[HISTORY: Adopted by the Township Committee of the Township
of Raritan as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 05-26 (Ch. 8.48 of the 2000 Code)]
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article 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.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
Leaves.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed
during the seven days prior to a scheduled and announced collection,
and yard waste shall not be placed closer than 10 feet to any storm
drain inlet. Placement of such yard waste at the curb or along the
street at any other time or in any other manner is a violation of
this article. If such placement of yard waste occurs, the party responsible
for placement of the yard waste must remove the yard waste from the
street or said party shall be deemed in violation of this article.
This article shall be enforced by the Police Department of the
Township of Raritan, the Land Use Enforcement Officer and/or the Board
of Health.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $500 for
each violation.
[Adopted by Ord. No. 10-19 (Ch. 8.36 of the 2000 Code)]
A.
There is established for all occupants
and owners of residential, commercial, industrial and institutional
establishments located within the Township of Raritan a program for
the mandatory separation of designated recyclable materials, effective
as of the date of the article and in accordance with said article
and the rules and regulations issued by the Township Committee.
B.
All residents, citizens, persons
and owners, and commercial, industrial and institutional entities
that own, occupy or use property in the Township shall separate designated
recyclable materials from all other solid waste products in such premises
and shall either contract for the removal and disposition of recyclable
materials as set forth in this article with a private contractor or
deliver such recyclable materials to the Public Works Center of the
Township located on Pennsylvania Avenue at the times and in the manner
as established in this article and the authorized rules and regulations.
C.
Upon delivery of the designated
recyclable materials to the Public Works Center of the Township, such
items shall become the property of the Township or its authorized
agent. It shall be a violation of this article for any person not
authorized by the Township to collect or pick up or cause to be collected
or picked up any designated recyclable materials. Any and each such
collection in violation hereof from one or more residences shall constitute
a separate distinct offense punishable as hereinafter provided.
D.
No recyclable that is being collected
as part of the Township recycling program may be donated or sold to
or received by any person, partnership or corporation (whether operating
for profit or not for profit) unless the person, partnership or corporation
has first received written authorization from the Municipal Recycling
Coordinator.
E.
All commercial, industrial and
institutional entities shall be permitted to recycle the designated
recyclable materials directly with an appropriate recycling center
or other facility as may be designated by the State of New Jersey,
only after first registering for such direct disposal with the Township
Superintendent of Public Works and upon the condition that the entity
shall provide to the Township Superintendent of Public Works or Recycling
Coordinator, on a monthly basis, a certified statement of disposal
and copies of the weight slips on all materials recycled in the previous
month.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As used in this article, the following terms shall have the
meanings indicated:
The implementing agency for the Hunterdon County Solid Waste
Management Plan, the Hunterdon County Utilities Authority.
Those materials designated within the Hunterdon County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include:
Designated recyclable materials for the generators of residential,
commercial, industrial and institutional waste:
CORRUGATEDContainers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
MIXED OFFICE AND COMPUTER PAPERAny and all types of office-type paper including, but not limited to, computer paper, high-grade white paper, typing paper, copier paper, onion-skin, tissue paper, notepad, envelopes, manila folders and colored paper, or any mix thereof.
NEWSPAPERAll paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association Grade Nos. 6, 7 and 8 news).
OTHER PAPER/MAGAZINES/JUNK MAILAll paper which is not defined as corrugated, mixed office paper, computer paper or newspaper.
GLASS CONTAINERSAll glass containers used for packaging food or beverages.
ALUMINUM CANSFood and beverage containers made entirely of aluminum.
STEEL CANSRigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages, and a variety of other household and consumer products.
PLASTIC CONTAINERSContainers including polyethylene terephthalate (PETE No. 1) soda bottles and high-density polyethylene (HDPE No. 2) milk, water or detergent bottles.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Additional designated recyclable materials for the generators
of commercial, industrial and institutional waste:
WHITE GOODS and LIGHT IRONAll 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.
ANTIFREEZEAll automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
BATTERIES, LEAD-ACIDBatteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
USED MOTOR OILPetroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
TIRESRubber-based scrap automotive, truck or specialty (e.g., forklift) tires. The tires must be recycled at a facility approved by the New Jersey Department of Environmental Protection.
