[Amended 4-16-2008 by Ord. No. 9-08]
As used in this article, the following terms shall have the
meanings indicated:
ASHES
The residue from burning wood, coal, coke or other combustible
materials.
BUILDING MATERIALS
Any material such as lumber, brick, plaster, gutters, roofing
material or other substances accumulated as a result of work performed
on or demolition of structures.
BUNDLES
Normally loose items which shall be collected if organized
into bundles of not more than four feet in length and tied with heavy
twine, rope, wire, etc. Such bundles shall be organized so that they
may be conveniently handled by one person and shall weigh no more
than 50 pounds.
COMMINGLED
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
COORDINATOR
The Solid Waste and Recycling Coordinator for the Township
of Morris. Includes the position and duties of Municipal Recycling
Coordinator.
DEPARTMENT
The Township of Morris Roads and Sanitation Department.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Morris County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include aluminum cans and cans made
from aluminum that was manufactured to hold a serving of a beverage.
Specifically omitted from this definition are aluminum foil and aluminum
pie plates.
GARBAGE
Putrescible animal and/or vegetative waste resulting from
the handling, cooking, preparation or consumption of food, and shall
include the fecal waste from any animal or bird (when fecal matter
has been separated from other waste and is double bagged prior to
placement for collection).
GLASS BOTTLES AND JARS
Bottles and jars made from glass, including clear, brown
and green glass. A "bottle" is defined as a receptacle having a narrow
neck and a mouth that can be corked or capped. A "jar" is defined
as a widemouthed container that can be capped. Caps and lids are not
included. Specifically omitted from this definition are drinking glasses,
windows, mirrors, light bulbs, and anything made of Pyrex® or
ceramic.
HAZARDOUS WASTE
Any waste or combination of wastes which poses a present
or potential threat to human health, including but not limited to
waste material that is toxic, carcinogenic, corrosive, irritating,
sensitizing, biologically infectious, explosive, flammable, or radioactive
and/or any waste so designated by the United States Environmental
Protection Agency or the New Jersey Department of Environmental Protection.
HOSPITAL/RED BAG WASTE
Includes but is not limited to all instruments, supplies,
containers, bandages, gloves, etc., used by health care practitioners
and facilities as described in the New Jersey Department of Health
regulations and New Jersey law, Section 306 of the Manual of Standards
for Hospitals and Facilities, and N.J.S.A. 2C:36-6.1.
HOUSEHOLD TRASH
Every waste accumulation of paper, sweepings, dirt, dust,
rags, bottles, cans or other matter of any kind, other than garbage,
which is usually attendant to housekeeping.
INDUSTRIAL WASTE
All waste, including solids, semisolids, sludge and liquids,
created by factories, processing plants or other manufacturing or
industrial enterprises.
INSTITUTIONAL PROPERTIES
Any nontaxable (exempt) properties, whether they are religious
or educational, service facilities or institutional establishments,
which may be residential or nonresidential, at which garbage may be
generated.
LITTER
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including but not limited to any bottle, jar, can, any unlighted cigarette,
cigar, match or flaming or glowing material or any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste,
newspaper, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary processes of mining or other extraction process,
logging, sawmilling, farming or manufacturing.
MULTIFAMILY DWELLING
Any building or structure, or complex of buildings, in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (See N.J.S.A.
13:1E-99.13a.), and shall include hotels, motels or other guesthouses
serving transient or seasonal guests as those terms are defined under
Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law,
P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing
body to fulfill the requirements of the Morris County Solid Waste
Management Plan and the New Jersey Statewide Mandatory Source Separation
and Recycling Act and those rules and regulations promulgated therefor.
MUNICIPAL RECYCLING ENFORCEMENT COORDINATOR
The person or persons named by the municipality who shall
fulfill the responsibilities with respect to recycling enforcement
coordination detailed in the March 2007 Morris County Solid Waste
Management Plan Amendment Section 8.6. This person may be the same
person designated as the Municipal Recycling Coordinator.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Township
which is not bulky waste or construction and demolition debris.
RECEPTACLE
A container constructed of such material and in such a manner
as to hold solid waste and trash and other such items without breaking
or collapsing. Receptacles shall have handles and covers so that the
contents therein are not exposed to the weather, animals and vermin.
A disposable plastic bag shall constitute a receptacle if it is of
sufficient strength to hold its contents without breaking when collected.
The receptacle shall be of such a design and weight as to be able
to be conveniently handled by one person. No container shall exceed
a weight of 50 pounds when loaded. Commercial garbage receptacles
and fifty-five-gallon drums are not acceptable containers. Receptacles
which, in the opinion of the Department, are badly broken or fail
to meet the requirements of this article may be classified as garbage.
