As used in this article, the following terms shall have the
meanings indicated:
Retail, wholesale, restaurants, taverns, schools, institutions,
including government, warehouses, construction sites, factories, offices,
etc., but specifically excludes fairs, parks, concerts, and other
outdoor events.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Constitutes a subset of electronic waste which shall include
only the following: a computer central processing unit of a laptop
computer or desktop computer, 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.
Those materials designated below that shall be source separated
for the purpose of recycling. These materials include:
Designated materials for residential waste generators:
Aluminum, tin, steel.
Corrugated cardboard.
Glass containers.
Grass, brush, leaves.
Household batteries.
Leaves.
Mixed paper.
Motor oil.
Motor oil filters.
Newspaper.
Office paper.
Plastic containers (#1, #2 and #3).
Tires.
Vehicle batteries.
White goods (air conditioners, refrigerators).
Wood.
Concrete.
Asphalt.
Electronic waste (covered electronic device).
Universal waste.
Source separation and recycling requirements for commercial,
institutional and industrial waste generators:
Aluminum, tin and steel.
Computers and peripherals.
Corrugated cardboard.
Fluorescent bulbs.
Glass containers.
Grass, brush, leaves.
Household batteries.
Leaves.
Mixed paper.
Masonry (asphalt, brick, block, concrete).
Motor oil.
Motor oil filters.
Newspaper.
Officer paper.
Plastic containers (#1, #2 and #3).
Tires.
Vehicle batteries.
White goods (air conditioners, refrigerators).
Wood.
Electronic waste (covered electronic device).
Universal waste.
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.
Any building or structure, or complex of buildings in which
five 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 guest houses
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.).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this article, and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of the City of Rahway.
Those materials which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products in
accordance with the current municipal recycling program.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
A specific hazardous waste stream that has been designated
by EPA or those waste streams identified in the New Jersey Universal
Waste Rule (N.J.A.C. 7:26A-7). Only the following materials may be
managed as universal waste:
A.
Mandatory source separation. It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include but not be limited to retail and other
commercial locations, as well as government, schools and other institutional
locations within the City of Rahway, to separate designated recyclable
materials from all solid waste. Designated recyclable materials shall
be deposited separate and apart from other solid waste generated by
the owners, tenants, or occupants of such premises and shall be placed
separately at the curb or other location(s) in a manner and on such
days and times as may be hereinafter established by regulations promulgated
by the City of Rahway.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the article which requires persons generating municipal
solid waste within its municipal boundaries to source separate from
the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this article, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
The collection of recyclable material for nonmultifamily residences
shall be in the manner prescribed as follows:
A.
All containers and brown paper bags containing recyclable materials
shall be placed, prior to collection, between the curb and the sidewalk,
or in the absence of curb and sidewalk, as near to the street as not
to constitute a danger, where such receptacles shall be readily accessible
to the collector without providing obstruction to pedestrians. The
owner or occupant of the premises shall keep all receptacles clean
and in safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above any time after 4:30 p.m. of the
day immediately preceding the day of collection, but no later than
6:00 a.m. of the day of collection. After collection, any containers
shall be removed from the curbside by no later than 7:00 p.m. of the
day of collection.
B.
All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the municipality of the City of Rahway. All receptacles,
containers must be clean and kept in good condition. Residential use
containers shall not be more than 32 gallon capacity and when filled
cannot weigh more than 60 pounds.
C.
When programs exist for the collection of universal waste, all waste
types under this category must be recycled or disposed per rules and
preparation requirements of current program whether implemented by
the City of Rahway or County of Union.
A.
The owner of any residential property shall be responsible for compliance
with this article. Citizens are responsible for source separating
mandated items according to this municipal article and delivering
them to the municipal collection system (whether curbside collection,
bulk center or drop-off center). These items must be source separated;
no mandated recyclables are permitted in the garbage put out for collection;
no garbage is permitted in recyclables placed in the municipality's
collection system.
B.
For multifamily units, the owner or manager is responsible for the
following:
(1)
The property owner/management is responsible for ensuring that a
recycling system is established and that it is operated in compliance
with the requirements of this municipal article.
(2)
The property owner/management is responsible for setting up and maintaining
the recycling system.
(3)
The property owner/management is responsible for receiving and responding
to warnings, notices of violation, and penalty assessments and for
correcting violations. The property owner/management will be expected
to correct violations promptly and to make necessary notifications
to residents.
