[Adopted 11-24-1998 by Ord. No. 98-13 as
Ch. 185, Art. III, of the 1998 Code]
Pursuant to the New Jersey Statewide Mandatory
Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.),
the Township of Ewing hereby adopts the Mercer County Recycling System
as set forth in Mercer County Ordinance No. 89-19, effective August
15, 1989, as its recycling program. Pursuant to the New Jersey Statewide
Mandatory Source Separation and Recycling Act, each person and commercial,
industrial and institutional establishment shall be required to comply
with this Township recycling program. All municipal contracts for
solid waste collection and/or disposal within the Township shall be
consistent with this article and the Mercer County Recycling System.
As used in this article, the following terms
shall have the meanings indicated:
Aluminum containers of the type commonly used for the packaging
of beverages and food products.
Those cans with side and bottom construction made of steel
and with top construction made of aluminum.
Those materials which would otherwise become municipal solid
waste for municipalities in the County of Mercer and which may be
collected, separated, processed and returned to the economic mainstream
in the form of materials or products. Accepted co-mingled materials
shall include "acceptable metal containers" and "acceptable glass,"
as defined herein. In no event shall acceptable co-mingled materials
include unacceptable co-mingled materials.
Metal containers of the type commonly used for the packaging
of beverage and food products.
Any clear, amber or green glass container of the type commonly
used for beverage and food products. Expressly exempted from this
definition are glass containers used for nonbeverage and nonfood products,
such as pesticides, herbicides or other chemicals. Light bulbs, plate,
safety and mirrored glass are also not considered acceptable glass.
Metal containers (cans) of the type commonly used for beverage
and food products only, and may include aluminum, tin-plate steel
and bimetal cans. Expressly exempted from this definition are cans
utilized for the packaging of chemicals or other nonfood and nonbeverage
products.
Newspapers and associated inserts, periodical magazines,
office paper, mail and window envelopes.
Any polyethylene terephthalate (PET) and high-density polyethylene
(HDPE) plastic container of the type commonly used for beverage and
food containers only. PET or HDPE containers utilized for nonfood
and nonbeverage items are expressly exempted from this definition.
A group of two or more cells connected together to furnish
electric current. For the purposes of this article, the battery and/or
batteries being referred to are only for motor vehicles, including
automobiles, trucks and motorcycles.
Milk, alcoholic beverages, including beer or other malt beverages,
liquor, wine, vermouth and sparkling wine, and nonalcoholic beverages,
including fruit juice, mineral water and soda water and similar nonalcoholic
carbonated and noncarbonated drinks intended for human consumption.
An individual, separate, hermetically sealed, or made airtight
with a metal or plastic cap, bottle or can composed of glass, metal,
plastic or any combination thereof, containing a beverage.
Any equipment determined to be necessary to complete the
collection services described in the Recycling Plan and section attached
hereto and made a part hereof.[1]
Those businesses which constitute wholesale, retail or service
establishments, such as restaurants, stores, markets, theaters, hotels,
warehouses and offices.
Corrugated containers having liners of either test liner,
jute or kraft.
The Mercer County Collection and Processing System, as more
fully described in the Mercer County Recycling Plan and any amendments.
Crushed or shattered glass with an average particle size
of one millimeter by one millimeter to two millimeters by two millimeters,
plus or minus.
The New Jersey Department of Environmental Protection.
Those materials named in the approved Mercer County Recycling
Plan and any amendments.
The ultimate market for designated recyclable materials,
which utilizes said materials as raw materials in the manufacture
of new commodities.
The Solid Waste Transfer Station leased by the Township to
the Mercer County Improvement Authority and located at Ewing Township,
New Jersey, at Block 13, Lots 3, 10, 16, 17, 19 and 21.
A food commodity packaged in any manner in advance of sale
in units suitable for retail sale and which is not intended for consumption
at the point of manufacture.
Those businesses which include manufacturing, industrial,
research and development entities.
Those entities constituting schools, hospitals, research
institutions and public buildings.
Any building or structure of one or more stories and any
land appurtenant thereto, and any portion thereof, in which three
or more units of dwelling spaces are occupied or are intended to be
occupied by three or more persons who live independently of each other.
