[HISTORY: Adopted by the Township Committee
of the Township of Oldmans as indicated in article histories. Amendments
noted where applicable.]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11.
This article shall be known and may be cited as the "Oldmans
Recycling Program Ordinance."
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
All items which cannot or do not fit a regular trash container
or recycling container because of its size, dimension, or proportions,
such as, but not limited to: large, heavy or unwieldy solid waste
materials which, if listed as designated recyclable materials, cannot
be commingled and are not subject to single-stream recycling as defined
herein. Bulk materials include, but are not limited to, items such
as textiles, furniture, rugs, mattresses, box springs, bed frames,
televisions, clothes washers/dryers and dishwashers, hot water tank,
doors, furnace, air conditioner, bath vanity, toilet, sink, bath tub,
mirror, couch/recliner, tables, chairs, windows, carpet, cabinets,
glass patio doors, microwave, barbeque grills, railings, bicycles,
lawn chairs and machinery.
The person or persons appointed by the municipal governing
body and who shall be authorized to report on behalf of the municipality
all reports required per state statutes.
A combining of non-putrescible source-separated recycling
materials for the purpose of recycling.
An electronic, magnetic, optical, electrochemical or other
high-speed data-processing device performing logical, arithmetic,
or storage function, and may include both a computer central processing
unit and a monitor, but the term shall not include an automated typewriter
or typesetter, a portable handheld calculator, a portable digital
assistant, or other similar device.
Those materials designated within the Salem County Solid
Waste Management Plan to be source-separated for the purpose of recycling
by residential, commercial, institutional and industrial sectors.
These materials cannot be deposited in the landfill and include:
Residential.
Glass containers (05): All containers used for packaging food
or beverages.
Aluminum cans (06): Food and beverage containers made entirely
of aluminum.
Newspaper (03): All paper marketed as newsprint or newspaper
and containing at least 70% newsprint or newspaper (American Paper
Institutes grades No. 6, No. 7 and No. 8 news).
Mixed office (02): All computer paper, all high-grade white
paper (including letterhead, typing paper, copier paper, onionskin,
tissue and notepad).
Corrugated (01): Containers and similar paper items usually
used to transport supplies, equipment, parts or other merchandise.
(Reserved)
Plastic (08): Containers such as polyethylene terephthalate
(PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2)
milk, water or detergent bottles, except for any and all lids to these
items. All such lids must be removed and placed in a nonrecyclable
trash container.
Yard trimmings (19): Leaves (19), grass clippings (18), stumps
(20), brush (17), and other lawn and garden trimmings from homes,
institutions, commercial or industrial sources. Note: Yard trimmings
are "putrescible materials" that are not subject to single-stream
recycling requirements and not be commingled with other designated
recyclable materials. It is preferred that yard trimmings be mulched
on the property from which they originated.
Steel cans (07): Rigid containers made exclusively or primarily
of steel, tin-plated steel and composite steel and aluminum cans used
to store food, beverages, paint and a variety of other household and
consumer products. Note 1: Steel cans of five gallons or more are
"bulk materials" that are not subject to single-stream recycling requirements
and are not be commingled with other designated recyclable materials.
Note 2: All putrescible materials must be removed from steel can recyclables
prior to placement for collection.
Tires (15): Rubber-based scrap automotive, truck and specialty
tires (e.g., forklift tires). Note: Tires are "bulk materials" that
are not subject to single-stream recycling requirements and cannot
be commingled with other designated recyclable materials.
White goods and light iron (11): All large appliances such as
washers, dryers, refrigerators, etc. as well as products made from
sheet iron, such as shelving, file cabinets, metal desks, recycled
or reconditioned steel drums, stainless steel and other nonstructural
ferrous scrap. Note: White goods and light iron are "bulk materials"
that are not subject to single-stream recycling requirements and not
be commingled with other designated recyclable materials.
Food scraps (23): Food plate waste and food-processing waste.
Food-processing wastes include food-processing vegetative waste (material
generated in trimming and reject sorting operations from the processing
of fruits and vegetables in canneries or similar industries, e.g.,
tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food-processing
residuals and animal-processing wastes. If the material is transported
and processed as animal feed, it may be identified as such. Note:
Food scraps are "putrescible materials" that are not subject to single-stream
recycling requirements and are not to be commingled with other designated
recyclable materials.
Textiles (29): Cloth material such as cotton, linen, wool, nylon,
polyester, etc., derived from clothing, cloth diapers, linens, etc.
