[Adopted 4-7-2008 by Ord. No. 5-2008]
As set forth in N.J.S.A. 13:1E-99.13.b.(4)(c), the Township
of Mendham accepts the goal of 50% recycling of municipal solid waste
by 2015 and shall monitor its level of recycling and solid waste disposal
and shall strive to achieve the recycling of 50% of the municipal
solid waste generated within its borders.
As used in this article, the following terms shall have the
meanings indicated:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Morris County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include:
ALUMINUM CANSCans made from aluminum that was manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
GLASS BOTTLES AND JARSBottles and jars made from glass including clear, brown and green glass. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A jar is defined as a wide-mouthed container that can be capped. Caps and lids not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex® or ceramic.
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Plastic bottles coded to indicate that they are comprised of
the specific types of plastic compounds (polymers) known as polyethylene
terephthalate (PETE) or high-density polyethylene (HDPE). See symbols
to the left. A "bottle" is defined as a receptacle having a narrow
neck and a mouth that can be corked or capped. Caps and lids not included.
Any item made of plastic that is not a bottle, and any plastic bottle
without one of the symbols shown to the left is specifically omitted
from this definition. Empty bottles which contained hazardous materials,
such as motor oil, antifreeze, etc., should not be recycled.
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STEEL (TIN) CANSAirtight containers for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
NEWSPAPERA publication containing news, information and advertising, usually printed on low-cost paper called newsprint. Newspaper may include glossy inserts which come with the paper, dependent upon the market conditions at the time.
CORRUGATED CARDBOARDShipping containers made with kraft paper linerboard and corrugated medium.
MIXED PAPERVarious categories of recyclable paper, including but not limited to white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, and softcover books.
LEAVESVegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
GRASS CLIPPINGSVegetative material generated when grass (lawns) are cut.
BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
OIL-CONTAMINATED SOILNonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, No. 4 and No. 6 heating oils and certain other refinery products including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.
USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
LEAD-ACID BATTERIESStorage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep-cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.
HAZARDOUS DRY CELL BATTERIESChargeable batteries, such as nickel-cadmium, nickel-iron, nickel metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous as defined by the Resource Conservation Recovery Act (RCRA), regardless of the RCRA exclusion of household waste from the definition of hazardous waste pursuant to 40 CFR 261.4(b). Nonrechargeable, hazardous batteries include older alkaline and carbon zinc batteries as well as silver oxide, mercury and magnesium button-type batteries, etc. It should be noted that domestically manufactured alkaline and carbon zinc nonrechargeable batteries made after circa 1994 eliminated mercury content to the point that they should not be considered RCRA hazardous and therefore are not included in this material category.
METAL APPLIANCESAppliances composed predominantly of metal, and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant must be recovered accordingly.
WHOLE TIRESTires that are whole, not chipped into small pieces. (Note: Tires are allowed to be recycled and/or incinerated for energy recovery.)
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.).
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Township
of Mendham which is not bulky waste or construction and demolition
debris.
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.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
The person or persons appointed by the municipal governing
body to fulfill the requirements of the Morris County Solid Waste
Management Plan and the New Jersey Statewide Mandatory Source Separation
and Recycling Act and those rules and regulations promulgated therefor.
Any location which may be designated by the Township at which
recyclable materials may be dropped off during specified hours on
specified days.
A.
The Township shall designate one of the full-time officials of the
Township to serve as the Township Recycling Coordinator. The Township
Recycling Coordinator shall be responsible for the administration
of the Township recycling program in accordance with the provisions
of this article.
B.
The Township Recycling Coordinator shall supervise the operation
of any Township recycling depot which may be operated at any time.
C.
The Township Recycling Coordinator may promulgate rules and regulations,
not inconsistent with the provisions of this article, which the Coordinator
may deem necessary or appropriate for the proper functioning of the
Township Recycling Program. Notice of any such rules and regulations
shall be mailed to all residents and managers at least 10 days before
they become effective.
A.
Mandatory source separation. 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 Mendham, 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 shall be placed separately at the curb in the following
manner:
(1)
Aluminum cans, steel (tin) cans, glass bottles and jars, plastic
bottles (coded 1 and 2), all emptied and rinsed and with any caps,
covers or rings removed, shall be commingled in an all-weather open-top
plastic or metal container.
(2)
Newspapers shall be tied in bundles with string or cord in two directions
with each bundle no higher than 10 inches, or in the alternative,
newspapers may be placed in paper store bags. Newspapers shall not
be placed in enclosed containers. Newspapers shall be placed for collection
separate and apart from magazines or mixed paper so that neither tied
bundles of newspapers nor bags with newspapers will include any other
recyclable materials.
(3)
Magazines shall be tied in bundles with string or cord in two directions;
provided, however, that a combination of mixed paper, as defined in
this article, and magazines may be tied together in bundles with string
or cord in two directions, or magazines alone or combined with mixed
paper may be placed in bags designated as suitable for such use by
the Township Recycling Contractor. Neither magazines alone, nor magazines
combined with mixed paper, may be placed in other kinds of bags or
in enclosed containers. If the permitted bags have handles, the handles
may not be tied in any way.
(4)
Mixed paper shall be tied in bundles with string or cord in two directions;
provided, however, that a combination of mixed paper and magazines
may be tied together in bundles with string or cord in two directions,
or mixed paper alone or combined with magazines may be placed in bags
designated as suitable for such use by the Township Recycling Contractor.
Neither mixed paper alone, nor mixed paper combined with magazines,
may be placed in other kinds of bags or in enclosed containers. If
the permitted bags have handles, the handles may not be tied in any
way.