RECYCLABLE MATERIALS
All waste materials which have the ability to be returned,
through processing, to their former or an alternate use, including
but not limited to the following:
A.
PLASTIC BOTTLES (coded 1 and 2)Plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as "polyethylene terephthalate" (PETE) or "high-density polyethylene" (HDPE). A "bottle" is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. Caps and lids are not included. Any item made of plastic that is not a bottle is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc., should not be recycled.
B.
STEEL (TIN) CANSAn airtight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
C.
NEWSPAPERA publication containing news, information and advertising, usually printed on low-cost paper called "newsprint." Newspaper may include glossy inserts which come with the paper, depending upon the market conditions at the time.
E.
MIXED PAPERVarious categories of recyclable paper, including but not limited to white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes and soft-cover books.
F.
GLASSIncludes all products made from silica or sand, soda ash and lime, the product being transparent or translucent and being used as packaging and commonly known as "glass."
G.
LEAVESVegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
I.
BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
J.
NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
K.
OIL-CONTAMINATED SOILNonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, No. 4 and No. 6 heating oils and certain other refinery products, including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.
L.
USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
M.
LEAD-ACID BATTERIESStorage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.
N.
HAZARDOUS DRY CELL BATTERIESRechargeable batteries, such as nickel-cadmium, nickel-iron and nickel metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous, as defined by the Resource Conservation and Recovery Act (RCRA), regardless of the RCRA exclusion of household waste from the definition of "hazardous waste" pursuant to 40 CFR 261.4(b). Nonrechargeable, hazardous batteries include older alkaline and carbon zinc batteries, as well as silver oxide, mercury and magnesium button-type batteries, etc. It should be noted that domestically manufactured alkaline and carbon zinc nonrechargeable batteries made after circa 1994 eliminated mercury content to the point that they should not be considered RCRA hazardous and therefore are not included in this material category.
O.
METAL APPLIANCESAppliances composed predominantly of metal, and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant must be recovered accordingly.
P.
WHOLE TIRESTires that are whole and not chipped into small pieces. Tires are allowed to be recycled and/or incinerated for energy recovery.
Q.
ELECTRONIC WASTE (This is to be included in those instances where a recycling program has been, or will be, established for these materials. Additionally, the following definition may be changed to reflect individual municipal program requirements.)A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines, a cathode ray tube, a cathode ray tube device, a flat-panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
SOLID WASTE
All garbage and rubbish normally generated by the occupants
of residential and other property, disposed of by private and/or public
collection and defined as "solid waste" by the New Jersey Solid Waste
Management Act (N.J.S.A. 13:1E-3). Items classified as recyclables
shall be prohibited from being placed commingled with other materials.
SOURCE SEPARATION
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
STREET
Any right-of-way, avenue, boulevard, road, parkway, viaduct,
drive or other way which is:
A.
An existing state, county or municipal roadway; or
B.
Shown upon a plan approved by the Planning Board or Board of
Adjustment and built in accordance with Township standards and which
may be either public or private;
C.
Shown on a plat filed with the office of the County Clerk of
the County of Morris; and
D.
Not dedicated in whole or in part as a parking area or driveway
which provides access to any buildings or structures.
SUPERINTENDENT
The Superintendent of the Roads and Sanitation Department
of the Township.
YARD WASTE
Any waste accumulations of grass, leaves or shrubbery, cuttings
or clippings, tree branches or tree limbs, parts of trees, bushes
or shrubbery or other material usually created as refuse in the case
of yard maintenance. Yard waste shall be free of dirt, rocks and other
bulky and noncombustible materials and shall be separated for purposes
of collection into grass clippings and leaves and other materials.
Every person or persons or corporation who shall transport any
of the above through or along any street in said Township shall use
a vehicle properly constructed and furnished with a sufficient covering
so as to prevent the escape of the contents thereof.
No such vehicles shall stand in the streets or other public
places at any time except when being loaded.
[Amended 4-16-2008 by Ord. No. 9-08]
All solid waste haulers servicing residential, commercial and/or
institutional premises located within the boundaries of the Township
shall be required to complete and submit tonnage reports of solid
waste types collected within such boundaries, excluding recyclables,
on a quarterly basis to the Department of Roads and Sanitation.
[Amended 12-2-1992 by Ord. No. 29-92]
Solid waste disposal service shall not be provided to any federal, state, county or municipal government properties other than properties of the Township of Morris, or to multiple-dwelling complexes, except a qualified private community as defined in N.J.S.A. 40:67-23.2, or to medical facilities or offices, except offices located in a residential structure which qualifies under §
95-37C of the Morris Township Code.
The following items are prohibited from being placed for collection:
A. Construction materials, including but not limited to bulk roof shingles,
dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard,
sheetrock, etc.
