[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 based roofing materials.
The Health Officer, Health Officer's designee or Recycling
Coordinator of the Township of Rockaway.
Decomposed by normal biological activity.
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.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
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.
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.
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.
Shall be deemed to identify containers and similar paper
items usually used to transport supplies, equipment parts of other
merchandise.
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 was manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
CORRUGATED CARDBORDShipping containers made with a kraft paper linerboard and corrugated medium.
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.
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.
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.
OIL-CONTAMINATED SOILNonhazardous 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.
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 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.
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.
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.
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 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.
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 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.
WHOLE TIRESTires that are whole, not chipped into small pieces. Tires are allowed to be recycled and/or incinerated for energy recovery.
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.
As used herein shall be deemed to identify steel and bimetal
cans which are magnetic and generally used for food or beverage.
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.
Any park, including, without limitation, a trailer park or
camp, equipped to accommodate mobile homes on a year-round basis.
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.).
Includes, but is not limited to, apartment buildings, hotels,
and office complexes.
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.
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.
Any individual, corporation, company, partnership, firm,
associations, or political subdivision of this State subject to municipal
jurisdiction.
An established organization or foundation dedicated to public
service or culture including, but not limited to religious, educational,
health care, and governmental establishments.
Any person who owns, leases and/or occupies dwellings within
the municipality, including those in multifamily dwellings, single
family homes, and/or condominium/townhouses.
A dwelling used solely for domestic habitation.
A single dwelling used solely for domestic purposes.
Includes all garbage and rubbish normally placed at the curb
for regular collection.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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:
Vehicles used by commercial landscapers to collect and remove
leaves from the residents of the Township of Rockaway.
Private entities or individuals who collect and remove leaves
from the residents of the Township of Rockaway for a fee charged to
those residents.
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]
[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:
[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.