This definition shall also mean any group of 10 or more buildings
in a single parcel of land or on contiguous parcels under common ownership,
in each of which two units of dwelling space are occupied or intended
to be occupied by two persons or households living independently of
each other, and any land appurtenant thereto, and any portion thereof.
This definition shall also include apartments and condominiums. "Condominium"
as used herein shall include the form of ownership of real property
under a master deed providing for ownership by one or more owners
of units of improvement, together with an undivided interest in common
elements appurtenant to each such unit.
All residential, commercial and institutional solid waste
generated within the boundaries of any municipality.
The Township of Ewing.
Those groups or organizations operating not for profit, such
as the Girl Scouts, Boy Scouts, religious organizations, etc., and
other types of service organizations that may on occasion conduct
recycling fund-raising activities.
High-grade paper, fine paper, bond paper, offset paper, xerographic
paper, mimeo paper, duplicator paper and related types of cellulosic
material containing not more than 10% by weight of volume of noncellulosic
material, such as laminates, binders, coatings or saturates.
Any individual or group registered with the Mercer County
Improvement Authority to collect recyclable materials.
A container intended for the in-home storage and collection
of recyclable materials, to be approved by the Mercer County Improvement
Authority and to be signed with an appropriate recycling slogan.
Those materials which would otherwise become municipal solid
waste and which may be collected, separated, processed and returned
to the economic mainstream in the form of materials or products.
The activity whereby a secondary material is introduced as
raw material into a process in which it is transformed into a new
product in such a manner that its original identity is essentially
lost.
The New Jersey Statewide Mandatory Source Separation and
Recycling Act, P.L. 1987, Chapter 102, N.J.S.A. 13:1E-99.11 et seq.
Any facility designed and operated solely for receiving,
storing, processing and transferring source-separated, nonputrescible
or source-separated co-mingled nonputrescible metal, glass, paper,
plastic containers and corrugated and other cardboard, or other recyclable
materials approved by the Department.
Any solid waste facility utilized to separate or process
solid waste into marketable materials.
Any individual or group that is not registered with the Mercer
County Improvement Authority to collect recyclable materials or an
individual or group which has not been granted an exemption to the
registration requirement.
Garbage, refuse and other discarded materials resulting from
industrial, commercial and agricultural operations and from domestic
and community activities, and shall include all other waste materials,
including liquids, except for solid animal and vegetable wastes collected
by swine producers licensed by the State Department of Agriculture
to collect, prepare and feed such wastes to swine on their own farms.
Includes the plants, structures and other real and personal
property acquired, constructed or operated or to be acquired, constructed
or operated by any person pursuant to the provisions of the Solid
Waste Management Act, N.J.S.A. 13:1E-1 et seq., or any other act,
including transfer stations, incinerators, resource recovery facilities,
sanitary landfill facilities or other plants for the disposal of solid
waste, and all vehicles, equipment and other real and personal property
and rights therein and appurtenances necessary or useful and convenient
for the collection or disposal of solid waste in a sanitary manner.
The act of segregating designated recyclable materials from
residential, commercial and institutional solid waste by the generator
thereof for the purpose of collection, disposition and recycling.
Those cans with a basic steel construction with an interior
coating of tin.
A continuous solid or pneumatic rubber cushion encircling
a wheel usually consisting when pneumatic of an external rubber-and-fabric
covering that contains and protects from injury an air-filled inner
tube for use on a motor vehicle not for commercial use. A tire as
defined herein shall have the rim removed.
Those materials which are not defined as "acceptable co-mingled
materials."
Those materials which are not defined as "acceptable mixed
paper" and are unsuitable for consumption as the grade specified.
Refrigerators, freezers, washers, dryers and other appliances
of steel construction.
[1]
Editor's Note: The Recycling Plan is on file
in the office of the Municipal Clerk.
The Township shall:
A.
Provide for a collection system for leaves generated
from residential premises.
B.
Deliver tires to the existing transfer station or
other such site as may be designated by the Mercer County Improvement
Authority.
C.
