Township of West Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
[Adopted 9-18-1989 by Ord. No. 89-41 (Ch. 12 of the Revised General Ordinances); amended in its entirety 6-23-2008 by Ord. No. 2008-12]
Pursuant to the Statewide Mandatory Source Separation and Recycling Act, each resident of the Township of West Windsor shall be required to comply with the Recycling Plan of the Township of West Windsor, adopting the Mercer County Recycling Plan to meet the state-mandated recycling goals. To effectuate and implement the West Windsor Township Recycling Plan, it is hereby required that the following standards apply.
A. 
The Township of West Windsor hereby adopts this article to provide for recycling within its borders pursuant to the Recycling Act, adopting herein the Mercer County Recycling Plan as its official municipal recycling program.
B. 
All municipal contracts for solid waste collection and/or disposal within the Township of West Windsor shall be consistent with this article and the Mercer County Recycling Plan.
For the purpose of this article, the following definitions shall apply:
ACCEPTABLE ALUMINUM CONTAINERS
Metal aluminum containers of the type commonly used for the packaging of beverages and food products.
ACCEPTABLE BIMETAL CONTAINERS
Those cans with side and bottom construction made of steel and with top construction made of aluminum.
ACCEPTABLE COMMINGLED MATERIALS
Those materials which would otherwise become municipal solid waste for municipalities as listed here, and which may be collected, separated, processed and returned to the economic mainstream in the form of materials or products. Acceptable commingled materials shall include acceptable metal containers and acceptable glass as here defined herein. In no event shall acceptable commingled materials include unacceptable commingled materials.
ACCEPTABLE FERROUS METAL CONTAINERS
Metal containers of the type commonly used for the packaging of beverage and food products.
ACCEPTABLE GLASS CONTAINERS
Any clear, amber and green glass container of the type commonly used for beverage and food products. Expressly exempted from this definition are glass containers used for non-beverage or non-food products such as pesticides, herbicides, or other chemicals. Light bulbs, plates, safety and mirrored glass are also not considered acceptable glass.
ACCEPTABLE METAL CONTAINERS
Metal containers (cans) of the type commonly used for beverage and food products only, and may include aluminum, tin plate steel and bimetal cans. Expressly exempted from this definition are cans utilized for the packaging of chemicals or other non-food and non-beverage products.
ACCEPTABLE MIXED PAPER
Newspapers and associated inserts and periodical magazines.
ACCEPTABLE PLASTIC CONTAINERS
Any polyethylene terephthalate (PET) and high-density polyethylene (HDPE) plastic container of the type commonly used for beverage and food containers only. PET or HDPE containers utilized for non-food and non-beverage items are expressly exempted from this definition.
BATTERY
A group of two or more cells connected together to furnish electric current. For the purposes of this article, the "battery" and/or "batteries" being referred to are only for motor vehicles, including automobiles, trucks and motorcycles.
BEVERAGE CONTAINER
An individual, separate, hermetically sealed, or made airtight with a metal or plastic cap, bottle or can composed of glass, metal, plastic or any combination thereof, containing a beverage.
BEVERAGES
Milk, alcoholic beverages, including beer or other malt beverages, liquor, wine, vermouth and sparkling wine, and nonalcoholic beverages, including fruit juice, mineral water and soda water and similar nonalcoholic carbonated and noncarbonated drinks intended for human consumption.
COLLECTION UNIT
Any equipment determined to be necessary to complete the collection services described in the Recycling Plan and ordinance attached hereto and made a part hereof.
COMMERCIAL ESTABLISHMENT
Those businesses which constitute wholesale, retail or service establishments such as restaurants, stores, markets, theaters, hotels, warehouses and offices.
CORRUGATED
Corrugated containers having liners of test liner, jute or kraft.
COUNTY RECYCLING SYSTEM
The Mercer County collection and processing system as more fully described in the Mercer County Recycling Plan and any amendments thereto attached hereto and made a part hereof.
CULLET
Crushed or shattered glass with an average particle size of one millimeter by one millimeter to two millimeters by two millimeters (+/-).
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGNATED RECYCLABLE MATERIALS
Those materials named in the approved Mercer County Recycling Plan and any amendments thereto attached hereto and made a part hereof.