Designated recycle materials from generators of residential
waste that are collected by Hunterdon County:
ANTIFREEZEAll automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
BATTERIES, LEAD-ACIDBatteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
USED MOTOR OILPetroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
BATTERIES, HOUSEHOLDAny type of button, coin, cylindrical, rectangular or other shaped enclosed device or sealed container which was utilized as an energy source for commercial, industrial, medical, institutional or house-hold use. This does not include lead acid batteries from vehicles.
MERCURY-CONTAINING DEVICESFluorescent and compact florescent tubes (CFTs), high intensity discharge (HID) and neon lamps, electrical switches, thermostats and any batteries containing mercury.
PETROLEUM-CONTAMINATED SOILNonhazardous soils containing petroleum hydrocarbons resulting from spills, leaks or leaking underground storage tanks used for gasoline or any other commercial fuel and which are recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1 et seq. NOTE: This material can be recycled at Class B facilities (for example, authorized asphalt manufacturers).
The person or person appointed by the Mayor of the Township
of Raritan 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 Raritan.
Commercial, industrial and institutional establishments that
operate or conduct any business or operations which cannot be included
within the definitions of residential dwellings or residential dwelling
complex.
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.
Any building or structure or complex of buildings in which
fewer than three 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).
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,[1] P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
[1]
Editor's Note: See N.J.S.A. 55:13A-3(j).
A.
In order to carry out the requirements
of the New Jersey Mandatory Source Separation and Recycling Act ("Act")[1] and the Hunterdon County District Solid Waste Management
Plan ("plan"), the position of Municipal Recycling Coordinator is
hereby established, who shall be responsible for compliance with said
Act, plan and applicable Township regulations.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 to 13:1E-99.32.
B.
The Municipal Recycling Coordinator
will be appointed annually by the Mayor and will serve a term of one
year. The Mayor will annually affirm, in writing, the name of the
person holding the position of Township Recycling Coordinator, and
the Township Committee will set the amount of salary for the position.
C.
The Municipal Recycling Coordinator
will report to the Township Committee and Township Clerk at least
once annually on the status of the municipal recycling program, and
shall from time to time advise and make recommendations as to how
the requirements set forth in this article may be effectuated. The
Municipal Recycling Coordinator shall report, at a minimum, the following:
(1)
Tonnages that have been recycled
by the municipal recycling program since the last report;
(2)
Any additional materials that
can reasonably be considered to be recycled as part of the municipal
recycling program;
(3)
The impact that the municipal
recycling program has had upon the amount of solid waste generated
within the Township;
(4)
Report on financial or technical
assistance that is available to the municipal recycling program; and
(5)
Recommend revisions of the
rules and regulations of the municipal recycling program as developed
by the Township Committee.
D.
The Municipal Recycling Coordinator
will attend all Municipal Recycling Coordinator meetings that the
Township Committee deems to be important. This includes meetings that
may be conducted by the state, the county or other appropriate organizations.
E.
The Municipal Recycling Coordinator
shall promote the municipal recycling program by educating citizens,
businesses, institutions, and organizations of the need to participate
in the municipal recycling program and shall explain to citizens,
businesses, institutions and organizations the provisions of this
article and assist in the enforcement thereof.
A.
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 Raritan, 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 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 Township Public Works
Department.
B.
Unless the Township Public Works Center located on Pennsylvania Avenue as described in § 382-5 is being utilized for the disposal of designated recyclable materials, every owner and/or occupant of residential or nonresidential premises must contract for the removal and disposition of recyclable materials as set forth in this article with a private contractor. Residential recycling contracts must comply with the provisions of this article and must further provide for not less than monthly pickup.
C.
In the event that a Township,
county or state facility accepts mandatory recyclable material as
set forth in this article, then the residential and/or nonresidential
owner or occupant may utilize such facility, to the extent permitted
by the owner or operator of such facility.
A.
The occupant(s) and owner(s) of
any residential property shall be responsible for compliance with
this article. For multifamily units, the management or owner is responsible
for setting up and maintaining a recycling system, including collection
of recyclable materials, in accordance with guidelines or regulations
established by the Township Department of Public Works. Violations
and penalty notices will be directed to the occupant. In instances
where the violator is not easily identifiable, violations and penalty
notices will be directed to the owner/management. The owner/management
shall issue notification and collection rules to occupants when they
arrive and at least twice annually during their occupancy.
