[1978 Code § 10-101; Ord. # 9/2/82]
As used in this Chapter:
DANGEROUS MATTER
Shall include flammable liquids, flammable solids, oxidizing
materials, corrosive liquids, compressed gases, poisonous substances,
explosives, radioactive materials and any other dangerous matter.
It does not include domestic refuse.
a. CORROSIVE LIQUIDS – Shall mean those acids, alkaline caustic
liquids which, when in contact with living tissue cause chemical action,
or are liable to cause fire when in contact with organic matter or
with certain chemicals.
b. FLAMMABLE LIQUIDS – Shall mean any liquid which gives off flammable
vapors (as determined by flash point from Tagliabue's open cup
tester, as used for test of burning oils) at or below a temperature
of 80 degrees Fahrenheit (80° F.).
c. FLAMMABLE SOLIDS – Shall mean a solid substance other than
one classified as an explosive which is liable to cause fires through
friction, absorption of moisture, spontaneous chemical change or as
a result of retained heat from manufacturing or processing.
d. OXIDIZING MATERIAL – Shall mean a substance such as a chlorate
permanganate, peroxide or a nitrate that yields oxygen readily to
stimulate the combustion of organic matter.
e. COMPRESSED GAS – Shall mean any material or mixture having
in the container either an absolute pressure exceeding 40 pounds per
square inch at 70 degrees Fahrenheit (70° F.) or an absolute pressure
exceeding 130 degrees Fahrenheit (130° F.), or both, or any liquid
flammable material having a Reid vapor pressure exceeding 40 pounds
per square inch absolute at 100 degrees Fahrenheit (100° F.).
(American Society for Testing Materials Method of Test for Vapor Pressure
of Petroleum Products (d323))
f. POISONOUS SUBSTANCES – Shall mean liquids and gases of such
nature that a very small amount of the gas, or vapor of the liquid,
mixed with air is dangerous to life; or such liquid or solid substance
as upon contact with fire or when exposed to air give off dangerous
or intensely irritating fumes; or substances which are chiefly dangerous
by internal contact with the body or by being taken internally.
g. RADIOACTIVE MATERIAL – Shall mean any material or combination
of materials that spontaneously emit ionizing radiation.
h. ANY OTHER POLLUTING MATTER – Shall mean industrial liquid waste
or waste chemicals, human or animal excrement, the leaking, leaching
or percolation of which into any well, spring, stream, lake or any
body of water or aquifer will cause or threaten degradation of water
quality resulting in damage to the adequate community or wildlife
in and adjacent to the affected water body.
DOMESTIC REFUSE
Shall mean refuse generated by households, as distinguished
from industrial refuse and waste by-products resulting from the manufacturing
process.
PERMIT
Shall mean the Hope Solid Waste Disposal permit.
PERSON
Shall include person or persons, partnership, firm, association
or corporation.
SOLID WASTE DISPOSAL FACILITY (SWDF)
Shall be considered as any area or facility established by
the Hope Township Committee, marked and designated as a place for
the disposal of domestic solid waste materials. Facilities include
dumpsters, compactors or containers which are owned, leased, under
contract or license to the Township.
WASTE MATERIALS
Shall mean anything, material or solid deposited or to be
deposited in a Hope Township SWDF.
[1978 Code § 10-102; Ord. # 9/2/82]
The Township Committee shall be empowered from time to time
to designate areas or receptacles, which it may lease, purchase or
accept by gift or take by condemnation as shall be required for use
as a SWDF.
[1978 Code § 10-103; Ord. # 9/2/82]
The Township of Hope shall operate SWDF's pursuant to this
section, regulations thereto and other governmental requirements.
[1978 Code § 10-104; Ord. # 9/2/82]
Regulations as to time of operation, type of waste materials
accepted, issuance of permits, supervision of collection not consistent
with this section shall be promulgated by the Township Committee.
