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City of South Amboy, NJ
Middlesex County
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Table of Contents
Table of Contents
[Ord. No. 25-2007]
As used in this Article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Cans made entirely of aluminum, commonly used for beverages or other nontoxic liquids. All other aluminum products such as foil, pie pans and aluminum siding are excluded.
AUTHORITY
The Middlesex County Improvement Authority, a public body corporate and politic of the State of New Jersey, organized by the county pursuant to the County Improvement Authorities Law (N.J.S.A. 40:37A-44 et seq.).
BEVERAGE
Milk, alcoholic beverages, including beer or other malt beverages, liquor, wine, vermouth and sparkling wine, and nonalcoholic beverages, including fruit juice, mineral water and soda water, and similar nonalcoholic carbonated and noncarbonated drinks intended for human consumption.
BEVERAGE CONTAINER
An individual, separate, hermetically sealed, or made airtight with a metal or plastic cap, bottle or can composed of glass, metal, plastic or any combination thereof containing a beverage.
BIMETAL PRODUCTS
Ferrous materials, including steel, cast-iron and tin-plated steel cans.
BRUSH
Branches, woody plants and other like vegetative material that do not exceed five inches in diameter and Christmas trees. "Brush" does not include leaves and grass clippings.
BULK WASTE
Includes but is not limited to household furnishings, construction and demolition waste and white goods.
CONSTRUCTION WASTE AND DEMOLITION WASTE
Those materials generally associated with the construction of any building or addition or demolition and removal of same, including but not limited to wood, plasterboard, shingles, insulation, plumbing and electrical fixtures, floor coverings and concrete.
CORRUGATED CARDBOARD
Includes materials consisting of two pieces of paper surrounding a corrugated center. It does not include such items as shoe boxes, shirt boxes, tissue boxes and other items which are manufactured out of chipboard.
COUNTY
The County of Middlesex, New Jersey.
DEPARTMENT
The Department of Environmental Protection.
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials, including aluminum, glass, plastic containers, mixed paper, bimetals, brush, motor oil, textiles, corrugated cardboard, newspaper and leaves, designated in a district recycling plan to be source separated in a municipality.
DISPOSITION OR DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
The transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months of designated recyclable materials for all possible uses, except for disposal as solid waste.
DISTRICT
A solid waste management district as designated by Section 10 of P.L. 1975, c. 326 (N.J.S.A. 13:1E-19), except that, as used in the provisions of this amendatory and supplementary act, "district" shall not include the Hackensack Meadowlands District.
DISTRICT RECYCLING PLAN
The plan prepared and adopted by the governing body of a county and approved by the Department to implement the State Recycling Plan goals pursuant to § 79-9 of this amendatory and supplementary act.
ELECTRONICS
Televisions, Central Processing Units, (CPUs) monitors, laptops, and mercury-containing devices.
[Ord. No. 25-2007]
FLUORESCENT BULBS
Lamps that contain mercury.
[Ord. No. 25-2007]
GLASS
Bottles and jars made of silica, soda ash and limestone, being transparent or translucent and breakable. Specifically excluded are plastics or any other glass products, such as window glass, light bulbs, mirrors, fluorescent bulbs and ceramics.
HIGH-GRADE OFFICE PAPER
Includes fine paper, bond paper, offset paper, xerographic paper, mimeograph paper, duplicator paper and related types of cellulose materials containing not more than 10% by weight or volume of noncellulosic materials, such a laminates, binders, coatings or saturants.
LEAVES
Materials that are formed from trees and bushes referred to as fallen leaves suitable for composting.
MARKET OR MARKETS
The disposition of designated recyclable materials source-separated in a municipality, which entails a disposition cost less than the cost of transporting the recyclable materials to solid waste facilities and disposing of them as municipal solid waste at the facility utilized by the municipality.
MASONRY/PAVING MATERIAL
Asphalt, block, brick, cinder and concrete.
