[Ord. No. 10-10; Prior ordinance history includes portions of Ordinance No. 07-36.]
Proper management of solid waste is an important matter of public health and safety. The source separation and recovery of certain recyclable materials will serve the public interest by conserving energy and natural resources, and reducing waste disposal expenses. In accordance with the requirements of the New Jersey Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the 2009 Update to the Monmouth County Solid Waste Management Plan, it is therefore necessary to update and amend existing municipal rules and regulations for the separation, storage, collection and recovery of designated recyclable materials.
[Ord. No. 10-10]
a. 
It shall be mandatory for all persons who are owners, lessees and occupants of residential property, of business and industrial properties, and of private or public and government institutions and buildings, to separate newspaper, corrugated cardboard, clean mixed paper, aluminum cans, tin and bi-metal cans, glass bottles and jars, and pourable plastic bottles ("designated recyclables"), from all other solid waste produced by such residences and establishments, for the separate collection and ultimate recycling of such materials.
1. 
Newspaper - Shall mean and include paper of the type commonly referred to as newsprint, and includes any inserts which are normally included in the newspaper. Specifically excluded are any pages of the newspaper used for household projects and crafts, such as painting or paper mache projects, or used for cleanup of pet waste.
2. 
Corrugated Cardboard - Shall mean layered cardboard including a waffled section between the layers, of the type commonly used to make boxes and cartons. Specifically excluded are waxed cardboard and any cardboard contaminated by direct contact with food, such as pizza boxes.
3. 
Clean Mixed Paper - Shall mean high grade bond paper, mixed office and school papers, such as stationery, construction paper and writing tablets, including computer printouts, magazines, gift wrapping paper, soft cover books, junk mail and single layer cardboard (chipboard). Specifically excluded are carbon papers, hard cover books (unless cover and binder are removed), paper cups and plates, food wrappers or any other paper contaminated by direct contact with food products, and paper products used for personal hygiene, such as tissues.
4. 
Aluminum Cans - Shall mean all disposable cans made of aluminum used for food or beverages. Specifically excluded are aluminum foils, pie tins, trays, cookware and other aluminum products.
5. 
Tin and Bi-Metal Cans - Shall mean all disposable cans made of tin, steel or a combination of metals including, but not limited to, containers commonly used for food products. Specifically excluded are cans which contain toxic products, such as paints and oils.
6. 
Glass Bottles and Jars - Shall mean transparent or translucent containers made from silica or sand, soda ash and limestone, used for the packaging or bottling of various products. Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.
7. 
Pourable Plastic Containers - Shall mean plastic bottles where the neck is smaller than the body of the container, and is limited to plastic resin type #1 PET and plastic resin type #2 HDPE. Specifically excluded are other resin types (#2 through #7) and non-bottle plastic containers such as margarine tubs and other consumer items and packages, such as film plastics, blister packaging, boxes, baskets, toys and other products.
8. 
Designated Recyclable Materials - Shall mean those recyclable materials including metal, glass, paper, or plastic containers, commercial, nonresidential, corrugated and other cardboard, newspaper, magazines or high grade office paper designated in this section to be source separated.
9. 
Disposition or Disposition of Designated Recyclable Materials - Shall mean the transportation, placement, reuse, sale, donation, transfer or temporary storage for all possible uses except for disposal as solid waste.
10. 
Dwelling Unit - Shall mean a one-family home, a two-family home and apartment cooperative unit or condominium unit.
11. 
High Grade Paper - Shall mean and include white and/or off-white stationery, photocopy and computer paper.
12. 
Junk Mail - Shall mean and include advertising mail; circulars; wrapping paper, non-metallic; solicitation mail; and business promotional papers.
13. 
Magazines - Shall mean and include all magazines or periodicals printed on glossy stock or paper of heavier quality.
14. 
Multifamily Dwelling - Shall mean any building or structure, or complex of buildings in which three or more dwellings 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.).
15. 
Municipal Solid Waste Stream - Shall mean all residential, commercial, and institutional solid waste generated within the boundaries of the Borough as measured in tons.
