Township of Middle, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Middle 12-17-2007 by Ord. No. 1284-07[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Dumping — See Ch. 128.
Excavations and soil removal — See Ch. 132.
Parks and recreation areas — See Ch. 188.
Property maintenance — See Ch. 193.
Public health nuisances — See Ch. 273.
[1]
Editor’s Note: This ordinance also repealed former Ch. 158, Garbage and Recycling, consisting of Art. I, Garbage Collection, adopted 2-16-1967 by Ord. No. 216, as amended, and Art. II, Recycling, adopted 5-4-1988 by Ord. No. 620-88, as amended.
As used in this article, the following words and terms shall have the meanings set forth below:
CONTRACTOR
The person, firm or corporation having a contract with this Township for the collection and removal of garbage and trash.
GARBAGE
Any waste material resulting from the handling, preparation, cooking and consumption of food or from the handling, storage and sale of produce; any waste material in process of or subject to decomposition or decay, incident to ordinary domestic or business uses or purposes, including, among other things, kitchen refuse, animal or vegetable matter, offal and decaying and decomposing substances.
OCCUPANT
The owner, agent, tenant, lessee, caretaker, or any other person in charge of any premises in this Township.
TRASH
All other refuse except rocks, concrete, bricks, plaster, dirt or similar solid materials resulting from building or manufacturing operations or industrial processes.
Garbage and trash shall be collected once each week on such days and at such hours as are specified by the Township Committee.
A. 
All vehicles used for the collection and removal of garbage and trash shall be provided with watertight containers, hydraulically or mechanically operated, closely and entirely covered in such a manner as to prevent leakage or dispersal of their contents. Said containers shall be kept closed at all times except when actually being filled or emptied. They shall be maintained in a sanitary manner and shall be washed and disinfected between collections. Vehicles and containers shall be maintained so as to prevent offensive odors or appearances to the extent possible.
B. 
Whenever weather conditions or other causes make it impossible to make a scheduled collection or any portion of a scheduled collection, the contractor shall immediately report such fact to the Township Clerk.
C. 
Neither the contractor nor any of his agents, collectors or employees shall pick or sort garbage or trash. The contents of containers of garbage or trash shall be immediately transferred at the time of collection from the premises without any unnecessary delay or exposure and without any spilling.
D. 
Immediately upon emptying said containers, the contractor shall, in a careful, quiet and clean manner, return them to the location from which he picked them up.
E. 
The contractor shall see to it that his employees, agents and collectors shall deport themselves in a quiet, decent and law-abiding manner and shall apply themselves diligently to the performance of the necessary work and shall refrain from neglect or insolence or any improper conduct, and the contractor shall discharge any employees failing in these requirements.
F. 
The contractor shall not sprinkle or place any disinfectant or poisonous chemical upon any garbage or trash within the limits of this Township.
A. 
Each occupant of any residential premises or mobile home lot in this Township shall provide suitable containers for collection of garbage and trash. Said containers shall be made of either metal or plastic; they shall be watertight and have close-fitting covers; and they shall be of a capacity not less than five gallons nor more than 50 gallons.
B. 
The contents of a container shall not weigh more than 50 pounds.
C. 
Garbage shall be drained of all moisture and completely wrapped in paper before being placed in said containers.
D. 
Containers shall be placed at the curb or property line along a public highway in such a manner as to give the contractor ready access to the same. No collections will be made from any location which is not along the right-of-way of a public highway.
E. 
All single-use properties with businesses generating 200 or more pounds of garbage and trash weekly must provide for private pickup of such garbage and trash and provide proper disposal of same.
F. 
All properties with two or more businesses generating a combined total of 200 pounds of garbage and trash per week must provide for private pickup of garbage and trash. A common enclosure may be used to house garbage and trash, as well as designated recycling. However, garbage and trash must be in a separate container and designated recyclables in a designated container separate from garbage and trash.
A. 
The contractor shall comply with all of the foregoing rules and regulations and with the provisions of any other applicable ordinance, regulation or statute.
B. 
Each occupant shall comply with all of the foregoing rules and regulations.
C. 
In addition to any other penalty prescribed herein for failure to comply with the foregoing rules and regulations, the trash and garbage of any occupant will not be collected unless and until the same is set out for collection in the manner herein prescribed.
The violation of any of the provisions of this article shall, upon conviction, be punishable by a fine of not less than $250 nor more than $1,000. Each twenty-four-hour period that any violation continues to exist shall be deemed to be a separate offense and shall be punishable as aforesaid.
[Amended 6-21-2010 by Ord. No. 1361-10; 5-16-2011 by Ord. No. 1385-11; 6-3-2013 by Ord. No. 1448-13]
This article shall be known and may be cited as the "Township of Middle Recycling Program Ordinance."