Such regulations or amendments thereto shall be published at least
once in the official newspaper and posted at the Township Bulletin
Board.
[1978 Code § 10-105; Ord. # 9/2/82]
SWDF permit shall be issued annually to applicants who are residents
of Hope Township. A one hundred and four ($104.00) dollar administration
fee shall accompany each application. The Township Committee or any
municipal, regional or Superior Court Judge may revoke permits for
violation of this section or regulations promulgated thereto.
[1978 Code § 10-106; Ord. # 9/2/82]
No waste materials originating outside of the Township of Hope
shall be placed or deposited in any Hope SWDF.
[1978 Code § 10-107; Ord. # 9/2/82]
Waste materials shall be disposed of in Hope Township SWDF's
only by permit holders and only in designated areas of the SWDF and
only at times designated in regulation of the Township Committee when
SWDF is open to permit holders.
[1978 Code § 10-108; Ord. # 9/2/82]
Prior to depositing waste materials, permit holders shall enter
or approach the SWDF via designated access.
[1978 Code § 10-109; Ord. # 9/2/82]
No person shall dump or dispose of, in any SWDF with the Township
of Hope, any dangerous matter, as herein defined.
[1978 Code § 10-110; Ord. # 9/2/82]
It shall be unlawful for any person or persons to reach into
or enter upon any SWDF for the purpose of sorting, picking from or
removing therefrom any materials deposited. No person shall sort,
pick or remove materials from any SWDF.
[1978 Code § 10-111; Ord. # 9/2/82]
All waste which are subject to be blown about by winds shall
be so packed, contained or bundled so that the same shall not be liable
to be spread by winds.
[1978 Code § 10-112; Ord. # 9/2/82: New]
Any person violating any subsection of this section or any rule or regulation hereto shall be punished by a maximum punishment of $1,000 fine and six months in the County jail and a minimum punishment of $100 fine, in addition to action pursuant to subsection
10-1.5.
[Ord. #89-07, § II; Ord. #10-05, § 3]
a. On and after January 1, 1989, it shall be mandatory for all persons
who are owners, lessees and occupants of residential property, to
separate glass bottles, jars, aluminum cans, tin and bimetal cans,
plastic beverage containers, and newspapers as hereinafter defined
from all other solid waste reproduced by such residents for collection
and ultimate recycling of said material.
b. On and after January 1, 1989, it shall be mandatory for all owners,
lessees and occupants of business and industrial property and of private,
public and government institutions and buildings to separate glass
bottles, jars, aluminum cans, tin and bimetal cans, plastic beverage
containers and newspaper from all other solid waste produced by such
residents for collection and ultimate recycling of said materials.
c. On and after the adoption of this section, and in accordance with
existing State regulations, (N.J.A.C. 14A:3-11), all service stations,
oil retailers and motor vehicle re-inspection stations with "used
oil holding tanks" shall accept used motor oil from individuals changing
oil from cars, lawn mowers or motorcycles and shall post a sign information
the public that they are a "Used Oil Collection Site."
d. This paragraph shall incorporate by reference all amendments to the
Warren County, State of New Jersey and Federal recycling regulations
and shall incorporate N.J.A.C. 7:26a-11.4 as amended. The purpose
of this section is to assure that all site plans and subdivisions
approved by the Township of Hope Planning Board and Zoning Board of
Adjustment shall incorporate mandatory recycling programs as well
as such other rules and regulations as may be required by County,
State and Federal regulations.
[Ord. #89-07, § II]
SOLID WASTE
Shall include all garbage and rubbish normally produced by
the occupants of commercial, industrial and residential property and
disposed of by private or public pick up.
ALUMINUM
Shall include all disposable items made from aluminum including
aluminum containers used for soda, beer or other beverages, foil wrappers,
containers for prepared foods, screen frames, doors and lawn chairs.
