[Ord. No. 10-10; Prior
ordinance history includes portions of Ordinance No.
07-36.]
Proper management of solid waste is an important matter of public
health and safety. The source separation and recovery of certain recyclable
materials will serve the public interest by conserving energy and
natural resources, and reducing waste disposal expenses. In accordance
with the requirements of the New Jersey Mandatory Source Separation
and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the 2009 Update
to the Monmouth County Solid Waste Management Plan, it is therefore
necessary to update and amend existing municipal rules and regulations
for the separation, storage, collection and recovery of designated
recyclable materials.
[Ord. No. 10-10]
a.
It shall be mandatory for all persons who are owners, lessees and
occupants of residential property, of business and industrial properties,
and of private or public and government institutions and buildings,
to separate newspaper, corrugated cardboard, clean mixed paper, aluminum
cans, tin and bi-metal cans, glass bottles and jars, and pourable
plastic bottles ("designated recyclables"), from all other solid waste
produced by such residences and establishments, for the separate collection
and ultimate recycling of such materials.
1.
Newspaper - Shall mean and include paper of the type commonly referred
to as newsprint, and includes any inserts which are normally included
in the newspaper. Specifically excluded are any pages of the newspaper
used for household projects and crafts, such as painting or paper
mache projects, or used for cleanup of pet waste.
2.
Corrugated Cardboard - Shall mean layered cardboard including a waffled
section between the layers, of the type commonly used to make boxes
and cartons. Specifically excluded are waxed cardboard and any cardboard
contaminated by direct contact with food, such as pizza boxes.
3.
Clean Mixed Paper - Shall mean high grade bond paper, mixed office
and school papers, such as stationery, construction paper and writing
tablets, including computer printouts, magazines, gift wrapping paper,
soft cover books, junk mail and single layer cardboard (chipboard).
Specifically excluded are carbon papers, hard cover books (unless
cover and binder are removed), paper cups and plates, food wrappers
or any other paper contaminated by direct contact with food products,
and paper products used for personal hygiene, such as tissues.
4.
Aluminum Cans - Shall mean all disposable cans made of aluminum used
for food or beverages. Specifically excluded are aluminum foils, pie
tins, trays, cookware and other aluminum products.
5.
Tin and Bi-Metal Cans - Shall mean all disposable cans made of tin,
steel or a combination of metals including, but not limited to, containers
commonly used for food products. Specifically excluded are cans which
contain toxic products, such as paints and oils.
6.
Glass Bottles and Jars - Shall mean transparent or translucent containers
made from silica or sand, soda ash and limestone, used for the packaging
or bottling of various products. Specifically excluded are dishware,
light bulbs, window glass, ceramics and other glass products.
7.
Pourable Plastic Containers - Shall mean plastic bottles where the
neck is smaller than the body of the container, and is limited to
plastic resin type #1 PET and plastic resin type #2 HDPE. Specifically
excluded are other resin types (#2 through #7) and non-bottle plastic
containers such as margarine tubs and other consumer items and packages,
such as film plastics, blister packaging, boxes, baskets, toys and
other products.
8.
Designated Recyclable Materials - Shall mean those recyclable materials
including metal, glass, paper, or plastic containers, commercial,
nonresidential, corrugated and other cardboard, newspaper, magazines
or high grade office paper designated in this section to be source
separated.
9.
Disposition or Disposition of Designated Recyclable Materials - Shall
mean the transportation, placement, reuse, sale, donation, transfer
or temporary storage for all possible uses except for disposal as
solid waste.
10.
Dwelling Unit - Shall mean a one-family home, a two-family home and
apartment cooperative unit or condominium unit.
11.
High Grade Paper - Shall mean and include white and/or off-white
stationery, photocopy and computer paper.
12.
Junk Mail - Shall mean and include advertising mail; circulars; wrapping
paper, non-metallic; solicitation mail; and business promotional papers.
13.
Magazines - Shall mean and include all magazines or periodicals printed
on glossy stock or paper of heavier quality.
14.
