Prior ordinance history includes portions of Ordinance
Nos. 90-13 and 90-14.
[Ord. No. 2008-11 § 1]
This section shall be known and may be cited as the "Borough
of Elmer Recycling Program Ordinance."
[Ord. No. 2008-11 § 2]
For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Shall mean a combining of nonputrescible source-separated
recyclable materials for the purpose of recycling;
Shall mean those materials designated within the Salem County
Solid Waste Management Plan to be source separated for the purpose
of recycling by residential, commercial, institutional and industrial
sectors. These materials cannot be deposited in the landfill and include:
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Residential:
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Glass containers (05) Shall mean all glass containers used for
packaging food or beverages.
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Aluminum cans (06) Shall mean food and beverage containers made
entirely of aluminum.
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Newspaper (03) Shall mean all 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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Mixed Office (02) Shall mean all computer paper, all high-grade
white paper (including letterhead, typing paper, copier paper, onionskin,
tissue, and notepad).
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Corrugated (01) Shall mean containers and similar paper items,
usually used to transport supplies, equipment, parts, or other merchandise.
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Other Paper/Magazines/Junk Mail (04) Shall mean all magazine
stock, white and colored paper and envelopes.
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Plastic (08) Shall mean containers such as polyethylene terephthalate
(PETE - #1) soda bottles, high-density polyethylene (HDPE - #2) milk,
water or detergent bottles.
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Yard Trimmings (19) Shall mean leaves (19), grass clippings
(18), stumps (20), brush (17), and other lawn and garden trimmings
from homes, institutions, commercial or industrial sources.
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Steel Cans (07) Shall mean 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.
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Tires (15) Shall mean rubber-based scrap automotive, truck,
and specialty tires (e.g., forklift tires).
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White Goods and Light Iron (11) Shall mean 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, stainless steel and other nonstructural
ferrous scrap.
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Food Scraps (23) Shall mean food plate waste and food processing
wastes. Food processing wastes include food processing vegetative
waste (material generated in trimming and reject sorting operations
from the processing of fruits and vegetables in canneries or similar
industries, e.g., tomato skins, pepper cores, bean snips, cranberry
hulls, etc.), food processing residuals and animal processing wastes.
If the material is transported and processed as animal feed, it may
be identified as such.
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Textiles (29) Shall mean cloth material such as cotton, linen,
wool, nylon, polyester, etc., derived from clothing, cloth diapers,
linens, etc.
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Commercial:
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Glass Containers (05) shall mean all glass containers used for
packaging food or beverages.
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Aluminum Cans (06) Shall mean food and beverage containers made
entirely of aluminum.
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Newspaper (03) Shall mean all 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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Mixed Office (02) Shall mean all computer paper, all high-grade
white paper (including letterhead, typing paper, copier paper, onionskin,
tissue, and notepad).
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Corrugated (01) Shall mean containers and similar paper items,
usually used to transport supplies, equipment, parts, or other merchandise
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Other Paper/Magazines/Junk Mail (04) Shall mean all magazine
stock, white and colored paper and envelopes.
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Plastic (08) Shall mean containers such as polyethylene terephthalate
(PETE - #1) soda bottles, high-density polyethylene (HDPE - #2) milk,
water or detergent bottles.
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Steel Cans (07) Shall mean 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.
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Tires (15) Shall mean rubber-based scrap automotive, truck,
and specialty tires (e.g., forklift tires).
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White Goods and Light Iron (11) Shall mean 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, stainless steel and other nonstructural
ferrous scrap.
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Food Scraps (23) Shall mean food plate waste and food processing
wastes. Food processing wastes include food processing vegetative
waste (material generated in trimming and reject sorting operations
from the processing of fruits and vegetables in canneries or similar
industries, e.g., tomato skins, pepper cores, bean snips, cranberry
hulls, etc.), food processing residuals and animal processing wastes.
If the material is transported and processed as animal feed, it may
be identified as such.
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Textiles (29) Shall mean cloth material such as cotton, linen,
wool, nylon, polyester, etc., derived from clothing, cloth diapers,
linens, etc.
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Each municipality may designate additional recyclable materials
to supplement those designated in the County Plan.
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Shall mean the person or persons appointed by the Municipal
Governing Body and who shall be authorized to enforce the provisions
of this section, and any rules and regulations that may be promulgated
hereunder. This appointee shall also be responsible to assure that
all materials recycled in the municipality are properly reported and
recorded;
Shall mean person or persons appointed by the Borough Council
of the Borough of Elmer who shall be authorized to enforce the section
as directed by the Municipal Recycling Coordinator.
Shall mean all solid waste generated at residential, commercial
and institutional establishments within the boundaries of the municipality
of the Borough of Elmer.
