[Amended 9-20-2011 by Ord. No. 15-2011[1]]
[1]
Editor's Note: This ordinance also amended the title of this
article, which was previously Separation of Recyclable Materials.
A.
Pursuant to N.J.S.A. 40:48-2, the Legislature of the State of New
Jersey authorized municipalities to adopt laws, that are not contrary
to the laws of the state or the United States, that it deems necessary
and proper for the good government, order and protection of persons
and property, and for the preservation of the public health, safety
and welfare of the municipality and its inhabitants.
B.
The Solid Waste Management Act was made effective on May 6, 1970
(N.J.S.A. 13:1E-1 et seq.). The purpose of the Act was to establish
a framework for the coordination of solid waste collection, disposal
and utilization activity within the state.
C.
The New Jersey Statewide Mandatory Source Separation and Recycling
Act was made effective on April 20, 1987 (N.J.S.A. 13:1E-99.11 et
seq.). The purpose of the Act was to remove certain recyclable materials
from the municipal solid waste stream to decrease the flow of solid
waste into the sanitary landfill facilities. It would also aid in
the conservation and recovery of valuable resources, increase the
supply of reusable raw materials for industry, and conserve energy
in the manufacturing process.
A.
The governing body of the municipality finds that the orderly separation,
collection and utilization of recyclable materials is a matter of
important public concern to all residents living within the municipality.
The removal of recyclable materials from the municipal solid waste
stream will decrease the flow of solid waste into the sanitary landfill
facility, aid in the conservation and recovery of valuable resources,
increase the supply of reusable raw materials for manufacturing industries,
and conserve energy in the manufacturing process.
B.
The terms and provisions of this article are to be liberally interpreted
so as best to achieve the purposes set forth herein. This article
shall be interpreted in harmony with the Solid Waste Management Act
and the current Cumberland County Solid Waste Management Plan.
A.
The Commissioner in charge of the Streets and Roads Department is
hereby authorized to promulgate rules concerning the enforcement of
this article, including the source separation of solid waste and the
collection thereof.
B.
The Municipal Recycling Coordinator is primarily responsible for
the enforcement of these regulations. However, the Commissioner is
authorized to designate such other municipal employees as may be necessary
to assist in the enforcement of the rules and regulations.
C.
An inspection may consist of sorting through containers or opening
solid waste bags to detect, by sight or sound, the presence of any
recyclable material.
[Amended 10-1-2019 by Ord. No. 46-2019]
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
To combine or consolidate different types of solid waste
at the point of generation or origin.
A wheeled cart provided by the City, the capacity and specifications
of which shall be determined by the Director of Public Works.
The area closest to the shoulder of the alley, highway, road
or street; in the absence of a shoulder, it means the area closest
to the traveled portion of the alley, highway, road or street.
The area between the curb and the sidewalk. In the absence
of a curb or sidewalk, it means the area closest to the curb as defined
herein without endangering traffic safety or obstructing pedestrian
travel.
Those items of solid waste designated for recycling within
the Cumberland County Solid Waste Management Plan. Examples include
glass, metal, paper, plastic, poly-coated paperboard packaging, beverage
containers and aseptic packaging, corrugated and other cardboard,
magazines, newspapers, or high-grade office paper.
The plan adopted by the governing body of the Cumberland
County Improvement Authority and approved by the appropriate state
authority.
Any building or structure or complex of buildings or structures
in which more than 10 dwelling units are rented or leased or offered
for rental or lease for residential purposes, except hotels, motels
or other guesthouses serving transient or seasonal guests as those
terms are defined in the Hotel and Multiple Dwelling Law (N.J.S.A.
55:13A-1 et seq.).
The person appointed by the director and who shall be authorized
to enforce these regulations and any other rules promulgated hereunder.
All residential, commercial and institutional solid waste
generated within the boundaries of the municipality.
The City of Millville located within the County of Cumberland
within the boundaries of New Jersey.
Included in this article are as follows:
OLD NEWS PRINT (ONP)Shall be considered to mean all uncontaminated newspaper(s), catalogues, unwanted mail, magazines, telephone books, office paper.
ALUMINUM CANSShall be considered to mean all beer and soda metal cans not to exceed one gallon in size.
GLASSShall be considered clear, green, blue and amber glass. Rings and labels do not need to be removed.
COMMINGLED RECYCLABLESAll materials designated GMFBC, including plastic beverage containers. Specifically, commingling includes glass, metal and beverage containers. Specifically, commingling includes glass, metal and plastic food and beverage containers mixed in one container and delivered in same fashion.
GMFBCGlass and metal food and beverage containers, including all plastic soda bottles.
PLASTICAll plastic containers with the symbol 1, 2, 4, 5, and 7 such as laundry detergent bottles, excluding motor oil or any petroleum products or other hazardous waste.
OFFICE PAPERAll high-grade white bond paper, mixed office paper, i.e., computer paper, envelopes, legal paper. Shredded paper is not permitted.
GABLE-TOPPED CARTONSSoup, milk, and juice cartons.
CARDBOARDCereal, cracker and pasta boxes, cardboard beverage holders, detergent, show and tissue boxes, and any corrugated cardboard boxes. All cardboard should be flattened; however, failure to flatten the cardboard shall not be cause to refuse collection so long as the cardboard is contained within the totes.
Any process by which materials which would otherwise become
solid waste are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
To separate different types of solid waste at the point of
generation or origin.
Recyclable materials which are separated from other solid
waste at the point of generation by the generator for the purposes
of recycling.
A.
Residential dwellings. It shall be mandatory for all persons who
are owners, tenants or occupants of residential dwellings within the
municipality to separate designated recyclable materials from other
solid waste. Designated recyclable materials shall be placed separately
at the curb in a manner and on such days and times as may be established
by the municipality.
