[HISTORY: 1988 Code §§ 141-1—141-10 adopted as amended through December 31, 2013. Amendments noted where applicable.]
There is hereby established a program for mandatory source separation and collection of recyclable materials, specifically newspapers, magazines, paper, glass, aluminum, tires, plastics and vegetative waste, from the residences of the Township of Wayne at the curb or curbline for recycling purposes.
As used in this chapter, the following terms shall have the meanings indicated:
- ALUMINUM CAN
- Includes all disposal containers fabricated solely of aluminum and commonly used for soda, beer or other beverages, which usually have a capacity of between 7 and 16 ounces.
- COMMINGLED RECYCLING
- Includes glass, bottles and jars, food, beverage and pet
cans, all plastic bottles, plastic containers, polystyrene containers
and packaging peanuts, shrink wrap, solid plastic outdoor furniture
and plastic toys.[New]
- COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS
- All public or private business establishments, including but not limited to manufacturing, processing, retailing and/or service establishments of whatever kind or nature, food establishments in business for the purpose of consumption (on- or off-premises), as well as food distribution and/or processing; and professional and/or nonprofit or business entities.
- CONSTRUCTION AND DEMOLITION DEBRIS
- Recyclable components resulting from the construction and/or demolition of a building, structure or land surface. These recyclable components include asphalt, asphalt-based roofing, blocks, bricks, cement, concrete, corrugated boxes, window glass, scrap metals, contaminated and uncontaminated soil, tree stumps, logs, branches and any other recyclable components.
- DESIGNATED RECYCLABLE MATERIALS
- All materials designated by the municipality to be source separated from the solid waste stream for the purpose of recycling.
- ENFORCEMENT AGENT
- The Director of Public Works or any person he/she so designates.[New]
- FOOD WASTE
- Includes waste from edible material resulting from the handling, preparation, processing, cooking or consumption of food.
- Includes all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging of various matter, and any and all other materials commonly known as "glass," excluding, however, blue and flat glass commonly known as "window glass."
- Includes nursing homes, health-care facilities, hospitals, schools, churches and any other nonprofit organizations.
- MIXED PAPER
- Includes newspapers, books, junk mail, magazines, periodicals,
scrap paper and corrugated boxes.[New]
- Includes all used motor vehicle oil.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- Includes all products made from HDPE, PET or PVC, commonly used for but not limited to such products as soda bottles, milk and water containers, health and beauty products, antifreeze containers, laundry detergent containers, single-service utensils, excluding expanded Styrofoam.
- Includes the process by which designated materials, which would otherwise become solid waste, are separated, collected, processed and returned to the economic mainstream in the form of raw materials or products.
- SOLID WASTE
- Includes all garbage and rubbish normally collected by curbside pickups from residents of the Township of Wayne by regular collection.
- Includes all residential and commercial automobile tires.
- VEGETATIVE WASTE
- Includes all grass clippings, leaves, twigs, garden refuse and shrub trimmings.
- WHITE GOODS
- Includes all discarded products made of steel, iron, tin
and other like household materials, excluding food and/or beverage
packaging. This includes household appliances like refrigerators,
washers, dryers, stoves, dehumidifiers and similar metal appliances.[New]
It shall be mandatory for all persons who are owners, lessees and occupants of residential premises within the Township of Wayne to separate commingled recyclables, mixed paper and vegetative waste from all other solid waste produced in such premises. Said materials are separated for recycling purposes and shall not be considered "solid waste" as defined herein. Townhouses, condominiums and apartment complexes are not exempt from the mandatory recycling act but must provide recycling bins within each complex for the designated recyclable materials, and, on the designated days, the Township will provide collection service for these materials.
It shall be mandatory for all persons to recycle all construction and/or demolition debris. As a condition precedent to the issuance of a building permit, the person taking out the permit for which an application for a building permit is made shall provide written documentation of a proposal to comply with the regulations set forth herein.
Said recyclable materials shall be separated and prepared for pickup in the following manner:
Commingled recyclables shall be placed in a reusable metal or plastic container, supplied by the owner or occupant for pick-up by the Township.
Mixed paper shall be securely tied in bundles with twine, rope, cord or brown bagged to facilitate handling and ensure that it will not be windblown or distributed onto public thoroughfares. Bundles should not exceed a weight of 30 pounds each or a height of more than 12 inches each.
Vegetative waste shall be placed in double-ply paper bags, securely tied or fastened at the top or in reusable metal or plastic containers with a maximum capacity of 32 gallons and a secure fitting top. The use of plastic bags in the recycling of vegetative waste is prohibited. Vegetative waste shall be placed at the curbline by 7:00 a.m. on the designated collection days between April 1 and December 31, unless the vegetative waste is composted or mulched by the owner or occupant. It shall be unlawful to place loose vegetative wastes in or on the curb or street.