Note: Textiles are "bulk materials" that are not subject to single-stream
recycling requirements and not to be commingled with other designated
recyclable materials.
Commercial.
Glass containers (05): All containers used for packaging food
or beverages.
Aluminum cans (06): Food and beverage containers made entirely
of aluminum.
Newspaper (03): All paper marketed as newsprint or newspaper
and containing at least 70% newsprint or newspaper (American Paper
Institutes grades No. 6, No. 7 and No. 8 news).
Mixed office (02): All computer paper, all high-grade white
paper (including letterhead, typing paper, copier paper, onionskin,
tissue and notepad).
Corrugated (01): Containers and similar paper items usually
used to transport supplies, equipment, parts or other merchandise.
(Reserved)
Plastic (08): Containers such as polyethylene terephthalate
(PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2)
milk, water or detergent bottles, except for any and all lids to these
items. All such lids must be removed and placed in a nonrecyclable
trash container.
Steel cans (07): Rigid containers made exclusively or primarily
of steel, tin-plated steel and composite steel and aluminum cans used
to store food, beverages, paint and a variety of other household and
consumer products. Note 1: Steel cans of five gallons ore more are
"bulk materials" that are not subject to single-stream recycling requirements
and are not be commingled with other designated recyclable materials.
Note 2: All putrescible materials must be removed from steel can recyclables
prior to placement for collection.
Tires (15): Rubber-based scrap automotive, truck and specialty
tires (e.g., forklift tires). Note: Tires are "bulk materials" that
are not subject to single-stream recycling requirements and not be
commingled with other designated recyclable materials.
White goods and light iron (11): All large appliances such as
washers, dryers, refrigerators, etc. as well as products made from
sheet iron, such as shelving, file cabinets, metal desks, recycled
or reconditioned steel drums, stainless steel and other nonstructural
ferrous scrap. Note: White goods and light iron are "bulk materials"
that are not subject to single-stream recycling requirements and not
be commingled with other designated recyclable materials.
Food scraps (23): Food plate waste and food-processing waste.
Food-processing wastes include food-processing vegetative waste (material
generated in trimming and reject sorting operations from the processing
of fruits and vegetables in canneries or similar industries, e.g.,
tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food-processing
residuals and animal-processing wastes. If the material is transported
and processed as animal feed, it may be identified as such. Note:
Food scraps are "putrescible materials" that are not subject to single-stream
recycling requirements and are not to be commingled with other designated
recyclable materials.
Textiles (29): Cloth material such as cotton, linen, wool, nylon,
polyester, etc., derived from clothing, cloth diapers, linens, etc.
Note: Textiles are "bulk materials" that are not subject to single-stream
recycling requirements and not to be commingled with other designated
recyclable materials.
Cathode ray tubes, desktop or personal computers, computer
monitors, portable computers, televisions, desktop printers, desktop
fax machines, tablets and electronic devices, including telephones
of any type that have a video display with a viewing area greater
than four inches when measured diagonally.
Any waste material defined as a hazardous material in the
federal environmental statues or regulations, state environmental
statutes or regulations, county health ordinances or regulations,
or the municipal ordinances.
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
article and any rules and regulations that may be promulgated hereunder.
This appointee shall also be responsible to assure that all materials
recycled in the municipality are properly reported and recorded.
Person or persons appointed by the Oldmans Township Committee
who shall be authorized to enforce the article as directed by the
Municipal Recycling Coordinator.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the municipality
of Oldmans Township.
All types of solid and/or bulk waste that are not defined
in this article as "designated recyclable materials."
A parcel of land within Oldmans Township that does not meet
the definition of "residential property" as set forth in this article,
including but not limited to farms and property used or occupied by
commercial, business, medical or industrial facilities.
A structure or portion of a structure located on a nonresidential
property that is occupied or used for the purposes other than as a
single-family residential dwelling.
The lessee(s), tenant(s) or other occupant(s) of a residential
or nonresidential property or unit.
Any organic material or garbage, including but not limited
to food scraps and residue, human and animal waste, and yard trimmings
and other vegetation, that is subject to rotting or decompositions
by bacteria, fungi or oxidation, or any foul-smelling process of decay
which, if listed as designated recyclable materials, cannot be commingled
and is not subject to single-stream recycling as defined herein.