Shall mean those materials that 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 that are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
[Ord. No. 2008-11 § 3]
a.
Mandatory Source Separation. It shall be mandatory for all persons
who are owners, lessees, tenants or occupants of residential and nonresidential
premises, including but not limited to retail and commercial locations,
government, schools and other institutional locations within the municipality
of the Borough of Elmer to separate designated recyclable materials
from all solid waste.
1.
Designated recyclable materials shall be placed separately at the
curb in a manner and on such days and times as may be hereinafter
established by the Borough of Elmer.
2.
When municipal curbside collection is not provided for designated
recyclable materials, as is the case for those recyclables generated
by commercial and institution entities, it shall be the obligation
of the generator to arrange for the private collection and delivery
of designated recyclable materials to a recycling facility or to deliver
designated recyclable materials to a municipal recycling depot designated
by the Borough.
[Ord. No. 2008-11 § 4]
The collection of source separated recyclable materials shall
be in the manner prescribed as follows:
a.
It is the responsibility of the property owner to provide adequate
size and number of containers for the separate placement of recyclables
for curbside collection as follows: Paper products may be commingled
in one container or may be placed in brown paper bags, however, plastic
bags shall not be used for curbside collection of paper products;
glass, food and beverage containers, metal food and beverage containers,
and plastic bottles and jugs may be commingled in one container. All
containers and brown paper bags containing source separated recyclable
materials shall be placed, prior to collection, between the curb and
the sidewalk, or in the absence of curb and sidewalk, as near to the
street as not to constitute a danger, where such receptacles shall
be readily accessible to the collector without providing obstruction
to pedestrians. The owner or occupant of the premises shall keep all
receptacles clean and in safe handling condition.
b.
All receptacles or dumpsters shall be maintained in a clean and safe
manner.
[Ord. No. 2008-11 § 4.1]
The owner of each property shall be responsible for compliance
with this section. For multifamily units, including but not limited
to condominium complexes and seasonal hotel/motels and guesthouses,
the management or owner is responsible for setting up and maintaining
the recycling system, including collection of source separated recyclable
materials. Violations and penalty notices will be directed to the
owner or management, in those instances where the violator is not
easily identifiable. The owner or management shall issue notification
and collection rules regarding recycling requirements to all new tenants
when they arrive and with a reminder a minimum of every six months
during their occupancy.
[Ord. No. 2008-11 § 4.2]
a.
All commercial, business or industrial facilities shall be required
to comply with the provisions of this section.
b.
The arrangement for collection of all categories of designated mandatory
recyclables hereunder shall be the responsibility of the commercial,
institutional or industrial property owner or their designee, except
for those specific designated recyclable materials that are collected
by the municipality from that property. All commercial, institutional
or industrial properties at which litter is generated by employees,
or the public shall provide litter and recycling receptacles. These
properties shall provide for separate recycling collection services
for the contents of the recycling receptacles.
c.
Every business, institution or industrial facility shall report on
a quarterly basis to the Municipal Recycling Coordinator, on such
forms as may be prescribed, regarding recycling activities at their
premises, including the amount and type of recycled material not placed
curbside for municipal collection. If material is removed from the
premises by a hauler, recycler or paper shredder, the quantity and
final disposition of the material is to be reported on the form.
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. 2008-11 § 4.3]
a.
Any application to the Land Use Board of the municipality of the
Borough of Elmer, for subdivision or site plan approval for the construction
of multi-family dwellings of three or more units, single family developments
of three or more units or any commercial, institutional or industrial
development of 1,000 square feet or more, must include a recycling
plan. This plan shall 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 issuance of a certificate of occupancy by the Borough of
Elmer, 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 designated recyclable materials for those locations
or properties where the municipality does not otherwise provide this
service.
[Ord. No. 2008-11 § 5]
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 owner or occupant to properly
segregate the uncollected waste for proper disposal and/or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
at the curbside beyond 7:00 p.m. on the day of collection 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 any personnel authorized by the municipality or the owner or
occupant responsible for placement of the designated recyclable materials
for collection, shall tamper with, collect, remove, or otherwise handle
designated recyclable materials. Upon placement of such designated
recyclable material, it shall become property of the municipality
or its authorized agent. It shall be a violation of this section for
any person not duly authorized to collect or pick up or cause to be
collected or picked up any recyclable materials that are the property
of the municipality as provided for above.
[Ord. No. 2008-11 § 6]
For all activities that require municipal approval such as construction,
demolition or public event permits, a Designated Recyclable Materials
Plan shall be filed along with all other required permit conditions.
The Plan shall include provisions for the recovery of all designated
recyclable materials generated during construction, renovation and
demolition activities, as well as, public events.
a.
