[HISTORY: Adopted by the Township Council
of the Township of Pohatcong as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 95.
Hazardous materials — See Ch. 158.
Junkyards — See Ch. 172.
Littering — See Ch. 182.
Property maintenance — See Ch. 222.
Stormwater pollution control — See Ch. 239.
Abandoned vehicles — See Ch. 269.
Garbage, rubbish and refuse - See Ch. 292.
Public health nuisances — See Ch. 296.
[Adopted 9-11-1990; amended in
its entirety 12-2-2008 by Ord. No. 08-22]
As used in this article, the following terms
shall have the meanings indicated:
Cans made entirely of aluminum. Excluded from this category
are aluminum foil, aluminum pie pans or freezer pans, and aluminum
siding.
All automotive engine coolant consisting of a mixture of
ethylene glycol and water or propylene glycol and water.
Batteries (lead acid) from automobiles, trucks, other vehicles
and machinery and equipment. This does not include consumer 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.
Nonresidential, nonindustrial and noninstitutional, referring
to establishments including but not limited to those used for retail
sales, wholesale sales, dining, cafeteria or fast-food services, offices,
professional services, warehousing, and other commerce or business.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Asphalt or asphalt-based roofing shingles, concrete, brick,
cinder block, ceramic materials, stones, other masonry materials and
paving materials.
A type of paper-based material in which a portion has been
made to have a wavy surface, alternating ridges and grooves, which
portion is sandwiched between two flat surfaces, often used to make
cartons and other containers.
Aluminum cans, computer paper, glass containers, corrugated
cardboard, office paper, plastic bottles, steel cans, newspaper, and
other paper/magazines/junk mail.
Bottles and jars made of silica, soda ash and limestone,
being transparent or translucent and breakable, and shall not include
containers made of plastic (resin-based) materials of any kind, nor
window glass or other plate glass, nor ceramics, china or crockery.
Any building, including but not limited to any
related structure, accessory building, and land appurtenant thereto,
and any part thereof, which contains 10 or more units of dwelling
space or has sleeping facilities for 25 or more persons and is kept,
used, maintained, advertised as, or held out to be a place where sleeping
or dwelling accommodations are available to transient or permanent
guests.
This definition shall also mean and include
any hotel, motor hotel, motel, or established guest house, which is
commonly regarded as a hotel, motor hotel, motel, or established guest
house, as the case may be, in the community in which it is located;
provided that this definition shall not be construed to include any
building or structure defined as a multiple dwelling in this article,
registered as a multiple dwelling with the Commissioner of Community
Affairs as hereinafter provided, and occupied or intended to be occupied
as such; nor shall this definition be construed to include a rooming
house or a boardinghouse as defined in the Rooming and Boarding House
Act of 1979, P.L. 1979, c. 496 (N.J.S.A. 55:13B-1 et seq.) or, except
as otherwise set forth in P.L. 1987, c. 270 (N.J.S.A. 55:13A-7.5,
55:13A-7.6, 55:13A-12.1, and 55:13A-13.2), any retreat lodging facility,
as defined in that section.
An established and recognized organization dedicated to public
service or the common weal, including, without limitation, religious,
educational, health-care and government establishments.
HEAVY IRONAll ferrous scrap, structural steel or cast-iron components.
NONFERROUS AND OTHER ALUMINUM SCRAPAll noncontainer aluminum, stainless steel, copper, zinc, brass and other metals, which generally do not rust.
WHITE GOODS and LIGHT IRONAll 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.
A 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.
Any building or structure or complex of buildings in which
three or more dwelling units are rented or leased or offered for rental
or lease for residential purposes (see N.J.S.A. 13:1E-99.13a), except
hotels, motels, or other guest houses 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 and who shall be authorized to enforce the provisions of this
article 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 municipality
of Pohatcong.
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).
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.
All paper which is not defined as corrugated, mixed-office
paper, computer paper or newspaper. Examples are as follows: magazine
stock, telephone directories, wrapping paper, chip board, books and
grocery bags. (Paper coated with plastic, film or foil and paper contaminated
with food should not be included.)
Containers such as polyethylene terephthalate (PETE - No.
1) soda bottles; high-density polyethylene (HDPE - No. 2) milk, water
or detergent bottles; vinyl (V - No. 3), low-density polyethylene
(LDPE - No. 4) containers; polyvinyl chloride (PVC - No. 5) bottles;
and rigid and foam polystyrene (PS - No. 6).
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.
Any person who owns, leases, rents or occupies one or more
dwellings in the Township of Pohatcong, including owners of multiple-unit
dwellings who are residents in the Township.
Crushed or shredded automobile or truck bodies, excluding
auto shredder residue or “fluff.”