16. 
Nonacceptable Material - Shall mean and include blueprints; brown paper bags; telephone book, yellow pages; carbon paper; plastic bags; and napkins, tissues, and paper towels.
17. 
Paper - Shall mean all newspaper, high grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicate paper, and related types of cellulosic material containing not more than 10% by weight or volume of non-cellulosic material such as laminates, binders, coating, or saturants.
18. 
Paper Product - Shall mean any paper items or commodities including but not limited to, paper napkins, towels, corrugated and other cardboard, construction material, toilet tissue, paper and related types of laminate, binders, coatings, or saturants.
19. 
Person - Shall mean owners, lessees, and occupants, including temporary occupants of property within the Borough, including residential, commercial and industrial uses.
20. 
Premises - Shall mean any dwelling or structure and the surrounding privately owned property located within the Borough.
21. 
Recyclable Material - Shall mean those materials which would otherwise become municipal solid waste, which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products. Recyclable material shall include, but is not limited to, leaves, newspapers and magazines, corrugated cardboard, glass, aluminum and plastic, and tin cans.
22. 
Recycled Paper Products - Shall mean any paper product consisting of not less than 50% secondary waste paper material.
23. 
Recycled Paper - Shall mean any paper having a total weight consisting of not less than 50% secondary waste paper material.
24. 
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.
25. 
Recycling Center - Shall mean any designated area or facility designed and operated solely for receiving, storing, processing, and transferring source separated, nonputrescible or source separated commingled nonputrescible metal, glass, paper, plastic containers, corrugated and other cardboard or other recyclable materials approved by the New Jersey Department of Environmental Protection.
26. 
Recycling Services - Shall mean the services provided by persons engaged in the business of recycling, including the collection, processing, storage, purchase, sale or disposition, or any combination thereof of recyclable materials.
27. 
Solid Waste - Shall mean and include all garbage and rubbish normally produced by the occupants of commercial, industrial and residential property and disposed of by private or public pickup.
28. 
Source Separated Recyclable Materials - Shall mean recyclable materials including but not limited to, paper, metal, glass, commercial food establishment food waste, office paper and plastic which are kept separate and apart from residential, commercial and institutional solid waste by the generator thereof for the purposes of collection, disposition and recycling.
29. 
White Goods - Shall mean electrical home appliances and machines, including, but not limited to, refrigerators, washing machines, dryers, water heaters, window unit air conditioners, and ranges.
b. 
Residences, businesses and institutions provided with recyclables collection service by municipal forces or through municipal contract shall place all designated recyclables in the appropriate containers at curbside or other area(s) in the manner and schedule as regularly published and distributed by the municipality.
c. 
Any multi-family complex, business or institution not provided recyclables collection service by municipal forces or through municipal contract shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables.
d. 
Any multi-family complex, business or institution which is not provided recyclables collection service by municipal forces or through municipal contract shall provide the municipality with, at a minimum, an annual report describing arrangements for both solid waste and recyclables collection services, including the size, number and location of storage containers, frequency of pick-up service, shall provide the municipality with, at a minimum, an annual report describing arrangements for both solid waste and recyclables collection services, including the size, the name and address of any contractor hired to provide such service, and phone and other contact information for the contractor.
e. 
Leaves shall be kept separate from other vegetative waste, and shall only be placed for collection in the manner and schedule as shall be published and distributed by the municipality. Grass clippings shall not be placed with other materials for solid waste collection. This requirement shall not prohibit any person or establishment from making arrangements to collect leaves and grass directly from their property through their own efforts or via contract with a landscape service or other appropriate company, for direct transportation to a permitted recycling operation.
f. 
The following bulky recyclables shall not be placed with solid waste at the curbside or in containers provided for waste collection and transportation to a disposal facility: concrete, asphalt, brick, block, tree stumps, tree limbs over three inches in diameter, metal appliances or bulk metal items larger than one cubic foot and/or heavier than five pounds.
g. 