Those materials that would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
A parcel of land within Oldmans Township that is lawfully
developed, occupied and used only as the site of a lawfully permitted
single-or two family dwelling.
A structure or portion of a structure that is occupied as
a single-family dwelling or as a dwelling for farm workers, whether
located on a residential or nonresidential property.
The placement of a variety of types of non-bulk and non-putrescible
designated recyclable materials together with a common container or
containers for disposal, removal or collection rather than sorting
or separating any particular type or types of such designated recyclables
materials for collection in separately designated containers.
A person or entity who is authorized by the Township to collect
designated recyclable materials and/or nonrecyclables from properties
or units within the Township. In the case of residential properties
or units, the solid waste collector is the person(s) or entities hired
or otherwise appointed by the Township to collect designated recyclable
materials and recyclables from such properties or units. All solid
waste collectors are subject to the requirements of this article regardless
of whether they collect solid waste from residential or nonresidential
properties or units.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
Recyclable materials that are separated at the point of generation
by the generator thereof from solid waste for the purposes of recycling.
Mandatory source separation. It shall be mandatory for all persons
who are owners, lessees, tenants or occupants of residential and nonresidential
premises, including but not limited to retail and commercial locations,
government, schools and other institutional locations within the municipality
of Oldmans Township, to separate designated recyclable materials from
all solid waste.
A.
Designated recyclable materials generated by owners or occupants
of residential properties or residential units shall be placed for
single-stream recycling collection at the curb in a manner and on
such days and times as may be hereinafter established by the Township.
B.
When municipal curbside collection is not provided for designated
recyclable materials, as is cause for those recyclables generated
by nonresidential properties or nonresidential units, commercial,
business and institution entities, it shall be the obligation of the
generator to arrange for the private collection and delivery of designated
recyclable materials to a recycling facility or to deliver designated
recyclable materials to a municipal recycling depot designated by
the Township and must arrange for the private collection and disposal
of nonrecyclables in a lawful manner.
C.
Nonrecyclables generated by owners or occupants of residential properties
or residential units shall be placed for collection by the Township
as set forth in this article on such days and at such times as may
be designated by the Township.
A.
The Certified Municipal Recycling Coordinator shall be appointed
on an annual basis by resolution of the Township Committee.
(1)
The Certified Municipal Recycling Coordinator shall, within applicable
deadlines as required by law, achieve professional certification in
compliance with the requirements of N.J.S.A. 13:1E-99 et seq., the
provisions of the Salem County Solid Waste Management Plan, and this
article.
(2)
The Certified Municipal Recycling Coordinator shall report recycling
tonnage as required by N.J.S.A. 13:1E-99.16e, which report shall contain
the same information as is required for an application for a recycling
tonnage grant as codified at N.J.A.C. 7:36-15.5. The Certified Municipal
Recycling Coordinator shall also assist the Township Committee as
needed with the recycling tonnage recordkeeping and reporting requirements
of N.J.A.C. 7:26A-11.2, and the biannual publication, posting and/or
other distribution of recycling notices pursuant to N.J.A.C. 7:26A-11.3.
B.
The Municipal Recycling Officer shall be appointed on an annual basis
by resolution of the Township Committee.
(1)
The Municipal Recycling Coordinator shall assist the Certified Municipal
Recycling Coordinator maintain and report recycling tonnage as required
by N.J.S.A. 13:1E-99.16e, which report shall contain the same information
as is required for an application for a recycling tonnage grant as
codified at N.J.A.C. 7:36-15.5. The Municipal Recycling Coordinator
shall also be responsible for all duties of that office as set forth
in this article or in any other applicable laws or regulations or
amendments to same (including any amendments to the abovecited laws
and regulations), and shall be primarily responsible for carrying
out the objectives and purposes of this article, including the primary
responsibility for conducting inspections, investigations and enforcement
actions, notification and prosecution of violations, and calculation
and imposition of penalties. The Municipal Recycling Coordinator shall
also assist the Township Committee as needed with the recycling tonnage
recordkeeping and reporting requirements of N.J.A.C. 7:26A-11.2.
C.
A Municipal Recycling Enforcement Officer as defined may be appointed
on an annual basis by resolution of the Township Committee. Once appointed,
the Municipal Recycling Enforcement Officer shall have all duties
related to this article as may be delegated by the Township Committee
and the Municipal Recycling Coordinator.
A.
