[HISTORY: Adopted by the Township Council of the Township of Galloway 3-14-1989 by Ord. No. 950; amended in its entirety 11-10-2015 by Ord. No. 1921-2015. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Recycling Ordinance of the Township of Galloway."
As used in this chapter, the following terms shall have the meanings indicated:
- An automotive engine coolant.
- BULKY RIGID PLASTIC
- Plastic buckets, plastic laundry baskets, plastic landscape trays (no soil), plastic toys and playhouses, plastic pet carriers, plastic coolers, plastic dish drainers, empty garbage and recycling cans, five-gallon water bottles, plastic milk/soda crates, plastic lawn furniture, plastic totes (remove metal bars), plastic pallets, plastic shelving, plastic flower pots (no soil), PVC and PET blister packs, plastic automotive bumpers, plastic coat hangers, Plexiglas, vinyl fencing (four-foot limit), vinyl siding (four-foot limit), and HDPE pipe (four-foot limit).
- COMMERCIAL ESTABLISHMENTS
- Those properties used for commercial purposes.
- Source-separated recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).
- COMPUTER PRINTOUT/WHITE LEDGER
- All computer paper; all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and notepad).
- CONSTRUCTION/DEMOLITION RECYCLABLE MATERIAL
- Building material or demolition material that is recyclable; includes wood, plaster, drywall and wallboard, metals, asphaltic substances, bricks, block and unsegregated concrete.
- CONSUMER ELECTRONICS
- Computer central processing units and associated hardware, including keyboards, modems, printers, scanners and fax machines, televisions, VCRs, DVDs, stereo components and cell phones.
- CORRUGATED CARDBOARD
- Clean, heavy box materials commonly known as cardboard boxes and similar heavy paper packaging containers that are free of plastic, foam and other contaminants; also including food packaging boxes and other commercial packaging that is free of food contaminants, plastic, wax and foam materials that would make it undesirable for recycling purposes.
- DESIGNATED RECYCLING ENFORCEMENT AUTHORITY
- A member of the Office of Sustainability, the Department of Public Works, the Construction Office or the Police Department of the Township of Galloway charged with the enforcement of this chapter.
- FOOD SCRAPS
- 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.), processing residuals and animal processing wastes.
- GLASS CONTAINERS
- All glass containers for packaging food or beverages. Expressly excluded are noncontainer glasses, plate or window glass, dishes, mirrors, drinkware, tableware, porcelain or ceramics.
- HOUSEHOLD BATTERIES
- Includes flashlight, radio, camera, watch, toy and hearing aid batteries. Excluded are boat and automobile batteries. Rechargeable batteries are recyclable.
- INSTITUTIONAL ESTABLISHMENTS
- Those facilities that house or serve groups of people, including, but not limited to, hospitals, schools, nursing homes, libraries and government offices.
- MAGAZINES AND JUNK MAIL
- All magazine stock, white and colored paper and envelopes.
- MISCELLANEOUS NONRECYCLABLE MATERIALS
- Includes any other nonhazardous material which would otherwise be classified as a solid waste, and is not otherwise defined in this section and documented as recyclable.
- MIXED OFFICE PAPER
- Items listed in the computer printout/white ledger category when mixed with envelopes, manila folders and colored papers. Such material is generated by commercial/institutional sources.
- MULTIFAMILY RESIDENCE
- Five or more contiguous units located on a single property or contiguous properties under common ownership or management. This shall include mobile home parks. For this purpose, "mobile home" shall mean a home, excluding travel trailers, which is a movable or portable unit, designed and constructed to be towed on its own chassis, and designed to be connected for year-round occupancy.
- All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grade Nos. 6, 7 and 8 news).
- OTHER GLASS
- All noncontainer glass such as plate glass, drinking glasses, and automotive glass.
- OTHER PAPER
- All paper that is not corrugated, office paper, magazines, white and colored bond paper, or newspaper, such as telephone directories, wrapping paper, chip board, books, papers coated with plastic, film or foil, paper contaminated with food, and grocery bags.
- OTHER PLASTIC
- Low-density polyethylene (LDPE) film or bags, or other film or plastic closures.
- Every owner, lessee and occupant of a residence within the boundaries of the Township of Galloway.
- PLASTIC BOTTLES (RECYCLABLE)
- Includes all bottles and jars.
- QUALIFIED APARTMENT BUILDING OR GARDEN APARTMENT COMPLEX
- Any building or structure or complex of buildings or structures in which five or more units are rented or leased or offered for rental or lease for residential purposes, except hotels, motels or other guesthouses serving transient or seasonal guests.
- RECYCLABLE MATERIAL
- Those materials that may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
- Any occupied single-family or multifamily dwelling from which solid waste is generated and hauled to a solid waste disposal facility by hauler or occupant.
