[Adopted by Ord. No. 2003-45 (Ch. 8.60 of the 1998 Code); amended
in its entirety 2-8-2011 by Ord.
No. 2011-02]
As used in this article, the following terms shall have the
meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Morris County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include:
ALUMINUM CANS/PLATES, TRAYS AND FOILCans, plates, or trays that are made from aluminum and were manufactured to hold a serving of beverage, pie, cake, etc.; aluminum foil is also included.
GLASS BOTTLES AND JARSBottles and jars made from glass, including clear, brown and green glass. A "bottle" is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A "jar" is defined as a wide-mouthed container that can be capped. Caps and lids are not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex® or ceramic.
PLASTIC (coded 1, 2, 3, 4, 5, 6, and 7)Any plastic coded with a number 1 through 7. Caps and lids not included unless the cap or lid is an acceptable plastic labeled (1 through 7). Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc., should not be recycled.
STEEL (TIN) CANSAn air-tight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
NEWSPAPERA publication containing news, information and advertising, usually printed on low-cost paper called newsprint. Newspaper may include glossy inserts which come with the paper, dependent upon the market conditions at the time.
CORRUGATED CARDBOARDShipping containers made with kraft paper linerboard and corrugated medium.
COVERED ELECTRONIC DEVICESPersonal computer, computer monitor, portable computer, or television.
MIXED PAPERVarious categories of recyclable paper, including, but not limited to, white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, soft cover books.
LEAVESVegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
GRASS CLIPPINGSVegetative material generated when grass (lawns) are cut.
BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
OIL-CONTAMINATED SOILNonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, No. 4 and No. 6 heating oils and certain other refinery products including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.
USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
LEAD-ACID BATTERIESStorage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.
HAZARDOUS DRY CELL BATTERIESRechargeable batteries, such as nickel-cadmium, nickel-iron, nickel metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous as defined by the Resource Conservation Recovery Act ("RCRA"),[1] regardless of the RCRA exclusion of household waste from
the definition of hazardous waste pursuant to 40 C.F.R. 261.4(b).
Nonrechargeable, hazardous batteries include older alkaline and carbon
zinc batteries as well as silver oxide, mercury and magnesium button-type
batteries, etc. It should be noted that domestically manufactured
alkaline and carbon zinc nonrechargeable batteries made after circa
1994 eliminated mercury content to the point that they should not
be considered RCRA hazardous and therefore are not included in this
material category.
METAL APPLIANCESAppliances composed predominantly of metal, and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act[2] from being knowingly vented, the refrigerant must be recovered
accordingly.
WHOLE TIRESTires that are whole, not chipped into small pieces.
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Tires are allowed to be recycled and/or incinerated for energy
recovery.)
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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 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 governing body to
fulfill the requirements of Morris County Solid Waste Management Plan
and the New Jersey Statewide Mandatory Source Separation and Recycling
Act[3] and those rules and regulations promulgated therefor.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Township
of Montville which is not bulky waste or construction and demolition
debris.
Any electronic waste not included in the definition of "covered
electronic devices." Examples include copiers, keyboards, modems,
printers, scanners, fax machines, cell phones, etc.
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.
Space allocated for collection and storage of source separated
recyclable materials.
The co-mingling of recyclable materials for curbside collection in one container. A list of acceptable materials for inclusion in single stream collection is enumerated in § 317-6C(1).
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.
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 Montville, 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 Montville.
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 chapter, 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 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.
As set forth in N.J.S.A. 13:1E-99.14.3b(4)(c), the Township
of Montville accepts the goal of 50% recycling of municipal solid
waste by 2015 and shall monitor its level of recycling and solid waste
disposal and shall strive to achieve the recycling of 50% of the municipal
solid waste generated within its borders.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
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 on 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
on the day of collection.
C.
Curbside collection of the following recyclables is provided to single-family
residents and some residents of condominiums. The following materials
may be commingled together in a rigid container for single stream
collection. Containers may not exceed 35 gallons in capacity or 50
pounds in weight.
[Amended 3-10-2015 by Ord. No. 2015-06]
(1)
Newspaper, mixed paper, corrugated cardboard, telephone books, aluminum
cans plates and trays, glass bottles and jars, steel (tin) cans and
plastics (excluding plastic bags) labeled 1, 2, 3, 4, 5, 6, 7 (printed
on bottom). All materials should be rinsed and free of any food or
debris. All bottle caps and tops must be removed and disposed of with
garbage unless the cap or top is an acceptable plastic (labeled 1
through 7). Residents must provide their own rigid garbage-type containers
and handles. Plastic bags are not recyclable materials and shall not
be commingled with recyclables for collection.
(2)
Grass clippings and leaves will be collected at curbside. Grass clippings
and leaves must be placed in rigid garbage-type containers or biodegradable
bags (paper only) at the curb. Rigid containers may not exceed 35
gallons in capacity or 50 pounds in weight. Loose grass clippings
and leaves shall not be piled along the side of the road.
