[Adopted by Ord. No. 92-20 (§ 19-1
of the 2001 Code)]
Pursuant to the Recycling Act,[1] each resident of the Township of Robbinsville shall be
required to comply with the recycling plan of the Township of Robbinsville,
adopting the Mercer County Recycling Plan to meet the state-mandated
recycling goals. To effectuate and implement the Robbinsville Township
Recycling Plan, it is hereby required that the following be complied
with.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et
seq., the New Jersey Statewide Mandatory Source Separation and Recycling
Act.
A.
The Township hereby adopts this article to provide
for recycling within its borders pursuant to the Recycling Act and
Mercer County Recycling Plan as revised as its official municipal
recycling program.
B.
All municipal contracts for solid waste collection
and/or disposal within the Township shall be consistent with this
article and the Mercer County Source Separation and Recycling Plan.
C.
The Township shall heretofore provide for a collection
system for leaves generated from residential premises, prohibit the
placement of leaves for collection or disposal as solid waste, and
require that persons occupying residential premises within its municipal
boundaries source separate leaves from solid waste generated at those
premises and, unless leaves are stored or recycled for composting
or mulching by the generator, place the leaves for collection by the
Road Department (schedule and specifics to be provided via advertising
and mailing to residents).
D.
The Township may deliver tires to the existing transfer
station or such site as designated by the Mercer County Improvement
Authority for transfer to a tire recycler.
E.
Public notice of requirements.
(1)
The Township shall, at a minimum, within 30 days after
the adoption of this article at least once every six months thereafter,
notify all persons occupying residential, commercial, and institutional
premises within these municipal boundaries of recycling opportunities,
and the source separation requirements of its ordinance and the Mercer
County Source Separation and Recycling Plan ("plan"). The municipalities
shall inform residents concerning collection schedules and other aspects
of recycling at a minimum twice a year.
(2)
In order to fulfill the notification requirements
of this subsection, this municipality may, in its discretion, place
an advertisement in a newspaper circulating in the municipality, post
a notice in public places where public notices are customarily posted,
include a notice with other official notifications periodically mailed
to residential taxpayers, or any combination thereof, as the municipality
deems necessary and appropriate.
(3)
At least once monthly, the Improvement Authority shall
be informed in writing of the manner in which residents were notified.
F.
Master Plan revisions.
(1)
The Township of Robbinsville shall, pursuant to N.J.S.A.
13:1E-99.16(c), within 30 days of the effective date of this article,
and at least once every 36 months, conduct a review and make necessary
revisions to the Master Plan and development regulations adopted pursuant
to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), which revisions
shall reflect changes in state, county and municipal policies and
objectives concerning the collection, disposition and recycling of
designated materials.
(2)
The revised Master Plan shall include provisions for
the collection, disposition, and recycling of recyclable materials
designated in this article, and for the collection, disposition and
recycling of designated recyclable materials within any development
proposal for the construction of 50 or more units of single-family
residential housing or 25 or more units of multifamily residential
housing and any commercial or industrial development proposal for
the utilization of 1,000 square feet or more of land.
G.
Permits for construction and demolition work, as well
as road opening permits, shall be required to specify the quantity
of materials recycled, where they shall be taken and how they will
be handled.
A.
All residents within the Township of Robbinsville,
in areas designated for recycling collection, shall separate for curbside
collection on designated collection days and such additional days
as may be designated by the Mercer County Improvement Authority, those
materials designated in the Mercer County Source Separation and Recycling
Plan for curbside collection as listed below and shall do so in the
manner prescribed by the Mercer County Improvement Authority. In addition,
residents shall be required to recycle all designated materials not
collected as part of the Improvement Authority's curbside program
in the manner designated by the municipality.
B.
Categories of recyclables.
(1)
All residents shall recycle, or cause to be recycled,
at a minimum the following categories of recyclables:
(b)
Clear, green, and amber glass food and beverage
containers.
(c)
Aluminum food and beverage containers.
(d)
P.E.T. beverage and H.D.P.E. beverage and laundry
detergent containers.
(e)
Tin-plate steel containers.
(f)
Bimetal containers.
(g)
Tires.
(h)
Vehicle batteries.
(i)
White goods.
(j)
Leaves.
(k)
Grass.
(l)
Used motor oil.
(m)
Ferrous automotive scrap.
