[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:
Shall mean the New Jersey Statewide Mandatory Source Separation
and Recycling Act, as amended.
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.
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.
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.
Shall mean the Cumberland County Improvement Authority, its
successors and assigns.
Shall mean a combining of nonputrescible source-separated
recyclable materials for the purpose of recycling.
Shall mean ten (10) condominium units or more located on
a single property or contiguous properties under common ownership
or management.
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.
Shall mean the County of Cumberland, State of New Jersey.
Shall mean the District Solid Waste Management Plan for Cumberland
County as approved by the New Jersey Department of Environmental Protection.
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).
Shall mean the transportation, placement, or arrangement
of designated recyclable materials for all possible end uses except
disposal as solid waste.
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.
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.
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.
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.).
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.
Shall mean all solid waste generated at residential, commercial,
and institutional establishments within the boundaries of the Township
of Maurice River Township.
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.
Shall mean all clear soft drink beverage containers manufactured
of PET-plastic.
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.
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.
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.
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
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.
Shall mean all large appliances included but not limited
to refrigerators, clothes washers and dryers, ranges, dishwashers
and water heaters.
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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.
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[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:
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. The metallic
container shall not exceed a weight of 50 pounds and shall not exceed
54 gallons in volume. The metallic container shall have two handles
for ease of carrying. Receptacles for ash must have a tight-fitting
lid to prevent spillage. Containers commonly known as “pickle
barrels” shall not be utilized.
[Amended 4-21-2022 by Ord. No. 709]
b.
Receptacles for garbage, rubbish and refuse shall be either metal,
plastic, or wood with tight-fitting lids. Said receptacles shall not
exceed a weight of 50 pounds and shall not exceed 54 gallons in volumes.
All said receptacles shall have a minimum of two handles for ease
of carrying. Trash bags may also be utilized, however, shall not exceed
a weight of 50 pounds. Trash bags shall be securely tied to prevent
the scattering of trash. Containers commonly known as “pickle
barrels” shall not be utilized.
[Amended 4-21-2022 by Ord. No. 709]
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:
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.
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.
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.