Automotive and other vehicle or wet cell batteries, used motor oil and anti-freeze shall not be disposed as solid waste. Such items are to be kept separate from other waste materials and recyclables, and brought to local service stations, scrapyards, or publicly-operated recycling facilities designed and permitted to handle such products.
h. 
Common, nonrechargeable dry cell batteries, commonly labeled A, AA, AAA, C, D and 9-Volt, may be disposed with regular municipal solid waste; however, rechargeable dry cell and button batteries still contain significant amounts of various toxic metals, including mercury, and shall be separated and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.
i. 
Computers, computer monitors and other related electronic hardware, as well as analog and digital televisions, are prohibited from being placed with other solid waste for disposal. These and other electronic devices shall be kept separate and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for shipment of these items to appropriate processing facilities.
[Ord. No. 10-10]
In accordance with existing State regulations (N.J.A.C. 14A:3-11), all service stations, oil retailers and motor vehicle reinspection stations with "used oil holding tanks" shall accept up to five gallons at a time of used motor oil from individuals changing oil from cars, lawn mowers or motorcycles and shall post a sign informing the public that they are a designated "Used Oil Collection Site."
[Ord. No. 10-10]
a. 
All designated recyclables become the property of the municipality and/or the contracted collector once placed at the curbside, in a container provided by the contractor, or brought to and accepted at the Municipal Recycling Depot.
b. 
It shall be a violation of this section for any unauthorized person to pick up or cause to be picked up, any recyclable materials as defined herein. Each such collection shall constitute a separate and distinct offense.
c. 
Notwithstanding anything herein to the contrary, any person may donate or sell self-generated recyclable materials to any person, partnership or corporation, whether or not operating for profit. The person, partnership or corporation, however, shall not pick up the recyclable materials at curbside.
[Ord. No. 10-10]
a. 
No liquids of any type shall be placed with recyclables, or with solid waste for collection and disposal.
b. 
No chemicals, liquid paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products, or other hazardous wastes shall be placed with recyclables, or with solid waste for collection and disposal.
[Ord. No. 10-10]
a. 
All apartment and other multifamily complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for use by residents, students, employees, customers or other visitors, for trash and the various types of recyclables, as appropriate.
b. 
Any company or agency providing dumpsters, rolloff or other containers to any apartment or other multifamily complex with shared disposal and recycling areas, or to any business, school or other institution, or for any construction/demolition project, shall clearly mark such container for trash or for specific recyclables, as may be appropriate.
[Ord. No. 10-10]
a. 
The municipality shall issue construction and demolition permits only after the applicant has provided a Debris Management Plan identifying the estimated number and types of containers to be used for the handling of all solid wastes and recyclables generated during the project, and arrangements for the proper disposition of the generated materials.
b. 
A refundable deposit of $50 to $1,000 shall be submitted with the Debris Management Plan, which will be returned after completion of the project and submittal of appropriate records documenting the quantity and disposition of solid wastes and recyclables. Inadequate or incomplete documentation may result in the forfeiture of some or all of the required deposit.
[Ord. No. 10-10]
a. 
The position of Recycling Coordinator is hereby created and established within the municipality, to be appointed by the Governing Body, for a term of one year expiring December 31.
b. 
The duties of the Recycling Coordinator shall include, but are not limited to: the preparation of annual or other reports as required by State and County agencies regarding local solid waste and recycling programs, reviewing the performance of local schools and municipal agencies in conducting recycling activities, periodic review of local residential and business recycling practices and compliance, review and recommendation on local subdivision and site plan submittals and local construction and demolition projects for appropriate waste disposal and recycling provisions, reports to the Governing Body on the implementation and enforcement of the provisions of this section, and such other reports and activities as may be requested by the Governing Body.
c. 
The Recycling Coordinator shall be required to comply with the Certification Requirements for Municipal Recycling Coordinators, as established by the State of New Jersey. The Recycling Coordinator shall have completed or be in the process of completing the requirements for certification as a "Certified Recycling Professional" (CRP) no later than January 13, 2012, as required by the New Jersey Recycling Enhancement Act.
