[HISTORY: Adopted by the Township Council of the Township of Pequannock as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-22-1997 as Ch. 124 of the 1997 Code]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
BUILDING MATERIALS/CONSTRUCTION DEBRIS
Waste resulting from the destruction or demolition of structures or buildings or portions of structures or buildings, including but not limited to materials such as concrete blocks, pipe, wallboard, broken concrete, roofing, timbers, lumber, fencing, wire and wood lath, other wood materials and other similar nonputrescible materials.
BULK OR BULKY WASTE
Large items of solid waste, including but not limited to house appliances, air conditioners, heating units, carpeting, home furnishings, and other oversized items whose size precludes or complicates handling by the normal collection process. Included by this definition are wastes generated by households identified by the New Jersey Department of Environmental Protection as ID 13. Specifically excluded by this definition are any building materials and automotive parts.
HAZARDOUS MATERIALS
Any solid waste or by-product which is so classified by the federal or state government.
INDUSTRIAL WASTE
Solid waste resulting from industrial processes and/or manufacturing operations.
MEDICAL WASTE
Any waste generated during the treatment of a patient other than from an individual household source. Sources of medical waste shall include but not be limited to offices of physicians, dentists and veterinarians, medical laboratories, hospitals, clinics, nursing homes and animal hospitals.
QUALIFYING SENIOR CITIZEN
Any resident, subject to the provisions of this article, who is 65 years of age or more and who qualifies for the senior citizen property tax deduction under N.J.S.A. 54:4-8.40 et seq.
RECYCLABLES
Those materials as identified by the Township of Pequannock representing post-consumer materials which are generated within the Township of Pequannock. (Note: See Article II, Recycling, of this chapter.)
REFUSE/GARBAGE
The conventional domestic waste generated by a household and identified by the New Jersey Department of Environmental Protection as solid waste class ID 10. Specifically excluded from this definition are bulk or bulky wastes, recyclable materials, medical waste, industrial waste, vegetative waste, hazardous materials and construction material and debris.
RESIDENTIAL PROPERTY
Properties in the Township consisting of single-family units in a single structure consisting of no more than four family units in one lot. This definition specifically excludes multifamily garden or other apartments and attached units in condominium ownership.
SOLID WASTE
Any garbage, refuse, sludge or any other waste material with insufficient liquid content to be free flowing, excluding those materials defined as recyclable materials.
SOLID WASTE UTILITY
A self-liquidating agency, with a dedicated budget, created to transact solid waste collection and disposal services as outlined below within the Township of Pequannock; said utility operations are separate and distinct but not autonomous from other municipal operations as provided for under N.J.S.A. 40A:4-34 through 40A:4-36.
SUITABLE RECEPTACLE (GARBAGE CAN)
A watertight container, can or barrel made of metal or other durable material with a tight-fitting cover, constructed so as to prevent spillage of its contents; it shall be waterproof and shall not exceed 35 gallons in volume or 50 pounds in weight when filled.
VEGETATIVE WASTE
This shall include leaves, grass, yard cuttings, brush (no larger than four inches in diameter), and Christmas trees generated by residential units. Included are wastes generated by households identified by the New Jersey Department of Environmental Protection as ID 23.
A. 
A Solid Waste Utility is hereby created to transact the collection of solid waste and disposal as provided by law.
B. 
Said Solid Waste Utility shall be self-liquidating with a dedicated budget as provided by N.J.S.A. 40A:4-34 through 40A:4-36.
A. 
Residential property. Effective October 1, 1990, every residential property as defined above shall receive garbage collection and disposal services through the Township of Pequannock. The owner of the residential property shall be charged a fee for each dwelling unit as established herein.
B. 
Properties other than residential. The owners of all properties other than residential as described in this article shall be required to make adequate provision for the collection and disposal of solid waste generated by their premises. Upon request by the Health Officer, the owner shall submit proofs to the Health Department to establish that this provision has been met. When approved by the Health Officer, the owner may provide for these services through the Township of Pequannock by written application and payment of collection and disposal fees as defined herein. The Department of Health shall determine whether these services may be provided by the Township based upon whether the premises are able to be property serviced either by curbside collection or container under the contracts in force with private collector(s) at the time service is requested. In making this determination, the Health Department shall evaluate the entire premises, including any separate tenancies on the premises.
A. 
Temporary cessation of service. Residential property owners may temporarily stop garbage collection service to their home in the event it will be unoccupied for an extended period of time. There will be no charge for the period that the service is stopped. Temporary cessation of service must be for a minimum of three months and be in full month increments. To be eligible for a temporary service stoppage, a homeowner must:
(1) 
Be current with all fees and charges owed to the Township at the time of the request.
