[HISTORY: Adopted by the Council of the Township of Monroe 8-2-87 by Ord. No. 8-87-19; amended in its entirety 4-3-95 by Ord. No. 0-4-95-018. Further amendments noted where applicable.]
The purpose of this section is to require and mandate the separate collection of designated recyclables from other solid waste collected in the Township of Monroe as is mandated by the laws and/or regulations of the State of New Jersey and by the County of Middlesex.
[Amended 12-3-07 by Ord. No. O-12-2007-044; amended 5-2-05 by Ord. No. O-5-2005-019]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter 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.
This Agreement for the Provision of Recycling and Marketing Services executed by and between the Authority and the municipality.
Non-foil, food and beverage containers made entirely of aluminum.
The Middlesex County Improvement Authority, a public body corporate and politic of the State of New Jersey, organized by the county pursuant to the County Improvement Authorities Law (N.J.S.A. 40A:37A-44 et seq.)
The following designated recyclables generated within the geographic boundaries of the municipality: newspaper, glass containers, aluminum cans, corrugated cardboard from residential and commercial sources, steel cans, plastic containers, mixed paper and textiles.
The Board of Chosen Freeholders of the County of Middlesex, New Jersey.
Branches, woody plants and other like vegetative material that does not exceed five inches in diameter, and Christmas trees.
Large items of non-food-related and non-rotting waste material, such as appliances and furniture, and small project debris, generated by a resident at a residential dwelling in the municipality.
[Added 5-3-2021 by Ord. No. O-4-2021-010]
The date upon which the Authority and the municipality agree that the Authority, through its contractor, will commence the provision of recycling services.
Plastic containers to be used by the residents to place plastic containers, glass containers, aluminum cans and steel cans at the curb for collection by the contractor, or such other container designated by the Authority for such use.
The placement of yard waste in a brown, biodegradable bag which may be obtained from the Department of Public Works, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
[Added 5-2-05 by Ord. No. O-5-2005-019; amended 8-26-06 by Ord. No. O-8-2006-031]
The contractor selected by the Authority to provide the recycling services pursuant to the recycling contract.
Boxes and packaging generally made from wood pulp and consisting of two smooth sides with a corrugated inner layer. Brown paper grocery bags are included in this category.
The County of Middlesex, New Jersey.
The Middlesex County district solid waste management plan, adopted by the Board pursuant to the Solid Waste Management Act, which provides for the collection, disposal and/or recycling of solid waste generated within the geographic boundaries of the county, as the same may be amended from time to time.
The collection and marketing program for Authority Collected Recyclables established by the county and the Authority for all participating municipalities in the county and funded, in part, with RRIT Funds allocated for this purpose.
The New Jersey Department of Environmental Protection or any successor agency.
All recyclable materials that are designated by the county in the County Plan as materials that must be source separated from municipal solid waste at the point of generation. The recyclables designated by the county in the County Plan are newspaper, aluminum cans, glass containers, corrugated cardboard from residential and commercial sources, steel cans, plastic containers, mixed paper, textiles, leaves, motor oil, brush, masonry/paving materials, rechargeable batteries, tires, white goods, electronics, fluorescent bulbs, plastic film and wood scrap. The county may add or delete certain recyclable materials to designated recyclables from time to time pursuant to a duly adopted amendment to the County Plan approved by the DEP.
The site owned and/or operated by the municipality and located where designated recyclables and bulky waste are delivered by the municipality or residents of the municipality for collection and/or preparation for market.
[Amended 5-3-2021 by Ord. No. O-4-2021-010]
Televisions, CPUs, monitors, laptops, and mercury-containing devices.
Lamps that contain mercury.
Bottles and jars in which food and beverages are packaged. The same may be transparent (clear) or translucent and/or tinted brown or green.
Fallen leaves excluding brush and grass clippings.
N.J.S.A. 40A: 11-1 et seq.
Asphalt, brick, block, cinder and concrete.
Glossy inserts, magazines, telephone books, junk mail, colored paper, computer paper, office paper, paperboard (chipboard and pressboard), non-metallic wrapping paper, soft cover books, hard cover books with covers removed and fine paper.
A covered container in which residents will place mixed paper at the curb for collection by the contractor, or such other container designated by the Authority for such purpose.
The Township of Monroe, a Municipal Corporation of the State of New Jersey.
ID type 10 Waste as defined by N.J.S.A. 7:26-2.12(G)(1)(1).
Clean dry newsprint; generally a daily or weekly edition along with any colored inserts such as comics or advertisements.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Added 5-2-05 by Ord. No. O-5-2005-019]
Soda and other bottles made from PETE (S.P.I. Code 1) and milk, water, laundry product and other bottles made from HDPE (S.P.I. code 2).
Stretch/shrink wrap, plastic shopping bags (for warehouses, retail establishments and supermarkets with 25 or more employees).
Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), Lithium Ion (Li-ion) and Small Sealed Lead (Pb).
The contract executed by and between the contractor and the Authority, pursuant to which the contractor shall provide recycling services for the County-Wide Recycling Program.
This chapter enacted by the municipality establishing the mandatory municipal recycling program implemented in accordance with the Solid Waste Management Act and the County Plan, as the same will be amended by the municipality to include the additional designated recyclables as set forth in Section 52-1.2 and as the same may be amended in the future from time to time for other purposes.
All of the duties, obligations, and services to be provided by the contractor that are related to the collection, transportation, separation, processing, storage, sale or disposition, or any combination thereof, of the Authority collected recyclables and the return of same to the economic mainstream in the form of raw materials or products.
Individual owners, lessees, tenants, and occupants that permanently reside at a residential dwelling in the municipality.
[Amended 5-3-2021 by Ord. No. O-4-2021-010]
Monies collected from the imposition of Resource Recovery Investment Tax (or any other successor tax or fund created for the same purpose) and allocated to the County in accordance with the provisions of the McEnroe amendments to the Solid Waste Management Act, N.J.S.A. 13:1e-135 et seq. and made available to the Authority for this purpose.
Food and beverage containers made of steel and either tin-plated or lacquer coated and including bimetal cans (ferrous cans with an aluminum top).
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
[Added 5-2-05 by Ord. No. O-5-2005-019]
A special bag provided by the Authority for the collection of textiles, or such other container to be designated by the Authority for such purpose.
Clean dry clothing or other fabric measuring at least one foot by one foot in size.
Rubber-based scrap automotive, truck, and equipment tires.
Discarded petroleum based or synthetic lubricating oil from automobile and other engines.
Washers, dryers, ranges, refrigerators, air conditioners. Note: all devices contain CFCs must be properly evacuated by licensed individuals and all CFCs recovered must be sent to an EPA approved reclaimer.
Unfinished lumber from new construction projects including pallets. Unfinished shall mean non-chemically treated (not pressure treated, impregnated with preservatives, insecticides, fungicides, creosote, or other chemicals, and not painted, resin-coated or otherwise surface treated, and not laminated or bonded; and not similarly altered from its natural condition). (For new construction sites only)
Leaves and grass clippings.
[Added 5-2-05 by Ord. No. O-5-2005-019]
The recycling program shall be overseen by the Director of Recycling. The Director is hereby authorized to establish and promulgate regulations as to the manner, days and time of such collections and the bundling, handling, location and time of placement of all materials for collection by the Township or any of its agents, servants, employees, or duly authorized recycling contractors. These regulations shall be subject to the advice and consent of the Mayor and Township Council and subject to the approval of the Township's recycling contractor, if applicable. The times, dates and manner of collection of recyclables shall be published periodically in a newspaper circulated in the Township or by posting notices in public places in the Township. The Director of Recycling may, upon advice and consent of the Mayor and Council, designate such subcode officials as deemed necessary and proper for the enforcement of these provisions.
There shall be a Recycling Coordinator who shall be under the direct supervision of the Director of Recycling and shall perform such duties as set forth in Section 52-1.4 and any other duties as may be deemed necessary. The Recycling Coordinator shall be primarily responsible for the enforcement of the laws and regulations with respect to recycling within the Township. The Recycling Coordinator shall be primarily responsible for promoting the Township's recycling laws and regulations. The Recycling Coordinator shall be responsible for establishing and implementing public education and public awareness programs which shall be consistent with state mandated recycling laws and regulations and shall also be consistent with laws and regulations of the County of Middlesex concerning recycling.
All owners, lessors, lessees, tenants, occupants and users of any real property, living accommodations, commercial enterprises or other facilities located within the Township including but not limited to all residential dwelling owners, lessors, lessees and occupants of residential dwellings, commercial establishments, industrial sites, manufacturing sites, office buildings, retail stores, restaurants, diners, taverns, catering facilities, beverage and food service establishments, guest houses, inns, hotels, motels, motor lodges, residence inns, cinemas, theaters, financial institutions, warehouses, junk yards, salvage recovery sites, firms, business, companies, nonprofit associations, organizations or institution, educational institutions, and governmental institutions shall be required to separate designated recyclable items from all other solid waste produced.
The Director of Recycling and/or the Recycling Coordinator shall issue regulations from time to time upon the advice and consent of the Mayor and Council and if applicable, upon the review and approval of any authorized recycling contractor, which regulations shall specify the time, location and procedure for disposal or recyclable items. Upon acceptance of the recycling regulations, the Recycling Coordinator shall notify the residents, businesses, associations, and organizations of the Township of these procedures and regulations as part of the public education and public awareness program consistent with the laws and regulations of the Township of Monroe, the County of Middlesex and the State of New Jersey.
