Township of Maurice River, NJ
Cumberland County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 371.
[Ord. No. 595]
The New Jersey Solid Waste Management Act ("SWMA"), N.J.S.A. 13:1E-1 et seq., as amended by the New Jersey Stateside Mandatory Source Separation and Recycling Act ("Act"), P.L. 1987, c. 102, requires each municipality within the State of New Jersey to adopt an ordinance or ordinances governing separation and collection of certain recyclable materials.
The Cumberland County District Solid Waste Management Recycling Plan ("County Plan"), as adopted by the Cumberland County Board of Chosen Freeholders ("County") and approved by the New Jersey Department of Environmental Protection, Office of Recycling ("DEP/OR") pursuant to SWMA and the Act, also requires each municipality within the County to adopt an ordinance governing separation and collection of recyclable materials designated by the County Plan or the Cumberland County Improvement Authority ("CCIA").
[Ord. No. 595]
The Township Committee finds that the reduction of the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the Act and the County Plan. The separation and collection of paper, cardboard, glass, cans, PET-plastic bottles, food waste, white goods and leaves for recycling from the residential, commercial and institutional establishments in this Township will minimize the adverse environmental effects of landfilling by reducing the need for landfills and conserving existing landfill capacity, facilitate the implementation and operation of other forms of resource recovery called for by the County Plan, conserve natural resources, and reduce the cost of solid waste disposal in general. The promotion and use of recyclable materials, goods produced from recyclable materials, and goods which facilitate recycling, including without limitation Kraft paper grocery bags and reusable trash receptacles, will further serve the same purposes by encouraging and facilitating recycling.
[Ord. No. 595]
This adoption is pursuant to Sections 6, 9, and 14 of the "New Jersey Statewide Mandatory Source Separation and Recycling Act," N.J.S.A. 13:1E-99.11 et seq., (P.L. 1987, c. 102, adopted April 20, 1987), N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1 and their amendments and supplements.
[Ord. No. 595]
As used in this section:
ACT
Shall mean the New Jersey Statewide Mandatory Source Separation and Recycling Act, as amended.
APARTMENT COMPLEX
Shall mean ten (10) apartments or more located on a single property or contiguous properties under common ownership or management. For this purpose, "apartment" shall mean an enclosed space that consists of one (1) or more rooms occupying all or part of a floor or floors in a building of one (1) or more floors or stories but not the entire building, and that is designed for use as a residence.
CANS
Shall mean food and beverage containers comprised of aluminum, tin, steel or a combination thereof, which formerly contained only non-aerosol edible substances or such other substances as have been approved by recycling by CCIA.
CARDBOARD
Shall mean all corrugated or other cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam, or wax-coated or soiled cardboard.
CCIA
Shall mean the Cumberland County Improvement Authority, its successors and assigns.
COMMINGLED
Shall mean a combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
CONDOMINIUM COMPLEX
Shall mean ten (10) condominium units or more located on a single property or contiguous properties under common ownership or management.
CONDOMINIUM
For this purpose, as in N.J.S.A. 46:8B-1 et seq., shall mean a deed providing for ownership by one (1) or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
COUNTY
Shall mean the County of Cumberland, State of New Jersey.
COUNTY PLAN
Shall mean the District Solid Waste Management Plan for Cumberland County as approved by the New Jersey Department of Environmental Protection.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those materials designated within the Cumberland County Improvement Authority to be source separated for the purpose of recycling. These materials include: (list and define, as necessary, those designated recyclable materials from the County Recycling Plan for the residential, commercial and institutional sectors).
DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
Shall mean the transportation, placement, or arrangement of designated recyclable materials for all possible end uses except disposal as solid waste.
ELECTRONIC WASTE (to be included in those instances where a recycling program has been, or will be, established for these materials)
Shall mean 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 (4) inches measured diagonally and that contains one (1) or more circuit boards, including a television, and cell phones. Additionally, the definition may be changed to reflect individual municipal requirements.
FOOD WASTE
Shall mean any waste generated by food service and/or food sales establishments that would normally be landfilled and can be used as animal feed or composted in some manner.