- SCRAP METAL
- As used herein shall include refrigerators, freezers, water heaters, washers, dryers, metal sheds and any other type of bulk metal household item.
- SOLID WASTE
- That which is defined as solid waste in N.J.A.C. 7:26-1.6.
- UNIVERSAL WASTE
- A specific hazardous waste stream that has been designated by the EPA or a state as universal waste. The Universal Waste Rule provides alternative management options for specific hazardous waste streams. Designated New Jersey universal wastes include batteries (not alkaline), pesticides, thermostats, hazardous waste lamps, mercury-containing devices, consumer electronics and oil-based finishes.
- YARD TRIMMINGS
- Leaves, grass clippings, stumps, brush, and other lawn and garden trimmings from homes, institutions, and commercial and industrial sources.
There is hereby established a program for the separation of recyclable materials from the municipal solid waste stream by all persons within the Township of Galloway, hereinafter referred to as the "municipality."
Designated recyclables for the municipality's curbside program consist of the following materials:
Aluminum, tin, steel, bimetal, and aerosol containers;
Plastic bottles, Nos. 1, 2, 3, 4, 5, 6, and 7;
Other recyclable materials as designated by the agency charged with providing pickup service, effective 30 days after the date upon which said agency publishes notice in a newspaper of general circulation within Atlantic County.
Any public collector or commercial hauler picking up refuse within the Township of Galloway must comply with all New Jersey State rules and regulations.
Any hauler that collects trash from any residence will also provide collection of recyclables to the same.
Recyclable items collected within this Township by private haulers must be collected in separate vehicles from trash.
Recyclable items must be picked up in such a way that they will remain in marketable condition.
All recyclable material and solid waste must be source-separated prior to collection (by the customer) and remain source-separated throughout the collection process.
All residential collection for recyclables must be done minimally on a biweekly basis.
All commercial/institutional recycling will be done either weekly or biweekly, based on needs of said establishment.
Each commercial hauler shall provide a current rate schedule that includes the cost of trash and recycling. This fee must be a bundled fee so that any resident will pay that hauler directly for the two services together.
There is hereby established a program ("public dropoff program") for the source separation and delivery to a recycling dropoff of materials designated as recyclable by the municipality.
Designated recyclables for the public dropoff program established pursuant to this section shall consist of the following materials:
Rechargeable household batteries (Galloway Road only).
Ferrous scrap metal (Galloway Road only).
White goods (Galloway Road only).
Bulky rigid plastics (Galloway Road only).
Consumer electronics: televisions, computer monitors, computer towers, laptop computers (Galloway Road only).
Yard trimmings: leaves, branches and grass clippings (Galloway Road only).
The following additional residential designated recyclables in accordance with Atlantic County Ordinance No. 9-2014:
Auto/truck bodies. (NOTE: These materials shall be recycled at the Atlantic County Utilities Authority.)
Tires. (NOTE: Tires can be recycled at ACUA or at the point of purchase of new tires.)
CFC refrigerants. (NOTE: These materials shall be recycled at the Atlantic County Utilities Authority.)
Oil-contaminated soil. (NOTE: These materials shall be recycled at the Atlantic County Utilities Authority.)
Textiles. (NOTE: Textiles can be recycled at any textile bin.)
Asphalt and concrete. (NOTE: These materials shall be recycled at the Atlantic County Utilities Authority.)
Contaminated soil. (NOTE: These materials shall be recycled at the Atlantic County Utilities Authority.)
Stumps. (NOTE: These items can be recycled at ACUA or through any Class C recycling facility.)
Christmas trees. (NOTE: These items can be recycled at ACUA or through any Class C recycling facility.)
Motor oil. (NOTE: These are residential materials and must be recycled through ACUA household hazardous waste collections.)
Kerosene. (NOTE: These are residential materials and must be recycled through ACUA household hazardous waste collections.)
Home heating oil. (NOTE: These are residential materials and must be recycled through ACUA household hazardous waste collections.)
Propane tanks. (NOTE: These materials shall be recycled at the Atlantic County Utilities Authority.)
Other recyclable materials, as designated by the municipality at all times, 30 days after designation and publication of notice in a newspaper of general circulation within the municipality.
The Galloway Township public dropoff areas for recyclables are designated for residential use only.
The Township Manager is hereby authorized to establish and promulgate reasonable regulations, from time to time, which shall specifically spell out the manner of operation of this program. Notice of any change in these regulations shall be sent to the Township Council. The regulations shall detail, among other provisions, the following:
Items designated to be recyclable materials shall be prepared in the manner outlined in the Municipal Recycling Regulations promulgated to accompany this chapter, as outlined in § 273-5B of this chapter. Items shall be placed in suitable containers, which are clearly marked for recycling purposes. In no event shall items placed at the curbside for collection be placed in a manner so as to impede pedestrian or vehicular traffic.
