[Adopted 2-18-1988 by Ord. No. 236-88]
A. 
As used in this Article and supplementary ordinances, the following terms shall have the meanings indicated:
ADDITIONAL DESIGNATED RECYCLABLE MATERIALS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL WASTE STREAM
[Added 6-3-2010 by Ord. No. 236.3.2010]
(1) 
White goods and light iron: all 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.
(2) 
Antifreeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
(3) 
Lead-acid batteries: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
(4) 
Used motor oil: petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
(5) 
Tires: rubber-based scrap automotive, truck or specialty (e.g., forklift) tires. The tires must be recycled at a facility approved by the New Jersey Department of Environmental Protection.
ALUMINUM CANS
All containers fabricated primarily of aluminum and commonly used for soda, beer or other beverages and usually having a capacity of between seven and 16 ounces, excluding bimetal cans.
ALUMINUM ITEMS
Foil, prepared food plates and other light aluminum material.
BATTERIES FROM VEHICLES
[Added 6-3-2010 by Ord. No. 236.3.2010]
(1) 
Mercury-containing devices: fluorescent and compact fluorescent tubes (CFT's), high-intensity discharge (HID) and neon lamps, electrical switches, thermostats and any batteries containing mercury.
(2) 
Petroleum-contaminated soil: nonhazardous soils containing petroleum hydrocarbons resulting from spills, leaks or leaking underground storage tanks used for gasoline or any other commercial fuel and which are recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1 et seq. [NOTE: This material can be recycled at Class B facilities (for example, authorized asphalt manufacturers).]
COMMERCIAL BUSINESS
Any organization created to conduct business to generate a profit or engage in commerce.
[Added 6-3-2010 by Ord. No. 236.3.2010]
DESIGNATED RECYCLABLE MATERIALS
[Added 6-3-2010 by Ord. No. 236.3.2010]
(1) 
Aluminum cans: food and beverage containers made entirely of aluminum.
(2) 
Corrugated: containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
(3) 
Glass containers: all glass containers used for packaging food or beverages.
(4) 
Mixed office and computer paper: any and all types of office-type paper, including but not limited to computer paper, high-grade white paper, typing paper, copier paper, onionskin, tissue paper, notepads, envelopes, manila folders and colored paper, or any mix thereof.
(5) 
Newspaper: all paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association Grade Nos. 6, 7 and 8 news).
(6) 
Other paper/magazines/junk mail: all paper which is not defined as corrugated, mixed office paper, computer paper or newspaper.
(7) 
PETE containers: containers such as polyethylene terephthalate (PETE – No. 1) soda bottles, and high-density polyethylene (HDPE – No. 2) milk, water or detergent bottles.
(8) 
Steel cans: rigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages, and a variety of other household and consumer products.
EDUCATIONAL INSTITUTION
A public or private organization whose primary function is to provide educational opportunities to a segment of the population.
[Added 6-3-2010 by Ord. No. 236.3.2010]
GENERATORS OF SOLID WASTE
Includes but is not limited to all residential, commercial, industrial and institutional premises that generate solid waste.
[Added 6-3-2010 by Ord. No. 236.3.2010]
GLASS
Products made from silica or sand, soda ash and limestone which are transparent or translucent, usually utilized to contain fluid matter, including flint (clear), amber and green glass and excluding blue and plate glass.
MUNICIPALITY
The Township of Bethlehem, in the County of Hunterdon and State of New Jersey.
MUNICIPAL RECYCLING DEPOT
Any location or locations designated by the municipality for the receipt and storage of one or more designated recyclable materials.
MUNICIPAL SOLID WASTE STREAM
All residential, commercial, and institutional solid waste generated within the boundaries of any municipality.
[Added 6-3-2010 by Ord. No. 236.3.2010]
OCCUPANT
Any person, including guests, in actual physical possession or occupancy of real property and/or a unit of real property space on a regular basis. For purposes of assigning specific duties or responsibilities, the term, unless the text indicates otherwise, shall mean the owner, tenant, lessee, head of the family or household, or the adult person assuming basic responsibility for the continued renting and/or occupancy of the real property.
