[1]
Editor's Note: Prior ordinance history includes portions
of Ord. 3-15-88, 7-17-90.
[Ord. No. 2009-01]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean a combining of nonputrescible source-separated
recyclable materials for the purpose of recycling;
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).
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01
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ALUMINUM CANSFood and beverage containers made entirely of aluminum.
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03
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COMPUTER PRINTOUT/WHITE LEDGERAll computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and note pad).
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06
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CORRUGATEDContainers, brown grocery bags, and similar paper items, usually used to transport supplies, equipment, parts or other merchandise.
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07
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GLASS CONTAINERSAll glass containers used for packaging food or beverages.
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10
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LEAVES AND BRUSHLeaves, brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources.
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11
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MAGAZINES AND JUNK MAIL MAGAZINE STOCKWhite and colored paper, envelopes, telephone directories and books.
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13
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MIXED OFFICE PAPERItems listed in computer printout/white ledger category when mixed with envelopes, manila folders and colored paper. Material generated by commercial/institutional sources.
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14
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NEWSPAPERAll paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grades #6, #7 and #8-news).
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15
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PLASTIC CONTAINERSContainers such as polyethylene terephthalate (PETE -#1) soda bottles, high-density polyethylene (HDPE #2) milk, water and detergent bottles.
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17
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STEEL CANSRigid 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.
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18
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STUMPS, LOGS AND TREE PARTSUnfinished wood from land clearing projects, storm damage or pruning activities.
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19
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TEXTILESTextiles larger than 15 inches by 15 inches (e.g. clean clothing, drapes, curtains, sheets, towels, cloth, belts, shoes, handbags, and small stuffed animals).
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20
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TIRESRubber-based scrap automotive and truck tires.
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22
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USED MOTOR OILPetroleum-based 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
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23
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SOLID WASTEShall mean all garbage and rubbish.
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(As defined by the Sussex County Solid Waste Management Plan
- Non-Residential Generators, Commercial and Institutional Sectors)
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Class Material and Definition:
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01
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ALUMINUM CANSFood and beverage containers made entirely of aluminum.
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02
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ANTIFREEZEAutomotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
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03
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COMPUTER PRINTOUT/WHITE LEDGERAll computer paper, high-grade white paper (to include letterhead, typing paper, copier paper, onionskin, tissue and note pad).
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04
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CONCRETE, CONCRETE PAVING STONES, ASPHALTAsphalt, concrete block and pavers, brick, cinder block, "patio blocks" and any other masonry or paving materials.
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05
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CONSUMER BATTERIESAny 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).
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06
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CORRUGATEDContainers, brown grocery bags, and similar paper items used as dunnage in the packaging and transporting of equipment and supplies or other merchandise.
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07
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GLASS CONTAINERSAll glass containers used for packaging food or beverages.
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08
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HEAVY IRONAll structural steel or ferrous metal including cast iron components.
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09
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LEAD-ACID BATTERIESBatteries from all vehicles, heavy equipment and machinery, that are stored in a manner that protects them from the elements to avoid corrosion and leakage.
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10
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LEAVES AND BRUSHLeaves, brush and other yard trimmings, including grass clippings, from institutional, commercial or industrial sources.
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11
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MAGAZINE AND JUNK MAILMagazines, flyers and mailers of magazine stock, glossy white and colored paper and envelopes, telephone directories and books.
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12
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MERCURY-CONTAINING DEVICESIncluding fluorescent and compact tubes, High Intensity Discharge (HID) and neon lamps, electrical switches, thermostats, thermometers and any batteries containing mercury.
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13
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MIXED OFFICE PAPERItems listed in computer printout/white ledger category when mixed with envelopes, manila folders and colored paper generated by commercial/institutional sources.
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14
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NEWSPAPERAll paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grades #6, #7 and #8-news).
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15
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PLASTIC CONTAINERSContainers such as polyethylene terephthalate (PETE #1) soda bottles, high-density polyethylene (HDPE - #2) milk, water and detergent bottles and food containers.
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16
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SCRAP AUTOSRushed or shredded automobile or truck bodies, excluding auto shredder residue or "fluff."
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17
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STEEL CANSRigid containers made exclusively or primarily of steel, tin-plated steel, and composite steel and aluminum used to store food, beverages, paint and a variety of other household and consumer products.
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18
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STUMPS, LOGS AND TREE PARTSUnfinished wood from land clearing projects, storm damage or pruning activities.
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19
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TEXTILESTextiles larger than 15 inches by 15 inches (e.g. clean clothing, drapes, curtains, sheets, towels, cloth, belts, shoes, handbags and small stuffed animals).
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20
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TIRESRubber-based scrap automotive and truck tires.
