This chapter shall be known as the "Borough of Penns Grove Waste
Separation, Recycling and Waste Disposal Ordinance."
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
ASBESTOS-CONTAINING WASTE
All materials manufactured from asbestos, including but not
limited to asbestos insulation, asbestos shingles, asbestos millboard,
asbestos gloves or any solid waste which contains friable asbestos
material.
BUILDING RUBBLE
Used masonry building materials, including block, cement,
concrete, brick and stone.
BULK WASTE
Large items of solid waste which, because of their size or
weight, require handling other than normally used for municipal wastes.
"Bulk waste" includes but is not limited to such items as tree trunks,
mattresses, demolition and construction materials, appliances and
furniture.
COLLECTION
The act of picking up solid waste at its point of generation
or storage and placing it in a vehicle.
COLLECTION HAULER
A person, firm or corporation engaged in the collection of
solid waste and/or transportation of such waste between solid waste
facilities.
COMMERCIAL SECTOR
Wholesale or retail businesses, professional and nonprofessional
services and service establishments, such as restaurants, cafeterias,
stores, markets, banks, theaters, hotels, motels, taverns and warehouses.
The term shall also include administrative and nonindustrial functions
at industrial sites. The term "commercial sector" shall be liberally
construed in order to include all generators who are not defined as
residential or institutional.
COMMINGLED
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
COMPOST
Thoroughly decomposed humidified organic matter produced
through composting and suitable for application to soil.
COMPOSTING
The process of accelerated organic matter decomposition based
on microbial self-heating; a process typically used for leaves at
state-permitted vegetative waste or leaf composting facilities.
CONSTRUCTION/DEMOLITION DEBRIS
Wood, wood scraps, asphalt shingles, plaster, drywall, wire,
pipe, nonasbestos insulation and similar waste resulting from the
construction or demolition of buildings. "Construction/demolition
debris" shall not include building rubble, as such term is defined
herein.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Salem County Solid
Waste Management Plan to be source separated for the purpose of recycling
by residential, commercial, institutional and industrial sectors.
These materials cannot be deposited in the landfill and include:
A.
Residential.
(1)
Glass containers (05): All glass containers used for packaging
food or beverages.
(2)
Aluminum cans (06): Food and beverage containers made entirely
of aluminum.
(3)
Newspaper (03): All paper marketed as newsprint or newspaper
and containing at least 70% newsprint or newspaper (American Paper
Institute Grade Nos. 6, 7 and 8 news).
(4)
Mixed office (02): All computer paper and all high-grade white
paper (including letterhead, typing paper, copier paper, onionskin,
tissue, and notepad).
(5)
Corrugated (01): Containers and similar paper items, usually
used to transport supplies, equipment, parts, or other merchandise.
(6)
Other paper/magazines/junk mail (04): All magazine stock, white
and colored paper and envelopes.
(7)
Plastic (08): Containers such as polyethylene terephthalate
(PETE No. 1) soda bottles and high-density polyethylene (HDPE No.
2) milk, water or detergent bottles.
(8)
Yard trimmings (19): Leaves (19), grass clippings (18), stumps
(20), brush (17), and other lawn and garden trimmings from homes,
institutions, and commercial or industrial sources.
(9)
Steel cans (07): Rigid containers made exclusively or primarily
of steel, tin-plated steel, and composite steel and aluminum cans
used to store food, beverages, paint, and a variety of other household
and consumer products.
(10)
Tires (15): Rubber-based scrap automotive, truck, and specialty
tires (e.g., forklift tires).
(11)
White goods and light iron (11): All large appliances such as
washers, dryers, refrigerators, etc., as well as products made from
sheet iron, such as shelving, file cabinets, metal desks, recycled
or reconditioned steel drums, stainless steel and other nonstructural
ferrous scrap.
(12)
Food scraps (23): Food plate waste and food processing wastes.
Food processing wastes include food processing vegetative waste (material
generated in trimming and reject sorting operations from the processing
of fruits and vegetables in canneries or similar industries, e.g.,
tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food
processing residuals and animal processing wastes. If the material
is transported and processed as animal feed, it may be identified
as such.
(13)
Textiles (29): Cloth material such as cotton, linen, wool, nylon,
polyester, etc., derived from clothing, cloth diapers, linens, etc.