Multifamily Dwelling - Shall mean any building or structure, or complex
of buildings in which three or more dwellings 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(C. 55-13A-1 et seq.).
15.
Municipal Solid Waste Stream - Shall mean all residential, commercial,
and institutional solid waste generated within the boundaries of the
Borough as measured in tons.
16.
Nonacceptable Material - Shall mean and include blueprints; brown
paper bags; telephone book, yellow pages; carbon paper; plastic bags;
and napkins, tissues, and paper towels.
17.
Paper - Shall mean all newspaper, high grade office paper, fine paper,
bond paper, offset paper, xerographic paper, mimeo paper, duplicate
paper, and related types of cellulosic material containing not more
than 10% by weight or volume of non-cellulosic material such as laminates,
binders, coating, or saturants.
18.
Paper Product - Shall mean any paper items or commodities including
but not limited to, paper napkins, towels, corrugated and other cardboard,
construction material, toilet tissue, paper and related types of laminate,
binders, coatings, or saturants.
19.
Person - Shall mean owners, lessees, and occupants, including temporary
occupants of property within the Borough, including residential, commercial
and industrial uses.
20.
Premises - Shall mean any dwelling or structure and the surrounding
privately owned property located within the Borough.
21.
Recyclable Material - Shall mean those materials which would otherwise
become municipal solid waste, which may be collected, separated or
processed and returned to the economic mainstream in the form of raw
materials or products. Recyclable material shall include, but is not
limited to, leaves, newspapers and magazines, corrugated cardboard,
glass, aluminum and plastic, and tin cans.
22.
Recycled Paper Products - Shall mean any paper product consisting
of not less than 50% secondary waste paper material.
23.
Recycled Paper - Shall mean any paper having a total weight consisting
of not less than 50% secondary waste paper material.
24.
Recycling - Shall mean 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.
25.
Recycling Center - Shall mean any designated area or facility designed
and operated solely for receiving, storing, processing, and transferring
source separated, nonputrescible or source separated commingled nonputrescible
metal, glass, paper, plastic containers, corrugated and other cardboard
or other recyclable materials approved by the New Jersey Department
of Environmental Protection.
26.
Recycling Services - Shall mean the services provided by persons
engaged in the business of recycling, including the collection, processing,
storage, purchase, sale or disposition, or any combination thereof
of recyclable materials.
27.
Solid Waste - Shall mean and include all garbage and rubbish normally
produced by the occupants of commercial, industrial and residential
property and disposed of by private or public pickup.
28.
Source Separated Recyclable Materials - Shall mean recyclable materials
including but not limited to, paper, metal, glass, commercial food
establishment food waste, office paper and plastic which are kept
separate and apart from residential, commercial and institutional
solid waste by the generator thereof for the purposes of collection,
disposition and recycling.
29.
White Goods - Shall mean electrical home appliances and machines,
including, but not limited to, refrigerators, washing machines, dryers,
water heaters, window unit air conditioners, and ranges.
b.
Residences, businesses and institutions provided with recyclables
collection service by municipal forces or through municipal contract
shall place all designated recyclables in the appropriate containers
at curbside or other area(s) in the manner and schedule as regularly
published and distributed by the municipality.
c.
Any multi-family complex, business or institution not provided recyclables
collection service by municipal forces or through municipal contract
shall be responsible for arranging the appropriate separation, storage,
collection and ultimate recycling of all designated recyclables.
d.
Any multi-family complex, business or institution which is not provided
recyclables collection service by municipal forces or through municipal
contract shall provide the municipality with, at a minimum, an annual
report describing arrangements for both solid waste and recyclables
collection services, including the size, number and location of storage
containers, frequency of pick-up service, shall provide the municipality
with, at a minimum, an annual report describing arrangements for both
solid waste and recyclables collection services, including the size,
the name and address of any contractor hired to provide such service,
and phone and other contact information for the contractor.
e.
Leaves shall be kept separate from other vegetative waste, and shall
only be placed for collection in the manner and schedule as shall
be published and distributed by the municipality. Grass clippings
shall not be placed with other materials for solid waste collection.
