Borough of Hampton, NJ
Hunterdon County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 10-25-2010 by Ord. No. 6-2010[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV, Recycling, adopted 3-9-1992 by Ord. No. 2-92, as amended.
As used in this article, the following terms shall have the meanings indicated:
COUNTY
The implementing agency for the Hunterdon County Solid Waste Management Plan, the Hunterdon County Utilities Authority.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Hunterdon County District Solid Waste Management Plan to be source-separated for the purpose of recycling. Theses materials include:
A. 
Designated recyclable materials for the generators of residential, commercial, industrial and institutional waste:
(1) 
Corrugated: containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
(2) 
Mixed office and computer paper: any and all types of office-type paper, including, but not limited to: computer paper, high-grade white paper, typing paper, copier paper, onion-skin, tissue paper, notepads, envelopes, manila folders and colored paper, or any mix thereof.
(3) 
Newspaper: all paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association Grade Nos. 6, 7 and 8 news).
(4) 
Other paper/magazines/junk mail: all paper which is not defined as corrugated, mixed office paper, computer paper or newspaper.
(5) 
Glass containers: all glass containers used for packaging food or beverages.
(6) 
Aluminum cans: food and beverage containers made entirely of aluminum.
(7) 
Steel cans: rigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages and a variety of other household and consumer products.
(8) 
Plastic containers: containers including polyethylene terephthalate (PETE No. 1) soda bottles; and high-density polyethylene (HDPE No. 2), e.g., milk, water or detergent.
B. 
Additional designated recyclable materials for the generators of commercial, industrial and institutional waste:
(1) 
White goods and light iron: all 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.
(2) 
Antifreeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
(3) 
Batteries, lead-acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. These do not include consumer batteries.
(4) 
Used motor oil: petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
(5) 
Tires: rubber-based scrap automotive, truck or specialty (e.g., forklift) tires. The tires must be recycled at a facility approved by the New Jersey Department of Environmental Protection.
C. 
Designated recyclable materials from generators of residential waste that are collected by Hunterdon County:
(1) 
Antifreeze: all automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
(2) 
Batteries, lead-acid: batteries from automobiles, trucks, other vehicles and machinery and equipment. These do not include consumer batteries.
(3) 
Used motor oil: petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
(4) 
Batteries, household: any type of button, coin, cylindrical rectangular or other shaped enclosed device or sealed container which was utilized as an energy source for commercial, industrial, medical, institutional or household use. These do not include lead-acid batteries from vehicles.
(5) 
Mercury-containing devices: fluorescent and compact florescent tubes (CFTs), high intensity discharge (HID) and neon lamps, electrical switches, thermostats and any batteries containing mercury.
(6) 
Petroleum-contaminated soil: nonhazardous soils containing petroleum hydrocarbons resulting from spills, leaks or leaking underground storage tanks used for gasoline or any other commercial fuel and which are recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1 et seq. Note: This material can be recycled at Class B facilities (for example, authorized asphalt manufacturers).
MUNICIPAL RECYCLING COORDINATOR
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;
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Borough of Hampton.
RECYCLABLE MATERIAL
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.
RESIDENTIAL COMPLEX
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.).
RESIDENTIAL PROPERTY
Any building or structure or complex of buildings in which less than three 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.)
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated from solid waste at the point of generation by the generator thereof for the purposes of recycling.
SOURCE SEPARATION
The process by which recyclable materials are separated from solid waste at the point of generation by the generator thereof for the purposes of recycling.
A. 
In order to carry out the requirements of the New Jersey Mandatory Source Separation and Recycling Act ("Act")[1] and the Hunterdon County Recycling Plan ("Plan"), the position of Municipal Recycling Coordinator is hereby established. The Municipal Recycling Coordinator shall be responsible for compliance with said Act, Plan and applicable Borough regulations.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
B. 
The Municipal Recycling Coordinator will be annually appointed by the Borough Council and will serve a term of one year.
C. 
The Municipal Recycling Coordinator will report to the Borough Council at least once annually on the status of the Municipal Recycling Program and shall from time to time advise and make recommendations as to how the requirements set forth in this article may be effectuated.
D. 
The Municipal Recycling Coordinator will establish a collection schedule and collection requirements for the Borough of Hampton. The Mayor and Borough Council may, by majority vote, change, modify, repeal or amend any portion of the collection schedule or requirements.
E. 
The Municipal Recycling Coordinator will attend all Municipal Recycling Coordinator meetings that the Borough deems to be important. This includes meetings that may be conducted by the state, the county or other appropriate organizations.
F. 
The Municipal Recycling Coordinator shall promote the Municipal Recycling Program by educating citizens, businesses, institutions and organizations of the need to participate in the Municipal Recycling Program and shall explain to citizens, businesses, institutions and organizations the provisions of the mandatory recycling ordinance and assist in the enforcement thereof.
A. 
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 Borough 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 or occupants of such premises. Designated recyclable materials from residential properties and complexes shall be placed separately at the curb in a manner and on such days and times as may be established by the Borough.
B. 
The Borough shall collect recyclable materials as described in Subsection A of the definition of recyclable materials above from residential properties and complexes within the Borough according to the schedule established by the Municipal Recycling Coordinator. Owners and/or occupants of residential properties and complexes within the Borough shall provide for the proper disposition of recyclable materials not collected by the Borough.
C. 
Every owner and/or occupant of nonresidential premises must contract with a private solid waste collector for the removal and disposition of recyclable materials as set forth in this article.
D. 