B.
Commercial.
(1)
Glass containers (05): All glass containers used for packaging
food or beverages.
(2)
Aluminum cans (06): Food and beverage containers made entirely
of aluminum.
(3)
Newspaper (03): All paper marketed as newsprint or newspaper
and containing at least 70% newsprint or newspaper (American Paper
Institute Grade Nos. 6, 7 and 8 news).
(4)
Mixed office (02): All computer paper and all high-grade white
paper (including letter head, typing paper, copier paper, onionskin,
tissue, and notepad).
(5)
Corrugated (01): Containers and similar paper items, usually
used to transport supplies, equipment, parts, or other merchandise.
(6)
Other paper/magazines/junk mail (04): All magazine stock, white
and colored paper and envelopes.
(7)
Plastic (08): Containers such as polyethylene terephthalate
(PETE No. 1) soda bottles and high-density polyethylene (HDPE No.
2) milk, water or detergent bottles.
(8)
Steel cans (07): Rigid containers made exclusively or primarily
of steel, tin-plated steel, and composite steel and aluminum cans
used to store food, beverages, paint, and a variety of other household
and consumer products.
(9)
Tires (15): Rubber-based scrap automotive, truck, and specialty
tires (e.g., forklift tires).
(10)
White goods and light iron (11): All large appliances such as
washers, dryers, refrigerators, etc., as well as products made from
sheet iron, such as shelving, file cabinets, metal desks, recycled
or reconditioned steel drums, stainless steel and other nonstructural
ferrous scrap.
(11)
Food scraps (23): Food plate waste and food processing wastes.
Food processing wastes include food processing vegetative waste (material
generated in trimming and reject sorting operations from the processing
of fruits and vegetables in canneries or similar industries, e.g.,
tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food
processing residuals and animal processing wastes. If the material
is transported and processed as animal feed, it may be identified
as such.
(12)
Textiles (29): Cloth material such as cotton, linen, wool, nylon,
polyester, etc., derived from clothing, cloth diapers, linens, etc.
FERROUS WASTE
All waste products constructed or manufactured of or containing
iron.
FRIABLE ASBESTOS MATERIAL
Any material that contains more than 1% asbestos by weight,
which material can be crumbled, pulverized or reduced to powder, when
dry, by hand pressure.
GARBAGE
Putrescible animal, fish, fowl, fruit or vegetable waste
incident to and resulting from the use, preparation, cooking and consumption
of food.
HAZARDOUS WASTE
Any solid waste or combination of solid wastes, including
toxic, corrosive, irritating, sensitizing, radioactive, biologically
infectious, explosive or flammable solid waste, which poses a present
or potential threat to human health, living organisms or the environment,
provided that the solid waste is defined as hazardous pursuant to
N.J.A.C. 7:26G.
[Amended 7-5-2017 by Ord.
No. 2017-5]
HDPE
Plastic products manufactured from high-density polyethylene,
including but not limited to containers for milk, juice, water, many
laundry detergents and fabric softeners, which containers display
the plastic container code number two, shown clearly within the recycling
symbol triangle.
INFECTIOUS WASTE
Pathological or medical solid waste that is defined as infectious
by the Department.
INSTITUTIONAL SECTOR
Schools, hospitals, churches, nursing homes, care centers,
libraries, governmental operations, research institutions and public
buildings.
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
chapter, and any rules and regulations that may be promulgated hereunder.
This appointee shall also be responsible to assure that all materials
recycled in the municipality are properly reported and recorded.
MUNICIPAL RECYCLING DEPOT
A facility at which commercial, residential and institutional
generators may deposit designated recyclable materials in a market-ready
state and which recyclable materials do not require further separation
or processing prior to marketing.
MUNICIPAL RECYCLING ENFORCEMENT OFFICER
Person or persons appointed by the Borough of Penns Grove
who shall be authorized to enforce this chapter as directed by the
Municipal Recycling Coordinator.
[Amended 7-5-2017 by Ord.
No. 2017-5]
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Borough
of Penns Grove.
[Amended 7-5-2017 by Ord.
