[HISTORY: Adopted by the Township Council of the Township
of Marlboro 2-4-2010 by Ord. No. 2010-1.[1]Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
284, Recycling, adopted 5-14-1987 by Ord. No. 12-87 (Ch. 118 of the
1981 Code), amended in its entirety 11-23-1993 by Ord. No. 50-93.
A.
It shall be mandatory for all persons who are owners, lessees and
occupants of residential properties, of business and industrial properties,
and of private or public and government institutions and buildings,
to separate newspaper, corrugated cardboard, clean mixed paper, aluminum
cans, tin and bimetal cans, glass bottles and jars, and pourable plastic
bottles ("designated recyclables"), from all other solid waste produced
by such residences and establishments, for the separate collection
and ultimate recycling of such materials.
(1)
Newspaper shall mean and include paper of the type commonly referred
to as newsprint, and includes any inserts which are normally included
in the newspaper. Specifically excluded are any pages of the newspaper
used for household projects and crafts, such as painting or paper
mache projects, or used for cleanup of pet waste.
(2)
Corrugated cardboard shall mean layered cardboard, including a waffled
section between the layers, of the type commonly used to make boxes
and cartons. Specifically excluded are waxed cardboard and any cardboard
contaminated by direct contact with food, such as pizza boxes.
(3)
Clean mixed paper shall mean high-grade bond paper, mixed office
and school papers, such as stationery, construction paper and writing
tablets, including computer printouts, magazines, gift wrapping paper,
softcover books, junk mail and single-layer cardboard (chipboard).
Specifically excluded are carbon papers, hardcover books (unless cover
and binder are removed), paper cups and plates, food wrappers or any
other paper contaminated by direct contact with food products, and
paper products used for personal hygiene, such as tissues.
(4)
Aluminum cans shall mean all disposable cans made of aluminum used
for food or beverages. Specifically excluded are aluminum foils, pie
tins, trays, cookware and other aluminum products.
(5)
Tin and bimetal cans shall mean all disposable cans made of tin,
steel or a combination of metals, including, but not limited to, containers
commonly used for food products. Specifically excluded are cans which
contain toxic products, such as paints and oils.
(6)
Glass bottles and jars shall mean transparent or translucent containers
made from silica or sand, soda ash and limestone, used for the packaging
or bottling of various products. Specifically excluded are dishware,
light bulbs, window glass, ceramics and other glass products.
(7)
Pourable plastic containers shall mean plastic bottles where the
neck is smaller than the body of the container, and is limited to
plastic resin type #1 PET and plastic resin type #2 HDPE. Specifically
excluded are other resin types (#2 through #7) and non-bottle plastic
containers such as margarine tubs and other consumer items and packages,
such as film plastics, blister packaging, boxes, baskets, toys and
other products.
B.
Residences, businesses and institutions provided with recyclables
collection service by Township forces or through Township contract
shall place all designated recyclables in the appropriate containers
at curbside or other area(s) in the manner and schedule as regularly
published and distributed by the Township.
C.
Any multifamily complex, business or institution not provided recyclables
collection service by Township forces or through Township contract
shall be responsible for arranging the appropriate separation, storage,
collection and ultimate recycling of all designated recyclables.
D.
Any multifamily complex, business or institution which is not provided
recyclables collection service by Township forces or through Township
contract shall provide the Township with, at a minimum, an annual
report describing arrangements for both solid waste and recyclables
collection services, including the size, number and location of storage
containers, frequency of pickup service, the name and address of any
contractor hired to provide such service, and phone and other contact
information for the contractor.
E.
Leaves shall be kept separate from other vegetative waste and shall
only be placed for collection in the manner and schedule as shall
be published and distributed by the Township. Grass clippings shall
not be placed with other materials for solid waste collection. This
requirement shall not prohibit any person or establishment from making
arrangements to collect leaves and grass directly from their property
through their own efforts or via contract with a landscape service
or other appropriate company, for direct transportation to a permitted
recycling operation.
F.
The following bulky recyclables shall not be placed with solid waste
at the curbside or in containers provided for waste collection and
transportation to a disposal facility: concrete, asphalt, brick, block,
tree stumps, tree limbs over three inches in diameter, metal appliances
or bulk metal items larger than one cubic foot and/or heavier than
five pounds.
G.
Automotive and other vehicle or wet-cell batteries, used motor oil
and antifreeze shall not be disposed as solid waste. Such items are
to be kept separate from other waste materials and recyclables, and
brought to local service stations, scrap yards, or publicly operated
recycling facilities designed and permitted to handle such products.
H.
Common, nonrechargeable dry-cell batteries, commonly labeled A, AA,
AAA, C, D and 9-Volt, may be disposed with regular municipal solid
waste. However, rechargeable dry-cell and button batteries still contain
significant amounts of various toxic metals, including mercury, and
shall be separated and brought to retail outlets or publicly operated
recycling facilities providing specific arrangements for the proper
packaging and shipment of rechargeable and/or button batteries to
appropriate processing facilities.
I.
Computers, computer monitors and other related electronic hardware,
as well as analog and digital televisions, are prohibited from being
placed with other solid waste for disposal. These and other electronic
devices shall be kept separate and brought to retail outlets or publicly
operated recycling facilities providing specific arrangements for
shipment of these items to appropriate processing facilities.
A.
All designated recyclables become the property of the Township and/or
the contracted collector once placed at the curbside, in a container
provided by the contractor, or brought to and accepted at the Township
recycling center.
B.
It shall be a violation of this chapter for any unauthorized person
to pick up or cause to be picked up from the curbside or the Township
recycling center any recyclable materials as defined herein. Each
such unauthorized pickup shall constitute a separate and distinct
offense.
