[HISTORY: Adopted by the Township Committee
of the Township of Hampton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-26-2011 by Ord. No. 2011-05[1]]
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 Sussex County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include (but are not limited to) grass
containers, plastic containers (PET1-2), tin cans, aluminum cans and
containers, newsprint, junk mail and magazines and cardboard. Recycling
available only at the SCMUA Convenience Center includes construction
debris, motor oil and vegetative waste.
The separation of E-waste is provided by the SCMUA during
designated times during the calendar year. No materials such as computer
CPU, keyboards, modems, printers, scanners, fax machines, televisions,
flat screens, cathode ray tube devices or other devices containing
one or more circuit boards is to be disposed of in the regular household
trash or bulky waste collection. Where possible, the homeowner or
business owner is to determine the disposal of these types of devices
at the point of new purchase when purchasing a new unit.
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 § 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, among other things, 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 Township
of Hampton.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purpose
of recycling.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from the solid waste
for the purpose of recycling.
A.
Mandatory source-separation. It shall be mandatory for all persons
who are owners, tenants or occupants of residential or 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 Hampton, 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 Hampton.
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 the municipal boundaries from the source-separation
regulations of the ordinances which require persons generating municipal
solid waste with its boundaries to source-separate from the municipal
solid waste stream specific specified recyclable materials if those
persons have otherwise provided for the recycling of all other 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 exemption approval. The form
shall include, at a minimum, the following information: the name of
the commercial or institutional entity, the address, lot and block
designation, the name and the official title and phone number of the
person(s) making the application on behalf of the commercial or institutional
entity, the name and address of the official contact person and phone
number of the facility which provides the services of recycling those
exempted designated recyclable materials and a certification that
the exempted designated recyclable materials will be recycled and
that on an annual basis, said recycling service provider or commercial
or institutional generator shall provide written documentation to
the municipal recycling coordinator of the total number of tons collected
and recycled for each of the designated exempted materials.
The collection of recyclable materials shall be in the manner
prescribed as follows:
A.
All
containers, whether garbage cans, containers, buckets or baskets,
containing recyclable materials shall be placed prior to collection
as near to the edge of the road so as not to constitute a danger to
motorists, and where said 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 items to be disposed
of shall be placed as noted above any time 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, all containers
shall be removed from the roadside no later than 7:00 p.m. of the
day of collection.
B.
All
receptacles or dumpsters shall be maintained in accordance with the
Health Code of the Township of Hampton.
The owner of every 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 Township. Violations and penalty
notices will be directed to the owner or management, in those instances
where the violator is not easily identifiable. The management or owner
of multifamily units shall issue written notification and collection
rules to new tenants or owner upon change of 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 responsibly 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 waste
receptacles and disposal services for solid wastes shall also provide
receptacle(s) for designated recyclable materials and shall provide
for recycling service for their contents.
C.
Every business, institution or industrial facility shall report on
an annual basis to the recycling coordinator, on such forms as may
be prescribed by the Township on recycling activities at their premises,
including amounts of recycling materials disposed of including the
type of materials collected and recycled and the name, address and
phone number of the vendor or vendors providing recycling service.
D.
All food service establishments, as defined in the Health Codes,
shall in addition to compliance with all other recycling requirements
be required to recycle grease and cooking oils created in the processing
of foods or food products and maintain such recycling records as may
be prescribed for inspection by the code enforcement officer, health
inspector and or the municipal recycling coordinator.
A.
Any application to the Planning Board of the Township for subdivision
or site plan approval for the construction of multifamily dwellings
of three or more units, single-family development of 50 or more units
or any commercial, institutional or industrial development for the
utilization of 100 square feet or more of land must include a recycling
plan. The site plan must contain, at a minimum, the following:
[Amended 10-26-2021 by Ord. No. 2021-12]
(1)
A detailed analysis of the expected composition and amounts of solid
waste and recyclables which will be generated at the proposed development.
(2)
Recycling locations 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 and approved
by the recycling coordinator.
(3)
All areas to be provided for the indoor or enclosed outdoor storage
and pickup of solid waste shall be shown and approved by the municipal
engineer.
B.
Prior to the issuance of a certificate of occupancy by the municipality
of the Township of Hampton, 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.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or contains visible signs of, designated
recyclable materials and to collect solid waste which visibly displays
a warning notice sticker or some other device indicating that the
load of solid waste contains designated recyclable materials. 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 recyclable to accumulate will be
considered a violation of this article and the local sanitary code.
B.
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 officer, the municipal health office, the
construction official, the property maintenance supervisor and/or
the municipal recycling coordinator are hereby individually and severally
empowered to enforce the provisions of this article.
A.
