Township of Union, NJ
Hunterdon County
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Table of Contents
Table of Contents
[New]
This section is adopted pursuant to the New Jersey Statewide Mandatory Source Separation Recycling Act, P.L. 1987, c. 102, which requires that each Municipality in the State adopt an ordinance providing for the separation from the Municipal solid waste stream of specified recyclable materials and establishing a collection system for the same.
[Ord. No. 87-16 § 1; Ord. No. 88-1 § 1; Ord. No. 92-14 § C, D, E]
As used in this section:
ALUMINUM CANS
Shall mean all disposable containers fabricated of aluminum and commonly used for beverages or other purposes and usually having a capacity of between seven and 16 ounces.
ALUMINUM ITEMS
Shall mean foil, plates and frozen food trays as well as other aluminum scrap.
COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL ESTABLISHMENTS
Shall mean all entities which operate or conduct any business whatsoever which cannot be included within the definitions of a residential premises or complex.
DESIGNATED RECYCLABLE MATERIALS
Shall mean aluminum cans, glass containers and newspaper which are designated pursuant to regulations promulgated hereunder to be source separated for recycling.
GLASS
Shall mean all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling various matter and all other materials commonly known as glass, excluding, however, blue and flat glass commonly known as window glass.
MUNICIPAL RECYCLING DEPOT
Shall mean any location or locations designated by the Township for the receipt and storage of one or more designated recyclable materials.
OTHER DEFINITIONS OF TERMS
Shall be as defined by the "New Jersey Statewide Mandatory Source Separation and Recycling Act," c. 102, L. 1987; N.J.S.A. 13:1E-99.11 et seq.
PAPER
Shall mean and include all newspaper, high grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper, corrugated cardboard and other cardboard.
RECYCLING
Shall mean any process by which materials which would through use become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENCES
Shall mean single dwellings designed for occupancy by from one to four families.
RESIDENTIAL COMPLEXES
Shall mean single or multiple dwellings designed for occupancy by more than four families.
SOURCE SEPARATION OF DESIGNATED RECYCLABLE MATERIALS
Shall mean the separation and separate bundling of designated recyclable materials to be kept apart from residential, commercial and institutional solid waste by the generator thereof for the purposes of collection, disposition and recycling.
[Ord. No. 87-16 § 2; Ord. No. 92-14 § A; Ord. No. 2009-1 § II]
a. 
In order to carry out the requirements of the New Jersey Statewide Mandatory Source Separation and Recycling Act and the Hunterdon County Recycling Plan, the position of Township Recycling Coordinator is hereby established.
b. 
The Township Recycling Coordinator shall be appointed by the Township Committee and shall serve a term of one year. The Township Committee shall annually affirm in writing the name of the person holding the position of Township Recycling Coordinator.
[Ord. No. 87-16 § 2; Ord. No. 92-14 § A]
a. 
The Recycling Coordinator of the Township is hereby authorized and directed to establish and promulgate reasonable rules and regulations as to the recycling plan for the Township of Union.
b. 
The Recycling Coordinator will report to the Township Committee and/or the Municipal Clerk at least once annually on the status of the Township Recycling Program including:
1. 
Tonnages that have been recycled by the Township program since the last report.
2. 
Any additional materials that can reasonably be considered to be recycled as part of the Township program.
3. 
The impact that the Township Recycling Program has had upon the amount of solid waste generated within the Township.
4. 
Report on financial or technical assistance that is available to the Township Recycling Program.
5. 
Recommending revisions of the rules and regulations of the Township Recycling Program as developed by the Township Recycling Coordinator.
c. 
The Township Recycling Coordinator will attend all Municipal Recycling Coordinator meetings that the Township Committee deems to be important. This includes meetings that may be conducted by the State, the County or other appropriate organizations.
d. 
Promotes the Township recycling program by educating citizens, businesses, institutions, and organizations to the need to participate in the Township recycling program.
e. 
