Township of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents
[Ord. No. 95-2; Ord. No. 08-7 § 1]
The conservation of recyclable materials has become an important public concern by reason of the growing problem of solid waste disposal and its impact on our environment and there is an increasing necessity to conserve our natural resources. Morris County has accepted the State policy directive of achieving at least a 50% recycling rate of Municipal Solid Waste (MSW) by 2015. Therefore, Rockaway Township accepts the State policy directive of achieving a 50% recycling rate of Municipal Solid Waste by 2015.
[Ord. No. 95-2 § 1; Ord. No. 05-38 § 1; Ord. No. 08-7 §§ 2 — 3]
As used in this section:
ASPHALT ROOFING SHINGLES
Asphalt based roofing materials.
AUTHORIZED AGENT
The Health Officer, Health Officer's designee or Recycling Coordinator of the Township of Rockaway.
BIO-DEGRADABLE
Decomposed by normal biological activity.
COMMERCIAL
Any nonresidential building or establishment, including, but not limited to, those used for retail, wholesale, dining, offices, professional services, shipping and receiving areas and cafeterias.
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
CONDOMINIUM/TOWNHOUSE
The form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
CONSTRUCTION AND DEMOLITION MATERIALS
The recyclable components of the construction/demolition debris waste stream including but not limited to concrete, brick, block, asphalt, asphalt based roofing, tree stumps/trunks, and other waste materials resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings, pavements and other structures. This is not mandatory until the county bulky facility is available or until such time the Township has a separate ordinance for recycling C and D materials.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
CORRUGATED CARDBOARD
Shall be deemed to identify containers and similar paper items usually used to transport supplies, equipment parts of other merchandise.
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:
A. 
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.
B. 
Shipping containers made with a kraft paper linerboard and corrugated medium.
C. 
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 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.
D. 
Various 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.
E. 
A 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.
F. 
Nonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, #4 and #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.
G. 
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 to the left. 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 bottles without any of the symbols shown to the left is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc. should not be recycled.
H. 
An air-tight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
I. 
Vegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
J. 
Vegetative material generated when grass (lawns) are cut.
K. 
Branches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
L. 
Logs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
M. 
Motor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
N. 
Storage 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 sulphuric 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.
O. 
Rechargeable 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 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.
P. 
Tires that are whole, not chipped into small pieces. Tires are allowed to be recycled and/or incinerated for energy recovery.
Q. 
Appliances 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.
FERROUS CONTAINERS
As used herein shall be deemed to identify steel and bimetal cans which are magnetic and generally used for food or beverage.
FOOD WASTE
Shall pertain to food scraps which include food plate waste and food processing waste. This is not mandatory until the compost facility is open and initially only includes specific commercial and institutional generators.
MOBILE HOME PARK
Any park, including, without limitation, a trailer park or camp, equipped to accommodate mobile homes on a year-round basis.
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 rent 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 (C.55:13A-1 et seq.).
MULTI-GENERATOR BUILDING
Includes, but is not limited to, apartment buildings, hotels, and office complexes.
MUNICIPAL RECYCLING COORDINATOR
The person or persons who shall 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 therefore.
MUNICIPAL RECYCLING ENFORCEMENT COORDINATOR
The person or persons 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.
PERSON
Any individual, corporation, company, partnership, firm, associations, or political subdivision of this State subject to municipal jurisdiction.
PUBLIC INSTITUTIONS
An established organization or foundation dedicated to public service or culture including, but not limited to religious, educational, health care, and governmental establishments.
RESIDENT
Any person who owns, leases and/or occupies dwellings within the municipality, including those in multifamily dwellings, single family homes, and/or condominium/townhouses.
RESIDENTIAL
A dwelling used solely for domestic habitation.
RESIDENTIAL SINGLE FAMILY
A single dwelling used solely for domestic purposes.
SOLID WASTE
Includes all garbage and rubbish normally placed at the curb for regular collection.
SOURCE SEPARATION
The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purpose of recycling.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way, which is an existing State, County or municipal roadway, and includes the land within the right-of-way, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other area within the right-of-way.
[Ord. No. 95-2 § 2; Ord. No. 08-7 § 4]
A. 
On or after the date fixed and promulgated by regulations issued by the Health Officer of the Township of Rockaway in accordance with the terms hereof, it shall be mandatory for all persons who are owners, lessors, or occupants of residences, commercial/business institutions, public institutions and multi-generator buildings within the Township, to separate and recycle designated recyclable materials, asphalt roofing shingles, food waste (when compost facility available) and construction and demolition material (when bulky facility is available) from all other waste produced by such residences, commercial/business establishments, public institutions and multi-generator buildings according to all appropriate regulations. It is specifically prohibited for any such person to dispose of any designated recyclable materials, asphalt roofing shingles, food waste and construction and demolition material in the same container, receptacle or bundle with any other solid waste or other type of recyclable material(s). Designated recyclable materials shall be deposited separate apart from other solid waste generated by the owners, lessors, and occupants of such premises.
