[Adopted 5-12-2010 by Ord. No. 4-2010[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Recycling, adopted as Sec. 3-13 of the Revised General Ordinances, as amended.
Proper management of solid waste is an important matter of public health and safety. The source separation and recovery of certain recyclable materials will serve the public interest by conserving energy and natural resources and reducing waste disposal expenses. In accordance with the requirements of the New Jersey Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the 2009 update to the Monmouth County Solid Waste Management Plan, it is therefore necessary to update and amend existing municipal rules and regulations for the separation, storage, collection and recovery of designated recyclable materials.
It shall be mandatory for all persons who are owners, lessees and occupants of residential property, of business and industrial properties, and of private or public and government institutions and buildings to separate newspaper, corrugated cardboard, clean mixed paper, aluminum cans, tin and bimetal cans, glass bottles and jars, and pourable plastic bottles ("designated recyclables") from all other solid waste produced by such residences and establishments for the separate collection and ultimate recycling of such materials.
A. 
All apartment and other multifamily complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for trash and the various types of recyclables, as appropriate, for use by residents, students, employees, customers or other visitors.
B. 
Any company or agency providing dumpsters or roll-off or other containers to any apartment or other multifamily complex with shared disposal and recycling areas or to any business, school or other institution or for any construction/demolition project shall clearly mark such container for trash or for single-stream recycling as may be appropriate.
[Amended 12-23-2014 by Ord. No. 29-2014]
[Amended 12-23-2014 by Ord. No. 29-2014]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
SINGLE STREAM RECYCLING
Also known as "fully commingled" or "single-sort" recycling refers to a system in which all paper fibers, plastics, metals, and other containers are mixed in a collection truck, instead of being sorted by the depositor into separate commodities (newspaper, paperboard, corrugated fiberboard, plastic, glass, etc.) and handled separately throughout the collection process. In single stream, both the collection and processing systems are designed to handle this fully commingled mixture of recyclables, with materials being separated for reuse at a materials recovery facility.
B. 
Residences, businesses and institutions provided with recyclables collection service by municipal forces or through municipal contract shall place all designated recyclables in the appropriate containers at curbside or other area(s) in the manner and according to the schedule as regularly published and distributed by the municipality.
C. 
Any multifamily complex, business or institution not provided recyclables collection service by municipal forces or through municipal contract shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables.
D. 
Any multifamily complex, business or institution which is not provided recyclables collection service by municipal forces or through municipal contract shall provide the municipality with, at a minimum, an annual report describing arrangements for both solid waste and recyclables collection services, including the size, number and location of storage containers, frequency of pickup service, the name and address of any contractor hired to provide such service, and phone and other contact information for the contractor.
E. 
Leaves shall be kept separate from other vegetative waste and shall only be placed for collection in the manner and according to the schedule as shall be published and distributed by the municipality. Grass clippings shall not be placed with other materials for solid waste collection. This requirement shall not prohibit any person or establishment from making arrangements to collect leaves and grass directly from his, her or its property through his, her or its own efforts.
F. 
The following bulky recyclables shall not be placed with solid waste at the curbside or in containers provided for waste collection and transportation to a disposal facility: concrete, asphalt, brick, block, tree stumps, tree limbs over three inches in diameter, metal appliances or bulk metal items larger than one cubic foot and/or heavier than five pounds.
G. 
Automotive and other vehicle or wet-cell batteries, used motor oil and antifreeze shall not be disposed of as solid waste. Such items are to be kept separate from other waste materials and recyclables and are to be brought to local service stations, scrap yards, or publicly operated recycling facilities designed and permitted to handle such products.
H. 
Common, nonrechargeable dry-cell batteries, commonly labeled "A," "AA," "AAA," "C," "D" and "9-volt," may be disposed of with regular municipal solid waste. However, rechargeable dry-cell and button batteries still contain significant amounts of toxic metals, including mercury, and shall be separated and brought to retail outlets or publicly operated recycling facilities providing specific arrangements for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.
