[Adopted 2-24-2010 by Ord. No. 2-2010[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Recycling, adopted 10-26-1995 by Ord. No. 26-1995 as Sec. 14-6
of the 1994 Code, as amended.
This article shall be known as the "Recycling Regulation of
the Township."
As used in this article, the following terms shall have the
meanings indicated:
All containers comprised of aluminum, metal, tin, steel or
a combination thereof which contain or formerly contained only non-aerosol-compatible
substances or such other substances as have been approved for recycling
by the New Jersey Office of Recycling.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Gloucester County District
Solid Waste Management Plan to be source separated for the purpose
of recycling.
All products made of silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packaging
or bottling of substances, and all other material commonly known as
"glass."
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
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 Township
of Washington.
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.
The following recyclables may be placed into one container:
plastics #1 through #5; green, clear and brown glass; aluminum beverage
containers; steel food cans; newsprint; corrugated cardboard; single-ply
cardboard; and brown paper bags;
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.
Beverage cans, containers and materials constructed and consisting
solely of aluminum.
Paper of the type commonly referred to as "newsprint" and
distributed at dated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest.
A.Â
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, school and other institutional
locations within the Township of Washington, 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
Township of Washington.
B.Â
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, the governing body
of the Township of Washington may exempt persons occupying commercial
or institutional premises within its municipal boundaries from the
source-separation requirements of this Code which require 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 chapter, a commercial or institutional
generator of solid waste shall file an application for exemption with
the Township of Washington 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 used in this article, the following terms shall have the
meanings indicated:
All products made of aluminum, including aluminum cans, foil,
wrappers, containers for prepared dinners or other food, screen frames
and lawn chairs.
Used oil from auto, lawn mowers and motorcycles.
A biodegradable, two-ply, wet-strength-treated, recyclable
paper or corn silk bag which can be placed or added directly to a
compost pile.
Cardboard of the type to make cardboard boxes, cartons, pasteboard
and similar corrugated and craft paper material.
Those recyclable materials, including ferrous and nonferrous
metals, color-separated glass, food waste, corrugated cardboard, newspaper,
paper, aluminum, automotive waste oil, leaves, automobile batteries
and those materials designated by the Township of Washington Recycling
Coordinator.
All products made of metal, exclusive of aluminum, including
washers, dryers, refrigerators, stoves, hot-water heaters, tire rims,
springs, bicycles, bimetal cans (tin cans) or scrap metal.
Any edible waste material resulting from handling, preparation,
processing, cooking or consumption of food.
All products made from silica or sand, soda, ash and limestone,
which are transparent or translucent and used for packaging or bottling
of various matter and all other materials commonly known as "glass";
excluding, however, blue and flat glass, commonly known as "window
glass" or "plate glass."
Grass clippings only.
Leaves only. "Leaves" do not include grass clippings and
brush.
Any periodical published weekly, bimonthly or monthly containing
a collection of stories, articles and other features.
Paper of the type commonly referred to as "newsprint" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest. Expressly excluded, however, are all magazines
or similar periodicals as well as all other paper periodicals of any
nature whatsoever.
All metals which are not ferrous materials.
White typing and ledger paper, white notepad paper, copier
paper, carbonless computer printout paper, manila tab cards and file
folders.
A carter which holds a tariff from the New Jersey Board of
Public Utilities or a license from the New Jersey Department of Environmental
Protection.
A.Â
The position of Recycling Coordinator is hereby created and established
within the Township of Washington.
B.Â
The Recycling Coordinator shall be appointed by the governing body
for a term of one year, expiring December 31 of each year. The term
of the person first appointed as Recycling Coordinator shall expire
December 31 of the year of that person's appointment.
C.Â
The Recycling Coordinator, subject to the approval of the governing
body, shall establish and promulgate reasonable rules and regulations
as to the manner, days and times for the collection, storage, transportation,
sale and/or marketing of said recyclable materials in order to encourage
the preservation of material resources while minimizing the cost of
the recycling program to the Township of Washington.
D.Â
The Recycling Coordinator shall annually submit a recycling tonnage
report to the New Jersey Office of Recycling and other such reports
required by the Gloucester County Utilities Authority.
A.Â
It shall be mandatory for all persons, lessees and occupants of residential
property to separate aluminum cans, tin cans, color-separated glass
bottles, leaves, newspapers, magazines, ferrous and nonferrous metals,
tin cans and wood waste from all other solid waste produced by such
residences for collection/deposit and the ultimate recycling of said
material.
B.Â
Designation of recyclable materials.
(1)Â
Mandatory. The following are identified as mandatory materials:
C.Â
Separation, collection and disposal methods of designated recyclable
materials.
(1)Â
Aluminum (mandatory) shall be separated and placed in reusable containers
for curbside collection. These reusable containers shall be placed
at curbside to be collected on days designated by the Township of
Washington Recycling Coordinator.