(2) 
Request the stoppage in writing to the Utility Collector, specifying the stop and start dates.
(3) 
Have their water service stopped for a minimum of the same period of time in accordance with Chapter 346, Water, of the Township Code. Property owners who receive garbage collection service and are not connected to municipal water service shall certify, under oath, in writing that the home will be vacant and no water used during the time period stipulated.
B. 
No refuse placed during temporary cessation. A homeowner who has received a temporary cessation of garbage collection service shall not deposit any refuse to be collected at the property where service has been stopped during the time period that has been stipulated.
C. 
Failure to comply. Any residence where refuse is placed to be collected during a temporary cessation in service will be billed for service for the entire period of stoppage and interest from the date that billing would have occurred had service not been stopped in addition to any other penalties that may be imposed as provided by this article.
A. 
Containers and location. The owners of any premises receiving collection services from the Township of Pequannock may dispose of up to two thirty-gallon or three twenty-gallon containers per collection, which containers shall be placed within five feet of the street or traveled way in front of the premises or at such location as directed by the Department of Health. The owners shall comply with rules and regulations promulgated by the Health Department regulating and scheduling solid waste collection.
B. 
Time of placement. All owners and tenants shall not place any containers at the designated location prior to 6:00 p.m. the evening prior to scheduled collection and shall remove all empty containers after collection no later than 6:00 p.m. on the day of collection.
[Amended 2-24-1998 by Ord. No. 98-05; 3-27-2001 by Ord. No. 2001-04; 2-28-2006 by Ord. No. 2006-03; 2-23-2010 by Ord. No. 2010-01; 10-26-2010 by Ord. No. 2010-29; 3-10-2015 by Ord. No. 2015-01; 10-13-2015 by Ord. No. 2015-15; 11-24-2020 by Ord. No. 2020-11]
A. 
Fee. The fee for residential refuse and recycled material collection and disposal per unit shall be as follows:
(1) 
For each single-family dwelling the rate shall be set according to the schedule in Chapter 152, Fees.
(2) 
Nonresidential properties approved for service shall pay a fee equal to the basic residential fee for equal service or on a cubic-foot basis, based upon the service required and the size of the container utilized.
B. 
Senior citizens. Senior citizens who are subject to the fees set forth in this article and who qualify for and receive property tax deductions under N.J.S.A. 54:4-8-40 et seq. shall be eligible for a reduced fee for refuse collection. A qualifying senior citizen shall file a request with the Utility Collector for the reduced fee. The Tax Collector shall certify that the applicant does qualify for and receive the property tax deduction as permitted by statute. The sum deducted pursuant to this subsection is set as provided in Chapter 152, Fees.
C. 
Bills to be rendered quarterly. Bills for refuse collection shall be rendered quarterly, except for the initial billing period which shall be prorated. For the purpose of billing, the calendar year shall be subdivided and designated as follows: the year period shall begin on January 1 and end on December 31; the quarterly periods shall begin on the first day of January, April, July and October, respectively, and shall extend to the beginning of the succeeding quarterly period.
D. 
Responsibility for payment. Unpaid balances are liens against property. The owner of each property provided refuse collection and disposal shall be entirely responsible for payment of bills of said refuse collection and disposal as rendered by the Township of Pequannock. All refuse collection and disposal charges shall be a lien against the property until paid; said liens shall be subject to sale by the Township, in the manner prescribed by law, on or after July 1 of the year following rendering of the delinquent bill.
E. 
Bills due upon rendering; interest; collection. The amount charged for refuse collection and disposal shall be due on the date of rendering of the bill. If bills are not paid within 30 days from date of rendering, interest will accrue at the rate of 8% per annum. Liens originating from nonpayment of refuse removal and disposal charges shall be processed for collection in the manner so provided by law, including sale of the lien.
F. 
Discontinuance of service for properties other than residential. In addition to the provisions for collection of unpaid balances outlined in the preceding sections of this article, discontinuance of services for properties other than residential as defined in this article shall be initiated in the following manner. If bills are not paid within 30 days from date of rendering, the Township, in addition to the provisions of Subsection D above, shall terminate said refuse collection and disposal service by sending written notice upon the property owner that unless that outstanding bill and interest are paid within 15 days from the date of the mailing of the notice, the service will be discontinued. Discontinuance of service does not relieve the owner of the property from complying with the provisions of § 294-3B of this article.
Marketable recyclables as defined herein placed at the curb are the property of the Township of Pequannock. It is a violation of this article for any person or firm unauthorized by the Township of Pequannock to collect or pick up or cause to be collected or picked up any such materials.
