Township of Hamilton, NJ
Atlantic County
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Table of Contents
Table of Contents
[Adopted 4-3-1989 by Ord. No. 989-89]

§ 258-2 Short title.

This article shall be known and may be cited as the "Recycling Ordinance of the Township of Hamilton, Atlantic County."

§ 258-3 Definitions.

The words, terms and phrases used in this article shall have the following meanings:
ALUMINUM CANS
All-aluminum beverage containers and all-aluminum pet food or other containers.
[Amended 6-18-1990 by Ord. No. 1033-90]
CARDBOARD or CORRUGATED PAPER
Clean, heavy box materials commonly known as "cardboard boxes" and similar heavy paper packaging containers that are free of plastic, foam and other contaminants, also including food packaging boxes and other commercial packaging that is free of food contaminants, plastic, wax and foam materials that would make it undesirable for recycling purposes. All cardboard and packaging must be opened and flattened for ease of handling.
[Added 6-18-1990 by Ord. No. 1033-90]
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial purposes.
[Amended 6-18-1990 by Ord. No. 1033-90]
FERROUS CONTAINERS
Empty steel or tin food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and governmental offices.
MULTIFAMILY RESIDENCES
All residential living units containing four or more dwelling units.
[Added 6-18-1990 by Ord. No. 1033-90]
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they have been exposed to substances or conditions rendering them unusable for recycling.
PAPER
Newsprint and other forms of paper and paper products, such as magazines, telephone books, catalogs, white office paper, computer paper, junk mail, etc., excluding those soiled (i.e., containing carbon, adhesive or plastic) or unfit due to health and/or sanitary reasons. Newspapers shall also be deemed soiled if they have been exposed to substances rendering them unusable for recycling water).
[Added 6-18-1990 by Ord. No. 1033-90]
PERSON
Every owner, lessee and occupant of a residence or commercial or institutional establishment within the boundaries of the Township of Hamilton.
PLASTICS
Plastic soda, juice, milk, water and cider bottles; plastic laundry and dish product bottles; plastic bleach bottles; in addition, any plastic bottles or containers that have the recycling symbol with the number one or two in it or the initials PETE or HDPE stamped on the container.
[Added 6-18-1990 by Ord. No. 1033-9C]
RECYCLABLE MATERIALS
Those materials which would otherwise become municipal solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENCE
Any occupied single-family or multifamily dwelling having up to four dwelling units per structure from which a municipal or private hauler collects solid waste.
SOLID WASTE
Garbage, refuse and other discarded solid material normally collected by a municipal or private hauler.

§ 258-4 Establishment of program.

[Amended 6-18-1990 by Ord. No. 1033-90]
A. 
There is hereby established a mandatory program for the separation of the following recyclable materials from the municipal solid waste stream by all persons within the Township of Hamilton, hereinafter referred to as the "municipality," as follows:
(1) 
Residences and multifamily residences shall recycle aluminum cans, glass containers, plastic containers, newspapers, paper goods and cardboard or corrugated paper.
(2) 
Commercial and institutional establishments shall recycle aluminum cans, glass containers, plastic containers, cardboard, newspapers and paper goods, such as white office paper, computer paper, junk mail, etc.
B. 
As the municipality sees fit to include other recyclable materials in the program, all persons falling under this article will be required to separate these items from the municipal solid waste stream.

§ 258-5 Separation of recyclables and placement for disposal.

[Amended 6-18-1990 by Ord. No. 1033-90]
A. 
The recyclable materials designated in § 258-4 of this article, excluding newspapers, shall be put in a suitable container, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality's recycling regulations. The container for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection.
B. 
Newspapers shall be bundled and tied with twine or placed in a kraft paper (brown paper) bag and placed at the curb or other designated area for collection at such times and dates as are established in the municipality's recycling regulations. The maximum weight of each bundle of newspapers shall not exceed 30 pounds (approximately 12 inches high).
C. 
Aluminum and glass containers shall be rinsed, lids removed and placed commingled in said suitable container.
D. 
Plastic containers shall be rinsed, lids removed, flattened and placed in a suitable container.
E. 
Cardboard shall be flattened and placed alongside other recyclable materials.
F. 
Paper goods shall be placed in a kraft paper (brown paper) bag or in a suitable container separate from other recyclable materials.