Any person, corporation, occupant or entity that violates or fails to comply with any provisions 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 $100, or more than $250 for the first offense, by a fine of not less than $250 or more than $500 for the second offense, by a fine of not less then $500 or more than $1,000 for the third or more offenses. The respective enforcing authority as set forth in § 44-8 may in his or her discretion post warning stickers for the first offense. Each day for which a violation of this article occurs shall be considered a separate offense.
B.
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into a Municipal Recycling Trust Fund.
Monies in this Trust Fund shall be used for the expenses of the municipal
recycling program.
[Adopted 4-26-2011 by Ord. No. 2011-06[1]]
As used in this article, the following terms shall have the
meanings indicated:
The property owner or the person or entity carrying out the
covered project.
A construction, renovation, or demolition project for which
a building permit or a demolition permit is required and for which
a dumpster or roll-off container shall be placed on the premises for
the purpose of placement of solid waste materials.
A debris recovery plan shall be filed with the Construction
Official prior to the commencement of any covered project as defined
herein for which municipal approval is further identified above. The
debris recovery plan shall identify the types and estimated quantities
of construction and demolition debris to be generated from the project,
how each material will be managed and the name of each facility or
service provider that will be use to manage the disposal of each type
of material. The plan shall further detail how the applicant shall
ensure that a minimum of 50% of the materials to be generated will
be separated and recycled.
A.
Approval. A debris recovery plan shall be reviewed by the municipal
recycling coordinator and approved provided that it provides all of
the information required by this article. An approved debris recovery
plan shall be marked approved and returned to the applicant.
B.
Denial. A debris recovery plan shall not be approved if it does not
provide all of the information required by this article. If a debris
recovery plan is not approved, the applicant shall be notified in
writing that the plan has been rejected including the reasons for
the rejection. In order to obtain a building or demolition permit,
the applicant shall make the required changes and resubmit the recovery
plan to the recycling coordinator for further review.
A.
Application. If the applicant of a covered project experiences circumstances
that make it infeasible to comply with the diversion requirements
required by this article, the owner of the entity may apply for an
adjustment. The owner shall indicate in writing why it is not feasible
to divert 50% of the materials being generated by the project and
specify what percentage of diversion can be achieved. Increased costs
in order to comply with the requirements of this article will not
be an acceptable justification for an adjustment.
B.
Review. The municipal recycling coordinator shall review the information
supplied by the applicant. If warranted, the municipal recycling coordinator
shall attempt to contact the applicant to discuss possible ways of
meeting the diversion requirements.
C.
Granting of an adjustment. If the recycling coordinator determines
that it is not feasible to divert 50% of the construction and demolition
debris from the project, the percentage of diversion required shall
be adjusted. The applicant shall be notified in writing of the adjusted
diversion requirements. The applicant shall be required to divert
the percentage of debris required by the adjustment granted.
D.
Denial of an adjustment. If the recycling coordinator determines
that it is feasible for applicant to meet the diversion requirement
required by this article, the applicant shall be notified in writing
of the denial of the diversion requirement adjustment.
Documentation. Upon completion of the project but before the
final inspection, the owner or the entity carrying out the project
shall submit, in person or by certified mail to the municipal recycling
coordinator, the documentation required to demonstrate that the applicant
has met the diversion requirements. The required documentation shall
include the following:
A.
A completed debris recovery report, signed by the owner of the entity
carrying out the work, indicating the quantity of each material generated
during the project diverted or disposed;
B.
Receipts from all facilities or service providers utilized to divert
and dispose of the materials generated during the construction or
demolition project; and
C.
Any additional information that the owner or the entity carrying
out the project believes is relevant to determining compliance with
the diversion requirements.
The municipal recycling coordinator shall review the information
submitted pursuant to this article and determine whether the applicant
has complied or failed to comply with the diversion requirements.
The determination regarding compliance will be provided to the applicant
in writing.
An applicant may appeal a determination of failure to comply
under this article to the Municipal Construction Department within
30 days of receipt of the determination. The appeal shall be in writing
and shall state the facts and basis for the appeal. A decision by
the Construction Official shall be final.
The code enforcement official, the municipal health official,
the construction official and/or the municipal recycling coordinator
are hereby individually and severally empowered to enforce the provisions
of this article.
A.
Any person, corporation, occupant or entity that violates or fails to comply with any provisions 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 $100, or more than $250 for the first offense, by a fine of not less than $250 or more than $500 for the second offense, by a fine of not less than $500 or more than $1,000 for the third or more offenses. The respective enforcing authority as set forth in § 44-17 may in his or her discretion post warning stickers for the first offense. Each day for which a violation of this article occurs shall be considered a separate offense.
B.
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into a Municipal Recycling Trust Fund.
Monies in the Trust Fund shall be used for the expenses of the municipal
recycling program.