(2)
The following materials are collected through the Improvement Authority's residential collection programs: glass, aluminum, plastic, tin-plate steel, and bimetal containers and paper as identified in items Subsection B(1)(a) through (f) above. Private contractors servicing multifamily complexes within the Township of Robbinsville are required to collect for recycling, at a minimum, the same materials as collected through Improvement Authority residential collection programs.
(3)
As part of the Mercer County Source Separation and
Recycling Plan the Township of Robbinsville shall provide all residents
a means to recycle items designated in the plan and shall provide
for collection of items designated in this plan not collected curbside
by the Improvement Authority in the following manner:
C.
Any and all persons having been found to have violated the provisions of the recycling plan of the Township of Robbinsville will be assessed warnings, penalties and fines pursuant to § 220-6.
D.
At the time of placement of recyclable materials designated
for collection by the recycling plan of the Township of Robbinsville
at the curb or streetside of residential units, the material shall
be considered the sole property of the Mercer County Improvement Authority.
E.
Collections from multifamily complexes.
(1)
Materials collected from multifamily complexes by
private contractors shall be the property of the private contractor.
Private contractors servicing multifamily complexes shall provide
monthly reports to the municipality on total tonnages recycled from
all multifamily complexes serviced by the private contractor within
the municipality. On or before January 31, private contractors shall
file tonnage reports with the Improvement Authority giving annual
totals for tonnages recycled and markets for individual materials,
along with documentation for those tonnages and markets.
(2)
It shall be the responsibility of the landlord, building
owner, property manager, and/or private association to ensure that
recycling collection services are provided to residents of multifamily
complexes and that sufficient space is provided for collection and
storage of materials designated for recycling in this plan.
(3)
It shall be the responsibility of the landlord, building
owner, property manager, and/or private association to inform both
current and new residents, at a minimum annually of the manner, time,
and place for collection of recyclable materials.
F.
Any resident may donate or sell designated recyclable
materials to any person, whether operating for profit or not-for-profit,
provided that the receiving person may not perform curbside collection
of designated recyclable materials unless authorized by the Improvement
Authority to do so.
A.
Effective with the adoption of this plan, all commercial,
industrial, and institutional establishments location with the Township
shall recycle, or cause to be recycled, the following categories of
recyclables if a waste audit determines they are present in the waste
stream. The Improvement Authority may, in its discretion, add additional
materials to the list of designated recyclables, if it determines
markets for those materials are available to the commercial/industrial/institutional
sector.
(2)
Clear, green, and amber glass food and beverage containers.
(3)
Aluminum food and beverage containers.
(4)
Tin-plate steel containers.
(5)
Bimetal containers.
(6)
P.E.T. beverage and H.D.P.E. beverage and laundry
detergent containers.
(7)
Tires.
(8)
Vehicle batteries.
(9)
White goods.
(10)
Leaves.
(11)
Grass.
(12)
Used motor oil.
(13)
Ferrous automotive scrap.
B.
All commercial, industrial, institutional establishments
located within the Township shall have submitted a source separation
recycling plan to the Mercer County Improvement Authority to meet
the State recycling mandates identifying or incorporating the following:
[Amended 8-30-2005 by Ord. No. 2005-29]
(1)
All waste material generated, listed by type; and
(2)
All volumes of these waste categories currently recycled.
(3)
Any agreement with any solid waste or recycling collection
contractor for the recycling of source-separated designated materials
as defined in the district recycling plan.
(4)
A description of current or proposed recycling efforts
for designated materials.
(5)
The name of the person responsible for the recycling
plan.
C.
D.
All commercial/industrial/institutional establishments
required to submit a recycling plan under this article may, at their
option, submit a joint recycling plan with any other entity or entities,
whereby a common hauler and/or collection point for common pickup
is set forth. However, each commercial/industrial/institutional establishment
shall submit a plan identifying that they are part of this joint plan
and shall attach a copy of same, incorporating it by reference. All
joint plans must name all plan participants and designate a coordinator
for the joint plan. If a joint plan is filed, the person or entity
serving as coordinator shall be required to file tonnage reports with
the Improving Authority. It shall be the responsibility of the joint
plan coordinator to update the list of participants, if necessary,
at the time of filing of recycling tonnage reports.
E.