B.
Multifamily dwellings. It shall be mandatory for all persons who
manage or own multifamily dwellings within the municipality to separate
designated recyclable materials from other solid waste. Designated
recyclable materials shall be placed separately at the curb in a manner
and on such days and times as may be established by the municipality.
If this is not practical, then the management or owner shall provide
for the proper separation, collection and recycling of the recyclable
materials.
C.
Nonresidential establishments. Nonresidential establishments include
commercial, industrial and institutional generators of recyclable
materials. It shall be mandatory for all persons who own or operate
nonresidential establishments within the municipality to separate
designated recyclable materials from other solid waste. Designated
recyclable materials shall be collected and recycled by the owner
or operator or their designee.
[Amended 10-1-2019 by Ord. No. 46-2019]
A.
There is hereby established within the municipality a curbside program
for the collection of recyclable materials. This program is for residential
customers residing within the municipality whose recyclable materials
are collected at the curbside by the municipality.
B.
The collection of recyclable materials shall be made once every two
weeks for each customer. Collection shall occur in accordance with
a schedule established by the municipality.
C.
Recyclable materials shall be placed in a City-supplied wheeled container
and placed at the curbside for collection by the municipality.
D.
It shall be unlawful for any person to place recyclable materials
at the curbside for collection more than 12 hours in advance of the
day designated for collection by the municipality.
E.
It shall be unlawful for any person to leave recyclable materials
or empty containers at the curbside more than 12 hours after the day
designated for collection by the municipality.
F.
It shall be unlawful for any person to commingle recyclable materials
with other solid waste and place it at the curbside for collection
by the municipality.
G.
Once recyclable materials are placed at the curbside for collection,
they become the property of the municipality. No person except the
owner or a person authorized by the municipality shall collect, remove
or tamper with these materials.
[Amended 9-6-2016 by Ord.
No. 38-2016]
A.
The owner, occupant or tenant of any residential dwelling shall comply
with the rules and regulations established by the municipality.
B.
For multifamily dwellings, the management or owner is responsible
for the proper separating of recyclable materials and providing an
appropriate dumpster sufficient to accommodate recyclables from its
units. Recyclables shall be collected from said dumpster on a schedule
of at least one time per week. Violations and penalty notices will
be directed to the owner or management in those instances where the
violator is not easily identifiable. The management shall issue notification
and collection rules to new tenants when they arrive and every six
months during their occupancy.
A.
Nonresidential establishments include commercial, industrial and
institutional generators of recyclable materials. Any person who owns
or operates a nonresidential establishment shall comply with the rules
and regulations established by the municipality.
B.
Any person who owns or operates a nonresidential establishment shall
arrange for the proper separation, collection and recycling of designated
recyclable materials. Any person who owns or operates a nonresidential
establishment and who provides outdoor litter receptacles and disposal
service for their contents shall also provide receptacles for designated
recyclable materials.
C.
Any person who owns or operates a nonresidential establishment shall
report on an annual basis to the Municipal Recycling Coordinator on
recycling activities at his/her premises. The forms shall be prescribed
by the Municipal Recycling Coordinator and shall include the type
of material, the quantity, the date and market to which the material
was sold or the recycling center where the material was transported.
[Amended 7-2-2013 by Ord. No. 21-2013]
D.
All food service establishments, as defined in the Health Code, shall
comply with the recycling requirements set forth in this article.
Additionally, all food service establishments shall be required to
recycle grease and/or cooking oil created in the processing of food
or food products. Furthermore, these establishments shall maintain
such records as may be prescribed for inspection by the Municipal
Recycling Coordinator or any code enforcement officer.
A.
Any application to the Municipal Planning Board for subdivision or
site plan approval for the construction of multifamily dwellings of
five units or more, or single-family developments of 50 units or more
must include a recycling plan. Any application to the Municipal Planning
Board for subdivision or site plan approval for the construction of
any commercial, industrial or institutional development utilizing
1,000 square feet or more of land must include a recycling plan. The
plan shall contain, at a minimum, the following:
(1)
A detailed analysis of the amounts and composition of solid waste
and designated recyclable materials expected to be generated at the
proposed development; and
(2)
The locations documented on the site plan which provide for convenient
recycling opportunities for all owners, tenants, and occupants. The
recycling area shall be of sufficient size, convenient locations and
contain other attributes such as fencing, lighting and signage as
may be determined by the Municipal Recycling Coordinator.
B.
Prior to the issuance of a certificate of occupancy by the municipality, the owner of any development described in Subsection A above must supply a copy of a duly executed contract with a hauling company for the collection and disposal of solid waste, and the collection and recycling of designated recyclable materials in those instances where the municipality does not otherwise provide this service.
C.
Subject to the approval of the Municipal Engineer, provision shall
be made for the indoor or enclosed outdoor storage of solid waste
and source-separated designated recyclable materials.
A.
Any person who violates the provisions of this article shall be subject
to a penalty of not less than $250 nor more than $1,000 for each offense.
If the violation is of a continuing nature, each day during which
it continues constitutes an additional, separate, and distinct offense.
B.
The following violations are considered less serious in nature, and
therefore the minimum mandatory penalties set forth below shall apply:
|
Violation
|
Fine
| |
|---|---|---|
|
Container used of improper size or type
|
$50
| |
|
Container exceeding permitted weight limit
|
$50
| |
|
Recyclable materials placed for collection at improper locations
or times
|
$100
|
C.
The municipality reserves the right to institute a suit in equity
to enforce the provisions of this article and to obtain an injunction
to restrain the violation of these regulations. This remedy shall
be deemed a concurrent remedy available in addition to the penalties
set forth above.