(5)
Corrugated cardboard shall be flattened and bundled with string,
cord or masking tape. Bundles of corrugated cardboard shall not measure
more than four feet in any directions. Brown paper store bags may
be included in any bundle of corrugated cardboard if permitted by
the Township Recycling Contractor.
(6)
All receptacles or dumpsters shall be maintained in a clean and safe
manner.
B.
If designated recyclable materials generated by any commercial business or institutional establishment are placed at curbside for collection by the Township Recycling Contractor or are dropped off at any Township Recycling Depot, the materials shall be prepared for recycling in the same manner as specified in Subsection A(1) through (6) above.
C.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16.6.(d), the Township
Committee may exempt persons occupying commercial or institutional
premises within the Township boundaries from the source-separation
requirements of this article which require persons generating municipal
solid waste within its municipal boundaries to source-separate the
specified recyclable materials from the municipal solid waste stream,
if those persons have otherwise provided for the recycling of all
designated recyclable materials.
D.
To be eligible for an exemption pursuant to this chapter, a commercial
or institutional generator of solid waste shall file an application
for exemption with the Township Recycling Coordinator on forms to
be provided for this purpose. The form shall include, at a minimum,
the following information: the name of the commercial or institutional
entity; the street address location and lot and block designation;
the name, official title and phone number of the person making application
on behalf of the commercial or institutional entity; the name, address,
official contact person and telephone number of the facility which
provides the service of recycling those designated recyclable materials,
and a certification that the designated recyclable materials will
be recycled, and that, at least on an annual basis, said recycling
service provider or commercial/institutional generator shall provide
written documentation to the Township Recycling Coordinator of the
total number of tons collected and recycled for each designated material.
[Amended 7-12-2010 by Ord. No. 9-2010]
A.
The Township Recycling Coordinator shall establish schedules with
respect to the curbside collection of recyclable materials from residents,
commercial businesses and institutional establishments.
B.
Recyclable materials shall be placed at curbside in the manner provided in § 289-12A(1) through (6) above prior to 6:00 a.m. on any day scheduled for collection from a particular property.
C.
The Township may provide for a Township Recycling Depot, open during
certain hours on certain days, at which designated recyclable materials
may be dropped off. No person shall drop off recyclable materials
at the site of the depot at any time other than during the hours that
the depot is open and in operation.
A.
The Township Recycling Coordinator shall assure that written notice
is given to all residents and managers with respect to the following:
(1)
The provisions of this article as to materials which are required
to be recycled and as to other materials which may be recycled;
(2)
Schedules for the curbside collection of designated recyclable materials
indicating when collections will be made along each street and road
in the Township;
(3)
The proper preparation of materials to be recycled;
(4)
The proper placement of designated recyclable materials at curbside;
(5)
The opportunity for the dropoff of designated recyclable materials
at any Township Recycling Depot that may be provided and the days
and hours of operation of the depot;
(6)
Any changes or revisions with respect to any of the foregoing and any rules and regulations which may be promulgated by the Township Recycling Coordinator pursuant to § 289-11; and
(7)
The penalties for violations of the provisions of this article.
B.
All written notices shall be mailed to residents and managers at
least 10 days before they become effective.
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 appropriate municipal office. 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 nonresidential generators, including commercial and institutional
establishments, 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 or institutional property
owner or their designee, unless the Township provides for the collection
of designated recyclable materials. All commercial or institutional
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.
All nonresidential facilities shall report on a quarter-annual basis
to the Township 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.
(1)
Quarter-annual reports shall be submitted to the Township Recycling
Coordinator in accordance with the following schedule:
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Reporting Period
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Due Date
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January 1 through March 31
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April 8
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April 1 through June 30
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July 8
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July 1 through September 30
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October 8
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October 1 through December 31
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January 8
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(2)
The Township Recycling Coordinator shall compile all of the recycling
documentation and report to the Morris County District Recycling Coordinator
on a quarter-annual basis by April 15, July 15, October 15 and January
15 of each year.
Pursuant to N.J.S.A. 13:1E-99.13a and 99.16.6.c:
A.
Any application to the Mendham Township Planning Board 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 or institutional 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 Township Recycling Coordinator.
B.
Prior to the issuance of a certificate of occupancy by the Township
of Mendham, the owner of any new multifamily housing or commercial
or institutional 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 Township 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 Township 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.
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 Township, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
Residents may dispose of brush (chippable, up to five inches
in diameter) by placing it at curbside on those days scheduled for
pickup by the Township. The Township shall schedule two time periods
during the course of the year for the curbside removal of brush by
the Township. These will occur generally in the spring/summer season
and then during the fall season. No brush shall be placed at curbside
at any time other than during the two time periods scheduled by the
Township for pickup. No branches or brush exceeding six inches length
will be collected. No resident shall allow brush to remain at curbside
beyond July 1 for the spring/summer pickup period or beyond December
1 for the fall pickup period. Residents shall be responsible for the
disposal of all other yard wastes either by composting on their own
properties or by arranging for other proper disposition.
The Township Recycling Coordinator shall maintain records as
to the tonnages of the various recyclable materials which are collected
at curbside within the Township and dropped off at any Township Depot.
The Code Enforcement Official, the Department of Health, the
Township Recycling Coordinator, and the Morris County Office of Health
Management are 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 not less than $25 nor more than $1,000.
B.
Each day for which a violation of this article occurs shall be considered
a separate offense.
C.
There is hereby created a Township Recycling Trust Fund, into which
fines levied and collected pursuant to the provisions of this article
shall be immediately deposited. Monies in the Township Recycling Trust
Fund shall be used for the expenses of the Township recycling program.
