[HISTORY: Adopted by the Township Committee
of the Township of Kingwood 6-1-2010 by Ord. No. 16-10-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 97, Recycling, adopted 5-18-1992 by Ord. No. 8-8-92, as
amended.
A.
Township program. The collection of recyclable materials shall be
in accordance with the schedule established between the individual
resident and his or her solid waste hauler-collector. In addition,
the municipality may provide for a municipal recycling depot for residential
materials; rules and regulations and hours of operations are to be
set by the municipality.
[Amended 4-1-2021 by Ord. No. 21-08-2021]
B.
COUNTY
DESIGNATED RECYCLABLE MATERIALS
MUNICIPAL RECYCLING COORDINATOR
MUNICIPAL SOLID WASTE (MSW) STREAM
NONRESIDENTIAL ESTABLISHMENT
RECYCLABLE MATERIAL
RESIDENTIAL DWELLING
RESIDENTIAL DWELLING COMPLEX
SOURCE-SEPARATED RECYCLABLE MATERIALS
SOURCE SEPARATION
Definitions. As used in this chapter, 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. These materials are included in Appendix A.[1]
The person or persons appointed by the municipal governing
body who shall be authorized to enforce the provisions of this chapter,
and any rules and regulations which may be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within Kingwood Township.
All entities, including but not limited to all commercial,
industrial or institutional establishments, which operate or conduct
any business whatsoever which cannot be included within in the definitions
of a residential premises or complex.
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
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).
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.).
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: Said Appendix A is included as an attachment to this chapter.
A.
In order to carry out the requirements of the New Jersey Mandatory
Source-Separation and Recycling Act ("Act") 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 Township
regulations.
B.
The Municipal Recycling Coordinator will be annually appointed by
the Township Committee and will serve a term of one year. The Mayor
shall annually affirm in writing the name of the person holding the
position of Municipal Recycling Coordinator, and the Township Committee
will set the amount of salary for the position.
C.
The Recycling Coordinator will report to the governing body or its
designee 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 chapter may be effectuated.
D.
The Municipal Recycling Coordinator will attend all Municipal Recycling
Coordinator meetings as designated by the governing body. This includes
meetings that are conducted by the state, the county or other appropriate
organizations.
A.
It shall be mandatory for all persons who are owners, tenants, or
occupants of residential and nonresidential premises, which nonresidential
premises shall include, but not be limited to, retail and other commercial
locations, as well as government, schools and other institutional
locations within Kingwood Township, 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 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 Kingwood Township, or alternatively,
as established by privately operated solid waste management companies
with whom the resident or business has contracted.
B.
Each category of recyclable material must be prepared for collection
as specified in Appendix A;[1] or delivered to the Township residential recycling depot
(if applicable); or prepared for collection by the resident's solid
waste hauler-collector in accordance with the hauler's instructions.
[Amended 4-1-2021 by Ord. No. 21-08-2021]
[1]
Editor's Note: Said Appendix A is included as an attachment to this chapter.
C.
Every owner and/or occupant of residential or nonresidential premises
must contract for the removal and disposition of recyclable materials
as set forth in this chapter from a private contractor, unless the
municipality, in its discretion, determines to provide for the collection
of designated recyclable materials. Residential recycling contracts
must comply with the provisions of this section and must further provide
for not less than monthly pick-up.
D.
In the event that a municipal, county or state facility accepts mandatory
recyclable material as set forth in this chapter, 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 chapter. For multifamily units,
the 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 appropriate municipal
office. Violations and penalty notices will be directed to the occupant.
In instances where the violator is not easily identifiable, violations
and penalty notices will be directed to the owner. The owner shall
issue notification and collection rules to occupants when they arrive
and at least twice annually during their occupancy.
B.
Failure of occupant(s) and/or owner(s) of any residential property
to abide by the rules and regulations of this section may result in
fines of not less than $50 nor more than $250 for each month of noncompliance.
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 occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this chapter. Unless the municipality
provides for the collection of designated recyclable materials, the
owner of each residential complex is responsible for providing a recycling
depot for the entire complex. The depot shall be equipped with owner-
or contractor-supplied receptacles for each category of designated
recyclable material.
B.
Failure of an occupant within a residential complex to comply with
the requirements of this chapter may result in fines of not less than
$50 nor more than $250 for each month of noncompliance.
C.
The owner shall issue notification and collection rules to new tenants
when they arrive and at least twice annually during their occupancy.
D.
Unless the municipality provides for the collection of designated
recyclable materials, the owner of each residential complex shall
report to the Municipal Recycling Coordinator, by February 15th of
each year, the 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.
Failure of an owner to abide by the rules and regulations of this
section may result in fines of up to $250 for each month of noncompliance.
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
chapter.
A.
All nonresidential establishments generating solid waste shall be
required to comply with the provisions of this chapter.
B.
All nonresidential establishments will provide outdoor litter and
recycling receptacles for the collection of designated recyclable
materials. All nonresidential establishments that 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.
Unless the property owner or municipality 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 providing
documentation of their recycling activity. Such documentation shall
include reporting to the Municipal Recycling Coordinator, by February
15th 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.
D.
If the property owner provides recycling collection services for
the occupants of the property, the owner or their designee (including
solid waste and recycling transporters) shall cooperate in providing
documentation of their recycling activity. Such communication shall
include reporting to the Municipal Recycling Coordinator by February
15th 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.
E.
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 required,
for inspection by any code enforcement officer.
F.
Failure of a commercial, industrial or institutional occupant or
owner to abide by the rules and regulations of this section may result
in fines of not less than $50 nor more than $1,000 for each month
of noncompliance. 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.
Any application to the Planning Board of the municipality of Kingwood
Township 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 utilizing 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 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 Kingwood Township,
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 chapter 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.
Failure of a solid waste collector to abide by the rules and regulations
of this section may result in a fine of 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
that 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 shall 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 companies
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 have
otherwise been 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 by which the municipality may request receipts or other
documentation must be detailed in a process approved by the governing
body of the Municipal Recycling Coordinator.
A.
The provisions of this chapter and the rules and regulations promulgated
hereunder shall be enforced by the Municipal Recycling Coordinator
or other person(s) so designated by the governing body, and/or the
appropriate official retained by the County of Hunterdon. All of the
aforesaid officials are hereby individually and severally empowered
to enforce the provisions of this chapter.
B.
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. Each day for which a violation of this chapter
occurs shall be considered a separate offense.
C.
Fines levied and collected pursuant to the provisions of this chapter
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Monies in the Municipal Recycling Trust Fund
shall be used solely 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 of this chapter is unconstitutional,
all other sections and provisions shall remain in effect. This chapter
shall take effect immediately, unless otherwise provided by Resolution
of the governing body.
This chapter shall take effect immediately upon final passage
and publication according to law.
