Township of Lebanon, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lebanon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 252.
[Adopted 5-3-2010 by Ord. No. 2010-07[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 317, Solid Waste; Recycling, consisting of Art. I, Recycling, adopted by Ord. No. 6-1988 (Ch. XXII of the 1985 Revised General Ordinances), as amended.
A. 
Recycling of certain materials has become an important public concern by reason of the growing problem of solid waste disposal and its impact on our environment. Removal of certain designated materials from the municipal solid waste stream and the recycling of those materials will aid in the reduction of potential air and ground pollution.
B. 
The establishment and implementation of a source-separated recycling program for certain designated materials will enable the municipality to operate in concert with the New Jersey Statewide Mandatory Source Separation and Recycling Act, N.J.S.A. 13:1E-99.11 et seq., and for the foregoing reasons, the requirements and programs established hereunder will foster and promote the general public interest.
As used in this article, the following terms shall have the meanings indicated:
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Lebanon Township Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials include:
A. 
(1) 
Corrugated: containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
(2) 
Mixed office and computer paper: any and all types of "office-type" paper, including, but not limited to, computer paper, high-grade white paper, typing paper, copier paper, onion-skin, tissue paper, notepad, envelopes, manila folders and colored paper or any mix thereof.
(3) 
Newspaper: all paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association grades Nos. 6, 7 and 8 news).
(4) 
Other paper/magazines/junk mail: all paper which is not defined as corrugated, mixed office paper, computer paper or newspaper.
(5) 
Glass containers: all glass containers used for packaging food or beverages.
(6) 
Aluminum cans: food and beverage containers made entirely of aluminum.
(7) 
Steel cans: rigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages and a variety of other household and consumer products.
(8) 
Plastic containers: containers including polyethylene terephthalate (PETE #1) soda bottles, high-density polyethylene (HDPE #2) and milk, water or detergent.
B. 
(1) 
White goods and light iron: all appliances such as washers, dryers, refrigerators, etc., as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled and/or reconditioned steel drums and other nonstructural ferrous scrap.
(2) 
Antifreeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
(3) 
Batteries, lead-acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
(4) 
Used motor oil: petroleum-based or synthetic oil, which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
(5) 
Tires: rubber-based scrap automotive, truck or specialty (e.g., forklift) tires. The tires must be recycled at a facility approved by the New Jersey State Department of Environmental Protection.
C. 
(1) 
Antifreeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
(2) 
Batteries, lead acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries. (See Subsection C(4) below.)
(3) 
Used motor oil: petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
(4) 
Batteries, household: any type of button, coin, cylindrical rectangular or other shaped enclosed device or sealed container which was utilized as an energy source for commercial, industrial, medical, institutional or household use. This does not include lead-acid batteries from vehicles.
(5) 
Mercury-containing devices: fluorescent and compact florescent tubes (CFTs), high-intensity discharge (HIS) and neon lamps, electrical switches, thermostats and any batteries containing mercury.
(6) 
Petroleum-contaminated soil: nonhazardous soils containing petroleum hydrocarbons resulting from spills, leaks or leaking underground storage tanks used for gasoline or any other commercial fuel and which are recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1 et seq. NOTE: This material can be recycled at "Class B" facilities (for example, authorized asphalt manufacturers).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this article, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township of Lebanon.
RESIDENTIAL COMPLEX
Any building or structure, or complex of buildings, in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A 13:1E-99.13a), and includes hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).[1]
RESIDENTIAL PROPERTY
Any building or structure, or complex of buildings, in which fewer than three dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A 13:1E-99.13a).
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.
[1]
Editor's Note: See N.J.S.A. 55:13A-3(j).
A. 
In order to carry out the requirements of the New Jersey Mandatory Source Separation and Recycling Act (the "Act") and the Lebanon Township Recycling Plan (the "Plan"), the position of Municipal Recycling Coordinator is hereby established, who shall be responsible for compliance with said Act, Plan and applicable Township regulations.
