[HISTORY: Adopted by the Township Committee of the Township
of Harmony 8-4-2009 by Ord. No. 09-5[1] (Ch. 130 of the 1990 Code). Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed Original Ch. 130,
Recycling, of the 1990 Code comprised of original Art. I, General
Provisions, adopted 7-3-1990 by Ord. No. 0:90-9, and original Art.
II, Recycling Coordinator, adopted 12-3-1991 by Ord. No. 0:91-10.
As used in this chapter, the following terms shall have the
meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
An activity involving the sale of goods or services carried
out for profit.
Those materials designated within the Warren County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include:
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Designated Traditional Materials
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Designated Nontraditional Materials
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|---|---|---|---|
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Aluminum cans
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Antifreeze
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Computer paper
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Asphalt and concrete bricks/pavement
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Glass bottles and jars — three colors
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Automotive batteries (lead acid)
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(clear, green and brown)
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Carpet
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Corrugated cardboard
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Florescent tubes
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High-grade office paper — white
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Computers
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Magazines and mixed paper
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Laser and inkjet cartridges
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Newsprint
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Household batteries
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Plastic bottles
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Latex paint, if collection is available
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1.
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PETE-clear and green (type #1)
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Leaves and yard waste (brush, tree parts)
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2.
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HDPE-clear and colored (type #2)
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Nontreated wood
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Steel cans/tin cans
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Oil filters
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Propane tanks
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Scrap metals (including junked autos)
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Source-separated metal
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Stumps
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Textiles/clothing
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Tires
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Used motor oil
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White goods (large appliances)
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To be included in those instances where a recycling program
has been, or will be, established for these materials, 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.
Any building including but not limited to any related structure,
accessory building, and land appurtenant thereto, and any part thereof,
which contains 10 or more units of dwelling space or has sleeping
facilities for 25 or more persons and is kept, used, maintained, advertised
as or held out to be a place where sleeping or dwelling accommodations
are available to transient or permanent guests. This definition shall
also mean and include any hotel, motor hotel, motel, or established
guesthouse, which is commonly regarded as a hotel, motor hotel, motel,
or established guesthouse, as the case may be, in the community in
which it is located, provided that this definition shall not be construed
to include any building or structure defined as a multiple dwelling
in this act, registered as a multiple dwelling with the Commissioner
of Community Affairs as hereinafter provided, and occupied or intended
to be occupied as such, nor shall this definition be construed to
include a rooming house or a boardinghouse as defined in the Rooming
and Boarding House Act of 1979, P.L. 1979, c. 496 (N.J.S.A. 55:13B-1
et al.), or except as otherwise set forth in P.L. 1987, c. 270 (N.J.S.A.
55:13A-7.5, 55:13A-7.6, 55:13A-12.l, 55:13A-13.2), any retreat lodging
facility, as defined in this section.
Any building or structure or complex of buildings in which
three or more dwelling units are rented or leased or offered for rental
or lease for residential purposes (See N.J.S.A. 13:1E-99.13a.) except
hotels, motels, or other guesthouses serving transient or seasonal
guests as those terms are defined under subsection (j) of § 3
of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A.
55:13A-1 et seq.).
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
chapter, and any rules and regulations which may be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of Harmony.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
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 schools, and other institutional locations within the municipality
of Harmony, 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 and shall be placed separately at the
curb in a manner and on such days and times as may be hereinafter
established by regulations promulgated by the Recycling Coordinator.
B.
Exemptions. Pursuant to N.J.S.A.
13:1E-99.16d, 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 chapter
which require 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 chapter, 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 shall provide written documentation to the Municipal
Recycling Coordinator of the total number of tons collected and recycled
for each designated material.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
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
5:00 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
7:00 p.m. of the day of collection.
B.
All receptacles or dumpsters shall
be maintained in accordance with the Health Code of the municipality
of Harmony.
A.
The owners/occupants of single-family
and two-family dwellings shall be responsible for compliance with
this chapter.
B.
For multifamily units, the management
or owner is responsible for setting up and maintaining the recycling
system, including the designation of a building/complex recycling
coordinator who will oversee the recycling system which includes the
collection of recyclable materials.
C.
Violations and penalty notices
will be directed to the owner, occupant, 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.
A.
All commercial, business, or industrial
facilities shall be required to comply with the provisions of this
chapter.
B.
The arrangement for collection
of designated recyclables hereunder shall be the responsibility of
the commercial, institutional or industrial property owner or their
designee, unless the municipality provides for the collection of designated
recyclable materials. All commercial, institutional or industrial
properties which provide outdoors 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.
C.
Annually, every business, institution,
or industrial facility shall report to the Municipal Recycling Coordinator
the recycling activities undertaken at its premises, including the
amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service. The forms to
be used will be provided by the Municipal Recycling Coordinator.
D.
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.
A.
Any application to the Land Use
Board of the municipality of Harmony 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.
(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.
(3)
Provisions shall be made for
the indoor or enclosed outdoor storage and pickup of solid waste,
to be approved by the Municipal Engineer.
B.
Prior to the issuance of a certificate
of occupancy by the municipality of Harmony, 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.
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
waste for proper disposal or recycling. Allowing such unseparated
solid waste and recyclables to accumulate will be considered a violation
of this chapter and the local sanitary code.
C.
Once placed in the location identified
by this chapter, or any rules or regulations promulgated pursuant
to this chapter, no person, other than those authorized by the municipality,
shall tamper with, collect, remove, or otherwise handle designated
recyclable materials.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The municipal the Recycling Coordinator, the Zoning Officer,
or other code enforcement officer, the state police, and the Warren
County Department of Health are hereby individually and severally
empowered to enforce the provisions of this chapter.
A.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be subject to the penalty provisions in Chapter 1, Article II, General Penalty, of the Code of the Township of Harmony.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Each day for which a violation
of this chapter occurs shall be considered a separate offense.
C.
Fines levied and collected pursuant
to the provisions of this chapter 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, including enforcement and education.
A.
The position of Recycling Coordinator
is hereby created and established within the Township of Harmony.
B.
The Recycling Coordinator shall
be appointed by the Township Committee for a term of one year, expiring
December 31 of each year. The term of the person first appointed Recycling
Coordinator shall expire December 31 of the year of that person's
appointment.
C.
The Recycling Coordinator, subject
to the approval of the Township Committee, shall establish and promulgate
reasonable regulations as to the manner, days and times for the collection,
sorting, transportation, sale and/or marketing of said recycling material
in order to encourage the preservation of material resources while
minimizing the cost of the recycling program to the Township of Harmony.
D.
The Recycling Coordinator shall
receive such compensation as shall be provided under an ordinance
fixing salaries of several officers and officials of the Township
of Harmony, County of Warren and State of New Jersey, as the same
shall be amended or supplemented from time to time.
