[1982 Code § 51-1]
The collection, removal and disposal of ashes, garbage and other
refuse in this Borough shall be undertaken and provided for by the
Council at the general public's expense.
[1982 Code § 51-2]
The Council, being of the opinion that it is more advantageous
for this Borough to have the ashes, garbage and other refuse collected
and removed and disposed of by persons other than the authorities
of the Borough, is hereby authorized to make a contract or contracts
with any individual or individuals or corporation or corporations
for the collection, removal and disposal of ashes, garbage and other
refuse in this Borough in a sanitary and inoffensive manner as provided
by law and in accordance with the specifications as follows:
a.
Collection of such ashes, garbage and other refuse shall be made
each week on such days and during such hours as may be determined
upon and specified by resolution of Council before the making of contract
or contracts hereunder authorized to be made.
b.
Such ashes, garbage or other refuse matter shall be collected from
the front curbline of premises in this Borough from which the same
is to be removed.
c.
All ashes, garbage and refuse placed at the curbline on street or
streets shall be required to be drained of water or other liquid substance
and wrapped in substantial paper or placed in wooden, metal or plastic
containers, and all such packages or containers shall be of a size
permitting the same to be conveniently handled by one man.
[1982 Code § 51-3]
Such contract or contracts shall be entered into and made only
after bids therefor shall have been advertised for in one or more
newspapers published or circulating in this Borough, at least 10 days
prior thereto, and then only with the lowest responsible bidder or
bidders who shall give satisfactory bonds or security for the faithful
performance of the work.
[1]
Editor's Note: Prior ordinance history includes portions
of 1982 Code § 71-1 -71-3 and Ordinance Nos. 448 and 454.
[Ord. No. 891]
a.
It is the intent of this section to provide for a municipal program
of recycling, to limit the materials included in a regular municipal
garbage collection to comply with the New Jersey Mandatory Source
Separation and Recycling Act and the Hunterdon County Recycling Plan
and to provide for penalties and violations of this section.
b.
COUNTY
DESIGNATED RECYCLABLE MATERIALS
MUNICIPAL RECYCLING COORDINATOR
MUNICIPAL SOLID WASTE (MSW) STREAM
NONRESIDENTIAL ESTABLISHMENT
RECYCLABLE MATERIAL
RESIDENTIAL DWELLING
RESIDENTIAL DWELLING COMPLEX
SOURCE SEPARATION
SOURCE-SEPARATED RECYCLABLE MATERIALS
Definitions.
Shall mean the implementing agency for the Hunterdon County
Solid Waste Management Plan, the Hunterdon County Utilities Authority.
Shall mean those materials designated within the Hunterdon
County District Solid Waste Management Plan to be source separated
for the purpose of recycling. These materials are included in Appendix
A. (Appendix A may be found as an attachment to this chapter.)
Shall mean the person or persons appointed by the municipal
governing body who shall be authorized to enforce the provisions of
this section, and any rules and regulations which may be promulgated
hereunder.
Shall mean all solid waste generated at residential, commercial,
and institutional establishments within the Borough of Frenchtown.
Shall mean all entities, including but not limited to all
commercial, industrial or institutional establishments, which operate
or conduct any business whatsoever which cannot be included within
in the definitions of a residential premises or complex.
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;
Shall mean any building or structure, or complex of buildings
in which less than three 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).
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.);
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.
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. 891]
a.
In order to carry out the requirements of the New Jersey Mandatory
Source Separation and Recycling Act ("Act") and the Hunterdon County
Recycling Plan ("Plan"), the position of Municipal Recycling Coordinator
is hereby established. The Municipal Recycling Coordinator shall be
responsible for compliance with said Act, Plan and applicable Borough
regulations.
b.
The Municipal Recycling Coordinator will be annually appointed by
the Borough Council and will serve a term of one year.
c.
The Recycling Coordinator will report to the Governing Body or its
designee at least once annually on the status of the Municipal Recycling
Program, and shall from time to time advise and make recommendations
as to how the requirements set forth in this section may be effectuated.
d.
The Municipal Recycling Coordinator will attend all Municipal Recycling
Coordinator meetings as designated by the Governing Body. This includes
meetings that are conducted by the State, the County or other appropriate
organizations.
e.
The Municipal Recycling Coordinator shall promote the Municipal Recycling
Program by educating citizens, businesses, institutions and organizations
of the need to participate in the Municipal Recycling Program and
shall explain to citizens, businesses, institutions and organizations
the provisions of the mandatory recycling ordinance and assist in
the enforcement thereof.