[Ord. No. 25-2007]
MIXED PAPER
Glossy inserts, magazines, telephone books, junk mail, colored paper, computer paper, office paper, paperboard (chipboard and pressboard), non metallic wrapping paper, soft cover books, hard cover books with covers removed and fine paper.
[Ord. No. 25-2007]
MOTOR OIL
A petroleum-based or synthetic oil whose use includes but is not limited to lubrication of internal-combustion engines, which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
MUNICIPAL SOLID WASTE STREAM
All residential, commercial and institutional solid waste generated within the boundaries of any municipality.
MUNICIPALITY
The City of South Amboy, New Jersey.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other materials of public interest.
PAPER PRODUCT
Any paper items or commodities, including but not limited to paper napkins, towels, corrugated and other cardboard, construction material, toilet tissue, paper and related types of cellulosic products containing not more than 10% by weight or volume of noncellulosic material, such as laminates, binders, coatings or saturants.
PLASTIC FILM
STRETCH/SHRINK WRAP, PLASTIC SHOPPING BAGS
Only for warehouses, retail establishments and supermarkets with 25 or more employees.
[Ord. No. 25-2007]
PLASTICS
Those items made with PET or HDPE and include but are not limited to such items as plastic soda bottle, milk containers, water bottles and other similar containers.
POSTCONSUMER WASTE MATERIAL
Any product generated by a business or consumer which has served its intended end use and which has been separated from solid waste for the purposes of collection, recycling and disposition and which does not include secondary waste material or demolition waste.
RECHARGEABLE BATTERIES
Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MII), Lithium Ion (Li-ion) and Small Scaled Lead (Pb).
[Ord. No. 25-2007]
RECYCLABLE MATERIAL
Those materials which would otherwise become municipal solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLED PAPER
Any paper having a total weight consisting of not less than 50% secondary wastepaper material.
RECYCLED PAPER PRODUCT
Any paper product consisting of not less than 50% secondary wastepaper material.
RECYCLING
Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING CENTER
Any facility designed and operated solely for receiving, storing, processing and transferring source-separated, nonputrescrible or source-separated-separated commingled nonputrescible metal, glass, motor oil, brush, paper, plastic containers and corrugated and other cardboard or other recyclable materials mandated by the city or Authority.
RECYCLING SERVICES
The services provided by persons engaging in the business of recycling, including the collection, processing, storage, purchase, sale or disposition, or any combination thereof of recyclable materials.
SECONDARY WASTE MATERIAL
Waste material generated after the completion of a manufacturing process.
SECONDARY WASTEPAPER MATERIAL
Paper waste generated after the completion of a paper mailing process, such as postconsumer waste material, envelope cuttings, bindery trimmings, printing waste, cutting and other converting waste, butt rolls and mill wrappers; except that, secondary wastepaper material shall not include fibrous waste generated during the manufacturing process, such as fibers recovered from waste water or trimmings of paper machine rolls, food waste, fibrous byproducts of harvesting, extractive or wood cutting processes or forest residue such as bark.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials, including but not limited to paper, metal, glass, textiles, motor oil, brush, office paper and plastic, which are kept separate and apart from residential, commercial and institutional solid waste by the generator thereof for the purposes of collection, disposition and recycling.
STEEL CANS
Tin-plated, bimetal and other ferrous food and beverage containers.
TEXTILES
Clean, dry clothing or other fabric measuring at least one by one (1 × 1) foot in size.
TIRES
Rubber-based scrap automotive, truck and equipment tires. (Ord. No. 25-2007)
WHITE GOODS
Washers, dryers, ranges, refrigerators, air conditioners. Note: all devices that contain Chlorofluorocarbons (CFCs) must be properly evacuated by licensed individuals and all (CFCs) recovered must be sent to an EPA approved reclaimer. (Ord. No. 25-2007)
WOOD SCRAP
Unfinished lumber from new construction projects including pallets. Unfinished shall mean non-chemically treated (not pressure treated, impregnated with preservatives, insecticides, fungicides, creosote, or other chemicals, and not painted, resin-coated or otherwise surface treated, and not laminated or bonded; and not similarly altered from its natural condition) only for new construction sites.
