Proper management of solid waste is an important matter of public health and safety. The source separation and recovery of certain recyclable materials will serve the public interest by conserving energy and natural resources, and reducing waste disposal expenses. In accordance with the requirements of the New Jersey Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et. seq.) and the 2009 Update to the Monmouth County Solid Waste Management Plan, it is therefore necessary to update and amend the existing municipal rules and regulations for the separation, storage, collection and recovery of designated recyclable materials.
[Adopted 3-25-1987 by Ord. No. 87-03 (Ch. 2.102 of the 1997 Code)
[Amended 6-24-1987 by Ord. No. 87-8; 12-23-1987 by Ord. No. 87-20; 3-24-2010 by Ord. No. 2010-02]
A.
It shall be mandatory for all persons who are owners, lessees and occupants of residential property, of business and industrial properties, and of private or public and government institutions and buildings to separate newspaper, corrugated cardboard, clean mixed paper, aluminum cans, tin and bimetal cans, glass bottles and jars, and pourable plastic bottles ("designated recyclables"), from all other solid waste produced by such residences and establishments, for the separate collection and ultimate recycling of such materials.
B.
Residences, businesses and institutions provided with recyclables collection service by municipal forces or through municipal contract shall place all designated recyclables in the appropriate containers at curbside or other areas in the manner and schedule are regularly published and distributed by the municipality.
C.
Any multifamily complex, business or institution which is not provided recyclables collection service by the Borough of Englishtown or through municipal contract shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables.
D.
Any multifamily complex, business or institution which is not provided recyclables collection service by municipal forces or through municipal contract shall provide the municipality with, at a minimum, an annual report describing arrangements for both solid waste and recyclables collection services, including the size, number and location of storage containers; frequency of pickup service; the name and address of any contractor hired to provide such service; and phone and other contact information for the contractor.
E.
Leaves shall be kept separate from other vegetative waste and shall only be placed for collection in the manner and schedule as shall be published and distributed by the Borough. Grass clippings shall not be placed with other materials for solid waste collection. This requirement shall not prohibit any person or establishment from making arrangements to collect leaves and grass directly from their property through their own efforts or via contract with a landscape service or other appropriate contractor, for direct transportation to a permitted recycling operation.
F.
The following bulky recyclables shall not be placed with solid waste at the curbside or in containers provided for waste collection and transportation to a disposal facility: concrete, asphalt, brick, block, tree stumps and limbs over three inches in diameter, metal appliances or bulk metal items larger than one cubic foot and/or heavier than five pounds.
G.
Automotive and other vehicle or wet-cell batteries, used motor oil and antifreeze shall not be disposed as solid waste. Such items are to be kept separate from other waste materials and recyclables and brought to local service stations, scrapyards, or publicly operated recycling facilities designed and permitted to handle such products.
H.
Common, nonrechargeable dry-cell batteries, commonly labeled "A," "AA," "AAA," "C," "D," and "9-volt," may be disposed with regular municipal solid waste; however, rechargeable dry-cell and button batteries still contain significant amounts of various toxic metals, including mercury, and shall be separated and brought to retail outlets or publicly operated recycling facilities providing specific arrangements for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.
I.
Computers, monitors and other related electronic hardware, as well as analog and digital televisions, are prohibited from being placed with other solid waste for disposal. These and other electronic devices shall be kept separate and brought to retail outlets or publicly operated recycling facilities providing specific arrangements for shipment of these items to appropriate processing facilities.
[Amended 3-24-2010 by Ord. No. 2010-02]
As used in this article, the following terms shall have the meanings indicated:
All disposable cans made of aluminum used for food and beverages. Specifically excluded are aluminum foils, pie tins, trays, cookware and other aluminum products.
High-grade bond paper; mixed office and school papers, such as stationery, construction paper and writing tablets, including computer printouts; magazines; gift wrapping paper; softcover books; junk mail and single-layer cardboard (chipboard). Specifically excluded are carbon papers; hardcover books (unless cover and binder are removed); paper cups and plates; food wrappers or any other paper contaminated by direct contact with food products; and paper products used for personal hygiene, such as tissues.
Layered cardboard, including a waffled section between the layers, of the type commonly used to make boxes and cartons. Specifically excluded are waxed cardboard and any cardboard contaminated by direct contact with food such as pizza boxes.
Transparent or translucent containers made from silica or sand, soda ash and limestone, used for the packaging or bottling of various products. Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.
Includes paper of the type commonly referred to as "newsprint" and includes any inserts which are normally included in the newspaper. Specifically excluded are any pages of the newspaper used for household projects and crafts, such as painting or papier maiche projects, or used for cleanup of pet waste.
Plastic bottles where the neck is smaller than the body of the container, and is limited to plastic resin type No. 1 PET and plastic resin type No. 2 HDPE. Specifically excluded are other resin types (No. 2 through No. 7) and nonbottle plastic containers such as margarine tubs and other consumer items and package, such as film plastics, blister packaging, boxes, baskets, toys and other products.