§ 258-6 Condominium, apartment and multifamily unit storage and disposal regulations.

[Added 6-18-1990 by Ord. No. 1033-90]
A. 
The owner/manager or association of every multifamily dwelling (apartment, townhouse or condo) shall designate space for the placement and storage of newspaper, glass, aluminum, plastic and all other materials designated as recyclable. The owner/manager or association also has the option of arranging for curbside pickup service from the Atlantic County Utilities Authority.[1] All lessees/owners of those dwelling units shall be required to separate items as mentioned in § 258-4 and place them in the designated place.
[1]
Editor's Note: See Ch. 55, Municipal Utilities Authority.
B. 
All multifamily residences that provide private collection for recyclable materials named in § 258-4 of this article shall submit written documentation to the municipality and to the Atlantic County Utilities Authority by June 1 of the total amounts of recyclables collected in the prior calendar year. The only exception to this collection and documentation method will be if the multifamily dwelling is served by the Atlantic County Utilities Authority Collection Program. Multifamily residences have the choice of private or county collection for recycled materials, but the Municipal Recycling  Coordinator and Atlantic County Utilities Authority must be notified of the collection method selected.

§ 258-7 Recycling program for commercial and institutional establishments.

[Added 6-18-1990 by Ord. No. 1033-90; amended 6-3-1991 by Ord. No. 1075-91]
A. 
Commercial and institutional establishments may transport their recyclables to the containers at the municipal drop-off facility or to the Atlantic County Intermediate Processing Facility or contract with a private hauler to collect them. It is the responsibility of the commercial or institutional establishment to properly separate or have separated and store or have stored all recyclable items on its premises prior to periodic disposal of these materials. Yearly documentation of amounts recycled by a private hauler must be made to the Township Administrator and the Atlantic County Utilities Authority prior to February 14, for the preceding calendar year, by the entity which removes these materials from the commercial or institutional establishment which generated them. Materials taken to the county facility will be recorded for the municipality. Municipal records will be maintained for materials disposed of at the drop-off facility and credit given to those participating commercial and institutional establishments accordingly. The only exception to this collection method is if the commercial or institutional establishment participates in the Atlantic County Collection Service Program.
B. 
Any establishment which maintains vending machine(s) or otherwise sells, distributes or dispenses products packaged in recyclable materials (e.g., glass, aluminum, etc.) shall maintain recycling receptacles adequate for that packaging and available for the use of patrons, clients, etc., of that establishment. Likewise, any sponsor of any public or private event where recyclable materials are generated will maintain receptacles adequate for the separation of these materials and will service the same. In addition, the sponsor will provide documentation to the Township Recycling Coordinator within 10 days of the event, certifying the quantity and types of materials collected as well as the name of the recycling market or center to which they were delivered.

§ 258-8 Separation of leaves and placement for disposal.

[Amended 6-18-1990 by Ord. No. 1033-90; 3-5-2012 by Ord. No. 1715-2012]
A. 
All persons within the municipality shall separate leaves, grass clippings, brush and other vegetative waste from lawns, flower beds, shrubs and trees from other solid waste generated at their premises and, unless such vegetative waste is stored or recycled for composting or mulching on the premises, place the vegetative waste at the curb or other designated area for collection at such times and dates and in the manner established by the municipality’s recycling regulations. Vegetative waste must be placed in biodegradable paper bags or a sturdy reusable container that may be readily emptied.
B. 
Residents are prohibited from using plastic bags for leaf and/or other vegetative waste disposal. Residents are also prohibited from raking loose leaves into the street for collection by a private contractor.
C. 
Brush consisting of tree branches and limbs up to eight inches in diameter may be bundled and tied for collection. Brush may not exceed four feet in length, and bundles may not exceed 50 pounds in weight.
D. 
All commercial lawn services will dispose of leaves collected within the municipality as specified by guidelines established by the Township Administrator and/or the Environmental Officer.