Explain to citizens, businesses, institutions and organizations the provisions of the Mandatory Recycling Act and assist in the enforcement thereof.
[Ord. No. 87-16 § 3]
There is hereby established a Recycling Committee in the Township. Membership on the Recycling Committee shall consist of the Recycling Coordinator, one member of the Township Committee, the Township appointee to the County Solid Waste Advisory Committee, one member from the Environmental Committee and the Township Road Foreman or Road Supervisor. The Recycling Committee is hereby authorized and directed to establish and promulgate reasonable regulations as to the selection and designation of recyclable materials to be source separated in accordance with this section and to establish the manner, methods and programs for the collection and disposition of designated recyclable materials in accordance with the provisions hereof. Such regulations as may be promulgated under this section may be changed, modified, amended or repealed by the Township Committee by majority vote.
[Ord. No. 92-14 § A]
The provisions of this section may be enforced by the Municipal Recycling Coordinator and/or the Recycling Enforcement Specialist of Hunterdon County, the Municipal Zoning Official or other designated Officer of the Township.
[Ord. No. 87-16 § 4]
a. 
From and after the date fixed by regulations promulgated by the Recycling Committee in accordance with the provisions hereof, it shall be mandatory for all persons who are owners, tenants or occupants of residential and nonresidential premises located within the Township to separate designated recyclable material from all other solid waste produced by the residential or nonresidential premises occupied by such persons and to separately bundle and prepare such materials for recycling and deposit such materials at the Township Recycling Depot, or otherwise dispose of the materials in accordance with this section.
b. 
Such designated recyclable materials shall be kept separate and apart from other solid waste generated by premises occupied by such persons and shall be held by such persons to be then deposited at the Township Recycling Depot on the specific days established by the Township to receive such materials.
[Ord. No. 87-16 § 5; Ord. No. 92-14 § A]
a. 
Any recyclable placed at the curbside for pickup or deposited at a residential complex depot or Township Recycling Depot shall be and become the property of the Township or its authorized agent. It shall be a violation of this section for any person or company unauthorized by the Township to collect or pick up or cause to be collected or picked up any such recyclable.
b. 
No recyclable that is being collected as part of the Township recycling program may be donated or sold to or received by any person, partnership or corporation (whether operating for profit or not for profit) unless that person, partnership or corporation has first received written authorization from the Township Recycling Coordinator.
[Ord. No. 87-16 § 6]
a. 
It shall be a violation of this section to deposit recyclable materials at the Township Recycling Depot at times other than those posted to receive such materials.
b. 
It shall be a violation of this section to deposit materials other than designated recyclable materials at the Township Recycling Depot.
[Ord. No. 2015-4]
Persons depositing items at the Township Recycling Depot shall pay the following fees:
a. 
Freon Removal - For refrigerators, freezers, air conditioners and other items requiring freon removal, or not bearing proper certification of freon removal - $15 per item.
b. 
Recycling of Tires -
Tires with rim - $5 per tire;
tires w/o a rim - $3 per tire.
[Ord. No. 92-14 § C]
a. 
Each family within a residence is required to recycle the materials designated as "residential recyclables:"
Aluminum beverage cans
Batteries - low voltage and rechargeable dry cell types
Brown glass
Clear glass
Corrugated cardboard
Green glass
Junk mail
Leaves
Magazines
Newspapers
b. 
Each category of recyclable material must be properly prepared for collection.
c. 
Violation and Penalty. Failure of a family within a residence to abide by the rules and regulations of this section may result in a fine of up to $250 for each month of noncompliance.
[Ord. No. 92-14 § D]
a. 
Each family within a residential complex is required to recycle the following materials as "residential recyclables:"
Aluminum beverage cans
Batteries - low voltage and rechargeable dry cell types
Brown glass
Clear glass
Corrugated cardboard
Green glass
Junk mail
Leaves
Magazines
Newspapers
b. 
