[HISTORY: Adopted by the Township Council
of the Township of Byram as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-6-1989 by Ord. No. 2-1989;
amended in its entirety 5-18-2009 by Ord. No. 9-2009]
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.
The Township Recycling Center and/or any other Township designated
disposal site.
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 Byram.
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.
Space allocated for collection and storage of recyclable
materials.
Recyclable materials which are separated from solid waste
at the point of generation by the generator thereof for the purposes
of recycling.
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. As defined by the Sussex County Solid Waste
Management Plan, these materials include:
Aluminum cans: food and beverage containers made entirely of
aluminum.
Antifreeze: an automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
Computer printout/white ledger: all computer paper, all high-grade
white paper (including letterhead, typing paper, copier paper, onionskin,
tissue and note pad).
Concrete, asphalt and masonry/paving material: asphalt, concrete,
brick, cinder block, patio blocks, and other masonry and paving materials.
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).
Corrugated: containers, brown grocery bags, and similar paper
items, usually used to transport supplies, equipment, parts or other
merchandise.
Glass containers: all glass containers used for packaging food
or beverages.
Heavy iron: all structural steel or ferrous metal, cast-iron
components.
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.
Leaves and brush leaves: brush and other yard trimmings, including
grass clippings, from institutions, commercial or industrial sources.
Magazine and junk yard mail magazine stock: white and colored
paper and envelopes, telephone directories and books.
Mercury-containing devices: including fluorescent and compact
tubes, high-intensity-discharge (HID) and neon lamps, electrical switches,
thermostats, thermometers and any batteries containing mercury.
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.
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).
Plastic containers: containers such as polyethylene terephthalate
(PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2)
milk, and water or detergent bottles.
Scrap autos: crushed or shredded automobile or truck bodies,
excluding auto shredder residue or "fluff."
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.
Stumps, logs and tree parts: unfinished wood from land clearing
projects, storm damage or pruning activities.
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).
Tires: rubber-based scrip automotive and truck tires.
Used computer 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.
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.
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.
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).
Nonferrous and aluminum scrap: all noncontainer aluminum, stainless
steel, copper, zinc, brass, and other metals which generally do not
rust.
A.
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 Township of Byram, to separate designated recyclable
materials from all solid waste.
B.
Designated recyclable materials shall be deposited separate and apart
from other solid waste generated by the owners, tenants, or occupants
of such residential 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 Byram.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
All containers (§ 142-1, definition of "source separation," Subsections A, G, O and Q) and string-tied bundles (§ 142-1, definition of "source separation," Subsections C, F, K, M and N) 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. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by 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 Byram.
C.
All containers and string-tied bundles as defined in Subsection A can be taken to the Township drop-off point established by regulations promulgated by the Township of Byram.
D.
Any other designated recycling as defined in § 141-1 as
permitted and available as established by regulations promulgated
by the Township of Byram.
A.
Residential dwelling compliance requirements. 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 appropriate
municipal office. 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.
B.
Nonresidential establishment compliance requirements.
(1)
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this article.
(2)
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or its designee. 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.
(3)
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 its premises, including
the amount of recycled material, by material type collected and recycled
and the vendor or vendors providing recycling service.
(4)
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.
Any application to the Planning Board of the Township of Byram for
subdivision or site plan approval for the construction of multifamily
dwellings, single-family developments of 50 or more units or any commercial,
institutional, or industrial development 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.
(2)
Locations documented on the application's site plan provide
an indoor or outdoor recycling area for the collection and storage
of residentially generated recyclable materials. The dimensions of
the recycling area shall be sufficient to accommodate recycling bins
or containers which are of adequate size and number and which are
consistent with anticipated usage and with current methods of collection
in the area in which the project is located. The dimensions of the
recycling area and the bins or containers shall be determined in consultation
with the District Recycling Coordinator and shall be consistent with
the District Recycling Plan adopted pursuant to Section 3 of P.L.
1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements
of the Municipal Master Plan adopted pursuant to Section 26 of P.L.
1987, c. 102 (N.J.S.A. 40:55D-28).
B.
The recycling area shall be conveniently located for the residential
disposition of recyclable materials, preferably near, but clearly
separated from, a refuse dumpster.
C.
The recycling area shall be well lit and shall be safely and easily
accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling area without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling area, and the bins or containers placed therein,
against theft of recyclable materials, bins or containers.
D.
The recycling area or the bins or containers placed therein shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard and which are located in an outdoor recycling area
shall be equipped with a lid, or otherwise covered, so as to keep
the paper or cardboard dry.
E.
Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein.
F.
Landscaping and/or fencing shall be provided around any outdoor recycling
area and shall be developed in an aesthetically pleasing manner.
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.
It shall be a violation of this article for any person unauthorized
by the Township to collect or pick up or cause to be collected or
picked up any newspapers, glass, aluminum cans, bimetal cans, high-grade
paper, corrugated paper and plastic (PET or HDPE) bottles. Each such
collection and violation thereof shall constitute a separate and distinct
offense punishable as hereinafter provided.
There is hereby established a program for the required source
separation of leaves from solid waste generated at all residential
premises within the Township of Byram.
A.
Leaves shall be separated from other solid waste and recycled:
(1)
By composting on the property of the owner, occupant or lessee in
a manner that does not present a health or safety hazard;
(2)
By depositing same at the designated Township recycling center; and/or
(3)
By placing said leaves in biodegradable bags at curbside for pickup,
collection and recycling by the Township or its authorized agent,
provided that such a program is available, and in accordance with
all applicable regulations.
B.
All residents will be notified through publication in the Township's
official newspaper of the collection schedule one month in advance
of implementation.
C.
Bags of leaves are to be placed at the curb or along the street no
more than seven days prior to the scheduled collection date.
D.
Bags of leaves may not be placed closer than 10 feet to any storm
sewer inlet.
The Code Enforcement Official, the Recycling Coordinator, the
Property Maintenance Official, the Zoning Officer, the Sussex County
Department of Health and any Township official designated by the Township
Manager 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.
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 not less than $250, nor more than $1,000.
Each day for which a violation of this article occurs shall be considered
a separate offense.
[Adopted 8-16-2010 by Ord. No. 10-2010]
The purpose of this article is to require that all dumpsters
and other refuse containers that are outdoors or exposed to stormwater
be covered at all times and prohibits the spilling, dumping, leaking
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Township of Byram and/or the waters of the state so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Byram or other public body and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls, whether owned,
leased or operated, including dumpsters, trash cans, garbage pails
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
A.
Any person who controls, whether owned, leased or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
B.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Byram Township.
Exceptions are as follows:
A.
Permitted temporary demolition containers.
B.
Litter receptacles (other than dumpsters or other bulk containers).
C.
Individual homeowner trash and recycling containers.
D.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
E.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
The Township Manager, through the Township Zoning Officer, shall
enforce the provisions of this article. It shall be unlawful for any
reason to violate any part of this article adopted by the Byram Township
Council.
Any person(s) who is found to be in violation of the provisions
of this article shall be first notified of the violation, and if the
violation is not remediated within 30 days, that person(s) shall be
liable to a penalty not to exceed $500 for each day on which the violation
exists beyond the thirty-day limit.
It is the intention of the Township Council that every provision
of this article shall be considered separable, and the invalidity
of any article, clause or provision of this article shall not affect
the validity of any other portion of this article or this chapter.
