[Adopted by Ord. No. 3-08 (Ch. 23, Art. I, of the 1978 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Any nonresidential building or establishment, including,
but not limited to, those used for industrial purposes, retail, wholesale,
dining, offices, professional services, shipping and receiving areas
and cafeterias.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
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 CANSCans made from aluminum that were manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
GLASS BOTTLES AND JARSBottles 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 wide mouthed container that can be capped. Caps and lids not included. Specifically omitted from this definition are, drinking glasses., windows, mirrors, light bulbs, and anything made of Pyrex® or ceramic.
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). See symbols below. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. Caps and lids not included. Any item made of plastic that is not a bottle, and any plastic bottle without one of the symbols shown below is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc., should not be recycled.
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STEEL (TIN) CANSAn air-tight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
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, dependent upon the market conditions at the time.
CORRUGATED CARDBOARDShipping containers made with kraft paper linerboard and corrugated medium.
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, soft cover books.
LEAVESVegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
GRASS CLIPPINGSVegetative material generated when grass (lawns) are cut.
BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
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.
USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
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.
HAZARDOUS DRY CELL BATTERIESRechargeable batteries, such as nickel-cadmium, nickel iron, 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 Recovery Act (RCRA), regardless of the RCRA exclusion of household waste from the definition of hazardous waste pursuant to 40 C.F.R. 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.
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.
WHOLE TIRESTires that are whole, not chipped into small pieces. (Tires are allowed to be recycled and/or incinerated for energy recovery.)
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.
An established organization or foundation dedicated to public
service or culture, including, but not limited to, religious, educational,
health-care and governmental establishments.
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 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 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.
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.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of the Township of Denville, which is not bulky waste or construction
and demolition debris.
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.
Any person who owns, leases and/or occupies dwellings within
the municipality, including those in multifamily dwellings and/or
single-family developments.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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 municipality of the Township of Denville 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. This shall be done in the manner set forth in § 486-13.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, the Township Council
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.
A.
Residential establishments.
(1)
Residents shall separate all designated recyclable materials from all other solid waste and shall segregate same for deposit at the recycling depot. These materials shall be deposited at the recycling depot located at 140 Morris Avenue during the hours established pursuant to § 486-20 or placed at curbside if a property owner has been notified by the Township curbside collection is available. Materials deposited at the recycling depot shall be disposed in the manner directed by signs or attendants at the site. Material shall be prepared in the following manner.
(a)
Newspaper: may not be yellowed, dirty, or wet. For curbside
pickup must be cross-tied with string or twine into bundles not to
exceed 50 pounds. For deposit at the recycling depot may be loose
or tied into bundles.
(b)
Corrugated cardboard: flatten and reduce to lengths of not more
than three feet and tie.
(c)
Glass bottles and jars: rinse and remove cap and rings; color
separate into green, brown and clear. [NOTE: Glass, aluminum cans
and plastic bottles may be commingled for curbside collection (in
rigid containers) or for deposit in the appropriate receptacle at
the recycling depot.]
(d)
Aluminum cans: rinse. [NOTE: Glass, aluminum cans and plastic
bottles may be commingled for curbside collection (in rigid containers)
or for deposit in the appropriate receptacle at the recycling depot.]
(e)
Plastic bottles: rinse. [NOTE: Glass, aluminum cans and plastic
bottles may be commingled for curbside collection (in rigid containers)
or for deposit in the appropriate receptacle at the recycling depot.]
(f)
High-grade aluminum: rinse. [NOTE: Glass, aluminum cans and
plastic bottles may be commingled for curbside collection (in rigid
containers) or for deposit in the appropriate receptacle at the recycling
depot.]
(g)
Mixed paper: separate from other paper products; bundle separately
from newspapers and brown bags.
(h)
Used motor oil: placed in tank provided at recycling depot.
(i)
Lead-acid batteries: no special preparation.
(j)
Hazardous dry cell batteries: no special preparation.
(k)
Grass clippings: in accordance with Article V of this chapter.
[Amended 12-1-2020 by Ord. No. 18-20]
(l)
Brush: tied in bundles not more than four feet in length; no greater than six inches in diameter for curbside pickup during times as may be designated pursuant to § 486-20, or deposit at recycling depot.
(n)
Anti-freeze: placed in tightly closed original container.
(2)
White goods, ferrous, and nonferrous metal may either be brought
to the recycling depot or picked up by appointment with the Department
of Public Works.
