[HISTORY: Derived from Chapter XX of the
1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent
amendments noted where applicable.]
[Amended 7-18-2000 by Ord. No. 2000-14; 6-23-2009 by Ord. No.
2009-09]
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:
As defined by the Sussex County Solid Waste Management Plan
- Residential Generators:
|
Class
|
Material
|
Definition
| |
|---|---|---|---|
|
01
|
Aluminum cans
|
Food and beverage containers made entirely of aluminum.
| |
|
03
|
Computer printout/white ledger
|
All computer paper, all high-grade white paper (including letterhead,
typing paper, copier paper, onionskin, tissue and note pad).
| |
|
06
|
Corrugated
|
Containers, brown grocery bags and similar paper items, usually
used to transport supplies, equipment, parts or other merchandise.
| |
|
07
|
Glass containers
|
AU glass containers used for packaging food or beverages.
| |
|
10
|
Leaves and brush leaves
|
Brush and other yard trimmings, including grass clippings, from
institutions, commercial or industrial sources.
| |
|
11
|
Magazine and junk mail magazine stock
|
White and colored paper and envelopes, telephone directories
and books.
| |
|
13
|
Mixed office paper
|
Items listed in computer printout/white ledger category when
mixed with envelopes, manila binders and color paper. Material is
generated by commercial/institutional sources.
| |
|
14
|
Newspaper
|
All paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Paper Institute Grade
Nos. 6, 7 and 8-news).
| |
|
15
|
Plastic containers
|
PETEers such as polyethylene terephthalate (PETE - No. 1) soda bottles, high-density polyethylene (HDPE - No. 2) milk bottles and water or detergent bottles.
| |
|
17
|
Steel cans
|
Rigid containers made exclusively or primarily of steel, tin-plated
steel and composite steel and aluminum cans used to store food, beverages,
paint and a variety of other household and consumer products.
| |
|
18
|
Stumps, logs and tree parts
|
Unfinished wood from land-clearing projects, storm damage or
pruning activities.
| |
|
19
|
Textiles
|
Textiles larger than 15 inches by 15 inches (e.g., clean clothing,
drapes, curtains, sheets, towels, cloth, belts, shoes, handbags and
small stuffed animals).
| |
|
20
|
Tires
|
Rubber-based scrip automotive and truck tires.
| |
|
22
|
Used motor oil
|
A petroleum base or synthetic oil whose use includes, but is
not limited to, lubrication of internal combustion engines, which
through use, storage or handling has become unsuitable in its original
purpose due to the presence of impurities or loss of original properties.
|
As defined by the Sussex County Solid Waste Management Plan
- Nonresidential Generators, Commercial and Institutional Sectors:
|
Class
|
Material
|
Definition
| |
|---|---|---|---|
|
01
|
Aluminum cans
|
Food and beverage containers made entirely of aluminum.
| |
|
02
|
Antifreeze
|
An automotive engine coolant consisting of a mixture of ethylene
glycol and water or propylene glycol and water.
| |
|
03
|
Computer printout/white ledger
|
All computer paper, all high-grade white paper (including letterhead,
typing paper, copier paper, onionskin, tissue and note pad).
| |
|
04
|
Concrete, asphalt and masonry/paving material
|
Asphalt, concrete, brick, cinder block, patio blocks and other
masonry and paving materials.
| |
|
05
|
Consumer batteries
|
Any type of button, coin, cylindrical, rectangular or other
shaped, enclosed device or sealed container which is utilized as an
energy source for commercial, industrial, medical, institutional or
household use (does not include lead-acid batteries from vehicles).
| |
|
06
|
Corrugated
|
Containers, brown grocery bags and similar paper items, usually
used to transport supplies, equipment, parts or other merchandise.
| |
|
07
|
Glass containers
|
AU glass containers used for packaging food or beverages.
| |
|
08
|
Heavy iron
|
All structural steel or ferrous metal, cast iron components.
| |
|
09
|
Lead-acid batteries
|
Batteries from automobiles, trucks, other vehicles and machinery
and equipment, which shall be stored in a manner that protects them
from the elements to avoid corrosion and leakage.
| |
|
10
|
Leaves and brush leaves
|
Brush and other yard trimmings, including grass clippings, from
institutions, commercial or industrial sources.
| |
|
11
|
Magazine and junk mail magazine stock
|
White and colored paper and envelopes, telephone directories
and books.
| |
|
12
|
Mercury-containing devices
|
Includes fluorescent and compact tubes, high-intensity discharge
(HID) and neon lamps, electrical switches, thermostats, thermometers
and any batteries containing mercury.
| |
|
13
|
Mixed office paper
|
Items listed in computer printout/white ledger category when
mixed with envelopes, manila binders and color paper. Material is
generated by commercial/institutional sources.
| |
|
14
|
Newspaper
|
All paper marketed as newsprint or newspaper and containing
at least 70% newsprint or newspaper (American Paper Institute Grade
Nos. 6, 7 and 8-news).
| |
|
15
|
Plastic containers
|
PETEers such as polyethylene terephthalate (PETE - No. 1) soda bottles, high-density polyethylene (HDPE - No. 2) milk bottles and water or detergent bottles.
| |
|
16
|
Scrap autos
|
Crushed or shredded automobile or truck bodies, excluding auto
shredder residue or "fluff."