(2)Â
Automotive waste oil and batteries (voluntary) may be separated and
disposed of in receptacles provided at the Division of Public Works.
(3)Â
Effective June 1, 2008, all metal objects and white goods (i.e.,
refrigerators, washers, dryers and other metal appliances) will not
be retrieved curbside unless a pickup is scheduled with Municipal
Services. There will be a flat retrieval rate of $20 for all metal
items and white goods. Alternatively, these same items may be disposed
of free of charge. The items may be brought to the recycling yard
located on McClure Drive next to the Municipal Services Building.
The recycling yard is open every Saturday from 8:00 a.m. to 2:00 p.m.
(4)Â
Nonferrous metals shall be separated at the curbside for collection.
These reusable containers shall be placed at the curb on days designated
by the Township of Washington Recycling Coordinator.
(5)Â
Color-separated glass (mandatory) shall be color source-separated
(clear, amber, green) and placed in individual reusable containers
for curbside collection. These reusable containers shall be placed
at the curb on days designated by the Township of Washington Recycling
Coordinator.
(6)Â
Leaves (mandatory) are to be placed at the street curb on days designated
by the Township of Washington Recycling Coordinator. Leaves are not
to be added to any other disposal garbage placed at the curb for municipal
cleanup. It is the expressed intention of this article that separation
of leaves shall be in effect 12 months of the year.
(7)Â
Newspapers (mandatory) shall be separated, secured and tied in bundles
not to exceed 15 inches in height. Such bundles shall not be contained
in plastic or brown bags. These bundles shall be placed at curbside
on days designated days by the Township of Washington Recycling Coordinator.
(8)Â
Magazines (mandatory) shall be placed at curbside to be collected
on days designated by the Township of Washington Recycling Coordinator.
(9)Â
Townhouse, condominium and apartment residents shall place mandatory
recycling items (aluminum, tin cans, color-separated glass, newspapers)
in the designated areas within their respective complex for collection
purposes as set forth in this article. These reusable containers shall
be placed at curbside to be collected on days designated by the Township
of Washington Recycling Coordinator.
(10)Â
"Grass clippings" shall mean only that which is commonly known
as "grass clippings" and shall be separated from all other recyclable
material and placed at the street curb on days designated by the Township
of Washington Recycling Coordinator.
D.Â
Set-out time. For collection pursuant to a schedule announced by
the Township of Washington Recycling Coordinator, all approved containers
must be placed at the curbline where easily accessible. No containers
shall be set out prior to 6:00 p.m. on the day prior to collection
or after 7:00 a.m. the day of collection. Empty containers shall be
removed by 8:00 p.m. on the collection day. When a regular collection
day falls on a legal holiday, containers shall not be set out until
the next regularly scheduled collection unless special announcement
of collection is made by the Township.
E.Â
Solid waste wrapped in newspaper. Notwithstanding anything to the
contrary therein, any person who is an owner, lessee or occupant may
wrap solid waste in used newspapers and discard the same with regular
solid waste.
F.Â
Procedure upon refusal to collect. Any solid waste placed for collection
by a residential user not in accordance with this section will be
refused by the municipal collector, and it shall be the responsibility
of the residential user to remove said solid waste from the curbline
by 8:00 p.m. on the day of said collection and to have it properly
containerized, packaged or secured for purposes of collection on the
next scheduled date.
G.Â
Washing containers. All aluminum, tin and glass food containers must
be washed and rinsed to be free of food residue and tin can labels
shall be removed, before placing at curbside.
The owner of any real 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 Township of Washington. 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.Â
All commercial and institutional generators of solid waste shall
be required to comply with the provisions herein.
B.Â
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the Township 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.Â
Every business, institution or industrial facility shall report on
an annual basis to the Township 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.Â
All food service establishments, as defined by the Township, county
or state 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 or by the Township of Washington Municipal Utilities Authority.
A.Â
Any application to the Township of Washington Planning Board 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)Â
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
(2)Â
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.Â
Prior to the Township of Washington issuing a certificate of occupancy,
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, should the Township of Washington
not provide this service.
C.Â
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
A.Â
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.Â
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.Â
Once placed in the location identified herein, or any rules or regulations
promulgated pursuant herein, no person, other than those authorized
by the Township, shall tamper with, collect, remove or otherwise handle
designated recyclable materials.
The Township of Washington Code Enforcement Official, the Department
of Health, the Township of Washington Recycling Coordinator, the Property
Maintenance Official, the Housing Officer and the Gloucester County
Department of Health are hereby individually and severally empowered
to enforce the provisions herein. 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.Â
Any person, corporation, occupant or entity that violates or fails
to comply with any provision herein 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 herein occurs shall be considered a separate offense.
B.Â
Fines levied and collected pursuant to the provisions herein 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.
In the event that it is determined, by a court of competent
jurisdiction, that any provision or section herein is unconstitutional,
all other sections and provisions shall remain in effect. This article
shall take effect immediately, unless otherwise provided by resolution
of the governing body.