The residential collection of source-separated recyclable materials
shall be in the manner prescribed as follows:
(1)
It is the responsibility of the property owner to provide containers
for the separate placement of recyclables for curbside collection
as follows: Paper products may be comingled in one container; plastic
bags shall not be used for curbside collection of paper products;
glass, food and beverage containers, metal food and beverage containers,
and plastic bottles and jugs (marked #01 and #02) may be commingled
in one container. The container containing source-separated 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.
(2)
All receptacles shall be maintained in a clean and safe manner.
B.
Residential dwelling compliance requirements. The owner of each 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 source-separated recyclable
materials. Violations and penalty notices will be directed to the
owner or management in those instances where the violator is not easily
identifiable. The owner or management shall issue notification and
collection rules regarding recycling requirements to all new tenants
when they arrive.
C.
Commercial/business establishment compliance requirements.
(1)
All commercial, business or industrial facilities shall be required
to comply with the provisions of this article.
(2)
The arrangement for collection of all categories of designated mandatory
recyclables hereunder shall be the responsibility of the commercial,
business, institutional or industrial property owner or his designee.
All commercial institutional or industrial properties at which litter
is generated by employees or the public shall provide litter and recycling
receptacles. These properties shall provide for separate recycling
collection services for the contents of the recycling receptacles.
(3)
Every business, institution or industrial facility shall report on
an annual basis to the Municipal Recycling Coordinator, on such forms
as may be prescribed, regarding recycling activities at its premises,
including the amount and type of recycled material not placed curbside
for municipal collection. If material is removed from the premises
by a hauler, recycler or paper shredder, the quantity and final disposition
of the material is to be reported on the form.
(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.
The collection of nonrecyclables and designated recyclable materials
(single-stream and non-single-stream) from residential properties
and residential units shall be in the manner prescribed as follows:
A.
Nonrecyclables for collection by the Township. Nonrecyclables other than those listed in Subsection B, below, will be collected from residential properties and units as specified on an annual schedule to be issued by the Township at the beginning of each year. Nonrecyclables from residential properties and units that are to be collected by the Township must be placed only in designated trash receptacles that have been provided by the Township for use with the Township's automated trash collection system. Placement of nonrecyclables in non-Township-issued receptacles, or in receptacles that have been issued by the Township for recyclables, is prohibited. The Township will not remove, collect or dispose of nonrecyclables that have been placed in non-Township-issued receptacles, or in Township-issued recycling receptacles.
B.
Nonrecyclables not collected by the Township. The following types
of nonrecyclables and other materials must be delivered to the Salem
County Landfill by or at the direction and expense of the residential
property or unit owner or occupant. Placement of such materials for
collection by the Township is prohibited.
(1)
Nonrecyclables generated outside of Oldmans Township.
(2)
Any material not accepted by the Salem County Landfill without special
arrangements, special packaging, special handling, and/or special
fees.
(3)
Any trash, debris, or other materials resulting from construction,
renovation, maintenance, repair or demolition of buildings or other
structures.
(4)
Motor vehicles (including but not limited to cars, trucks, motorcycles,
ATVs, and tractors) and all types of machinery, whether or not motorized
or motor propelled.
(5)
Toxic and hazardous wastes.
(6)
Animal carcasses.
(7)
Non-household chemical products.
(8)
Petroleum products.
C.
Single-stream recyclables. Designated recyclable materials as defined in this article (but excluding the materials specified in Subsection D, below) must be processed as single-stream recycling as defined in this article and shall be collected from residential properties and units as specified on an annual schedule to be issued by the Township at the beginning of each year. The owners and occupants of all residential properties and units in the Township must participate in single-stream recycling. Combined single-stream recyclable materials must be placed only in designated recycling receptacles that have been provided by the Township for use with the Township's automated single-stream recyclables collection system. Placement of recyclable materials in non-Township-issued receptacles, or in receptacles that have been issued by the Township for recyclables, is prohibited. The Township will not remove, collect or dispose of recyclables that have been placed in non-Township-issued receptacles, or in receptacles that have been issued by the Township for collection of nonrecyclables.
D.
Non-single-stream recyclables. Unless special collection dates, times and procedures for the collection of the following listed types of designated recyclable materials are established and announced in advance by the Municipal Recycling Coordinator, such materials must be recycled by delivery, arranged and paid for by the residential property or unit owner or occupant, to a Township-approved recycling facility or recycling depot. Placement of such materials for collection by the Township pursuant to Subsection A or C, above, or in any other manner, is prohibited. The following materials are subject to this Subsection D:
(1)
Bulk materials as defined in this article, including but not limited
to tires, steel cans of five gallons or more, white goods and light
iron.