(3)
Brush must be tied in bundles for collection with the maximum size
being two feet in diameter, four feet in length and 50 pounds in weight.
Brush must be prepared so that each bundle can be handled by one person
and branches must not exceed four inches in diameter.
(4)
Christmas trees are collected at curbside on specific dates in January.
All ornaments, decorations and tinsel must be removed from the trees.
(5)
Metal appliances are collected on demand by prior arrangement with
the Township hauler. Metal appliances are to be placed at the curb
for collection on the prearranged date. Doors must be removed to avoid
entrapment within the appliance.
D.
Pickup of recyclables is provided to condominiums via dumpster or
curbside pickup depending on the condominium complex in a manner consistent
with the Township's solid waste collection contract.
E.
Pickup of recyclables at Rachel Gardens is arranged and provided
for by the management of the complex.
F.
Disposal of other residential recyclables not picked up at curbside.
(1)
Tires can normally be left at the commercial establishment where
replacement tires are purchased and installed. A fee may be charged.
Tires may also be taken to the Morris County Transfer Station in Parsippany.
(2)
Lead-acid batteries can normally be left at the commercial establishment
where replacement batteries are purchased and installed. A fee may
be charged. Lead-acid batteries may also be disposed of through the
Morris County Household Hazardous Waste Disposal Program generally
offered year round at the county household hazardous waste facility
and at several additional county events each year held at various
other locations.
(3)
Hazardous dry cell batteries may be disposed of in the green household
battery collection receptacle located at Cedar Hill School on Pinebrook
Road in Towaco or through the Morris County Household Hazardous Waste
Disposal Program generally offered year round at the county household
hazardous waste facility and at several additional county events each
year held at various other locations.
(4)
Used motor oil must be accepted at every service station. A fee may
be charged. Used Motor Oil may also be disposed of through the Morris
County Household Hazardous Waste Disposal Program generally offered
year round at the county household hazardous waste facility and at
several additional county events each year held at various other locations.
(5)
Natural wood waste will normally be hauled away by a contractor for
a fee. There are commercial establishments which accept natural wood
waste.
(6)
Oil-contaminated soil is accepted by certain commercial establishments.
G.
Voluntary residential recycling is strongly encouraged for items
which can be donated, reused or refurbished or for which recycling
or collection programs are made available. This includes telephone
books, printer cartridges, plastic grocery bags, clothing, furniture,
electronic goods, etc. Residents are also encouraged to leave grass
clippings in place or mulch and to mulch leaves.
The owner of any property shall be responsible for compliance
with this article. 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 appropriate municipal office. Violations
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 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 their 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.
All commercial, institutional, and multifamily complexes in the Township
of Montville which are not serviced by the municipal recycling collection
system must submit to the Township Administrator year-end recycling
documentation no later than March 1 of the following year.
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.
Pursuant to N.J.S.A. 13:1E-99.14a and 13:1E-99.16c:
A.
Any application to the Planning Board of the Township of Montville
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, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
(3)
For new multifamily housing developments:
(a)
There shall be included in any new multifamily housing development
that requires subdivision or site plan approval indoor and/or outdoor
recycling areas for the collection and storage of residentially generated
recyclable materials. The number of sites and dimensions of the recycling
areas shall be sufficient to accommodate recycling bins or containers
which are of adequate size and number and which are consistent with
anticipated usage and with current methods of collection in the area
in which the project is located. The number of sites and dimensions
of the recycling areas and the bins or containers shall be determined
in consultation with the Municipal Recycling Coordinator and shall
be consistent with the district recycling plan adopted pursuant to
Section 3 of P. L. 1987, c. 102 (N.J.S.A.13:1E-99.13) and any applicable
requirements of the municipal master plan, adopted pursuant to Section
26 of P.L. 1987, c 102.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-28b(12).
(b)
The recycling areas shall be conveniently located for the residential
disposition of source separated recyclable materials, preferably near,
but clearly separated from, a refuse dumpster.
(c)
The recycling areas shall be well lit and shall be safely and
easily accessible by recycling personnel and vehicles. Collection
vehicles shall be able to access the recycling areas without interference
from parked cars or other obstacles. Reasonable measures shall be
taken to protect the recycling areas and the bins or containers.
(d)
The recycling areas or the bins containers placed therein shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
(e)
Signs clearly identifying the recycling areas and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling areas. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
(f)
Landscaping and/or fencing shall be provided around any outdoor
recycling areas and shall be developed in an aesthetically pleasing
manner.
B.
Prior to the issuance of a certificate of occupancy by the Township
of Montville 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.
C.
Provision 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 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 Code Enforcement Official, the Department of Administration,
the Department of Health, the Department of Public Works, the Recycling
Coordinator, the Property Maintenance Official, the Housing Officer,
and the Morris 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.
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 of not less than $25, nor more than $1,000.
Each day for which a violation of this article occurs shall be considered
a separate offense.
