This article shall be known as the "Recycling
Regulation of the Township."
As used in this article, the following terms
shall have the meanings indicated:
All containers comprised of aluminum, metal, tin, steel or
a combination thereof which contain or formerly contained only non-aerosol-compatible
substances or such other substances as have been approved for recycling
by the New Jersey Office of Recycling.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Gloucester County District
Solid Waste Management Plan to be source separated for the purpose
of recycling.
A computer central processing unit and associated hardware,
including keyboards, modems, printers, scanners and fax machines;
a cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones.
All products made of silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packaging
or bottling of substances, and all other material commonly known as
"glass."
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 Township
of Mantua.
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.
That the following recyclables may be placed into one container:
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.
Beverage cans, containers and materials constructed and consisting
solely of aluminum.
Paper of the type commonly referred to as "newsprint" and
distributed at dated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest.
A.
Mandatory source separation.
(1)
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 Mantua, to separate designated recyclable materials
from all solid waste.
(2)
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 Mantua.
B.
Exemptions.
(1)
Pursuant to N.J.S.A. 13:1E-99.16(d), the governing
body of the Township of Mantua may exempt persons occupying commercial
or institutional premises within its municipal boundaries from the
source separation requirements of this Code, 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.
(2)
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 Township of Mantua Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information:
(a)
The name of the commercial or institutional
entity;
(b)
The street address location and lot and block
designation;
(c)
The name, official title and phone number of
the person making application on behalf of the commercial or institutional
entity;
(d)
The name, address, official contact person and
telephone number of the facility which provides the service of recycling
those designated recyclable materials;
(e)
A certification that the designated recyclable
materials will be recycled; and
(f)
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.
The collection of recyclable material shall
be in the manner prescribed as follows:
A.
All designated 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.
B.
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
5:00 p.m. of the day immediately preceding the day of collection,
but no later than 6:00 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 by
the property resident or property owner, or both, in accordance with
the Health Code of the Township of Mantua, the County of Gloucester
and the State of New Jersey.
The owner of any real property shall be responsible
for compliance with this chapter. For multifamily units, the management
or owner is responsible for setting up and maintaining the recycling
system, including collection of recyclable materials, in accordance
with guidelines or regulations established by the Township of Mantua.
Violation and penalty notices will be directed to the owner 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 and institutional generators of solid
waste shall be required to comply with the provisions herein.
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 Township
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.
Every business, institution or industrial facility
shall report on an annual basis to the Township Recycling Coordinator,
on such forms as may be prescribed, on recycling activities at its
premises, including the amount of recycled material, by material type,
collected and recycled and the vendor or vendors providing recycling
service.
D.
All food service establishments, as defined by the
Township, county or state 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 to maintain such records, as may be prescribed, for inspection
by any Code Enforcement Officer or by the Township of Mantua Municipal
Utilities Authority.
A.
Pursuant to N.J.S.A. 13:1E-99.13a and 99.16c, any
application to the Township of Mantua Planning Board 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;
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
and convenient location and shall contain other attributes (signage,
lighting, fencing, etc.) as may be determined by the municipal recycling
coordinator.
B.
Prior to the Township of Mantua issuing a certificate
of occupancy, 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, should the
Township of Mantua not 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.
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 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 herein, or
in any rules or regulations promulgated pursuant hereto, no person,
other than those authorized by the Township, shall tamper with, collect,
remove or otherwise handle designated recyclable materials.
The Township of Mantua Code Enforcement Official,
the Department of Health, the Township of Mantua Recycling Coordinator,
the Property Maintenance Official, the Housing Officer and the Gloucester
County Department of Health are hereby individually and severally
empowered to enforce the provisions herein. 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 herein 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 herein occurs shall be considered a separate
offence.
B.
Fines levied and collected pursuant to the provisions
herein 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.
In the event that it is determined, by a court
of competent jurisdiction, that any provision or section herein is
unconstitutional, all other sections and provisions shall remain in
effect. This article shall take effect immediately, unless otherwise
provided by resolution of the governing body.