(2)
Putrescible materials as defined in this article, including but not
limited to yard trimmings and food scraps.
(3)
Containers meeting the definition of designated recyclable materials
that contained or have contained herbicides, pesticides, or fertilizers,
unless such containers have been emptied and triple-rinsed.
The only trash and recycling receptacles permitted are those
designed for use with automated solid waste collection systems and
which are issued by the Township as set forth below. Additionally,
the use of Township-issued receptacles for collection of nonrecyclables
and single-stream recyclables shall be subject to the following conditions
and requirements:
A.
The Township will issue receptacles as follows:
(1)
For all residential properties and units, one solid waste and one
recyclable container will be issued per property or unit.
(2)
For commercial properties, one solid waste and one recyclable container
may be issued per property or business upon request only and will
be the responsibility of the requestor to obtain the receptacles from
one of the Township Recycling Coordinators.
(3)
For all properties owned or leased by a religious or nonprofit institution
and conducting business as the religious or nonprofit institution,
one solid waste and one recyclable container may be issued per property
or business upon request only and upon proof of the religious or non-profit
affiliation, and will be the responsibility of the requestor to obtain
the receptacles from one of the Township Recycling Coordinators.
(4)
Residents, commercial property owners and nonprofit institutions
may rent one additional trash container and/or one additional recycle
container. An annual rental fee of $150 for each container will be
charged each calendar year commencing in January. The rental fee will
not be prorated, with the exception of the first year of the approval
of this article. If the rented container is no longer in use and returned
to the municipality, no refund or prorated refund of the rental fee
will be issued.
B.
All receptacles that are provided to residential properties and residential
units by the Township for collection of nonrecyclables and single-stream
recyclables pursuant to this article shall continue to be owned by
the Township of Oldmans at all times, and must be returned to the
Township by the property owner or unit owner or occupancy whenever
requested by any duly authorized Township official or employee. The
property or unit owner or occupant must keep all such receptacles
clean and in proper condition for safe and efficient handling. No
person other than Township-approved personnel may repair or modify
Township-issued receptacles. No property or unit owner, occupant,
or other person may mark, deface or damage such receptacles. The owner
or occupant of the property or unit to which a Township-issued receptacle
has been issued must take all reasonable measures to protect and preserve
such receptacle from loss or damage, and must promptly report any
loss or damage to the Township Clerk. Any recyclable or nonrecyclable
material which is placed in a Township-issued receptacle that, in
the sole discretion of any duly authorized Township official or employee,
is deemed to be damaged or improperly maintained to such an extent
that is cannot be handled safely or efficiently will not be collected.
Any duly authorized Township official or employee may retrieve any
Township-issued receptacle that has been placed for collection pursuant
to this article if, in the sole discretion of such official or employee,
the receptacle is damaged or improperly maintained to such an extent
that it cannot be handled safely or efficiently.
C.
All repair and replacement of Township-issued receptacles shall be
accomplished by Township-approved personnel in such manner as may
be deemed satisfactory in the sole discretion of any duly authorized
Township official or employee. All costs for repair of damage that,
in the sole discretion of any duly authorized Township official or
employee, has resulted from normal wear and tear will be incurred
by the Township without reimbursement by the property or unit owner
or occupant. All other repair and replacement costs shall be repaid
to the Township in full by the person who is the owner or occupant
of the property or unit at the time when the repaid receptacle is
ready to be returned, or the replacement receptacle is ready to be
provided by the Township, and such payment will be required in full
prior to the Township's release of the repaired or replacement
receptacle to such owner or occupant. Repair costs shall include only
the Township's actual out-of-pocket costs for labor and materials
used in accomplishing the repair, but shall not include any costs
for labor furnished by the Township officials or employees. Replacement
cost shall be the actual cost of the receptacle. Any purposeful damage
or defacement of a Township-issued receptacle may also constitute
destruction or vandalism of Township property and may be prosecuted
accordingly in criminal and/or civil actions at the Township's
election, provided that any such election or nonelection to prosecute
shall be independent of the current property or unit owner's
or occupant's ongoing obligation to pay the receptacle repair
costs referenced above pending the Township's possible recovery
of such costs as a result of such prosecution.
D.
