[HISTORY: Adopted by the Township Committee of the Township
of Mannington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-1-2009 by Ord. No. 09-04[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Recycling,
adopted 7-30-1990 by Ord. No. 90-08, as amended.
This article shall be known and may be cited as the "Mannington
Township Recycling and Solid Waste Ordinance."
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Large, heavy, or unwieldy solid waste materials which, if
listed as designated recyclable materials, cannot be commingled and
are not subject to single-stream recycling as defined herein. Bulky
materials include, but are not limited to, items such as textiles,
furniture, rugs, mattresses, televisions, clothes washers/dryers,
and dishwashers.
To combine various types of nonputrescible source-separated
designated recyclable materials for the purpose of single-stream recycling.
The following listed residential and nonresidential materials,
and any other such materials as may now or in the future be so designated
in the Salem County Solid Waste Management Plan:
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Designated Recyclable Materials:
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|---|---|---|
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Glass containers (05):
|
All glass containers used for packaging food or beverages. [NOTE:
All putrescible materials must be removed from glass container recyclables
prior to placement for collection.]
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|
Aluminum cans (06):
|
Food and beverage containers made entirely of aluminum. [NOTE:
All putrescible materials must be removed from aluminum can recyclables
prior to placement for collection.]
| |
|
Newspaper (03):
|
All paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Paper Institute grades
#6, #7 and #8 news).
| |
|
Mixed office (02):
|
All computer paper, all high-grade white paper (including letterhead,
typing paper, copier paper, onionskin, tissue, and notepad).
| |
|
Corrugated (01):
|
Containers and similar paper items, usually used to transport
supplies, equipment, parts, or other merchandise. [NOTE: All putrescible
materials must be removed from corrugated recyclables prior to placement
for collection.]
| |
|
Other paper/magazines/junk mail (04):
|
All magazine stock, white and colored paper and envelopes. [NOTE:
All putrescible materials must be removed from other paper recyclables
prior to placement for collection.]
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|
Plastic (08):
|
Containers such as polyethylene terephthalate (PETE-#1) soda
bottles, high-density polyethylene (HDPE - #2) milk, water or detergent
bottles. [NOTE: All putrescible materials must be removed from plastic
recyclables prior to placement for collection.]
| |
|
Yard trimmings (19):
|
Leaves (19), grass clippings (18), stumps (20), brush (17),
and other lawn and garden trimmings from homes, institutions, commercial
or industrial sources. [NOTE: Yard trimmings are "putrescible materials"
that are not subject to single-stream recycling requirements and not
to be commingled with other designated recyclable materials. It is
recommended that yard trimmings be mulched on the property from which
they originated.
| |
|
Steel cans (07):
|
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. [NOTE
1: Steel cans of five gallons or more are "bulky materials" that are
not subject to single-stream recycling requirements and are not to
be commingled with other designated recyclable materials. NOTE 2:
All putrescible materials must be removed from steel can recyclables
prior to placement for collection.]
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Tires (15):
|
Rubber-based scrap automotive, truck, and specialty tires (e.g.,
forklift tires). [NOTE: Tires are "bulky materials" that are not subject
to single-stream recycling requirements and not to be commingled with
other designated recyclable materials.]
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White goods and light iron (11):
|
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,
stainless steel and other nonstructural ferrous scrap. [NOTE: White
goods and light iron are "bulky materials" that are not subject to
single-stream recycling requirements and not to be commingled with
other designated recyclable materials.]
| |
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Food scraps (23):
|
Food plate waste and food processing wastes. Food processing
wastes include food processing vegetative waste (material generated
in trimming and reject sorting operations from the processing of fruits
and vegetables in canneries or similar industries, e.g., tomato skins,
pepper cores, bean snips, cranberry hulls, etc.), food processing
residuals and animal processing wastes. If the material is transported
and processed as animal feed, it may be identified as such. [NOTE:
Food scraps are "putrescible materials" that are not subject to single-stream
recycling requirements and are not to be commingled with other designated
recyclable materials.]
| |
|
Textiles (29):
|
Cloth material such as cotton, linen, wool, nylon, polyester,
etc., derived from clothing, cloth diapers, linens, etc. [NOTE: Textiles
are "bulky materials" that are not subject to single-stream recycling
requirements and not to be commingled with other designated recyclable
materials.]
| |
The person appointed by the Township Committee pursuant to
this article who shall be authorized to enforce the provisions of
this article and any rules and regulations that may be promulgated
hereunder.
