As used in this article, the following terms shall have the
meanings indicated:
COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS
Retail; wholesale; restaurants; taverns; schools; institutions;
including government; warehouses; construction sites; factories; offices,
etc.; but specifically excludes fairs, parks, concerts, and other
outdoor events.
COMMINGLED
A combining of nonputrescible source-separated recyclable
materials for recycling.
COVERED ELECTRONIC DEVICE
A subset of electronic waste which shall include only the
following: a computer central processing unit of a laptop computer
or desktop computer, 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 televisions and cell phones.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated below that shall be source-separated
for the purpose of recycling. These materials include:
A.
Designated materials for residential waste generators:
(12)
Plastic containers (No. 1 and No. 2).
(15)
White goods (air conditioners, refrigerators).
B.
Source separation and recycling requirements for commercial,
institutional and industrial waste generators:
(2)
Computers and peripherals.
(10)
Masonry (asphalt, brick, block, concrete).
(15)
Plastic containers (No. 1 and No. 2).
(18)
White goods (air conditioners, refrigerators).
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 televisions and cell phones.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings in which
five 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 and who shall be authorized to, among other things, enforce the
provisions of this article and any rules and regulations which may
be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of the Township of Union.
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.
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.
UNIVERSAL WASTE
A specific hazardous waste stream that has been designated
by Environmental Protection Agency (EPA) or those waste streams identified
in the New Jersey Universal Waste Rule (see N.J.A.C. 7:26A-7). Only
the following materials may be managed as universal waste:
A.
Rechargeable batteries and button cell batteries;
B.
Mercury-containing equipment, including thermometers and thermostats;
D.
Fluorescent lamps (light bulbs);
F.
Oil-based paints and finishes.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:
A. Any application to the planning
board of the municipality of the Township of Union for subdivision
or site plan approval for the construction of 25 or more units of
multifamily residential housing, single-family developments of 50
or more units, or any commercial, institutional, or industrial development
proposal 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 municipality of the Township of Union 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 Municipal Engineer.
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, or their
designee are hereby individually and severally empowered to enforce
the provisions of this article. An inspection may consist of, but
is not limited to, sorting through containers and opening of solid
waste bags to detect, by sound or sight, the presence of any recyclable
material.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 $250 nor more than $2,000, or
to imprisonment for a period not to exceed 90 days or a period of
community service not to exceed 90 days. Each day for which a violation
of this article occurs shall be considered a separate offense. Fines
levied and collected pursuant to the provisions of this article shall
be immediately deposited into the Municipal Recycling Trust Fund (or
equivalent). Monies in the Municipal Recycling Trust Fund shall be
used for the expenses of the municipal recycling program.
In the event that it is determined, by a Court of competent
jurisdiction, that any provision or section of this article is unconstitutional,
all other sections and provisions shall remain in effect. This article
shall take effect immediately, unless otherwise provided by resolution
of the governing body.