Township of Millstone, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 86-20, 87-12, 93-15, 95-27, 97-08, 97-22 and 00-07.
[Ord. No. 10-01, § I]
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 the existing rules and regulations for the separation, storage, collection and recovery of designated recyclable materials.
[Ord. No. 10-01, § I]
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.
CLEAN MIXED PAPER
Shall mean high grade bond paper, mixed office and school papers, such as stationary, 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.
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.
GLASS BOTTLES AND JARS
Shall mean transparent or translucent containers made from silica or sand, soda ash and limestone, used for the packaging of bottling of various products. Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.
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 of paper mache projects, or used for cleanup of pet waste.
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.
SOLID WASTE
Shall mean all garbage and rubbish normally produced by occupants of residential, commercial, industrial property and disposed of by private or public pickup.
TIN AND BIMETAL 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.
[Ord. No. 10-01, § I]
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 bimetal 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.
b. 
Residences, businesses and institutions provided with recyclables collection services by Township 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 Township.
c. 
Any multifamily complex, business or institution not provided recyclables collection service by Township forces or through municipal contract shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables.
d. 
Any multifamily complex, business or institution which is not provided recyclables collection services by Township forces or through municipal contract shall provide the Township 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 pickup service, the name and address of any contractor hired to provide such service, and phone and other contract 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 Township. 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, scrap yards, or public-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. 10-01, § I]
a. 
All designated recyclables become the property of the Township and/or the contracted collector once placed at the curbside, in a container provided by the contractor, or brought to and accepted at the Township Recycling Center.
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. 10-01, § I]
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. 10-01, § I]
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, roll-off 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. 10-01, § I]
a. 
The Township 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. 10-01, § I]
a. 
The position of Recycling Coordinator is hereby created and established within the Township, to be appointed by the Township Committee, for a term of one year expiring December 31st of each year.
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 Township Committee on the implementation and enforcement of the provisions of this ordinance, and such other reports and activities as may be requested by the Township Committee.
c. 
The Recycling Coordinator shall 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. 10-01, § I]
a. 
The duly appointed Municipal Recycling Coordinator, the Municipal Code Enforcement Officer and the Monmouth County Health Department 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. 10-01, § I]
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 to $100.
2. 
For a second offense — $50 to $250.
3. 
For a third offense — $100 to $1,500 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 noncompliance 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. 91-15]
As used in this section:
PROOF OF COLLECTION SERVICE
Shall mean a written record, log, bill or document evidencing receipt of service for the collection of solid waste for the preceding month from a person lawfully engaging in private solid waste collection services within the Township.
REGULAR SOLID WASTE COLLECTION SERVICE
Shall mean the scheduled pick-up and removal of solid waste from residential, commercial or institutional premises located within the boundaries of the Township at least once a week.
RESPONSIBLE SOLID WASTE GENERATOR
Shall mean any property owner, tenant or occupant of any single-family residential dwelling or multiple dwelling, or the owner of any commercial or institutional building or structure located within the boundaries of the Township, who generates solid waste at those premises.
SOLID WASTE
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.
SOLID WASTE COLLECTION
Shall mean the activity related to pick-up and transportation of solid waste from its source or location to a solid waste facility or other destination.
SOLID WASTE CONTAINER
Shall mean a receptacle, container or bag suitable for the depositing of solid waste.
SOLID WASTE DISPOSAL
Shall mean the storage, treatment, utilization, processing or final disposal of solid waste.
SOLID WASTE FACILITIES
Shall mean and include the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by any person pursuant to the provisions of this or any other Act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real or personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.
[Ord. No. 91-15]
a. 
In the case of single family and multifamily residential housing, each responsible solid waste generator shall, if he or she has not already done so, enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the Township. Any such responsible solid waste generator who is transporting the solid waste which is generated at his residential premises directly to the solid waste facility utilized by the Township for disposal shall be exempt from this requirement. In the case of multifamily residential housing, it shall be the responsibility of the owner of the multiple dwelling to provide a sufficient number of appropriate solid waste containers for the deposit of non-recyclable waste materials to be disposed of as solid waste.
b. 
Any responsible solid waste generator at any commercial or institutional building or structure shall enter into a contract with any person lawfully providing private solid waste collection services within the Township.
c. 
In the case of a responsible solid waste generator, within the municipality, who is transporting the solid waste which is generated at his residential premises directly to the solid waste facility utilized by the Township for disposal, every such responsible solid waste generator shall furnish proof that he or she is transporting the solid waste which is generated at his residential premises directly to the solid waste facility utilized by the Township for disposal to the Township Committee at least once every 12 months. In order to fulfill the requirements of this section, the responsible solid waste generator may include the proof of service with the municipal tax payment mailed to the municipal Tax Collector.
[Ord. No. 91-15]
For a violation of any provision of this section, upon conviction, the maximum penalty shall be that penalty stated in Chapter 1, Section 1-5.