[1979 Code § 80-1]
It shall be unlawful in the Township of Green for any person, firm or corporation to throw, cast or place any garbage, wastepaper, ashes, sewage, refuse, junk, rubbish, circulars, glasses, bottles, cans, dead animals or any other type of waste matter on any property and streets, public or private, within the limits of the Township of Green, except in such areas as may be officially designated and licensed for dumping by the Township Committee of the Township of Green.
[1979 Code § 80-2]
It shall be unlawful in the Township for any person not residing in the Township and any firm or corporation to dump any waste matter, as set forth in subsection 16-1.1 above, in, on or upon such licensed dump without first securing permission from the Board of Health.
[1979 Code § 80-3]
It shall be unlawful in the Township for any person, to throw, cast or place any waste matter, as mentioned in subsection 16-1.1 above, originating from beyond and outside of the limits of the Township of Green in or upon any licensed dump without first securing permission from the Board of Health.
[1979 Code § 80-4]
The Board of Health, by resolution, shall designate or appoint the officer or officers to issue permits provided for herein and to enforce this section.
[1979 Code § 80-5; New]
[1979 Code § 80-7]
No person shall be permitted to transport from any other municipality and to dump acids; effluent, both human and animal matter and organisms; and any and all noxious and offensive matter, both poisonous and nonpoisonous in and on property, streams and rivers within the confines of the Township.
[1979 Code § 80-8; New]
Editor's Note: Prior ordinance history includes portions of §§ 78-1 — 78-8 and Ordinance Nos. 10-88 and 4-89.
[Ord. No. 09-13 § 16-3.1]
As used in this article, the following terms shall have the meanings indicated:
- Shall mean a combining of nonputrescible source-separated recyclable materials for the purpose of recycling;
- DESIGNATED RECYCLABLE MATERIALS
- Shall mean those materials designated within the Sussex County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
- (As defined by the Sussex County Solid Waste Management Plan - Residential Generators)
- MULTI-FAMILY DWELLING
- Shall mean any building or structure, or complex of buildings in which three 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. 76 (C.55: 13A-1 et seq.);
- MUNICIPAL RECYCLING COORDINATOR/FIELD
- 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 RECYCLING COORDINATOR/OFFICE
- Shall mean the person or persons appointed by the Municipal Governing Body and who shall be authorized to among other things, prepare and process all paperwork and reports associated with source separation and recycling.
- MUNICIPALS SOLID WASTE (MSW) STREAM
- Shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township of Green.
- 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.
- 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 purposes of recycling.
- SOURCE-SEPARATED RECYCLABLE MATERIAL
- Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
[Ord. No. 09-13 § 16-3.2]
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 Green, 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 may be hereinafter established by regulations promulgated by Green Township.
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 ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials only 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 Recycling Coordinator/Office 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/Office of the total number of tons collected and recycled for each designated material.
[Ord. No. 09-13 § 16-3.3]
The collection of recyclable material shall be in the manner prescribed in the current solid waste haulers' contract. The recycling calendar, distributed to all taxpayers by the Recycling Coordinator by December 15 each year for the following year, will detail the specifics.
Editor's Note: Approved by County Recycling Coordinator.
[Ord. No. 09-13 § 16-3.4]
The owner of any property shall be responsible for compliance with this section. The management or owner of multi-family units 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 or owner shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Ord. No. 09-13 § 16-3.5]
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.
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 municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties, which provide out-of-doors litter receptacles and disposal service for their contents, shall also provide receptacles for designated recyclable materials for the contents commonly deposited in those litter receptacles and shall provide for separate recycling service for their contents.
Every business, institution, or industrial facility shall issue a report on an annual basis to the Recycling Coordinator/Office, on such forms as may be prescribed, detailing recycling activities at their premises, including the amount and type of recycled material collected and recycled and the vendor(s) providing recycling service.
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. 09-13 § 16-3.6]
Any application to the planning board of the Township of Green, for subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development. (Note: A calculation of average amounts of materials generated from similar facilities in the County may be provided to satisfy this requirement); and
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 Township Engineer in consultation with the Recycling Coordinator/Field.
Prior to the issuance of a Certificate of Occupancy by the Township of Green, the owner of any new multi-family 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 municipality does not otherwise provide this service.
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. 09-13 § 16-3.7]
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.
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing nonsegregated solid waste and recyclables to accumulate will be considered a violation of this section and the local sanitary code (see Section BH2-1).
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 municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
[Ord. No. 09-13 § 16-3.8]
The Zoning Official, the Board of Health, the Recycling Coordinator/Field and the Sussex 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 the presence of any recyclable material.
[Ord. No. 09-13 § 16-3.9]
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 not less than $250 nor more than $1,000. Each day for which a violation of this section occurs shall be considered a separate offence.
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 municipal recycling program, including purchase of containers for distribution or collection, educational materials, inspection costs, or the cost of compensation for Recycling Coordinator services.
[Ord. No. 09-13 § 16-3.10]
In the event that it is determined, by a Court of competent jurisdiction, that any provision or section of this section is unconstitutional, all other sections and provisions shall remain in effect.
[Ord. No. 09-13 § 16-3.11]
This section shall take effect immediately unless otherwise provided by resolution of the Governing Body.