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
Rigid containers made exclusively or primarily of steel or
tin-plated steel and steel and aluminum cans used to store food, beverages,
paint and a variety of other household and consumer products, including
motor oil filters.
Rubber-based scrap automotive, truck or specialty (e.g.,
forklift) tires.
Unfinished lumber. Included in this definition are wooden
pallets. Utility poles are not recyclable.
BRUSH/TREE PARTSBranches and wood chips generated from residential and institutional sources (e.g., storm damage and pruning activities).
GRASS CLIPPINGSGrass clippings derived from the mowing of lawns or other grassy areas.
LEAVESLeaves and other yard debris, excluding grass and brush, from residential, institutional, commercial or industrial sources.
STUMPSUnfinished wood from commercial land-clearing activities. NOTE: This material must be recycled at a registered, exempted or pending Class B recycling facility.
There is created within the administration of
the Township of Pohatcong the office of Recycling Coordinator, who
shall be a member of the Pohatcong Environmental Commission nominated
by the Chairman of the said Commission and appointed by the Mayor
with the consent of the Township Council. The duties of the said Coordinator
shall include, without limitation, the development of recycling program
recommendations for the Township, which shall be in conformity with
the Act, which shall be proposed to the Township Council with the
advice and consent of the Environmental Commission, and which shall
be adopted and implemented as the Township Council shall from time
to time ordain. The said Coordinator shall also be responsible for
the implementation of the recommendations as adopted by the Township
Council. The Recycling Coordinator shall serve at the pleasure of
the Township Council, without salary.
A.
Mandatory source separation: 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, schools
and other institutional locations within the Township of Pohatcong,
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 Township of Pohatcong.
B.
Exemptions. 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 the ordinance which requires 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 article, 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; and a certification
that the designated recyclable materials will be recycled, and that,
at least on an annual basis, said recycling service provider shall
provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
Residents shall separate designated materials, prepare or package them as specified in § 237-5 below, and shall place them, except for yard material, used motor oil, automobile batteries and tires, and such other recyclables as the Township Council may from time to time exempt from this basic procedure, at the curb in front of their homes or places of business no earlier than the night before the scheduled pickup day for recyclables. Residents may transport all grass clippings and other yard material, including leaves collected other than during the Fall season, with the exception of stumps, to the designated facility provided by the Township on municipal property at the times and on the days designated from time to time by the Township. During the Fall season, leaves may be raked into the street for collection by the Township.
A.
Designated recyclable materials shall be preprocessed
as follows:
(1)
Newspapers shall be separated from all other kinds
of paper and tied into bundles no larger than 12 inches high using
rope or twine but not wire or other metal material.
(2)
Plastic containers shall be rinsed clean.
(3)
Office paper and other high-quality paper shall be
separated from all other kinds of paper and tied into bundles no more
than 12 inches high using rope or twine but not wire or other metal
material.
(4)
Glass containers shall be rinsed clean and all metal
elements or components removed.
(5)
Aluminum containers shall be rinsed thoroughly. Crushing
or other volumetric reduction is not necessary.
(6)
Steel cans shall be rinsed thoroughly, at least one
end shall be removed entirely and placed, if possible, inside the
container, and the container shall be crushed.
(7)
Motor oil shall be captured as drained from the vehicle
and delivered to a gasoline service or filling station authorized
to dispose of such material or to such other destination as the Township
Council shall from time to time designate.
(8)
Tires shall be removed from the wheel rim and delivered
to the Warren County Recycling Center in White Township at such times
as the Warren County Recycling Coordinator may specify.
(9)
Yard material, with the exception of stumps, shall
be delivered to the Township composting facility at such times as
the Township Council may from time to time specify. During the Fall
season, leaves (but not other yard wastes) shall be raked into the
street close to the curb for pickup by the Township.
(10)
Household batteries of all sizes shall be segregated
from all other wastes in plastic lock-top sandwich-type bags and placed
next to, but separate from, other recyclables at curbside.
(11)
Used automobile batteries shall be delivered to a
gasoline service or filling station authorized to dispose of such
material or to such other destination as the Township Council shall
from time to time designate.
(12)
Scrap autos shall be delivered to a private
scrap yard authorized to dispose of such material.
(13)
Metal items shall be delivered to a private
scrap yard authorized to dispose of such material.
(14)
Other paper/magazines/junk mail shall be separated
from all other kinds of paper and tied into bundles no more than 12
inches high using rope or twine but not wire or other metal material.
(15)
Concrete/asphalt and masonry/paving materials
shall be recycled at a registered, exempted or pending Class B recycling
facility.
(16)
Stumps shall be recycled at a registered, exempted
or pending Class B recycling facility.
(17)
Wood scraps shall be recycled at a registered,
exempted or pending Class B recycling facility.
