[HISTORY: Adopted by the Township Committee of the Township
of Knowlton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-10-2009 by Ord. No. 09-07[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Mandatory
Recycling, adopted by Ord. No. 88-14 (Ch. XVIII of the Revised General
Ordinances), as amended.
As used in this article, the following terms shall have the
meanings indicated:
An activity involving the sale of goods or services carried
out for profit.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Warren County District
Solid Waste Management Plan to be source separated of 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.
Any building, including but not limited to any related structure,
accessory building, and land appurtenant thereto, and any part thereof,
which contains 10 or more units of dwelling space or has sleeping
facilities for 25 or more persons and is kept, used, maintained, advertised
as, or held out to be a place where sleeping or dwelling accommodations
are available to transient or permanent guests. This definition shall
also mean and include any hotel, motor hotel, motel, or established
guesthouse, which is commonly regarded as a hotel, motor hotel, motel
or established guesthouse, as the case may be, in the community in
which it is located; provided that this definition shall not be construed
to include any building or structure defined as a multiple dwelling
in this act, registered as a multiple dwelling with the Commissioner
of Community Affairs as hereinafter provided, and occupied or intended
to be occupied as such, nor shall this definition be construed to
include a rooming house or a boardinghouse as defined in the Rooming
and Boarding House Act of 1979, P.L. 1979, c. 496 (N.J.S.A. 55:13B-1
et seq.), or except as otherwise set forth in P.L. 1987, c. 270 (N.J.S.A.
55:13A-7.5, 55:13A-7.6, 55:13A-12.1, 55:13A-13.2), any retreat lodging
facility, as defined in this section.
Any building or structure of complex buildings in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes (see N.J.S.A. 13:1E-99.13a) except hotels, motels, or guesthouses serving transient or seasonal guests as those terms are defined under Subsection (j) of § 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 and who shall be authorized to enforce the provisions of this
article, 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 municipality
of Knowlton Township.
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 product.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
A.Â
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 municipality of Knowlton Township, 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 Knowlton.
B.Â
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 article which require 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 article, 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 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.Â
All containers 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.
B.Â
All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the Municipality of Knowlton Township.
A.Â
The owners/occupants of single-family and two-family dwellings shall
be responsible for compliance with this article.
B.Â
For multifamily units, the management or owner is responsible for
setting up and maintaining the recycling system, including the designation
of a building/complex recycling coordinator who will oversee the recycling
system which includes the collection of recycling materials.
C.Â
Violations and penalty notices will be directed to the owner, occupants,
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.Â
All commercial, business, or industrial facilities shall be required
to comply with the provisions of this article.
B.Â
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 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.Â
Annually, every business, institution, or industrial facility shall
report to the Municipal Recycling Coordinator the recycling activities
undertaken at its premises, including the amount of recycled material,
by material type, collected and recycled and the vendor or vendors
providing recycling service. The forms to be used will be provided
by the Municipal Recycling Coordinator.
D.Â
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.
A.Â
Any application to the Planning Board of the municipality of Knowlton
Township, 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)Â
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
(2)Â
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)Â
Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
B.Â
Prior to the issuance of a certificate of occupancy by the municipality
of Knowlton Township, 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.
A.Â
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.Â
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected 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.Â
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 municipal Board of Health, the Recycling Coordinator, the
Zoning Officer, the Building Inspector, the Housing Officer, or other
code enforcement officer, the Police Department, and the Warren 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 not less than $250, nor more than $1,000.
Each day for which a violation of this article occurs shall be considered
a separate offence. Fines levied and collected pursuant to the provisions
of this article 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 including enforcement and education.
In the event that it is determined, by a court of competent
jurisdiction, that any provision or section of this article 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.
