[Ord. No. 09-21 § 1]
a. 
As used in this section, the following terms shall have the meanings indicated:
COMMINGLED
Shall mean a combining of non putrescible 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:[1] (As defined by the Sussex County Solid Waste Management Plan - Residential Generators)
01
ALUMINUM CANS — Food and beverage containers made entirely of aluminum.
03
COMPUTER PRINTOUT/WHITE LEDGER — All-computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and note pad).
06
CORRUGATED — Containers, brown grocery bags, and similar paper items, usually used to transport supplies, equipment, parts or other merchandise.
07
GLASS CONTAINERS — AU glass containers used for packaging food or beverages.
10
LEAVES AND BRUSH LEAVES — Brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources.
11
MAGAZINE AND JUNK MAIL MAGAZINE STOCK — White and colored paper and envelopes, telephone directories and books.
13
MIXED OFFICE PAPER — Items listed in computer printout/white ledger category when mixed with envelopes, manila binders and color paper. Material is generated by commercial/institutional sources.
14
NEWSPAPER — All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grades #6, #7 and #8-news).
15
PLASTIC CONTAINERS — Containers such as polyethylene terephthalate (PETE - #1) soda bottles, high-density polyethylene (HDPE -#2) milk, and water or detergent bottles.
17
STEEL CANS — Rigid containers made exclusively or primarily of steel, tin-plated steel, and composite steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products.
18
STUMPS, LOGS AND TREE PARTS — Unfinished wood from land clearing projects, storm damage or pruning activities.
19
TEXTILES — Textiles larger than 15 inches by 15 inches (e.g. clean clothing, drapes, curtains, sheets, towels, cloth, belts, shoes, handbags and small stuffed animals).
20
TIRES — Rubber-based scrap automotive and truck tires.
22
USED MOTOR OIL — A petroleum base or synthetic oil whose use - Includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable in its original purpose due to the presence of impurities or loss of original properties.(As defined by the Sussex County Solid Waste Management Plan - Non-Residential Generators, Commercial and Institutional Sectors)
CLASS MATERIAL AND DEFINITION
01
ALUMINUM CANS — Food and beverage containers made entirely of aluminum.
02
ANTIFREEZE — An automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
03
COMPUTER PRINTOUT/WHITE LEDGER — All computer paper, all high-grade white paper (including letterhead, typing paper, copier-paper, onionskin, tissue and note pad).
04
CONCRETE, ASPHALT AND MASONRY/PAVING MATERIAL — Asphalt, concrete, brick, cinder block, "patio blocks," and other masonry and paving materials.
05
CONSUMER BATTERIES — Any type of button, coin, cylindrical, rectangular or other shaped, enclosed device or sealed container which is utilized as an energy source for commercial, industrial, medical, institutional, or household use. (Does not include lead-acid batteries from vehicles).
06
CORRUGATED — Containers, brown grocery bags, and similar paper items, usually used to transport supplies, equipment, parts or other merchandise.
07
GLASS CONTAINERS — All glass containers used for packaging food or beverages.
08
HEAVY IRON — All structural steel or ferrous metal, cast iron components.
09
LEAD-ACID -BATTERIES — Batteries from automobiles, trucks, other vehicles and machinery and equipment, which shall be stored in a manner that protects them from the elements to avoid corrosion and leakage.
10
LEAVES AND BRUSH LEAVES — Brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources.
11
MAGAZINE AND JUNK MAIL MAGAZINE STOCK — White and colored paper and envelopes, telephone directories and books.
12
MERCURY CONTAINING DEVICES — Including fluorescent and compact tubes, High Intensity Discharge (HID) and neon lamps, electrical switches, thermostats, thermometers and any batteries containing mercury.
13
MIXED OFFICE PAPER — Items listed in computer printout/white ledger category when mixed with envelopes, manila binders and color paper. Material is generated by commercial/institutional sources.
14
NEWSPAPER — All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grades #6, #7 and #8-news).
15
PLASTIC CONTAINERS — Containers such as polyethylene terephthalate (PETE - #1) soda bottles, high-density polyethylene (HDPE - #2) milk, and water or detergent bottles.
16
SCRAP AUTOS — Crushed or shredded automobile or truck bodies, excluding auto shredder residue or "fluff."
17
STEEL CANS — Rigid containers made exclusively or primarily of steel, tin-plated steel, and composite steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products.