A. 
Establishment of office. There is hereby established in the City of South Amboy the office of Recycling Coordinator, whose responsibilities shall include but not be limited to membership in the Recycling Committee for the purpose of development and implementing regulations hereunder.
B. 
Duties.
(1) 
The Recycling Coordinator shall also serve as liaison with any county and state recycling offices or programs.
(2) 
The City Recycling Coordinator shall prepare and distribute additional literature and educational materials describing, among other things, the municipal recycling program established pursuant to this Article II, Recycling, the county-wide recycling program and the recycling services to be provided within the geographic boundaries of the municipality, the designated recyclables to be source-separated, the manner or method of preparing source-separated material for collection and the location and schedule for collection. All such literature and other educational materials shall be prepared in accordance with written guidelines established by the Authority and shall be approved by the Authority prior to distribution.
C. 
Appointment. The Recycling Coordinator shall be appointed by the Mayor with the advice and consent of the City Council and shall serve for a two-year term. Compensation shall be fixed by the Council.
A. 
Establishment of committee. There is hereby established a Recycling Committee in the City of South Amboy. Membership on the Committee shall consist of the Mayor, the Business Administrator, the Division of Public Works, the Recycling Coordinator and a member of the City Council, as appointed by the Council President.
B. 
Duties. The Recycling Committee is hereby authorized and directed to set out instructions and aid in the implementation of the necessary regulations as to the selection and designation of recyclable materials to be source-separated, in accordance with this Article, the Middlesex County Improvement Authority and the laws of the State of New Jersey and to establish the manner, methods and programs for the collection and disposition, including sale, of designated recyclable materials, in accordance with the provisions hereof. The Recycling Committee may designate, in the City of South Amboy, recycling depots and direct that those persons subject to this Article deliver recyclable material to a recycling depot, at such times, in such manner and in such receptacles as deemed appropriate by the Recycling Committee.
C. 
Rules and regulations.
(1) 
Such regulations as may be promulgated under this Article may be changed, modified, amended, tolled or repealed by the City Council, by majority vote. No enforcement of this Article shall be made until such time as the rules and regulations to be promulgated hereunder by the Recycling Committee have been published.
(2) 
The governing body shall notify, at least twice yearly, all persons occupying residential, commercial and industrial premises within the city limits of local recycling opportunities and the source separation requirements as outlined in the rules and regulations. In order to fulfill the notification requirement, the governing body, at its discretion, may:
(a) 
Place an advertisement in a newspaper circulating within the municipality;
(b) 
Post a notice in public places where public notices are customarily posted;
(c) 
Include notice with other official notifications periodically mailed to residential taxpayers; or
(d) 
Any combination thereof as is deemed appropriate.
(3) 
In addition, the governing body shall notify all persons occupying residential, commercial or industrial premises of all changes or amendments to the rules and regulations by any of the above methods. The change or amendment to the rules and regulations shall become effective no less than seven days after official notice.
A. 
The City of South Amboy hereby adopts this section to provide for recycling within its borders, pursuant to the Recycling Act (N.J.S.A. 13:1E-92 et seq.), adopting herein the Middlesex County Recycling Plan as its official municipal recycling program.
B. 
All residential and commercial contracts for solid waste collection and/or disposal within the City of South Amboy shall be consistent with this section and the Middlesex County Recycling Plan.
A. 