[Added 6-3-2010 by Ord. No. 236.3.2010]
OWNER
The person who has legal title of record to a real property.
[Added 6-3-2010 by Ord. No. 236.3.2010]
PAPER
Includes all newspaper, high-grade office paper, fine paper, bond paper, offset paper, mimeo paper, duplicator paper, corrugated cardboard and other cardboard.
RECYCLABLE MATERIALS FROM RESIDENTIAL WASTE STREAM COLLECTED BY HUNTERDON COUNTY
[Added 6-3-2010 by Ord. No. 236.3.2010]
(1) 
Antifreeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
(2) 
Lead-acid batteries: batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries.
(3) 
Used motor oil: petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
(4) 
Household batteries: Any type of button, coin, cylindrical, rectangular or other-shaped enclosed device or sealed container which was utilized as an energy source for commercial, industrial, medical, institutional or household use. This does not include lead acid.
RECYCLING
Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
SOLID WASTE TRANSPORTER
Any individual or company permitted by the New Jersey Department of Environmental Protection to collect and/or transport municipal solid waste within Hunterdon County.
[Added 6-3-2010 by Ord. No. 236.3.2010]
SOURCE SEPARATION OF DESIGNATED RECYCLABLE MATERIALS
The separation and separate bundling of recyclable materials, designated in the Hunterdon County Waste Management Plan, to be kept apart from other solid waste by the generator of the waste for the purpose of collection, disposition and recycling.
[Amended 6-3-2010 by Ord. No. 236.3.2010]
B. 
Other definitions of terms shall be as defined by the New Jersey Statewide Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, and are incorporated by reference herein.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-92 et seq.
[Amended 6-3-2010 by Ord. No. 236.3.2010]
A. 
In accordance with the laws of this state, the Township of Bethlehem shall designate one person as the Municipal Recycling Coordinator. The Recycling Coordinator will be appointed annually by the Township Committee and will serve a one-year term.
B. 
The Municipal Recycling Coordinator shall have all the following duties:
(1) 
Notify all solid waste generators within the municipality of their source separation responsibilities and the requirements of the Municipal Recycling Ordinance two times per year.
(2) 
Maintain records of municipal compliance for a periodic review and update of the municipal land use master plan and development regulations related to recycling from time to time, as needed.
(3) 
Explore opportunities for shared services.
(4) 
If recommended by the Township Committee, attend Rutgers recycling courses.
(5) 
Complete the requirements of a course of instruction in various aspects of recycling program management. (N.J.S.A. 13:1E-99.16)
(6) 
On or before July 1 of each year, submit a recycling tonnage report to the New Jersey Office of Recycling, New Jersey Department of Environmental Protection, and the county in accordance with rules and regulations adopted by the department therefor. (N.J.S.A. 13:1E-99.16)
(7) 
Report to the Township Committee on an annual basis as to the status of the municipal recycling program and attend all meetings that the Township Committee deems to be important, including meetings that may be conducted by the state, the county, or other appropriate organizations.
(8) 
Perform, in a timely manner, all duties enumerated under N.J.S.A. 13:1E-99.16.
(9) 
Perform, in a timely manner, those duties and functions as enumerated in the Hunterdon County District Solid Waste Management Plan and amendments thereto.
(10) 
Assist the Township Committee in enforcing the penalty schedule for violations of this article, which can be found at § 1-15.
(11) 
Issue violation notifications to owners, tenants or occupants of residential and nonresidential premises and issue a summons to appear in the Municipal Court for failure to comply with any provision of this article or any regulation thereof.
(12) 
Maintain a list of New Jersey recycling facilities that have been approved to accept materials construction and demolition materials for recycling.
A. 
The Township of Bethlehem shall designate and establish a Township Recycling Committee. The members of the Township Recycling Committee shall include the Township's Municipal Recycling Coordinator, the Township's appointee to the County Solid Waste Advisory Council, a member of the Environmental Commission, the Township's Road Department Foreman and the Township's Road Commissioner.
[Amended 6-3-2010 by Ord. No. 236.3.2010]
B. 
