[HISTORY: Adopted by the Mayor and Council
of the Borough of Andover 6-27-1988 by Ord. No. 250. Amendments noted where
applicable.]
[Amended 7-12-2010 by Ord. No. 2010-4]
As used in this chapter, the following terms shall have the
meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Sussex County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include:
As defined by the Sussex County Solid Waste Management Plan,
standards for residential generators of solid waste:
ALUMINUM CANSFood and beverage containers made entirely of aluminum.
COMPUTER PRINTOUT/WHITE LEDGERAll computer paper and all high-grade white paper (including letterhead, typing, copier, onionskin, tissue and notepad paper).
CORRUGATEDContainers, brown grocery bags and similar paper items, usually used to transport supplies, equipment, parts or other merchandise.
GLASS CONTAINERSAll glass containers used for packaging food or beverages.
LEAVES and BRUSHLeaves, brush and other yard trimmings, including grass clippings, from institutional, commercial or industrial sources.
MAGAZINES and JUNK MAIL MAGAZINE STOCKWhite and colored paper, envelopes, telephone directories and books.
MIXED OFFICE PAPERItems listed in the computer printout/white ledger category when mixed with envelopes, manila folders and colored paper; material generated by commercial/institutional sources.
NEWSPAPERAll paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute Grade Nos. 6, 7 and 8 news).
PLASTIC CONTAINERSContainers such as polyethylene terephthalate (PETE No. 1) soda bottles and high-density polyethylene (HDPE No. 2) milk, water and detergent bottles.
STEEL CANSRigid 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.
STUMPS, LOGS and TREE PARTSUnfinished wood from land-clearing projects, storm damage or pruning activities.
TEXTILESTextiles larger than 15 inches by 15 inches (e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belts, shoes, handbags and small stuffed animals).
TIRESRubber-based scrap automotive and truck tires.
USED MOTOR OILPetroleum-based or synthetic oil, whose use includes but is not limited to lubrication of internal combustion engines, which, through use, storage or handling, has become unsuitable in its original purpose due to the presence of impurities or loss of original properties.
As defined by the Sussex County Solid Waste Management Plan,
standards for nonresidential generators of solid waste (commercial
and institutional sectors):
ALUMINUM CANSFood and beverage containers made entirely of aluminum.
ANTIFREEZEAutomotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
COMPUTER PRINTOUT/WHITE LEDGERAll computer paper and high-grade white paper (to include letterhead, typing, copier, onionskin, tissue and notepad paper).
CONCRETE, CONCRETE PAVING STONES, ASPHALTAsphalt, concrete block and pavers, brick, cinder block, patio blocks and any other masonry or paving materials.
CONSUMER BATTERIESAny type of button, coin, cylindrical, rectangular or other-shaped enclosed device or sealed container which is utilized as an energy source for commercial, industrial, medical, institutional or household use; does not include lead-acid batteries from vehicles.
CORRUGATEDContainers, brown grocery bags and similar paper items used as dunnage in the packaging and transporting of equipment and supplies or other merchandise.
GLASS CONTAINERSAll glass containers used for packaging food or beverages.
HEAVY IRONAll structural steel or ferrous metal, including cast-iron components.
LEAD-ACID BATTERIESBatteries from all vehicles, heavy equipment and machinery that are stored in a manner that protects them from the elements to avoid corrosion and leakage.
LEAVES and BRUSHLeaves, brush and other yard trimmings, including grass clippings, from institutional, commercial or industrial sources.
MAGAZINES and JUNK MAILMagazines, flyers and mailers of magazine stock, glossy white and colored paper, and envelopes, telephone directories and books.
MERCURY-CONTAINING DEVICESInclude fluorescent and compact tubes, high-intensity discharge (HID) and neon lamps, electrical switches, thermostats, thermometers and any batteries containing mercury.
MIXED OFFICE PAPERItems listed in the computer printout/white ledger category when mixed with envelopes, manila folders and colored paper, generated by commercial/institutional sources.
NEWSPAPERAll paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute Grade Nos. 6, 7 and 8 news).
NONFERROUS AND ALUMINUM SCRAPAll noncontainer aluminum, stainless steel, copper, zinc, brass and other metals, which generally do not rust.
PLASTIC CONTAINERSContainers such as polyethylene terephthalate (PETE No. 1) soda bottles and high-density polyethylene (HDPE No. 2) milk, water and detergent bottles and food containers.
SCRAP AUTOSCrushed or shredded automobile or truck bodies, excluding auto shredder residue or fluff.
STEEL CANSRigid containers made exclusively or primarily of steel, tin-plated steel and composite steel and aluminum used to store food, beverages, paint and a variety of other household and consumer products.
STUMPS, LOGS and TREE PARTSUnfinished wood from land-clearing projects, storm damage or pruning activities.