It shall be unlawful for any individual, firm, entity, association, organization, business, corporation or company within the Township of Monroe to place or cause to be placed in any trash, rubbish and/or garbage receptacle for disposal at a landfill, resource recovery site or other garbage disposal site, any designated recyclables as defined in this chapter or in contravention of any requirements as may be mandated by the laws or regulations of the Township of Monroe, County of Middlesex or State of New Jersey.
All individuals, firms, entities, associations, organizations, businesses, corporations or companies shall separate designated recyclables from their trash, rubbish and/or garbage and place the designated recyclables in an appropriate receptacle and/or at an appropriate drop-off site as designated by the Director of Recycling, and/or the Recycling Coordinator for separate disposal by the Township of Monroe, or if applicable, the Township's designated recycling contractor.
The owner, lessee and/or occupant of any commercial or noncommercial structure, or any other resident within the Township of Monroe who shall place, for removal or collection, the following designated recyclables, shall conform with the following requirements and those set forth within the County Plan:
A.
Newspaper and clean corrugated cardboard shall be bundled separately and secured with string, rope or twine in bundles not exceeding 12 inches in height and shall not be contained in plastic bags.
B.
Glass containers, aluminum cans, steel cans and plastic containers shall be contained in commingled containers, or such other container designated by the Authority for such use.
C.
Glass containers, aluminum cans and plastic containers shall be thoroughly rinsed before disposal.
D.
Mixed paper shall be placed into the containers provided by the Authority.
E.
Textiles shall be placed in the textile bag provided by the Authority for such purpose.
A.
All multifamily dwellings including but not limited to apartment complexes, condominiums, garden apartments, townhouses, guest houses, hotels, motels, inns, residence inns and motor lodges, and all business sites, industrial sites, manufacturing sites, office buildings, retail stores, restaurants, taverns, cinemas, theaters, financial institutions, junk yards and/or salvage recovery sites shall be required to separate designated recyclables in separate receptacles for the collection of designated recyclables consistent with the laws and regulations of the Township of Monroe, County of Middlesex and State of New Jersey. There shall be separate receptacles for each item or group of items as mandated by the Township, unless written permission authorizing an exemption of the requirement for said receptacle is received from the Director of Recycling and/or the Recycling Coordinator.
B.
Except as otherwise provided herein, it shall be considered presumptive evidence that a violation of this section has occurred if no receptacle is provided for a designated recyclable or group of designated recyclables. Upon evidence to show that no receptacle has been provided for an item or grouping of items, the burden of proof shall shift to the alleged violator to establish proof of compliance with the mandatory recycling requirements of this section.
C.
Any residential, nonprofit association or organization, business, commercial and/or industrial establishment which contracts for recycling with an approved hauler other than the Township or the Township's designated recycling contractor shall be required to provide reports to the Recycling Coordinator at least every three months on the tonnage of materials recycled. Said reports shall include proof of the tonnages in the form of weight slips, bills of lading, or other such business records as deemed necessary by the Recycling Coordinator. In addition, the Recycling Coordinator shall require owners or operators of corporations or companies to issue notifications and collection rules to the residents, employees, or clientele of said corporation or company as deemed necessary. Said notifications shall be issued not less than every three months.
D.
All residents, owners, lessors, lessees, tenants, occupants and users of any real property, living accommodations, commercial enterprises or other facilities located within the municipality may deposit designated recyclables listed in § 52-2.3 at the Drop Off Center, which shall be bundled and cleaned in accordance with § 52-2.3. Residents shall use their personal automobiles to deposit the recyclable materials designated in this section at the Drop Off Center. Businesses or other organizations located within the municipality may use small commercial vehicles to deposit the recyclable materials designated in this section at the Drop Off Center. No tractor trailers or large commercial vehicles, including but not limited to dump trucks, will be permitted to deposit recyclables at the Drop Off Center. Anyone depositing recyclables at the Drop Off Center shall submit proof that they are a resident of the municipality, or own, operate, or are employed by a business, association, or organization located within the municipality.
[Added 5-3-2021 by Ord. No. O-4-2021-010]
Any nonprofit association or organization which wishes to collect any designated recyclable may request permission from the Director of Recycling and/or Recycling Coordinator. A nonprofit association or organization wishing to collect any recyclable item may request permission from the Director of Recycling and/or Recycling Coordinator. A nonprofit association or organization wishing permission to collect a recyclable item must identify the organization on whose behalf the request is being made, the proposed manner of collection (i.e., curbside, receptacle at a specific location, etc.) and must designate an individual who may be contacted by the Recycling Coordinator in the event further information is required. The Director of Recycling and/or Recycling Coordinator may approve or deny the nonprofit association or organization's request based upon the consistency or inconsistency with the laws and regulations of the Township of Monroe, County of Middlesex, State of New Jersey. It shall be a precondition of approval for any nonprofit association or organization, that said association or organization shall agree to provide the Recycling Coordinator or designated subcode official with data concerning the amount, quantity and/or weight of the materials collected at least every three months and enter into an agreement with the Township of Monroe to provide a clean and efficient recycling program. Any nonprofit association or organization failing to cooperate with the Recycling Coordinator may be subject to denial or revocation of permission to collect recyclable items in the Township of Monroe.