No. 2017-5]
NONRECYCLABLE PAPER
Paper products currently unsuitable for recycling, including
the following: carbon paper, post-it notes, tissue products, paper
plates/cups, paper towels, foil-lined paper, synthetic paper, paper
beverage containers, chemically treated NCR, glue-bound books or laminated
pads, plastic-coated paper (identified by slippery and somewhat shiny
texture and nonrip quality), gummed labels and stickers, window envelopes,
waxed papers, gum wrappers, thermal copy paper, mimeo stencils, photographs
and film and blueprints.
OTHER RECYCLABLES
A.
Vegetative waste (other than leaves), such as brush, tree branches,
bushes and tree stumps.
B.
Building rubble (separated from construction/demolition debris).
PETE
Plastic products manufactured from polyethylene terephthalate,
including but not limited to containers for soft drinks, which products
will generally display the plastic container code number one, shown
clearly within the recycling symbol triangle.
PLASTIC CONTAINER CODES SYSTEM
An identification system used by manufacturers to identify
seven different types of plastic materials through a code number (a
single digit one through seven) displayed within a recycling symbol
triangle on the bottom of each container. The respective plastic container
codes are as follows:
|
Code
|
Material
|
---|
|
1
|
PETE
|
Polyethylene terephthalate
|
|
2
|
HDPE
|
High-density polyethylene
|
|
3
|
V
|
Vinyl/polyvinyl chloride
|
|
4
|
LDPE
|
Low-density polyethylene
|
|
5
|
PP
|
Polypropylene
|
|
6
|
PS
|
Polystyrene
|
|
7
|
Other
|
All other resins and layered multimaterial
|
POTW (PUBLICLY OWNED TREATMENT WORKS)
Any device or system used in the treatment, including recycling
and reclamation, of municipal sewage or industrial wastes of a liquid
nature which is owned by the state, a municipality or a public authority.
This definition includes sewers, pipes or other conveyances only if
they convey wastewater to a POTW providing treatment.
PUTRESCIBLE WASTE
Any waste likely to enter into a state of putrefaction, the
typically anaerobic splitting of a protein by bacteria and fungi with
the formation of foul smelling, incompletely oxidized products.
RCRA
Resource Conservation and Recovery Act (hazardous waste regulations).
RECYCLABLE MATERIAL
Those materials that 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.
RECYCLING CENTER
A facility, approved by the Department, designed and operated
solely for receiving, storing, processing and transferring source-separated
nonputrescible or source-separated commingled nonputrescible metal,
glass, paper, plastic containers, corrugated and other cardboard or
other recyclable materials.
RESIDENTIAL SECTOR
Households and private residences, including mobile homes,
multifamily structures and apartment complexes.
SCAVENGING
The unauthorized removal of solid waste material, including
designated recyclables.
SCUA
The Salem County Utilities Authority.
SOLID WASTE
All trash, garbage and other waste products. "Solid waste"
does not include any item designated as a recyclable material.
SOLID WASTE FACILITY
Any system, site, equipment or building which is utilized
for the storage, collection, processing, transfer, transportation,
separation, recycling, recovering or disposal of solid waste, but
not including a recycling center.
SOLID WASTE MANAGEMENT
The purposeful, systematic control of the generation, storage,
collection, processing, transfer, transportation, separation, recycling,
recovery and disposal of solid wastes.
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.
SWAC
The Salem County Solid Waste Advisory Committee.
TRASH
Nonputrescible residential, commercial or institutional solid
wastes from which all designated recyclables and other recyclables
have been source-separated.
WASTE OIL
A petroleum-based or synthetic oil which, through use, storage
or handling, has become unsuitable for its original purpose due to
the presence of impurities or loss of original properties, such as
crankcase oil.
[Amended 7-5-2017 by Ord.
No. 2017-5]
The Borough determines that the materials designated within the Salem County Solid Waste Management Plan as defined in §
382-3 shall be source separated as the designated recyclable materials within the Borough. The Borough may, from time to time, designate additional items as recyclable materials. Such determination shall be made by resolution.
For the purposes of this chapter, charitable organizations shall be considered as institutional uses and shall be subject to §
382-7 of this chapter.