END USER
The ultimate market for designated recyclable materials, which utilizes said materials as raw materials in the manufacture of new commodities.
EXISTING TRANSFER STATION
The Mercer County Improvement Authority's solid waste transfer station located in Ewing Township, New Jersey, at Block 13, Lots 3, 10, 16, 17 and 37.
FOOD PRODUCT
A food commodity packaged in any manner in advance of sale in units suitable for retail sale and which is not intended for consumption at the point of manufacture.
INDUSTRIAL ESTABLISHMENT
Those businesses which include manufacturing, industrial, and research and development entities.
MULTIFAMILY UNITS
Any building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which three or more units of dwelling space are occupied, or are intended to be occupied by three or more persons who live independently of each other. This definition shall also mean any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two units of dwelling space are occupied or intended to be occupied by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. This definition shall also include apartments, townhouses, condominiums and retirement communities. "Condominiums" as used herein shall include the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvement together with an undivided interest in common elements appurtenant to each such unit.
MUNICIPAL SOLID WASTE STREAM
All residential, commercial and institutional solid waste generated within the boundaries of any municipality.
NONPROFIT GROUP
Those groups or organizations operating not-for-profit, such as the Girl Scouts, Boy Scouts, religious organizations, etc., and other types of service organizations that may on occasion conduct recycling fund-raising activities.
OFFICE PAPER
High-grade paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper, and related types of cellulose material containing not more than 10% by weight of volume of noncellulose material such as laminates, binders, coatings, or saturates.
OTHER PAPER
Junk mail, cereal, cookie, cracker, dry detergent boxes, shoe boxes, juice boxes, milk and juice containers and telephone books.
PAPER
Includes all paper grades, including but not limited to newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper, and related types of cellulose material containing not less than 10% by weight or volume of noncellulose material such as laminates, binders, coatings, or saturates.
PRIVATE RECYCLER
Any individual or group registered with the Mercer County Improvement Authority to collect recyclable materials.
RECYCLABLE CONTAINER
A container intended for the in-home storage and collection of recyclable materials, to be approved by the Mercer County Improvement Authority, and to be signed with an appropriate recycling slogan.
RECYCLABLE MATERIAL
Those materials which would otherwise become municipal solid waste, and which may be collected, separated, processed and returned to the economic mainstream in the form of materials or products.
RECYCLING
The activity whereby a secondary material is introduced as a raw material into a process in which it is transformed into a new product in such a manner that its original identity is essentially lost.
RECYCLING ACT
The New Jersey Statewide Mandatory Source Separation and Recycling Act, P.L. 1987, Chapter 102, N.J.S.A. 13:1E-99.1 et seq.
RECYCLING CENTER
Any facility designed and operated solely for receiving, storing, processing and transferring source-separated, nonputrescible or source-separated commingled nonputrescible metal, glass, paper, plastic containers, and corrugated and other cardboard, or other recyclable materials approved by the Department.
RECYCLING FACILITY
Any place, equipment or plant designed and/or operated for the purpose of recycling to collect, store, process or to redistribute separated waste so as to return the material to market.
SCAVENGER
Any individual or group that is not registered with the Mercer County Improvement Authority to collect recyclable materials, or an individual or group which has not been granted an exemption to the registration requirement.
SOLID WASTE
Garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials, including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.
SOLID WASTE FACILITIES
Includes the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by any person pursuant to the provisions of the Solid Waste Management Act, N.J.S.A. 13:1e-1 et seq., or any other act, including transfer stations, incinerator, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.
SOURCE SEPARATION
The act of segregating designated recyclable materials from residential, commercial and institutional solid waste by the generator thereof for the purpose of collection, disposition and recycling.
TIN-PLATE CANS
Those cans with a basic steel construction with an interior coating of tin.
TIRE
A continuous solid or pneumatic rubber cushion encircling a wheel usually consisting, when pneumatic, of an external rubber-and-fabric covering that contains and protects from injury an air-filled inner tube for use on a motor vehicle not for commercial use. A tire as defined herein shall have the rim removed.
UNACCEPTABLE COMMINGLED MATERIALS
Those materials which are not defined as "acceptable commingled materials."
UNACCEPTABLE MIXED PAPER
Those materials which are not defined as "acceptable mixed paper" and are unsuitable for consumption as the grade specified.
