Township of Monroe, NJ Chapter 239 Refuse Collection, Recycling and Source Separation

[HISTORY: Adopted by the Board of Health of the Township of Monroe 9-24-1969 by Ord. No. O-14-1969 (appeared as Ch. 37 of the 1967 Code); amended in its entirety by the Township Council of the Township of Monroe 4-28-2009 by Ord. No. O:16-2009. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Cleanup and removal of hazardous substances — See Ch. 151, Art. I.

Littering — See Ch. 193.

Open burning — See Ch. 220.

Disposal of trash in parks — See Ch. 226.

Disposal of potentially dangerous substances — See Ch. 234.

Garbage and refuse — See Ch. 285.

Nuisances — See Ch. 295.

§ 239-1 Definitions.

A. Terms defined. As used in this chapter, the following terms shall have the meanings indicated:

AUTOMATED COLLECTION CART

The Township of Monroe will supply one ninety-five-gallon molded trash container and one sixty-five-gallon molded recycling container to each household for the sole purpose of household waste and recyclable removal. These containers are the property of the Township of Monroe and shall remain with that household for the life of the container. Special circumstances will require either one sixty-five-gallon or one thirty-five-gallon trash container in place of a ninety-five-gallon trash container; special circumstances will require one ninety-five-gallon recyclable container in place of a sixty-five-gallon recyclable container.

AUTOMATED TRASH/RECYCLABLE COLLECTION

The process by which household waste and recyclables are collected using a specifically designed collection cart that is picked up automatically by a specific piece of equipment.

BULK WASTE

Items not defined as household waste, including furniture, carpet, attic/basement cleanout debris, items consisting of nonrecyclable furniture and other bulk items too large to fit into a trash bag or container.

COMMERCIAL/BUSINESS-GENERATED WASTE

Any debris, garbage or trash not created by household consumption or use or any other debris, garbage or trash, such as building materials and other discarded items not normally accumulated through household consumption, even if debris or trash was generated by a household. Commercial trash shall include all commercial retail, wholesale, institutional, markets and manufacturing facilities, including but not limited to restaurants, taverns, churches, offices, shops, professional offices, day-care schools, private schools and facilities and strip stores.

COMMINGLE

A combining of nonputrescible source-separated recyclable materials for the purpose of recycling glass, aluminum, steel and plastic containers.

CONSTRUCTION DEBRIS

Debris that is generated by a contractor or by an occupant; solid waste Type 13C (consisting of nonrecycled construction and demolition materials: doors, windows, wallboard, paneling, etc.). This debris will not be collected by the Sanitation Department and will require a dumpster on site during all phases of construction or demolition. The Construction Code Official will advise the individual of the need for a dumpster at the time of permit application.

CONTRACTOR

A person or business which provides goods or services to another person and/or entity under terms specified or implied in an agreement. Such services shall include, but not be limited to, landscapers, construction/remodeling services, flooring companies, etc.

[Added 5-25-2010 by Ord. No. O:09-2010]

DESIGNATED RECYCLABLE MATERIALS

Those materials designated within the Gloucester County District Solid Waste Management Plan to be source-separated by all residents, businesses and institutional facilities for the purpose of recycling. These materials shall include:

(1) NEWSPAPER All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper.

(2) MIXED OFFICE PAPER Any and all types of office-type paper, including but not limited to computer paper, high-grade white paper, typing paper, copier paper, tissue paper, notepads, envelopes, manila folders and colored paper, or any mix thereof.

(3) OTHER PAPER/MAGAZINES/JUNK MAIL All paper which is not defined as corrugated, mixed office paper, computer paper or newspaper, i.e., magazine stock, telephone directories, wrapping paper, chipboard books and grocery bags.

(4) CORRUGATED CARDBOARD Containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.

(5) GLASS BOTTLES AND JARS All containers used for packaging food or beverages.

(6) ALUMINUM CANS Food and beverage containers made entirely of aluminum.

(7) BI-METAL CANS (STEEL CANS) Rigid containers made exclusively or primarily of steel or tin-plated steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products, including motor oil filters.

(8) PLASTIC CONTAINERS (PET No. 1 and HDPE No. 2) Containers such as polyethylene terephthalate (soda bottles) and high-density polyethylene (milk, water and detergent bottles).

ELECTRONIC WASTE

A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat-panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television; and cell phones.

HOUSEHOLD TRASH

Any debris, garbage or trash commonly accumulated through household consumption or usage. This will include Type 10 solid waste and nonrecyclable garbage, food, plastics, etc.

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 chapter 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 the Township of Monroe.

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.