New commercial/industrial/institutional establishments
commencing operations in the Township of Robbinsville after January
1, 1991, shall submit a recycling plan within six months of commencement
of operations. An extension of time for plan submittal and/or plan
implementation of up to 90 days may be granted by the Improvement
Authority on request. Justification for such a request shall be submitted
to the Improvement Authority in writing and shall be verified as necessary
or justified.
F.
Commercial/industrial/institutional establishments
shall file tonnage reports with the Improvement Authority annually
with documentation on materials claimed for recycling. Reports are
due on or before January 31 of the year following the end of the reporting
period, which is December 31. The Improvement Authority reserves the
right to establish more frequent reporting periods should the New
Jersey Department of Environmental Protection require more frequent
reporting.
G.
Commercial/industrial/institutional establishment
whose waste is collected through a municipal collection system shall
be part of the municipal collection system for recyclables. All establishments
participating in the curbside collection program shall be required
to recycle designate materials not collected curbside if a waste audit
determines their presence in the waste stream.
H.
All persons leasing commercial/industrial/institutional
space to tenants shall annually inform such tenants of their responsibilities
for recycling under the terms of this plan.
I.
At the time of placement of recyclable materials designated
for collection by the plan at the curb or streetside of commercial/industrial/institutional
establishments, the material shall be considered the sole property
of the Mercer County Improvement Authority and shall be considered
a conscious contribution to the County Recycling System for collection
by the Mercer County Improvement Authority or its agent.
J.
Any commercial/industrial/institutional recycling
plan shall be consistent with those terms, conditions and goals set
forth in the Mercer County Recycling Plan and this article. The failure
to submit the plan or comply with same or any regulations therein,
shall subject the commercial/industrial/institutional establishment
to penalties set forth in this article.
K.
Pursuant to the Recycling Act, the Township of Robbinsville shall have the right to exempt persons occupying commercial, industrial and institutional premises within its boundaries from the source-separation requirements of this article if those persons have otherwise provided for the recycling of recyclable materials designated in this article from solid waste generated at those premises. Such exemptions shall, however, not be effective until such time as approved with a formal plan amendment by Mercer County related thereto. The Township of Robbinsville shall annually submit to the Mercer County Improvement Authority a list of those exemptions under this subsection and the results of its determination with an explanation for the action. To be eligible for an exemption pursuant to this subsection, a commercial or institutional solid waste generator shall annually provide written documentation to this municipality and the Mercer County Improvement Authority of the total number of tons recycled. Persons occupying commercial and institutional premises exempted under this subsection shall not be exempted from the reporting provisions of Subsection C of this section.
L.
Upon failure of a commercial/industrial/institutional
establishment to meet the source separation recycling provisions of
this amended plan and/or the provisions of this article, and/or the
provisions of the Mandatory Recycling Act, if not otherwise exempted,
the municipality and/or Improvement Authority shall cause to be provided
the recycling service, and all fees and costs for providing the recycling
service shall be paid to the municipality in which the commercial
establishment is located.
M.
Any commercial/industrial/institutional recycling
plan shall be consistent with those terms, conditions and goals set
forth in the Mercer County Source Separation and Recycling Plan and
this article. The failure to submit the plan or comply with the same
shall subject the commercial/industrial/institutional establishment
to penalties as set forth in this article.
A.
The enforcement of the recycling plan of the Township
of Robbinsville shall be provided individually and severally by the
Township with regard to enforcement of this article, and/or the Mercer
County Improvement Authority and/or the New Jersey Department of Environment
Protection.
B.
The Township hereby designates the Recycling Coordinator,
who shall be named by resolution, as liaison with the Mercer County
Improvement Authority for the enforcement of this article.
A.
Residents.
(1)
Any resident of the Township of Robbinsville who is
found to have violated the provisions of this article shall be subject
to the following procedures and penalties:
(a)
Three warnings with cessation in collection
of garbage containing recyclable materials from the household until
recyclables are removed from garbage.
B.
Commercial/industrial/institutional establishments.
(2)
Any commercial/industrial/institutional establishment located within Mercer County found to have violated their required recycling plan as submitted to the county pursuant to § 220-6 shall be subject to the following procedures and penalties.
(a)
A warning on the first three occasions and cessation
of waste collection; thereafter
This article shall constitute the adoption and
approval of the Mercer County Source Separation and Recycling Plan
as set forth in the amendment to the Mercer County Solid District
Solid Waste Management Plan.