If recycling collection day coincides with regular trash or bulk item collection day for a particular homeowner, recyclables should be in clearly marked containers and placed at least six feet from other items placed out for collection. Recycling must be at curb by 6:00 a.m. on designated collection day.
The municipality shall designate a Recycling Coordinator. The designated Recycling Coordinator shall be appointed by the Township Manager and must be a certified recycling professional, recognized by the State of New Jersey.
It shall be a violation of this chapter for any unauthorized person, partnership, corporation or organization to collect, pick up or cause to be collected or picked up, within the boundaries of this municipality, any of the recyclable materials designated in this chapter and the municipality's recycling regulations. Each such collection in violation of this chapter shall constitute a separate and distinct offense, punishable as hereinafter provided.
There is hereby established a program ("private dropoff program") for the source separation of recyclables generated within all homeowners' association properties, all multifamily dwellings and apartment complexes within this municipality.
The owner/manager of a homeowners' association, multifamily dwelling complex or apartment complex within this municipality shall provide and maintain, in a neat and sanitary condition, recycling dropoff areas, complete with approved directional signage, to receive all designated recyclables generated by residents of the complex. Minimum ratios for sizing facilities are provided in the recycling regulations promulgated to accompany this chapter.
The owner/manager of a homeowners' association, multifamily dwelling complex or apartment complex within this municipality is responsible for hiring a private contractor to collect recyclable materials and solid waste from their premises and to maintain the recycling system. Violations and penalty notices will be directed to the owner or management in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
The contracted hauler must collect the source-separated materials in separate trucks, maintaining the source separation and allowing the recyclable materials to remain in marketable condition;
At such a time that the Township should enter into a Township-wide recycling/solid waste contract(s), any term contracts with private haulers for these services will be final, and the multifamily complex will have the option of becoming part of the Township contract(s).
Curbside collection from any homeowners' association, multifamily complex or apartment complex can be either in addition to a dropoff area or used as a substitute for a dropoff area.
Adequate storage space within each unit for recyclables must be available to all homeowners' association residents, multifamily dwelling residents, and apartment complex residents/renters.
Any homeowners' association, multifamily complex or apartment complex that contains a public recreation area (i.e., tennis courts, etc.) shall provide recycling receptacles next to refuse receptacles, and these must be checked regularly for trash.
Any proposals for new developments of five or more multifamily units or qualified apartment buildings or for any commercial or industrial space must incorporate provisions for recycling in the site plans.
The location and set up of the designated area in new developments are subject to the site plan approvals of the Planning Board. With respect to existing construction, the location and setup of the designated area shall be approved by the appropriate Township officials. When a designated area is not required (i.e., four or fewer contiguous units), approvals shall be granted by appropriate Township officials.
Any proposals for new housing must incorporate provisions for internal recycling space or enclosed external recycling space in each dwelling unit.
The Township Master Plan must incorporate a recycling plan element and must be updated for recycling every three years.
All Planning Board approvals shall be conditional upon compliance with this section.
All commercial and institutional establishments within this municipality shall source-separate recyclables and arrange for their collection.
All source-separated materials must be collected in separate trucks, maintaining the source separation and allowing the recyclable materials to remain in marketable condition.
Commercial establishments have the option of hiring two different haulers for their trash and recycling. They must, however, be able to provide proof of both services upon request.
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products and maintain records for reporting purposes as described in § 273-19.
Designated recyclables for the mandatory commercial and institutional source separation program shall consist of the following materials:
Computer printout/white ledger;
Mixed office paper;
Glass, food and beverage containers;
Aluminum, tin, steel, bimetal, aerosol cans;
Plastic bottles and jars, Nos. 1, 2, 3, 4, 5, 6 and 7;
Rechargeable household batteries;
Yard trimmings, including leaves, grass clippings and branches;
Asphalt and concrete;
Brick and block;
Home heating oil;
Other recyclable materials as designated by the municipality 30 days after said designation and publication of notice in a newspaper of general circulation within the municipality.
All commercial and institutional establishments within this municipality that sell beverages in glasses or cans, either to employees or to the public, must provide easily accessible recycling receptacles next to each trash receptacle. Placement of said receptacles shall be determined by the Township. Exemptions: restaurants not selling packaged goods; bars; and liquor stores. Receptacles must be checked regularly for mixing of recyclables and/or trash.
It is required that receptacles for recyclables be placed in conveniently accessible areas with spacing not to exceed 150 feet at each public gathering place, shopping strip mall, and active retail commercially zoned area. These receptacles are to be located next to a trash receptacle. The property owner is responsible for maintaining said receptacles.