B.
Failure of occupant(s) and/or
owner(s) of any residential property to abide by the rules and regulations
of this section may be fined not less than $50 nor more than $250
for each month of noncompliance. Prior to taking enforcement action
pursuant to this section, the Municipal Recycling Coordinator or other
enforcement officer shall issue one warning to any occupant which
is in violation of this article, which warning shall include educational
information regarding proper procedures for recycling.
A.
The occupant(s) and owner(s)
of any residential property shall be responsible for compliance with
this article. The owner of each residential complex is responsible
for providing a recycling depot for the entire complex. The depot
shall be equipped with owner- or contractor-supplied receptacles for
each category of designated recyclable material.
B.
Failure of an occupant within
a residential complex to comply with the requirements of this article
may be fined not less than $50 nor more than $250 for each month of
noncompliance.
C.
The owner/management shall issue
notification and collection rules to new tenants when they arrive
and at least twice annually during their occupancy.
D.
The owner of each residential
complex shall report to the Municipal Recycling Coordinator by February
15 of each year the recycling activity of the prior year. The report
shall include the amount of recycled material-by-material type and
the vendor or vendors providing recycling service. The information
must be supplied to the Municipal Recycling Coordinator and directed
to the attention of the Municipal Recycling Coordinator by name and
address. The county must also be copied on this information.
E.
Prior to taking enforcement action
pursuant to this section, the Municipal Recycling Coordinator or other
enforcement officer shall issue one warning to the owner which is
in violation of this section. The warning shall include educational
information regarding proper procedures for recycling including instruction
as to how the owner can reasonably provide adequate recycling facilities
to ensure compliance with this article. After the initial warning,
the Municipal Recycling Coordinator or other enforcement officer may
issue a summons returnable in the Municipal Court. Each and every
day that the violation continues after the initial warning shall be
considered a separate and specific violation of this article.
A.
"Commercial, industrial and institutional
establishments" are defined as all entities which operate or conduct
any business whatsoever which cannot be included within the definitions
of a residential dwelling or complex.
B.
All commercial, industrial and
institutional generators of solid waste shall be required to comply
with the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Unless the property owner provides
for the collection of designated recyclable materials, arrangement
for collection of designated recyclables shall be the responsibility
of the commercial, institutional or industrial occupant. All commercial,
institutional or industrial property owners which provide outdoor
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.
D.
Unless the property owner provides
for the collection of designated recyclable materials, every occupant
of a commercial, industrial or institutional facility or their designee
(including solid waste and recycling transporters) shall cooperate
in communicating recycling activity. Such communication shall include
reporting to the Municipal Recycling Coordinator by February 15 of
each year the occupant's recycling activity of the prior year. The
report shall include the amount of recycled material-by-material type
and the vendor or vendors providing recycling service. The information
must be supplied to the Municipal Recycling Coordinator and directed
to the attention of the Municipal Recycling Coordinator by name and
address. The county must also be copied on this information.
E.
If the property owner provides
recycling collection services for the occupants of the property, the
owner or their designee (including solid waste and recycling transporters)
shall cooperate in communicating recycling activity. Such communication
shall include reporting to the Municipal Recycling Coordinator by
February 15 of each year the recycling activity on the property in
the prior year. The report shall include the amount of recycled material-by-material
type and the vendor or vendors providing recycling service. The information
must be supplied to the Municipal Recycling Coordinator and directed
to the attention of the Municipal Recycling Coordinator by name and
address. The county must also be copied on this information.
F.
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.
G.
Prior to taking enforcement action
pursuant to this section, the Municipal Recycling Coordinator or other
enforcement officer shall issue one warning to any commercial, industrial
or institutional establishment which is in violation of this section,
which warning shall include educational information regarding proper
procedures for recycling. After the initial warning, the Municipal
Recycling Coordinator or other enforcement officer may issue a summons
returnable in the Municipal Court. Each and every day that the violation
continues after the initial warning shall be considered a separate
and specific violation of this article.
A.
Any application to the Planning
Board or Zoning Board of Adjustment of the Township of Raritan 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 issuance of a certificate
of occupancy by the Township of Raritan, the owner of any new multifamily
housing or commercial, institutional, or industrial development must
supply to the Township Clerk a copy of a duly executed contract with
a hauling company for the purposes of collection and recycling of
source-separated recyclable materials.
