The Township of Upper Deerfield finds that the reduction of
the amount of solid waste and conservation of recyclable materials
is an important public concern and is necessary to implement the requirements
of the New Jersey Statewide Mandatory Source Separation and Recycling
Act ("Act"), P.L. 1987, c. 102,[1] and the Cumberland County District Solid Waste Management
and Recycling Plan ("County Plan"). The separation and collection
of certain materials for recycling from the residential, commercial
and institutional establishments in this municipality will minimize
the adverse environmental effects of landfilling by reducing the need
for landfills and conserving existing landfill capacity, facilitate
the implementation and operation of other forms of resource recovery
called for by the County Plan, conserve natural resources and reduce
the cost of solid waste disposal in general. The promotion and use
of recyclable materials, goods produced from recyclable materials
and goods which facilitate recycling will further serve the same purposes
by encouraging and facilitating recycling.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.32 et seq.
This chapter is adopted pursuant to Sections 6, 9 and 14 of
P.L. 1987, c. 102 (adopted April 20, 1987),[1] N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.16, 13:1E-99.17 and 13:1E-99.22,
respectively.
A.
ACT
ALUMINUM CAN
APARTMENT COMPLEX
CANS
CARDBOARD
CCIA
CO-MINGLED GMFBC AND PET-PLASTIC BOTTLES
CONDOMINIUM COMPLEX
COUNTY
COUNTY PLAN
DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
FOOD WASTE
GLASS
GLASS AND METAL FOOD AND BEVERAGE CONTAINERS (GMFBC)
HDPE-PLASTIC CONTAINERS
MOBILE HOME PARK
MUNICIPALITY
NEWSPAPER
PAPER
PERSON
PET-PLASTIC BOTTLES
RECYCLABLE MATERIAL
RECYCLING
RECYCLING DROPOFF
RESIDENT
SOLID WASTE
SOURCE-SEPARATE
SWMA
WHITE GOODS
As used in this chapter, the following definitions shall apply:
The New Jersey Statewide Mandatory Source Separation and
Recycling Act, as amended.[1]
Food and beverage containers which are comprised entirely
of aluminum and which contain and formerly contained only nonaerosol,
edible substances.
Ten apartments or more located on a single property or contiguous
properties under common ownership or management. For this purpose,
"apartment" shall mean an enclosed space that consists of one or more
rooms occupying all or part of a floor or floors in a building of
one or more floors or stories but not the entire building and that
is designed for use as a residence.
Food and beverage containers comprised of aluminum, tin,
steel or a combination thereof, which contain or formerly contained
only nonaerosol, edible substances or such other substances as have
been approved for recycling by the CCIA.
All corrugated or other cardboard normally used for packing,
mailing, shipping or containerizing goods, merchandise or other material,
but excluding plastic, foam or wax-coated or soiled cardboard.
The Cumberland County Improvement Authority, its successors
and assigns.
Source-separated, nonputrescible recyclable materials that
have been mixed at the source of generation (i.e., placed in the same
container).
Ten condominium units or more located on a single property
or contiguous properties under common ownership or management. For
this purpose, "condominium," as in N.J.S.A. 46:8B-1 et seq., shall
mean a deed providing for ownership by one or more owners of units
of improvements, together with an undivided interest in common elements
appurtenant to each such unit.
The County of Cumberland, State of New Jersey.
The District Solid Waste Management Plan for Cumberland County
as approved by the New Jersey Department of Environmental Protection.
The transportation, placement or arrangement of designated
recyclable materials for all possible end uses except disposal as
solid waste.
Any waste generated by food service and/or food sales establishments
that would normally be landfilled and can be used as animal feed or
composted in some matter.
All clear (flint), green and brown (amber) colored glass
food and beverage containers. "Glass" shall not include crystal, ceramics,
light bulbs and plate, window, laminated, wired or mirrored glass.
The type commonly found in the home, such as glass beverage
containers, as well as those type of containers various foods are
packed in, such as mayonnaise jars, pickle jars, ketchup bottles,
etc. Also, such containers include beverage cans, food cans and soup
cans, etc. Not included are aerosol cans or cans that have been used
to contain a contaminant, such as but not limited to cans used to
hold paint, tar, motor oil, thinners or other such materials not expressly
approved for recycling by the CCIA.
High-density polyethylene containers of varying sizes generally
used as milk and water jugs.