B. Bulk grass cuttings and tree trimmings, except that these items may
be collected if placed in reusable receptacles in the same manner
as required for the collection of solid waste.
C. Hot ashes, dirt, earth, stone, blacktop, concrete, concrete block
and macadam.
D. Industrial waste, including but not limited to processed scrap materials,
packing materials and certain hazardous and dangerous materials, such
as acids, paints, fluorescent tubes, bulk amounts of glass, toxic
materials and highly volatile or explosive matter, either in liquid,
gaseous or solid form.
E. Bulk automotive parts, including but not limited to transmissions,
engines, rear ends, wheels, mufflers and other bulk items normally
produced in quantity by vehicular repair operations.
F. Dead animals, animal waste and animal droppings.
G. Surgical dressings, syringes and disposable hospital-type waste items,
also known as "red bag waste."
H. New and used motor oils, petroleum-based products or antifreeze.
I. Hazardous waste classified pursuant to regulations issued by the
New Jersey Department of Environmental Protection (NJDEP), adopted
under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Toxic
chemicals commonly known as "commercial hazardous waste" and "household
hazardous waste" would be excluded.
[Amended 4-16-2008 by Ord. No. 9-08]
Provided that special arrangements have first been made with
the Roads and Sanitation Department, branches, bulky tree limbs and
trunks six inches in diameter or less will be collected throughout
the year if deposited at the street curb, if one exists, but not on
the street pavement if there is no curb. Branches, bulky tree limbs
and trunks as herein permitted may be placed at the curb in reasonable
piles prior to the scheduled collection day. During leaf collection
days, branches and leaves shall be placed in separate piles at the
curb or adjacent to the street pavement if there is no curb.
[Amended 4-16-2008 by Ord. No. 9-08]
The service listed under the term "yard waste" in the annual
Township calendar shall, during the months of October, November and
December, consist strictly of leaf collection. During this time, leaves
may be placed in neat piles at the curb or pavement edge for collection,
provided that the piles do not constitute a traffic hazard. It shall
be a violation of this article for any person, contractor, firm or
company to place leaves at the curb or pavement, which leaves are
not naturally occurring in the Township. Residents placing leaves
for collection after the special leaf collection in October, November
and December shall be required to contain the leaves in reusable receptacles
for their next regularly scheduled yard waste collection.
[Amended 4-16-2008 by Ord. No. 9-08]
Residents shall be required to contain grass clippings in reusable
receptacles and place said receptacles at the curb or pavement edge
separate from garbage or refuse for collection in accordance with
the scheduling outlined in the Township calendar under yard waste
services for their sector. Any grass clippings placed at the curb
or pavement edge during the months of leaf collection shall not be
contained but be commingled with leaves placed for collection. It
shall be a violation of this article for any person, firm, contractor
or company to place grass clippings at the curb or pavement edge,
which clippings are not naturally occurring in the Township.
Property owners of record shall be responsible for the placement
of materials for collection as specified herein. The Township Committee
shall be empowered to fix fees by regulation for the removal of materials
not placed in accordance with the terms of this article, which shall
be the responsibility of the property owner of record.
[Amended 4-16-2008 by Ord. No. 9-08]
Property owners, and their agents, guests, lessees, tenants,
employees, contractors and occupants, who place materials not in accordance
with this article shall hold harmless and indemnify from any and all
losses the Township, its agents and employees from all costs, losses
and damages, direct and indirect, which are attributable, in the sole
determination of the Township, to materials placed for collection
in violation of the terms of this article.
A schedule of fees shall be established by the Township Committee for services provided under §
427-8. The approved fees may be charged for household containers and/or containerized receptacles, including but not limited to normal service and recollection, if collection activities are unable to be performed due to violation of this article.
Fees not paid within 30 days of assessment by the Department
shall constitute a lien against the property which shall be collected
via an action of law, and services shall cease until full restitution
has occurred.
This article shall be enforced in Municipal Court upon a complaint
signed by a member of the Board of Health, the Roads and Sanitation
Department or the Police Department of the Township of Morris. Further,
once a complaint has been signed and issued, the responsibility for
disposal of solid waste shall lie with the violator and/or shall be
processed as a lien against the property and in accordance with law.
The Roads and Sanitation Department may issue regulations exempting
from total or partial compliance those residential properties whose
sole occupant or occupants are unable to meet the requirements of
this article by reason of a physical disability.
The Roads and Sanitation Department shall forthwith transmit
all solid waste collected pursuant to this article to lawfully licensed
facilities designated by the County of Morris in the Morris County
Solid Waste Plan and/or the State of New Jersey. If permitted by said
solid waste plan and if said users and markets exist on a positive
cost-benefit-ratio basis to the municipality, then the Township may
elect to dispose of said solid waste or a portion thereof in an alternative
manner pursuant to statute and regulation.