The Recycling Committee is authorized and directed to establish and promulgate reasonable regulations for the selection and designation and the collection and disposition of designated recyclable materials in accordance with the provisions of this article. Such regulations may be changed, modified, amended or repealed by the municipal governing body.
C. 
At least once every 36 months, the Township Recycling Committee shall conduct a review and make necessary revisions to the Master Plan and the development regulations adopted pursuant to P.L. 1975, c.291 (N.J.S.A. 40:55D-1 et seq.), which revisions shall reflect changes in federal, state, county and municipal laws, policies and objectives concerning the collection, disposition and recycling of designated recyclable materials. (N.J.S.A. 13:1E-99.16).
[Added 6-3-2010 by Ord. No. 236.3.2010]
D. 
At least once every six months, the Township Recycling Committee shall notify all persons occupying residential, commercial, and institutional premises within its municipal boundaries of local recycling opportunities and the source separation requirements of this article. In order to fulfill the notification requirements of this subsection, the governing body of a municipality may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers, or any combination thereof, as the municipality deems necessary and appropriate. (N.J.S.A. 13:1E-99.16).
[Added 6-3-2010 by Ord. No. 236.3.2010]
A. 
From and after the date fixed by regulations promulgated by the Recycling Committee, in accordance with the provisions hereof, it shall be mandatory for all persons who are owners, tenants or occupants of residential and nonresidential premises located within the municipality to separate from all other solid waste the following designated recyclable materials; newspaper, glass (clear, green and brown), aluminum cans, leaves and waste oil. These materials are to be separately bundled and prepared for disposition and recycling in accordance with regulations hereinafter established by the Recycling Committee.
B. 
It shall be a violation of this Article to include or mix designated recyclable materials with other solid waste generated by residential and nonresidential premises. Such solid waste material, when mixed with recyclable materials, shall not be picked up by solid waste refuse haulers and shall be left at the curbside.
A. 
The municipality may provide for curbside collection, subject to its sole and absolute discretion. If the municipality does not provide for curbside collection, owners, tenants and occupants must either (a) retain a contracted hauler at their sole cost and expense to pick up designated recyclable materials (defined below) and/or (b) dispose of said designated materials at the municipal recycling depot, in accordance with the New Jersey Statewide Mandatory Source Separation and Recycling Act[1] and applicable regulations. Designated recyclable materials shall be defined as newspaper, glass (separated by clear, green and brown) and aluminum cans. Owners, tenants and occupants are responsible for ensuring that their contracted haulers comply with this section, the New Jersey Statewide Mandatory Source and Recycling Act and applicable regulations.
[Amended 3-5-2009 by Ord. No. 236.2.2009]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.32 et seq.
B. 
Leaves are to be composted on the property from which they were generated and allowed to degrade without the use of chemical or harmful additives. The burning of leaves is a violation of air quality standards and subject to penalties as provided for by law.
C. 
Waste oil is to be taken to oil retailers and motor vehicle reinspection stations which are required to accept oil within the regulations of the New Jersey Statewide Mandatory Source Separation and Recycling Act.
A. 
At such time as an owner, tenant or occupant of any premises deposits designated recyclable materials at a curbside or other approved location, such materials shall be and become the property of the municipality or its authorized agent. It shall be a violation of this Article for any person to remove such material without the specific written approval of the Recycling Committee.
B. 
Nothing herein shall be construed to prohibit an owner, tenant or occupant of any premises from donating or selling recyclable materials to any person or entity, except that the donor or seller shall report and document to the municipality, within five calendar days, the nature and weight of the material donated or sold.
The present recycling depot, located at the Township Municipal Building on Mine Road, and any depot hereinafter established shall be operated in accordance with regulations established by the Recycling Committee. It shall be a violation of this Article for any person to deposit recyclable materials at any municipal recycling depot at times other than those established by the Recycling Committee and to deposit materials other than those designated as recyclable materials.
The Recycling Committee may authorize individual recycling programs for nonresidential premises, such as industrial, commercial and institutional premises, that recognize the different nature of the solid waste generated by the premises and any special requirements for its collection. These programs shall require that documentation of quantities recycled is provided to show compliance with recycling regulations and municipal, county and state recycling goals.