18
STUMPS, LOGS AND TREE PARTS — Unfinished wood from land clearing projects, storm damage or pruning activities.
19
TEXTILES — Textiles larger than 15 inches by 15 inches (e.g. clean clothing, drapes, curtains, sheets, towels, cloth, belt, shoes, handbags and small stuffed animals).
20
TIRES — Rubber-based scrap automotive and truck tires.
21
USED CONSUMER ELECTRONICS — Any appliance used in a business that includes circuitry. Includes components and subassemblies of the electrode products. Examples include computers and peripherals, printers, copiers, VCRs, televisions, cell phones and fax machines, etc.
22
USED MOTOR OIL — A petroleum base or synthetic oil whose use includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable in its original purpose due to the presence of impurities or loss of original properties.
23
WHITE GOODS AND LIGHT IRON — All large appliances such as washers, dryers, refrigerators, etc., as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums, and other non-structural ferrous scrap.
24
WOOD SCRAP — Unfinished lumber from construction or demolition projects including pallets. Unfinished shall mean nonchemically treated (not pressure treated, impregnated with preservatives, insecticides, fungicides, creosote, or other chemicals, and not painted, resin-coated or otherwise surface treated, and not laminated or bonded, and not similarly altered from its natural condition).
25
NONFERROUS AND ALUMINUM SCRAP — All non-container aluminum, stainless steel, copper, zinc, brass, and other metals which generally do not rust;
MULTIFAMILY 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
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 SOLID WASTE (MSW) STREAM
Shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Sparta Township.
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 MATERIALS
Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
[1]
Editor's Note: Prior ordinance history includes portions of 1978 Code §§ 17-1 — 17-9.9 and Ordinance Nos. 759, 05-27 and 07-14.
[Ord. No. 09-21 § 1]
a. 
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 municipality of Sparta Township, 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 the municipality of Sparta Township.
b. 
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 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 Municipal Recycling Coordinator 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 of the total number of tons collected and recycled for each designated material.
[Ord. No. 09-21 § 1]
Residential curbside collection, as provided by and in accordance with the current existing recycling program, as administered by the office of the Recycling Coordinator;
a. 
Recyclable material includes aluminum (01) and steel (17) cans, glass containers (07) and plastic containers (15). Recyclable material shall be commingled and placed curbside in a reusable thirty-gallon (maximum) container. Recyclable containers and cans must be rinsed and free of lids, metal rings and paper labels.
b. 
Recyclable fiber material includes computer and white paper (03), corrugated (05), magazine and junk mail (11), mixed office paper (13) and newspaper (14). Recyclable fiber material shall be commingled and placed curbside in a reusable thirty-gallon (maximum) container or bundled and tied.
c. 
Other mandatory recyclable material may be disposed of at any authorized recycling center, which will accept such materials or may be donated or sold to any person, partnership or corporation, whether operating for profit or nonprofit.
All containers used for the purpose of recycling shall be marked and designated recyclable material only." All containers shall be kept clean and in a safe manner.
[Ord. No. 09-21 § 1]
The owner of any property shall be responsible for compliance with this section. For multi-family units, the management or owner 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 shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Ord. No. 09-21 § 1]
a. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.
b. 
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 outdoors litter receptacles and disposal service for their contents shall also 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.
c. 
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
d. 
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. 09-21 § 1]
a. 
Any application to the Planning Board of the municipality of Sparta Township, 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:
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 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 Municipal Recycling Coordinator.
b. 
Prior to the issuance of a certificate of occupancy by the municipality of Sparta Township, 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. 09-21 § 1]
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 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. 09-21 § 1]
The Code Enforcement Official, the Recycling Coordinator, the Property Maintenance Official, 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, by sound or sight, the presence of any recyclable material.
[Ord. No. 09-21 § 1]
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 offense.
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.
[Ord. No. 09-21 § 1]
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. This section shall take effect immediately, unless otherwise provided by resolution of the Governing Body.
[1978 Code § 17-3.1]
As used in this section:
COMBUSTIBLE WASTES
Shall mean yard trimmings, rags, wood, cardboard and other combustible waste solids of a nonvolatile or explosive nature.
GARBAGE
Shall mean animal or vegetable waste solids resulting from the handling, preparation, cooking and consumption of food.