I. 
Computers, computer monitors and other related electronic hardware, as well as analog and digital televisions, are prohibited from being placed with other solid waste for disposal. These and other electronic devices shall be kept separate and brought to retail outlets or publicly operated recycling facilities providing specific arrangements for shipment of these items to appropriate processing facilities.
[Amended 12-23-2014 by Ord. No. 29-2014; 11-24-2015 by Ord. No. 21-2015]
All persons who occupy commercial, industrial, institutional or governmental premises, both private and public, including owners, lessees, tenants or licensees, shall separate the following types of solid waste produced by such premises for collection and recycling by a private hauler:
A. 
Newspaper: includes paper of the type commonly referred to as "newsprint," and includes any inserts which are normally included in the newspaper. Specifically excluded are any pages of the newspaper used for household projects and crafts, such as painting or papier-mache projects, or used for cleanup of pet waste.
B. 
Corrugated cardboard: layered cardboard including a waffled section between the layers, of the type commonly used to make boxes and cartons. Specifically excluded are waxed cardboard and any cardboard contaminated by direct contact with food, such as pizza boxes.
C. 
Clean mixed paper: high-grade bond paper, mixed office papers and school papers, such as stationery, construction paper and writing tablets, including computer printouts, magazines, gift-wrapping paper, softcover books, junk mail and single-layer cardboard (chipboard). Specifically excluded are carbon papers, hardcover books (unless cover and binder are removed), paper cups and plates, food wrappers or any other paper contaminated by direct contact with food products, and paper products used for personal hygiene, such as tissues.
D. 
Aluminum cans: all disposable cans made of aluminum and used for food or beverages. Specifically excluded are aluminum foils, pie tins, trays, cookware and other aluminum products.
E. 
Tin and bimetal cans: all disposable cans made of tin, steel or a combination of metals, including but not limited to containers commonly used for food products. Specifically excluded are cans which contain toxic products, such as paints and oils.
F. 
Glass bottles and jars: transparent or translucent containers made from silica or sand, soda ash and limestone and used for the packaging or bottling of various products. Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.
G. 
Pourable plastic containers: plastic bottles that have a neck that is smaller than the body of the container; limited to plastic resin Type No. 1 PET and plastic resin Type No. 2 HDPE. Specifically excluded are other resin types (Nos. 2 through 7) and nonbottle plastic containers such as margarine tubs and other consumer items and packages, such as film plastics, blister packaging, boxes, baskets, toys and other products.
H. 
Customers of private haulers shall comply with the requirements of Subsections A through G as set forth herein. In the alternative, if mandated by private haulers, customers shall employ single stream recycling as defined in this section.
SINGLE STREAM RECYCLING
Also known as "source separation" or "fully commingled" or "single sort" recycling is defined as a system in which all paper fibers, plastics, metals, and other containers are mixed in a collection truck, instead of being sorted by the depositor into separate commodities (paper, newspaper, paperboard, corrugated fiberboard, plastic, glass, cans, aluminum) and handled separately throughout the collection process. In single stream, both the collection and processing systems are designed to handle this fully commingled mixture of recyclables, with materials being separated for reuse at a materials recovery facility.
I. 
Commercial, business, industrial and private institution establishments are required to report on a yearly basis to the Wall Township Municipal Recycling Coordinator, on such forms as may be prescribed, regarding recycling activities at their premises, including the amount and type of recycled material not placed curbside for municipal collection. If material is removed from the premises by a hauler, recycler or paper shredder, the quantity and final disposition of the material is to be reported on the form.
J. 
Exemptions: Pursuant to N.J.S.A. 13:1E-99.16(d), the Wall Township Committee may exempt persons occupying commercial, business, industrial and private institutional establishments within the Wall Township boundaries from the source separation requirements of this section, 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 chapter, a commercial, business, industrial and private institutional generator shall file an application for exemption with the Township recycling coordinator on forms provided for that purpose. The form shall conform to the requirements of N.J.S.A. 13:1E-99.16(d).