White goods. Persons shall call the Department of Public Works for a scheduled pick-up of all white goods.
Oil, in accordance with New Jersey State regulation N.J.A.C. 14A:3-11, shall be taken to any licensed private inspection center, oil retailer or retail service station with used-oil collection tank(s) on the premises, up to 5 gallons of used oil per day from any person.
Tires shall be placed at the curb for collection only after arrangements have been made with the Department of Public Works. Rims do not need to be removed from the tires.
Automotive batteries are the responsibility of each party. Disposal may be arranged through the county or certain auto supply dealers.
At the option and expense of persons required to separate said recyclable materials from other solid waste, recyclable materials may be disposed of by any other lawful means, including but not limited to contributions of this material to charitable recycling drives; provided, however, that in no event shall the same be disposed of as part of solid waste.
It shall be unlawful for any person, firm or corporation to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight snap-lock, or other device thereon without first removing the said snap-lock or doors from said icebox, refrigerator or container. When set at the curb for white goods pickup refrigerators must have doors removed.
From the time of placement at the curb or curbline by any resident of aforementioned recyclable materials for collection by the Township of Wayne in accordance with the terms hereof, such recyclable materials shall be and become the property of the Township of Wayne or its authorizing agent. It shall be unlawful for any person, firm or corporation, other than the Township of Wayne or any of its agents, servants, employees or duly authorized contractors, or other than any scavenger who has entered into an agreement with the owner or lessee of any real property for the collection of solid waste, to tamper with or to take or to remove, or to convert to its own use in any way, manner or form, any of the contents from any public or private receptacle containing any of the designated recyclable materials during the 24-hour period commencing at 6:00 p.m. on any day preceding a day designated for collection on any public highway, street, lane, driveway or alleyway, for collection by the Township of Wayne or its agents, servants or employees or duly authorized contractors, or for collection by any scavenger who has entered into an agreement with the owner or lessee of the real property for the collection of solid waste. Any person who violates this chapter shall be subject to the penalties hereinafter set forth.
The enforcement agent or his/her designated agent shall be responsible for the inspection of solid waste and/or recyclables in all sectors in order to determine any noncompliance with this chapter. These inspections will be made on a random basis, at a frequency of at least once per month per collection route.
Any owner, lessee or occupant of any dwelling unit, public or private institution and commercial or industrial establishment actively participating in a recycling program within the Township of Wayne which is not operated by the Township of Wayne or its authorized agents shall submit, at minimum, biannual documentation in accordance with the requirements of the State of New Jersey, which verifies the tonnage of materials recycled. Such biannual documentation shall be submitted to the Recycling Coordinator no later than July 31 and December 31 of each year. This includes private haulers collecting recyclables from commercial, industrial and residential sources not covered by the Township's current solid waste contract.
Written documentation of tonnage of each material recycled in accordance with this chapter shall be submitted to the Superintendent of Recycling. Said documentation shall be certified weight receipts or on letterhead from the recycling center indicating the date material was delivered, weight of each material and the end market of each material. Documentation shall satisfy the State of New Jersey's requirements for the Township to be eligible for state tonnage grants for recycling of materials as defined in § 141-2.
Every commercial, industrial and institutional establishment is required to submit a recycling plan to coordinate designating the materials to be recycled, as well as how they intend to dispose of said recycled materials, and shall recycle, at its own expense, the following designated materials:
Under the authority of the Director of Public Works, any person, firm or corporation who violates or neglects to comply with any provision of this chapter or any regulation promulgated pursuant thereto shall, upon conviction thereof, be punishable by a fine of not less than $100, not to exceed $500 for each offense. One written warning shall be given to residents not complying with this chapter prior to any fines. Failure to separate will result with garbage being left at curbside and the responsibility of the residents to dispose of properly on next garbage pickup day.
Scavengers shall be punishable by a fine of not less than $500, not to exceed $1,000 for each offense. No prior warning shall or need be given.
Commercial and institutional establishments shall be punishable by a fine of not less than $500 not to exceed $1,000 for each offense. No prior warning shall need be given.
In accordance with N.J.S.A. 52:27F-21b, any licensed private inspection center, oil retailer or retail service station with used-oil collection tank(s) failing to accept 5 gallons or less of uncontaminated used oil shall be punishable by a fine of not less than $300 for the first offense, not to exceed $3,000 for each additional offense.
Any person, firm or corporation who violates or neglects to comply with any of the provisions or any rules or regulations in connection with recyclable components resulting from the construction and/or demolition of a building, structure or land surface shall be punishable by a fine of a minimum of $100 and a maximum of $1,000. Each and every day that a violation continues shall be considered a separate offense.