TEXTILESTextiles larger than 15 inches by 15 inches (e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belts, shoes, handbags and small stuffed animals).
TIRESRubber-based scrap automotive and truck tires.
USED CONSUMER ELECTRONICSAny appliance used in a business that includes circuitry; includes components and subassemblies of electronic products, computers and peripherals, i.e., monitors, surge suppressors, APUs, printers, copiers, VCRs and televisions, cell phones, fax machines, etc.
USED MOTOR OILPetroleum-based or synthetic oil, whose use includes but is not limited to lubrication of internal combustion engines, which, through use, storage or handling, has become unsuitable in its original purpose due to the presence of impurities or loss of original properties.
WHITE GOODS and LIGHT IRONAll 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, and other nonstructural ferrous scrap.
WOOD SCRAPUnfinished lumber from construction or demolition projects, including pallets. "Unfinished" shall mean non-chemically-treated, that is, not pressure-treated, impregnated with preservatives, insecticides, fungicides, creosote or other chemicals, and not painted, resin-coated or otherwise surface-treated, and not laminated or bonded, and not similarly altered from its natural condition.
Any building or structure, or complex of buildings, in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (see N.J.S.A.
13:1E-99.13a.), and shall include hotels, motels or other guesthouses
serving transient or seasonal guests, as those terms are defined under
Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law,
P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
The person or persons, appointed by the municipal governing
body, who shall be authorized to, among other things, enforce the
provisions of this chapter and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Borough
of Andover.
An individual, partnership, corporation or other legal entity.
Those materials which would otherwise become solid waste
and which may be collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
Recyclable materials which are separated from solid waste
at the point of generation by the generator thereof for the purposes
of recycling.
The process by which recyclable materials are separated from
solid waste at the point of generation by the generator thereof for
the purposes of recycling.
[Amended 7-12-2010 by Ord. No. 2010-4]
It shall be mandatory for all persons who are owners, tenants,
or occupants of residential and nonresidential premises, which shall
include but not be limited to retail and other commercial locations,
as well as government, school and other institutional locations, within
the Borough of Andover to separate designated recyclable materials
from all solid waste. Designated recyclable materials shall be deposited
separate and apart from other solid waste generated by the owners,
tenants or occupants of such premises and shall be placed separately
at the curb in a manner and on such days and times as may be hereinafter
established by regulations promulgated by the Borough of Andover.
[Amended 7-12-2010 by Ord. No. 2010-4]
A.
Owners, tenants and occupants of residential properties, either single-family
or multifamily, at such times as the Borough provides pickup service,
shall place recyclable materials for curbside collection on such days
and times as may be hereinafter established by regulations promulgated
by the Borough of Andover. If the Borough does not provide pickup
service or if such pickup service is not provided by an authorized
collector, said owners, tenants and occupants shall deliver such materials
to the Borough mobile unit, if provided, or to the Sussex County Municipal
Utilities Authority Solid Waste/Recycling Facility off Route 94, Lafayette,
New Jersey. Any owners, tenants and occupants may contract with an
authorized collector to designate a collection point on their property
other than at the curbside, in which case the designated recyclable
materials shall be deposited separate and apart from other solid waste
generated by the owners, tenants or occupants of such premises.
B.
Owners, occupants and operators of nonresidential property shall
place recyclable materials on their property at such places as they,
by contract, have agreed to with an authorized collector. If no such
contractual agreement has been made, they shall deliver said recyclables
to the Borough mobile unit, if provided, or to the Sussex County Municipal
Utilities Authority Solid Waste/Recycling Facility off Route 94, Lafayette,
New Jersey.
C.
The collection and/or delivery of recyclable material shall be in
the manner prescribed as follows:
(1)
Glass shall be cleaned and/or rinsed. All tops shall be removed.
(2)
Aluminum and bimetal cans shall be rinsed.
(3)
Plastic containers (Nos. 1 through 7) shall be cleaned and/or rinsed.
All tops shall be removed.
(4)
Magazines
and junk mail shall be bundled separately, cross-tied and secured
in bundles not to exceed 50 pounds.
(5)
Newspaper
shall be bundled separately, cross-tied and secured in bundles not
to exceed 50 pounds.
(6)
Corrugated/cardboard
containers shall be knocked down and secured in bundles not to exceed
50 pounds.
(7)
All
receptacles or dumpsters shall be kept in a clean and safe manner.
[Amended 7-12-2010 by Ord. No. 2010-4]
Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a
municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source-separation
requirements of this chapter, which require persons generating municipal
solid waste within its municipal boundaries to source-separate from
the municipal solid waste stream the specified recyclable materials,
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this chapter, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials; a certification that the designated recyclable
materials will be recycled; and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
[Amended 7-12-2010 by Ord. No. 2010-4]
A.
