[HISTORY: Adopted by the Township Committee
of the Township of Middle 12-17-2007 by Ord. No. 1284-07[1]. Amendments noted where applicable.]
As used in this article, the following words
and terms shall have the meanings set forth below:
The person, firm or corporation having a contract with this
Township for the collection and removal of garbage and trash.
Any waste material resulting from the handling, preparation,
cooking and consumption of food or from the handling, storage and
sale of produce; any waste material in process of or subject to decomposition
or decay, incident to ordinary domestic or business uses or purposes,
including, among other things, kitchen refuse, animal or vegetable
matter, offal and decaying and decomposing substances.
The owner, agent, tenant, lessee, caretaker, or any other
person in charge of any premises in this Township.
All other refuse except rocks, concrete, bricks, plaster,
dirt or similar solid materials resulting from building or manufacturing
operations or industrial processes.
Garbage and trash shall be collected once each
week on such days and at such hours as are specified by the Township
Committee.
A.
All vehicles used for the collection and removal of
garbage and trash shall be provided with watertight containers, hydraulically
or mechanically operated, closely and entirely covered in such a manner
as to prevent leakage or dispersal of their contents. Said containers
shall be kept closed at all times except when actually being filled
or emptied. They shall be maintained in a sanitary manner and shall
be washed and disinfected between collections. Vehicles and containers
shall be maintained so as to prevent offensive odors or appearances
to the extent possible.
B.
Whenever weather conditions or other causes make it
impossible to make a scheduled collection or any portion of a scheduled
collection, the contractor shall immediately report such fact to the
Township Clerk.
C.
Neither the contractor nor any of his agents, collectors
or employees shall pick or sort garbage or trash. The contents of
containers of garbage or trash shall be immediately transferred at
the time of collection from the premises without any unnecessary delay
or exposure and without any spilling.
D.
Immediately upon emptying said containers, the contractor
shall, in a careful, quiet and clean manner, return them to the location
from which he picked them up.
E.
The contractor shall see to it that his employees,
agents and collectors shall deport themselves in a quiet, decent and
law-abiding manner and shall apply themselves diligently to the performance
of the necessary work and shall refrain from neglect or insolence
or any improper conduct, and the contractor shall discharge any employees
failing in these requirements.
F.
The contractor shall not sprinkle or place any disinfectant
or poisonous chemical upon any garbage or trash within the limits
of this Township.
A.
Each occupant of any residential premises or mobile
home lot in this Township shall provide suitable containers for collection
of garbage and trash. Said containers shall be made of either metal
or plastic; they shall be watertight and have close-fitting covers;
and they shall be of a capacity not less than five gallons nor more
than 50 gallons.
B.
The contents of a container shall not weigh more than
50 pounds.
C.
Garbage shall be drained of all moisture and completely
wrapped in paper before being placed in said containers.
D.
Containers shall be placed at the curb or property
line along a public highway in such a manner as to give the contractor
ready access to the same. No collections will be made from any location
which is not along the right-of-way of a public highway.
E.
All single-use properties with businesses generating
200 or more pounds of garbage and trash weekly must provide for private
pickup of such garbage and trash and provide proper disposal of same.
F.
All properties with two or more businesses generating
a combined total of 200 pounds of garbage and trash per week must
provide for private pickup of garbage and trash. A common enclosure
may be used to house garbage and trash, as well as designated recycling.
However, garbage and trash must be in a separate container and designated
recyclables in a designated container separate from garbage and trash.
A.
The contractor shall comply with all of the foregoing
rules and regulations and with the provisions of any other applicable
ordinance, regulation or statute.
B.
Each occupant shall comply with all of the foregoing
rules and regulations.
C.
In addition to any other penalty prescribed herein
for failure to comply with the foregoing rules and regulations, the
trash and garbage of any occupant will not be collected unless and
until the same is set out for collection in the manner herein prescribed.
The violation of any of the provisions of this
article shall, upon conviction, be punishable by a fine of not less
than $250 nor more than $1,000. Each twenty-four-hour period that
any violation continues to exist shall be deemed to be a separate
offense and shall be punishable as aforesaid.
[Amended 6-21-2010 by Ord. No. 1361-10; 5-16-2011 by Ord. No.
1385-11; 6-3-2013 by Ord. No. 1448-13]
This article shall be known and may be cited as the "Township
of Middle Recycling Program Ordinance."
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Those materials designated within the Cape May County Solid
Waste Management Plan to be source separated for the purpose of recycling
by residential, commercial, institutional and industrial sectors.
The recycling of these materials is mandatory; they cannot be disposed
of as solid waste. The source-separated recyclable materials that
are mandated for recycling are organized into the following two categories,
which include but are not limited to:
Category 1: designated recyclable materials to be set out at
curbside. The following source-separated recyclable materials shall
be mixed together and set out at curbside for collection; this set-out
and collection system shall be known as "single-stream collection."