Each category of recyclable materials must be properly prepared for collection.
c. 
Recycling Depot to be Provided. The owner of each residential complex is responsible for providing a recycling depot and recycling services for the entire complex. The depot shall be equipped with owner or contractor supplied receptacles for each category of designated recyclable material. Access to the depot shall be controlled by the owner or his agent; however, access to the depot for the families of the residential complex must be scheduled at least once a week for at least a two-hour period and access to the depot must be made available to the recyclables collector between 7:00 a.m. and 4:00 p.m. on collection days.
d. 
Violation and Penalty. Failure of a family within a residential complex to abide by the rules and regulations of this section may be fined up to $250 for each month of noncompliance. Failure of an owner (or his/her agent) to abide by the rules and regulations of this section may result in a fine of up to $250 for each month of noncompliance.
[Ord. No. 87-16 § 14; Ord. No. 92-14 § A, E]
a. 
Each commercial, industrial, or institutional establishment is required to recycle the following materials designated as "commercial, industrial and institutional recyclables" unless otherwise exempted pursuant to subsection 5c of this section:
Aluminum beverage cans
Batteries - low voltage and rechargeable dry cell types
Brown glass
Clear glass
Corrugated cardboard
Green glass
Junk mail
Leaves
Magazines
Newspapers
b. 
Commercial, industrial and institutional establishments may be exempted from recycling all materials designated as "commercial, industrial and institutional recyclables" provided at least one commodity is recycled. This exemption must be applied for and approved by the Township Recycling Coordinator and must be made in writing. Included with the request must be evidence showing that the applicant will implement an individual establishment's alternate recycling plan identifying the material that will be recycled and represents that an excess of 50% of the solid waste generated by the applicant will be recycled. A temporary one-time three-month exemption may be granted without supporting evidence at the discretion of the Township Recycling Coordinator; however, at the end of the three-month period the establishment must reapply for exemption with evidence collected during the three-month period. All regular exemptions (non-temporary exemptions) will expire on December 31 of each year. Exemptions must then be reapplied for no later than January 31 of the next year.
c. 
Designated recyclables must be delivered to a State-approved recycling facility at least once a month. Weight slips detailing the date, type of recyclables and the weight (in pounds or tons) must be obtained for all recycling activities and maintained on file for three years.
d. 
Each year, commercial, industrial and institutional establishments located in the Township must file a report of recycling activities to the Township using State-approved forms and containing all necessary documentation as required by the State and/or the Township.
e. 
Failure of a commercial or industrial establishment to abide by the rules and regulations of this section may be fined up to $1,000 for each month of non-compliance.
[Ord. No. 87-16 § 8]
Oil retailers and motor vehicle reinspection stations must accept waste oil from motor vehicles generated within the Township in accordance with the regulations of the Mandatory Recycling Act of New Jersey.
[Ord. No. 87-16 § 9]
Leaves are to be disposed of on the property from which they are generated and allowed to degrade naturally without the use of chemicals or any additives. The burning of leaves is a violation of air quality standards.
[Ord. No. 87-16 § 6]
a. 
All materials to be deposited at the Township Recycling Depot shall be prepared, secured and packaged according to regulations established by the Recycling Committee. It shall be the obligation of persons depositing these materials to comply with the Recyclable Preparation Regulations or the materials will not be accepted at the Depot.
b. 
Newspapers shall be considered clean and uncontaminated if they have not been exposed to substances or conditions rendering them unusable for recycling.
c. 
It shall be a violation of this section to deposit recyclable materials at any location other than the Township Recycling Depot.
d. 
It shall be a violation of this section to include or mix designated recyclable materials with regular solid waste generated by residential and nonresidential premises. Such regular solid waste materials when mixed with recyclable materials shall not be picked up by solid waste refuse haulers and shall be left at curbside, red tagged and reported to the Township as a violation of this section. Nothing herein shall be construed to prohibit an owner, tenant or occupant from wrapping solid waste in used newspapers or other papers and discarding same with regular solid waste.
