[Adopted 3-7-1985 by Ord.
No. 85-1; amended in its entirety 12-3-2009 by Ord. No. O-15-2009]
This article shall be known as the "Recycling Regulation" of
the Township.
As used in this article, the following terms shall have the
meanings indicated:
All containers comprised of aluminum, metal, tin, steel or
a combination thereof which contain or formerly contained only non-aerosol-compatible
substances or such other substances as have been approved for recycling
by the New Jersey Office of Recycling.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Gloucester County District
Solid Waste Management Plan to be source separated for the purpose
of recycling.
A computer central processing unit and associated hardware
including keyboards, modems, printers scanners and fax machines; a
cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones.
All products made of silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packaging
or bottling of substances, and all other material commonly known as
"glass."
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 (N.J.S.A. 55: 13A-1 et seq.).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this article, and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Township
of West Deptford.
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.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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 Township of West Deptford, 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
West Deptford Township Public Works Department.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of the Township of West Deptford may exempt persons occupying commercial
or institutional premises within its municipal boundaries from the
source separation requirements of this Code 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 article, a
commercial or institutional generator of solid waste shall file an
application for exemption with the Township of West Deptford 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.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
All containers containing recyclable materials shall be placed, prior
to collection, between the curb and the sidewalk, or in the absence
of 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. Receptacles or other
items to be disposed of shall be placed as noted above anytime after
6:00 p.m. of the day immediately preceding the day of collection,
but no later than 6:00 a.m. of the day of collection. After collection,
any containers shall be removed from the curbside by no later than
7:00 p.m. of the day of collection.
B.
All receptacles or dumpsters shall be maintained by the property
resident or property owner or both in accordance with the Health Code
of the Township of West Deptford, the County of Gloucester and the
State of New Jersey.
The owner of any real property shall be responsible for compliance
with this article. 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 Township of West Deptford. 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.
A.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions herein.
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 Township 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 Township 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 by the Township, county
or State 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.
A.
Any application to the Township of West Deptford Planning Board for
subdivision or site plan approval for the construction of multifamily
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 Township of West Deptford issuing a certificate of occupancy
the owner of any new multifamily 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, should the Township of West
Deptford not 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.
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 article and the local sanitary
code.
C.
Once placed in the location identified herein, or any rules or regulations
promulgated pursuant herein, no person, other than those authorized
by the Township, shall tamper with, collect, remove, or otherwise
handle designated recyclable materials.
The Township of West Deptford Code Enforcement Official, the
Department of Health, the Township of West Deptford Recycling Coordinator,
the Property Maintenance Official, the Housing Officer, and the Gloucester
County Department of Health are hereby individually and severally
empowered to enforce the provisions herein. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision herein or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be subject to the penalty in § 1-15, Violations and penalties, of the Code of the Township of West Deptford.
Fines levied and collected pursuant to the provisions herein
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.
In the event that it
is determined, by a court of competent jurisdiction, that any provision
or section herein is unconstitutional, all other sections and provisions
shall remain in effect. This article shall take effect immediately
unless otherwise provided by resolution of the governing body.