GLASS
Shall mean all clear (flint), green, and brown (amber) colored glass food and beverage containers. Glass shall not include crystal, ceramics, light bulbs, and plate, window, laminated, wired or mirrored glass.
MULTIFAMILY DWELLING
Shall mean any building or structure, or complex of buildings in which three (3) 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. (C. 55:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
Shall mean the person or persons appointed by the municipal Governing Body and who shall be authorized to, among other things, enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
Shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township of Maurice River Township.
PERSON
Shall mean any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, Federal institution or agency, State institution or agency, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this section prescribing a fine, penalty, or imprisonment, the term "person" shall include the officers and directors of a corporation or other legal entity having officers and directors.
PET-PLASTIC BOTTLES
Shall mean all clear soft drink beverage containers manufactured of PET-plastic.
RECYCLABLE MATERIAL
Shall mean 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.
RECYCLING
Shall mean any process by which materials, which would otherwise become solid waste, are collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products.
SOLID WASTE
Shall mean garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare, and feed such wastes to swine on their own farms.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE SEPARATION
Shall mean 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.
WHITE GOODS
Shall mean all large appliances included but not limited to refrigerators, clothes washers and dryers, ranges, dishwashers and water heaters.
All other terms and phrases shall be as defined in the Act, regulations promulgated thereunder, and the County Plan, unless content clearly requires a different meaning.
[Ord. No. 595]
The collection of recyclable material shall be in the manner prescribed as follows:
a. 
All containers 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 anytime after 5:00 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 curb by no later than 7:00 p.m. of the day of collection.
b. 
All containers for recyclable materials shall be kept clean and in a safe manner.
[Ord. No. 595]
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 Maurice River Township 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 and shall be placed separately at the curb in a manner and on such days and times as established by the Township.
b. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(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 section 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.
[Ord. No. 595]
The owner of any property shall be responsible for compliance with this section. 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 (6) months during their occupancy.
[Ord. No. 595]
a. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.
b. 
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 Township 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.
c. 
Every business, institution, or industrial facility shall report on an annual basis to the 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.
d. 
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.
[Ord. No. 595]
a. 
Any application to the Planning Board of the Township of Maurice River Township for subdivision or site plan approval for the construction of multifamily dwellings of three (3) or more units, single-family developments of fifty (50) or more units or any commercial, institutional, or industrial development for the utilization of one thousand (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 Maurice River Township, the owner of any new multifamily housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the Township does not otherwise provide this service.
c. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
[Ord. No. 595]
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 unseparated solid waste and recyclables to accumulate will be considered a violation of this section and the local sanitary code.
c. 
Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than those authorized by the Township, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
[Ord. No. 595]
The Code Enforcement Official, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, and the Cumberland County Improvement Authority and the County Department of Health are hereby individually and severally empowered to enforce the provisions of this section. 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 materials.
[Ord. No. 595]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of not less than two hundred fifty ($250.00) dollars but not to exceed two thousand ($2,000.00) dollars, and a period of community service of not less than fifteen (15) days but not to exceed ninety (90) days. Each day for which a violation of this section occurs may be considered a separate offense.
Fines levied and collected pursuant to the provisions of this section shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the recycling program.
[Ord. No. 247 § 1]
As used in this section:
GARBAGE
Shall mean all garbage, trash, ashes, rubbish and other refuse matter or material that may accumulate within the limits of Maurice River Township.
[Ord. No. 247 § 2]
The provisions of this section shall apply to all residential dwellings and multiple dwelling houses having not more than ten (10) individual apartments. The provisions of this section shall not apply to stores, warehouses, factories and other industrial and business establishments of every kind and description and no garbage, trash or other refuse shall be collected therefrom.
[Ord. No. 247 §§ 3—10]
Every owner, lessee, agent, occupant or other person having control of any residence or dwelling unit covered by the terms of this section shall provide, place, keep and make readily accessible for collection or removal of all garbage, trash, ashes, rubbish and other refuse matter or material, suitable and sufficient covered containers for such purpose in accordance with the provisions of this section.
a. 