The person appointed by the Township Committee pursuant to
this article who shall be authorized to enforce this article as directed
by the Municipal Recycling Coordinator.
All solid waste generated at residential or nonresidential
properties or units within the boundaries of the Township.
All types of solid waste that are not defined in this article
as "designated recyclable materials."
A parcel of land within Mannington Township that does not
meet the definition of "residential property" as set forth in this
article, including but not limited to farms and property used or occupied
by commercial, business, medical, or industrial facilities.
A structure or portion of a structure located on a nonresidential
property that is occupied or used for purposes other than as a single-family
residential dwelling.
The lessees, tenants, or other occupants of a residential
or nonresidential property or unit.
Any organic material or garbage, including but not limited
to food scraps and residue, human and animal waste, and yard trimmings
and other vegetation, that is subject to rotting or decomposition
by bacteria, fungi or oxidation, or any foul-smelling process of decay
which, if listed as designated recyclable materials, cannot be commingled
and is not subject to single-stream recycling as defined herein.
Solid waste which may be collected, separated, or processed
and returned to the economic mainstream in the form of raw materials
or products.
A parcel of land within Mannington Township that is lawfully
developed, occupied and used only as the site of a lawfully permitted
single- or two-family dwelling.
A structure or portion of a structure that is occupied as
a single-family residential dwelling or as a dwelling for farm workers,
whether located on a residential or nonresidential property.
The placement of a variety of types of nonbulky and nonputrescible
designated recyclable materials together in a common container or
containers for disposal, removal or collection rather than sorting
or separating any particular type or types of such designated recyclable
materials for collection in separately designated containers.
A person or entity who is authorized by the Township to collect
designated recyclable materials and/or nonrecyclables from properties
or units within the Township. In the case of residential properties
or units, the solid waste collector is the person(s) or entities that
are hired or otherwise appointed by the Township to collect designated
recyclable materials and recyclables from such properties or units.
All solid waste collectors are subject to the requirements of this
article regardless of whether they collect solid waste from residential
or nonresidential properties or units.
Recyclable materials that are separated at the point of generation
by the generator thereof from nonrecyclables for the purposes of recycling.
The process by which solid waste is sorted by the generator
thereof at the point of generation to separate recyclable materials
from nonrecyclables for the purpose of recycling.
A.
The Municipal Recycling Coordinator shall be appointed on an annual
basis by resolution of the Township Committee initially adopted within
30 days following the effective date of this article, and thereafter
within 30 days following each year's Township Committee reorganization.
B.
The Municipal Recycling Coordinator shall, within applicable deadlines
as required by law, achieve professional certification in compliance
with the requirements of N.J.S.A. 13:1E-99, et seq., the provisions
of the Salem County Solid Waste Management Plan, and this article.
C.
The Municipal Recycling Coordinator shall maintain and report recycling
tonnage as required by N.J.S.A. 13:1E-99.16e, which report shall contain
the same information as is required for an application for a recycling
tonnage grant as codified at N.J.A.C. 7:26-15.5. The Municipal Recycling
Coordinator shall also be responsible for all duties of that office
as set forth in this article or in any other applicable laws or regulations
or amendments to same (including any amendments to the above-cited
laws and regulations), and shall be primarily responsible for carrying
out the objectives and purposes of this article, including the primary
responsibility for conducting inspections, investigations and enforcement
actions; notification and prosecution of violations; and calculation
and imposition of penalties. The Municipal Recycling Coordinator shall
also assist the Township Committee as needed with the recycling tonnage
recordkeeping and reporting requirements of N.J.A.C. 7:26A-11.2, and
the biannual publication, posting and/or other distribution of recycling
notices pursuant to N.J.A.C. 7:26A-11.3.
D.
Within 30 days following receipt of the professional certification referred to in Subsection B above, the Municipal Recycling Coordinator will set forth in writing all of the Municipal Recycling Coordinator's duties so that those duties may be reviewed and ratified by resolution of the Township Committee for compliance with N.J.A.C. 7:26-11.1(a). Following such initial ratification the Municipal Recycling Coordinator may, from time to time, review the duties and present them, along with any recommend amendments, for ratification by the Township Committee.