B. 
The Municipal Recycling Coordinator shall be annually appointed by the Township Committee and shall serve a term of one year. The Mayor shall annually affirm, in writing, the name of the person holding the position of Municipal Recycling Coordinator. The person holding said position shall be appointed to said position by resolution of the Township Committee, which shall establish his/her hours of work, compensation and other terms and conditions of employment.
[Amended 10-20-2010 by Ord. No. 2010-15]
C. 
The Recycling Coordinator shall, from time to time, advise and make recommendations to the Township Committee or designee as to how the requirements set forth in this article may be effectuated. In addition, the Recycling Coordinator shall report to the Township Committee at least semiannually on the status of the municipal recycling program, including, but not limited to:
[Amended 10-20-2010 by Ord. No. 2010-15]
(1) 
Tonnages that have been recycled by the municipal program since the last report;
(2) 
Any additional materials that can reasonably be considered to be recycled as part of the municipal program;
(3) 
The impact that the municipal recycling program has had upon the amount of solid waste generated within the municipality;
(4) 
A report on financial or technical assistance that is available to the municipal recycling program; and
(5) 
A recommendation for revisions of the rules and regulations of the municipal recycling program.
D. 
The Municipal Recycling Coordinator shall attend all municipal recycling coordinator meetings that the Township Committee deems to be important. This includes meetings that may be conducted by the state, the county or other appropriate organizations.
E. 
The Municipal Recycling Coordinator shall promote the municipal recycling program by educating citizens, businesses, institutions and organizations of the need to participate in the municipal recycling program and shall explain to citizens, businesses, institutions and organizations the provisions of the mandatory recycling ordinance and assist in the enforcement thereof.
A. 
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 Township of Lebanon, 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 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 Township of Lebanon.
B. 
Unless the Township provides for the collection of designated recyclable materials, every owner and/or occupant of residential or nonresidential premises must contract with a private contractor for the removal and disposition of designated recyclable materials as set forth in this article. Residential recycling contracts must comply with the provisions of this article and must further provide for not less than monthly pickup.
C. 
If services for the collection of designated recyclable materials are not provided by the Township or a private contractor pursuant to Subsections A and B of this section, designated recyclable materials must be delivered to a municipal, county or state facility that accepts mandatory recyclable material as set forth in this article, to the extent permitted by the owner or operator of such facility.
A. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this article. For multifamily units, the management or owner of the building(s) is responsible for setting up and maintaining a recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the Township. Violations and penalty notices will be directed to the occupant. In instances where the violator is not easily identifiable, violations and penalty notices will be directed to the owner/management. The owner/management shall issue notification and collection rules to occupants when they arrive and at least twice annually during their occupancy.
B. 
Any occupant(s) and/or owner(s) of any residential property who fails to abide by the rules and regulations of this article may be fined not less than $50 nor more than $250 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the Recycling Coordinator or other enforcement officer shall issue one warning to any occupant which is in violation of this article, which warning shall include education information regarding proper procedures for recycling.
A. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this article. Unless the Township provides for the collection of designated recyclable materials, the owner of each residential complex is responsible for providing a recycling depot for the entire complex. The depot shall be equipped with owner- or contractor-supplied receptacles for each category of designated recyclable material.
B. 
Any occupant within a residential complex who fails to comply with the requirements of this article may be fined not less than $50 nor more than $250 for each month of noncompliance.
C. 
The owner/management shall issue notification and collection rules to new tenants when they arrive and at least twice annually during their occupancy.
D. 
Unless the Township provides for the collection of designated recyclable materials, the owner of each residential complex shall report to the Municipal Recycling Coordinator, by February 15 of each year, the recycling activity of the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
E. 
Any owner (or his/her agent) who fails to abide by the rules and regulations of this article may be fined up to $250 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to the owner which is in violation of this section. The warning shall include educational information regarding proper procedures for recycling, including instruction as to how the owner can reasonably provide adequate recycling facilities to ensure compliance with this article.