WHITE GOODS
Refrigerators, freezers, washers, dryers and other appliances of steel construction.
A. 
The Township of West Windsor shall heretofore provide for a collection system for leaves generated from residential premises and require that persons occupying residential premises within these municipal boundaries shall, for the period from September 1 to December 31 of each year, source-separate leaves from solid waste generated at those premises and, unless leaves are stored or recycled for composting or mulching by the generator, place the leaves for collection in the manner provided for herein.
B. 
Leaves shall be collected by the Township in one of two manners: vacuum collection at curbside or collection of bagged leaves at such times as may be determined by the Township. All such collected material shall be deposited at the Township's registered compost facility or at such other place as may be designated. Residents shall be permitted to deposit such material directly at the registered compost facility or other site designated.
The Township of West Windsor may deliver tires to the existing transfer station or such site as designated by the Mercer County Improvement Authority for transfer to a tire recycler.
The Township of West Windsor shall, at a minimum, within 30 days after the adoption of this article, and at least once every six months thereafter, notify all persons occupying residential, commercial and institutional premises within these municipal boundaries of recycling opportunities and the source separation requirements of this article and the Mercer County Recycling Plan. In order to fulfill the notification requirements of this section, this municipality may, in its discretion, place an advertisement in a newspaper circulating in the municipality or post a notice in public places where public notices are customarily posted and include a notice with other official notifications periodically mailed to residential taxpayers, as the municipality deems necessary and appropriate.
A. 
The Township of West Windsor shall, pursuant to N.J.S.A. 13:1E-99.16c, within 30 days of the effective date of this article, and at least once every 36 months thereafter, conduct a review and make necessary revisions to the Master Plan and development regulations adopted pursuant to L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), which revisions shall reflect changes in state, county and municipal policies and objectives concerning the collection, disposition and recycling of designated recyclable materials.
B. 
The revised Master Plan shall include provisions for the collection, disposition and recycling of recyclable materials designated in this article and for the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.
A. 
On and after the official commencement date of the County Recycling System within the Township of West Windsor, each person residing in areas designated for recycling collection shall separate for curbside collection on designated collection days and such additional days as may be designated by the Mercer County Improvement Authority those materials designated in the Mercer County Recycling Plan as listed below, and shall do so in the manner as set forth in this article.
B. 
All residents shall recycle or cause to be recycled, at a minimum, the following categories of recyclables:
(1) 
Paper, including:
(a) 
Newspapers;
(b) 
Magazines;
(c) 
Corrugated cardboard;
(d) 
Other paper; and
(2) 
Clear, green and amber glass food and beverage containers.
(3) 
Aluminum food and beverage containers.
(4) 
PET beverage and HDPE beverage and laundry detergent containers.
(5) 
Tin-plate steel containers.
(6) 
Bimetal containers.
(7) 
Tires.
(8) 
Vehicle batteries.
(9) 
White goods.
(10) 
Leaves.
(11) 
Used motor oil.
(12) 
Ferrous automotive scrap.
C. 
Any and all persons having been found to have violated the provisions of the Recycling Plan of the Township of West Windsor will be assessed warnings, penalties and fines pursuant to § 148-24 of this article.
D. 
At the time of placement of recyclable materials designated for collection by the Recycling Plan of the Township of West Windsor at the curb- or street side of residential units, said materials shall be considered the sole property of the Mercer County Improvement Authority and shall be considered a conscious contribution by that resident to the County Recycling System for collection by the Mercer County Improvement Authority or its agent.
E. 
Any resident within the Township of West Windsor may donate or sell designated recyclable materials to any person, whether operating for profit or not-for-profit, provided that the receiving person may not perform curbside collection under any circumstances unless that person has registered with the Mercer County Improvement Authority as a private recycler.
Grass clippings may be deposited at the Township's registered compost facility and shall not be part of the Township's refuse collection program.
A. 
All commercial, industrial and institutional establishments located within the Township of West Windsor shall recycle or cause to be recycled, at a minimum, the following categories of recyclables:
(1) 
Paper, including:
(a) 
Newspapers;
(b) 
Magazines;
(c) 
Corrugated cardboard;
(d) 
Other paper; and
(2) 
Clear, green and amber glass food and beverage containers.