The following items are included as "single-stream recyclable materials":
Paper products: newspaper with inserts, magazines, office paper,
junk mail including shredded paper, telephone and paperback books,
corrugated cardboard, brown paper bags, non-foil wrapping paper, and
chipboard packaging including but not limited to dry food boxes (cereal,
rice, pasta, cookie and cracker), gift, shoe and tissue boxes, powdered
detergent boxes, paper towel rolls, clean pizza boxes (no food debris)
and cardboard beverage carriers. Remove and throw away all liner bags,
food-contaminated paper and waxed-coated cardboard boxes. Shredded
paper may be placed in a clear plastic bag.
Glass, food and beverage containers: clear, green and brown
food and beverage bottles and jars, excluding, however, blue bottles,
window glass and light bulbs. All food and liquid residue shall be
removed from containers.
Metal food and beverage containers: aluminum and steel food
and beverage containers five gallons or less in size, including empty
aerosol cans. No paint cans. All food and liquid residue shall be
removed from containers.
Plastic containers: plastic containers imprinted with the following
on the bottom:
 |
PETE
| |
 |
HDPE
| |
 |
PVC
| |
 |
LDPE
| |
 |
PP
| |
 |
PS or
| |
 |
Other
| |
|
five gallons or less in size, including bottles, jugs, jars
and other rigid plastic containers. Plastic containers from food,
beverage, health, beauty and cleaning products are included. Examples
include, but are not limited to, margarine tubs, microwave trays,
yogurt containers, plastic buckets and landscape pots. No Styrofoam
packaging. No polystyrene egg cartons. No beverage cups. No PVC pipe.
No plastic film. No plastics which contained chemicals or hazardous
products, such as motor oil or pesticide containers. All food and
liquid residue shall be removed from containers.
| ||
Category 2: designated materials to be recycled by the individual
generator or municipality via dropoff at Cape May County Municipal
Utilities Authority (CMCMUA) or private NJDEP-approved recycling facilities,
as applicable:
Christmas trees: free of decorations, tree stands and plastic
bags;
Leaves: comprised mainly of tree and plant leaves and not contaminated
with brush or other material; and
Grass: lawn grass clippings;
Brush, tree branches and stumps: all parts of vegetative growth
from trees, and vegetative materials generated during land clearing;
Ferrous and nonferrous scrap: metals, such as copper, iron,
sheet metal, aluminum, radiators, structural steel, metal pipe and
"white goods" including, but not limited to, appliances containing
CFC' or Freon;
Computers and consumer electronics: a computer central processing
unit and associated hardware, including keyboards, modems, printers,
scanners and fax machines, cathode ray tubes, cathode ray tube devices,
flat panel displays or similar video display devices with a screen
that is greater than four inches measured diagonally and that contains
one or more circuit boards, including, but not limited to, televisions
and cell phones. Also includes VCRs, radios and landline telephones;
Motor oil/kerosene/No. 2 heating oil: crankcase oil and similar
oils, kerosene fuel and No. 2 home heating oil which are used to fuel
heating equipment;
Wood pallets and crates: clean untreated, unpainted pallets
and crates only;
Batteries, lead acid batteries: used SLA (sealed lead acid)
batteries generated from motor vehicles, aviation and marine equipment;
Propane tanks: empty twenty-to-thirty-pound BBQ type tanks;
Contaminated soil: if classified as ID27, all fuel-contaminated
soil, dewatered soil, and stone from septic beds and similar materials
which are allowed to be recycled in accordance with the regulations
of the New Jersey Department of Environmental Protection;
Commercial cooking grease: grease and oil generated from food
preparation by commercial sources only;
Asphalt and concrete: asphalt and concrete materials from construction
and demolition projects;
Auto and truck bodies: all junk automobiles, trucks and parts;
Rimless tires: worn truck and passenger car tires without rims;
Used oil filters: used filters that are generated from changing
crankcase oil in automobiles, trucks and other vehicles;
Antifreeze: used antifreeze generated from automobiles, trucks
and other vehicles/sources; and
Consumer rechargeable NiCad (nickel-cadmium) and small sealed
lead acid batteries: small sealed batteries generated from use of
electronic equipment.
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
article, and any rules and regulations which may be promulgated hereunder.
This appointee shall also be responsible to assure that all materials
recycled in the municipality are properly reported and recorded. The
New Jersey Mandatory Source Separation and Recycling Act requires
that each municipality appoint at least one individual as Municipal
Recycling Coordinator who has successfully completed all requirements
mandated by the State of New Jersey to be designated as a New Jersey
Certified Recycling Professional.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Township
of Middle.
The New Jersey Department of Environmental Protection.
