[Adopted 3-26-1987(Ch. 46B of the
1969 Code); amended in its entirety 1-27-2010]
A.
Preamble. Proper management of solid waste is an important matter
of public health and safety. The source separation and recovery of
certain recyclable materials will serve the public interest by conserving
energy and natural resources and reducing waste disposal expenses.
In accordance with the requirements of the New Jersey Mandatory Source
Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the
2009 update to the Monmouth County Solid Waste Management Plan, it
is therefore necessary to update and amend existing municipal rules
and regulations for the separation, storage, collection and recovery
of designated recyclable materials.
B.
Source separation of recyclable materials.
(1)
It shall be mandatory for all persons who are owners, lessees and
occupants of residential property, of business and industrial properties,
and of private or public and government institutions and buildings,
to separate newspaper, corrugated cardboard, clean mixed paper, aluminum
cans, tin and bimetal cans, glass bottles and jars, and pourable plastic
bottles ("designated recyclables") from all other solid waste produced
by such residences and establishments for the separate collection
and ultimate recycling of such materials.
(2)
Residences, businesses and institutions provided with recyclables
collection services by municipal forces or through municipal contract
shall place all designated recyclables in the appropriate containers
at curbside or other areas(s) in the manner and according to the schedule
as regularly published and distributed by the municipality.
(3)
Any multifamily complex, business or institution not provided with
recyclables collection services by municipal forces or through municipal
contract shall be responsible for arranging the appropriate separation,
storage, collection and ultimate recycling of all designated recyclables.
(4)
Any multifamily complex, business or institution which is not provided
with recyclables collection services by municipal forces or through
municipal contract shall provide the municipality with, at a minimum,
an annual report describing arrangements for both solid waste and
recyclables collection services, including the size, number and location
of storage containers, frequency of pickup service, the name and address
of any contractor hired to provide such service, and phone and other
contact information for the contractor.
(5)
Leaves shall be kept separate from other vegetative waste and shall
only be placed for collection in the manner and according to the schedule
as shall be published and distributed by the municipality. Grass clippings
shall not be placed with other materials for solid waste collection.
This requirement shall not prohibit any person or establishment from
making arrangements to collect leaves and grass directly from his,
her or its property through his, her or its own efforts or other appropriate
company, for direct transportation to a permitted recycling operation.
(6)
The following bulky recyclables shall not be placed with solid waste
at the curbside or in containers provided for waste collection and
transportation to a disposal facility: concrete, asphalt, brick, blocks,
tree stumps, tree limbs over three inches in diameter, metal appliances
or bulk metal items larger than one cubic foot and/or heavier than
five pounds.
(7)
Automotive and other vehicle or wet-cell batteries, used motor oil
and antifreeze shall not be disposed of as solid waste. Such items
are to be kept separate from other waste materials and recyclables
and are to be brought to local service stations, scrap yards, or publicly
operated recycling facilities designed and permitted to handle such
products.
(8)
Common, nonrechargeable dry-cell batteries, commonly labeled "A,"
"AA," "AAA," "C," "D" and "9-volt," may be disposed of with regular
municipal solid waste. However, rechargeable dry-cell and button batteries
still contain significant amounts of various toxic metals, including
mercury, and shall be separated and brought to retail outlets or publicly
operated recycling facilities providing specific arrangements for
the proper packaging and shipment of rechargeable and/or button batteries
to appropriate processing facilities.
(9)
Computers, computer monitors and other related electronic hardware,
as well as analog and digital televisions, are prohibited from being
placed with other solid waste for disposal. These and other electronic
devices shall be kept separate and brought to retail outlets or publicly
operated recycling facilities providing specific arrangements for
shipment of these items to appropriate processing facilities.
As used in this article, the following terms shall have the
meanings indicated:
All disposable cans made of aluminum used for food or beverages.
Specifically excluded are aluminum foils, pie tins, trays, cookware
and other aluminum products.
High-grade bond paper, mixed office papers and school papers,
such as stationary, construction paper and writing tablets, including
computer printouts, magazines, gift-wrapping paper, softcover books,
junk mail and single-layer cardboard (chipboard). Specifically excluded
are carbon papers, hardcover books (unless cover and binder are removed),
paper cups and plates, food products, and paper products used for
personal hygiene, such as tissues.
Layered cardboard, including the waffled section between
the layers, of the type commonly used to make boxes and cartons. Specifically
excluded are waxed cardboard and cardboard contaminated by direct
contact with food, such as pizza boxes.
Transparent or translucent containers made from silica or
sand, soda ash and limestone and used for the packaging or bottling
of various products. Specifically excluded are dishware, light bulbs,
window glass, ceramics and other glass products.