B. 
All food service establishments, as defined in the Health Code of the Township of Rockaway, shall, in addition to compliance with all other recycling requirements of this chapter, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records for inspection by any authorized agent.
C. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16.6(d), the governing body of the Township of Rockaway may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of this chapter. To be eligible for an exemption from this chapter, 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 forms shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and block and lot designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address and 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.
[Ord. No. 95-2 § 3; Ord. No. 05-38 § 2; Ord. No. 08-7 § 5]
A. 
Newspapers and magazines. Newspapers shall be compacted and shall be tied securely in bundles not exceeding 50 pounds in weight and no more than 12 inches high with a rope or cord sufficient in strength to facilitate handling, or bound in such a manner as may be permitted by the aforementioned regulations issued by the Health Officer until the rules and regulations promulgated in accordance with the Township curbside recycling procedures or at other Township designated recycling areas.
B. 
Glass bottles and jars. Glass bottles and jars with the three colors, amber, green and clear shall be rinsed clean, lids removed and stored in separate reusable containers, and deposited in accordance with Township curbside recycling procedures or at other Township designated recycling areas.
C. 
Aluminum cans. Aluminum cans shall be rinsed and stored in a separate reusable container and deposited in accordance with Township Curbside Recycling procedures or at other Township designated recycling areas.
D. 
Yard waste. The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this paragraph.
E. 
Metal appliances. Doors and lids must be removed from refrigerators, freezers, washers, dryers, et cetera and CFC's must be recovered where applicable and deposited at State permitted facilities or by any other deposition option approved by the designated Township agent.
[Ord. No. 95-2 § 4]
It shall be the responsibility of the landlord of a multifamily dwelling or the condominium/townhouse association to comply with recycling mandate statutes Subsection 19-1.3. The recycling plan shall be submitted annually to the Township Recycling Coordinator to review for certification of compliance with appropriate rules and regulations. Additionally, the Township will assist the multifamily dwelling owner and condominium/townhouse association in the development of collection methods. It shall be the responsibility of the generator as well as the landlord, or the association or building management to comply with County and municipality mandated material source separation requirements.
[Ord. No. 95-2 § 5]
It shall be the responsibility of the commercial owner or institution to comply with recycling mandates stipulated in Subsection 19-1.3. The recycling plan shall be submitted annually to the Township Recycling Coordinator, not later than January 15, to review for certification of compliance with appropriate rules and regulations. Additionally, the Township will assist the commercial establishment and public institutions in the development of collection methods.
[Ord. No. 95-2 § 6; Ord. No. 08-7 § 6]
Designated recyclable materials shall be placed separately at curbside in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Township. From the time of placement at curbside, designated recyclable materials shall be collected by an agency authorized by Rockaway Township. It shall be a violation of this section for any person, unauthorized by the Township of Rockaway, to collect or pickup or cause to be collected or picked up any such recyclables. Any and each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. No. 95-2 § 7]
A. 
All commercial multifamily dwellings, condominiums/townhouses, multi-generator buildings or public institutions which are not serviced by municipal recycling collection systems will be required to submit a yearly recycling report by the Township Recycling Coordinator by January 30.
B. 
The Township Recycling Coordinator will compile all recycling documentation and submit an annual Recycling Tonnage Report to DEP and the County Recycling Coordinator. Those not complying will be subject to aforementioned penalties defined herein.
[Ord. No. 95-2 § 8]
This ordinance is in no way intended to prohibit the collection of recyclable materials through recycling drives by outside charitable organizations on days other than those designated for collection by the Township of Rockaway.
[Ord. No. 95-2 § 9]
The Township Health Officer is authorized and directed to establish and promulgate additional regulations as to proper recycling procedures and as to the method, manner, days, and times for collection or deposition of recyclable materials in accordance with the terms hereof.
[Ord. No. 95-2 § 10; Ord. No. 08-7 § 7]
A. 
Random inspections of garbage set out for disposal must be conducted by the authorized agent to determine whether mandated recyclable materials are contained therein. These inspections shall include residential single family, condominium/townhouses, multifamily dwellings, mobile home parks, multi-generator buildings, commercial establishments and public institutions. A warning notice shall be issued to each violator and thereafter a summons shall be issued for each violation.