Those materials recommended within the Cape May County Solid
Waste Management Plan to be source separated for the purpose of recycling
by residential, commercial, institutional and industrial sectors.
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.
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.
Mandatory source separation: It shall be mandatory for all persons
who are owners, lessees, tenants or occupants of residential and nonresidential
premises, including but not limited to retail and commercial locations,
government, schools and other institutional locations within the Township
of Middle, to separate designated recyclable materials from all solid
waste.
A.
Category 1 designated recyclable materials shall be placed at the
curb in a manner and on such days and times as may be hereinafter
established by the Township of Middle.
B.
When municipal curbside collection is not provided for designated
recyclable materials, as is the case for those recyclables included
in Category 2, it shall be the obligation of the generator to deliver
or arrange for the delivery of such materials to the Cape May County
Municipal Utilities Authority (CMCMUA) recycling facilities located
at the sanitary landfill and/or transfer station as applicable, or
to a private sector market for recycling.
The collection of source-separated recyclable materials shall
be in the manner prescribed as follows:
A.
It is the responsibility of the property owner to provide adequate
size and number of containers for the placement of recyclables for
curbside collection as follows: single-stream recyclable materials
as defined in Category 1 shall be mixed together in one container.
More than one container may be used for single-stream recyclable materials;
however, each container used should be marked or labeled to identify
its contents as single-stream recyclable materials. All set-out containers
which contain single-stream 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 recycled
shall be placed as noted above any time after 5:00 p.m. of the day
immediately preceding the day of collection, but no later than 6:00
a.m. of the day of collection. After collection, any containers shall
be removed from the curbside by no later than 7:00 p.m. of the day
of collection.
B.
All receptacles or dumpsters shall be maintained in a clean and safe
manner.
C.
The following materials must be source separated and recycled through
the municipal recycling program in the following manner:
(1)
Leaves and grass. Leaves shall be raked to the curbside for bulk
pickup beginning on or about November 1 of each year and ending on
or about January 15 of each year. All other times of the year leaves
shall be in biodegradable paper leaf bags or in open containers and
placed at curbside with the recyclables. Grass clippings shall be
in a biodegradable leaf paper bag or open container and placed at
curbside with the recyclables. The weight of the bag/container is
not to exceed 50 pounds.
(2)
Christmas trees. Natural Christmas trees shall be placed at curbside
for collection free of all decorations, tree stands and plastic bags
starting on or about December 26 of each year and ending on or about
February 15 of each year.
(3)
Brush, tree branches and small trees. Brush, branches and small trees
shall be placed at curbside for pickup by the Township of Middle.
They must be freshly cut and are not to exceed three inches in diameter
and no longer than eight feet. All brush and small trees must be free
of roots, dirt and soil.
(6)
Computers and consumer electronics shall be placed at curbside for
pickup by the Township of Middle on your regularly scheduled trash
day.
(7)
Tires shall be placed at curbside for pickup by the Township of Middle
on your regularly scheduled trash day.
(8)
Antifreeze shall be placed at curbside for pickup by the Township
of Middle on your regularly scheduled trash day.
(9)
Lead acid batteries shall be placed at curbside for pickup by the
Township of Middle on your regularly scheduled trash day.
(10)
Used motor oil shall be placed at curbside for pickup by the
Township of Middle on your regularly scheduled trash day.
D.
The following materials must be source separated and recycled by
the generator at authorized CMCMUA recycling facilities or any NJDEP
approved recycling center:
(1)
Wood pallets and crates: by individual generator.
(2)
Propane tanks: by individual generator.
(3)
Computers and consumer electronics: curbside by the Township of Middle.
(4)
Tires: curbside by the Township of Middle.
(5)
Antifreeze: curbside by the Township of Middle.
(6)
Lead acid batteries: curbside by the Township of Middle.
(7)
Used motor oil: curbside by the Township of Middle.
(8)
Kerosene/No. 2 heating oil: by individual generator.
(9)
Used oil filters: by individual generator.
(10)
Asphalt and concrete: by individual generator.
(11)
Auto and truck bodies: by individual generator.
(12)
Contaminated soil: by individual generator.
(13)
Commercial cooking greaser by individual generator.
(14)
Consumer rechargeable NiCad and small sealed lead acid batteries:
by individual generator.
A.
Residential dwelling compliance requirements. The owner of each property
shall be responsible for compliance with this article. For multifamily
units, including but not limited to condominium complexes and seasonal
hotel/motels and guesthouses, the management or owner is responsible
for setting up and maintaining the recycling system, including collection
of designated recyclable materials, except for those designated recyclable
materials for which municipal collection service is provided to multifamily
units. Violations and penalty notices will be directed to the owner
or management, in those instances where the violator is not easily
identifiable. The owner or management shall issue notification and
collection rules regarding recycling requirements to all new tenants
when they arrive and with a reminder a minimum of every six months
during their occupancy.