Mandatory source separation. From and after the date of passage of this Article, it shall be mandatory for all persons who are owners, tenants or occupants of residential and nonresidential premises located within the City of South Amboy to separate designated recyclable materials from all other solid waste produced by such persons and to separately bundle such designated recyclable materials for pick up, collection and recycling. Such designated recyclable material shall be deposited separate and apart from other solid waste generated by the premises occupied by such persons and shall be placed separately at the curb in a manner and on such days and at such times as may be hereinafter established by regulations promulgated by the Recycling Committee.
B. 
Mandatory separation of items.
The following items shall be separated from the waste flow stream and packaged in appropriate containers for collection as follows and are subject to change via the rules and regulations for residential (including multi-family), commercial, industrial and institutional, government and office parks:
[Ord. No. 25-2007]
ITEM
EXPLANATION
PLACEMENT
Newspaper
Newsprint and glossy inserts to be tied in bundles with string or cord no more than 12 inches high
Bundles left at corner
Mixed paper
Mail, magazines, glossy inserts, junk mail, envelopes and office paper
MCIA container left at curb
Glass bottles*
Clear, green and brown glass, rinse and remove caps
MCIA container left at curb
Plastic containers*
Beverage and laundry containers; rinse and remove caps
MCIA container left at curb
Aluminum steel*
Beverage and food cans; rinse and place in container supplied by MCIA
MCIA container left at curb
Corrugated cardboard
Heavy cardboard, usually packing boxes (not pizza cereal or gift boxes)
Bundles left at curb
Textiles
Clothing and any fabric at least 1 square foot; place at curb in bag provided by the MCIA
Bag left at curb
White goods
By appointment only
Brush & leaves
By appointment only
Masonry-paving material
These items shall be recycled and disposed of in accordance with the Rules and Regulations of the Recycling Program
Rechargeable Batteries
Tires
*Note: These items may be commingled in the round, 20 gallon MCIA container.
For Commercial, Industrial and Institutional, Government and Office Parks:
ITEM
EXPLANATION
PLACEMENT
Electronics; Fluorescent Bulbs; Plastic Film; Wood Scrap
These items shall be recycled and disposed of in accordance with the Rules and Regulations of the Recycling Program
C. 
Construction and demolition waste.
(1) 
It shall be the sole responsibility of the owner of any residential or nonresidential property generating such construction or demolition waste to arrange for private removal of the same.
(2) 
Prior to the issuance of any building permit (site plan or subdivision approval), the Construction Code Official shall obtain certification of the applicant that independent private arrangements have been made for removal of such wastes.
(3) 
Quarterly reports shall be submitted to the Recycling Coordinator by the owner of the premises generating such construction or demolition wastes. The reports shall be submitted in such a manner and contain such information as required by haulers, scavengers and volunteer groups.
Separated recyclable materials become the property of the City of South Amboy at such time as an owner, tenant or occupant of any residential or nonresidential premises shall place at the curb of such premises any designated recyclable materials for collection by the City of South Amboy or its authorized agent.
A. 
Rules and regulations. Recyclable materials shall be separated in accordance with the rules and regulations promulgated by the Recycling Committee.
B. 
Exemptions. Nothing herein shall prevent the use of newspapers for the purpose of wrapping solid waste or the use of glass containers as the receptacles of liquid waste, such as drippings, etc., nor shall this Article prevent the use of leaves for composting purposes on an individual basis, provided that such composting does not provide a danger to the public health, welfare and safety or constitute a nuisance.
C. 
Prohibitions. No person, partnership or corporation shall place into the recycling program any nondesignated material or any hazardous waste.
A. 
The collection of recyclable material shall be in the manner prescribed by the Recycling Committee, as set forth in the rules and regulations.
B. 
All receptacles required herein shall be supplied by the Middlesex County Improvement Authority and shall be placed, prior to collection, between the curb and the sidewalk, where such receptacles shall be readily accessible to the collector without providing obstruction to the sidewalk. 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 outside after 7:00 p.m. of the day immediately preceding the day of collection. After collection, any containers shall be removed from the curbside promptly, but no later than 7:00 p.m. of the day of collection.