It shall be the responsibility of the Pequannock Township Department of Health to administer and enforce all provisions of this article, with the exception that billing and collection of charges and fees provided herein shall be the responsibility of the Pequannock Township Department of Finance and Revenue Collection based upon parameters established by this Code and provided by the Department of Health.
[Adopted 7-22-1997 as Ch. 090 of the 1997 Code]
[Amended 9-26-2006 by Ord. No. 2006-21; 12-18-2007 by Ord. No. 2007-29]
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL
Any nonresidential building or establishment, including but not limited to those used for retail, wholesale, dining, offices, professional services, shipping and receiving areas and cafeterias.
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
CONTAINERIZED
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.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Morris County District Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials include:
A. 
ALUMINUM CANSCans made from aluminum that was manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
B. 
GLASS BOTTLES AND JARSBottles and jars made from glass, including clear, brown and green glass. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A jar is defined as a wide-mouthed container that can be capped. Caps and lids are not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex® or ceramic.
C. 
PLASTIC BOTTLES (CODED 1 AND 2)Plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as polyethylene terephthalate (PETE) or high-density polyethylene (HDPE). A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. Caps and lids are not included. Any item made of plastic that is not a bottle, and any plastic bottle without the code 1 or 2, is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc., should not be recycled.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
STEEL (TIN) CANSAn air-tight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
E. 
NEWSPAPERA publication containing news, information and advertising, usually printed on low-cost paper called newsprint. Newspaper may include glossy inserts which come with the paper, dependent upon the market conditions at the time.
F. 
CORRUGATED CARDBOARDShipping containers made with kraft paper linerboard and corrugated medium.
G. 
MIXED PAPERVarious categories of recyclable paper, including but not limited to white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, and soft cover books.
H. 
LEAVESVegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
I. 
GRASS CLIPPINGSVegetative material generated when grass (lawns) is cut.
J. 
BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
K. 
NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
L. 
OIL-CONTAMINATED SOILNonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, No. 4 and No. 6 heating oils and certain other refinery products, including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.
M. 
USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
N. 
LEAD-ACID BATTERIESStorage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.
O. 
HAZARDOUS DRY CELL BATTERIESRechargeable batteries, such as nickel-cadmium, nickel-iron, nickel metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous as defined by the Resource Conservation Recovery Act (RCRA), regardless of the RCRA exclusion of household waste from the definition of "hazardous waste" pursuant to 40 CFR 261.4(b). Nonrechargeable, hazardous batteries include older alkaline and carbon zinc batteries as well as silver oxide, mercury and magnesium button-type batteries, etc. It should be noted that domestically manufactured alkaline and carbon zinc nonrechargeable batteries made after circa 1994 eliminated mercury content to the point that they should not be considered RCRA hazardous and therefore are not included in this material category.
P. 
METAL APPLIANCESAppliances composed predominantly of metal, and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant must be recovered accordingly.
Q. 
WHOLE TIRESTires that are whole, not chipped into small pieces. Tires are allowed to be recycled and/or incinerated for energy recovery.
ELECTRONIC WASTE
A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines, a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
INSTITUTION
An established organization or foundation dedicated to public service or culture, including but not limited to religious, educational, health care, and governmental establishments.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a) and shall include hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body to fulfill the requirements of the Morris County Solid Waste Management Plan and the New Jersey Statewide Mandatory Source Separation and Recycling Act[1] and those rules and regulations promulgated therefor.
MUNICIPAL RECYCLING ENFORCEMENT COORDINATOR
The person or persons named by the municipality who shall fulfill the responsibilities with respect to recycling enforcement coordination detailed in the March 2007 Morris County Solid Waste Management Plan Amendment Section 8.6. This person may be the same person designated as the Municipal Recycling Coordinator.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township of Pequannock which is not bulky waste or construction and demolition debris.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
RECYCLABLE MATERIAL
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.
RESIDENT
Any person who owns, leases and/or occupies dwellings within the Township of Pequannock, including those in multifamily dwellings and/or single-family developments.
SOLID WASTE
Any garbage, refuse, sludge or any other waste material with insufficient liquid content to be free flowing, excluding those materials defined as recyclable materials by this article.
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 which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is 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.
YARD WASTE
Vegetative wastes, to include fallen leaves, brush (chippable, up to three inches in diameter) and grass clippings.
[1]
Editor's Note: N.J.S.A. 13:1E-99.11 to 13:1E-99.32.
On or before the effective date of this article, the Township Manager of the Township of Pequannock will appoint one individual who shall serve as Recycling Coordinator for the Township, whose duties shall include, but not be limited to, the development and administration of a recycling program to conform to the New Jersey Statewide Mandatory Source Separation and Recycling Act.[1] The Recycling Coordinator shall serve at a salary as established by the Salary Ordinance of the Township of Pequannock.