It shall
be unlawful for solid waste collectors to collect solid waste that
is mixed with, or contains visible signs of, designated recyclable
materials. It is also unlawful for solid waste collectors to remove
for disposal those bags or containers of solid waste which visibly
display a warning notice sticker or some other device indicating that
the load of solid waste contains designated recyclable materials.
B.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing nonsegregated solid waste and recyclables to accumulate will
be considered a violation of this chapter and the Local Sanitary Code.
C.
Once placed in the location identified by this chapter, or any rules
or regulations promulgated pursuant to this chapter, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove or otherwise handle designated recyclable materials.
Anything herein to the contrary notwithstanding,
any person may donate or sell recyclables to any person, partnership
or corporation, whether said purchaser or recipient is operating for
profit or not for profit. No person, partnership or corporation other
than charitable organizations shall, however, under any circumstances,
pick up said recyclables from within the Borough of Andover collection
or at the Borough mobile unit. Materials dropped off at the Borough
mobile unit shall become the property of Andover Borough. Materials
dropped off at the County Recycling Facility shall become the property
of the County of Sussex.
The Borough Council shall promulgate reasonable
regulations establishing the commencement dates for mandatory separation
of recyclables and the manner, dates and times for the collection
of the same in accordance with the terms of this chapter. A copy of
such regulations, as approved, modified or amended, shall be available
for public inspection in the office of the Borough Clerk during regular
office hours.
[Amended 7-12-2010 by Ord. No. 2010-4]
The Code Enforcement Official, the Board of Health, the Recycling
Coordinator and the Sussex County Department of Health are hereby
individually and severally empowered to enforce the provisions of
this chapter. An inspection may consist of sorting through containers
and opening solid waste bags to detect the presence of any recyclable
material.
[Amended 7-12-2010 by Ord. No. 2010-4]
A.
Any person, corporation, occupant or entity that violates or fails
to comply with any provision of this chapter or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250 nor more than $1,000. Each
day on which a violation of this chapter occurs shall be considered
a separate offense.
B.
Fines levied and collected pursuant to the provisions of this chapter
shall be immediately deposited into the Municipal Recycling Trust
Fund or equivalent. Monies in the Municipal Recycling Trust Fund shall
be used for the expenses of the Municipal Recycling Program, including
purchase of containers for distribution, educational materials or
inspection costs.
[Added 7-12-2010 by Ord. No. 2010-4]
The owner of any property shall be responsible for compliance
with this chapter. The management or owner of multifamily dwellings
is responsible for setting up and maintaining the recycling system,
including collection of recyclable materials, in accordance with guidelines
or regulations established by the appropriate municipal office. Violation
and penalty notices will be directed to the owner or management in
those instances where the violator is not easily identifiable. The
management or owner shall issue notification and collection rules
to new tenants when they arrive and every six months during their
occupancy.
[Added 7-12-2010 by Ord. No. 2010-4]
A.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this chapter.
B.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner, or his/her designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide out-of-doors
litter receptacles and disposal service for their contents shall also
provide receptacles for designated recyclable materials for the contents
commonly deposited in those litter receptacles and shall provide for
separate recycling service for their contents.
C.
Every business, institution or industrial facility shall issue a
report on an annual basis to the Recycling Coordinator, on such forms
as may be prescribed, detailing recycling activities at their premises,
including the amount and type of recycled material collected and recycled
and the vendors providing recycling service.
D.
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 such records as may be prescribed
for inspection by any Code Enforcement Officer.
[Added 7-12-2010 by Ord. No. 2010-4]
A.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c, any application
to the Planning/Zoning Board of the Borough of Andover for subdivision
or site plan approval for the construction of multifamily dwellings
of three or more units, single-family developments of 50 or more units
or any commercial, institutional or industrial development for the
utilization of 1,000 square feet or more of land must include a recycling
plan. This plan must contain, at a minimum, the following:
(1)
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development (Note:
A calculation of average amounts of materials generated from similar
facilities in the county may be provided to satisfy this requirement);
and
(2)
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants and
occupants. The recycling area shall be of sufficient size, at a convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
B.
Prior to the issuance of a certificate of occupancy by the Borough
of Andover, the owner of any new multifamily housing or commercial,
institutional or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials in those instances
where the municipality does not otherwise provide this service.
C.
Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
[Added 7-12-2010 by Ord. No. 2010-4]
If any section or provision of this chapter shall be held unconstitutional
or invalid by any court of competent jurisdiction, the same shall
not affect the other sections or provisions of this chapter, except
so far as the section or provisions so declared unconstitutional or
invalid shall be inseparable from the remainder of any portion thereof;
and all other sections and provisions shall remain in effect.
