[HISTORY: Derived from Chapter XX of the 1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 114.
Public health nuisances — See Ch. 136.
[Amended 7-18-2000 by Ord. No. 2000-14; 6-23-2009 by Ord. No. 2009-09]
As used in this article, the following terms shall have the meanings indicated:
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Sussex County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
A. 
As defined by the Sussex County Solid Waste Management Plan - Residential Generators:
Class
Material
Definition
01
Aluminum cans
Food and beverage containers made entirely of aluminum.
03
Computer printout/white ledger
All computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and note pad).
06
Corrugated
Containers, brown grocery bags and similar paper items, usually used to transport supplies, equipment, parts or other merchandise.
07
Glass containers
AU glass containers used for packaging food or beverages.
10
Leaves and brush leaves
Brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources.
11
Magazine and junk mail magazine stock
White and colored paper and envelopes, telephone directories and books.
13
Mixed office paper
Items listed in computer printout/white ledger category when mixed with envelopes, manila binders and color paper. Material is generated by commercial/institutional sources.
14
Newspaper
All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute Grade Nos. 6, 7 and 8-news).
15
Plastic containers
PETEers such as polyethylene terephthalate (PETE - No. 1) soda bottles, high-density polyethylene (HDPE - No. 2) milk bottles and water or detergent bottles.
17
Steel cans
Rigid containers made exclusively or primarily of steel, tin-plated steel and composite steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products.
18
Stumps, logs and tree parts
Unfinished wood from land-clearing projects, storm damage or pruning activities.
19
Textiles
Textiles larger than 15 inches by 15 inches (e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belts, shoes, handbags and small stuffed animals).
20
Tires
Rubber-based scrip automotive and truck tires.
22
Used motor oil
A petroleum base or synthetic oil whose use includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable in its original purpose due to the presence of impurities or loss of original properties.
B. 
As defined by the Sussex County Solid Waste Management Plan - Nonresidential Generators, Commercial and Institutional Sectors:
Class
Material
Definition
01
Aluminum cans
Food and beverage containers made entirely of aluminum.
02
Antifreeze
An automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
03
Computer printout/white ledger
All computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and note pad).
04
Concrete, asphalt and masonry/paving material
Asphalt, concrete, brick, cinder block, patio blocks and other masonry and paving materials.
05
Consumer batteries
Any type of button, coin, cylindrical, rectangular or other shaped, enclosed device or sealed container which is utilized as an energy source for commercial, industrial, medical, institutional or household use (does not include lead-acid batteries from vehicles).
06
Corrugated
Containers, brown grocery bags and similar paper items, usually used to transport supplies, equipment, parts or other merchandise.
07
Glass containers
AU glass containers used for packaging food or beverages.
08
Heavy iron
All structural steel or ferrous metal, cast iron components.
09
Lead-acid batteries
Batteries from automobiles, trucks, other vehicles and machinery and equipment, which shall be stored in a manner that protects them from the elements to avoid corrosion and leakage.
10
Leaves and brush leaves
Brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources.
11
Magazine and junk mail magazine stock
White and colored paper and envelopes, telephone directories and books.
12
Mercury-containing devices
Includes fluorescent and compact tubes, high-intensity discharge (HID) and neon lamps, electrical switches, thermostats, thermometers and any batteries containing mercury.
13
Mixed office paper
Items listed in computer printout/white ledger category when mixed with envelopes, manila binders and color paper. Material is generated by commercial/institutional sources.
14
Newspaper
All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute Grade Nos. 6, 7 and 8-news).
15
Plastic containers
PETEers such as polyethylene terephthalate (PETE - No. 1) soda bottles, high-density polyethylene (HDPE - No. 2) milk bottles and water or detergent bottles.
16
Scrap autos
Crushed or shredded automobile or truck bodies, excluding auto shredder residue or "fluff."
17
Steel cans
Rigid containers made exclusively or primarily of steel, tin-plated steel and composite steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products.
18
Stumps, logs and tree parts
Unfinished wood from land-clearing projects, storm damage or pruning activities.
19
Textiles
Textiles larger than 15 inches by 15 inches (e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belt, shoes, handbags and small stuffed animals).
20
Tires
Rubber-based scrip automotive and truck tires.
21
Used consumer electronics
Any appliance used in a business that includes circuitry. Includes components and subassemblies of the electrode products. Examples include computers and peripherals, printers, copiers, VCRs, televisions, cell phones and fax machines, etc.