B. 
Any person, corporation, occupant or entity that violates or fails to comply with any provisions of this section 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.
[Ord. No. 05-41 § 1]
Bear-resistant garbage containers may be purchased by residents from the Township of Rockaway Health Department during normal business hours, subject to availability. The containers shall be sold to residents on a first come, first served basis for half the cost of the container.
[Ord. No. 9/1/87 § 36-1; Ord. No. 96-10 § 1]
The purpose of this section is to establish a series of regulations governing the operation and use of the Rockaway Township Compost Facility.
[Ord. No. 96-10 § 1]
For the purpose of this chapter the following terms shall be defined as follows:
COMMERCIAL LANDSCAPER VEHICLES
Vehicles used by commercial landscapers to collect and remove leaves from the residents of the Township of Rockaway.
COMMERCIAL LANDSCAPERS
Private entities or individuals who collect and remove leaves from the residents of the Township of Rockaway for a fee charged to those residents.
SCAVENGER VEHICLES
Vehicles which operate pursuant to a contract entered into with the Township of Rockaway for the collection and transportation of leaves.
[Ord. No. 9/1/87 § 36-2; Ord. No. 11-1-88 § 2; Ord. No. 96-10 § 1]
A. 
The Compost Facility located at Jacobs Road in Rockaway Township (hereinafter "Compost Facility") shall be used only by scavenger vehicles and commercial landscaper vehicles as defined in Subsection 19-2.2 and vehicles operated by the Township of Rockaway. Access to the Compost Facility is prohibited to the public.
B. 
The Compost Facility shall only accept leaves from the Township of Rockaway. If leaves are contained, only paper biodegradable bags shall be accepted at the Compost Facility. Under State law, plastic bags are not acceptable. All other materials and vegetative waste are strictly prohibited. All waste, including biodegradable bags and leaves generated from outside the Township of Rockaway is strictly prohibited. Commercial landscapers shall be permitted to deposit leaves collected from residents of the Township of Rockaway only under the following conditions:
(1) 
When applying for a commercial permit from the Health Department of the Township of Rockaway to collect and remove leaves from the residents of the Township of Rockaway, the commercial landscaper must file a statement simultaneously with his application for the commercial permit to provide the following information:
(a) 
Names, addresses, and phone numbers of the residents of the Township of Rockaway from whom leaves shall be collected and deposited at the Compost Facility;
(b) 
Date the collection of leaves for each resident is scheduled; and
(c) 
Estimated cubic yards of material to be collected from each resident in the Township of Rockaway.
(2) 
The commercial landscaper has a continuing duty to file with the Health Department updated and amended information as required in Subsection 19-2.3B(1) to the extent that changes occur.
(3) 
Leaves only generated by the Township of Rockaway from residential properties shall be accepted from commercial landscapers.
(4) 
Commercial landscapers shall be assessed a permit fee of $500 per year or for any portion of that year. The commercial permit fee shall not be pro rated for any applicant. Upon application, the Commercial Permit shall be issued by the Township from January 1 to December 31 of each calendar year.
(5) 
Commercial landscapers who violate the operating procedures and regulations as set forth in this chapter and/or who falsify applications, upon certification, shall immediately be denied access to the Compost Facility and shall forfeit the permit fee for that calendar year to the Township. The imposition of any fines or penalties under this chapter shall in no way limit any penalties that may be imposed under the ordinances of the Township of Rockaway or under State or Federal Law.
C. 
Commercial landscapers shall be permitted to access the Compost Facility through the Greenpond Road entrance only. The Jacobs Road entrance shall not be utilized by commercial landscapers.
D. 
Access by commercial landscapers in the McVeigh Recycling Drop-Off Site and the Greenpond Road Recycling Drop-Off Site in the Township of Rockaway shall be prohibited.
[Ord. No. 9/1/87 § 36-3; Ord. No. 11-1-88 § 3; Ord. No. 96-10 § 1]
A. 
The Compost Facility shall be operated by the Township during the months of April, May, September, October, November, and December in accordance with the hours as set forth hereinafter.
B. 
The Compost Facility will be open between the hours of 7:00 a.m. and 9:00 a.m. Monday through Friday on weeks designated by the Township Health Officer. The hours of operation may be modified as deemed necessary by the Township's Health Officer.
C. 
The scavenger vehicles and commercial landscaper vehicles permitted to use the Compost Facility in this chapter shall be prohibited from waiting outside the facility prior to opening and shall not be permitted to arrive at the Compost Facility prior to 7:00 a.m.
D. 
The Township Police Department shall close the Compost Facility at such times as it determines that road conditions create hazardous access to the site.