A. 
Registration. All haulers and volunteer groups which are involved with recycling and operating within the City of South Amboy shall register with the Recycling Coordinator on a yearly basis, in accordance with the rules and regulations promulgated by the Recycling Committee.
B. 
Reporting.
(1) 
All persons and/or other entities which are required to register with the Recycling Coordinator shall provide the Recycling Coordinator with such information concerning materials and quantities recycled as may be required by the Recycling Coordinator. The reporting of said information shall be in accordance with the rules and regulations promulgated by the Recycling Committee.
(2) 
All haulers, scavengers and volunteer groups involved in recycling within the City of South Amboy and all multifamily dwelling units, industrial and commercial establishments shall file quarterly reports with the Recycling Coordinator. The reports shall include the following information:
(a) 
The name and address of the hauler, scavenger or volunteer group.
(b) 
The item or items recycled, i.e., newspaper, aluminum, glass, etc.
(c) 
The quantity, expressed in pounds, of each item recycled.
(d) 
The name of the recycling center accepting said items.
(3) 
The reports shall be filed as follows and are subject to change by way of the rules and regulations:
(a) 
By April 21 for the quarter ending March 31.
(b) 
By July 21 for the quarter ending June 30.
(c) 
By October 21 for quarter ending September 30.
(d) 
By January 21 for the quarter ending December 31.
Multifamily compliance requirements for condominiums, townhouses and low- and high-rise apartments shall be as follows:
A. 
The management is responsible for setting up and maintaining the recycling system. Violations and penalty notices will be directed to the management. The management will be expected to correct violations promptly and to make necessary direct contacts with residents. The management is responsible for arranging to have recyclables picked up and for resolving any problems with the transporter of the recyclables. Solid waste and recyclable haulers, municipal and private, are responsible for what the pick up. They will be subject to inspections, violation notices and/or summonses, etc., at transfer stations and at landfills.
B. 
Notification and collection rules shall be issued by the management to new tenants when they arrive and to all residents every three months. Copies of these notices or other proof of distribution of the notices must be sent to the Municipal Recycling Coordinator at the time of each mailing or distribution. The management is responsible for obtaining information in order to make reports to the municipality at least every three months on the tonnages of materials recycled in accordance with the schedule established in the rules and regulations promulgated by the Recycling Committee.
Commercial and institutional compliance requirements for retail and wholesale businesses, restaurants, taverns, construction sites, factories, offices, etc., shall be as follows:
A. 
Industrial and commercial institutions shall be required to recycle all items designated as recyclable materials. However, an industrial or commercial institution need not participate in the city's recycling program if the institution provides the Recycling Coordinator with a quarterly report that both outlines the operation of a private recycling program and provides documentation for the total weight of each material recycled in accordance with the schedule contained in the rules and regulations promulgated by the Recycling Committee.
A. 
Violations.
(1) 
It shall be a violation of this Article and the rules and regulations promulgated hereunder for:
(a) 
Any person to collect or pick up or cause to be collected or picked up any such designated recyclable materials, except as may be authorized by the Recycling Committee. Each such collection in violation of this Article, from one or more residential or nonresidential premises, shall constitute a separate and distinct violation of this Article. Nothing herein shall be construed to prohibit an owner, tenant or occupant of any residential or nonresidential premises from donating selling recyclables to any person or entity, whether operating for profit or not for profit, except that such person or entity shall not, under any circumstances, pick up or collect said recyclables from curbsides anywhere in the City of South Amboy.
(b) 
Any person and/or commercial or industrial institution to fail to remove any designated recyclable materials from the waste stream.
(c) 
Any commercial or industrial institution which opts to implement a private recycling program, to fail to provide a quarterly report.
(d) 
Any multifamily complex which opts to implement a private recycling program, to fail to provide a quarterly report.
(e) 
Any person or entity engaged in construction and/or demolition to fail to provide a quarterly report.