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21
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USED CONSUMER ELECTRONICSAny appliance used in a business that includes circuitry. Includes components and subassemblies of electronic products: computers and peripherals i.e. monitors, surge suppressors, APU's; printers; copiers; VCRs and televisions; cell phones; fax machines; etc.
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22
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USED MOTOR OILPetroleum-based 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.
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23
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WHITE GOODS AND LIGHT IRONAll 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 nonstructural ferrous scrap.
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24
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WOOD SCRAPUnfinished lumber from construction or demolition projects including pallets. Unfinished shall mean non-chemically treated that is 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.
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25
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NONFERROUS AND ALUMINUM SCRAPAll non-container aluminum, stainless steel, copper, zinc, brass, and other metals which generally do not rust.
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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 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.
Shall mean all solid waste generated at residential, commercial,
and institutional establishments within the boundaries of the Township
of Frankford.
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 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. 2009-01]
a.Â
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 Frankford, 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 Frankford
Township.
b.Â
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. 2009-01]
All persons within the Township who shall place for pickup, collection, or recycling the items listed in subsection 17-1.2 of this section shall do so in a strict conformity with the following regulations.
The collection of recyclable material shall be in the manner
prescribed as follows:
a.Â
Glass shall be cleaned and/or rinsed. All tops removed.
b.Â
Aluminum and bimetal cans shall be rinsed.
c.Â
Plastic containers (#1 - #7) shall be cleaned and/or rinsed. All
tops removed.
d.Â
Magazines and junk mail shall be bundled separately, cross-tied and
secured in bundles not to exceed 50 pounds.
e.Â
Newspaper shall be bundled separately, cross-tied and secured in
bundles not to exceed 50 pounds.
f.Â
Corrugated/cardboard containers shall be knocked-down and secured
in bundles not to exceed 50 pounds.
g.Â
All receptacles or dumpsters shall be kept in a clean and safe manner.
[Ord. No. 2009-01]
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. 2009-01]
a.Â
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this section.
b.Â
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.
c.Â
Every business, institution, or industrial facility shall issue a
report on an annual basis to the Recycling Coordinator, 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.
d.Â
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. 2009-01]
a.Â
Any application to the Land Use Board of the Township of Frankford,
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.Â
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
2.Â
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.Â
Prior to the issuance of a certificate of occupancy by the Township
of Frankford, 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.Â
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. 2009-01]
a.Â
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.Â
It shall be the responsibility of the resident or occupancy to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing non-segregated solid waste and recyclables to accumulate
will be considered a violation of this article and the local sanitary
code.
c.Â
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. 2009-01]
The Code Enforcement Official, the Board of Health, the Recycling
Coordinator 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. 2009-01]
Any resident, person, firm, company or institution, who fails
to comply with the provision herein, is considered in violation and
therefore subject, upon conviction to the fines and penalties as outlined
below;
a.Â
Three warnings shall be issued; this shall be in the following form;
1.Â
Trash shall be stickered and left for the violator to remove the
recyclables.
2.Â
A letter informing the violator of their violation.
3.Â
A final warning with a seven day compliance order prior to the issuance
of a summons.
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Fines shall be such that they shall increase in increments of
$25 for each additional offense for residents, and $100 for commercial,
industrial and institutional, not to exceed $500 for resident and
$1,500 for commercial, industrial and institutional facilities.
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Example:
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Resident
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1st offense
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$25
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2nd offense
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$50
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3rd offense
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$75
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Commercial, Industrial and Institutional
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1st offense
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$100
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2nd offense
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$200
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3rd offense
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$300
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b.Â
Solid waste collectors within the municipality failing to refuse
the collection of solid waste with excessive amounts of designated
recyclables within shall be considered in violation of this section
and subject to the following fines and penalties.
1.Â
Notification by telephone with letter as follow-up that they are
in violation of the municipal ordinance and immediate compliance is
required.
2.Â
A summons shall be issued for noncompliance should noncompliance
continue beyond 24 hours of notification; a new and separate summons
shall be issued to the company for every day they continue to be in
violation. The fines for this offense shall be no less than $100 per
day not to exceed $5,000 in accumulative fines 50 days.
3.Â
Should noncompliance continue, action shall be taken to include notification
of the NJDEP and NJBPU to report continuing noncompliance with the
municipal ordinance and request assistance and action to be taken
against the company.
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The Governing Body reserves the right to take action against
any and all collection companies who continue to violate the provisions
within this section and shall seek assistance from the enforcements
division of the NJBPU and NJDEP in order to do so.
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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, educational materials
or inspection costs.
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[Ord. No. 2009-01]
All persons, firms or corporations who have not privately contracted for collection point pickup of solid waste and the recyclable materials designated in subsection 17-1.2 shall be required to deliver their recyclable materials as designated in subsection 17-1.2 to the recycling depots provided in the municipality.