C.
Provision shall be made for the
indoor, or enclosed outdoor, storage and pickup of solid waste, to
be approved by the Township 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 Health Code.
C.
Once placed in the location for
collection, no person, other than those authorized by the Township,
shall tamper with, collect, remove, or otherwise handle solid waste
or designated recyclable materials.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
A minimum of once a year or when
necessary to reflect program or regulatory modifications, solid waste
transporters shall notify all customers:
(1)
What materials are designated
to be source-separated from solid waste and must be recycled in Hunterdon
County and that these items are prohibited in solid waste.
(2)
That discovery of designated
recyclable items in solid waste may result in the waste not being
collected and that the generator is subject to a monetary fine.
(3)
That solid waste transporters
are prohibited by law to collect solid waste containing mandated recyclable
materials.
(4)
That documentation of proof
of solid waste and recycling collection service must be maintained
and that this documentation must be made available to the property
owner, Township or county upon request.
B.
No later than February 15 of
each year, all solid waste companies will provide a detailed report
of all recycling activities to all commercial and institutional solid
waste customers. The report will include a breakdown of the materials
collected for recycling, the total weight of each material collected
for recycling and the recycling market for each of the materials collected.
The information must be supplied to the Municipal Recycling Coordinator
and directed to the attention of the Municipal Recycling Coordinator
by name and address. The county must also be copied on this information.
C.
No later than February 15 of
each year, all solid waste transporters will provide each municipality
and the county with a summarization of recycling activity in the Township
including totals of all residential, commercial and institutional
recycling. The report will include a breakdown of the materials collected
for recycling, the total weight of each material collected for recycling
and the recycling market for each of the materials collected. The
information must be supplied to the Municipal Recycling Coordinator
and directed to the attention of the Municipal Recycling Coordinator
by name and address. The county must also be copied on this information.
D.
Failure of the solid waste transporter
to comply with the provisions of the Solid Waste Management Plan,
as amended, and this article shall constitute a violation and subject
the solid waste transporters to those penalties as prescribed in this
article and state recycling regulations.
Unless the solid waste and recycling collection services have
otherwise been provided for by the Township, pursuant to N.J.S.A.
40:66-5.1, all residential, commercial, industrial and institutional
generators of solid waste must, upon request by the Township, supply
proof that solid waste and recycling collection services have been
contracted by the generator. The information requested for proof of
service may include provision of weight receipts or billing statements.
The procedure by which the Township may request receipts or other
documentation must be detailed in a process approved by the Township
Committee.
A.
The Township Committee will promulgate
reasonable rules and regulations for recycling at the Township Public
Works Center. The rules and regulations shall include Appendixes A,
B and C attached to this article.[1] New rules and regulations promulgated after the effective
date of this article shall be effective no earlier than 30 days nor
later than 90 days from the date of promulgation and publication of
the rules and regulations. Such regulations as may be promulgated
under this article may be changed, modified, amended or repealed by
resolution of the Township Committee.
[1]
Editor's Note: Appendixes A, B and C are included as attachments to this chapter.
B.
Appendix A establishes a schedule
and collection preparation requirements at the Township Public Works
Center.
C.
Appendix B designates materials
that are required to be recycled by the residents, citizens, persons
and commercial, industrial and institutional entities pursuant to
the county and Township recycling plans.
D.
Appendix C designates materials
that are not required to be recycled in the Township.
A.
Unless provided otherwise in
this article, any person, corporation or entity who violates or neglects
to comply with any provision of this article or any regulation promulgated
hereunder shall, upon conviction thereof, be punishable by a fine
not to exceed $500 and/or by imprisonment for up to 30 days, and/or
by a period of community service not exceeding 30 days, in the discretion
of the court. Each and every day that such a violation continues shall
be considered a separate and specific violation of this article.
B.
The provisions of this article
and the rules and regulations promulgated hereunder shall be enforced
by the Municipal Recycling Coordinator and/or the recycling enforcement
specialist of Hunterdon County and/or the Township Construction Official,
and such other designated officer of the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
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.
D.
Fines levied and collected pursuant
to the provisions of this article shall be deposited into the municipal
recycling trust fund. Monies in the municipal recycling trust fund
shall be used solely for the expenses of the Township recycling program.
