This article shall be known as the "Elsinboro Township Recycling and Waste Ordinance."
[Adopted 8-6-1990 by Ord. No. 90-6]
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section and in N.J.S.A. 13:1E-99.12 and in the Salem County Recycling Plan.
All products made of aluminum, including aluminum cans, foil, wrappers, containers for prepared dinners or other foods, screen frames and lawn chairs.
Stones, dirt, demolition material, broken concrete and other like material, brush, branches, small trees and bushes.
Putrescible animal, fish, fowl, fruit or vegetable waste incident to and resulting from the use, preparation, cooking and consumption of food.
All products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other material commonly known as "glass"; excluding, however, blue and flat glass and glass commonly known as "window glass."
All products made of metal, exclusive of aluminum, including washers, dryers, refrigerators, stoves, hot water heaters, tire rims, springs, bicycles, bimetal cans (tin cans) or scrap metal.
Ashes, plastic material, ceramics, blue and flat glass, nonputrescible solid waste, building materials, contaminated paper and other similar materials.
There is hereby established a program for the mandatory separation of recyclable material within the Township of Elsinboro.
The occupant or owner of any residential, commercial or institutional building or use within the Township of Elsinboro unless exempted shall place for disposal, removal or collection the following named primary recyclable materials in strict conformity with the following regulations:
A.
Glass shall be contained in a reusable metal or plastic occupant- or owner-supplied container separated into one container for clear glass and one for brown glass and one for green glass with lids, metal rings and plastic covers removed.
B.
Aluminum shall be contained in a reusable metal or plastic occupant- or owner-supplied container.
C.
Newspapers shall be tied into bundles not to exceed 50 pounds and kept dry.
D.
High-grade office paper shall be tied into bundles not to exceed 50 pounds and kept dry.
E.
Corrugated and other cardboard and brown paper bags shall be stacked and secured from wind, tied into bundles and kept dry.
F.
Magazines shall be tied into bundles not to exceed 50 pounds and kept dry.
G.
Certain HDPE and PET plastic containers as designated by the Township Recycling Coordinator shall be placed for collection in the manner described by him.
The occupant or owner of any residential, commercial or institutional building or use within the Township of Elsinboro unless exempted shall place for disposal, removal or collection in the manner specified such other materials as may be identified by the Recycling Coordinator when a convenient and economically feasible market exists and this article is amended accordingly.
A.
It is prohibited to place leaves and grass clippings for collection or disposal as solid waste. All persons occupying residential premises within the Township shall mulch or compost the leaves and grass clippings generated at those premises.
B.
Residential leaf generators are prohibited from causing or permitting nonorganic materials, paper, plastic, metal, wood, or other materials from becoming mixed in with leaves.
C.
Residential leaf generators are prohibited from mixing in leaves with municipal solid waste for disposal of solid waste.
D.
Haulers are prohibited from collecting solid waste in which leaves have been mixed.
E.
Notice of these leaf requirements shall be given to residential leaf generators by a method prescribed by N.J.S.A. 13:1E-99.16.
Recycling Coordinator or such other person as designated by the Township Committee shall be charged with the responsibility for enforcing this article, including issuance of warnings for violations and signing complaints against violators in the appropriate court. No complaint shall be filed in any court against a waste hauler or recyclable collector in violation of this article unless the person charged with the enforcement of this article shall first have given written warning 10 days in advance to the person charged that such action would or might be forthcoming. Such notice may be served by personal delivery or by ordinary or certified mail to the addressee's last known address.
Persons occupying commercial or institutional premises may be exempted by the Township from the source-separation requirements of some or all of the provisions of this article, but only under the conditions set forth herein:
A.
Eligibility for exemption. In order for a person occupying commercial or institutional premises to be granted exemption from one or more of the source-separation requirements of the municipal recycling plan, two conditions must exist:
(1)
The person must have otherwise provided for the recyclable materials designated in the plan from which the exemption is sought; and
(2)
The person shall be required to annually provide verifiable written documentation (reports) to the municipality of the total number of tons recycled prior to the request for exemption, and thereafter for each year in which any such exemption is operable.
B.
Term of exemption. No such exemption, if granted, shall endure for a period in excess of 12 months without of review and extension based upon continued compliance within Subsection A, above. Any exemption shall terminate automatically and without notice whenever the exempted person fails to comply with Subsection A(1).
The collection, removal and disposal of wastepaper products, glass, aluminum, trash, debris and large objects from noninstitutional residential buildings within the Township shall be supervised by the official designated by the Township Committee who shall have the power to establish the time, method and routes of service and the color-coding of receptacles. Special times for large-item pickup shall be established. Excluded from trash accepted for collection shall be:
A.
Any and all waste material generated outside of Elsinboro Township.
B.
Any material not accepted by the Salem County landfill without special arrangements, special packaging, special handling or special fees.
C.
Any trash resulting from building demolition.
D.
Contractor renovations materials.
E.
Tires.
F.
Motor vehicles, tractors, farm machinery, and trucks or parts of any of those items.
G.
Toxic and hazardous waste.
H.
Tree stumps.
I.
Brush and trees or parts of brush and trees in excess of four inches in diameter.
J.
Animal carcasses.
K.
Nonhousehold chemical or petroleum products.
L.
Herbicide, pesticide and chemical containers unless they are empty and triple-rinsed.
M.
Leaves and grass trimmings.
Garbage, trash and debris from noninstutional residential buildings shall be placed in metal or heavy-duty plastic containers, boxes or plastic bags secured by a lid or securely tied with a total weight to exceed 50 pounds.
Branches from noninstitutional residential property shall be placed at curbside and the Township notified as directed by the Recycling Coordinator.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Large nonmetal items such as furniture, rugs, mattresses and television sets from noninstitutional residential buildings within the Township shall be placed at curbside on the day designated for collection of such items and phone notice to the Elsinboro Township Clerk at least two business days in advance.
All receptacles required herein shall be supplied by the occupant or owner of the premises and placed prior to collection between the curb and sidewalk, where they shall be readily accessible to the collector. The occupant or owner shall keep all receptacles clean and in condition for safe handling. Receptacles or other items to be disposed of shall be placed outside after 6:00 p.m. of the day immediately preceding the day of collection. After collection, any empty containers shall be removed from curbside promptly but no later than 7:00 p.m. of the day of collection.
From the time of placement at the curb of any one of the categories described herein for the collection by the Township of Elsinboro or its agent in accordance with the terms hereof, items shall be and become the property of the Township of Elsinboro or its authorized agent. It shall be a violation of this article for any person unauthorized by the Township of Elsinboro to collect or pick up or cause to be collected or picked up any such items during the twenty-four-hour period commencing at 6:00 p.m. on any day preceding a day designated for collection. Any and each such collection in violation hereof from one or more residences during said twenty-four-hour period shall constitute a separate and distinct punishable violation as hereinafter provided.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be punishable by one or more of the following: by fine not exceeding $1,000, or by imprisonment not exceeding 90 days, or by a period of community service not exceeding 90 days.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistency only.
If any section, paragraph, subsection, clause, or provision of this article shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this article as a whole or any other part thereof.
This article shall take effect after final passage, adoption and publication as required by law.