Unless returned to a duly unauthorized Township official or employee,
each Township-issued receptacle must at all times remain at the property
or unit to which is has been issued. Any removal of a Township-issued
receptacle from the property or unit to which it has been issued shall
constitute theft or conversion of Township property and may be prosecuted
accordingly in criminal and/or civil actions at the Township's
election, provided that any such election or nonelection to prosecute
shall be to pay the receptacle replacement cost pending the possible
return of a missing receptacle as a result of such prosecution. To
help avoid the consequences of the repair and replacement provisions
of this article, property and unit owners and occupants may, but are
not required to, return Township-issued receptacles to the Municipal
Recycling Coordinator prior to transferring property or unit ownership
or occupancy to any new owner or occupant, so that the receptacle
can thereafter be reissued by the Township to the property or unit
at the request of the new owner or occupant.
E.
Location and time of placement of receptacles for collection; removal
of receptacles after collection.
(1)
Township-issued receptacles containing materials for collection must
be placed for collection:
(a)
In an open area that is not beneath tree branches or any object
or structure that could impede or obstruct the movements of the Township's
automated collections systems;
(b)
At least one foot beyond the edge of the roadway pavement adjacent
to the residential property or unit on the side of the roadway as
may be designated by the Township; and
(c)
At least six feet from all other objects and structures, including
mailboxes, newspaper boxes, utility poles, and other Township-issued
receptacles.
(2)
Receptacles must be placed for collection between 6:00 p.m. of the
day immediately preceding the day of collection and 6:00 a.m. of the
day of collection. After collection, the empty receptacles must be
removed and stored out of sight from the roadway no later than 7:00
p.m. of the day of collection.
F.
Responsibilities of owners regarding certificates of occupancy. Any
person, firm or corporation owning, managing, conducting or operating
a residential property or unit shall provide a Township-issued receptacle
to the new owner or tenant of said property or unit as a condition
of certificate of re-occupancy; the cost of which is to be borne by
the property owner.
Bulk items, white goods, scrap metal, large nonmetal items,
such as furniture, rugs, mattresses from residential properties or
units within Oldmans Township shall be placed curbside no more than
seven days in advance of the bulk pickup date(s) and placed at a minimum
six feet from any other container or object.
A.
Fees imposed.
(1)
There is hereby created a fee for the collection and disposal of
bulk items within Oldmans Township to be known as the "sticker fee."
The owners and occupants of all residential properties and units in
the Township who is a qualified user and accepts the service of collection
and disposal of bulk items shall pay for such service to the Township.
(2)
The Township Committee shall authorize the disbursement of up to
six "free" bulk item stickers per residential property per year; thereafter,
any further bulk item stickers can be purchased for $5 per item. NOTE:
white goods are considered to be bulk items while electronics (televisions,
computers and computer monitors) would not require a sticker and can
be dropped off at Town Hall.
B.
The fees provided for shall be paid to the Township by purchase of
Township-approved and -issued stickers for said bulk items sought
to be disposed. Stickers shall be placed upon the bag, container or
item being disposed in a conspicuous place thereon. If no sticker
is applied, the waste will not be collected. Stickers may be purchased
only from the authorized officer(s) of the Township who will issue
them to qualified users of this service.
C.
Application may be made to such officer during any business day so
that the service will not be interrupted according to the need of
the user to have its waste collected. The application to secure such
stickers shall require the name of the user, the address of the property
to which the waste will be placed for collection and a description
of the bulk item(s) that need to be picked up. The stickers will be
nontransferable, however. The stickers will remain subject to the
condition of issuance.
D.
Any person who attempts to duplicate or counterfeit a sticker, reuse
a cancelled sticker, provide a sticker to an unqualified user, or
transfer a sticker to any person whom such sticker was not issued
shall be in violation of this article and be subject to prosecution
in the Municipal Court. Any person determined guilty shall be subject
to the payment of a fine not to exceed $500 or imprisonment for a
period up to 90 days, or both, for each violation.
E.
The Township may provide a dumpster located within the municipal
complex for residential use. Residents are permitted two free uses
of the dumpster, not to exceed two cubic yards per use; thereafter,
any further utilization of the municipal dumpster shall require the
purchase of sticker. All material must be registered with the Township-authorized
officer prior to using the dumpster. No recyclable material, hazardous
waste, electronic waste, construction material, or white goods may
be deposited into the dumpster.
A.