Ten mobile homes or more located on a single property or
contiguous properties under common ownership or management. For this
purpose, "mobile home" shall mean a home, excluding travel trailers,
which is a movable or portable unit, designed and constructed to be
towed on its own chassis and designed to be connected to utilities
for year-round occupancy.
The Township of Upper Deerfield located within the County
of Cumberland, State of New Jersey.
Paper of the type commonly referred to as "newsprint" or
"old newspaper (ONP)" and distributed at stated intervals, usually
daily or weekly. Magazines are not considered newspaper.
All newspaper, high-grade office paper, fine paper, bond
paper, office paper, xerographic paper, mimeo paper, duplication paper,
school paper, computer paper and similar cellulosic material, but
excluding wax paper, plastic- or foil-coated paper, envelopes with
glassine windows, carbon paper, blueprint paper, food-contaminated
paper, soiled paper and cardboard.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency or any other entity or any group of such persons which is recognized
by law as the subject of rights and duties. In any provisions of this
chapter prescribing a fine, penalty or imprisonment, the term "person"
shall include the officers and directors of a corporation or other
legal entity having officers and directors.
All clear soft drink beverage containers manufactured of
PET plastic.
A material which would otherwise become solid waste, which
can be collected, separated or processed and returned to the economic
mainstream in the form of raw materials or products.
Any process by which materials which would otherwise become
solid waste are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
Any facility designed and operated solely for the receiving
and storing of source-separated, nonputrescible metal, glass, paper,
plastic containers and cardboard.
Any human being residing within the municipality on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
Garbage, refuse and other discarded materials resulting from
industrial, commercial and agricultural operations and from domestic
and community activities and shall include all other waste materials,
including liquids, except for solid animal and vegetable wastes collected
by swine producers licensed by the State Department of Agriculture
to collect, prepare and feed such wastes to swine on their own farms.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
The New Jersey Solid Waste Management Act, as amended.[2]
All large appliances, including but not limited to refrigerators,
clothes washers and dryers, ranges, dishwashers and water heaters.
B.
All other terms and phrases shall be as defined in the SWMA, regulations
promulgated thereunder and the County Plan, unless the context clearly
requires a different meaning.
Any person, as defined by this chapter, who engages in the collection
of trash from residences or households in the municipality must provide
for recyclables' collection, as provided for by this chapter.
A.
There is hereby established a program ("public dropoff program")
for the source separation and delivery to the Upper Deerfield Township
Convenience Center of newspaper, GMFBC and PET-plastic bottles and
HDPE-plastic containers from all residents located in areas of this
municipality, with exception of apartment and condominium complexes.
B.
All residents of the municipality shall source-separate all designated
recyclables and shall deposit all such recyclables at the aforementioned
Convenience Center during the normal and posted hours of operation.
A.
There is hereby established a program ("private dropoff program")
for the source separation and delivery to a recycling dropoff of newspaper,
GMFBC and PET-plastic bottles and HDPE-plastic containers from all
residents of apartment and condominium complexes within this municipality.
B.
The owner of and manager of every apartment and condominium within
this municipality shall provide and maintain, in a neat and sanitary
condition, recycling dropoff(s) to receive all designated recyclables
generated by residents of the complex. In cases where a condominium
association exists, the condominium association shall be responsible
for the provision and maintenance of the recycling dropoff(s). Said
recycling dropoffs shall be constructed and capable of receiving designated
recyclables within six months of the effective date of this chapter.
C.
The owner of and manager of every apartment and condominium complex
shall arrange for the collection and disposition of all designated
recyclables from said dropoffs.
D.
The number and design of the recycling dropoffs required by this
section for each apartment and condominium shall be consistent with
guidelines developed by the CCIA pursuant to the County Plan.
F.
The arrangement for collection of designated recyclables for disposition
hereunder shall be the responsibility of the owner of and manager
of the residences hereunder or the person contractually obligated
to the owner, manager or person who generated the recyclables to arrange
for collection and disposal of its solid waste. Said arrangements
may include, without limitation, direct marketing of recyclables,
delivery to the Township Convenience Center, contracts with solid
waste collectors/haulers for separate collection of any or all designated
recyclables or contracts with other persons for separate collection
of any or all designated recyclables.