The Township of Morris shall assume ownership of items or materials
classified as recyclable upon collection by the Township or upon delivery
to a municipal dropoff center specified herein.
[Amended 8-17-1994 by Ord. No. 15-94]
The Township Committee shall appoint a Solid Waste and Recycling
Coordinator and a deputy selected from the Roads and Sanitation Department
supervisory personnel required to act as liaison with Morris County
and New Jersey State solid waste officials, keep records and perform
the annual tonnage grant application process. The Coordinator shall
also prepare a plan with respect to the collection and handling of
mandated recyclable material and update said plan from time to time
as may be required by regulation.
[Amended 4-16-2008 by Ord. No. 9-08]
A. Upon classification of an item or material presently or prospectively
a part of the commingled solid waste flow as recyclable, residential
and other property owners, except for the United States government
and the State of New Jersey, shall cause themselves or their agents,
lessees, tenants or their occupants to separate said item or materials
separately for collection, whether said collection is performed by
a municipal agency or private contractor.
B. On and after the date fixed in the regulations and in accordance
with the terms thereof, it shall be mandatory for all persons who
are owners, lessors, renters or occupants of residential dwellings
and commercial, industrial and institutional properties in the Township
of Morris to separate recyclable materials from all other solid waste
generated. Commercial, industrial and institutional properties that
are not serviced by the Township shall be required to negotiate with
their private hauler/contractor in accordance with the provisions
of the Morris County District Recycling Plan.
C. At the present time, the waste materials to be recycled by New Jersey
state mandate and designated as recyclable by the Township of Morris
are:
(2) Cardboard/corrugated paper.
(3) Glass food and beverage jars.
(4) High-grade and mixed paper: computer, office paper and stationery/envelopes.
(5) Newspapers and magazines.
(6) Steel cans and bimetal containers.
(8) Yard waste: leaves, grass clippings, branches and vegetative waste.
(9) Plastic bottles (No. 1 PETE and No. 2 HDPE).
(10)
Tires, vehicular batteries.
(11)
Oil-contaminated soil (nonhazardous, Type 27).
(14)
White goods (appliances, CFCs to be recovered where applicable).
D. Acceptance of county goal. As set forth in N.J.S.A. 13:1E-99.13b(4)(c),
the Township of Morris accepts the goal of 50% recycling of municipal
solid waste by 2015 and shall monitor its level of recycling and solid
waste disposal and shall strive to achieve the recycling of 50% of
the municipal solid waste generated within its borders.
The Roads and Sanitation Department shall, by regulation, designate
a municipal dropoff center. Said center shall accept, as a minimum,
used motor oils, as well as any items classified as recyclable by
regulation of the Roads and Sanitation Department.
[Amended 4-16-2008 by Ord. No. 9-08]
The Superintendent of the Department of Roads and Sanitation
is hereby authorized and directed to promulgate such reasonable regulations
as to the manner, days, times, fees, etc., for the collection of solid
waste in accordance with the terms hereof and shall forward such regulations
to the Township Committee for adoption by resolution. Such regulations
may be amended from time to time as needed to encourage the operation
of the collection program.
[Added 4-16-2008 by Ord. No. 9-08]
A. All nonresidential generators, including commercial, industrial and
institutional establishments, of solid waste shall be required to
comply with the provisions of this article.
B. The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner, or its designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoor litter
receptacles and disposal service for their contents shall also provide
receptacles for designated recyclable materials, for those materials
commonly deposited, in the location of the litter receptacle, and
shall provide for separate recycling service for their contents.
C. All nonresidential facilities shall report on an annual basis to
the Municipal Recycling Coordinator, on such forms as may be prescribed,
on recycling activities at their premises, including the amount of
recycled material, by material type, collected and recycled and the
vendor or vendors providing recycling service.
D. All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle grease and/or cooking oil created in the processing
of food or food products and maintain such records as may be prescribed
for inspection by any code enforcement officer.
[Added 4-16-2008 by Ord. No. 9-08]
A. Any application to the Planning Board of the Township of Morris for
subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single-family developments of 50
or more units or any commercial, institutional or industrial development
for the utilization of 1,000 square feet or more of land must include
a recycling plan. This plan must contain, at a minimum, the following:
(1) A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
(2) Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants and
occupants. The recycling area shall be of sufficient size, in a convenient
location and shall contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
B. Prior to the issuance of a certificate of occupancy by the Township
of Morris, the owner of any new multifamily housing or commercial,
institutional or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials in those instances
where the municipality does not otherwise provide this service.
C. Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.