(3)
Oil-contaminated soil, stumps and asphalt and asphalt roofing shingles shall not be disposed of at the recycling depot but rather shall be disposed of by the owner in accordance with procedures approved by the New Jersey Department of Environmental Protection. All persons are prohibited from placing oil-contaminated soil, stumps and asphalt roofing shingles at the curb for collection or in solid waste collections. Said prohibition, however, shall not impose an obligation upon the Township of Denville to provide for the collection and disposal of oil-contaminated soil, stumps and asphalt and asphalt roofing shingles. The collection and disposal of oil-contaminated soil, stumps and asphalt and asphalt roofing shingles is the responsibility of the resident and/or property owner. Documentation of tonnage recycled pursuant to this section shall be submitted in accordance with § 486-14.
(4)
All of the aforementioned provisions may, from time to time, be modified
by the Municipal Recycling Coordinator to the extent that procedures
are developed for residents to have their recyclables recycled.
(5)
The owner of any residential property shall be responsible for compliance
with this article. For multifamily units, the management or owner
is responsible for setting up and maintaining the recycling system,
including collection of designated recyclable materials, in accordance
with guidelines or regulations established by the appropriate municipal
office. Violations, and penalty notices will be directed to the owner
or management, in those instances where the violator is not easily
identifiable. The management shall issue notification and collection
rules to new tenants when they arrive and every six months during
their occupancy.
B.
All nonresidential generators, including commercial establishments and institutions shall separate designated materials for recycling. All designated recyclable materials may be deposited at the recycling depot if prepared according to the above specifications. Materials deposited at the recycling depot shall be disposed in the manner directed by signs or attendants at the site. The commercial establishments and institutions shall be responsible for establishing recycling programs for the collection, transportation and marketing of all other designated materials not deposited at the depot. Documentation of tonnage of materials recycled pursuant to such a program shall be submitted in accordance with § 486-14.
C.
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.
Each commercial establishment and institution in the Township must
provide the Municipal Recycling Coordinator with a copy of its recycling
plan by January 15 of each year. For purposes of this article, a contractual
commitment shall be sufficient.
B.
All commercial establishments and institutions which do not deposit designated materials at the recycling depot and all property owners recycling materials pursuant to § 486-13A must annually submit documentation of tonnage of materials recycled to the Municipal Recycling Coordinator by January 15 of the following year.
C.
The Municipal Recycling Coordinator will compile all recycling documentation
and report annually to the New Jersey Department of Environmental
Protection (N.J.D.E.P) and to the County Recycling Coordinator in
accordance with N.J.D.E.P. regulations.
From the time of placement at the recycling center or curbside,
if permitted, all designated recyclable materials shall be and will
become the property of the Township of Denville or its authorized
agents. It shall be a violation of this article for any person unauthorized
by the Township of Denville to collect or pick up or cause to be collected
or picked up any such recyclables. Each such collection in violation
hereof from one or more properties shall constitute a separate and
distinct offense punishable as hereinafter provided.
A.
It shall be a violation of this article for any person or solid waste
collector to deposit recyclable materials outside of the designated
containers or areas at the recycling depot or to otherwise fail to
follow the signs and directions posted at the recycling depot.
B.
It shall be a violation of this article for any person or solid waste
collector to deposit any material at the depot center which is not
a designated material accepted at the depot center.
C.
It shall be unlawful to combine designated, unsoiled recyclables
with other solid waste. Allowing such unseparated solid waste and
recyclables to accumulate will be considered a violation of this article.
Any person who is an owner, lessee or occupant may donate or sell recyclable materials to any person, partnership or corporation, whether operating for profit or not for profit, provided that the recycling individual or company submits documentation to the Municipal Recycling Coordinator as described in § 486-14.
A.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c, any application
to the Denville Township Planning Board 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, 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 Township,
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.
As set forth in N.J.S.A. 13:1E-99.13.3b(4)(c), the Township
of Denville 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 Municipal Recycling Coordinator, the Health Division, and
the Department of Public Works and any agent duly designated by the
Municipal Council are authorized and directed hereby to enforce this
article. The Recycling Coordinator, the Health Division, and the Department
of Public Works shall recommend and the Municipal Council shall promulgate
and/or amend, from time to time, reasonable regulations as to the
manner, days and times for the collection and/or deposit of designated
recyclable materials in accordance with the terms hereof.
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 $25, nor more than $1,000.