B.
Commercial establishment compliance requirements.
(1)
All commercial, business or industrial facilities shall be required
to comply with the provisions of this article.
(2)
The arrangement for collection of all categories of designated recyclable
materials hereunder shall be the responsibility of the commercial,
institutional or industrial property owner or its designee, except
for those specific designated recyclable materials that are collected
by the municipality from that property. All commercial, institutional
or industrial properties at which litter is generated by employees
or the public shall provide litter and recycling receptacles. These
properties shall provide for separate recycling collection services
for the contents of the recycling receptacles.
(3)
Every business, institution or industrial facility shall report on
a quarterly basis to the Municipal Recycling Coordinator, on such
forms as may be prescribed, regarding recycling activities at its
premises, including the amount and type of recycled material not placed
curbside for municipal collection. If material is removed from the
premises by a hauler, recycler or paper shredder, the quantity and
final disposition of the material is to be reported on the form.
(4)
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle commercial cooking 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.
C.
New developments of multifamily residential units or commercial,
institutional or industrial properties.
(1)
Any application to the Planning Board of the Township of Middle,
for subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single-family developments of three
or more units or any commercial, institutional or industrial development
of 1,000 square feet or more, must include a recycling plan. This
plan shall contain, at a minimum, the following:
(a)
A detailed analysis of the expected composition and amounts
of solid waste and recyclables generated at the proposed development;
and
(b)
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.
(2)
Prior to the issuance of a certificate of occupancy by the Township
of Middle, 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 designated recyclable materials
for those locations or properties where the municipality does not
otherwise provide this service.
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 container of solid waste contains designated recyclable materials.
B.
It shall be the responsibility of the owner or occupant to properly
segregate the uncollected waste for proper disposal and/or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
at the curbside beyond 7:00 p.m. on the day of collection 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 any personnel authorized by the municipality or the owner or
occupant responsible for placement of the designated recyclable materials
for collection, shall tamper with, collect, remove, or otherwise handle
designated recyclable materials. Upon placement of such designated
recyclable material, it shall become property of the municipality.
It shall be a violation of this article for any person not duly authorized
to collect or pick up or cause to be collected or picked up any recyclable
materials that are the property of the municipality as provided for
above.
A.
For all activities that require municipal approval such as construction,
demolition or public event permits, a designated recyclable materials
plan shall be filed along with all other required permit conditions.
The plan shall include provisions for the recovery of all designated
recyclable materials generated during construction, renovation and
demolition activities, as well as public events.
B.
Compliance with diversion requirement. The Municipal Recycling Coordinator
shall review the information submitted pursuant to this section of
this article and determine, prior to the issuance of the municipal
approval or permit, whether the plan submitted by the owner of the
entity carrying out the covered activity will comply or fail to comply
with the recycling requirements set forth herein. The determination
regarding compliance will be provided to the Municipal Public Works
Director/Supervisor and the owner of the entity carrying out the covered
project in writing. When such plan is deemed not compliant, the Municipal
Recycling Coordinator shall include specific conditions to be implemented
by the permit holder to achieve compliance. It shall be a violation
of this article for any owner or permit holder to fail to comply with
the recycling requirements set forth herein.
A.
The Municipal Recycling Coordinator and/or his designee shall be
specified via resolution by the governing body, as designated from
time to time, if necessary. Said employee and/or employees are individually
and severally empowered to enforce the provisions of this article.
The enforcers of this article may conduct inspections at the site
of the generator, which consists of sorting through containers and
opening of solid waste bags to detect, by sound or sight, the presence
of any designated recyclable material.
B.
Additionally, the Cape May County Health Department (CMCHD) shall
be empowered to enforce the provisions of this article. The municipality
shall retain primary enforcement responsibility with the CMCHD serving
in a secondary enforcement role which includes inspection of commercial
establishments with proof of violations prior to law enforcement actions.
The governing body is hereby authorized to promulgate, from
time to time, additional rules and regulations relating to the source
separation, preparation, placement and collection of recyclable materials
pursuant to the provisions of this program and this article; provided,
however, that such rules and regulations shall not be inconsistent
with terms and provisions of this article and shall be approved by
the governing body. Such rules and regulations shall be duly promulgated
subsequent to publication so that the public has had notice thereof.
Any person or entity violating, or failing to comply with, any
of the provisions provided in this article shall, upon conviction
thereof, be punishable by a fine of not less than $50 and not more
than $500 or by imprisonment for a term not to exceed 90 days, or
by both such fine and imprisonment, in the discretion of the Municipal
Judge. The continuation of any violation for each successive day shall
constitute a separate offense, and the person, persons, or entity
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense. Any violation may be
afforded at least one warning at the discretion of the enforcement
designees before the issuance of any fines.