(f) 
Any commercial and/or industrial institution which opts to implement a private recycling program to fail to register with the recycling Coordinator.
(g) 
Any multifamily complex which opts to implement a private recycling program to fail to register with the Recycling Coordinator.
(h) 
Any persons engaged in construction and/or demolition who opt to implement a private recycling program to fail to register with the Recycling Coordinator.
(i) 
Any person and/or commercial or industrial institution to dispose of or place into the waste stream within the City of South Amboy any waste or recyclable materials which were generated outside the city limits of the City of South Amboy.
(j) 
Any person, entity or its agents to remove and convert, for their own purpose, recyclable materials that have been placed at curbside.
(2) 
If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
B. 
Penalties. Any person, corporation, occupant or entity who or which violates or fails to comply with any provision of this Article or any of the rules or regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not to exceed $1,000. Upon conviction as a second time offender and for each subsequent conviction, the maximum penalty shall be $2,000.
The Code Enforcement Official, the City Police Department, the Health Officer, The City Recycling Coordinator and/or the city's duly authorized agent are hereby individually and severally empowered to enforce this Article and the rules and regulations promulgated thereunder.
[Ord. No. 25-2007]
At the time of issuance of any building permit, the Construction Code Official will provide written instructions on proper disposal and recycling of construction and demolition waste and furnish a Notification of Construction/Demolition Activity Form that must be filled out by the permitee and faxed to the Middlesex County Division of Solid Waste Management (MCDSWM) within 48 hours of the issuance of a building permit.
[Ord. No. 18-2013]
A. 
Appointment for pick-up
White goods, light metal and household furnishings shall only be collected on a call-in basis. All owners, lessees, tenants or other occupants of residential properties within the City shall call the Division of Public Works to schedule a pick-up date. The residential land owner shall be obligated for compliance with this section.
B. 
Appliances containing Freon.
For all appliances which contain Freon, including, but not limited to, refrigerators, freezers, air conditioners, dehumidifiers and water coolers, shall not be collected as defined by the Clean Air Act, unless the resident shows proof or verification that the Freon has been removed by a certified technician.
C. 
Preparation and handling.
Long pieces of light metal, such as, but not limited to, pipe, basketball stations, or swing sets, shall be cut so that they are no longer than four feet in length. The metal should be bundled or containerized when practical and placed on the curb line on the day assigned for collection.
D. 
Storage and Placement.
No white goods, light metal or household furnishings shall be placed at the curb line without a pre-scheduled pick-up date and without an identification tag. Placement at the curb line with the required identification tag shall not be before 6:00 p.m. on the day before the prescheduled pick up day or after 6:00 a.m. on the pick-up day. Before placement at the curb line for the prescheduled pick up, as stated, the items for pick up shall not be stored at the curb line or on any part of the street or sidewalk or in the resident's front yard, but shall be stored and kept in such a place or places so as not to be a nuisance, private or public.
E. 
Special identification tags.
Each resident shall be entitled to the curb side pick-up of four bulk waste items, annually. Four special identifying tags shall be issued to each resident, annually, to attach to each item of bulk waste for curb side pick-up. Thereafter, identification tags shall be available, for purchase, at a price of $25 per tag. No item of bulk waste will be eligible for curb side pick-up unless it has a special identification tag attached to it. There shall be no charge for bulk waste items dropped off by the resident at the Division of Public Works, located at South Broadway, South Amboy, New Jersey. This service shall be limited to the 3rd Saturday of each month, between the hours of 7:00 a.m. and 11:00 a.m. and no special identification tags shall be required for this service, but the resident shall produce proof of residency in the City of South Amboy.
F. 
Violations.
Any person, corporation, occupant or entity, who, or which, violates or fails to comply with any provision of this section shall, upon conviction thereof, be punishable by a fine, not to exceed $1000. Each day that a violation continues shall constitute a separate offense.