Includes paper of the type commonly referred to as "newsprint,"
and includes any inserts which are normally included in the newspaper.
Specifically excluded are any pages of the newspaper used for household
projects and crafts, such as painting or papier-mache projects, or
used for cleanup of pet waste.
Plastic bottles that have a neck that is smaller than the
body of the container; limited to plastic resin Type No. 1 PET and
plastic resin Type No. 2 HDPE. Specifically excluded are other resin
types (No. 2 through No. 7)and not bottle plastic containers such
as margarine tubs and other consumer items and packages, such as film
plastics, blister packaging, boxes, baskets, toys and other products.
All disposable cans made of tin, steel or a combination of
metals, including, but not limited to, containers commonly used for
food products. Specifically excluded are cans which contain toxic
products, such as paints and oils.
A.
The position of Recycling Coordinator is hereby created and established
within the municipality. The Recycling Coordinator be appointed by
the governing body for a term of one year expiring December 31 of
each year.
B.
The duties of the Recycling Coordinator shall include, but are not
limited to:
(1)
The preparation of annual or other reports as required by state and
county agencies regarding local solid waste and recycling programs;
(2)
Reviewing the performance of local schools and municipal agencies
in conducting recycling activities;
(3)
Periodic review of local residential and business recycling practices
and compliance;
(4)
Review and recommendation on local subdivision and site plan submittals
and local construction and demolition projects for appropriate waste
disposal and recycling provisions;
(5)
Reports to the governing body on the implementation and enforcement
of the provisions of this article; and
(6)
Such other reports and activities as may be requested by governing
body.
C.
The Recycling Coordinator shall be required to comply with the certification
requirements for municipal recycling coordinators, as established
by the State of New Jersey. The Recycling Coordinator shall have completed
or be in the process of completing the requirements for certification
as a certified recycling professional (CRP) no later than January
13, 2012, as required by the New Jersey Recycling Enhancement Act.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.16 et seq.
All designated recyclables become the property of the municipality
and/or the contracted collector once placed at the curbside, in a
container provided by the contractor, or brought to and accepted at
the Municipal Recycling Depot.
It shall be a violation of this section for any unauthorized
person to pick up or cause to be picked up any recyclable materials
as defined herein. Each such collection shall constitute a separate
and distinct offense.
Notwithstanding anything herein to the contrary, any person
may donate or sell self-generated recyclable materials to any person,
partnership or corporation, whether or not operating for profit. The
person, partnership or corporation, however, shall not pick up the
recyclable materials at curbside.
A.
No liquids of any type shall be placed with recyclables or solid
waste for collection and disposal.
B.
No chemicals, liquid paints, pesticides, herbicides, reactive polishes
or cleaners, cleaning or automotive products, or other hazardous waste
shall be placed with recyclables or solid waste for collection and
disposal.
A.
All apartment and other multifamily complexes, businesses, schools
and other public or private institutions shall provide separate and
clearly marked containers for trash and the various types of recyclables,
as appropriate, for use by residents, students, employees, customers
or other visitors.
B.
Any company or agency providing dumpsters, roll-offs or other containers
to any apartment or other multifamily complex with shared disposal
and recycling areas, or to any business, school or other institution,
or for any construction/demolition project shall clearly mark such
containers for trash or for specific recyclables, as may be appropriate.
A.
The municipality shall issue construction and demolition permits
only after the applicant has provided a debris management plan identifying
the estimated number and types of containers to be used for the handling
of all solid wastes and recyclables generated during the project and
arrangements for the proper disposition of the generated materials.
B.
A refundable deposit of $50 to $1,000 shall be submitted with the
debris management plan, which will be returned after completion of
the project and submittal of appropriate records documenting the quantity
and disposition of solid wastes and recyclables. The Township reserves
the right to waive the deposit requirement for minor construction
projects. Inadequate or incomplete documentation may result in the
forfeiture of some or all of the required deposit.
A.
The duly appointed Municipal Recycling Coordinator, the Monmouth
County Health Department, the Colts Neck Code Enforcement Officer
and the Colts Neck Police Department are hereby jointly and severally
empowered to inspect solid waste and recycling arrangements and compliance
at local residences, businesses, schools and institutions, and to
enforce the provisions of this article, by issuance of warnings, notices,
summonses and complaints. A typical inspection may consist of sorting
through containers and opening bagged solid wastes to detect the presence
of recyclable materials.
B.
The authorized inspector may, in his or her discretion, issue a warning
rather than a summons following an initial inspections(s), with a
follow up visit to determine compliance within a stated period of
time.
Violations of the provisions of this article shall be punishable as provided in § 1-9 of this Code.