[Ord. No. 891]
a.
It shall be mandatory for all persons who are owners, tenants, or
occupants of residential and nonresidential premises, which nonresidential
premises shall include, but not be limited to, retail and other commercial
locations, as well as government, schools and other institutional
locations within the Borough, 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
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 the Borough of Frenchtown
or alternatively, as established by privately operated solid waste
management companies with whom the resident or business has contracted.
b.
Each category of recyclable material must be prepared for collection
as specified in Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
c.
Every owner and/or occupant of residential or nonresidential premises
must contract for the removal and disposition of recyclable materials
as set forth in this section from a private contractor, unless the
municipality, in its discretion, determines to provide for the collection
of designated recyclable materials. Residential recycling contracts
must comply with the provisions of this section and must further provide
for not less than monthly pickup.
d.
In the event that a municipal, County or State facility, accepts
mandatory recyclable material as set forth in this section, the residential
and/or nonresidential owner or occupant may utilize such facility,
to the extent permitted by the owner or operator of such facility.
[Ord. No. 891]
a.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this section. For multifamily units,
the owner is responsible for setting up and maintaining a 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 occupant.
In instances where the violator is not easily identifiable, violations
and penalty notices will be directed to the owner. The owner shall
issue notification and collection rules to occupants when they arrive
and at least twice annually during their occupancy.
b.
Failure of occupant(s) and/or owner(s) of any residential property
to abide by the rules and regulations of this section may result in
fines of not less than $25 nor more than $50 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Recycling
Coordinator or other enforcement officer shall issue at least one
warning to any occupant who is in violation of this section, which
warning shall include educational information regarding proper procedures
for recycling.
[Ord. No. 891]
a.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this section. Unless the municipality
provides for the collection of designated recyclable materials, the
owner of each residential complex is responsible for providing a recycling
depot for the entire complex. The depot shall be equipped with owner
or contractor supplied receptacles for each category of designated
recyclable material.
b.
Failure of an occupant within a residential complex to comply with
the requirements of this section may result in fines of not less than
$25 nor more than $50 for each month of noncompliance.
c.
The owner shall issue notification and collection rules to new tenants
when they arrive.
d.
Unless the municipality provides for the collection of designated
recyclable materials, the owner of each residential complex shall
report to the Municipal Recycling Coordinator by February 15 of each
year, the recycling activity of the prior year. The report shall include
the amount of recycled material by material type and the vendor or
vendors providing recycling service. The information must be supplied
to the Municipal Recycling Coordinator and directed to the attention
of the Municipal Recycling Coordinator by name and address. The County
must also be copied on this information.
e.
Failure of an owner to abide by the rules and regulations of this
section may result in fines of up to $50 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue at
least one warning to the owner who is in violation of this section.
The warning shall include educational information regarding proper
procedures for recycling including instruction as to how the owner
can reasonably provide adequate recycling facilities to ensure compliance
with this section.
[Ord. No. 891]
a.
Commercial, industrial and institutional establishments are defined
as all entities which operate or conduct any business whatsoever which
cannot be included within the definitions of residential dwelling
or complex.
b.
All commercial, industrial and institutional generators of solid
waste shall be required to comply with the provisions of this section.
c.
Unless the property owner or municipality provides for the collection
of designated recyclable materials, arrangement for collection of
designated recyclables shall be the responsibility of the commercial,
institutional or industrial occupant. All commercial, institutional
and industrial property owners which provide outdoor litter and recycling
receptacles and disposal service for their contents shall provide
receptacles for designated recyclable materials, for those materials
commonly deposited, in the location of the litter receptacle, and
shall provide for separate recycling service for their contents.
d.
Unless the property owner or municipality provides for the collection
of designated recyclable materials, every occupant of a commercial,
industrial or institutional facility or their designee (including
solid waste and recycling transporters) shall cooperate in communicating
recycling activity. Such communication shall include reporting to
the Municipal Recycling Coordinator by February 15 of each year, the
occupant's recycling activity of the prior year. The report shall
include the amount of recycled material by material type and the vendor
or vendors providing recycling service. The information must be supplied
to the Municipal Recycling Coordinator and directed to the attention
of the Municipal Recycling Coordinator by name and address. The County
must also be copied on this information.
e.
If the property owner provides recycling collection services for
the occupants of the property, the owner or their designee (including
solid waste and recycling transporters) shall cooperate in communicating
recycling activity. Such communication shall include reporting to
the Municipal Recycling Coordinator by February 15 of each year, the
recycling activity on the property in the prior year. The report shall
include the amount of recycled material by material type and the vendor
or vendors providing recycling service. The information must be supplied
to the Municipal Recycling Coordinator and directed to the attention
of the Municipal Recycling Coordinator by name and address. The County
must also be copied on this information.
f.
