[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]
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.
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.
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.
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.
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.
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.
Shall mean all garbage and rubbish normally produced by occupants
of residential, commercial, industrial property and disposed of by
private or public pickup.
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:
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:
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.
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.
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.
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.
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.
Shall mean a receptacle, container or bag suitable for the
depositing of solid waste.
Shall mean the storage, treatment, utilization, processing
or final disposal of solid waste.
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.