(3) 
Aluminum food and beverage containers.
(4) 
PET beverage and HDPE beverage and laundry detergent containers.
(5) 
Tin-plate steel containers.
(6) 
Bimetal containers.
(7) 
Tires.
(8) 
Vehicle batteries.
(9) 
White goods.
(10) 
Leaves.
(11) 
Used motor oil.
(12) 
Ferrous automotive scrap.
B. 
All commercial/industrial/institutional establishments located within the Township of West Windsor shall submit a source-separation recycling plan to the Mercer County Improvement Authority to meet the state recycling mandates identifying or incorporating the following:
(1) 
All waste material generated, listed by type.
(2) 
All volumes of these waste categories currently recycled.
(3) 
Any agreement with any solid waste hauler or with a separate entity for the recycling of source-separated designated materials as defined within the Mercer County Recycling Plan.
(4) 
A description of current or proposed recycling efforts for designated materials.
C. 
The schedule for submittal of these commercial/industrial/institutional recycling plans to the Mercer County Improvement Authority shall be as follows:
(1) 
All commercial/industrial/institutional establishments whose waste is collected by private haulers and not serviced by municipal collection shall submit the plan within four months of enactment of this article and shall implement the same within two months following approval of the plan by the Mercer County Improvement Authority.
(2) 
All commercial/industrial/institutional establishments whose waste is collected through a municipal collection system shall be part of the municipal collection system of recyclables.
D. 
All commercial/industrial/institutional establishments required to submit a recycling plan under this article may, at their option, submit a joint recycling plan with any other entity or entities whereby a common hauler and/or collection point for common pickup is set forth. However, each commercial/industrial/institutional establishment shall submit a plan identifying that they are part of this joint plan and shall attach a copy of the same, incorporating it by reference.
E. 
Any such commercial/industrial/institutional recycling plan shall be consistent with those terms, conditions and goals set forth in the Mercer County Recycling Plan and this article. The failure to submit said plan or to comply with the same shall subject the commercial/industrial/institutional establishment to penalties as set forth in this article.
F. 
An extension of the time for plan submittal and/or plan implementation of up to 90 days may be requested from the Mercer County Improvement Authority, depending upon the size of the establishment. Justification for such a request shall be submitted to the Mercer County Improvement Authority, in writing, and shall be verified as necessary or justified.
G. 
Upon failure of a commercial/industrial/institutional establishment to meet the source separation recycling provisions of this article and/or the source separation and recycling provisions of the Recycling Act, if not exempted pursuant to Subsection H described hereafter, the Mercer County Improvement Authority shall cause to be provided said recycling service, and all fees and costs for providing said recycling service shall be paid to the Mercer County Improvement Authority and, if applicable, shall be assessed at rates established by the New Jersey Board of Public Utilities and Mercer County's solid waste franchise, and penalties shall be assessed as provided for in this article.
H. 
Pursuant to N.J.S.A. 13:1E-99.16(d) of the Recycling Act, all municipalities shall have the right to exempt persons occupying commercial and institutional premises within their municipal boundaries from the source separation requirements of the ordinance if those persons have otherwise provided for the recycling of the recyclable materials designated in the Mercer County Recycling Plan from solid waste generated at those premises. Each municipality shall annually submit to the Mercer County Improvement Authority a list of those commercial/industrial/institutional establishments requesting exemptions under this subsection and the results of the municipal determination with an explanation for said action. To be eligible for an exemption pursuant to this subsection, a commercial or institutional solid waste generator shall annually provide written documentation to the municipality and the Mercer County Improvement Authority of the total number of tons recycled. Persons occupying commercial and institutional premises exempted under this section shall not be exempted from the reporting provisions of the Recycling Act.
I. 
At the time of placement of recyclable materials designated for collection by the Mercer County Recycling Plan at the curb- or street side of commercial, industrial or institutional establishments, said material shall be considered the sole property of the Mercer County Improvement Authority and shall be considered a conscious contribution to the County Recycling System for collection by the Mercer County Improvement Authority or its agent.
J. 
Any future commercial waste private recycling facilities must be approved by the Mercer County Improvement Authority and shall be included by amendment to the Mercer County Solid Waste Management Plan.