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 required,
for inspection by any Code Enforcement Officer.
g.
Failure of a commercial, industrial or institutional occupant or
owner to abide by the rules and regulations of this section may be
fined not less than $50 nor more than $100 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue at
least one warning to any commercial, industrial or institutional establishment
which is in violation of this section, which warning shall include
educational information regarding proper procedures for recycling.
[Ord. No. 891]
a.
Any application to the Planning Board of the Borough of Frenchtown,
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
utilizing 1,000 square feet or more of land, must include a recycling
plan. This plan must contain, at a minimum, the following:
1.
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
2.
Locations documented on the application's site plan that provide
for 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 Municipal Recycling Coordinator.
b.
Prior to the issuance of a certificate of occupancy by the Borough
of Frenchtown, 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.
c.
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. 891]
a.
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.
b.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this section and the local sanitary
code.
c.
Once placed in the location for collection, no person, other than
those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle solid waste or designated recyclable materials.
d.
Failure of a solid waste collector to abide by the rules and regulations
of this section may result in a fine of not less than $50 nor more
than $1,000. Prior to taking enforcement action pursuant to this subsection,
the Municipal Recycling Coordinator or other enforcement officer shall
issue at least one warning to any commercial, industrial or institutional
establishment that is in violation of this subsection, which warning
shall include educational information regarding proper procedures
for recycling.
[Ord. No. 891]
a.
A minimum of once a year or when necessary to reflect program or
regulatory modifications, all solid waste transporters shall notify
all customers:
1.
What materials are designated to be source separated from solid waste
and must be recycled in Hunterdon County and that these items are
prohibited in solid waste.
2.
That discovery of designated recyclable items in solid waste may
result in the waste not being collected and that the generator is
subject to a monetary fine.
3.
That solid waste transporters are prohibited by law from collecting
solid waste containing mandated recyclable materials.
4.
That documentation of proof of solid waste and recycling collection
service must be maintained and that this documentation must be made
available to the property owner, municipality or County upon request.
b.
No later than February 15 of each year, all solid waste companies
will provide a detailed report of all recycling activities to all
commercial and institutional solid waste customers. The report will
include a breakdown of the materials collected for recycling, the
total weight of each material collected for recycling and the recycling
market for each of the materials collected. The information must be
supplied to the Municipal Recycling Coordinator and directed to the
attention of the Municipal Recycling Coordinator by name and address.
The County must also be copied on this information.
c.
No later than February 15 of each year, all solid waste transporters
will provide each municipality and the County with a summarization
of recycling activity in that municipality including totals of all
residential, commercial and institutional recycling. The report will
include a breakdown of the materials collected for recycling, the
total weight of each material collected for recycling and the recycling
market for each of the materials collected. The information must be
supplied to the Municipal Recycling Coordinator and directed to the
attention of the Municipal Recycling Coordinator by name and address.
The County must also be copied on this information.
d.
Failure of the solid waste transporter to comply with the provisions
of this amendment to the Solid Waste Management Plan and pertinent
municipal recycling ordinance shall constitute a violation and subject
the solid waste transporters to those penalties as prescribed in the
pertinent municipal recycling ordinance and State recycling regulations.
[Ord. No. 891]
Unless the solid waste and recycling collection services have
otherwise been provided for by the municipality, pursuant to N.J.S.A.
40:66-5.1, all residential, commercial, industrial and institutional
generators of solid waste must, upon request by the municipality,
supply proof that solid waste and recycling collection services have
been contracted by the generator. The information requested for proof
of service may include provision of weight receipts or billing statements.
The procedure by which the municipality may request receipts or other
documentation must be detailed in a process approved by the Governing
Body of the Municipal Recycling Coordinator.
[Ord. No. 891]
The Municipal Recycling Coordinator or other person(s) so designated
by the Governing Body are hereby individually and severally empowered
to enforce the provisions of this section.
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 solely for the expenses of the municipal recycling
program.
[Ord. No. 891]
In the event that it is determined, by a Court of competent
jurisdiction, that any provision or subsection of this section is
unconstitutional, all other subsections and provisions shall remain
in effect. This section shall take effect immediately, unless otherwise
provided by Resolution of the Governing Body.
[Ord. No. 891]
This section shall take effect immediately upon final passage
and publication according to law.