E.
A Municipal Recycling Enforcement Officer as defined herein may be
appointed on an annual basis by resolution of the Township Committee.
Once appointed, the Municipal Recycling Enforcement Officer shall
have all duties relating to this article as may be delegated by the
Township Committee and the Municipal Recycling Coordinator.
A.
All owners and occupants of residential and nonresidential properties
or units, including but not limited to retail and commercial locations,
government, schools and other institutional locations within the Township,
must separate designated recyclable materials from nonrecyclables
in compliance with this article.
(1)
Designated recyclable materials generated by owners or occupants
of residential properties or residential units shall be placed for
single-stream recycling collection by the Township as set forth in
this article on such days and at such times as may be designated by
the Township.
(2)
Nonrecyclables generated by owners or occupants of residential properties
or residential units shall be placed for collection by the Township
as set forth in this article on such days and at such times as may
be designated by the Township.
(3)
Roadside collection is not provided by the Township for designated
recyclable materials or nonrecyclables generated by owners or occupants
of nonresidential properties and nonresidential units. Accordingly,
these owners and occupants must arrange for the private collection
and delivery of designated recyclable materials to a Township-approved
recycling facility or recycling depot, and must arrange for the private
collection and disposal of nonrecyclables in a lawful manner.
B.
Owners and occupants of nonresidential properties and units may apply
to the Township Committee for exemption from the aforesaid source
separation requirements, as follows:
(1)
Such owners or occupants must obtain the services of a materials
recovery facility to separate all designated recyclable materials
from the solid waste generated at the nonresidential property or unit.
Provision of these services must be documented in writing, through
contract or correspondence with the materials recovery facility providing
the service.
(2)
The aforesaid documentation shall be submitted to the Municipal Recycling
Coordinator with an application made using forms provided by the Municipal
Recycling Coordinator. The Municipal Recycling Coordinator shall:
(a)
Review the applicant's documentation of alternate provision
for the recycling of designated recyclable materials that may be found
in the solid waste generated at the nonresidential property or unit;
(b)
Review the written reports submitted by the providers of the
alternate service and, where required, the property or unit owner's
or occupant's annual written reports of the total number of tons recycled;
and
(c)
Ascertain that the recycling facilities receiving the exempted
waste are permitted to perform that recycling.
(3)
If found to be sufficient to meet the requirements for issuance of
an exemption, the Municipal Recycling Coordinator shall issue a written
recommendation of the exemption for approval by resolution of the
Township Committee.
(4)
Township approval of an exemption application will result in a letter
of exemption from the Township Committee. Once issued, the owner or
occupant must maintain the original letter of exemption or a copy
on file at the nonresidential property or unit for review upon request
by the Municipal Recycling Coordinator or the Municipal Recycling
Coordinator's authorized designee.
(5)
After the exemption has been approved by the Township Committee the
exempted owner or occupant must annually provide a report to the Municipal
Recycling Coordinator on or before August 1 of each year in which
the exemption is in effect, consisting of a written certification
by the owner or occupant to the Township on a form provided by the
Municipal Recycling Coordinator documenting the total number of tons
of designated recyclable materials that were recycled during the one-year
period prior to and including June 30 of the year in which the report
is submitted. The Municipal Recycling Coordinator shall keep a record
of all owners and occupants who have received the exemption, and the
destination of the waste or identity of the waste transporters handling
the waste, and shall report this list annually to the Salem County
Recycling Coordinator.
(6)
Failure to provide the aforesaid report on or before August 1 of any exemption year will cause the exemption to terminate automatically, whereupon the owner or occupant of the nonresidential property or unit will automatically be subject to the penalties set forth in § 118-14 below for failure to comply with the source separation requirements of this article, in addition to any other violations. Additionally, the Municipal Recycling Coordinator or the Township Committee shall revoke the exemption of an owner or occupant upon the owner's or occupant's failure to meet the conditions of the exemption.
[Amended 8-2-2012 by Ord. No. 12-07]
The collection of nonrecyclables and designated recyclable materials
(single-stream and non-single-stream) from residential properties
and residential units shall be in the manner prescribed as follows:
A.