[1]
Editor's Note: N.J.S.A. 13:1E-99.11 to 13:1E-99.32.
[Amended 12-18-2007 by Ord. No. 2007-29]
A. 
Mandatory source separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, school and other institutional locations within the Township of Pequannock, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises. 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 regulations promulgated by the Township of Pequannock.
B. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source-separate from the municipal solid waste stream the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this subsection, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials; and a certification that the designated recyclable materials will be recycled and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.
[Amended 9-26-2006 by Ord. No. 2006-21; 12-18-2007 by Ord. No. 2007-29]
The collection of recyclable material shall be in the manner prescribed as follows:
A. 
Residents of single-family units shall separate designated recyclables from all other solid waste. Recyclable materials from residential units shall be prepared in a manner as prescribed by the Township of Pequannock.
(1) 
Residential developments (multifamily and single-family) shall be responsible for establishing recycling programs within their complex. Notwithstanding the ability of the Township to collect or market certain recycling materials, the residential development shall be responsible for establishing recycling programs for the collection, transportation and marketing of designated recyclable materials.
(2) 
Institutions and commercial establishments shall source-separate designated materials for recycling. Notwithstanding the ability of the Township to collect or market certain recycling materials, the institution shall be responsible for establishing recycling programs for the collection, transportation and marketing of designated recyclable materials.
(3) 
Documentation of tonnage of materials recycled is to be submitted in accordance with § 294-13 of this article.
B. 
All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk or, in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above any time after 6:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 6:00 p.m. of the day of collection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
All receptacles or dumpsters shall be maintained in accordance with the health code of the Township of Pequannock.
D. 
Yard waste collection. 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Added 12-18-2007 by Ord. No. 2007-29]
A. 
Residential dwelling compliance requirements. The owner of any property shall be responsible for compliance with this article. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
B. 
Nonresidential establishment compliance requirements.
(1) 
All nonresidential generators, including commercial, industrial and institutional establishments, of solid waste shall be required to comply with the provisions of this article.
(2) 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or its designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties 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.
(3) 
All nonresidential facilities shall report on an annual basis to the Municipal Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
(4) 
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.
[Added 12-18-2007 by Ord. No. 2007-29]
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:
A. 
Any application to the Planning Board of the Township of Pequannock 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 Pequannock, the owner of any new multifamily housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
C. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Health Officer.
All commercial, institutional, multifamily or single-family developments which are not serviced by municipal recycling collection systems must submit documentation to the Recycling Coordinator. Documentation must include the type of material recycled, date recycled, market receiving the recycled material and total tonnage recycled of each material.
A. 
Reports are due according to the following schedule:
Reporting Period
Due Date
January 1 to March 31
April 8
April 1 to June 30
July 8
July 1 to September 30
October 8
October 1 to December 31
January 8
B. 
The Municipal Recycling Coordinator will compile all recycling documentation and report annually to the Morris County Recycling Coordinator.
[Amended 12-18-2007 by Ord. No. 2007-29]
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 unsegregated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
D. 
Recycling material prepared and placed for collection by Township residents is the property of the Township of Pequannock or its authorized agent. It is a violation of this article for any person or firm unauthorized by the Township of Pequannock to collect or pick up or cause to be collected or picked up designated recyclable materials.
[Added 12-18-2007 by Ord. No. 2007-29]
As set forth in N.J.S.A. 13:1E-99.13b(4)(c), the Township of Pequannock accepts the goal of 50% recycling of municipal solid waste by 2015 and shall monitor its level of recycling and solid waste disposal and shall strive to achieve the recycling of 50% of the municipal solid waste generated within its borders.
[Amended 12-18-2007 by Ord. No. 2007-29]
A. 
It shall be a violation of this article to combine designated, unsoiled recyclables with other solid waste. Failure to source-separate materials for recycling by residential, commercial or institutional units is a violation of this article.
B. 
It shall be unlawful for solid waste collectors to collect solid waste that 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/recyclables which visibly display a warning notice, sticker or some other device indicating that the load of solid waste contains designated recyclable materials and therefore should not be removed for disposal.
C. 
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $25 nor more than $1,000.
D. 
Each day on which a violation of this article occurs shall be considered a separate offense.
[Amended 12-18-2007 by Ord. No. 2007-29]
The Health Department, Police Department, or Recycling Coordinator of the Township of Pequannock is authorized to enforce the provisions of this article, to include the inspection of garbage set out for disposal in order to determine whether recyclable materials are present in violation of this article. 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.