At least once every six months, notify all persons
occupying residential, commercial and institutional premises of recycling
opportunities and the source-separation requirements of its ordinance
and the Mercer County Recycling Plan. In order to fulfill the notification
requirements of this subsection, the 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. At least once annually,
the Mercer County Improvement Authority shall be informed, in writing,
of the manner in which residents were notified.
D.
Pursuant to N.J.S.A. 13:1E-99.16(c), at least once
every 36 months conduct a review and make necessary revisions to its
Master Plan and 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 state, county and municipal policies and objectives concerning
the collection, disposition and recycling of designated recyclable
materials. The revised Master Plan shall include provisions for the
collection, disposition and recycling of recyclable materials designated
in this article and for the collection, disposition and recycling
of designated recyclable materials within any development proposal
for the construction of 50 or more units of single-family residential
housing and any commercial or industrial development proposal for
the utilization of 1,000 square feet or more of land. Permits for
construction and demolition work, as well as road opening permits,
shall be required to specify the quantity of materials recycled, where
they will be taken and how they will be handled.
No person shall dispose of any recyclable material
except as provided herein:
A.
All persons residing in areas designated for recycling
collection shall separate for curbside collection on designated collection
days and such additional days as may be designated by the Mercer County
Improvement Authority those materials designated in the Mercer County
Recycling Plan as listed below, and shall do so in the manner as set
forth in this article. In addition, residents shall be required to
recycle all designated materials not collected as part of the Improvement
Authority's curbside program in the manner designated by the municipality.
B.
All persons shall recycle, or cause to be recycled,
the following categories of recyclables:
C.
The following materials are collected through the Improvement Authority's residential collection programs: glass, aluminum, plastic, tin-plate steel and bimetal containers and paper as identified in Subsection B(1) through (12) above. Private contractors servicing multifamily complexes within the Township of Ewing are required to collect for recycling, at a minimum, the same materials as collected through Improvement Authority residential collection programs.
D.
As part of the Mercer County Source Separation and
Recycling Plan, the Township of Ewing shall provide all residents
a means to recycle items designated in the Plan and shall provide
for collection of items designated in this Plan not collected curbside
by the Improvement Authority in the manner stated herein.
E.
Any persons having been found to have violated the
provisions of this recycling program shall be assessed warnings, penalties
and fines pursuant to this chapter.
[Amended 4-13-2021 by Ord. No. 21-08]
F.
At the time of placement of recyclable materials designated
for collection by this recycling program at the curb or street side
of residential units, said materials shall be considered the sole
property of the Mercer County Improvement Authority and shall be considered
a conscious contribution by that resident to the County Recycling
System for collection by the Mercer County Improvement Authority or
its agent.
G.
Any person may donate or sell designated recyclable
materials to any person, whether operating for profit or not-for-profit,
provided that the receiving person may not perform curbside collection
under any circumstances unless that person has registered with the
Mercer County Improvement Authority as a private recycler.
H.
From September 1 to December 31 of each year, separate leaves from solid waste and, unless leaves are stored or recycled for composting or mulching by the generator, place the leaves for collection in the manner provided for in Chapter 319, Article V, Leaves and Yard Waste.
[Amended 4-13-2021 by Ord. No. 21-08]
I.
Private contractors servicing multifamily complexes.
(1)
Materials collected from multifamily complexes by
private contractors shall be the property of said private contractor.
Private contractors servicing multifamily complexes shall provide
monthly reports to the municipality on total tonnages recycled from
all multifamily complexes serviced by said private contractor within
the municipality. On or before January 31, private contractors shall
file tonnage reports with the Improvement Authority, giving annual
totals for tonnages recycled and markets for individual materials,
along with documentation for those tonnages and markets.
(2)
It shall be the responsibility of the landlord, building
owner, property manager and/or private association to inform both
current and new residents, at a minimum annually, of the manner, time
and place for collection of recyclable materials.
No commercial, industrial or institutional establishment
shall dispose of any recyclable except as provided herein:
A.
All commercial, industrial and institutional establishments
shall recycle or cause to be recycled the following categories of
recyclables if a waste audit determines they are present in the waste
stream. The Improvement Authority may, in its discretion, add additional
materials to the list of designated recyclables, if it determines
markets for those materials are available.
B.
