[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown 9-28-87 as Ord. No. 387. Amended 5-23-88 by Ord. No. 397; 6-25-90 by Ord. No. 426; 11-25-91 by Ord. No. 439. Amended in its entirety 3-24-09 by Ord. No. 2009-08. Subsequent amendments noted where applicable.]
Be it ordained by the Borough of Woodstown, in the County of Salem, State of New Jersey, as follows:
This chapter shall be known and may be cited as the "Borough of Woodstown Recycling Program Ordinance."
[Amended 12-28-11 by Ord. No. 2011-15]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
- A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
- DESIGNATED RECYCLABLE MATERIALS
- 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:
- MUNICIPAL RECYCLING COORDINATOR
- The person or persons appointed by the municipal Governing Body and who shall be authorized to enforce the provisions of this chapter, 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.
- MUNICIPAL RECYCLING ENFORCEMENT OFFICER
- Person or persons who shall be authorized to enforce the chapter as directed by the Municipal Recycling Coordinator.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial and institutional establishments within the boundaries of the Borough of Woodstown.
- RECYCLABLE MATERIAL
- 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.
- SOURCE SEPARATION
- 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
- Recyclable materials that are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
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 Borough of Woodstown to separate designated recyclable materials from all solid waste.
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 Woodstown.
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.
[Amended 9-8-09 by Ord. No. 2009-20]
The collection of source separated recyclable materials shall be in the manner prescribed as follows:
Upon implementation and at such time as the Borough shall enter into an agreement for a recycling rewards program, then the borough shall provide suitable containers for every owner and occupant of residential property within the borough and such commercial properties as shall request a container. The container shall be either 35 gallon, 65 gallon or 95 gallon capacity as the owner shall designate. In the event the borough shall not enter into or shall cease to provide a recycling rewards program, then it shall be the property owner and occupant's responsibility to provide an appropriate and suitable container for the collection and pickup of recycling materials. 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 comingled in one container. All contains 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 sidewalks, 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. Regardless of the type or size of receptacle, and regardless of by whom said receptacle shall be provided, the occupant or owner of the premises from which recycling materials have been collected shall keep all receptacles clean and in a condition for safe handling. Receptacles and items to be disposed shall be placed at curbside for collection no sooner than 5:00 p.m. on the day prior to the scheduled collection date, and shall be removed from curbside and returned to the appropriate storage location no later than 8:00 p.m. on the day for collection.
The owner of any commercial or residential property shall be responsible for providing a suitable storage location for the recycling collection container assigned to the location, residence, apartment unit, store, office or other premises subject to a written or oral lease between the tenant and owner. The storage location shall not be on the public street but may be on public property if appropriate arrangements are made with and approval given by the Woodstown Borough Council. Any receptacle or receptacles assigned by the borough to the owner for use by the tenants of the rental premises shall be the property of the owner, and shall be maintained in good and sanitary condition by said owner. It shall be the owner's responsibility to maintain the assigned receptacle or receptacles, and to obtain replacements with suitable identification information contained thereon in the event said container shall become lost, damaged or stolen. Such replacement shall be at the owner's expense.
In the event the Woodstown Borough Council enters an agreement for a recycle rewards program, then the rewards assigned for recycled material accumulated in a particular recycling container shall be assigned to the owner of said container. Landlords may assign said rewards to their tenants, but such assignments are not mandatory. When the ownership of a property within the borough shall change, the new owner shall inform the recycle rewards program of said ownership change and the records of the recycling rewards program shall be changed to reflect the new ownership. Any unused credits that may exist on the account of the previous owner shall be transferred to the new owner. When the ownership of a property within the borough shall change, the container shall remain with the property.
The owner of each property shall be responsible for compliance with this chapter. For multifamily units, including but not limited to condominium complexes and seasonal hotels/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 remainder a minimum of every six months during their occupancy.
All commercial, business or industrial facilities shall be required to comply with the provisions of this chapter.
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.
Every business, institution or industrial facility shall report on an annual basis to the Municipal Recycling Coordinator 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.
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.
[Amended 9-8-09 by Ord. No 2009-20]
Any application to the Planning Board of the Borough of Woodstown 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:
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
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.
Prior to issuance of a certificate of occupancy by the Borough of Woodstown 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 their service.
In the event the Woodstown Borough Council enters into an agreement for a recycle rewards program, the owner of any new development described in Subsection A above, must provide, at the owner's expense, a participating recycle rewards container for each unit of the new development. The recycle rewards program container shall be purchased from the Borough of Woodstown at the same cost incurred by the borough. The recycle rewards program container shall stay with the property upon transfer of ownership.
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 visible display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
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 8:00 p.m. on the day of collection will be considered a violation of this chapter and the local sanitary code.
Once placed in the location identified by this chapter, or any rules or regulations promulgated pursuant to this chapter, 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 chapter for any person unauthorized by the Borough of Woodstown to collect or pick up or cause to be collected or picked up any such items during the 24 hour period commencing at 5:00 p.m. on the day preceding a day designated for collection. Any and each such collection in violation hereof from one or more collection locations during said 24 hour period shall constitute a separate and distinct offense punishable as hereinafter provided.
[Added 12-28-11 by Ord. No. 2011-15]
Consumer electronics (21), grass clippings (18) and stumps (20) should not be placed at the curb for collection. These materials will not be picked up by the Borough of Woodstown and must be disposed of directly by the owner.
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.
The Municipal Recycling Coordinator shall review the information submitted pursuant to this section of the chapter 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 chapter for any owner or permit holder to fail to comply with the recycling requirements set forth herein.
The Municipal Recycling Enforcement Officer(s) are hereby individually and severally empowered to enforce the provisions of this chapter. The enforcers of the chapter 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 chapter. 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.
If any section, paragraph, subsection, clause or provision of this chapter shall be adjudged by a court of competent jurisdiction to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.
This chapter shall take effect immediately upon enactment by the Governing Body of the municipality.
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 chapter; provided, however, that such rules and regulations shall not be inconsistent with terms and provisions of this chapter 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.
Any person or entity violation, or failing to comply with, any of the provisions provided in this chapter shall, upon conviction thereof, be punishable by a fine of not less than $50 and not more than $1,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the municipal judge. The continuation of any violation of each successive day shall constitute a separate offense, and the person, persons, or entity allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. Any violation may be afforded warnings at the discretion of the enforcement designees before the issuance of any fines.