Nonrecyclables for collection by the Township. Nonrecyclables other than those listed in Subsection B, below, will be collected from residential properties and units as specified on an annual schedule to be issued by the Township at the beginning of each year. Nonrecyclables from residential properties and units that are to be collected by the Township must be placed only in designated trash receptacles that have been provided by the Township for use with the Township's automated trash collection system. Placement of nonrecyclables in non-Township-issued receptacles, or in receptacles that have been issued by the Township for recyclables, is prohibited. The Township will not remove, collect or dispose of nonrecyclables that have been placed in non-Township-issued receptacles, or in Township-issued recycling receptacles.
B.
Nonrecyclables not collected by the Township. The following types
of nonrecyclables and other materials must be delivered to the Salem
County Landfill or other licensed solid waste facility by or at the
direction and expense of the residential property or unit owner or
occupant. Placement of such materials for collection by the Township
is prohibited.
(1)
Nonrecyclables generated outside of Mannington Township.
(2)
Any material not accepted by the Salem County Landfill without special
arrangements, special packaging, special handling, and/or special
fees.
(3)
Any trash, debris, or other materials resulting from construction,
renovation, maintenance, repair or demolition of buildings or other
structures.
(4)
Motor vehicles (including but not limited to cars, trucks, motorcycles,
ATVs, and tractors) and all types of machinery, whether or not motorized
or motor propelled.
(5)
Toxic and hazardous wastes.
(6)
Animal carcasses.
(7)
Non-household chemical products.
(8)
Petroleum products.
C.
Single-stream recyclables. Designated recyclable materials as defined in this article (but excluding the materials specified in Subsection D, below) must be processed as single-stream recycling as defined in this article and shall be collected from residential properties and units as specified on an annual schedule to be issued by the Township at the beginning of each year. The owners and occupants of all residential properties and units in the Township must participate in single-stream recycling. Combined single-stream recyclable materials must be placed only in designated recycling receptacles that have been provided by the Township for use with the Township's automated single-stream recyclables collection system. Placement of recyclable materials in non-Township-issued receptacles, or in Township-issued receptacles that are designated for nonrecyclables, is prohibited. The Township will not remove, collect or dispose of recyclables that have been placed in non-Township-issued receptacles, or in receptacles that have been issued by the Township for collection of nonrecyclables.
D.
Non-single-stream recyclables. Unless special collection dates, times and procedures for the collection of the following listed types of designated recyclable materials are established and announced in advance by the Municipal Recycling Coordinator, such materials must be recycled by delivery, arranged and paid for by the residential property or unit owner or occupant, to a Township-approved recycling facility or recycling depot. Placement of such materials for collection by the Township pursuant to Subsection A or C, above, or in any other manner, is prohibited. The following materials are subject to this Subsection D:
(1)
Bulky materials as defined in this article, including but not limited
to tires, steel cans of five gallons or more, white goods, and light
iron.
(2)
Putrescible materials as defined in this article, including but not
limited to yard trimmings and food scraps.
(3)
Containers meeting the definition of designated recyclable materials
that contain or have contained herbicides, pesticides, or fertilizers,
unless such containers have been emptied and triple-rinsed.
[Amended 5-3-2012 by Ord. No. 12-04; 8-2-2012 by Ord. No. 12-07]
The use of Township-issued receptacles for collection of nonrecyclables
and single-stream recyclables from residential properties and residential
units shall be subject to the following conditions and requirements:
A.
All receptacles that are provided to residential properties and residential
units by the Township for collection of nonrecyclables and single-stream
recyclables pursuant to this article shall continue to be owned by
the Township of Mannington at all times, and must be returned to the
Township by the property or unit owner or occupant whenever requested
by any duly authorized Township official or employee. The property
or unit owner or occupant must keep all such receptacles clean and
in proper condition for safe and efficient handling. No person other
than Township-approved personnel may repair or modify Township-issued
receptacles. No property or unit owner, occupant, or other person
may mark, deface, or damage such receptacles. The owner or occupant
of the property or unit to which a Township-issued receptacle has
been issued must take all reasonable measures to protect and preserve
such receptacle from loss or damage, and must promptly report any
loss or damage to the Township Clerk. Any recyclable or nonrecyclable
material which is placed in a Township-issued receptacle that, in
the sole discretion of any duly authorized Township official or employee,
is deemed to be damaged or improperly maintained to such an extent
that it cannot be handled safely or efficiently will not be collected.