All disposable cans made of tin, steel or a combination of metals, including, but not limited to, containers commonly used for food products. Specifically excluded are cans which contain toxic products, such as paints and oils.
A.
The position of Recycling Coordinator is hereby created and established within the Borough of Englishtown for the purpose of enforcing the provisions and requirements of this article.
[Amended 6-24-1987 by Ord. No. 87-8]
B.
The Mayor and Council may appoint the Recycling Coordinator for a term of one year expiring December 31 of each year. The term of the person first appointed as Recycling Coordinator shall expire December 31 of the year of that person's appointment.
C.
The Mayor and Council, or the Recycling Coordinator subject to the approval of the Mayor and Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and/or marketing of said recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Borough of Englishtown.
D.
The Recycling Coordinator shall be required to comply with the certification requirements for municipal recycling coordinators, as established by the State of New Jersey. The Recycling Coordinator shall have completed or be in the process of completing the requirements for certification as a certified recycling professional (CRP) no later than January 13, 2012, as required by the New Jersey Recycling Enhancement Act.[1]
[Added 3-24-2010 by Ord. No. 2010-02]
[1]
Editor's Note: See N.J.S.A. 13:1E-96.2 et seq.
A.
The Mayor and Council may use municipal personnel to collect recyclable material set forth herein at curbside and/or from a drop-off center and shall sell said recyclable material if a market exists therefore pursuant to N.J.S.A. 40A:11-1 et seq.
B.
The Mayor and Council may elect to enter into agreements with any person, partnership, corporation or municipality authorizing them to collect said recyclable material at curbside or from a drop-off centers and to sell said recyclable material.
A.
"Recyclable material" as defined herein shall be the property of the Borough of Englishtown once placed on the curbside or brought to a drop-off center.
B.
It shall be a violation of this article for any person unauthorized by the Borough of Englishtown to pick up or cause to be picked up said recyclable material, as defined herein. Each such collection in violation hereof shall constitute a separate, distinct offense punishable as hereinafter provided.
Anything herein to the contrary notwithstanding any person, partnership or corporation who is owner, lessee or occupant of a residential or nonresidential property may donate or sell said recyclable material, as defined herein, to any person, partnership or corporation, whether or not operating for profit. Said person, partnership or corporation, however, shall not pick up said recyclable materials at curbside or at a municipal drop-off center.
[Amended 3-24-2010 by Ord. No. 2010-02]
A.
No liquids of any type shall be placed with recyclables or with solid waste for collection and disposal.
B.
No chemicals, liquid paints, pesticides, herbicides, reactive polished or cleansers, cleaning or automotive products, or other hazardous wastes shall be placed with recyclables or with solid waste for collection and disposal.
[Added 3-24-2010 by Ord. No. 2010-02]
A.
All apartment and other multifamily complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for use by residents, students, employees, customers or other visitors for trash and various types of recyclables, as appropriate.
B.
Any company or agency providing dumpsters, roll-off or other containers to any apartment or other multifamily complex with shared disposal and recycling areas; or to any business, school or other institution; or for any construction/demolition project shall clearly mark such container for trash or for specific recyclables, as may be appropriate.
[Added 3-24-2010 by Ord. No. 2010-02]
A.
The Borough shall issue construction and demolition permits only after the applicant has provided a debris management plan identifying the estimated number and types of containers to be used for the handling of all solid wastes and recyclables generated during the project, and arrangements for the proper disposition of generated materials.
B.
A refundable deposit of $250 shall be submitted with the debris management plan, which will be returned after completion of the project and submittal of appropriate records documenting the quantity and disposition of solid wastes and recyclables. Inadequate or incomplete documentation may result in the forfeiture of some or all of the required deposit.
[Added 3-24-2010 by Ord. No. 2010-02]
A.
The duly appointed municipal Recycling Coordinator, the Monmouth County Health Department and the Borough Code Enforcement Officer are hereby jointly and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, businesses, schools and institutions, and to enforce the provisions of this article by issuance of warnings, notices, summonses and complaints. A typical inspection may consist of sorting through containers and opening bagged solid wastes to detect the presence of recyclable materials.
B.
The authorized inspector may, in his or her discretion, issue a warning rather than a summons following an initial inspection with a follow-up visit to determine compliance within a stated period of time.
[Added 3-24-2010 by Ord. No. 2010-02]
A.
Violation or noncompliance with any of the provisions of this article or rules and regulations promulgated hereunder shall be punishable by a fine as follows:
B.
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
C.
Fines levied and collected in the Borough Municipal Court pursuant to the provisions of this article shall be deposited into the Municipal Recycling Trust Fund. Monies in said fund shall be used for the expenses of the municipal recycling program.