Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
[Amended 9-26-2006 by Ord. No. 2006-21; 12-18-2007 by Ord. No. 2007-29]
ALUMINUM CANS
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.
BRUSH
Branches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
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 non-putrescible source-separated recyclable materials for the purpose of recycling.
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
Shipping containers made with kraft paper linerboard and corrugated medium.
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:
ELECTRONIC WASTE
A computer central processing unit and associated hardware including keyboards, modems, printers scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
GLASS BOTTLES AND JARS
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.
GRASS CLIPPINGS
Vegetative material generated when grass (lawns) are cut.
INSTITUTION
An established organization or foundation dedicated to public service or culture including, but not limited to, religious, educational, health care, and governmental establishments.
LEAD-ACID BATTERIES
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 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 Batteries - 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 non-rechargeable 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 non-rechargeable 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). Non-rechargeable, 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 non-rechargeable 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.
LEAVES
Vegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
METAL APPLIANCES
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.
MIXED PAPER
Various categories of recyclable paper including, but not limited to white and colored paper used in printers, photocopier 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.
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 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 (C.55:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
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 therefore.
MUNICIPAL RECYCLING ENFORCEMENT COORDINATOR
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.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township of Pequannock which is not bulky waste or construction and demolition debris.
NATURAL WOOD WASTE
Logs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
NEWSPAPER
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.
OIL-CONTAMINATED SOIL
Non-hazardous 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 non-hazardous in accordance with the standards set forth in N.J.A.C. 7:26.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
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 bottle without one 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.
RECYCLABLE MATERIAL
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.
RESIDENT
Any person who owns, leases and/or occupies dwellings within the Township of Pequannock, including those in multifamily dwellings and/or single family developments.
SOLID WASTE
Any garbage, refuse, sludge or any other waste material with insufficient liquid content to be free flowing, excluding those materials as defined as recyclable materials by this chapter.
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.
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.
STEEL (TIN) CANS
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.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is existing State, county, or municipal roadway, and includes the land between the street lines, weather improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
USED MOTOR OIL
Motor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
WHOLE TIRES
Tires that are whole, not chipped into small pieces. Tires are allowed to be recycled and/or incinerated for energy recovery.
YARD WASTE
Shall be vegetative wastes to include fallen leaves, brush (chippable, up to three inches in diameter) and grass clippings.
On or before the effective date of this ordinance the Township Manager of the Township of Pequannock will appoint one individual who shall serve as recycling coordinator for the Township whose duties shall include, but not be limited to, the development and administration of a recycling program to conform to the New Jersey Statewide Mandatory Source Separation and Recycling Act. The Recycling Coordinator shall serve at a salary as established by the salary ordinance of the Township of Pequannock.
[Amended 12-18-2007 by Ord. No. 2007-29]
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 Township of Pequannock, 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. Designated recyclable materials shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Township of Pequannock.
B. 
Exemptions: Pursuant to N.J.S.A. 13:1E-99.16.6.(d), the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance 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 section, 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.
[Amended 9-26-2006 by Ord. No. 2006-21; 12-18-2007 by Ord. No. 2007-29]
The collection of recyclable material shall be in the manner prescribed as follows:
A. 
Residents of single family units shall separate designated recyclables from all other solid waste. Recyclable materials from residential units shall be prepared in a manner as prescribed by the Township of Pequannock.
Residential Developments (multi and single family) shall be responsible for establishing recycling programs within their complex. Notwithstanding the ability of the Township to collect or market certain recycling materials, the residential development shall be responsible for establishing recycling programs for the collection, transportation and marketing of designated recyclable materials. Institutions and Commercial Establishments shall source separate designated materials for recycling. Notwithstanding the ability of the Township to collect or market certain recycling materials, the institution shall be responsible for establishing recycling programs for the collection, transportation and marketing of designated recyclable materials. Documentation of tonnage of materials recycled is to be submitted in accordance with 90.05 of this chapter.
B. 
All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above any time after 6:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.
C. 
All receptacles or dumpsters shall be maintained in accordance with the Health Code of the Township of Pequannock.
D. 
Yard Waste Collection. Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this chapter. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this chapter.
[Added 12-18-2007 by Ord. No. 2007-29]
A. 
Residential Dwelling Compliance Requirements: The owner of any property shall be responsible for compliance with this Ordinance. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of 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. 
Nonresidential Establishment Compliance Requirements.
(1) 
All nonresidential generators, including commercial, industrial and institutional establishments, of solid waste shall be required to comply with the provisions of this Ordinance.
(2) 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoors litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
(3) 
All nonresidential facilities shall report on an annual basis to the Municipal Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
(4) 
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.
[Added 12-18-2007 by Ord. No. 2007-29]
New Developments of Multifamily Residential Units or Commercial, Institutional, or Industrial Properties (Pursuant to N.J.S.A. 13:1E-99.13a and 99.16.6.c.):
A. 
Any application to the Planning Board of the Township of Pequannock, 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 of Pequannock, 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 Health Officer.
All commercial, institutional, multi - or single family developments which are not serviced by municipal recycling collection systems must submit documentation to the recycling coordinator. Documentation must include the type of material recycled, date recycled, market receiving the recycled material and total tonnage recycled of each material. Reports are due according to the following schedule:
Reporting Period
Due Date
January 1 - March 31
April 8
April 1 - June 30
July 8
July 1 - September 30
October 8
October 1 - December 31
January 8
The municipal recycling coordinator will compile all recycling documentation and report annually to the Morris County Recycling Coordinator.
[Amended 12-18-2007 by Ord. No. 2007-29]
Prohibition of the Collection of Solid Waste Mixed with Recyclable Materials
A. 
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
B. 
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unaspirated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code.
C. 
Once placed in the location identified by this Ordinance, or any rules or regulations promulgated pursuant to this Ordinance, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
D. 
Recycling material prepared and placed for collection by Township residents are the property of the Township of Pequannock or its authorized agent. It is a violation of this chapter for any person or its firm unauthorized by the Township of Pequannock to collect or pick up or cause to be collected or picked up designated recyclable materials.
[Added 12-18-2007 by Ord. No. 2007-29]
As set forth in N.J.S.A. 13:1E-99.13.3.b.(4)(c), the Township of Pequannock 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.
[Amended 12-18-2007 by Ord. No. 2007-29]
It shall be a violation of this ordinance to combine designated, unsoiled recyclables with other solid waste. Failure to source separate materials for recycling by residential, commercial or institutional units is a violation of this chapter.
It shall be unlawful for solid waste collectors to collect solid waste that 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/recyclables which visibly display a warning notice, sticker or some other device indicating that the load of solid waste contains designated recyclable materials and therefore should not be removed for disposal.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter 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.
Each day for which a violation of this Ordinance occurs shall be considered a separate offence.
[Amended 12-18-2007 by Ord. No. 2007-29]
The Health Department, Police Department, or Recycling Coordinator of the Township of Pequannock are authorized to enforce the provisions of this chapter to include the inspection of garbage set out for disposal in order to determine whether recyclable materials are present in violation of this chapter. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.