Any duly authorized Township official or employee may retrieve any
Township-issued receptacle that has been placed for collection pursuant
to this article if, in the sole discretion of such official or employee,
the receptacle is damaged or improperly maintained to such an extent
that it cannot be handled safely or efficiently.
B.
The Township may, upon request, provide one additional receptacle for recyclables and/or one additional receptacle for nonrecyclables for use at a residential property or residential unit upon payment of a nonrefundable usage fee of $75 per additional receptacle. Additional receptacles are subject to all requirements of this § 118-6, shall continue to be owned by the Township of Mannington at all times, and must be returned to the Township by the property or unit owner or occupant whenever requested by any duly authorized Township official or employee. No more than two Township-issued receptacles for nonrecyclables, and no more than two Township-issued receptacles for recyclables, may be obtained or utilized at any residential property or residential unit. The Township will not collect nonrecyclables from more than two receptacles, or recyclables from more than two receptacles, at any residential property or residential unit.
C.
All repair and replacement of Township-issued receptacles shall be
accomplished by Township-approved personnel in such manner as may
be deemed satisfactory in the sole discretion of any duly authorized
Township official or employee. All costs for repair of damage that,
in the sole discretion of any duly authorized Township official or
employee, has resulted from normal wear and tear will be incurred
by the Township without reimbursement by the property or unit owner
or occupant. All other repair and replacement costs shall be repaid
to the Township in full by the person who is the owner or occupant
of the property or unit at the time when the repaired receptacle is
ready to be returned, or the replacement receptacle is ready to be
provided by the Township, and such payment will be required in full
prior to the Township's release of the repaired or replacement receptacle
to such owner or occupant. Repair costs shall include only the Township's
actual out-of-pocket costs for labor and materials used in accomplishing
the repair, but shall not include any cost for labor furnished by
Township officials or employees. Replacement cost shall be $75 per
receptacle. Any purposeful damage or defacement of a Township-issued
receptacle may also constitute destruction or vandalism of Township
property and may be prosecuted accordingly in criminal and/or civil
actions at the Township's election, provided that any such election
or nonelection to prosecute shall be independent of the current property
or unit owner's or occupant's ongoing obligation to pay the receptacle
repair costs referenced above pending the Township's possible recovery
of such costs as a result of such prosecution.
D.
Unless returned to a duly authorized Township official or employee,
each Township-issued receptacle must at all times remain at the property
or unit to which it has been issued. Any removal of a Township-issued
receptacle from the property or unit to which it has been issued shall
constitute theft or conversion of Township property and may be prosecuted
accordingly in criminal and/or civil actions at the Township's election,
provided that any such election or nonelection to prosecute shall
be independent of the current property or unit owner's or occupant's
ongoing obligation to pay the receptacle replacement cost pending
the possible return of a missing receptacle as a result of such prosecution.
To help avoid the consequences of the repair and replacement provisions
of this article, property and unit owners and occupants may, but are
not required to, return Township-issued receptacles to the Municipal
Recycling Coordinator prior to transferring property or unit ownership
or occupancy to any new owner or occupant, so that the receptacle
can thereafter be reissued by the Township to the property or unit
at the request of the new owner or occupant.
E.
Location and time of placement of receptacles for collection; removal
of receptacles after collection.
(1)
Township-issued receptacles containing materials for collection must
be placed for collection:
(a)
In an open area that is not beneath tree branches or any object
or structure that could impede or obstruct the movements of the Township's
automated collection systems;
(b)
At least one foot beyond the edge of roadway pavement adjacent
to the residential property or unit on the side of the roadway as
may be designated by the Township; and
(c)
At least six feet from all other objects and structures, including
mailboxes, paper boxes, utility poles, and other Township-issued receptacles.
(2)
Receptacles must be placed for collection between 6:00 p.m. of the
day immediately preceding the day of collection and 6:00 a.m. of the
day of collection. After collection the empty receptacles must be
removed and stored out of sight from the roadway no later than 7:00
p.m. of the day of collection.
Unless exempted pursuant to § 118-4 above, the collection of source-separated designated recyclable materials and nonrecyclables from nonresidential properties and nonresidential units shall be in the manner prescribed as follows:
A.