(4)
Drop-off centers (bulk centers), if in use, must be established and
maintained so that they are conveniently accessible to residents.
Curbside collection may be made available in place of, or in conjunction
with, these drop-off centers. The recycling system must provide for
all designated recyclables in the residential waste stream. The recycling
system may utilize separate containers for each recyclable material
or it may provide for two or more materials to be placed in one container
provided the recycling hauler can take the materials commingled. Containers
must be clearly marked and the area neatly maintained. Container capacity
must be adequate to hold the amount of materials generated between
pickups. It must be clear to an inspector that the system is being
serviced.
(5)
It must be clear that the system is being used properly by employees
and tenants. There must not be garbage in the recycling containers
or recyclables in the garbage containers. The property owner/management
is responsible for resolving problems which may arise from the improper
use of containers and for training employees and tenants to properly
understand and use the recycling system.
(6)
Notification and collection rules shall be issued by the management
to new tenants when they arrive and to all residents every three months.
Copies of these notices, or other proof of distribution of the notices,
must be sent to the Municipal Recycling Coordinator at the time of
each mailing or distribution.
(7)
The property owner/management is responsible for arranging to have
recyclables picked up and for resolving any problems with the transporter
of recyclables.
(8)
The property owner/management must arrange to obtain documentation
in order to report the tonnages of materials recycled at least once
per year but not later than March 1 or else he/she must arrange to
have the collector provide that documentation directly to the municipality.
Arrangements with recycling companies or with haulers handling recyclables
should include provisions for obtaining this information. Documentation
must be maintained by the management. When the municipality provides
recyclables collection service, reporting and proof are not needed.
(9)
Single/dual-stream recycling. Multifamily locations may opt to collect
their recyclables in a single stream or dual stream (fiber, commingled)
provided the material recovery facility (MRF) that receives the material
has certified that it has the ability to separate and maximize the
capture rate of the designated recyclables. The UCUA Division of Solid
Waste Management will compile and maintain an updated list of those
facilities.
A.
The owner/operator (or in case of construction, the contractor) is
responsible for ensuring that a recycling system is established and
that it is operated in compliance with the requirements of this municipal
article. The owner/operator/contractor is responsible for setting
up and maintaining the recycling system. The owner/operator/contractor
is responsible for receiving and responding to warnings, notices of
violation and penalty assessments and for correcting violations promptly.
B.
The recycling system must be established and maintained so that it
is conveniently accessible to users. The recycling system must provide
for all designated recyclables in the commercial/institutional waste
stream. The recycling system may utilize separate containers for each
recyclable material or it may provide for two or more materials to
be placed in one container provided the recycling hauler can take
the materials commingled. Containers must be clearly marked and the
area neatly maintained. Container capacity must be adequate to hold
the amount of materials generated between pickups. It must be clear
to the inspector that the system is being serviced.
C.
The owner/operator/contractor must ensure that the system is being
used properly by employees, customers or tenants. There must not be
garbage in the recycling containers or recyclables in the garbage
containers. The owner/operator/contractor is responsible for resolving
problems which may arise from the improper use of containers and for
instructing employees, tenants, and customers to understand and use
the recycling system.
D.
If patrons, customers or employees are involved in the waste disposal
process (i.e., fast food stores or company cafeteria), the recycling
system must allow for this and include notice to customers as to their
responsibilities.
E.
The owner/operator/contractor is responsible for arranging for recyclables
to be removed from the premises and for assuring that they go into
the recyclables market. The owner/operator/contractor may make arrangements
to deliver the recyclables to the municipal collection system (drop-off
center or curbside collection) if permitted by the municipality. Otherwise,
the owner/operator/contractor is responsible for arranging to have
recyclables picked up and for resolving any problems with the transporter
of recyclables.
F.
The owner/operator/contractor must arrange to obtain documentation
in order to report the tonnages of materials recycled at least once
per year but not later than March 1 or else he/she must arrange to
have the collector provide that documentation directly to the municipality.
G.
Single/dual-stream recycling. Commercial and institutional establishments
may opt to collect their recyclables in a single stream or dual stream
(fiber, commingled) provided the material recovery facility (MRF)
that receives the material has certified that it has the ability to
separate out and maximize the capture rate of the mandated recyclables.
The UCUA Division of Solid Waste Management will compile and maintain
an updated list of those facilities.
H.