NONCOMBUSTIBLE WASTES
Shall mean all solid waste material which does not burn.
REFUSE
Shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, and solid market and industrial wastes, whether combustible or noncombustible.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes.
[1978 Code § 17-3.2]
a. 
The owner, agent, lessee, tenant, or occupant of every dwelling house or other premises where refuse accumulates shall provide and keep on such premises sufficient and suitable receptacles with tight fitting covers for receiving and holding the refuse.
1. 
SUFFICIENT – Is defined for the purpose of this section to be at least one receptacle for each family unit or other occupant of premises and at least two such receptacles for each commercial or business establishment where the aforesaid refuse shall accumulate, but each occupant of premises shall provide sufficient receptacles to store all refuse which may be accumulated there between the times when such refuse is disposed of as hereinafter provided.
2. 
SUITABLE – Is defined for the purpose of this section to be a water-tight metal, rubber or plastic receptacle with a tight fitting cover so constructed as to prevent spilling or leakage of its contents.
b. 
Each receptacle for use at a single residence shall have a capacity of not more than 30 gallons and be equipped with a pull handle or handles.
c. 
Receptacles for refuse from multi-dwelling units or industrial premises may have a greater capacity than that prescribed in paragraph b of this subsection provided they meet the other qualifications of a suitable receptacle and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle if removed for emptying.
d. 
Receptacles that are badly broken or otherwise fail to meet the requirements of this section, may be classed as refuse and collected and disposed of as such by the person or agency responsible for the collection of refuse, provided that such receptacle shall not be collected if it appears to have been suitable under the definition of this section at some previous time without a written notice being delivered to the owner of the fact that the receptacle is not deemed suitable at least 10 days before the receptacle is collected.
e. 
Receptacles shall be conveniently located on premises for the storage of refuse and maintained in such a manner with the cover in place as to prevent creation of a nuisance or menace to public health.
[1978 Code § 17-3.3]
a. 
Garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper or placed in paper bags and placed in a receptacle as herein described.
b. 
Combustible or noncombustible waste of such a nature that it cannot be deposited in a receptacle shall be securely and properly tied into bundles or packages to prevent spilling or scattering. The bundles or packages shall be of a size and weight to permit ease of handling by one man and shall be packaged or otherwise assembled in quantities weighing not more than 50 pounds.
c. 
Receptacles for refuse shall not be set out for collection except during hours of a day scheduled for collection of refuse or the evening before.
d. 
The person occupying any premises whereon a business or industry is conducted shall arrange for the removal of refuse from such premises each day unless sufficient and suitable facilities are provided and used for the storage of such refuse within a building on such premises until the refuse is removed.
e. 
The person occupying any premises shall be required to arrange for the pickup or collection of refuse from the premises at least once a week during a period when the premises are being occupied and used by such person.
[1978 Code § 17-3.4]
No refuse shall be disposed of except at a sanitary landfill established, conducted, operated and maintained in accordance with standards established by the State Department of Environmental Protection.
[1978 Code § 17-3.5]
The storage, collection or disposal of refuse in violation of any provision of this section is hereby declared to be a nuisance and detrimental to public health.
[1978 Code § 17-3.6; Ord. No. 07-14 § XII]
The Code Enforcement Officer may, by regulation approved by the Township Council, adopt rules and regulations to carry out the provisions of this section and the violation of such rules and regulations shall constitute a violation of this section.
[Ord. No. 07-28 § 22-3]
a. 
A solid waste utility is hereby created to transact the collection and disposal of solid waste, as provided by law.
b. 
Said solid waste utility shall be self-liquidating with a dedicated budget as provided by N.J.S.A. 40A:4-34 through 40A:4-36.
c. 
All residential dwelling units in Sparta Township that are not included within a H.O.A. (as defined in Section 22-3.1d) are required to use the Solid Waste Utility’s solid waste and recycling services and pay the charges imposed by the Solid Waste Utility for such services. No property owner shall have the right to opt out of using the Solid Waste Utility Services.
[Added 12-14-2021 by Ord. No. 2021-15]
d. 