As of March 15, 1990, all commercial, industrial and
institutional establishments located within Ewing Township shall have
submitted a source-separation recycling plan to the Mercer County
Improvement Authority to meet the state recycling mandates, identifying
or incorporating all of the following:
(1)
All waste material generated, listed by type.
(2)
All volumes of these waste categories currently recycled.
(3)
Any agreement with any solid waste hauler or with
a separate entity for the recycling of source-separated designated
materials as defined within the Mercer County Recycling Plan.
(4)
A description of current or proposed recycling efforts
for designated materials.
(5)
The name of the person responsible for the recycling
plan.
C.
Schedules.
(1)
The schedule for submittal of these commercial, industrial
and institutional recycling plans to the Mercer County Improvement
Authority shall be as follows:
(a)
All commercial, industrial and institutional
establishments whose waste is collected by private haulers and not
serviced by municipal collection shall submit the plan within four
months of enactment of this article and shall implement the same within
two months following approval of the plan by the Mercer County Improvement
Authority.
(b)
All commercial, industrial and institutional
establishments whose waste is collected through a municipal collection
system shall be part of the municipal collection system of recyclables.
All establishments participating in the curbside collection program
shall be required to recycle designated materials not collected curbside
if a waste audit determines their presence in the waste stream.
(2)
Commercial, industrial and institutional establishments
are required to submit updated recycling plans, including a waste
audit, to the Improvement Authority according to the following schedule:
(3)
Recycling plans should be updated once every two years
from date of approval of the waste audit.
D.
All commercial, industrial and institutional establishments
required to submit a recycling plan under this section may, at their
option, submit a joint recycling plan with any other entity or entities
whereby a common hauler and/or collection point, for common pickup,
is set forth. However, each commercial/industrial and institutional
establishment shall submit a plan identifying that they are part of
this joint plan and shall attach a copy of same, incorporating it
by reference. All joint plans must name all plan participants and
designate a Coordinator for the joint plan. If a joint plan is filed,
the person or entity serving as Coordinator shall be required to file
tonnage reports with the Improvement Authority. It shall be the responsibility
of the Joint Plan Coordinator to update the list of participants,
if necessary, at the time of filing of recycling tonnage reports.
E.
Any such commercial, industrial or institutional recycling
plan shall be consistent with those terms, conditions and goals set
forth in the Mercer County Recycling Plan and this article. The failure
to submit said plan or comply with the same shall subject the commercial,
industrial and institutional establishment to penalties as set forth
in this article.
F.
An extension of the time for plan submittal and/or
plan implementation of up to 90 days may be requested from the Mercer
County Improvement Authority depending upon the size of the establishment.
Justification for such a request shall be submitted to the Mercer
County Improvement Authority, in writing, and shall be verified as
necessary or justified.
G.
Pursuant to the Mercer County Recycling Ordinance No. 89-19, upon failure of a commercial, industrial and institutional establishment to meet the source-separation recycling provisions of this amended section and/or the provisions of the enacting ordinance of the Mercer County Board of Chosen Freeholders and/or the source-separation recycling provisions of the Recycling Act, if not exempted pursuant to Subsection H, the Mercer County Improvement Authority and/or Ewing Township shall provide said recycling service, and all fees and costs for providing said recycling service shall be paid to the municipality in which said commercial establishment is located.
H.
Pursuant to N.J.S.A. 13:1E-99.16 of the Recycling
Act, this municipality shall have the right to exempt persons occupying
commercial and institutional premises within the municipal boundaries
from the source-separation requirements of recycling of this section
if those persons have otherwise provided for the recycling of the
recyclable materials designated in the Mercer County Recycling Plan
from solid waste generated at those premises. Such exemptions shall,
however, not be effective until such time as approved with a formal
plan amendment by Mercer County related thereto.
I.
Batteries shall not be part of the curbside collection
program but shall be disposed of in markets set forth in the Mercer
County Recycling Plan Market Guide.
J.
New commercial, industrial and institutional establishments
commencing operations in the Township of Ewing shall submit a recycling
plan within six months of commencement of operations. An extension
of time for plan submittal and/or plan implementation of up to 90
days may be granted by the Improvement Authority on request. Justification
for such request shall be submitted to the Improvement Authority,
in writing, and shall be verified as necessary or justified.