[Ord. No. 87-16 § 11]
The Township shall have the right to dispose of the materials collected by the Recycling Committee utilizing any or all markets available and to enter into agreements for the disposition of Recyclable Materials for recycling purposes. New Jersey Law provides for the negotiated sale of recyclable materials without public bidding.
[Ord. No. 87-16 § 12]
a. 
The Township Committee may, at its option at a future date, provide for curbside collection and disposition of designated recyclable materials either by Township personnel or by contract.
b. 
If the Township shall institute curbside collection, the owner, tenant or occupant shall place at the curb of such premises any designated recyclable materials for collection by the Township in accordance with the provision hereof. Such designated recyclable materials shall be and become the property of the Township or its authorized agent.
c. 
It shall be a violation of this section for any person to collect or pick up or cause to be collected or picked up any such designated recyclable materials, except as may be authorized by the Recycling Committee or the Township Committee. Each such collection in violation of this section from one or more residential or nonresidential premises, shall constitute a separate and distinct violation of this section. Nothing herein shall be construed to prohibit an owner, tenant or occupant of any residential or nonresidential premises from donating or selling recyclables to any person or entity whether operating for profit or not for profit, except that such person or entity shall not, under any circumstances, pick up or collect those recyclables from curbside anywhere in the Township.
[Ord. No. 87-16 § 13]
a. 
Upon the formal notification to the public, the Township will start its recycling program and the provisions of this section and regulations will take effect.
b. 
The Recycling Committee shall prepare a plan for the recycling program in accordance with law, to be approved by the Township Committee on an annual basis.
c. 
The provisions of the local recycling program shall be publicized once every six months by the Recycling Committee and the Township Committee.
[Ord. No. 88-1 § 2]
If the Township does not engage in the collection and disposition of recyclable materials and if the Township cannot identify a provider of such services, all registered solid waste collectors or transporters servicing the Township shall be required to bid on a contract for collection and disposition of designated recyclable materials.
[Ord. No. 87-8 § 1]
No person shall deposit or place, or attempt to deposit or place, any material of any kind, in or about the Municipal dumpster or on Municipal property except in accordance with the provisions of this section and the regulations pursuant thereto.
[Ord. No. 87-8 § 2]
No person shall deposit or place or attempt to deposit or place any material in or about the Municipal dumpster or on Municipal property without first obtaining a Municipal identification card from the Municipal Clerk.
Identification cards for use of the Municipal dumpster may be obtained from the Clerk without charge upon presentation of proof of residency in Union Township.
Any person wishing to deposit materials in or about the Municipal dumpster shall first present his or her identification card to the dumpster attendant, obtain permission and follow the directions of the dumpster attendant or other person in charge.
[Ord. No. 87-8 § 3]
The following materials are prohibited and no person shall deposit or place or attempt to deposit or place any of such materials in or about the Municipal dumpster or on Municipal property:
a. 
Construction or demolition materials.
b. 
Materials discarded from commercial business or industrial establishments.
c. 
Liquid waste.
d. 
Hazardous, toxic, flammable or explosive materials.
e. 
Dirt, sand, rocks, cement, concrete, bituminous concrete, blacktop and similar materials.
f. 
Lumber more than three feet long.
g. 
Auto frames, bodies or parts.
h. 
Tires.
i. 
Tree stumps, leaves, limbs or other vegetation.
j. 
Cardboard or paper products.
k. 
Railroad ties.
l. 
Ordinary household garbage, refuse or trash.
[Ord. No. 87-8 § 4]
No person shall deposit or place or attempt to deposit or place more than two cubic yards of any material in or about the Municipal dumpster or on Municipal property per household per week. All materials shall be broken down and compacted to the greatest extent possible.
[Ord. No. 87-8 § 5; New]
Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to the penalty stated in Chapter 1, Section 1-5.