A homeowner’s association, condominium association, cooperative or horizontal property regime (collectively referred to as a “H.O.A.”) may elect to have its residents participate in the Solid Waste Utility’s solid waste and recycling services upon submitting a written request to participate to the Township Clerk’s Office, with the effective date and charges to be determined by the Township. The H.O.A.’s use of the Township’s services shall be conditioned upon the H.O.A.’s residents paying the charges imposed by the Solid Waste Utility. The H.O.A.’s residents must be customers for both solid waste and recycling services. A H.O.A. cannot cancel or terminate its residents’ use of the Solid Waste Utility’s solid waste and recycling services during the term of the then current contract between the Township and its solid waste and recycling contractor. If a H.O.A. determines that it desires to cease participating in the Solid Waste Utility’s solid waste and recycling services it must provide written notice of such decision prior to the expiration of the Township’s then current solid waste and recycling services contract and the H.O.A.’s withdrawal from the Solid Waste Utility’s solid waste and recycling services shall be effective as of the date that the Township’s new solid waste and recycling contract with its vendor commences. The H.O.A.’s residents shall remain responsible for paying all charges to the Solid Waste Utility through the date that the H.O.A.’s withdrawal becomes effective. As a condition of its withdrawal, the H.O.A. must provide the Township with written proof that it has contracted with a New Jersey licensed solid waste and recycling contractor for solid waste and recycling services for its residents.
[Added 12-14-2021 by Ord. No. 2021-15]
[Ord. No. 07-28 § 22-3.1]
The costs associated with the collection and disposal of solid waste shall be recovered as may be provided in the contract or contracts made by the Township for such services, plus uniform fees fixed from time to time by the Township Council and collected from the property owners to whom the service is available.
[Ord. No. 07-28 § 22-3.2]
There is hereby established a solid waste service charge to be imposed annually upon the owners of those properties for which solid waste collection and disposal service is made available by the Township. The funds so collected shall be paid into the dedicated Solid Waste Utility Fund of the Township of Sparta.
[Ord. No. 07-28 § 22-3.3]
The solid waste service charge for residential properties served, unless and until nonresidential properties are served, shall be computed by dividing the approved annual budget of the Solid Waste Utility by the number of residential units to which the service will be made available by the Township.
[Ord. No. 07-28 § 22-3.5; Ord. No. 11-07 § 1; Ord. No. 12-17; Ord. No. 2017-14 §§ 1 — 3; amended 12-14-2021 by Ord. No. 2021-15]
The Solid Waste Utility of Sparta Township will prepare bills setting forth the annual solid waste charges and send them in January of each year to its customers through the U.S. Postal Service. Bills that are not delivered by the U.S. Postal Service shall, nevertheless remain due and owing. The payment, or nonpayment of utility bills is the responsibility of the property owner and shall constitute a lien against the property serviced by the Solid Waste Utility.
a. 
The annual solid waste charges shall be due in installments on March 1, June 1, September 1 and December 1 each year. All payments of solid waste charges are due by the due date on the bill. In the event that the bill is not paid within 10 days of its due date ("grace period"), the account shall be subject to an 8% late charge, which shall be added to the amount of the bill and collected as other charges.
b. 
All bills shall be paid as of the due date set forth on the bill. In the event that the bill is not paid within 10 days of the due date ("grace period"), the account shall be subject to the late charge.
c. 
Charges for use shall be payable to the Township of Sparta Solid Waste Utility. The Township shall have the same remedies for the collection of charges with penalties and costs pursuant to the collection of taxes upon real estate.
d. 
In the event that a bill remains unpaid for 30 days or more after the due date of such bill, will comply with the following procedure:
1. 
A delinquent notice shall be sent to the account stating that service the bill remains unpaid for 30 days. This notice shall be deemed satisfactory if sent as follows:
2. 
The Township may also deliver this notice to the physical address or phone account if that number has been provided to the Utility Collector.
3. 
In the event that the delinquent account is that of a landlord/tenant dispute, then the tenant will have the option of paying the delinquent bill.
e. 
Owner-occupants of residential units served by the solid waste utility who are age 65 and older and who qualify for a New Jersey senior citizen property tax credit may apply for an annual $25 credit against the annual solid waste utility billing. Said applications must be in writing on a Township provided form and must be updated as per New Jersey property tax requirements.
f. 
Owners of residential units serviced by the solid waste utility who are honorably discharged from any branch of the United States Armed Services and who qualify for a New Jersey Veteran's Property Tax credit or deduction may apply for an annual $25 credit against the annual solid waste utility billing. The application must be in writing on the Township provided form and must be updated as per New Jersey Property Tax requirements.