Recycling containers. Commercial and institutional establishments
that have outdoor garbage containers for their customers must also
have outdoor recycling containers. There must be sufficient recycling
containers for any mandated recyclables in the commercial/institutional
waste stream.
I.
All schools must provide written notice at the beginning of each
school year, to all students, teachers, and other staff on the recycling
requirements. The notice must contain a contact number to call if
they observe any problems associated with recycling or if recycling
is not properly occurring.
J.
Single-stream recycling of mixed classes of construction recyclables.
Construction/demolition sites may opt to collect all recyclables in
one container provided there are no other materials (including garbage)
in that container. To qualify for this provision, recyclables must
go to a transfer station/MRF that is properly permitted by the New
Jersey Department of Environmental Protection and has certified that
it has the ability to separate out and maximize the capture rate of
the mandated materials. The specific materials that may be commingled
together will be determined by the provisions in the receiving transfer
station/MRF's permit.
K.
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.
A.
The organizer/owner/contractor of the location must provide a recycling
system that is operated in compliance with the requirements of this
municipal article.
B.
The recycling system must provide for any mandated recyclables generated
at the event. It must be clear to an inspector that the system is
being serviced: i.e., containers must be clearly marked and the area
neatly maintained; there must not be garbage in the recyclables or
recyclables in the garbage; container capacity must be adequate to
hold materials between pickups. There must be sufficient recycling
containers for any mandated recyclables generated at the event.
C.
The organizer/owner/contractor of the location is responsible for
arranging for recyclables to be removed from the premises and for
ensuring that they are taken to an approved recyclables market. The
owner/operator/contractor may make arrangements to deliver the recyclables
to the municipal collection system (drop-off center or curbside collection)
if permitted by the municipality. Otherwise, the owner/operator/contractor
is responsible for arranging to have recyclables collected and transported
and for resolving any problems with the transporter of the recyclables.
D.
The recycling system must be made accessible and available to all
patrons, customers, and employees. Notice/signs must be provided to
ensure all are aware of their responsibilities.
E.
The owner/operator/contractor of the location is responsible for
obtaining pertinent documentation in order to report the tonnages
of materials recycled at least once per year but not later than March
1 or else he/she must arrange to have the collector provide that documentation
directly to the municipality.
F.
Single/dual-stream recycling. The recycling system may utilize separate
containers for each recyclable material or it may provide for two
or more materials to be placed in one container. Establishments may
opt to collect their recyclables in a single stream or dual stream
(fiber, commingled) provided the MRF that receives the material has
certified that it has the ability to separate out and maximize the
capture rate of the mandated recyclables.
A.
Any application to the Planning Board of the municipality of the
City of Rahway, for subdivision or site plan approval for the construction
of 25 or more units of multifamily residential housing, single-family
developments of 50 or more units, or any commercial, institutional,
or industrial development proposal for the utilization of 1,000 square
feet or more of land, must include a recycling plan compliant. 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, convenient
location and 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 municipality
of the City of Rahway, 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.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
A.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or contains visible signs of, designated
recyclable materials. It is also unlawful for solid waste collectors
to remove for disposal those bags or containers of solid waste which
visibly display a warning notice sticker or some other device indicating
that the load of solid waste contains designated recyclable materials.
B.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this article and the local sanitary
code.
C.
Once placed in the location identified by this article, or any rules
or regulations promulgated pursuant to this article, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Police Department, the Property Maintenance
Official, the Housing Officer, or the municipal designated agent,
the Union County Office of Health Management and the Union County
Utilities Authority are hereby individually and severally empowered
to enforce the provisions of this article. An inspection may consist
of, but is not limited to, sorting through containers and opening
of solid waste bags to detect, by sound or sight, the presence of
any recyclable material.
A.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $500, nor more than the maximum allowed under the laws of the State of New Jersey, except for § 357-16 which shall, upon conviction thereof, be punishable by a fine not less than $100, nor more than $1,000. Each day for which a violation of this article occurs shall be considered a separate offence.
B.
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Monies in the Municipal Recycling Trust Fund
shall be used for the expenses of the municipal recycling program,
including, but not limited to, educational materials, bins, containers,
training videos, etc.
In the event that it is determined, by a court of competent
jurisdiction, that any provision or section of this article is unconstitutional,
all other sections and provisions shall remain in effect. This article
shall take effect immediately, unless otherwise provided by resolution
of the governing body.