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Cape May County Solid Waste Management Plan to be source separated for the purpose of recycling by residential, commercial, institutional and industrial sectors. The recycling of these materials is mandatory; they cannot be disposed of as solid waste. The source-separated recyclable materials that are mandated for recycling are organized into the following two categories, which include but are not limited to:
A. 
Category 1: designated recyclable materials to be set out at curbside. The following source-separated recyclable materials shall be mixed together and set out at curbside for collection; this set-out and collection system shall be known as "single-stream collection." The following items are included as "single-stream recyclable materials":
(1) 
Paper products: newspaper with inserts, magazines, office paper, junk mail including shredded paper, telephone and paperback books, corrugated cardboard, brown paper bags, non-foil wrapping paper, and chipboard packaging including but not limited to dry food boxes (cereal, rice, pasta, cookie and cracker), gift, shoe and tissue boxes, powdered detergent boxes, paper towel rolls, clean pizza boxes (no food debris) and cardboard beverage carriers. Remove and throw away all liner bags, food-contaminated paper and waxed-coated cardboard boxes. Shredded paper may be placed in a clear plastic bag.
(2) 
Glass, food and beverage containers: clear, green and brown food and beverage bottles and jars, excluding, however, blue bottles, window glass and light bulbs. All food and liquid residue shall be removed from containers.
(3) 
Metal food and beverage containers: aluminum and steel food and beverage containers five gallons or less in size, including empty aerosol cans. No paint cans. All food and liquid residue shall be removed from containers.
(4) 
Plastic containers: plastic containers imprinted with the following on the bottom:
PETE
HDPE
PVC
LDPE
PP
PS or
Other
five gallons or less in size, including bottles, jugs, jars and other rigid plastic containers. Plastic containers from food, beverage, health, beauty and cleaning products are included. Examples include, but are not limited to, margarine tubs, microwave trays, yogurt containers, plastic buckets and landscape pots. No Styrofoam packaging. No polystyrene egg cartons. No beverage cups. No PVC pipe. No plastic film. No plastics which contained chemicals or hazardous products, such as motor oil or pesticide containers. All food and liquid residue shall be removed from containers.
B. 
Category 2: designated materials to be recycled by the individual generator or municipality via dropoff at Cape May County Municipal Utilities Authority (CMCMUA) or private NJDEP-approved recycling facilities, as applicable:
(1) 
Christmas trees: free of decorations, tree stands and plastic bags;
(2) 
Leaves: comprised mainly of tree and plant leaves and not contaminated with brush or other material; and
(3) 
Grass: lawn grass clippings;
(4) 
Brush, tree branches and stumps: all parts of vegetative growth from trees, and vegetative materials generated during land clearing;
(5) 
Ferrous and nonferrous scrap: metals, such as copper, iron, sheet metal, aluminum, radiators, structural steel, metal pipe and "white goods" including, but not limited to, appliances containing CFC' or Freon;
(6) 
Computers and consumer electronics: a computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines, cathode ray tubes, cathode ray tube devices, flat panel displays or similar video display devices with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including, but not limited to, televisions and cell phones. Also includes VCRs, radios and landline telephones;
(7) 
Motor oil/kerosene/No. 2 heating oil: crankcase oil and similar oils, kerosene fuel and No. 2 home heating oil which are used to fuel heating equipment;
(8) 
Wood pallets and crates: clean untreated, unpainted pallets and crates only;
(9) 
Batteries, lead acid batteries: used SLA (sealed lead acid) batteries generated from motor vehicles, aviation and marine equipment;
(10) 
Propane tanks: empty twenty-to-thirty-pound BBQ type tanks;
(11) 
Contaminated soil: if classified as ID27, all fuel-contaminated soil, dewatered soil, and stone from septic beds and similar materials which are allowed to be recycled in accordance with the regulations of the New Jersey Department of Environmental Protection;
(12) 
Commercial cooking grease: grease and oil generated from food preparation by commercial sources only;
(13) 
Asphalt and concrete: asphalt and concrete materials from construction and demolition projects;
(14) 
Auto and truck bodies: all junk automobiles, trucks and parts;
(15) 
Rimless tires: worn truck and passenger car tires without rims;
(16) 
Used oil filters: used filters that are generated from changing crankcase oil in automobiles, trucks and other vehicles;
(17) 
Antifreeze: used antifreeze generated from automobiles, trucks and other vehicles/sources; and
(18) 
Consumer rechargeable NiCad (nickel-cadmium) and small sealed lead acid batteries: small sealed batteries generated from use of electronic equipment.
