[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Editor's Note: This ordinance also repealed former Art.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:
The implementing agency for the Hunterdon County Solid Waste
Management Plan, the Hunterdon County Utilities Authority.
Those materials designated within the Hunterdon County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. Theses materials include:
Designated recyclable materials for the generators of residential,
commercial, industrial and institutional waste:
Corrugated: containers and similar paper items usually used
to transport supplies, equipment parts or other merchandise.
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.
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).
Other paper/magazines/junk mail: all paper which is not defined
as corrugated, mixed office paper, computer paper or newspaper.
Glass containers: all glass containers used for packaging food
or beverages.
Aluminum cans: food and beverage containers made entirely of
aluminum.
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.
Plastic containers: containers including polyethylene terephthalate
(PETE No. 1) soda bottles; and high-density polyethylene (HDPE No.
2), e.g., milk, water or detergent.
Additional designated recyclable materials for the generators
of commercial, industrial and institutional waste:
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.
Antifreeze: all automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
Batteries, lead-acid: batteries from automobiles, trucks, other
vehicles and machinery and equipment. These do not include consumer
batteries.
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.
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.
Designated recyclable materials from generators of residential
waste that are collected by Hunterdon County:
Antifreeze: all automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
Batteries, lead-acid: batteries from automobiles, trucks, other
vehicles and machinery and equipment. These do not include consumer
batteries.
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.
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.
Mercury-containing devices: fluorescent and compact florescent
tubes (CFTs), high intensity discharge (HID) and neon lamps, electrical
switches, thermostats and any batteries containing mercury.
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).
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 Borough
of Hampton.
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.
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.).
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.)
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.
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.