Owners and occupants of residential or nonresidential properties
or units are prohibited from placing yard trimmings for Township collection
as a designated recyclable material or as a nonrecyclable, or from
mixing yard trimmings for collection with other designated recyclable
materials or nonrecyclables.
B.
Owners and occupants of residential or nonresidential properties
or units must mulch or compost all yard trimmings that are generated
at the properties or units they own or occupy or, in the alternative,
arrange for removal of such yard trimmings to a facility where same
will be mulched, composted or otherwise recycled in a lawful manner.
C.
Solid waste collectors are prohibited from collection designated
recyclable materials or nonrecyclables into which yard trimmings have
been mixed.
A.
It is unlawful for solid waste collectors, or the owners or occupants
of residential or nonresidential units or properties, to collect or
dispose of solid waste that is comprised of nonrecyclables mixed with,
or containing visible or other signs of the presence of, designated
recyclable materials. It is also unlawful for solid waste collectors,
or the owners or occupants of residential or nonresidential units
or properties, to remove for disposal as nonrecyclables any bags or
other containers of solid waste which visibly display a warning notice
sticker or other device indicating that the solid waste contains designated
recyclable materials.
B.
In the event a solid waste collector fails to collect some or all
of the solid waste that has been placed for collection at any property
or unit, it is the responsibility of the owner or occupant to collect
and properly source separate any uncollected solid waste for later
disposal and/or recycling. Allowing such uncollected solid waste to
accumulate at the curbside beyond 7:00 p.m. on the day of collection
will be considered a violation of this article in addition to other
applicable health or sanitation laws and regulations.
C.
Once placed for collection pursuant to this article, or any rules
or regulations promulgated pursuant hereto, no person other than a
solid waste collector as defined herein, or the owner or occupant
of the property or unit at which solid waste has been generated, may
tamper with, collect or remove or otherwise handle such solid waste.
D.
Designated recyclable materials that are placed for collection by
the owner or occupant of a residential property or residential unit
shall, upon such placement, become property of the Township or its
authorized solid waste collector. It shall be a violation of this
article for any person or entity other than a Township-authorized
solid waste collector to collect or pick up, or cause to be collected
or picked up, any designed recyclable materials that are the property
of the Township as provided above, or nonrecyclables, that have been
placed for collection.
E.
New developments of multifamily residential units or commercial,
institutional or industrial properties.
(1)
Any application to the Planning Board of the municipality of Oldmans,
for subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single-family developments of three
or more units or any commercial, institutional or industrial development
of 1,000 square feet or more, must include a recycling plan. This
plan shall contain, at a minimum, the following:
(a)
A detailed analysis of the expected composition and amounts
of solid waste and recyclables generated at the proposed development;
(b)
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.
(2)
Prior to issuance of a certificate of occupancy by the municipality
of Oldmans, 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 designated recyclable materials
for those locations or properties.
A.
The Electronic Waste Management Act[1] became effective January 1, 2011. This act bans the disposal
of electronic waste through the municipal curbside collections solid
waste program. Electronic waste includes, among other things, cathode
ray tubes, desktop or personal computers, computer monitors, portable
computers, televisions, desktop printers, desktop fax machines, tablets
and electronic devices, including telephones of any type that have
a video display with a viewing area greater than four inches when
measured diagonally.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.94 et seq.
B.
No electronic waste shall be placed at the curbside for collection
by the municipal contracted trash hauler. All persons are required
to take electronic waste to an approved dropoff point, such as Town
Hall, Salem County Improvement Authority Landfill (at no cost) or
a participating retail store, or call Town Hall for pickup.
A.
The improper disposal of hazard waste pollutes the environment and
poses a threat to human health. The improper disposal of these materials
includes pouring them down the drain, depositing them into storm sewers
or depositing them on or in the ground.
B.
No hazardous waste shall be placed at the curbside for collection
by the municipality. All persons are required to take hazardous waste
to an approved dropoff point, such as the county hazardous waste collection
center/landfill.
C.
Household hazardous waste includes leftover household products that
contain corrosive, ignitable, reactive or toxic ingredients. Common
examples include rechargeable batteries; cleaning compounds; garden
chemicals, including herbicides and pesticides; acrylic paints; paint
cleaners; finishes and stains; and petroleum-related products, such
as antifreeze, gasoline, kerosene, oil and fluorescent light bulbs.
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 bags or containers of solid waste which visibly
display a warning sticker or some other device indicating that the
load of solid waste contains designated recyclable materials.