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to enforce the provisions of this article, and any rules and regulations which may be promulgated hereunder. This appointee shall also be responsible to assure that all materials recycled in the municipality are properly reported and recorded. The New Jersey Mandatory Source Separation and Recycling Act requires that each municipality appoint at least one individual as Municipal Recycling Coordinator who has successfully completed all requirements mandated by the State of New Jersey to be designated as a New Jersey Certified Recycling Professional.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the Township of Middle.
NJDEP
The New Jersey Department of Environmental Protection.
RECOMMENDED RECYCLABLE MATERIALS
Those materials recommended within the Cape May County Solid Waste Management Plan to be source separated for the purpose of recycling by residential, commercial, institutional and industrial sectors.
RECYCLABLE or 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-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
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.
Mandatory source separation: It shall be mandatory for all persons who are owners, lessees, tenants or occupants of residential and nonresidential premises, including but not limited to retail and commercial locations, government, schools and other institutional locations within the Township of Middle, to separate designated recyclable materials from all solid waste.
A. 
Category 1 designated recyclable materials shall be placed at the curb in a manner and on such days and times as may be hereinafter established by the Township of Middle.
B. 
When municipal curbside collection is not provided for designated recyclable materials, as is the case for those recyclables included in Category 2, it shall be the obligation of the generator to deliver or arrange for the delivery of such materials to the Cape May County Municipal Utilities Authority (CMCMUA) recycling facilities located at the sanitary landfill and/or transfer station as applicable, or to a private sector market for recycling.
The collection of source-separated recyclable materials shall be in the manner prescribed as follows:
A. 
It is the responsibility of the property owner to provide adequate size and number of containers for the placement of recyclables for curbside collection as follows: single-stream recyclable materials as defined in Category 1 shall be mixed together in one container. More than one container may be used for single-stream recyclable materials; however, each container used should be marked or labeled to identify its contents as single-stream recyclable materials. All set-out containers which contain single-stream 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 recycled 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 a clean and safe manner.
C. 
The following materials must be source separated and recycled through the municipal recycling program in the following manner:
(1) 
Leaves and grass. Leaves shall be raked to the curbside for bulk pickup beginning on or about November 1 of each year and ending on or about January 15 of each year. All other times of the year leaves shall be in biodegradable paper leaf bags or in open containers and placed at curbside with the recyclables. Grass clippings shall be in a biodegradable leaf paper bag or open container and placed at curbside with the recyclables. The weight of the bag/container is not to exceed 50 pounds.
(2) 
Christmas trees. Natural Christmas trees shall be placed at curbside for collection free of all decorations, tree stands and plastic bags starting on or about December 26 of each year and ending on or about February 15 of each year.
(3) 
Brush, tree branches and small trees. Brush, branches and small trees shall be placed at curbside for pickup by the Township of Middle. They must be freshly cut and are not to exceed three inches in diameter and no longer than eight feet. All brush and small trees must be free of roots, dirt and soil.
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(4), regarding white goods and ferrous and nonferrous scrap metal, was repealed 7-1-2019 by Ord. No. 1593-19.
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(5), regarding ferrous and nonferrous scrap, was repealed 7-1-2019 by Ord. No. 1593-19.
(6) 
Computers and consumer electronics shall be placed at curbside for pickup by the Township of Middle on your regularly scheduled trash day.
(7) 
Tires shall be placed at curbside for pickup by the Township of Middle on your regularly scheduled trash day.
(8) 
Antifreeze shall be placed at curbside for pickup by the Township of Middle on your regularly scheduled trash day.
(9) 
Lead acid batteries shall be placed at curbside for pickup by the Township of Middle on your regularly scheduled trash day.
(10) 
Used motor oil shall be placed at curbside for pickup by the Township of Middle on your regularly scheduled trash day.
D. 
The following materials must be source separated and recycled by the generator at authorized CMCMUA recycling facilities or any NJDEP approved recycling center:
(1) 
Wood pallets and crates: by individual generator.
(2) 
Propane tanks: by individual generator.
(3) 
Computers and consumer electronics: curbside by the Township of Middle.
(4) 
Tires: curbside by the Township of Middle.
(5) 
Antifreeze: curbside by the Township of Middle.
(6) 
Lead acid batteries: curbside by the Township of Middle.
(7) 
Used motor oil: curbside by the Township of Middle.
(8) 
Kerosene/No. 2 heating oil: by individual generator.
(9) 
Used oil filters: by individual generator.
(10) 
Asphalt and concrete: by individual generator.
(11) 
Auto and truck bodies: by individual generator.
(12) 
Contaminated soil: by individual generator.
(13) 
Commercial cooking greaser by individual generator.
(14) 
Consumer rechargeable NiCad and small sealed lead acid batteries: by individual generator.
A. 