Receptacles for ashes shall be metallic containers, in such size as can be handled by one man and so constructed so as to prevent the spilling or leakage of their containers and such receptacles shall not be filled higher than three (3) inches below the top of the container. Receptacles for refuse or rubbish shall be either metal, plastic or wood containers with lids, or capable of being securely closed, of not greater capacity than can be handled by one man, but where the rubbish is of such nature, such as broken furniture or brush, that it cannot be deposited in such receptacles, it must be securely bundled in such manner as to permit easy handling and to prevent contents being scattered, and at no time shall any such refuse or rubbish be deposited in the same container that holds ashes. Wooden boxes may be used as receptacles for lawn cuttings and rakings, including twigs and leaves.
b. 
The receptacles in which the garbage accumulations are deposited shall be a metallic water-tight vessel or other container, including plastic bags securely tied, not less than ten (10) inches nor more than twenty (20) inches in diameter, and not less than eight (8) inches or more than twenty-six (26) inches in height, and shall have a separate cover close fitting when in place or in the case of plastic bags be securely tied. No container or receptacles, including its contents, shall weigh in excess of one hundred (100) pounds. Containers or receptacles that have deteriorated to the extent of having jagged or sharp edges capable of causing injuries to handlers or to others who may have to handle the same shall be removed by the collector and disposed of as refuse.
c. 
All garbage shall be thoroughly and completely drained of all water and placed in a suitable container as herein provided. Only garbage free of bottles, glass, crockery, tin cans and all other material shall be placed in this receptacle. Paper shall be securely and properly tied in bundles or other packages in a manner to prevent any scattering while being handled by the collector or awaiting collection. The bundles or packages shall be of a size and weight to permit ease of handling by one man.
d. 
Garbage containers and refuse containers or receptacles shall be placed by the occupant near the curbline or roadway so as to be easily collected from the roadway; but not so near the curb or roadway as to project therein or to interfere with vehicles lawfully using the street.
e. 
The garbage and refuse containers or receptacles shall be placed for collection just prior to the regular collection time so as not to remain for a longer period of time than is necessary to permit collection thereof; and the empty receptacles of containers shall be removed immediately following the collection of the garbage and trash.
f. 
No person shall throw, lay, deposit or leave or cause to be thrown, laid, deposited or left in or upon any street, sidewalk or public thoroughfare, any garbage, trash, ashes, rubbish or other refuse matter or material of any kind whatsoever.
g. 
It shall be unlawful for any rag-picker, junk dealer, or other person to overhaul the contents of containers or receptacles containing garbage, trash, ashes, rubbish or other refuse matter or material after having been set out for collection and before being collected.
[Ord. No. 247 § 11]
The Township Committee may, in addition to this section, adopt rules and regulations pertaining to the collection, removal or disposal of garbage, trash, ashes, rubbish and other refuse matter or material within the limits of the Township by resolution or otherwise.
[Ord. No. 247 § 12]
The Township Committee may provide, by contract or otherwise, for the collection and removal of garbage, trash, ashes, rubbish or other refuse matter or material within the Township.
[Ord. No. 247 § 13]
As used in this section:
GARBAGE
Shall mean the meat and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods. Garbage is considered to originate primarily in kitchens and other places where food is cooked, stored and consumed.
ASHES
Shall mean the residue from fires used for cooking foods and heating buildings. Ashes also shall include such floor sweepings or other accumulation in connection with the ordinary daily use of dwellings and apartments.
RUBBISH AND REFUSE
Shall mean all broken crockery, glassware, household receptacles and utensils, bottles, tin cans, lawn cuttings, hedge trimmings, garden growth, old clothing and such similar waste material, including paper, cardboard or containers made of paper.
[Ord. No. 247 § 14]
The provisions of this section shall not apply and shall not include the collection of earth, stone, plaster, wood or other material from excavating or from construction, altering or repairing any buildings.
[Ord. No. 247 § 16; New]
All persons violating the provisions of this section shall upon conviction thereof, be liable to the penalty established in Chapter 1, Section 1-5.