The owner/operator of a commercial establishment may exercise the option of placing recycling and trash receptacles inside his/her store instead of outside if just cause can be shown that public misuse may occur. This determination shall be made by the recycling enforcement authority.
All persons within the municipality shall separate leaves from other solid waste generated at their premises and, unless the leaves are stored or recycled for composting or mulching on the premises or as otherwise provided for by the municipality, place the leaves at the curb or other designated area for collection at such times and dates and in the manner established by the municipality's recycling regulations. No person shall dispose of leaves, arrange for the disposal of leaves, or cause leaves to be disposed at any solid waste facility other than a compost facility. Leaves may be composted on homeowner's property.
All food markets, grocery stores, convenience stores or supermarkets must offer patrons a choice of paper or plastic and encourage the use of reusable grocery bags for transport of groceries. At no time shall plastic bags be solely offered to customers by these establishments.
This municipality or any other person collecting solid waste generated within this municipality may refuse to collect solid waste from any person who has clearly failed to separate recyclables designated under appropriate sections of this chapter. The designated recycling enforcement authority has the right to mark trash contaminated with recyclables for noncollection.
In the event that the Township contracts for solid waste collection, the contracted hauler would be responsible to refuse to collect solid waste designated with recyclables; and said hauler would be responsible to refuse to collect solid waste designated with recyclables; and said hauler would be responsible to report to the Department of Community Education the addresses of residents involved at the end of each collection day.
It shall be unlawful for any person to:
Other than those persons authorized, collect any designated recyclables which have been placed at the roadside for collection or within a recycling dropoff pursuant to this chapter;
Violate or cause to assist in the violation of any provision of this chapter or any provisions of the Atlantic County Recycling Plan concerning recycling;
Place or to cause to be placed any material other than a designated recyclable in or near a recycling dropoff;
Mix or to cause to be mixed any material other than a designated recyclable with designated recyclables either placed at the curb for collection or brought to municipal dropoff.
Notwithstanding any other provision of this chapter, any person who is an owner, lessor or occupant may donate or sell recyclables to any person, partnership or corporation, whether operating for profit or not for profit. These materials may either be delivered to the individual's or organization's site or they may be placed at the curb for collection by said individual or organization on days not designated as recyclable material collection days in the municipality's or designated agent's recycling regulations. In the event materials are donated within the terms of this chapter, it shall be the responsibility of the person or persons accepting the donation to notify the designated Galloway Township Recycling Coordinator so as to afford the municipality proper accounting of weight diverted from the solid waste stream. Prior to collecting any recyclable materials, the person, partnership or corporation, whether operating for profit or not for profit, or a charitable, educational, cultural or religious organization must register with the designated Recycling Coordinator and receive written authorization to make said collections and to use for identification purposes while soliciting.
[Amended 12-13-2016 by Ord. No. 1951-2016]
Any person, firm, corporation or organization that violates § 273-9 of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $2,000, and not more than 30 days' community service, or both.
Any person, firm, corporation or organization that violates any other section of this chapter shall, upon conviction, be subject for a first offense to a fine of not more than $500 or community service of not more than 30 days and for subsequent violation of this chapter within one year of the date of the previous violation shall be subject to an additional fine calculated separately from the fine imposed for the new violation, with such fine being not less than $100 and not more than $2,000 or a period of community service for both violations not exceeding 90 days.
Prior to March 1 of each year, occupants of commercial and institutional establishments, as well as any contractor that has removed recyclables from the Township during the previous year, must provide written documentation to the municipality of the total amount of materials recycled during the preceding year.
Any private or public hauler performing recycling collection for any residence, business or institutional establishment must send copies of weight slips to the Department of Community Education on a monthly basis. This reporting mechanism ensures proper mandatory recordkeeping to meet state statutes.
Weight slips must reflect total weight of recyclables as well as destination. Estimated weights will be acceptable for nondedicated trucks but must reflect historical tonnage. Copies of each weight slip, with destination, should still be submitted, with the portion allotted to Galloway Township noted.
The Department of Public Works, Office of Sustainability, and Department of Public Safety (Construction Office and Police Department) of the Township of Galloway shall be the enforcing agents for this chapter and may issue written warnings and/or summonses returnable to Galloway Township Municipal Court.
The Municipal Court of the Township of Galloway shall have jurisdiction and hear complaints for violations of this chapter.
All ordinances or parts of ordinances in conflict with this chapter are hereby repealed.
If any section, sentence or any part of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder of this chapter, but shall be confined in its effect to the section, sentence or other part of this chapter directly involved in the controversy in which judgment shall have been rendered.
This chapter shall take effect 20 days after final passage and publication according to law, except as provided for in N.J.S.A. 40:69A-181 or N.J.S.A. 40:74-4.