[Adopted 11-14-1995 by Ord. No. 95-12; amended in its entirety 4-10-2008 by Ord. No. 2008-5]
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 Morris County District
solid waste management plan to be source separated for the purpose
of recycling. These materials include:
Aluminum cans: cans made from aluminum that was manufactured
to hold a serving of a beverage. Specifically omitted from this definition
are aluminum foil and aluminum pie plates.
Glass bottles and jars: Bottles and jars made from glass, including
clear, brown and green glass. A "bottle" is defined as a receptacle
having a narrow neck and a mouth that can be corked or capped. A "jar"
is defined as a wide-mouthed container that can be capped. Caps and
lids not included. Specifically omitted from this definition are drinking
glasses, windows, mirrors, light bulbs, and anything made of Pyrex®
or ceramic.
Plastic bottles (coded 1 and 2): plastic bottles coded to indicate
that they are comprised of the specific types of plastic compounds
(polymers) known as polyethylene terephthalate (PETE) or high-density
polyethylene (HDPE). See symbols below. A "bottle" is
defined as a receptacle having a narrow neck and a mouth that can
be corked or capped. Caps and lids not included. Any item made of
plastic that is not a bottle and any plastic bottle without one of
the symbols shown to the left is specifically omitted from this definition.
Empty bottles which contained hazardous materials, such as motor oil,
antifreeze, etc., should not be recycled.
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polyethylene terephthalate (PETE)
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high-density polyethylene (HDPE)
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Steel (tin) cans: An airtight container for the distribution
or storage of goods, composed of thin, usually ferrous, metal. Examples
are soup cans and tuna fish cans.
Newspaper: a publication containing news, information and advertising,
usually printed on low-cost paper called "newsprint." Newspaper may
include glossy inserts which come with the paper, dependent upon the
market conditions at the time.
Corrugated cardboard: shipping containers made with kraft paper
linerboard and corrugated medium.
Mixed paper: various categories of recyclable paper, including
but not limited to white and colored paper used in printers, photocopiers
and fax machines, white and colored ledger paper, carbonless copy
paper, construction paper, undeliverable mail, mailed promotional
letters/advertisements/circulars, magazines, catalogues, envelopes,
soft-cover books.
Leaves: vegetative material, typically generated in the autumn
when they fall from trees and then are raked from residents' and/or
commercial lawns.
Grass clippings: vegetative material generated when grass (lawns)
are cut.
Brush: branches, woody plants and other similar vegetative material.
Leaves and grass do not constitute brush.
Natural wood waste: logs, stumps, branches and other wood tree
parts. Dimensional lumber is omitted from inclusion in this definition.
Oil-contaminated soil: nonhazardous soil that contains petroleum
hydrocarbons (gasoline, diesel, kerosene, jet fuel, No. 4 and No.
6 heating oils and certain other refinery products, including coal
tar). This type of soil shall be determined to be nonhazardous in
accordance with the standards set forth in N.J.A.C. 7:26.
Used motor oil: motor oil from motor vehicles, lawn mowers,
boats, etc., which has served its intended useful purpose.
Lead-acid batteries: storage batteries in which the electrodes
are grids of lead containing lead oxides that change in composition
during charging and discharging and the electrolyte is dilute sulfuric
acid. These include starting batteries such as car batteries that
deliver a short burst of high power to start the engine. In addition,
they may include deep cell batteries found on boats or campers used
to power accessories like trolling motors, winches or lights.
Hazardous dry cell batteries: rechargeable batteries, such as
nickel-cadmium, nickel-iron, nickel metal hydride, lithium ion, small
sealed lead acid, etc. These are often used as substitutes for nonrechargeable
batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable
batteries are commonly found in cordless tools, cellular and cordless
phones, laptop computers, cameras, remote controls, toys, etc. Also
included in this definition are nonrechargeable batteries that are
hazardous as defined by the Resource Conservation Recovery Act ("RCRA"),
regardless of the RCRA exclusion of household waste from the definition
of "hazardous waste" pursuant to 40 CFR 261.4(b). Nonrechargeable,
hazardous batteries include older alkaline and carbon zinc batteries
as well as silver oxide, mercury and magnesium button-type batteries,
etc. It should be noted that domestically manufactured alkaline and
carbon zinc nonrechargeable batteries made after circa 1994 eliminated
mercury content to the point that they should not be considered RCRA
hazardous and therefore are not included in this material category.
Metal appliances: appliances composed predominantly of metal,
and may include stoves, washing machines and dryers, for example,
if the appliance is predominantly metal. Also included are air conditioners,
refrigerators and dehumidifiers if they are predominantly metal. If
these appliances on the latter list contain refrigerants that are
prohibited by the Clean Air Act from being knowingly vented, the refrigerant
must be recovered accordingly.
Whole tires: tires that are whole, not chipped into small pieces.
(NOTE: Tires are allowed to be recycled and/or incinerated for energy
recovery.)
A computer central processing unit and associated hardware,
including keyboards, modems, printers, scanners and fax machines;
a cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones.
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
Subdivision (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 Mayor, with the advice
and consent of the Borough Council, to fulfill the requirements of
the Morris County solid waste management plan and the New Jersey Statewide
Mandatory Source Separation and Recycling Act[1] and those rules and regulations promulgated therefor.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of Netcong.
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.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
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 are not limited to retail and other
commercial locations, as well as government, schools and other institutional
locations within the Borough of Netcong, 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 Borough
of Netcong.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source-separate, from
the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
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 this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
As set forth in N.J.S.A. 13:1E-99.13b(4)(c), the Borough of
Netcong accepts the goal of 50% recycling of municipal solid waste
by 2015 and shall monitor its level of recycling and solid waste disposal
and shall strive to achieve the recycling of 50% of the municipal
solid waste generated within its borders.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
All containers and brown paper bags 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 anytime 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 Borough of Netcong. The owner of any property
shall be responsible for compliance with this article.
C.
Removal of tires. All Borough residents seeking to have up to five tires per month removed from residential premises may obtain a request form the Borough. Upon the filing of a written request on the appropriate form and payment of the fee as set forth in Chapter 155, a Borough tire removal sticker will be provided to the resident. The resident shall affix the sticker to the tire and place it at curbside the day before the scheduled pickup date. The Borough will only remove such items that have the appropriate sticker affixed. Damaged, illegible or partial stickers may be deemed void.
[Added 7-8-2021 by Ord.
No. 2021-17]
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.
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/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 its 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.
A.
Any application to the Planning Board of the Borough of Netcong,
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.
B.
Prior to the issuance of a certificate of occupancy by the Borough
of Netcong, 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 Board of Health, the Recycling
Coordinator, the Zoning Officer, and the Morris County Department
of Health are hereby individually and severally empowered to enforce
the provisions of this article. An inspection may consist of sorting
through containers and the opening of the 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 $25 nor more than $1,000. Each
day for which a violation of this article occurs shall be considered
a separate offence.
B.
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Monies in the Municipal Recycling Trust Fund
shall be used for the expenses of the municipal recycling program.