Residential dwelling compliance requirements. The owner of each property shall be responsible for compliance with this article. For multifamily units, including but not limited to condominium complexes and seasonal hotel/motels and guesthouses, the management or owner is responsible for setting up and maintaining the recycling system, including collection of designated recyclable materials, except for those designated recyclable materials for which municipal collection service is provided to multifamily units. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The owner or management shall issue notification and collection rules regarding recycling requirements to all new tenants when they arrive and with a reminder a minimum of every six months during their occupancy.
B. 
Commercial establishment compliance requirements.
(1) 
All commercial, business or industrial facilities shall be required to comply with the provisions of this article.
(2) 
The arrangement for collection of all categories of designated recyclable materials hereunder shall be the responsibility of the commercial, institutional or industrial property owner or its designee, except for those specific designated recyclable materials that are collected by the municipality from that property. All commercial, institutional or industrial properties at which litter is generated by employees or the public shall provide litter and recycling receptacles. These properties shall provide for separate recycling collection services for the contents of the recycling receptacles.
(3) 
Every business, institution or industrial facility shall report on a quarterly basis to the Municipal Recycling Coordinator, on such forms as may be prescribed, regarding recycling activities at its premises, including the amount and type of recycled material not placed curbside for municipal collection. If material is removed from the premises by a hauler, recycler or paper shredder, the quantity and final disposition of the material is to be reported on the form.
(4) 
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle commercial cooking 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.
C. 
New developments of multifamily residential units or commercial, institutional or industrial properties.
(1) 
Any application to the Planning Board of the Township of Middle, for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of three or more units or any commercial, institutional or industrial development of 1,000 square feet or more, must include a recycling plan. This plan shall contain, at a minimum, the following:
(a) 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
(b) 
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.
(2) 
Prior to the issuance of a certificate of occupancy by the Township of Middle, 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 designated recyclable materials for those locations or properties 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 container of solid waste contains designated recyclable materials.
B. 
It shall be the responsibility of the owner or occupant to properly segregate the uncollected waste for proper disposal and/or recycling. Allowing such unseparated solid waste and recyclables to accumulate at the curbside beyond 7:00 p.m. on the day of collection will be considered a violation of this article and the local sanitary code.
C. 
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than any personnel authorized by the municipality or the owner or occupant responsible for placement of the designated recyclable materials for collection, shall tamper with, collect, remove, or otherwise handle designated recyclable materials. Upon placement of such designated recyclable material, it shall become property of the municipality. It shall be a violation of this article for any person not duly authorized to collect or pick up or cause to be collected or picked up any recyclable materials that are the property of the municipality as provided for above.
A. 
For all activities that require municipal approval such as construction, demolition or public event permits, a designated recyclable materials plan shall be filed along with all other required permit conditions. The plan shall include provisions for the recovery of all designated recyclable materials generated during construction, renovation and demolition activities, as well as public events.
B. 
Compliance with diversion requirement. The Municipal Recycling Coordinator shall review the information submitted pursuant to this section of this article and determine, prior to the issuance of the municipal approval or permit, whether the plan submitted by the owner of the entity carrying out the covered activity will comply or fail to comply with the recycling requirements set forth herein. The determination regarding compliance will be provided to the Municipal Public Works Director/Supervisor and the owner of the entity carrying out the covered project in writing. When such plan is deemed not compliant, the Municipal Recycling Coordinator shall include specific conditions to be implemented by the permit holder to achieve compliance. It shall be a violation of this article for any owner or permit holder to fail to comply with the recycling requirements set forth herein.
A. 
The Municipal Recycling Coordinator and/or his designee shall be specified via resolution by the governing body, as designated from time to time, if necessary. Said employee and/or employees are individually and severally empowered to enforce the provisions of this article. The enforcers of this article may conduct inspections at the site of the generator, which consists of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any designated recyclable material.
B. 
Additionally, the Cape May County Health Department (CMCHD) shall be empowered to enforce the provisions of this article. The municipality shall retain primary enforcement responsibility with the CMCHD serving in a secondary enforcement role which includes inspection of commercial establishments with proof of violations prior to law enforcement actions.
The governing body is hereby authorized to promulgate, from time to time, additional rules and regulations relating to the source separation, preparation, placement and collection of recyclable materials pursuant to the provisions of this program and this article; provided, however, that such rules and regulations shall not be inconsistent with terms and provisions of this article and shall be approved by the governing body. Such rules and regulations shall be duly promulgated subsequent to publication so that the public has had notice thereof.
Any person or entity violating, or failing to comply with, any of the provisions provided in this article shall, upon conviction thereof, be punishable by a fine of not less than $50 and not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Municipal Judge. The continuation of any violation for each successive day shall constitute a separate offense, and the person, persons, or entity allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. Any violation may be afforded at least one warning at the discretion of the enforcement designees before the issuance of any fines.