Article II Recycling

All persons occupying residential premises within the Township shall, for the period from September 1 to December 31 of each year, source-separate leaves from solid waste generated at those premises and, unless leaves are stored or recycled for composting or mulching by the generator, place the leaves for collection in the manner provided for in this section. All leaves shall be either bagged or raked into the street gutter in accordance with the Township Resident Leaf Recycling Program. The Township will collect the leaves in accordance with the schedule contained in the Township Resident Leaf Recycling Program.

Stormwater management regulations (N.J.A.C. 7:8). Municipalities are required to follow strict guidelines for minimizing nonpoint-source pollution. These regulations require that all noncontainerized leaves be placed in the gutter no more than seven days prior to its scheduled pickup, and leaves cannot be closer than 10 feet to the storm drain.[1]

[1]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The Township may deliver tires to the existing transfer station or such site as designated by the County Improvement Authority for transfer to a tire recycler.

The Township shall, at a minimum, within 30 days after the adoption of this article and at least once every six months thereafter, notify all persons occupying residential, commercial and institutional premises within its municipal boundaries of recycling opportunities and the source-separation requirements of this article and the county recycling plan. In order to fulfill the notification requirements of this subsection, the Township may, in its discretion, place an advertisement in a newspaper circulating in the Township; post a notice in public places where public notices are customarily posted; include a notice with other official notifications periodically mailed to residential taxpayers; or any combination thereof, as the Township deems necessary and appropriate. At least once annually, the County Improvement Authority shall be informed, in writing, of the manner in which residents were notified.

The Township shall, pursuant to N.J.S.A. 13:1E-99.16c, within 30 days of the effective date of this article and at least once every 36 months thereafter, conduct a review and make the necessary revisions to the Master Plan and development regulations adopted pursuant to N.J.S.A. 40:55D-1 et seq., which revisions shall reflect changes in state, county and municipal policies and objectives concerning the collection, disposition and recycling of designated recyclable materials. The revised Master Plan shall include provisions for the collection, disposition and recycling of recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing, and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land. Permits for construction and demolition work, as well as road opening permits, shall be required to specify the quantity of materials recycled, where they will be taken and how they will be handled.

§ 420-9 Residential premises.

[Amended 12-22-1993 by Ord. No. 93-067]

Duties of residents. On and after the official commencement date of the County recycling system within the Township, each person residing in areas designated for recycling collection shall separate for curbside collection on designated collection days and such additional days as may be designated by the County Improvement Authority those materials designated in the county recycling plan, as listed in this section, and shall do so in the manner as set forth in this article.

Recyclable materials; collection.

All residents shall recycle or cause to be recycled, at a minimum, the following categories of recyclables:

Acceptable glass containers.

Acceptable metal containers.

Acceptable plastic containers.

(d)

Acceptable mixed paper.

Tires.

White goods.

Leaves.

Batteries.

Used motor oil.

Ferrous automotive scrap.

(k)

Grass clippings.

(l)

Corrugated cardboard.

The following materials are collected through the County Improvement Authority's residential collection programs: glass, aluminum, plastic, tin-plate steel and bimetal containers and paper. Private contractors servicing multifamily complexes within the Township are required to collect for recycling, at a minimum, the same materials as collected through the County Improvement Authority's residential collection programs.

As part of the County source-separation and recycling plan, the Township shall provide all residents a means to recycle items designated in this plan not collected at curbside by the County Improvement Authority.

Violations. Any and all persons having been found to have violated the provisions of the recycling plan of the Township will be assessed warnings, penalties and fines pursuant to § 420-14.

Materials placed for collection to become property of County. At the time of placement of recyclable materials designated for collection by the recycling plan of the Township at the curb or streetside of residential units, the material shall be considered the sole property of the County Improvement Authority and shall be considered a conscious contribution by that resident to the County recycling system for collection by the County Improvement Authority or its agent.

Donation or sale of materials to persons other than County. Any resident within the Township may donate or sell designated recyclable materials to any person, whether operating for profit or not for profit, provided that the receiving person may not perform curbside collection under any circumstances unless that person has registered with the County Improvement Authority as a private recycler.

Disposal of batteries. Household batteries shall be part of the curbside recycling program. Auto batteries shall be recycled at dropoff locations established by the Township.

Multifamily complexes.

Materials collected from multifamily complexes by private contractors shall be the property of the private contractors. Private contractors servicing multifamily complexes shall provide monthly reports to the Township on total tonnages recycled from all multifamily complexes serviced by the private contractor within the Township. On or before January 31 of each year, private contractors shall file tonnage reports with the County Improvement Authority, giving annual totals for tonnages recycled and markets for individual materials, along with documentation for those tonnages and markets.

It shall be the responsibility of the landlord, building owner, property manager or private association to ensure that recycling collection services are provided to residents of multifamily complexes and that sufficient space is provided for collection and storage of materials designated for recycling.