SINGLE-STREAM RECYCLABLE MATERIAL

Corrugated cardboard, office paper, newspaper, junk mail/other paper, glass, aluminum, steel and plastic containers, all mixed in one container for collection.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Recyclable materials which are separated from solid waste at the point of generation by the generator thereof, for the purposes of recycling.

SOURCE SEPARATION

The process by which recyclable materials are separated from solid waste at the point of generation by the generator thereof, for the purposes of recycling.

TIRES

A covering for a wheel, usually made of rubber reinforced with cords of nylon, fiberglass or other material. Rubber-based scrap automotive, truck or specialty (e.g. forklift). This material must be recycled at a registered, exempted or pending Class B recycling facility.

[Added 7-24-2012 by Ord. No. O:18-2012]

B. As per the Gloucester County District Solid Waste Management Plan, all businesses and institutional facilities shall be required to recycle the following materials in addition to above:

(1) USED MOTOR OIL – A 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.

(2) CLEAN WOOD WASTE (brush/tree parts, stumps, wood scraps) – Branches and woodchips generated from residential and institutional sources, unfinished wood from commercial land-clearing activities, unfinished lumber and wooden pallets. This material must be recycled at a registered, exempted or pending Class B recycling facility.

§ 239-2 Source separation; exemption from source separation requirements.

A. 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 municipality of the Township of Monroe 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 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 Department of Public Works with the Township of Monroe.

B. Exemptions. Pursuant to N.J.S.A.13:1E-99.16(d), the governing body of the Township of Monroe may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source-separation requirements of this chapter which require persons generating municipal solid waste within its municipal boundaries to source-separate from the municipal solid waste stream the specified recyclable materials, if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this chapter, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator, on forms to be provided for this purpose. The form shall include, at a minimum, the following information:

(1) The name of the commercial or institutional entity;

(2) The street address/location and lot and block designation;

(3) The name, official title and phone number of the person making application on behalf of the commercial or institutional entity;

(4) The name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.

§ 239-3 Collection of refuse and recyclable materials.

[Amended 3-23-2009 by Ord. No. O:03-2010]

The collection of refuse and recyclable material shall be placed in the front of your property in the manner prescribed as follows:

A. All refuse and recyclable containers, brown paper bags and corrugated cardboard boxes containing recyclable materials shall be placed in the designated recycling container or neatly 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. All receptacles/containers shall have a minimum of four feet of clearance surrounding the receptacles/container. 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 any time after 6:00 p.m. of the day immediately preceding the day of collection, but no later than 6:30 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 8:00 p.m. of the day of collection. The receptacles/containers shall be stored at the rear of the house and/or building so that it may not be seen from the street. In the event a property is leased by a tenant or tenants, the landlord shall be responsible to provide a location for the storage of the receptacle/container consistent with this section herein.

[Amended 6-22-2015 by Ord. No. O:24-2015]

B. All receptacles or dumpsters shall be maintained in a clean and safe manner and in accordance with the Health Code of the Township of Monroe. It shall be the responsibility of the property owner to maintain receptacles and dumpsters.

C. Leaves shall be raked to the curbline between May 1 and May 31 and November 1 and December 31 of each year for curbside collection or at the discretion of the Director of Public Works. Leaves shall be source separated from all residential household waste. Leaves shall be placed in separate containers or plastic bags during all months other than designated curbside collection dates.

[Amended 2-23-2015 by Ord. No. O:05-2015]

D. Limbs, branches and small trees/bushes/shrubs shall be no longer than four feet, tied in bundles not to exceed 40 pounds in weight, and placed neatly at the curbline for collection. There shall be no collection of limbs or branches larger than three inches in diameter, logs, tree trunks or stumps.

[Amended 7-24-2012 by Ord. No. O:18-2012]

E. Appliances and large metal items, such as washers, dryers, refrigerators, water heaters and the like, shall be placed curbside after the homeowner/occupant has scheduled a specific date for collection by the Monroe Township Department of Public Works.

§ 239-4 Residential dwelling compliance.

The owner of any property shall be responsible for compliance with this chapter. 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 appropriate municipal office. Violation 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.

§ 239-5 Nonresidential establishment compliance.

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

B. The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or his/her designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties 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.

C. 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 their premises, including the amount of recycled material, by material type, collected and recycled, and the vendor or vendors providing recycling service.

D. 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.

E. There shall be no collection by the Township of Monroe of commercial trash as is defined by this chapter.

§ 239-6 New developments of residential units or commercial, institutional, or industrial properties.

Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:

A. Any application to the Planning Board of the municipality of the Township of Monroe, 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 and convenient location and shall 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 municipality of the Township of Monroe, 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 Municipal Engineer.

§ 239-7 Collection of solid waste mixed with recyclable materials prohibited.

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 chapter and the local sanitary code.

C. Once placed in the location identified by this chapter, or any rules or regulations promulgated pursuant to this chapter, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials; the recyclable materials shall become the property of the Township of Monroe or its authorized agent.

§ 239-8 Collection of bulky waste.

[Amended 5-25-2010 by Ord. No. O:09-2010; 1-25-2011 by Ord. No. O:02-2011]

A. The collection and removal of bulky waste by the municipal sanitation department shall be within the discretion of the Director of Public Works and his/her designee. Bulky waste and the collection thereof shall fall under his/her discretion and shall include the following:

(1) Items that are normally generated through normal household consumption, such as furniture, yard debris, etc.

(2) In the event of a home, rented or commercial cleanout, the owner of said property will be required to obtain a dumpster through a private contractor or deliver all bulky waste to an authorized collection facility to dispose of.

(3) There shall be no collection of contractor-generated debris by the Township of Monroe. All contractors shall remove said debris.

B. If in the discretion of the Director of Public Works and his/her designee determine that bulky waste is not to be collected pursuant to this chapter, the Director, upon due notice to the homeowner, tenant or property owner, shall upon notice have the right to have the municipality remove said debris and assess a municipal lien against the property for the costs of said removal. Due notice shall consist of 48 hours prior notice and shall consist of posting in a conspicuous place a copy of this chapter and the municipality's intent to lien said property for the cost of said removal.

C. There shall be no curbside collection of electronic waste as defined by this chapter.

[Added 7-24-2012 by Ord. No. O:18-2012]

D. There shall be no collection of tires as defined by this chapter. All tires shall be disposed of at a Class B recycling facility.

[Added 7-24-2012 by Ord. No. O:18-2012]

§ 239-9 Automated trash/recyclable collection.

A. The Township of Monroe shall follow a program of automated trash collection as defined in this chapter. The Superintendent of Public Works, Supervisor of Sanitation and Supervisor of Recycling shall designate specific routes within the Township for the collection of household waste and recyclables.

B. All residents will receive one ninety-five-gallon garbage receptacle and one sixty-five-gallon recyclable receptacle, unless approved for a second garbage/recyclable container or a ninety-five-gallon recyclable container. These receptacles shall be used for the designated waste as described upon delivery.

C. All homeowners/occupants shall bag all household waste, as described in this chapter, before placing in the automated garbage collection container. No unbagged solid waste will be accepted.

D. All homeowners/occupants shall place all single-stream recyclable material, as described in this chapter, in the automated recyclable collection container. Recyclables shall not be placed in plastic bags; paper bags may be used to secure all paper recyclables.

§ 239-10 Additional automated collection containers.

Any owner/occupant requesting an additional automated collection cart must notify the Department of Public Works of his or her request. The owner/occupant will be required to place all excess waste/recyclables, in addition to his or her automated collection cart, curbside for inspection.

A. Inspection will be conducted by the Sanitation Department Supervisor for the separation of all recyclable material when the request is made for a second automated garbage container. After such inspection takes place and the owner/occupant's household waste is determined to be free of recyclable materials, he or she will be given the option to purchase an additional automated collection cart for a one-time fee, which will be the current cost to the Township of Monroe.

B. Inspection will be conducted by the Recycling Department Supervisor when an excess of recyclable material is generated and the request is made for a second automated recyclable container. After such inspection takes place and the owner/occupant's recyclables are determined to exceed the capacity of the recyclable container, he or she will be given the option to purchase an additional automated recycling cart for a one-time fee, which will be the current cost to the Township of Monroe.

§ 239-11 Enforcement.

[Amended 7-24-2012 by Ord. No. O:18-2012]

The Code Enforcement Official, the Department of Health, the Superintendent of Public Works or his/her designee, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, and the Gloucester County Department of Health are hereby individually and severally empowered to enforce the provisions of this chapter. 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.

§ 239-12 Violations and penalties.

A. Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250 nor more than $1,000. Each day on which a violation of this chapter occurs shall be considered a separate offense.

B. Fines levied and collected pursuant to the provisions of this chapter shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program, including vehicles, equipment and supplies, residential notification materials, etc.

§ 239-13 Severability; when effective.

A. In the event that it is determined, by a court of competent jurisdiction, that any provision or section of this chapter is unconstitutional, all other sections and provisions shall remain in effect.

B. This chapter shall take effect immediately, unless otherwise provided by resolution of the governing body.