22
Used motor oil
A petroleum base or synthetic oil whose use includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable in its original purpose due to the presence of impurities or loss of original properties.
23
White goods and light iron
All large 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.
24
Wood scrap
Unfinished lumber from construction or demolition projects, including pallets. Unfinished shall mean non-chemically treated (not pressure treated, impregnated with preservatives, insecticides, fungicides, creosote or other chemicals and not painted, resin-coated or otherwise surface treated, and not laminated or bonded; and not similarly altered from its natural condition).
25
Nonferrous and aluminum scrap
All noncontainer aluminum, stainless steel, copper, zinc, brass and other metals which generally do not rust.
MULTIFAMILY DWELLING
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.).
MUNICIPAL RECYCLING COORDINATOR
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.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the municipality of Hardyston Township.
RECYCLABLE MATERIAL
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.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE SEPARATION
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.
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 Township of Hardyston, 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. Designated recyclable materials generated by the owners, tenants or occupants of residential premises shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by the regulations promulgated by the Township of Hardyston. Designated recyclable materials generated by the owners, tenants or occupants of nonresidential premises shall be separated from all other solid waste and placed in separate waste receptacles in a manner and on such days and times as provided by the regulations promulgated by the Township or by the contract between the generator and the contracted hauling agent.
The collection of recyclable material shall be in the manner prescribed as follows: All containers (bagged recyclables not excepted) containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above any time after 5:00 p.m. on the day immediately preceding the day of collection, but no later than 6:00 a.m. on the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. on the day of collection.
From the time of curbside placement during scheduled recycling pickup and/or bulky waste events, if permitted, all designated materials shall be and will become the property of the Township of Hardyston. It shall be a violation of this chapter for any person unauthorized by the Township of Hardyston to collect or pick up, or cause to be collected or picked up, any such recyclables or materials. Each such collection in violation hereof from one or more properties shall constitute a separate and distinct offense punishable as hereinafter provided.
The owner of any 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 State of New Jersey and the Sussex County Solid Waste Plan. 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. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
B. 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner, or his or her designee, unless the municipality 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. 
Every business, institution or industrial facility shall report on an annual basis to the 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. 
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.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:
A. 
Any application to the Planning Board of the municipality of Hardyston 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 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, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator and/or Municipal Engineer.
B. 
Prior to the issuance of a certificate of occupancy by the 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 article and the local sanitary code.
C. 
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the municipality, shall tamper with, collect, remove or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Recycling Coordinator or designee assigned by the Township of Hardyston 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.
A. 
Any person, corporation, occupant or entity that violates or fails to comply with any provision of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of not less than $100, nor more than $1,000, based on the penalty schedule listed below.
(1) 
First violation: minimum penalty of $100.
(2) 
Second violation: minimum penalty of $500.
(3) 
Third and/or subsequent violations: minimum penalty of $750.
B. 
Each day for which a violation of this article occurs shall be considered a separate offence.
C. 
Any person who is convicted of violating any provision of this article within one year of the date of a previous violation of the same article, and who was fined for the previous violation, may be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine, but shall be calculated separately from the fine imposed for the violation of this article.
The Township Manager is authorized and directed to provide one annual cleanup of bulk items of trash from residents of the Township of Hardyston.
Any resident of the Township of Hardyston having bulk items which they desire to have picked up may, for a fee as set from time to time by resolution of the Township Council, purchase a bulk pickup card.[1] The Township Clerk shall keep a record or list of all persons purchasing such cards, which list shall contain the names and addresses of the purchasers and the Tax Map block and lot numbers of the property. Said list shall be made available to the Township Road Department or such other person, firm or corporation authorized by the Township Council to make pickups of bulk waste items for the Township. The maximum limit of bulk waste which may be disposed of by any person holding such a pickup card shall be 750 pounds and shall not include any hazardous waste substance.
[1]
Editor's Note: See Ch. 88, Fees.
Said annual bulk waste cleanup shall be subject to such specific rules and regulations as may from time to time be adopted by resolution of the Township Council, and copies of said rules and regulations shall be given to each person purchasing a pickup card. A copy of said regulations shall also be posted on the bulletin board in the Municipal Building and, in addition, as required by N.J.S.A. 40:69A-183, a copy shall be filed in the office of the Municipal Clerk and shall be published once in the official newspaper.
Any person violating any term or provision of this article or of any rule or regulation duly adopted pursuant hereto shall, upon conviction thereof, be subject to the fines and penalties as provided in Chapter 1, General Provisions.