§ 420-10 Commercial, industrial and institutional establishments.

It shall be the responsibility of the landlord, building owner, property manager or private association to inform both current and new residents, at a minimum annually, of the manner, time and place for collection of recyclable materials.

[Amended 12-22-1993 by Ord. No. 93-067]

Recyclable materials. All commercial, industrial and institutional establishments located within the Township shall recycle or cause to be recycled, at a minimum, the following categories of recyclables:

Paper, including but not limited to the following:

Acceptable mixed paper.

Corrugated cardboard.

Office paper.

Acceptable glass containers.

Acceptable metal containers.

Tires.

White goods.

Batteries.

Vehicle batteries.

Acceptable plastic containers.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Leaves.

Grass.

Used motor oil.

Ferrous automotive scrap.

Recycling plan required; contents. All commercial, industrial or institutional establishments located within the Township shall submit a source-separation recycling plan to the County Improvement Authority to meet the state recycling mandates, identifying or incorporating the following:

All waste material generated, listed by type.

All volumes of the waste categories currently recycled.

Any agreement with any solid waste hauler or with a separate entity for the recycling of source-separated designated materials as defined within the county recycling plan.

(4)

A description of current or proposed recycling efforts for designated materials.

(5)

The name of the person responsible for the recycling plan.

Schedule for submission of plans; waste audit. The schedule for submittal of these commercial, industrial and institutional recycling plans to the County Improvement Authority shall be as follows:

All commercial, industrial or institutional establishments whose waste is collected by private haulers and which are not serviced by municipal collection shall submit the plan within four months of enactment of this article and shall implement the plan within two months following approval of the plan by the County Improvement Authority.

All commercial, industrial or institutional establishments whose waste is collected through a municipal collection system shall be part of the municipal collection system of recyclables.

All commercial, industrial or institutional establishments shall submit updated recycling plans, including a waste audit, to the County Improvement Authority according to the following schedule:

Facilities with more than 500 employees, by December 31, 1992.

Facilities with 250 to 499 employees, by December 31, 1993.

§ 420-11 Collections by private recyclers.

Facilities with 100 to 249 employees, by December 31, 1994.

(d)

Facilities with fewer than 100 employees, by December 31, 1995.

(4)

Recycling plans shall be updated once every two years from the date of approval of the waste audit.

Joint recycling plans. All commercial, industrial or institutional establishments required to submit a recycling plan under this article may, at their option, submit a joint recycling plan with any other entity whereby a common hauler or collection point for common pickup is set forth. However, each commercial, industrial or institutional establishment shall submit a plan identifying that they are part of this joint plan and shall attach a copy of the plan, incorporating it by reference. All joint plans must name all plan participants and designate a coordinator for the joint plan. If a joint plan is filed, the person serving as coordinator shall be required to file tonnage reports with the County Improvement Authority. It shall be the responsibility of the joint plan coordinator to update the list of participants, if necessary, at the time of filing of recycling tonnage reports.

Violations. Any such commercial, industrial or institutional recycling plan shall be consistent with those terms, conditions and goals set forth in the county recycling plan and this article. The failure to submit the plan or comply with the plan shall subject the commercial, industrial or institutional establishment to penalties as set forth in this article.

Extension of time for compliance. An extension of the time for plan submittal or plan implementation of up to 90 days may be requested from the County Improvement Authority, depending upon the size of the establishment. Justification for such a request shall be submitted to the County Improvement Authority, in writing, and shall be verified as necessary or justified.

Provision of service by County. Pursuant to the County Recycling Ordinance, Ordinance No. 89-19, upon failure of a commercial, industrial or institutional establishment to meet the source-separation recycling provisions of this article or the source-separation and recycling provisions of the Recycling Act, if not exempted pursuant to Subsection H of this section, the County Improvement Authority shall provide such recycling service, and all fees and costs for providing the recycling service shall be assessed at rates to be established by the County Improvement Authority through the State Board of Public Utilities and the County's solid waste franchise, and penalties shall be assessed as provided for in this article.

Exemptions. Pursuant to N.J.S.A. 13:1E-99.16, the Township shall have the right to exempt persons occupying commercial and institutional premises within the municipal boundaries from the source-separation requirements of this article if those persons have otherwise provided for the recycling of the recyclable materials designated in the county recycling plan from solid waste generated at those premises. The Township shall annually submit to the County Improvement Authority a list of those commercial, industrial or institutional establishments requesting exemptions under this subsection and the results of its determination, with an explanation for the action. To be eligible for an exemption pursuant to this subsection, a commercial or institutional solid waste generator shall annually provide written documentation to the Township and the County Improvement Authority of the total number of tons recycled. Persons occupying commercial and institutional premises exempted under this subsection shall not be exempted from the reporting provisions of Subsection C of this section.