[Ord. No. 10-10]
a. 
The duly appointed Municipal Recycling Coordinator, the Monmouth County Health Department, and Property Maintenance Officials are hereby jointly and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, businesses, schools and institutions, and to enforce the provisions of this section, by issuance of warnings, notices, summonses and complaints. A typical inspection may consist of sorting through containers and opening bagged solid wastes to detect the presence of recyclable materials.
b. 
The authorized inspector may, in his or her discretion, issue a warning rather than a summons following an initial inspection(s), with a follow-up visit to determine compliance within a stated period of time.
[Ord. No. 10-10]
a. 
Violation or noncompliance with any of the provisions of this section, or the rules and regulations promulgated hereunder, shall be punishable by a fine as follows:
1. 
For a first offense: $25.00 to $100.00.
2. 
For a second offense: $50.00 to $250.00.
3. 
For a third and subsequent offense: $100.00 to $1,500.00 and/or the performance of community service in the recycling program, for a period not to exceed 90 days.
b. 
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
c. 
Fines levied and collected in Municipal Court pursuant to the provisions of this section shall be deposited into the Municipal Recycling Trust Fund. Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.
[Ord. No. 10-10]
a. 
Grass clippings, white goods, wet and dry cell batteries and asphalt shingles may not be disposed of with mixed household or commercial trash.
b. 
Residents, businesses and institutions within the Borough of Matawan may only use those recycling haulers and/or facilities legally registered in Monmouth County.
c. 
Businesses, institutions, and multiple-family housing units not served by municipal recycling collection programs shall provide the Borough of Matawan Recycling Coordinator with the name and address of the company providing solid waste and recycling collection service. This report shall be submitted prior to March 30 of every year.
d. 
Construction and demolition permits shall issue only after an applicant has identified in writing their recycling and disposal arrangements. The application shall provide appropriate records documenting quantity and disposition of all materials.
e. 
Matawan Borough hereby requires that every site plan subdivision or site plan consisting of more than 25 residential units or retail, office or other commercial use submitted to the Unified Planning Board shall identify and provide for handling of designated recyclable materials in accordance with this section and the Monmouth County Solid Waste Plan.
f. 
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 under Federal, State, County, Local Administrative or Board of Health, for inspection by any code enforcement officer or the Recycling Coordinator.
[Ord. No. 07-36 § 24-4]
a. 
The position of Recycling Coordinator is hereby created and established in the Borough of Matawan.
b. 
The Recycling Coordinator shall be appointed by the Mayor with the advice and consent of the Council of the Borough of Matawan for a term of one year expiring December 31 of each year. The term of the person first appointed as recycling coordinator shall expire December 31 of the year in which the appointment is initially made.
c. 
The Recycling Coordinator, subject to the approval of the Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection and transportation, sale and/or marketing of said recyclable materials in order to encourage the preservation of material resources with minimizing the cost of the recycling program to the Borough of Matawan. Such regulations shall be effective not less than four months from the date of the promulgation of the regulations after approval of same by Mayor and Council and publication of the rules by the Borough Clerk. The Borough Council may, by majority vote, change, amend, repeal or modify any portion of rules and regulations adopted under this section and implemented by the Recycling Coordinator. The Recycling Coordinator shall be responsible for the enforcement of the provisions of Section 20-1.
d. 
The Recycling Coordinator; pursuant to his/her authority, shall have the power to modify the recyclable material as defined herein upon the approval of the Mayor and Council. Such modification may be made by way of addition thereto or deletion therefrom. Any such modification shall be effective upon approval by the Mayor and Council.
[Ord. No. 10-16]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Matawan and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 10-16]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Matawan or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, add the following: "MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources."
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 10-16]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Matawan.
[Ord. No. 10-16]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. No. 10-16]
This section shall be enforced by the Construction Code Official, the Health Officer and the Police Department of Borough of Matawan.
[Ord. No. 10-16]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,250.