The municipality shall have the right to dispose of the materials collected by the Recycling Committee utilizing any and all markets available and to enter into agreements for the disposition of recyclable materials for recycling purposes as provided for by law.
The Recycling Committee shall recommend to the municipal governing body a plan and regulations for recycling program that meets county and state requirements. After approval by the municipal governing body, the plan and regulations shall be published according to law and be in effect no sooner than 30 days after the date of publication. Collection of recyclable materials shall commence no later than July 20, 1988. The Recycling Committee may implement a program of public awareness regarding the compliance with this Article.
A. 
Any person, corporation or entity who violates or fails to comply with any provisions of this Article or any regulation promulgated hereunder shall, upon conviction thereof, be subject to the penalties provided by § 1-15 of Chapter 1, General Provisions.
[Amended 2-7-1991 by Ord. No. 255-91]
B. 
Each day that such violation is committed or allowed to continue shall constitute a separate offense and shall be punishable as such.
C. 
Pursuant to regulations and requirements of this Article, it is the responsibility of the Recycling Coordinator or designated agent to issue violation notifications to owners, tenants or occupants of residential and nonresidential premises and to issue a summons to appear in the Municipal Court for failure to comply with any provision of this Article or any regulation thereof.
[Added 6-3-2010 by Ord. No. 236.3.2010]
A. 
All generators of solid waste within the County of Hunterdon shall source-separate from solid waste all those designated recyclable materials as identified in Appendix A of the District Solid Waste Management Plan and amendments thereto.
B. 
Disposition of the source-separated recyclable materials by the generator shall be as prescribed in the Hunterdon County Solid Waste Management Plan and the pertinent Municipal Recycling Ordinance.
C. 
Upon request by the municipality, the generator must provide proof that the generator has contracted solid waste and recycling collection services, including the recycling of used motor oil. The information requested for proof of service may include provision of weight receipts, billing statements or other information detailing the amount of material disposed of as solid waste and recycling. The procedure by which the municipality may request receipts or other documentation must be detailed in the Municipal Recycling Ordinance.
D. 
Failure of the generator to comply with this Municipal Recycling Ordinance shall constitute a violation and subject the generator to those penalties as prescribed herein.
E. 
Responsibilities of property owners:
(1) 
All owners of real property shall ensure that occupants contract for solid waste and recycling collection services.
(2) 
Upon request by the municipality, the generator must provide proof that the generator has contracted solid waste and recycling collection services, including the recycling of used motor oil. The information requested for proof of service may include provision of weight receipts or other information detailing the amount of materials disposed of as solid waste and recycling.
(3) 
Compliance with all other requirements as set by federal, state, county, and municipal laws, policies, and objectives.
F. 
Responsibilities of generators of construction and demolition materials:
(1) 
Upon request, the Municipal Recycling Coordinator will supply applicants for building and demolition permits with a list of New Jersey recycling facilities that have been approved to accept construction and demolition materials for recycling. The New Jersey Department of Environmental Protection will be responsible for approval of the facilities and the preparation of the information. A sample of the information can be found in the Municipal Clerk's office.
(2) 
The generators of construction and demolition materials are required to recycle these materials to the extent they are accepted for recycling by the DEP-approved facilities.
(3) 
The generators must maintain a record and proof of all materials recycled on the project. These records must be filed with the Township Construction Office prior to issuance of a certificate of occupancy (CO) or certificate of approval for a demolition.
(4) 
The Hunterdon County Health Department reserves the right to enter a project site at any time and request a list of recycled materials.
(5) 
Compliance with all other requirements as set by federal, state, county, and municipal laws, policies, and objectives.
G. 
Responsibilities of educational institutions:
(1) 
Each educational institution shall implement a recycling plan and institute a recycling program which instructs faculty and students on how to source-separate from solid waste.
(2) 
Each educational institution shall file a copy of its recycling plan with the Hunterdon County Superintendent of Schools, who will ensure each institutional recycling plan is implemented and maintained.
(3) 
Compliance with all other requirements as set by federal, state, county, and municipal laws, policies, and objectives.