The Borough is hereby authorized to promulgate, from time to
time, additional rules and regulations relating to source separation,
preparation, placement and collection of recyclable materials pursuant
to the provisions of this program and chapter; provided, however,
that such rules and regulations shall not be inconsistent with terms
and provisions of this chapter and shall be approved by the governing
body. Such rules and regulations shall be duly promulgated subsequent
to publication so that the public has had notice hereof.
If any recyclable product is placed at curbside in a manner
wherein said product is not easily visible to the collector, the container
shall be marked in a clear and visible fashion by the occupant or
owner of the property so as to indicate the contents of said receptacle.
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.
[Amended 7-5-2017 by Ord.
No. 2017-5]
The collection, removal and disposal of solid waste and recyclable
material from residential properties in the Borough shall be supervised
by the Superintendent of the Borough Public Works Department or the
superintendent of the public works department of any municipality
which the Borough of Penns Grove has a shared services agreement with
for public works in accordance with this chapter. The following shall
not be accepted for collection:
A. Any and all waste material generated outside of the Borough.
B. Any waste material not accepted by the Salem County Solid Waste Facility.
Prohibited wastes include but are not limited to the following:
(1) Any and all waste material generated outside of Salem County.
(2) Discarded automobiles, trucks, trailers and large vehicle parts.
(3) N.J.A.C. Type No. 12, sewage sludge.
(4) N.J.A.C. Type No. 17, dry hazardous waste.
(5) N.J.A.C. Type No. 26, hazardous waste oil spill cleanup waste.
(6) N.J.A.C. Type No. 28, infectious waste.
(7) N.J.A.C. Type No. 70, waste oil and sludge.
(8) N.J.A.C. Type No. 72, bulk liquids and semiliquids.
(9) N.J.A.C. Type No. 73, septic tank cleanout wastes.
(10)
N.J.A.C. Type No. 74, liquid sewage sludge.
(11)
N.J.A.C. Type No. 76, liquid hazardous waste.
(12)
N.J.A.C. Type No. 77, liquid chemical waste.
(13)
Empty pesticide containers not triple-rinsed or determined not
to be empty and nonhazardous.
C. Any waste material not accepted by the Salem County Solid Waste Facility
without special arrangements, special packaging, special handling
or special fees. Such wastes include but are not limited to the following:
(1) N.J.A.C. Type No. 27, dry nonhazardous industrial waste (asbestos
shingles).
(2) N.J.A.C. Type No. 27A, industrial waste, asbestos (insulation, sheetrock
or loose).
(3) Animal and food processing waste.
D. Spent lead-acid batteries and household batteries.
E. Household hazardous wastes (residentially generated hazardous wastes,
usually in the form of discarded commercial chemical products).
F. Waste oils identified by the following generic New Jersey hazardous
waste numbers: X721, X722, X723, X724, X725, X726 and X727, regardless
of whether such oils were generated from residential, commercial or
institutional entities.
G. Brush and trees or parts of trees in excess of the limitations stated in §
382-5C(3).
H. Waste resulting from the demolition or renovation of buildings. For
all activities that require municipal approval such as construction,
demolition or public event permits, a designated recyclable materials
plan shall be filed along with all other required permit conditions.
The plan shall include provisions for the recovery of all designated
recyclable materials generated during construction, renovation and
demolition activities, as well as public events. The Municipal Recycling
Coordinator shall review the information submitted pursuant to this
subsection and determine, prior to the issuance of municipal approval
or permit, whether the plan submitted by the owner of the entity carrying
out the covered activity will comply or fail to comply with the recycling
requirements set forth herein. The determination regarding compliance
will be provided to the Superintendent of the Borough Public Works
Department or the superintendent of the public works department of
any municipality which the Borough of Penns Grove has a shared services
agreement with for public works and the owner of the entity carrying
out the covered project in writing. When such plan is deemed not compliant,
the Municipal Recycling Coordinator shall include specific conditions
to be implemented by the permit holder to achieve compliance. It shall
be a violation of this chapter for any permit holder to fail to comply
with the recycling requirements set forth herein.
In addition to any of the remedies provided herein for violation
of this chapter, the Borough shall have the right to refuse to collect
any solid waste or recyclable materials in the event that the property
owner or occupant has not complied with the provisions of this chapter.
