[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:
ALUMINUM CANSFood and beverage containers made entirely of aluminum.
ALUMINUM SCRAP; NONFERROUS SCRAPAll noncontainer aluminum, including auto parts, siding, aircraft parts, lawn chairs, window and door frames, pots and pans and foil pie plates. Nonferrous scrap consists primarily of copper and zinc; copper generally takes the form of cable (utility wires), plumbing, wire harnesses, motors, house wiring and bulky items.
An automotive engine coolant.
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).
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).
All computer paper; all high-grade white paper (including
letterhead, typing paper, copier paper, onionskin, tissue and notepad).
Building material or demolition material that is recyclable;
includes wood, plaster, drywall and wallboard, metals, asphaltic substances,
bricks, block and unsegregated concrete.
Computer central processing units and associated hardware,
including keyboards, modems, printers, scanners and fax machines,
televisions, VCRs, DVDs, stereo components and cell phones.
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.
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 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.
All glass containers for packaging food or beverages. Expressly
excluded are noncontainer glasses, plate or window glass, dishes,
mirrors, drinkware, tableware, porcelain or ceramics.
Includes flashlight, radio, camera, watch, toy and hearing
aid batteries. Excluded are boat and automobile batteries. Rechargeable
batteries are recyclable.
Those facilities that house or serve groups of people, including,
but not limited to, hospitals, schools, nursing homes, libraries and
government offices.
All magazine stock, white and colored paper and envelopes.
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.
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.
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).
All noncontainer glass such as plate glass, drinking glasses,
and automotive glass.
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.
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.
Includes all bottles and jars.
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.
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.
As used herein shall include refrigerators, freezers, water
heaters, washers, dryers, metal sheds and any other type of bulk metal
household item.
That which is defined as solid waste in N.J.A.C. 7:26-1.6.
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.
Leaves, grass clippings, stumps, brush, and other lawn and
garden trimmings from homes, institutions, and commercial and industrial
sources.
A.
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."
B.
Designated recyclables for the municipality's curbside program
consist of the following materials:
(1)
Paper;
(2)
Corrugated cardboard;
(3)
Glass;
(4)
Aluminum, tin, steel, bimetal, and aerosol containers;
(5)
Plastic bottles, Nos. 1, 2, 3, 4, 5, 6, and 7;
(6)
Leaves; 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.
A.
Any hauler that collects trash from any residence will also provide
collection of recyclables to the same.
B.
Recyclable items collected within this Township by private haulers
must be collected in separate vehicles from trash.
C.
Recyclable items must be picked up in such a way that they will remain
in marketable condition.
(1)
All recyclable material and solid waste must be source-separated
prior to collection (by the customer) and remain source-separated
throughout the collection process.
D.
All residential collection for recyclables must be done minimally
on a biweekly basis.
E.
All commercial/institutional recycling will be done either weekly
or biweekly, based on needs of said establishment.
F.
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.
A.
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.
B.
Designated recyclables for the public dropoff program established
pursuant to this section shall consist of the following materials:
(2)
Rechargeable household batteries (Galloway Road only).
(3)
Ferrous scrap metal (Galloway Road only).
(4)
White goods (Galloway Road only).
(5)
Bulky rigid plastics (Galloway Road only).
(6)
Consumer electronics: televisions, computer monitors, computer towers,
laptop computers (Galloway Road only).
(7)
Yard trimmings: leaves, branches and grass clippings (Galloway Road
only).
(8)
The following additional residential designated recyclables in accordance
with Atlantic County Ordinance No. 9-2014:
(a)
Auto/truck bodies. (NOTE: These materials shall be recycled
at the Atlantic County Utilities Authority.)
(b)
Tires. (NOTE: Tires can be recycled at ACUA or at the point
of purchase of new tires.)
(c)
CFC refrigerants. (NOTE: These materials shall be recycled at
the Atlantic County Utilities Authority.)
(d)
Oil-contaminated soil. (NOTE: These materials shall be recycled
at the Atlantic County Utilities Authority.)
(e)
Textiles. (NOTE: Textiles can be recycled at any textile bin.)
(f)
Asphalt and concrete. (NOTE: These materials shall be recycled
at the Atlantic County Utilities Authority.)
(g)
Contaminated soil. (NOTE: These materials shall be recycled
at the Atlantic County Utilities Authority.)
(h)
Stumps. (NOTE: These items can be recycled at ACUA or through
any Class C recycling facility.)
(i)
Christmas trees. (NOTE: These items can be recycled at ACUA
or through any Class C recycling facility.)
(j)
Motor oil. (NOTE: These are residential materials and must be
recycled through ACUA household hazardous waste collections.)
(k)
Kerosene. (NOTE: These are residential materials and must be
recycled through ACUA household hazardous waste collections.)
(l)
Home heating oil. (NOTE: These are residential materials and
must be recycled through ACUA household hazardous waste collections.)
(m)
Propane tanks. (NOTE: These materials shall be recycled at the
Atlantic County Utilities Authority.)
(9)
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.
C.
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:
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
(1)
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;
(2)
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).
D.
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.
(1)
Adequate storage space within each unit for recyclables must be available
to all homeowners' association residents, multifamily dwelling
residents, and apartment complex residents/renters.
E.
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.
A.
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.
B.
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.
C.
Any proposals for new housing must incorporate provisions for internal
recycling space or enclosed external recycling space in each dwelling
unit.
D.
The Township Master Plan must incorporate a recycling plan element
and must be updated for recycling every three years.
E.
All Planning Board approvals shall be conditional upon compliance
with this section.
A.
All commercial and institutional establishments within this municipality
shall source-separate recyclables and arrange for their collection.
(1)
All source-separated materials must be collected in separate trucks,
maintaining the source separation and allowing the recyclable materials
to remain in marketable condition.
(2)
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.
(3)
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.
B.
Designated recyclables for the mandatory commercial and institutional
source separation program shall consist of the following materials:
(1)
Computer printout/white ledger;
(2)
Mixed office paper;
(3)
Glass, food and beverage containers;
(4)
Aluminum, tin, steel, bimetal, aerosol cans;
(5)
Plastic bottles and jars, Nos. 1, 2, 3, 4, 5, 6 and 7;
(6)
Rechargeable household batteries;
(7)
Yard trimmings, including leaves, grass clippings and branches;
(8)
Auto/truck bodies;
(9)
CFC refrigerants;
(10)
Oil-contaminated soil;
(11)
Oil filters;
(12)
Textiles;
(13)
White goods;
(14)
Ferrous scrap;
(15)
Consumer electronics;
(16)
Fluorescent bulbs;
(17)
Tires;
(18)
Asphalt and concrete;
(19)
Brick and block;
(20)
Stumps;
(21)
Christmas trees;
(22)
Motor oil;
(23)
Kerosene;
(24)
Home heating oil;
(25)
Propane tanks;
(26)
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.
C.
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.
D.
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.
(1)
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.
A.
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.
A.
It shall be unlawful for any person to:
(1)
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;
(2)
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;
(3)
Place or to cause to be placed any material other than a designated
recyclable in or near a recycling dropoff;
(4)
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]
A.
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.
B.
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.
A.
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.
(1)
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.