Designated recyclables to be placed at the Township Convenience Center pursuant to § 341-5 or 341-6 of this chapter shall be consistent with the following:
A.
All newspaper shall be placed in paper bags or tied in bundles not
exceeding 35 pounds in weight nor exceeding one foot in thickness.
B.
Co-mingled GMFBC and PET-plastic bottles, HDPE-plastic containers
and cans shall be rinsed free of contaminants and shall have caps
and lids removed.
C.
Co-mingled GMFBC and PET-plastic bottles, HDPE-plastic containers
and cans shall be placed in receptacle(s) designated for these containers
at the recycling dropoff.
D.
Newspaper shall be neatly stacked in the container designated in
the recycling dropoff for such materials.
A.
All persons within this municipality who are not residents shall
source-separate to the maximum feasible extent at maximum practical
levels and arrange for the collection and recycling of any of the
designated recyclables in conformance with the County Plan.
B.
Designated recyclables for the mandatory commercial and institutional
source-separation program shall consist of the following materials:
(1)
High-grade paper, including and limited to white letterhead paper,
white bond paper, white typing paper, white copier paper, white notepad
paper, white writing paper, white envelopes without glassine windows,
other nonglossy white office paper without plastic, computer printout
paper, manila folders, computer tab cards and white onionskin paper.
(2)
Corrugated cardboard.
(3)
Glass bottles and aluminum cans generated by food and beverage service
establishments.
(4)
Food waste generated by food service establishments and food sales
establishments.
(6)
Any other metal or material unique to an establishment for which
a market is available.
C.
The arrangement for collection of designated recyclables for disposition
hereunder shall be the responsibility of the person who generated
the recyclables ("generator") or the person contractually obligated
to the generator to arrange for collection and disposal of its solid
waste. Said arrangements may include, without limitation, direct marketing
of recyclables, delivery to a dropoff, contracts with solid waste
collectors/haulers for separate collection of any or all designated
recyclables, or contracts with other persons for separate collection
of any or all designated recyclables.
A.
No person shall dispose of leaves, arrange for the disposal of leaves
or cause leaves to be disposed at any solid waste facility other than
a composting facility.
B.
All persons who gather leaves and who are served by a municipal program
for separate collection of leaves shall source-separate all leaves
and place them for collection at the times and in the manner heretofore
or hereafter prescribed by this municipality.
C.
All persons who gather leaves and who are not served by a municipal
or county program for separate collection of leaves shall arrange
for the separate disposal or processing of leaves at a composting
facility or an agricultural, horticulture, silviculture or other commercial
operation which processes or utilizes leaves for compost, mulch or
other beneficial uses.
D.
Nothing herein shall require any person to gather leaves or prevent
any person from utilizing leaves for compost, mulch or other agricultural,
horticultural, silvicultural, gardening or landscaping purposes.
A.
It shall be unlawful for:
(1)
Any person, other than those persons authorized, to collect any designated
recyclable which has been placed at the roadside for collection or
within a recycling dropoff pursuant to this chapter.
(2)
Any person to violate or to cause or to assist in the violation of
any provision of this chapter or any provision of the County Plan
concerning recycling.
(3)
Any person to place or to cause to be placed any material other than
a designated recyclable in or near a recycling dropoff.
(4)
Any person to hinder, to obstruct, to prevent or to interfere with
this municipality, the county or any other authorized persons in the
performance of any duty under this chapter or in the enforcement of
this chapter.
This municipality or any other person collecting solid waste
generated within this municipality may refuse to collect solid waste
from any person who has clearly failed to source-separate recyclables
designated under an applicable section of this chapter.
Notwithstanding anything herein to the contrary, any resident
of the municipality may donate or sell any recyclable to any other
person, whether operating for a profit or not for profit; provided,
however, that the person receiving the recyclables shall not, under
any circumstances, collect the donated or solid material from an established
recycling collection route or from a recycling dropoff without prior
written permission from this municipality for such collection. Permission
for such collection shall not be given for any day other than a Saturday
or Sunday and, in no case, shall such permission be given to collect
recyclables from a recycling dropoff.
A.
Nothing contained in this chapter shall be construed to interfere
with or in any way modify the provisions of any existing contract
which is consistent with N.J.S.A. 13:1E-29 and in force in the municipality
on the effective date of this chapter.
B.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this chapter unless such renewal
or such contract shall conform to the requirements of this chapter.