[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.
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:
Residential
| |
---|---|
Glass containers (05):
|
All glass containers used for packaging food or beverages.
|
Aluminum cans (06):
|
Food and beverage containers made entirely of aluminum.
|
Newspaper (03):
|
All paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Paper Institute grades
#6, #7 and #8 news).
|
Mixed office (02):
|
All computer paper, all high-grade white paper (including letterhead,
typing paper, copier paper, onionskin, tissue, and notepad).
|
Corrugated (01):
|
Containers and similar paper items, usually used to transport
supplies, equipment, parts, or other merchandise.
|
Other paper/ magazines/junk mail (04):
|
All magazine stock, white and colored paper and envelopes.
|
Plastic (08):
|
Containers such as polyethylene terephthalate (PETE - #1) soda
bottles, high-density polyethylene (HDPE -#2) milk, water or detergent
bottles.
|
Yard trimmings (19):
|
Leaves (19), grass clippings (18), stumps (20), brush (17),
and other lawn and garden trimmings from homes, institutions, commercial
or industrial sources.
|
Steel cans (07):
|
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.
|
Tires (15):
|
Rubber-based scrap auto-motive, truck, and specialty tires (e.g.,
forklift tires).
|
White goods and light iron (11):
|
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.
|
Consumer electronics (21)
|
Any appliance used in the home or business that includes circuitry.
Consumer electronics includes the components and subassemblies that
collectively make up the electronic products and may, when individually
broken down, include batteries, mercury switches, capacitors, containing
PCB's, cadmium plated parts and lead or cadmium containing plastics.
Examples of consumer electronics include, but are not limited to,
computers, printers, copiers, telefacsimiles, VCRs, stereos, televisions,
and telecommunication devices.
|
Food scraps (23):
|
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.
|
Textiles (29):
|
Cloth material such as cotton, linen, wool, nylon, polyester,
etc., derived from clothing, cloth diapers, linens, carpet, etc.
|
Commercial
| |
Glass containers (05):
|
All glass containers used for packaging food or beverages.
|
Aluminum cans (06):
|
Food and beverage containers made entirely of aluminum.
|
Newspaper (03):
|
All paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Paper Institute grades
#6, #7 and #8 news).
|
Mixed office (02):
|
All computer paper, all high-grade white paper (including letterhead,
typing paper, copier paper, onionskin, tissue, and notepad).
|
Corrugated (01):
|
Containers and similar paper items, usually used to transport
supplies, equipment, parts, or other merchandise.
|
Other paper/ magazines/junk mail (04):
|
All magazine stock, white and colored paper and envelopes.
|
Plastic (08):
|
Containers such as polyethylene terephthalate (PETE - #1) soda
bottles, high-density polyethylene (T-IDPE #2) milk, water or detergent
bottles.
|
Steel cans (07):
|
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.
|
Tires (15):
|
Rubber-based scrap auto-motive, truck and specialty tires (e.g.
forklift tires).
|
White goods and light iron (11):
|
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.
|
Consumer electronics (21)
|
Any appliance used in the home or business that includes circuitry.
Consumer electronics includes the components and assemblies that collectively
make up the electronic products and may, when individually broken
down, include batteries, mercury switches, capacitors, containing
PCB's, cadmium plated parts and lead or cadmium containing plastics.
Examples of consumer electronics include, but are not limited to,
computers, printers, copiers telefacsimiles, VCRs, stereos, televisions,
and telecommunication devices.
|
Food scraps (23):
|
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.
|
Textiles (29):
|
Cloth material such as cotton, linen, wool, nylon, polyester,
etc., derived from clothing, cloth diapers, linens, carpet, etc.
|
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.
Person or persons who shall be authorized to enforce the
chapter as directed by the Municipal Recycling Coordinator.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Borough
of Woodstown.
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.
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 that are separated at the point of generation
by the generator thereof from solid waste for the purposes of recycling.
A.Â
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.
(1)Â
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.
(2)Â
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:
A.Â
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. Plastic bags and/or
plastic wrap shall not be permitted to be used to hold or contain
recyclables within the curbside container(s). 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.
[Amended 11-10-2020 by Ord. No. 2020-8]
B.Â
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.
C.Â
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.
A.Â
All commercial, business or industrial facilities shall be required
to comply with the provisions of this chapter.
B.Â
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.Â
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.
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.
[Amended 9-8-09 by Ord. No 2009-20]
A.Â
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:
(1)Â
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; 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 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.
C.Â
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.
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 visible
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 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.
C.Â
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.
[Amended 11-10-2020 by Ord. No. 2020-8]
The Municipal Recycling Coordinator, Municipal Recycling Enforcement
Officer(s), the Board of Health, Municipal Code Enforcement Officer,
and Salem County Department of Health are hereby individually and
severally empowered to enforce the provisions of this chapter.
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.
The Municipal Recycling Coordinator, subject to the approval
of the Borough Council, shall establish and promulgate reasonable
rules and regulations as to the manner, days and times for the collection,
sorting, transportation, sale and/or marketing of said recyclable
materials in order to encourage the preservation of material resources
while minimizing the cost of the recycling program to the Borough
of Woodstown.
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.
[Amended 11-10-2020 by Ord. No. 2020-8]
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.
Any person who is convicted of violating the provisions of this
chapter within one year of the date of a previous violation of the
same chapter 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 chapter, but shall be calculated separately from
the fine imposed for the original violation of this chapter. 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.