C.
Notwithstanding anything herein to the contrary, any person may donate
or sell self-generated recyclable materials to any person, partnership
or corporation, whether or not they are operating for profit. The
person, partnership or corporation, however, shall not pick up the
recyclable materials at curbside or from the Township recycling center.
A.
No liquids of any type shall be placed with recyclables, or with
solid waste for collection and disposal.
B.
No chemicals, liquid paints, pesticides, herbicides, reactive polishes
or cleansers, cleaning or automotive products, or other hazardous
wastes shall be placed with recyclables, or with solid waste for collection
and disposal.
A.
All apartment and other multifamily complexes, businesses, schools
and other public or private institutions shall provide separate and
clearly marked containers for use by residents, students, employees,
customers or other visitors, for trash and the various types of recyclables,
as appropriate.
B.
Any company or agency providing dumpsters, roll-off or other containers
to any apartment or other multifamily complex with shared disposal
and recycling areas, or to any business, school or other institution,
or for any construction/demolition project, shall clearly mark such
container for trash or for specific recyclables, as may be appropriate.
A.
Marlboro Township shall issue construction and demolition permits
only after the applicant has provided a debris management plan identifying
the estimated number and types of containers to be used for the handling
of all solid wastes and recyclables generated during the project,
and arrangements for the proper disposition of the generated materials.
B.
A refundable deposit of $50 to $1,000 shall be submitted with the
debris management plan, which will be returned after completion of
the project and submittal of appropriate records documenting the quantity
and disposition of solid wastes and recyclables. Inadequate or incomplete
documentation may result in the forfeiture of some or all of the required
deposit.
A.
All individuals or entities collecting recyclable material within
the Township of Marlboro must be registered with the county. Each
such individual or entity shall file a quarterly report with the Recycling
Coordinator, which shall be signed by an officer of the company, within
30 days of the end of each quarter, which shall include the quantities
and destination of each recyclable material which has been collected
from Marlboro Township residents, businesses and institutions. The
destination of the recyclable material(s) must be approved by the
county. Additionally, such individual or entity shall, within 30 days
of the end of each year, file an annual report with the Recycling
Coordinator, which shall be signed by an officer of the company, indicating
the total quantities of each recyclable material which have been collected
over the year from Marlboro Township residents, businesses and institutions.
B.
All recycling facilities receiving recyclable materials from residents,
businesses, institutions and/or multifamily housing developments within
the Township must be registered with the county. Each such facility
shall file a quarterly report with the Recycling Coordinator, which
shall be signed by an officer of the receiving facility, within 30
days of the end of each quarter showing the quantities of each recyclable
material which originated from Marlboro Township. Additionally, all
such facilities shall, within 30 days of the end of each year, file
an annual report with the Recycling Coordinator, which shall be signed
by an officer of the receiving facility, indicating the total quantities
of each recyclable material which have been collected over the year
from Marlboro Township residents, businesses and institutions.
A.
The position of Recycling Coordinator is hereby created and established
within the Township of Marlboro.
B.
The duties of the Recycling Coordinator shall include, but are not
limited to the preparation of annual or other reports as required
by state and county agencies regarding local solid waste and recycling
programs, reviewing the performance of local schools and Township
agencies in conducting recycling activities, periodic review of local
residential and business recycling practices and compliance, review
and recommendation on local subdivision and site plan submittals and
local construction and demolition projects for appropriate waste disposal
and recycling provisions, reports to the Township Council on the implementation
and enforcement of the provisions of this chapter, and such other
reports and activities as may be requested by the Township Council.
C.
The Recycling Coordinator shall be required to comply with the certification
requirements for Municipal Recycling Coordinators, as established
by the State of New Jersey. The Recycling Coordinator shall have completed
or be in the process of completing the requirements for certification
as a Certified Recycling Professional (CRP) no later than January
13, 2012, as required by the New Jersey Recycling Enhancement Act,
P.L. 2007, c.311.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-96.2 et seq.
A.
The duly appointed Township Recycling Coordinator, the Monmouth County
Health Department, the Marlboro Code Enforcement Officer and/or the
Marlboro Township Division of Police are hereby jointly and severally
empowered to inspect solid waste and recycling arrangements and compliance
at local residences, businesses, schools and institutions, and to
enforce the provisions of this chapter, by issuance of warnings, notices,
summonses and complaints. A typical inspection may consist of sorting
through containers and opening bagged solid wastes to detect the presence
of recyclable materials.
B.
Those persons authorized to inspect pursuant to this section shall
issue a warning rather than a summons following an initial inspection,
with a follow-up visit to determine compliance within a stated period
of time.
A.
Violation or noncompliance with any of the provisions of this chapter,
or of the rules and regulations promulgated hereunder, shall be punishable
by a fine as follows:
(1)
For a first offense: a written warning shall be issued by the Recycling
Coordinator;
(2)
For a second offense: a fine of $25 to $100 shall be imposed by the
Municipal Court;
(3)
For a third offense: a fine of $50 to $250 shall be imposed by the
Municipal Court; and
(4)
For fourth or subsequent offense: a fine of $250 to $1,500 shall
be imposed by the Municipal Court, and/or the performance of community
service at the direction of the recycling center, for a period not
to exceed 90 days.
B.
Each day that such violation or neglect is committed or permitted
to continue shall constitute a separate offense and be punishable
as such.
C.
Fines levied and collected in Municipal Court pursuant to the provisions
of this chapter shall be deposited into the Township Recycling Trust
Fund. Monies in the Township Recycling Trust Fund shall be used for
the expenses of the Township recycling program.