All service stations, oil retailers and motor vehicle reinspection stations with used-oil holding tanks shall accept up to five gallons at a time of used motor oil from individuals changing oil in cars, lawn mowers, or motorcycles and shall post a sign on their premises informing the public that they are a used oil collection site. Such collection of used oil shall be in accordance with applicable state regulations.
A. 
No liquids of any type shall be placed with recyclables or with solid waste for collection and disposal.
B. 
No chemicals, liquid paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products, or other hazardous waste shall be placed with recyclables or with solid waste for collection and disposal.
A. 
The position of Recycling Coordinator is hereby created and established in the Township.
B. 
The Superintendent of Public Works shall serve as the Recycling Coordinator for a term to coincide with his/her term of office as Superintendent of Public Works.
The Township Committee, in its discretion, may determine an arrangement for the collection and disposal of recyclable materials utilizing any of the following methods:
A. 
The use of municipal personnel to collect recyclable materials at curbside or from a dropoff center and to arrange for the sale of said materials.
B. 
By entering into arrangements with qualified persons authorizing the collection and sale of said materials.
C. 
By entering into interlocal services agreements with other municipalities or governmental entities for the collection and sale of said materials.
A. 
Recyclable materials shall become the property of the Township when properly placed at curbside for collection or delivered to a designated dropoff center.
B. 
No person shall pick up or cause to be picked up any recyclable materials unless specifically engaged or authorized by the Township to do so.
C. 
Any person may sell or donate recyclable materials to any other person, whether or not the recipient operates for profit. Such sold or donated materials shall not, however, be picked up at curbside or at Township-designated dropoff centers.
D. 
In order to defray the costs to the Township for the disposal of certain building materials and tires, fees shall be charged at the Township recycling facilities for the disposal of such items in such cases where such disposal is permitted by the Township's recycling rules and regulations. The fees to be charged for the disposal of such materials shall be as follows:
Type of Material
Fee
Single door
$5
Single window
$5
30-gallon can of mixed building materials
$5
1/4 of a pickup truck load
$25
1/2 of a pickup truck load
$50
Full pickup truck load
$100
Tires, per tire (limit 4 tires)
$5
E. 
Freon disposal fee.
(1) 
In order to defray the costs to the Township which are required to be paid for the removal of Freon from certain appliance items, which removal must take place prior to the disposal of such items, a fee shall be charged for the disposal of any refrigerator, freezer, air conditioner, humidifier or any other appliance or item containing Freon.
(2) 
The fee to be charged shall be $20, which fee may be increased, by directive issued by the Township Administrator, should the cost to the Township for removal of Freon from appliances increase, up to a maximum of $30 per appliance or item.
Any person who violates or fails to comply with any provision of this article or any rule or regulation adopted hereunder shall be subject to the following penalties:
A. 
A fine of not more than $1,250; or
B. 
Imprisonment for a term of not more than 90 days or community service in the Township's recycling program for a period of not more than 90 days; or
C. 
Both a fine and imprisonment or community service.
A. 
The duly appointed Municipal Recycling Coordinator, the Monmouth County Health Department, and the Code Enforcement Officer are hereby jointly and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, businesses, schools and institutions and to enforce the provisions of this article, by issuance of warnings, notices, summonses and complaints. A typical inspection may consist of sorting through containers and opening bagged solid waste to detect the presence of recyclable materials.
B. 
The authorized inspector may, in his or her discretion, issue a warning rather than a summons following an initial inspection, with a follow-up visit to determine compliance within a stated period of time.
No person shall store, collect, deposit or dispose of recyclable materials in any receptacle of any kind which is located upon property owned by another person. No person shall store, collect, deposit or dispose of any recyclable materials upon property which is owned by another person. This prohibition shall not apply to the disposal of recyclable materials at designated recycling centers.