A. 
Commercial, industrial and institutional establishments are defined as all entities which operate or conduct any business whatsoever which cannot be included within the definitions of a residential dwelling or complex.
B. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
C. 
Unless the property owner or the Township provides for the collection of designated recyclable materials, arrangement for collection of designated recyclables shall be the responsibility of the commercial, institutional or industrial occupant. All commercial, institutional or industrial property owners which provide outdoor 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.
D. 
Unless the property owner or the Township provides for the collection of designated recyclable materials, every occupant of a commercial, industrial or institutional facility or their designee (including solid waste and recycling transporters) shall cooperate in communicating recycling activity. Such communication shall include reporting to the Municipal Recycling Coordinator, by February 15 of each year, the occupant's recycling activity of the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
E. 
If the property owner provides recycling collection services for the occupants of the property, the owner or its designee (including solid waste and recycling transporters) shall cooperate in communicating recycling activity. Such communication shall include reporting to the Municipal Recycling Coordinator, by February 15 of each year, the recycling activity on the property in the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
F. 
All food service establishments, as defined in the Township 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.
G. 
A commercial, industrial or institutional occupant or owner that fails to abide by the rules and regulations of this article may be fined not less than $50 nor more than $1,000 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
A. 
Any application to the Planning Board of the Township of Lebanon 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 amount of solid waste and recyclables generated at the proposed development; and
(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.
B. 
Prior to the issuance of a certificate of occupancy by the Township of Lebanon, 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.
C. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Township Engineer.
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 solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code.
C. 
Once placed in the location for collection, no person, other than those authorized in writing by the Township, shall tamper with, collect, remove or otherwise handle solid waste or designated recyclable materials.
D. 
A solid waste collector that fails to abide by the rules and regulations of this section may be fined not less than $50 nor more than $1,000. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
A. 
A minimum of once a year or when necessary to reflect program or regulatory modifications, solid waste transporters shall notify all customers:
(1) 
What materials are designated to be source-separated from solid waste and must be recycled in Lebanon Township and that these items are prohibited in solid waste.
(2) 
That discovery of designated recyclable items in solid waste may result in the waste not being collected and that the generator is subject to a monetary fine.
(3) 
Solid waste transporters are prohibited by law to collect solid waste containing mandated recyclable materials.
(4) 
That documentation of proof of solid waste and recycling collection service must be maintained and that this documentation must be made available to the property owner, municipality or county upon request.
B. 
No later than February 15 of each year, all solid waste companies shall provide a detailed report of all recycling activities to all commercial and institutional solid waste customers. The report shall include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
C. 
No later than February 15 of each year, all solid waste transporters shall provide the Township of Lebanon and the county with a summarization of recycling activity in that municipality, including totals of all residential, commercial and institutional recycling. The report shall include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The County must also be copied on this information.
D. 
Failure of the solid waste transporter to comply with the provisions of the Solid Waste Management Plan and pertinent Township recycling ordinances shall constitute a violation and subject the solid waste transporters to those penalties as prescribed in this recycling ordinance and/or state recycling regulations.
Unless the solid waste and recycling collection services have otherwise been provided for by the Township, pursuant to N.J.S.A. 40:66-5.1, all residential, commercial, industrial and institutional generators of solid waste must, upon request by the Township of Lebanon, supply proof that solid waste and recycling collection services have been contracted by the generator. The information requested for proof of service may include provision of weight receipts or billing statements. The procedure by which the Township of Lebanon may request receipts or other documentation must be detailed in a process approved by the Township Committee.
A. 
The Municipal Recycling Coordinator, or other person(s) so designated by the Township Committee, is hereby individually and severally empowered to enforce the provisions of this article. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
B. 
Each day for which a violation of this article occurs shall be considered a separate offense.
C. 
Fines levied and collected pursuant to the provisions of this article shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used solely for the expenses of the municipal recycling program.