| |
|
17
|
Steel cans
|
Rigid containers made exclusively or primarily of steel, tin-plated
steel and composite steel and aluminum cans used to store food, beverages,
paint and a variety of other household and consumer products.
| |
|
18
|
Stumps, logs and tree parts
|
Unfinished wood from land-clearing projects, storm damage or
pruning activities.
| |
|
19
|
Textiles
|
Textiles larger than 15 inches by 15 inches (e.g., clean clothing,
drapes, curtains, sheets, towels, cloth, belt, shoes, handbags and
small stuffed animals).
| |
|
20
|
Tires
|
Rubber-based scrip automotive and truck tires.
| |
|
21
|
Used consumer electronics
|
Any appliance used in a business that includes circuitry. Includes
components and subassemblies of the electrode products. Examples include
computers and peripherals, printers, copiers, VCRs, televisions, cell
phones and fax machines, etc.
| |
|
22
|
Used motor oil
|
A petroleum base or synthetic oil whose use includes, but is
not limited to, lubrication of internal combustion engines, which
through use, storage or handling has become unsuitable in its original
purpose due to the presence of impurities or loss of original properties.
| |
|
23
|
White goods and light iron
|
All large appliances such as washers, dryers, refrigerators,
etc., as well as products made from sheet iron, such as shelving,
file cabinets, metal desks, recycled or reconditioned steel drums,
and other nonstructural ferrous scrap.
| |
|
24
|
Wood scrap
|
Unfinished lumber from construction or demolition projects,
including pallets. Unfinished shall mean non-chemically treated (not
pressure treated, impregnated with preservatives, insecticides, fungicides,
creosote or other chemicals and not painted, resin-coated or otherwise
surface treated, and not laminated or bonded; and not similarly altered
from its natural condition).
| |
|
25
|
Nonferrous and aluminum scrap
|
All noncontainer aluminum, stainless steel, copper, zinc, brass
and other metals which generally do not rust.
|
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 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 municipality
of Hardyston 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 products.
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.
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 Hardyston, 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. Designated recyclable materials
generated by the owners, tenants or occupants of residential premises
shall be placed separately at the curb in a manner and on such days
and times as may be hereinafter established by the regulations promulgated
by the Township of Hardyston. Designated recyclable materials generated
by the owners, tenants or occupants of nonresidential premises shall
be separated from all other solid waste and placed in separate waste
receptacles in a manner and on such days and times as provided by
the regulations promulgated by the Township or by the contract between
the generator and the contracted hauling agent.
The collection of recyclable material shall be in the manner
prescribed as follows: All containers (bagged recyclables not excepted)
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 any time after
5:00 p.m. on the day immediately preceding the day of collection,
but no later than 6:00 a.m. on the day of collection. After collection,
any containers shall be removed from the curbside by no later than
7:00 p.m. on the day of collection.
From the time of curbside placement during scheduled recycling
pickup and/or bulky waste events, if permitted, all designated materials
shall be and will become the property of the Township of Hardyston.
It shall be a violation of this chapter for any person unauthorized
by the Township of Hardyston to collect or pick up, or cause to be
collected or picked up, any such recyclables or materials. Each such
collection in violation hereof from one or more properties shall constitute
a separate and distinct offense punishable as hereinafter provided.
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 State of New Jersey and the Sussex
County Solid Waste Plan. 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 his or 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.
Every business, institution or industrial facility shall report on
an annual basis to the Recycling Coordinator, on such forms as may
be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
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-99.13a and 13:1E-99.16c:
A.
Any application to the Planning Board of the municipality of Hardyston
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)
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
and/or Municipal Engineer.
B.
Prior to the issuance of a certificate of occupancy by the 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.
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 Recycling Coordinator or
designee assigned by the Township of Hardyston is 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.
A.
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 $100, nor more than $1,000,
based on the penalty schedule listed below.
B.
Each day for which a violation of this article occurs shall be considered
a separate offence.
C.
Any person who is convicted of violating any provision of this article
within one year of the date of a previous violation of the same article,
and who was fined for the previous violation, may be sentenced by
a court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine, but shall
be calculated separately from the fine imposed for the violation of
this article.
The Township Manager is authorized and directed
to provide one annual cleanup of bulk items of trash from residents
of the Township of Hardyston.
Any resident of the Township of Hardyston having
bulk items which they desire to have picked up may, for a fee as set
from time to time by resolution of the Township Council, purchase
a bulk pickup card.[1] The Township Clerk shall keep a record or list of all
persons purchasing such cards, which list shall contain the names
and addresses of the purchasers and the Tax Map block and lot numbers
of the property. Said list shall be made available to the Township
Road Department or such other person, firm or corporation authorized
by the Township Council to make pickups of bulk waste items for the
Township. The maximum limit of bulk waste which may be disposed of
by any person holding such a pickup card shall be 750 pounds and shall
not include any hazardous waste substance.
Said annual bulk waste cleanup shall be subject
to such specific rules and regulations as may from time to time be
adopted by resolution of the Township Council, and copies of said
rules and regulations shall be given to each person purchasing a pickup
card. A copy of said regulations shall also be posted on the bulletin
board in the Municipal Building and, in addition, as required by N.J.S.A.
40:69A-183, a copy shall be filed in the office of the Municipal Clerk
and shall be published once in the official newspaper.
Any person violating any term or provision of this article or of any rule or regulation duly adopted pursuant hereto shall, upon conviction thereof, be subject to the fines and penalties as provided in Chapter 1, General Provisions.