[Amended 5-3-2021 by Ord. No. O-4-2021-010]
From time of placement of a recyclable item in a designated drop-off receptacle or at the curb by any resident, business, association, and/or organization for collection by the Township or the Township's designated recycling contractor, such materials shall become the property of the Township and it shall be a violation of this section for any person, firm, organization, association, business or corporation, other than the Township, or any of its agents, servants, employees, or duly authorized recycling contractors to tamper with or to take or remove or convert to its own use in any way, such material. Each such tampering, removal and/or conversion in violation hereof from one or more receptacles and/or residents during the period shall constitute a separate and distinct offense.
[Added 5-2-05 by Ord. No. O-5-2005-019; amended 8-28-06 by Ord. No. O-8-2006-03]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is hereby prohibited. 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 section. 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 section.
[Added 5-2-05 by Ord. No. O-5-2005-019]
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
The purpose of this section to provide rules for the collection of bulky waste from residents of the municipality, and for the depositing of bulky waste by residents of the municipality at the municipality’s Drop Off Center.
The Department of Public Works shall offer to pick up bulky waste directly from residential dwellings in the municipality between April and October. Each residential dwelling in the municipality shall receive only one curbside collection of bulky waste each calendar year. Residents must make an appointment with the Department of Public Works to schedule the collection of bulky waste. All curbside collections of bulky waste are limited to the carrying capacity of one standard eight-foot bed pick-up truck.
A.
All deposits of bulky waste at the Drop Off Center are limited only to bulky waste generated by residents at their own residential dwellings in the municipality, and subject to all restrictions and limitations provided in this chapter.
B.
Any user of the Drop Off Center, when depositing bulky waste, must submit proof that they are a current resident of the municipality. Acceptable forms of proof include driver's license, voter registration card, or other government-issued photo identification card that clearly identifies that the individual currently resides at a residential dwelling in the municipality. The municipality's participation in any County-wide drop-off program will require proof of residency in Middlesex County for anyone depositing such materials.
C.
No bulky waste generated by commercial activities or business operations of any sort, including, but not limited to, retail stores, eateries, professional offices, real estate agencies, landlords, contractors, landscapers and agricultural business enterprises, shall be permitted to be deposited at the Drop Off Center.
A.
Residents may deposit bulky waste at the Drop Off Center using only their personal automobile bearing general registration plates. Commercial vehicles of any kind are not permitted to deposit bulky waste at the Drop Off Center.
B.
The Department of Public Works shall limit the number of trips that each resident shall make to deposit bulky waste at the Drop Off Center as follows:
(1)
Resident's personal automobile with up to four-foot-by-eight-foot storage capacity: there shall be no limit to the number of trips such vehicles can make to the Drop Off Center.
(2)
Resident's personal noncommercial pick-up truck with more than four-foot-by-eight-foot storage capacity, or a resident's noncommercial trailer: the resident's dwelling shall be limited to two such trips per quarter to the Drop Off Center.
C.
Under extenuating circumstances within reason, the Director of Public Works or his/her designee has the authority to allow reasonable deviations from the limitations in this section.
[Amended 5-2-05 by Ord. No. O-5-2005-019]
A.
The Recycling Coordinator of the Township of Monroe is hereby appointed the Enforcement Officer of this Code. The Recycling Coordinator shall have the authority to issue "Notice of Warnings" and "Notice of Violations and Order to Pay Penalties," pursuant to this section.
B.
Any firm, entity, organization, association, business, corporation or company found to have violated any of the provisions in this chapter shall be fined not less than $50 nor more than $500.
[Amended 5-3-2021 by Ord. No. O-4-2021-010]
C.
Any residential property owner found to have violated any of the provisions in this chapter shall be fined not more than $25.
[Amended 5-3-2021 by Ord. No. O-4-2021-010]
If any section, paragraph, subsection, clause or provision of this chapter shall be adjudged by the Courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged and the remainder of this chapter shall be deemed valid and effective.
All sections of the Township Code which contain provisions contrary to the provisions of this chapter shall be and are hereby repealed. This chapter shall be a substitute for and be included as Chapter 52 of the Code of the Township of Monroe.
This chapter may be amended from time to time by the governing body after the appropriate referrals, notices, hearings and other requirements of law.
This chapter shall take effective immediately upon adoption and publication according to law.