GLASS
Shall include all products made from silica or sand, ash
and limestone; the product being transparent or translucent and being
used for packaging or bottling of various matters excluding however,
blue or flat glass commonly known as window glass.
TIN CANS
Shall include all products made from tin plate, a soft faintly
bluish-white lustrous low-melting crystalline metallic element and
being used for cans, boxes or other vessels made from tinplate.
BIMETAL
Shall include all products made from two different metals
and being used for cans, boxes or other vessels which are non-aluminum,
excluding all aerosol cans.
PLASTIC BEVERAGE CONTAINERS
Include products made from either Poly-Ethylene Terephthalate
or high density Poly-Ethylene and being used for bottles that contain
milk and soda or other beverages contained within such containers.
NEWSPAPERS
Shall include all size products made from cheap machine finished
paper made chiefly from wood pulp and being used mostly for newspapers.
High gloss, printed materials that incorporate the use of glue for
bindings or staples are not acceptable.
[Ord. #89-07, § III]
a. The position of Recycling Coordinator is hereby created and established
within the Township of Hope.
b. The Recycling Coordinator shall be appointed by the Hope Township
Committee for a term of one year expiring December 31st of each year.
The term of the person first appointed as Recycling Coordinator shall
expire December 31st of the year of that person's appointment.
c. The Recycling Coordinator subject to the approval of the Hope Township
Committee, shall establish and promulgate reasonable Rules and Regulations
as to the manner, days and times for the collection, sorting, transportation,
sale and/or marketing of said recyclable material in order to encourage
the preservation of material resources while minimizing the cost of
the recycling program to the Township of Hope.
[Ord. #89-07, § IV]
The Hope Township Committee may use municipal personnel to collect
recyclable material set forth herein at curbside and/or from a drop-off
center and shall sell said recyclable material if a market exists
therefor pursuant to N.J.S.A. 40 A:11-1 et seq.
The Hope Township Committee may elect to enter into agreement
with qualified persons or corporations authorizing them to collect
said recyclable material provided the amount of money realized exceeds
the cost of collection.
[Ord. #89-07, § V]
Recyclable material as defined herein shall be the property
of Hope Township once placed on the curbside or brought to a drop-off
center. It shall be a violation of this section for any person unauthorized
by the Hope Township Committee to pick up or cause to be picked up,
said recyclable material as defined herein. Each collection in violation
hereof, shall constitute a separate and distinct offense punishable
as hereinafter provided.
[Ord. #89-07 § VI]
Anything herein to the contrary, notwithstanding any person,
partnership or corporation who is owner, lessee or occupant of a residential
or nonresidential property, may donate or sell said recyclable material
as defined herein, to any person, civic group, partnership or corporation
whether or not operating for profit. Said person, civic group, partnership
or corporation however, shall not pick up said recyclable materials
at curbside or at a drop-off center.
[Ord. #89-07, § VII]
Any person, firm or corporation who violates or neglects to comply with any provision of the section or any rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof, by a fine not to exceed $500 or up to 90 days in jail or both except that the maximum fine or penalty for failure to comply with subsection
10-2.1, paragraphs a and b thereof, or any rule or regulation promulgated pursuant thereto, shall not exceed $50. As an alternate penalty, a convicted person may be ordered to perform community services in the recycling program for a period not to exceed 90 days. Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
[Ord. #89-07, § VIII]
Periodic inspections of solid waste as defined herein, will
be conducted by a designated officer appointed by the Hope Township
Committee to determine if the contents of said solid waste include
recyclable material. Inspections will be made no fewer than three
inspections per route per month.
If upon inspection, it has been determined that a resident's trash contains any recyclable material as stated herein, within the trash container, said container will be labeled with an encouragement tag and left at the curbside. If a resident continues to violate this section after receiving three notifications and there has been a serious effort on the part of the township at encouragement, then the last resort, the resident will be issued a summons and subsequently fined for noncompliance as stated herein under subsection
10-2.7, Violations and Penalties.