Disposal of batteries. Household batteries shall be part of the curbside recycling program. Auto batteries shall be recycled at dropoff locations established by the Township.

New establishments. New commercial, industrial or institutional establishments commencing operations in the Township after January 1, 1991, shall submit a recycling plan within six months of commencement of operations. An extension of time for plan submittal or plan implementation of up to 90 days may be granted by the County Improvement Authority on request. Justification for such a request shall be submitted to the County Improvement Authority in writing and shall be verified as necessary or justified.

Tonnage reports. Commercial, industrial or institutional establishments shall file tonnage reports with the County Improvement Authority annually, with documentation on materials claimed for recycling. Reports are due on or before January 31 of the year following the end of the reporting period, which is December 31. The County Improvement Authority reserves the right to establish more frequent reporting periods should the state Department of Environmental Protection require more frequent reporting.

Notification to tenants. All persons leasing commercial, industrial or institutional space to tenants shall annually inform such tenants of their responsibilities for recycling under the terms of this plan.

Materials placed for collection to become property of county. At the time of placement of recyclable materials designated for collection by the plan at the curbside or streetside of commercial, industrial or institutional establishments, the material shall be considered the sole property of the County Improvement Authority and shall be considered a conscious contribution to the County recycling system for collection by the County Improvement Authority or its agents.

Violations. Any commercial, industrial or institutional recycling plan shall be consistent with those terms, conditions and goals set forth in the county recycling plan and this article. The failure to submit the plan or comply with the plan or any regulations therein shall subject the commercial, industrial or institutional establishment to penalties as set forth in this article.

Provision of service by county. Upon failure of a commercial, industrial or institutional establishment to meet the source-separation recycling provisions of this article or the provisions of the enacting ordinance of the County Board of Chosen Freeholders, or the provisions of the Mandatory Recycling Act,[2] if not otherwise exempted, the Township or the County Improvement Authority shall cause to be provided such recycling service, and all fees and costs for providing the recycling service shall be paid to the Township.

[2]

Editor's Note: See N.J.S.A. 13:1E-213 et seq.

Any person or group of persons wishing to collect recyclable materials shall register with the County Improvement Authority as a private recycler.

No private recycler shall conduct recycling collection activities within the Township on designated County collection days.

Upon registration, each private recycler shall receive an identification/registration decal from the County Improvement Authority, and the recycler shall prominently display the decal on recycling vehicles when collecting recyclables within the Township.

An ongoing condition of collection activities within the Township shall be the submittal of certified weight tickets to the County Improvement Authority for material sold, to quantify levels for state-mandated recycling goals. The tickets shall be submitted to the County Improvement Authority no later than 30 days following the date of sale of the subject material.

§ 420-12 Enforcement of Township recycling plan.

The enforcement of the recycling plan of the Township shall be provided individually and severally by the Township, with regard to enforcement of this article, the County Improvement Authority, and the state Department of Environmental Protection. The Township hereby designates the Director of the Township Department of Public Works as liaison with the County Improvement Authority for the enforcement of this article.

§ 420-13 Registration of private recyclers; violations by private recyclers.

No person shall collect recyclables within the Township unless such person has registered with the County Improvement Authority and the requisite fee has been paid, unless an exemption has been granted by the County Improvement Authority in accordance with Ordinance No. 88-19 of the County. The identification/registration decal of each person so registered shall be prominently displayed on each recycling vehicle at all times while collecting recyclables within the Township.

Failure to register or to display the identification/registration decal on vehicles while collecting recyclables within the Township shall subject such private recycler to a fine of up to $250 per offense.

Any person conducting recycling collection activities within the Township on designated County recycling collection days shall be assessed a penalty of $250 per offense.

§ 420-14 Violations and penalties generally.

[Amended 5-4-1994 by Ord. No. 94-016]

Residents.

Any resident of the Township who is found to have violated the provisions of this article shall be subject to any or all of the following procedures and penalties:

A warning on the first occasion that this article is violated; and thereafter

A cessation in the collection of garbage which contains recyclable materials from that household; and

A fine of up to $500 per day of violation, depending upon the extent of and circumstances of the violation, to be assessed pursuant to N.J.S.A. 13:1E-9 by the County Improvement Authority, as authorized by this article and pursuant to the inclusion of this article within the County Solid Waste Management Plan.

The terms and provisions of this article may be enforced individually and severally by the Township, the County Improvement Authority and the state Department of Environmental Protection.

Commercial, industrial and institutional establishments.

Failure to submit the plan or have an approved plan in place as required by this article shall subject the commercial, industrial or institutional establishment to a fine of up to $100 per day until plan submittal requirements are met.

Any commercial, industrial or institutional establishment located within the County found to have violated its required recycling plan as submitted to the County pursuant to § 420-11 shall be subject to the following procedures and penalties:

A warning on the first occasion that the plan is violated; and thereafter