The Municipal Recycling Coordinator shall be responsible for
coordinating and overseeing recycling efforts within the Borough and
the filing of all reports and notices as required by law. Such reports
include but are not limited to:
A. Weight for designated recyclable materials, to be provided to the
County Recycling Coordinator within 20 days after the last day of
June and within 20 days of the last day of December.
B. Composting data related to the disposal of leaves, to be provided
to the Salem County Deputy Director for Recycling by August 1 of each
year.
C. A report, to be filed with the Salem County Utilities Authority,
certifying compliance with the Recycling Ordinance, said report to
be filed not later than December 1 of each year.
There is hereby created a fee for the collection, transportation
and disposal of bulk waste in the Borough. The fee for bulk waste
shall be as hereinafter set forth:
Item
|
Fee
|
---|
Large truck or tractor tire
|
$20
|
Piano/organ
|
$20
|
Truck caps/bedliners
|
$20
|
Refrigerator
|
$10
|
Freezer
|
$10
|
Air conditioner
|
$10
|
Dehumidifier
|
$10
|
Other appliance using Freon
|
$10
|
Sofa bed
|
$10
|
Small truck tire
|
$10
|
Mattress, queen and king
|
$10
|
Tub
|
$10
|
TV 32 inches and above
|
$10
|
Riding mower
|
$10
|
Sofa bed with recliner/sectional
|
$10
|
Boiler
|
$10
|
Washer
|
$5
|
Dryer
|
$5
|
Stove
|
$5
|
Hot-water heater
|
$5
|
Dishwasher
|
$5
|
Gas grill
|
$5
|
Sofa
|
$5
|
Stuffed chair
|
$5
|
Recliner
|
$5
|
TV up to 30 inches
|
$5
|
Bureau
|
$5
|
Dresser
|
$5
|
Desk
|
$5
|
Table
|
$5
|
Mattress, twin and full
|
$5
|
Box spring all sizes
|
$5
|
Head boards (wood or metal)
|
$5
|
Dining tables
|
$5
|
Chairs, lounges (outdoor furniture)
|
$5
|
Microwaves
|
$5
|
Computers (monitors and towers)
|
$5
|
Bathroom vanity
|
$5
|
Toilet
|
$5
|
Push mower
|
$5
|
Entertainment center
|
$5
|
Chair
|
$2
|
Car tire without rim
|
$2
|
Coffee/end table
|
$2
|
Helium tank (party balloons)
|
$2
|
Vehicle batteries
|
$2
|
The Carneys Point Township Clerk shall develop an application
form which shall be utilized in connection with the collection of
bulk waste. The application form shall include the name, address and
telephone number of the applicant, the item of bulk waste to be collected
and the fee paid for said collection. Application forms shall be available
at the office of the Carneys Point Township Clerk and the Chief Municipal
Finance Officer. Each person, firm or corporation desiring the collection
of bulk waste shall complete an application form and file the same
with the Carneys Point Township Clerk or the Chief Municipal Finance
Officer.
Any person, firm or corporation who or which shall violate the
provisions of this chapter shall be subject to a fine not less than
$50 and not more than $1,000 or imprisonment in the Salem County Correctional
Facility for a term not to exceed 90 days, or both such fine and imprisonment,
in the discretion of the Municipal Judge. The continuation of any
violation for each successive day shall constitute a separate offense,
and the person, persons, or entity allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense. Any violation may be afforded warnings at the discretion
of the enforcement designees before the issuance of any fines.
[Amended 7-5-2017 by Ord.
No. 2017-5]
The municipal recycling enforcement officers are hereby individually
empowered to enforce the provisions of this chapter. The enforcers
of this chapter may conduct an inspection at the site of the generator,
which consists of sorting through containers and opening of solid
waste bags to detect, by sound or sight, the presence of any designated
recyclable materials. However, any official or employee of Carneys
Point Township or the Borough of Penns Grove shall be authorized to
sign a complaint in the Municipal Court of the Borough of Penns Grove
for violation of any of the terms of this chapter. Additionally, the
Salem County Health Department (SCHD) shall be empowered to enforce
the provisions of this chapter. The municipality shall retain primary
enforcement responsibility with the SCHD also serving in an enforcement
role, which includes inspection of commercial establishments and multifamily
residential dwellings.