B.
All containers and brown paper bags containing recyclable
materials shall be placed, prior to collection, between the curb and
the sidewalk, or, in the absence of curb and sidewalk, as near to
the street as not to constitute a danger, where such receptacles shall
be readily accessible to the collector without providing obstruction
to pedestrians. The owner or occupant of the premises shall keep all
receptacles clean and in safe handling condition. Receptacles or other
items to be disposed of shall be placed as noted above anytime after
6:00 p.m. of the day immediately preceding the day of collection,
but not later than 7:00 a.m. of the day of collection. After collection,
any containers shall be removed from the curbside by no later than
7:00 p.m. of the day of collection.
C.
All receptacles or dumpsters shall be maintained in
accordance with the Health Code of the Township of Pohatcong.
A.
The owners/occupants of single-family and two-family
dwellings shall be responsible for compliance with this article.
B.
For multifamily units, the management or owner is
responsible for setting up and maintaining the recycling system, including
the designation of a building/complex recycling coordinator who will
oversee the recycling system, which includes the collection of recyclable
materials.
C.
Violation and penalty notices will be directed to
the owner, occupant, 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.
A.
All commercial, business, or industrial facilities
shall be required to comply with the provisions of this article.
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 outdoor
litter receptacles and disposal service for their contents shall also
provide receptacles for designated recyclable materials, for those
materials commonly deposited, in the location of the litter receptacle
and shall provide for separate recycling service for their contents.
C.
Annually, every business, institution, or industrial
facility shall report to the Municipal Recycling Coordinator the recycling
activities undertaken at its premises, including the amount of recycled
material, by material type, collected and recycled and the vendor
or vendors providing recycling service. The forms to be used will
be provided by the Municipal Recycling Coordinator.
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.
A.
Any application to the Land Use Board of the Township
of Pohatcong 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.
(1)
This plan must contain, at a minimum, the following:
(a)
A detailed analysis of the expected composition
and amounts of solid waste and recyclables generated at the proposed
development; and
(b)
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, convenient location and contain other attributes
(signage, lighting, fencing, etc.) as may be determined by the Municipal
Recycling Coordinator.
(2)
Provisions shall be made for the indoor, or enclosed
outdoor, storage and pickup of solid waste, to be approved by the
Municipal Engineer.
B.
Prior to the issuance of a certificate of occupancy
by the Township of Pohatcong, 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.
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 waste for proper disposal
or recycling. Allowing such unseparated solid waste and recyclables
to accumulate will be considered a violation of this article and the
Local Sanitary Code.
C.
Once placed in the location identified by this article,
or any rules or regulations promulgated pursuant to this article,
no person, other than those authorized by the municipality, shall
tamper with, collect, remove, or otherwise handle designated recyclable
materials.
The Municipal Recycling Coordinator, the Zoning
Officer, the Building Inspector, the Housing Officer, or other code
enforcement officer, the Police Department, and the Warren County
Department of Health are hereby individually and severally empowered
to enforce the provisions of this article. An inspection may consist
of sorting through containers and opening of solid waste bags to detect,
by sound or sight, the presence of any recyclable material.
A.
Any person, corporation, occupant, or entity that
violates or fails to comply with any provision of this article 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 for which a violation of this article occurs
shall be considered a separate offense.
B.
Fines levied and collected pursuant to the provisions
of this article 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 enforcement and education.
A.
CONSTRUCTION
COVERED PROJECT
DEBRIS
DEMOLITION
RENOVATION
Definitions.
The construction of new buildings and additions to existing
buildings for which a building permit is required.
Any nonresidential construction, renovation, or demolition
project for which a building permit or a demolition permit is required.
“Covered project” shall also mean new residential construction
or an addition that expands an existing residential structure by 25%
or more.
Materials that are currently designated in the Warren County
Solid Waste Management Plan that may be part of a construction, renovation,
or demolition project. Materials include but are not limited to asphalt-based
roofing shingles, concrete blocks, bricks, cinder blocks, wallboard,
carpeting, padding, insulation, fluorescent tubes, nontreated wood,
appliances such as washers, dryers, and refrigerators, shelving, file
cabinets, other heavy iron, source-separated scrap metal, etc.
The complete removal of an existing building for which a
demolition permit is required.
The alteration of an existing building for which a building
permit is required.
B.
Construction, renovation and demolition debris recovery
plan.