The arrangement for collection and disposal of all categories of
designated recyclable materials and all nonrecyclables from nonresidential
properties and nonresidential units shall be the responsibility of
the owner of such properties or units, or such owner's designee. The
owners or occupants of all nonresidential properties and nonresidential
units at which any type of solid waste is generated by customers,
visitors, or other members of the public shall provide conveniently
accessible separate receptacles for designated recyclable materials
and nonrecyclables, and shall accomplish proper source separation,
collection, delivery and disposal of the contents of such receptacles
in accordance with this article.
B.
The owner of each nonresidential property or nonresidential unit, or such owner's designee, shall report on an annual basis to the Municipal Recycling Coordinator, on such forms as may be prescribed by the Municipal Recycling Coordinator, regarding recycling activities at each nonresidential property or nonresidential unit, including the names of each hauler, recycler and/or paper shredder, and the types, quantities and final destinations and dispositions of the recycled materials collected and disposed of pursuant to Subsection A, above.
[Amended 4-4-2024 by Ord. No. 24-03]
A.
Owners and occupants of residential or nonresidential properties
or units are prohibited from placing yard trimmings for Township collection
as a designated recyclable material or as a nonrecyclable, or from
mixing yard trimmings for collection with other designated recyclable
materials or nonrecyclables.
B.
Owners and occupants of residential or nonresidential properties
or units must mulch or compost all yard trimmings that are generated
at the properties or units they own or occupy or, in the alternative,
arrange for removal of such yard trimmings to a facility were same
will be mulched, composted, or otherwise recycled in a lawful manner.
C.
Solid waste collectors are prohibited from collecting designated
recyclable materials or nonrecyclables into which yard trimmings have
been mixed.
D.
The purpose of this section is to protect public health, safety and
welfare by prohibiting placement of yard waste at any curb or along
any street in Mannington Township at any time or in any manner except
as may be authorized by a municipal yard waste collection and disposal
program, to prescribe penalties for the failure to comply, and to
establish requirements for a yard waste collection and disposal program
in the Township of Mannington which would become effective only in
the event Mannington Township implements such a program.
E.
CONTAINERIZED
PERSON
STREET
YARD WASTE
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.
F.
Yard waste collection. If Mannington Township implements a yard waste
collection and disposal program, sweeping, raking, blowing or otherwise
placing yard waste that is not containerized at the curb or along
the street is only allowed during the seven days prior to a scheduled
and announced collection pursuant to such program, and in such event
shall not be placed closer than 10 feet to from any storm drain inlet.
G.
Placement of yard waste at any curb or along any street within Mannington
Township at any time or in any manner is a violation of this section
unless Mannington Township implements a yard waste collection and
disposal program, in which case compliance with such program is required.
If any such placement of yard waste occurs, or if Mannington Township
implements a yard waste collection and disposal program and any person
violates the requirements of such program, the party responsible for
placement of the yard waste must remove the yard waste from the street
and otherwise eliminate the violation or said party shall be deemed
in violation of this section.
H.
Enforcement. The provisions of this section shall be enforced by
the Mannington Township Public Works Department.
I.
Violations and penalties. The party responsible for placement of yard waste in violation of this section must reimburse Mannington Township for all costs of removal of such yard waste by the Mannington Township Public Works Department (based on employee work time and equipment rental cost) or by an independent contractor hired by Mannington Township according to the requirements and procedures of Article I, Removal of Weeds and Debris, of Chapter 102, Property Maintenance, with all unpaid costs to become a lien upon the lands of the responsible party to be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and be controlled and enforced by the same officers and in the same manner as taxes, all pursuant to the Chapter 102, Article I requirements and procedures. Additionally, violations of this section shall be punishable as provided in § 1-15 of this Code.
A.
It is unlawful for solid waste collectors, or the owners or occupants
of residential or nonresidential units or properties, to collect or
dispose of solid waste that is comprised of nonrecyclables mixed with,
or containing visible or other signs of the presence of, designated
recyclable materials. It is also unlawful for solid waste collectors,
or the owners or occupants of residential or nonresidential units
or properties, to remove for disposal as nonrecyclables any bags or
other containers of solid waste which visibly display a warning notice
sticker or other device indicating that the solid waste contains designated
recyclable materials.
B.