Compliance with Diversion Requirement. The Municipal Recycling Coordinator
shall review the information submitted pursuant to this subsection
of the section and determine, prior to the issuance of the municipal
approval or permit, whether the plan submitted by the owner of the
entity carrying out the covered activity will comply or fail to comply
with the recycling requirements set forth herein. The determination
regarding compliance will be provided to the Municipal Public Works
Director/Supervisor and the owner of the entity carrying out the covered
project in writing. When such plan is deemed not compliant, the Municipal
Recycling Coordinator shall include specific conditions to be implemented
by the permit holder to achieve compliance. It shall be a violation
of this section for any owner or permit holder to fail to comply with
the recycling requirements set forth herein.
[Ord. No. 2008-11 § 7]
The Municipal Recycling Enforcement Officer(s) are hereby individually
and severally empowered to enforce the provisions of this section.
The enforcers of the section may conduct an inspection at the site
of the generator, which consists of sorting through containers and
opening of solid waste bags to detect, by sound or sight, the presence
of any designated recyclable material.
Additionally, the Salem County Health Department (SCHD) shall
be empowered to enforce the provisions of this section. The municipality
shall retain primary enforcement responsibility with the SCHD, also
serving in an enforcement role, which includes inspection of commercial
establishments and multi-family residential.
[Ord. No. 2008-11 § 9]
The Governing Body is hereby authorized to promulgate, from
time to time, additional rules and regulations relating to the source
separation, preparation, placement and collection of recyclable materials
pursuant to the provisions of this program and section; provided,
however, that such rules and regulations shall not be inconsistent
with terms and provisions of this section and shall be approved by
the Governing Body. Such rules and regulations shall be duly promulgated
subsequent to publication so that the public has had notice thereof.
[Ord. No. 2008-11 § 10]
Any person or entity violating, or failing to comply with, any of the provisions provided in this section shall, upon conviction thereof, be liable to the penalty state in Chapter 1, Section 1-5. Any violation may be afforded warnings at the discretion of the enforcement designees before the issuance of any fines.
[Ord. No. 90-11 § 1]
Persons occupying residential premises within the confines of
the Borough shall separate leaves from all other solid waste generated
on such residential premises which leaves shall be disposed of in
one of the following ways:
a.
On-site Composting or Mulching. If this method of disposal is chosen
then the person or persons occupying residential premises shall compost
or mulch in a manner that they determine to be appropriate.
b.
Curbside Pick Up. If this method of disposal is chosen then the person
or persons occupying residential premises shall bag all leaves generated
on their premises which bags shall be uncontaminated by nonorganic
materials such as: paper, plastic, metal, wood or other such materials.
The bags shall be placed at curbside on dates to be determined by
the Chairman of the Recycling Committee. There will be one pick up
during each of the months of April, November and December with the
specific dates to be published once, at least seven days prior to
the pick up date, in the Elmer Times.
[Ord. No. 90-11 § 2]
The Chairman of the Recycling Committee, or his designated representative,
is hereby appointed Municipal Enforcement Officer. Each such Municipal
Enforcement Officer is hereby empowered to issue warnings to residential
property owners and to file disorderly persons complaints against
those who shall violate this section.
[Ord. No. 90-11 § 3;
New]
[Ord. No. 90-11 § 4]
The Recycling Coordinator shall solicit quotes for the collection
and disposal of leaves deposited at curbside in accordance with this
section, the contract to be awarded in accordance with title 40A of
the New Jersey Statutes. The contract for the disposal of leaves picked
up at curbside shall require that all such leaves be deposited at
a State approved mulching or composting facility.
[Ord. No. 2014-12]
The purpose of this section is to establish requirements for
the proper handling of yard waste in the Borough of Elmer, so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. No. 2014-12]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
Shall mean leaves and grass clippings.
[Ord. No. 2014-12]
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Ord. No. 2014-12]
The provisions of this section shall be enforced by the Code
Enforcement Officer or the Police Department of the Borough of Elmer.
[Ord. No. 2014-12]
a.
Any person violating this section shall, upon conviction thereof,
be punishable by one or more of the following: by a period of community
service not exceeding 90 days; and/or by a fine of not less than $25.00
or more than $2,000.00, at the discretion of the Judge.
b.
Any person who is convicted of violating the provisions of this section
within one year of the date of previous violation of the same section
and who was fined for the previous violation shall be sentenced by
the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section, but shall be calculated separately from the fine
imposed for the original violation of this section. Whenever such
person shall have been officially notified or by service of a summons
in a prosecution, or in any other official manner, that said person
is committing a violation, each day's continuance of such violation
after such notification shall constitute a separate offense, punishable
by a like fine or penalty.