§ 258-9 Alternative collection of recyclable materials.

[Amended 6-18-1990 by Ord. No. 1033-90; 6-3-1991 by Ord. No. 1075-91]
Any person may donate or sell recyclable materials to individuals or organizations authorized by the municipality in its recycling regulations. These materials may either be delivered to the individual's or organization's site or they may be placed at the curb for collection by said individual or organization on days in the municipality's recycling regulations. Said individuals or organizations may not collect recyclable materials on or within the 24 hours immediately preceding a regularly scheduled curbside collection day and shall, prior to February 14 of each year, provide written documentation to the municipality of the total amount of material recycled during the preceding calendar year.

§ 258-10 Collection by unauthorized persons.

[Amended 6-18-1990 by Ord. No. 1033-90]
It shall be a violation of this article for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 258-3 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 258-11 Developmental plans.

[Added 6-18-1990 by Ord. No. 1033-90]
In accordance with the New Jersey Statewide Mandatory Source Separation Recycling Act of 1987,[1] proposals for new developments of 50 or more single-family units and/or five multifamily units and/or 100 square feet or more of commercial or industrial space must incorporate provisions in the site plan for recycling. Master plans must be updated for recycling every three years and must incorporate a recycling plan element into the Municipal Master Plan.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.

§ 258-12 Administration and enforcement.

[Amended 6-18-1990 by Ord. No. 1033-90]
A. 
The Township Committee is hereby authorized to establish and promulgate reasonable regulations, to be adopted by resolution of the Township Committee, detailing the manner, days and times for the collection of the recyclable materials designated in § 258-3 of this article. Such regulations shall take effect only upon the approval of the Township Committee by adoption of a resolution implementing the same. The municipality is hereby authorized and directed to enforce the provisions of the ordinance and any implementing regulations adopted hereunder. The position of the Municipal Recycling Coordinator as per N.J.S.A. 13:1E-99.13b(1) is hereby established and will be held by the person who shall be appointed by resolution of the Township Committee. The Municipal Recycling Coordinator's name and telephone number shall be forwarded to the Atlantic County Utilities Authority.
B. 
Noncollection of solid waste contaminated by designated recyclables. The municipality or any other person collecting solid waste generated within the municipality may refuse to collect solid waste from any person who has clearly failed to source-separate recyclables designated under any applicable section of this article.

§ 258-13 Violations and penalties.

[Amended 6-18-1990 by Ord. No. 1033-90]
A. 
Any person, firm or corporation violating the provisions of any section of this article shall be issued a warning for the first offense, will be subject to a fine of $50 for the second offense and will then be subject to a fine of not less than $100 nor more than $1,000 for each additional offense and/or 15 to 30 days' community service.
B. 
Each and every day in which a violation of any of the provisions of this article exists shall constitute a separate offense.
C. 
Action shall be taken to enforce the provisions of this article immediately upon municipal approval.
D. 
Any person, firm or corporation placing nonrecyclable materials at the recycling drop-off facility within the municipality shall be subject to a fine of not less than $100 nor more than $1,000 for each offense.

§ 258-14 Exemptions.

[Amended 6-18-1990 by Ord. No. 1033-90]
The Township Committee of the municipality may exempt persons occupying commercial and institutional establishments from the source-separation requirements of § 258-4 of this article if those persons have otherwise provided for the recycling of recyclable materials designated in § 258-3 of this article. To be eligible for an exemption under this section, the person seeking the same shall, prior to June 1 of each year, provide written documentation to the municipality of the total amount of materials recycled during the preceding calendar year.