In the event that a municipal, county or state facility accepts mandatory recyclable material as set forth in this article, then the residential and/or nonresidential owner or occupant may utilize such facility, to the extent permitted by the owner or operator of such facility.
A. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this article. For multifamily units, the management or owner is responsible for setting up and maintaining a recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the Municipal Recycling Officer and approved by the Borough. Violation and penalty notices will be directed to the occupant. In instances where the violator is not easily identifiable, violation and penalty notices will be directed to the owner/management. The owner/management shall issue notification and collection rules to occupants when they arrive and at least twice annually during their occupancy.
B. 
Occupants and/or owners of any residential property who fails to abide by the rules and regulations of this section may be fined not less than $50 nor more than $250 for each violation. Prior to taking enforcement action pursuant to this section, the Recycling Coordinator or other enforcement officer shall issue one warning to any occupant who is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
A. 
The occupants and owners of any residential property shall be responsible for compliance with this article.
B. 
Occupants within a residential complex who fail to comply with the requirements of this article may be fined not less than $50 nor more than $250 for each violation.
C. 
The owner/management shall issue notification and collection rules to new tenants when they arrive and at least twice annually during their occupancy.
D. 
Owners (or their agents) who fail to abide by the rules and regulations of this section may be fined up to $250 for each violation. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to the owner who is in violation of this section. The warning shall include educational information regarding proper procedures for recycling, including instruction as to how the owner can reasonably provide adequate recycling facilities to ensure compliance with this article.
A. 
Commercial, industrial and institutional establishments are defined as all entities which operate or conduct any business whatsoever which cannot be included within the definitions of a residential dwelling or complex.
B. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
C. 
Unless the property owner provides for the collection of designated recyclable materials, arrangement for collection of designated recyclables shall be the responsibility of the commercial, institutional or industrial occupant. All commercial, institutional or industrial property owners 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.
D. 
Unless the property owner provides for the collection of designated recyclable materials, every occupant of a commercial, industrial or institutional facility or their designee (including solid waste and recycling transporters) shall cooperate in communicating recycling activity. Such communication shall include reporting to the Municipal Recycling Coordinator, by February 15 of each year, the occupant's recycling activity of the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
E. 
If the property owner provides recycling collection services for the occupants of the property, the owner or his or her designee (including solid waste and recycling transporters) shall cooperate in communicating recycling activity. Such communication shall include reporting to the Municipal Recycling Coordinator, by February 15 of each year, the recycling activity on the property in the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
F. 
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.
G. 
Commercial, industrial or institutional occupants or owners who fail to abide by the rules and regulations of this section may be fined not less than $50 nor more than $1,000 for each violation. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
New developments of multifamily residential units and commercial, institutional or industrial properties shall comply with the following:
A. 
Any application to the Planning Board of the Borough of Hampton, 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, in a convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
B. 
Prior to the issuance of a certificate of occupancy by the Borough 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.
C. 
Provisions 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 for collection, no person, other than those authorized by the municipality, shall tamper with, collect, remove or otherwise handle solid waste or designated recyclable materials.
D. 
Solid waste collectors who fail to abide by the rules and regulations of this section may be fined not less than $50 nor more than $1,000. Prior to taking enforcement action pursuant to this section, the Municipal Recycling Coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
A. 
A minimum of once a year, or when necessary to reflect program or regulatory modifications, all solid waste transporters operating in Hampton Borough must notify all customers:
(1) 
What materials are designated to be source-separated from solid waste and must be recycled in Hunterdon County and that these items are prohibited in solid waste.
(2) 
That discovery of designated recyclable items in solid waste may result in the waste not being collected and that the generator is subject to a monetary fine.
(3) 
That solid waste transporters are prohibited by law from collecting solid waste containing mandated recyclable materials.
(4) 
That documentation of proof of solid waste and recycling collection service must be maintained and that this documentation must be made available to the property owner, municipality or county upon request.
B. 
No later than February 15 of each year, all solid waste transporters will provide a detailed report of all recycling activities to all commercial and institutional solid waste customers. The report will include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
C. 
No later than February 15 of each year, all solid waste transporters will provide each municipality and the county with a summarization of recycling activity in that municipality, including totals of all residential, commercial and institutional recycling. The report will include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the Municipal Recycling Coordinator and directed to the attention of the Municipal Recycling Coordinator by name and address. The county must also be copied on this information.
D. 
Failure of the solid waste transporter to comply with the provisions of this amendment to the Solid Waste Management Plan and pertinent municipal recycling ordinance shall constitute a violation and subject the solid waste transporters to those penalties as prescribed in the pertinent municipal recycling ordinance and state recycling regulations.
Unless the solid waste and recycling collection services are otherwise provided for by the municipality, pursuant to N.J.S.A. 40:66-5.1, all residential, commercial, industrial and institutional generators of solid waste must, upon request by the municipality, supply proof that solid waste and recycling collection services have been contracted by the generator. The information requested for proof of service may include provision of weight receipts or billing statements. The procedure for requesting receipts or other documentation shall be established by the Municipal Recycling Coordinator and approved by the Borough.
Pursuant to N.J.S.A. 13:1E-99.16, the Municipal Recycling Coordinator shall, at least every six months, notify all persons occupying residential, commercial and institutional premises within the Borough of local recycling opportunities and the source separation requirements of this article by posting a notice in public places where Borough public notices are customarily posted or by other appropriate means.
A. 
The Municipal Recycling Coordinator or other person(s) so designated by the Borough 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.
B. 
Each day for which a violation of this article occurs shall be considered a separate offense.