(1)
A debris recovery plan shall be filed with the Municipal
Recycling Coordinator prior to the commencement of any activity for
a covered project as defined above. The debris recovery plan shall
identify the types and estimated quantities of construction and demolition
debris to be generated from the project, how each material will be
managed, and the name of each facility or service provider that the
entity will use to manage each material. For new construction and
additions, the plan shall detail how the applicant shall ensure that
a minimum of 50% of the materials to be generated will be separated
and recycled. For renovations, the plan shall detail how the applicant
shall ensure that a minimum of 25% of the materials to be generated
will be separated and recycled. For demolition projects, the plan
shall detail how the applicant shall ensure that a minimum of 50%
of the materials to be generated will be separated and recycled.
(2)
A deposit of $100 shall be made with the municipality
upon filing of the debris recovery plan. The deposit shall be returned
to the applicant upon satisfactory completion and documentation as
required below.
C.
Review of debris recovery plan.
(1)
Approval. A debris recovery plan shall be reviewed
by the Municipal Recycling Coordinator and Building Permit Officer
and approved if it provides for all of the information required by
this article. An approved debris recovery plan shall be marked “approved”
and returned to the owner of the entity which submitted the plan.
(2)
Denial. A debris recovery plan shall not be approved
if it does not provide all of the information required by this article.
If a debris recovery plan is not approved, the owner of the entity
which submitted the plan shall be notified in writing that the plan
has been rejected, including the reasons for the rejection. In order
to obtain the building or demolition permit sought, the owner of the
entity which will carry out the construction, renovation, or demolition
project shall make the required changes and resubmit the debris recovery
plan to the Municipal Recycling Coordinator.
D.
Diversion requirement adjustment.
(1)
Application. If the owner of an entity carrying out
a covered project experiences circumstances that makes it infeasible
to comply with the diversion requirement cited in this article, the
owner of the entity may apply for an adjustment. The owner shall indicate
in writing why it is infeasible to divert the required percentage
of the materials being generated from the covered project and specify
what percentage of diversion could be achieved. Increased costs to
the owner of the entity carrying out the covered project will not
be an acceptable justification for an adjustment.
(2)
Review. The Municipal Recycling Coordinator shall
review the information supplied by the owner. If warranted, the Municipal
Recycling Coordinator shall attempt to contact the owner to discuss
possible ways of meeting the diversion requirement.
(3)
Granting of an adjustment. If the Municipal Recycling
Coordinator determines that it is infeasible for the entity carrying
out a covered project to divert the required percentage of the generated
C&D debris from the covered project, the percent of diversion
required shall be adjusted. The owner shall be notified in writing
of the adjusted diversion requirement. The owner of the entity carrying
out the covered project shall be required to divert the percent of
C&D debris required by the adjustment.
(4)
Denial of adjustment. If the Municipal Recycling Coordinator
determines that it is feasible for the owner of an entity carrying
out a covered project to meet the diversion requirement cited in this
article, the owner shall be notified in writing of the denial of the
diversion requirement adjustment.
E.
Debris recovery plan reporting requirements.
(1)
Documentation. Upon completion of the covered project,
but before the final inspection, the owner of the entity carrying
out a covered project shall submit, in person or by certified mail,
to the Municipal Recycling Coordinator the documentation required
to demonstrate that the applicant has met the diversion requirement.
The required documentation shall include the following:
(a)
A completed debris recovery report, signed by
the owner of the entity carrying out a covered project, indicating
the quantity of each material generated during the covered project
diverted or disposed;
(b)
Receipts from all facilities or service providers
utilized to divert and dispose of materials generated during the covered
project; and
(c)
Any additional information that the owner of
the entity carrying out the covered project believes is relevant to
determining compliance with the diversion requirement.
F.
Compliance with diversion requirement. The Municipal
Recycling Coordinator shall review the information submitted pursuant
to this article and determine whether the owner of the entity carrying
out the covered project has complied or failed to comply with the
diversion requirement. The determination regarding compliance will
be provided to the owner of the entity carrying out the covered project
in writing.
G.
Appeal. An owner of the entity carrying out the covered
project may appeal a determination of failure to comply under this
article to the Township Council within 30 days of the decision or
determination. The appeal shall be in writing and shall state the
facts and basis for the appeal. A decision by the Township Council
shall be final.
H.
Enforcement. The Municipal Recycling Coordinator,
the Zoning Officer, the Building Inspector, the Housing Officer, or
other code enforcement officer, the Police Department, and the Warren
County Department of Health are hereby individually and severally
empowered to enforce the provisions of this article. The respective
enforcing official may, in his or her discretion, post warning stickers
for a first offense. An inspection may consist of dumping and opening
of solid waste bags or containers to detect, by sound or sight, the
presence of any recyclable material.
I.
Violations and penalties. Any person, corporation,
occupant, or entity that violates or fails to comply with any provision
of this article 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.
If it is determined by a court of competent
jurisdiction that any provision or section of this article is unconstitutional,
all other sections and provisions shall remain in effect. This article
shall take effect immediately.