[Ord. No. 9/1/87; Ord. No. 11-1-88 § 4; Ord. No. 96-10 § 1]
A. 
The Township Health Department shall be directly responsible for the total management of the facility.
B. 
The Health Department will provide, as required, a person to act as gateman, to observe and insure the proper disposal of leaves by scavenger vehicles or commercial landscaper vehicles (or traffic safety control devices).
C. 
Temporary warning signs with battery operated flashing lights or other traffic software shall be in place during hours of operation at the discretion of the Township Police Department.
D. 
The Township shall take such steps as are necessary to secure the Compost Facility from illegal access.
E. 
The Township shall operate the Compost Facility in accordance with New Jersey Department of Environmental Protection regulations.
F. 
Waste deposited at the Compost Facility which is prohibit under this chapter shall be reported to the Township Health Officer, who shall promptly implement corrective measures and notify appropriate agencies when required.
G. 
The gate shall be kept free of all waste materials and shall be policed by the Township Health Department and Township Police Department.
H. 
A GC-Mass Spectrometry analysis shall be performed by the Township once yearly on all test wells and groundwater sites as determined by the Township Health Officer.
[Ord. No. 9/1/87 § 36-5; Ord. No. 11-1-88 § 5; Ord. No. 96-10 § 1]
The Township shall be required to notify all residents by direct mail of the operating schedule, and regulations pertaining to Compost Facility prior to the Spring and Fall Compost Collection.
[Ord. No. 9/1/87 § 36-5; Ord. No. 11-1-88 § 6; Ord. No. 96-10 § 1]
All persons other than a Township scavenger vehicle or Township employee disposing of water at the Compost Facility shall be subject to fine not to exceed the sum of $1,000 and each day that a violation occurs shall be deemed to constitute a separate occurrence.
[Ord. No. 89-16 § 1]
The short title of this section shall be "The Tire Recycling Ordinance."
[Ord. No. 89-16 § 2]
The purpose of this section is to establish a series of rules and regulations governing the operation and use of the tire drop-off site.
[Ord. No. 89-16 § 3; Ord. No. 10-23]
A. 
The tire drop-off site, located at the Municipal Garage, shall only accept used passenger car tires from Township residents. Truck tires and tires with rims will not be accepted at the site.
B. 
Residents shall be permitted the right to drop-off passenger tires, approved by the Health Officer, at the Municipal Garage under the following conditions:
(1) 
Passenger tires generated by Township residents only shall be accepted. The Township facility will not accept passenger tires from commercial business.
[Ord. No. 89-16 § 4]
The tire recycling site shall be open between the hours of 9:00 a.m. and 1:00 p.m. on Saturdays, to coincide with the current Saturday hours of operation of the recycling drop-off site. The days and hours of operation may be altered at the discretion of the Health Officer, with Council approval.
[Ord. No. 89-16 § 5]
The Health Department shall supervise operation and management of the tire drop-off site. Persons utilizing the tire drop-off site shall comply with all instructions and directions of Health Department personnel.
[Ord. No. 89-16 § 6]
Any person, firm or corporation that violates or neglects to comply with any provisions of this section or any regulation promulgated pursuant thereto shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
[1]
Note: For dumping of garbage and other refuse see Section 4-1.
[Ord. No. 9-5-72 § 68A-1]
No person shall engage in the collection of garbage or other refuse from any property within this Township without first having entered into a written, verbal or implied agreement for the collection of garbage or refuse with either the owner of the property or the Township or a subdivision thereof.
[Ord. No. 9-5-72 § 68A-2]
No person shall engage in the collection of garbage or refuse within this Township without first having obtained a license.
[Ord. No. 9-5-72 § 68A-3]
The Township Clerk shall issue a license, which shall be known as a "Scavenger's License," to any person who collects garbage or refuse within the Township who:
A. 
Certifies in writing to the Township that he has a written verbal or implied agreement with the Township or the residents along certain streets within the Township to pick up refuse and/or garbage.
B. 
Pays to the Township Clerk a license fee of $5.
[Ord. No. 9-5-72 § 68A-4]
Scavenger's licenses shall be valid for the calendar year in which the same has been issued.
[Ord. No. 9-5-72 § 61A-5]
This section shall not apply to any person who collects his own garbage or refuse, or to any person who collects garbage or refuse from fewer than five property owners within any single week or to any civic, religious, educational, charitable or eleemosynary organization.
[Ord. No. 9-5-72 § 68A-6]
For any and every violation of the provisions of this section, the violator shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each and every day that such violation shall continue shall be considered a separate and specific violation of this section and not as a continuing offense.