K.
Commercial, industrial and institutional establishments
shall file tonnage reports with the Improvement Authority annually
with documentation on materials claimed for recycling. Reports are
due on or before January 31 of the year following the end of the reporting
period, which is December 31. The Improvement Authority reserves the
right to establish more frequent reporting periods should the New
Jersey Department of Environmental Protection and Energy require more
frequent reporting.
L.
All persons leasing commercial, industrial or institutional
space to tenants shall annually inform such tenants of the responsibilities
for recycling under the terms of this plan.
M.
At the time of placement of recyclable materials designated
for collection by the plan at the curb or streetside of commercial,
industrial or institutional establishments, said materials shall be
considered the sole property of the Mercer County Improvement Authority
and shall be considered a conscious contribution to the county recycling
system for collection by the Mercer County Improvement Authority or
its agent.
A.
Any person or group of persons wishing to collect
recyclable materials shall register with the Mercer County Improvement
Authority as a private recycler.
B.
No private recycler shall conduct recycling collection
activities on designated county collection days.
C.
Upon registration, each private recycler shall receive
an identification/registration decal from the Mercer County Improvement
Authority and shall prominently display the same on recycling vehicles
when collecting recyclables.
D.
An ongoing condition of collection activities within
the municipality shall be the submittal of certified weight tickets
to the Mercer County Improvement Authority for material sold to quantify
levels for state-mandated recycling goals. Said tickets shall be submitted
to the Mercer County Improvement Authority no later than 30 days following
the date of sale of the subject material.
The enforcement of this recycling program shall
be provided individually and severally by the Township of Ewing and/or
the Mercer County Improvement Authority and/or the New Jersey Department
of Environmental Protection. Ewing Township hereby designates its
Superintendent of Sanitation as liaison with the Mercer County Improvement
Authority for the enforcement of this article.
No person shall collect recyclables unless registered
with the Mercer County Improvement Authority and the requisite fee
has been paid, unless an exemption has been granted by the Mercer
County Improvement Authority in accordance with Mercer County Ordinance
No. 89-19. The identification/registration decal of each person so
registered shall be prominently displayed on each recycling vehicle
at all times while collecting recyclables.
A.
Failure to register or display the identification
registration decal on vehicles while collecting recyclables shall
subject such private recycler to a fine of $250 per offense.
B.
Any person or entity conducting recycling collection
activities on designated county recycling collection days shall be
fined a penalty of $250 per offense.
A.
Any person who is found to have violated the provisions
of this article shall be subject to the following procedures and penalties:
(1)
A warning on the first occasion that said ordinance
is violated; and
(2)
Thereafter, a cessation in the collection of garbage
which contains recyclable materials from that household.
(3)
A fine up to $500 per day of violation, depending
upon the extent of and circumstances of the violation, to be assessed
pursuant to N.J.S.A. 13:1E-9 by the Mercer County Improvement Authority,
as authorized hereby and pursuant to the inclusion of this article
within the Mercer County Solid Waste Management Plan.
(4)
The terms and provisions of this subsection may be
enforced individually and severally by the Township of Ewing, the
Mercer County Improvement Authority and the New Jersey Department
of Environmental Protection.
B.
Failure of a commercial, industrial or institutional
establishment to submit a plan or have an approved plan in place as
required by this article shall subject it to a fine up to $100 per
day until plan submittal requirements are met.
C.
Any commercial, industrial or institutional establishment
located within Mercer County found to have violated its required recycling
plan as submitted to the county pursuant to this article shall be
subject to the following procedures and penalties:
(1)
A warning on the first occasion that said plan is
violated and cessation of waste collection; and
(2)
Thereafter, a fine up to $1,000 per day of violation
depending upon the extent of and circumstances of the violation and
the size of the violating establishment, to be assessed pursuant to
N.J.S.A. 13:1E-9 by the Mercer County Improvement Authority, as authorized
hereby.
(3)
The terms and provisions of this subsection may be
enforced individually and severally by the Township of Ewing, the
Mercer County Improvement authority and the New Jersey Department
of Environmental Protection.
