Township of Andover, NJ: Definitions.

[Adopted 8-10-2009 by Ord. No. 2009-31[1]]

Editor's Note: This ordinance also repealed former Art. I, Recycling, adopted by Ord. No. 88-3 (Ch. XIX of the 1973 Code), as amended.

§ 144-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

COMMINGLED

A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.

DESIGNATED RECYCLABLE MATERIALS

Those materials designated within the Sussex County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:

As defined by the Sussex County Solid Waste Management Plan - Residential Generators:

Class	Material	Definition
01	Aluminum cans	Food and beverage containers made entirely of aluminum
03	Computer printout/white ledger	All computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and note pad)
06	Corrugated	Containers, brown grocery bags, and similar paper items, usually used to transport supplies, equipment, parts or other merchandise
07	Glass containers	AU glass containers used for packaging food or beverages
10	Leaves and brush leaves	Brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources
11	Magazine and junk mail magazine stock	White and colored paper and envelopes, telephone directories and books
13	Mixed office paper	Items listed in computer printout/white ledger category when mixed with envelopes, manila binders and color paper; material is generated by commercial/institutional sources
14	Newspaper	All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grades Nos. 6, 7 and 8-news)
15	Plastic containers	Containers, such as polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) milk, and water or detergent bottles
17	Steel cans	Rigid containers made exclusively or primarily of steel, tin-plated steel, and composite steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products
18	Stumps, logs and tree parts	Unfinished wood from land-clearing projects, storm damage or pruning activities
19	Textiles	Textiles larger than 15 inches by 15 inches (e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belt, shoes, handbags. and small stuffed animals)
20	Tires	Rubber-based scrip automotive and truck tires
22	Used motor oil	A petroleum base or synthetic oil the use of which includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable in its original purpose due to the presence of impurities or loss of original properties

As defined by the Sussex County Solid Waste Management Plan - Nonresidential Generators, Commercial and Institutional Sectors.

Class	Material	Definition
01	Aluminum cans	Food and beverage containers made entirely of aluminum
02	Antifreeze	An automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water
03	Computer printout/white ledger	All computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and note pad)
04	Concrete, asphalt and masonry/paving material	Asphalt, concrete, brick, cinder block, "patio blocks," and other masonry and paving materials
05	Consumer batteries	Any type of button, coin, cylindrical, rectangular or other shaped, enclosed device or sealed container which is utilized as an energy source for commercial, industrial, medical, institutional, or household use (does not include lead-acid batteries from vehicles)
06	Corrugated	Containers, brown grocery bags, and similar paper items, usually used to transport supplies, equipment, parts or other merchandise
07	Glass containers	AU glass containers used for packaging food or beverages
08	Heavy iron	All structural steel or ferrous metal, cast-iron components
09	Lead-acid batteries	Batteries from automobiles, trucks, other vehicles and machinery and equipment, which shall be stored in a manner that protects them from the elements to avoid corrosion and leakage
10	Leaves and brush leaves	Brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources
11	Magazine and junk mail magazine stock	White and colored paper and envelopes, telephone directories and books
12	Mercury containing devices	Including fluorescent and compact tubes, high-intensity discharge (HID) and neon lamps, electrical switches, thermostats, thermometers and any batteries containing mercury
13	Mixed office paper	Items listed in computer printout/white ledger category when mixed with envelopes, manila binders and color paper; material is generated by commercial/institutional sources
14	Newspaper	All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grades Nos. 6, 7 and 8-news)
15	Plastic containers	Containers, such as polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) milk, and water or detergent bottles
16	Scrap autos	Crushed or shredded automobile or truck bodies, excluding auto shredder residue or "fluff"
17	Steel cans	Rigid containers made exclusively or primarily of steel, tin-plated steel, and composite steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products
18	Stumps, logs and tree parts	Unfinished wood from land clearing projects, storm damage or pruning activities
19	Textiles	Textiles larger than 15 inches by 15 inches (e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belt, shoes, handbags. and small stuffed animals)
20	Tires	Rubber-based scrip automotive and truck tires
21	Used consumer electronics	Any appliance used in a business that includes circuitry; includes components and subassemblies of the electrode products; examples include computers and peripherals, printers, copiers, VCRs, televisions, cell phones and fax machines, etc.
22	Used motor oil	A petroleum base or synthetic oil the use of which includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable in its original purpose due to the presence of impurities or loss of original properties
23	White goods and light iron	All large appliances, such as washers, dryers, refrigerators, etc., as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums, and other nonstructural ferrous scrap
24	Wood scrap	Unfinished lumber from construction or demolition projects, including pallets; unfinished shall mean nonchemically treated (not pressure treated, impregnated with preservatives, insecticides, fungicides, creosote, or other chemicals, and not painted, resin-coated or otherwise surface treated, and not laminated or bonded; and not similarly altered from its natural condition)
25	Nonferrous and aluminum scrap	All noncontainer aluminum, stainless steel, copper, zinc, brass, and other metals which generally do not rust

MULTIFAMILY DWELLING

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 shall include hotels, motels, or other guesthouses 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.);

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 municipality of Andover Township.

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.

§ 144-2 Source separation requirements.

Mandatory source separation. 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 Andover, 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, tenants, or occupants of such premises. Designated recyclable materials generated by the owners, tenants, or occupants of residential premises shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by the regulations promulgated by the Township of Andover. Designated recyclable materials generated by the owners, tenants, or occupants of nonresidential premises shall be separated from all other solid waste and placed in separate waste receptacles in a manner and on such days and times as provided by the regulations promulgated by the Township or by the contract between the generator and contracted hauling agent.

§ 144-3 Collection of recyclable materials.

The collection of recyclable material shall be in the manner prescribed as follows:

All containers (bagged recyclables not excepted) containing 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 disposed of shall be placed as noted above anytime 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.

§ 144-4 Recyclables shall become Township property.

From the time of curbside placement during scheduled recycling pickup and/or bulky waste events, if permitted, all designated materials shall be and will become the property of the Township of Andover. It shall be a violation of this article for any person unauthorized by the Township of Andover to collect or pick up or cause to be collected or picked up any such recyclables or materials. Each such collection in violation hereof from one or more properties shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 144-5 Residential dwelling compliance requirements.

The owner of any property shall be responsible for compliance with this article. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the State of New Jersey and the Sussex County Solid Waste Plan. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.

§ 144-6 Nonresidential establishment compliance requirements.

All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.

The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or its designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoors 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.

Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at its premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.

All food service establishments, as defined in the 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.

§ 144-7 New developments of multifamily residential units or commercial, institutional, or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a and 99.16c).

Any application to the Planning Board of the municipality of Andover Township, 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 amounts 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 and/or municipal engineer.

Prior to the issuance of a certificate of occupancy by the Township, 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.

Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the municipal engineer.

§ 144-8 Prohibition of collection of solid waste mixed with recyclable materials.

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.

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.

Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.

§ 144-9 Enforcement.

The Code Enforcement Official, the Recycling Coordinator or designee assigned by the Township of Andover and the Sussex County Department of Health are 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.

§ 144-10 Violations and penalties.

Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $100, nor more than $1,000, based on the penalty schedule listed below.

(1)

First violation: minimum penalty $100.

(2)

Second violation: minimum penalty $500.

(3)

Third and/or subsequent violations: minimum penalty $750.

Each day for which a violation of this article occurs shall be considered a separate offense.

Any person who is convicted of violating any provision of this article within one year of the date of a previous violation of the same ordinance, and who was fined for the previous violation, may be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine, but shall be calculated separately from the fine imposed for the violation of the article.