B.
It shall be the responsibility of the owner or occupant to properly
segregate the uncollected waste for proper disposal and/or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
at the curbside beyond 7:00 p.m. on the day of collection will be
considered a violation of this article and the local sanitary code.
C.
Once placed in the location identified by this article, or any rules
or regulations promulgated pursuant to this article, no person, other
than any personnel authorized by the municipality or the owner or
occupant responsible for placement of the designated recyclable materials
for collection, shall tamper with, collect, remove, or otherwise handle
designated recyclable materials. Upon placement of such designated
recyclable material, it shall become property of the municipality
or its authorized agent. It shall be a violation of this article for
any person not duly authorized to collect or pick up or cause to be
collected or picked up any recyclable materials that are the property
of the municipality as provided for above.
A.
For all activities that require municipal approval such as construction,
demolition or public event permits, a designated recyclable materials
plan shall be filed along with all other required permit conditions.
The plan shall include provisions for the recovery of all designated
recyclable materials generated during construction, renovation and
demolition activities, as well as public events.
B.
Compliance with diversion requirement. The Municipal Recycling Coordinator
shall review the information submitted pursuant to this section of
the article and determine, prior to issuance of the municipal approval
or permit, whether the plan submitted by the owner of the entity carrying
out the covered activity will comply or fail to comply with the recycling
requirements set forth herein. The determination regarding compliance
will be provided to the Municipal Public Works Director/Supervisor
and the owner of the entity carrying out the covered project in writing.
When such plan is deemed not compliant, the Municipal Recycling Coordinator
shall include a violation of this article for any owner or permit
holder to fail to comply with the recycling requirements set forth
herein.
The owner and occupant of each property or unit shall be responsible
for compliance with this article. Violations and penalty notices will
be directed to the owner and the occupant. The aforesaid notwithstanding,
in all instances where an occupant refuses to comply, or the occupant
or other violator is not easily identifiable, the owner will be responsible
for attaining compliance at the property or unit and will be subject
to all penalties for the violations. For multifamily units on a property
owned or commonly owned by a single person, group or entity, including
but not limited to seasonal hotel/motels and guesthouses, and for
farm labor residences, the person, group or entity is responsible
for setting up and maintaining the recycling system, including collection
of source-separated recyclable materials. For multifamily units that
are governed by a condominium association, the association is responsible
for setting up and maintaining the recycling system, including collection
of source-separated recyclable materials. For multifamily units that
are governed by a homeowners' association, the association is
responsible for setting up and maintaining the recycling system, including
collection of source-separated recyclable materials, only if so directed
by the Planning Board as a condition of subdivision or site plan approval.
The owner or association shall, as part of such recycling system setup
and maintenance, issue written notification and collection rules to
all new occupants upon commencement of occupancy to ensure conformance
with the requirements of this article, and shall issue written reminders
thereafter a minimum on an annual basis for the duration of the occupancy.
A.
The Municipal Recycling Enforcement Officer(s) are hereby individually
and severally empowered to enforce the provisions of this article.
The enforcers of the article may conduct an inspection at the site
of the generator, which consists of sorting through containers and
the opening of solid waste bags to detect, by sound or sight, the
presence of any designated recyclable material.
B.
Additionally, the Salem County Health Department (SCHD) shall be
empowered to enforce the provisions of this article. The municipality
shall retain primary enforcement responsibility with the SCHD, also
serving in an enforcement role, which includes inspection of commercial
establishments and multifamily residential.
The governing body is hereby authorized to promulgate, from
time to time, additional rules and regulations relating to the source
separation, preparation, placement and collection of recyclable materials
pursuant to the provisions of this program and article; provided,
however, that such rules and regulations shall not be inconsistent
with terms and provisions of this article and shall be approved by
the governing body. Such rules and regulations shall be duly promulgated
subsequent to publication so that the public has had notice thereof.
Any person or entity violating, or failing to comply with, any
of the provisions provided in this article shall, upon conviction
thereof, be punishable by a fine of not less than $50 and not more
than $1,000 or by imprisonment for a term not to exceed 90 days, or
by both such fine and imprisonment, in the discretion of the Municipal
Judge. The continuation of any violation for each successive day shall
constitute a separate offense, and the person, persons, or entity
allowing or permitting the continuation of the violations may be punished
as provided above for each separate offense. Any violation may be
afforded warnings at the discretion of enforcement designees before
the issuance of any fines.
