[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:
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.
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.
[Ord. No. 53-2014]
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.
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.
All materials designated by the municipality to be source
separated from the solid waste stream for the purpose of recycling.
The Director of Public Works or any person he/she so designates.
[Ord. No. 53-2014]
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.
Includes newspapers, books, junk mail, magazines, periodicals,
scrap paper and corrugated boxes.
[Ord. No. 53-2014]
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.
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.
Includes all grass clippings, leaves, twigs, garden refuse
and shrub trimmings.
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.
[Ord. No. 53-2014]
A.
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.
B.
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:
A.
Commingled recyclables shall be placed in a reusable metal or plastic
container, supplied by the owner or occupant for pick-up by the Township.
[Ord. No. 53-2014]
B.
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.
C.
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.
[Ord. No. 53-2014]
D.
White goods. Persons shall call the Department of Public Works for
a scheduled pick-up of all white goods.
[Ord. No. 53-2014]
E.
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.
F.
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.
G.
Automotive batteries are the responsibility of each party. Disposal
may be arranged through the county or certain auto supply dealers.
[Ord. No. 53-2014]
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.
[Ord. No. 53-2014]
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.
A.
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.
B.
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.
A.
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.
B.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
