Township of Upper Deerfield, NJ Article I Disposition of Recyclable Materials

§ 341-1 Purpose.

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.

§ 341-2 Statutory authority.

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.

§ 341-3 Definitions.

A. As used in this chapter, the following definitions shall apply:

ACT

The New Jersey Statewide Mandatory Source Separation and Recycling Act, as amended.[1]

ALUMINUM CAN

Food and beverage containers which are comprised entirely of aluminum and which contain and formerly contained only nonaerosol, edible substances.

APARTMENT COMPLEX

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.

CANS

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.

CARDBOARD

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.

CCIA

The Cumberland County Improvement Authority, its successors and assigns.

CO-MINGLED GMFBC AND PET-PLASTIC BOTTLES

Source-separated, nonputrescible recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).

CONDOMINIUM COMPLEX

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.

COUNTY

The County of Cumberland, State of New Jersey.

COUNTY PLAN

The District Solid Waste Management Plan for Cumberland County as approved by the New Jersey Department of Environmental Protection.

DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS

The transportation, placement or arrangement of designated recyclable materials for all possible end uses except disposal as solid waste.

FOOD 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.

GLASS

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.

GLASS AND METAL FOOD AND BEVERAGE CONTAINERS (GMFBC)

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.

HDPE-PLASTIC CONTAINERS

High-density polyethylene containers of varying sizes generally used as milk and water jugs.

MOBILE HOME PARK

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.

MUNICIPALITY

The Township of Upper Deerfield located within the County of Cumberland, State of New Jersey.

NEWSPAPER

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.

PAPER

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.

PERSON

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.

PET-PLASTIC BOTTLES

All clear soft drink beverage containers manufactured of PET plastic.

RECYCLABLE MATERIAL

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.

RECYCLING

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.

RECYCLING DROPOFF

Any facility designed and operated solely for the receiving and storing of source-separated, nonputrescible metal, glass, paper, plastic containers and cardboard.

RESIDENT

Any human being residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.

SOLID WASTE

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.

SOURCE-SEPARATE

To separate recyclable materials from the solid waste stream at the point of waste generation.

SWMA

The New Jersey Solid Waste Management Act, as amended.[2]

WHITE GOODS

All large appliances, including but not limited to refrigerators, clothes washers and dryers, ranges, dishwashers and water heaters.

[1] Editor's Note: See N.J.S.A. 13:1E-99.32 et seq.

[2] Editor's Note: See N.J.S.A. 13:1E-1 et seq.

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.

§ 341-4 Curbside collection by private persons.

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.

§ 341-5 Establishment of public dropoff program.

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.

C. Designated recyclables for the public dropoff program established pursuant to this section shall consist of the following materials:

(1) Newspaper.

(2) Co-mingled GMFBC, PET-plastic bottles and HDPE-plastic containers.

§ 341-6 Establishment of dropoff program for apartment and condominium complexes.

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.

E. Designated recyclables for the private dropoff program required by this section shall consist of the following materials:

(1) Newspaper.

(2) Co-mingled GMFBC, PET-plastic bottles and HDPE-plastic containers.

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.

§ 341-7 Separation and placement requirements.

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.

§ 341-8 Mandatory commercial and industrial source-separation program.

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.

(5) Mixed paper not included in Subsection B(1) above.

(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.

§ 341-9 Mandatory source separation of leaves.

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.

§ 341-10 Unlawful activities; nuisances.

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.

B. All unlawful conduct set forth in Subsection A shall constitute a public nuisance.

§ 341-11 Noncollection of solid waste containing recyclables.

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.

§ 341-12 Other means of disposal.

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.

§ 341-13 Existing contracts.

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.