In the event a solid waste collector fails to collect some or all
of the solid waste that has been placed for collection at any property
or unit, it is the responsibility of the owner or occupant to collect
and properly source separate any uncollected solid waste for later
disposal and/or recycling. Allowing such uncollected solid waste to
accumulate at the curbside beyond 7:00 p.m. on the day of collection
will be considered a violation of this article in addition to other
applicable health or sanitation laws and regulations.
C.
Once placed for collection pursuant to this article, or any rules
or regulations promulgated pursuant hereto, no person other than a
solid waste collector as defined herein, or the owner or occupant
of the property or unit at which the solid waste has been generated,
may tamper with, collect, remove, or otherwise handle such solid waste.
D.
Designated recyclable materials that are placed for collection by
the owner or occupant of a residential property or residential unit
shall, upon such placement, become property of the Township or its
authorized solid waste collector. It shall be a violation of this
article for any person or entity other than a Township-authorized
solid waste collector to collect or pick up, or cause to be collected
or picked up, any designated recyclable materials that are the property
of the Township as provided above, or any nonrecyclables, that have
been placed for collection.
A.
For all activities that require advance Township approval such as,
but not limited to, construction, renovation and demolition work,
or the staging of a public or private event for which a permit is
required, a designated recyclable materials plan shall be filed along
with the other materials and submissions that are required for such
approval or permit. The plan shall include provisions for the recovery
of all designated recyclable materials generated during the permitted
activity, and overall compliance with this article.
B.
The Municipal Recycling Coordinator shall review the designated recyclable
materials plan and any information submitted therewith and determine,
prior to the issuance of the requested approval or permit, whether
the plan confirms that the property or unit owner/occupant and the
permit or approval applicant will comply with all recycling requirements
set forth herein, and how such compliance will be guaranteed. The
Municipal Recycling Coordinator determination regarding compliance
will be provided in writing to the Municipal Public Works Director/Supervisor,
and copied simultaneously to the permit or approval applicant, and
the owner and occupant of the property or unit. When such plan is
determined to be noncompliant, the Municipal Recycling Coordinator
must include a statement of specific conditions and any other materials
or information that must be incorporated into a revised plan before
the requested permit or approval can be granted. Once the plan is
approved by the Municipal Recycling Coordinator, and the requested
permit or approval granted, it shall be a violation of this article
for the owner, occupant, or permit holder to fail to comply with the
approved plan.
The owner and occupant of each property or unit shall be responsible
for compliance with this article. Violations and penalty notices will
be directed to the owner and the occupant. The aforesaid notwithstanding,
in all instances where an occupant refuses to comply, or the occupant
or other violator is not easily identifiable, the owner will be responsible
for attaining compliance at the property or unit and will be subject
to all penalties for the violations. For multifamily units on a property
owned or commonly owned by a single person, group or entity, including
but not limited to seasonal hotel/motels and guesthouses, and for
farm labor residences, the person, group or entity is responsible
for setting up and maintaining the recycling system, including collection
of source-separated recyclable materials. For multifamily units that
are governed by a condominium association, the association is responsible
for setting up and maintaining the recycling system, including collection
of source-separated recyclable materials. For multifamily units that
are governed by a homeowners' association, the association is responsible
for setting up and maintaining the recycling system, including collection
of source-separated recyclable materials, only if so directed by the
Planning Board as a condition of subdivision or site plan approval.
The owner or association shall, as part of such recycling system setup
and maintenance, issue written notification and collection rules to
all new occupants upon commencement of occupancy to ensure conformance
with the requirements of this article, and shall issue written reminders
thereafter at a minimum of every six months for the duration of the
occupancy.
The Municipal Recycling Coordinator is hereby authorized to
promulgate, from time to time, additional rules and regulations to
promote the purposes of this article; provided, however, that such
rules and regulations shall not be inconsistent with terms and provisions
of this article and shall be approved by resolution of the Township
Committee before taking effect.
A.
The Municipal Recycling Coordinator and Municipal Recycling Enforcement
Officer may conduct inspections at the properties or units where solid
waste is generated, which inspections may include opening and sorting
through bags or other containers of solid waste to investigate possible
violations of this article.
B.
The Salem County Health Department (SCHD) is also hereby authorized
to enforce the provisions of this article, provided that the Township
shall retain primary enforcement responsibility.
Violations for this article shall be punishable as provided in § 1-15 of this Code.