K. 
Any and all such designated commercial recycling centers shall comply with all applicable laws, ordinances, and statutes, and the Mercer County Solid Waste Plan.
Batteries shall not be a part of the curbside collection program but shall be disposed of in markets set forth in the Mercer County Recycling Plan Market Guide.
A. 
Any person or group of persons wishing to collect recyclable materials shall register with the Mercer County Improvement Authority as a private recycler.
B. 
No private recycler shall conduct recycling collection activities within the Township of West Windsor on designated county collection days.
C. 
Upon registration, each private recycler shall receive an identification/registration decal from the Mercer County Improvement Authority and shall prominently display the same on recycling vehicles when collecting recyclables within the Township of West Windsor.
D. 
An ongoing condition of collection activities within the municipality shall be the submittal of certified weight tickets to the Mercer County Improvement Authority for material sold to quantify levels for state-mandated recycling goals. Said tickets shall be submitted to the Mercer County Improvement Authority no later than 30 days following the date of sale of the subject material.
The enforcement of the Recycling Plan of the Township of West Windsor shall be provided individually and severally by the Township of West Windsor, with regard to enforcement of this article, and/or the Mercer County Improvement Authority and/or the New Jersey Department of Environmental Protection.
A. 
No person shall collect recyclables within the Township of West Windsor unless registered with the Mercer County Improvement Authority and the requisite fee has been paid. Exemption from the registration fee, but not the registration requirement, shall be provided to nonprofit service groups collecting recyclable materials on a limited number of occasions during a given year.
B. 
Upon registration and payment of applicable fees, the registrant shall be issued an identification/registration decal which shall be prominently displayed on each recycling vehicle at all times while collecting recyclables; and
C. 
The following schedule of registration fees, based upon vehicle size, shall be applicable to all private recyclers within Mercer County:
(1) 
For vehicles between one yard and five yards: $25;
(2) 
For vehicles over five yards but not exceeding 15 yards: $50; and
(3) 
For vehicles over 15 yards: $100.
D. 
Any operator of a private (non-county-operated) recycling drop-off center where materials will be received for processing shall register with the Mercer County Improvement Authority and shall be subject to a registration fee of $250 per annum and the quarterly reporting requirements of the Mercer County Improvement Authority. Approved nonprofit recycling drop-off locations and/or facilities shall be exempted from the registration fee but not from the reporting requirement.
A. 
Failure to register or to display the identification/registration decal on vehicles while collecting recyclables within the Township of West Windsor shall subject such private recycler to a fine of $250 per offense.
B. 
Any person or entity conducting recycling collection activities within the Township of West Windsor on designated county recycling collection days shall be assessed a penalty of $250 per offense.
A. 
Residents. Any resident of any municipality within Mercer County who is found to have violated the provisions of this article shall be subject to the following procedures and penalties:
(1) 
A notice of violation shall be issued upon the first infraction that said ordinance is violated; and
(2) 
Thereafter, a cessation in the collection of garbage which contains recyclable materials from that household; and/or
(3) 
A fine of up to $500 per day of violation depending upon the extent of and circumstances of the violation, to be assessed pursuant to N.J.S.A. 13:1E-9 by the Mercer County Improvement Authority, as authorized hereby and pursuant to the inclusion of this article within the Mercer County Solid Waste Management Plan.
B. 
Commercial, industrial and institutional establishments.
(1) 
Failure to submit the plan or have an approved plan in place as required by this article shall subject the commercial/industrial/institutional establishment to a fine of up to $100 per day until plan submittal requirements are met.
(2) 
Any commercial/industrial/institutional establishment located within Mercer County found to have violated the terms and provisions of this article and/or its required recycling plan as submitted to the county pursuant to § 148-10 of this article shall be subject to the following procedures and penalties:
(a) 
A notice of violation shall be issued upon the first infraction that said ordinance is violated; and
(b) 
A fine of up to $1,000 per day of violation depending upon the extent of and circumstances of the violation and the size of the violating establishment, to be assessed pursuant to N.J.S.A. 13-1E-9 by the Mercer County Improvement Authority, as authorized hereby and pursuant to the inclusion of this article within the Mercer County Solid Waste Management Plan.