This requirement shall not prohibit any person or establishment from
making arrangements to collect leaves and grass directly from their
property through their own efforts or via contract with a landscape
service or other appropriate company, for direct transportation to
a permitted recycling operation.
f.
The following bulky recyclables shall not be placed with solid waste
at the curbside or in containers provided for waste collection and
transportation to a disposal facility: concrete, asphalt, brick, block,
tree stumps, tree limbs over three inches in diameter, metal appliances
or bulk metal items larger than one cubic foot and/or heavier than
five pounds.
g.
Automotive and other vehicle or wet cell batteries, used motor oil
and anti-freeze shall not be disposed as solid waste. Such items are
to be kept separate from other waste materials and recyclables, and
brought to local service stations, scrapyards, or publicly-operated
recycling facilities designed and permitted to handle such products.
h.
Common, nonrechargeable dry cell batteries, commonly labeled A, AA,
AAA, C, D and 9-Volt, may be disposed with regular municipal solid
waste; however, rechargeable dry cell and button batteries still contain
significant amounts of various toxic metals, including mercury, and
shall be separated and brought to retail outlets or publicly-operated
recycling facilities providing specific arrangements for the proper
packaging and shipment of rechargeable and/or button batteries to
appropriate processing facilities.
i.
Computers, computer monitors and other related electronic hardware,
as well as analog and digital televisions, are prohibited from being
placed with other solid waste for disposal. These and other electronic
devices shall be kept separate and brought to retail outlets or publicly-operated
recycling facilities providing specific arrangements for shipment
of these items to appropriate processing facilities.
[Ord. No. 10-10]
In accordance with existing State regulations (N.J.A.C. 14A:3-11),
all service stations, oil retailers and motor vehicle reinspection
stations with "used oil holding tanks" shall accept up to five gallons
at a time of used motor oil from individuals changing oil from cars,
lawn mowers or motorcycles and shall post a sign informing the public
that they are a designated "Used Oil Collection Site."
[Ord. No. 10-10]
a.
All designated recyclables become the property of the municipality
and/or the contracted collector once placed at the curbside, in a
container provided by the contractor, or brought to and accepted at
the Municipal Recycling Depot.
b.
It shall be a violation of this section for any unauthorized person
to pick up or cause to be picked up, any recyclable materials as defined
herein. Each such collection shall constitute a separate and distinct
offense.
c.
Notwithstanding anything herein to the contrary, any person may donate
or sell self-generated recyclable materials to any person, partnership
or corporation, whether or not operating for profit. The person, partnership
or corporation, however, shall not pick up the recyclable materials
at curbside.
[Ord. No. 10-10]
a.
No liquids of any type shall be placed with recyclables, or with
solid waste for collection and disposal.
b.
No chemicals, liquid paints, pesticides, herbicides, reactive polishes
or cleansers, cleaning or automotive products, or other hazardous
wastes shall be placed with recyclables, or with solid waste for collection
and disposal.
[Ord. No. 10-10]
a.
All apartment and other multifamily complexes, businesses, schools
and other public or private institutions shall provide separate and
clearly marked containers for use by residents, students, employees,
customers or other visitors, for trash and the various types of recyclables,
as appropriate.
b.
Any company or agency providing dumpsters, rolloff or other containers
to any apartment or other multifamily complex with shared disposal
and recycling areas, or to any business, school or other institution,
or for any construction/demolition project, shall clearly mark such
container for trash or for specific recyclables, as may be appropriate.
[Ord. No. 10-10]
a.
The municipality shall issue construction and demolition permits
only after the applicant has provided a Debris Management Plan identifying
the estimated number and types of containers to be used for the handling
of all solid wastes and recyclables generated during the project,
and arrangements for the proper disposition of the generated materials.
b.
A refundable deposit of $50 to $1,000 shall be submitted with the
Debris Management Plan, which will be returned after completion of
the project and submittal of appropriate records documenting the quantity
and disposition of solid wastes and recyclables. Inadequate or incomplete
documentation may result in the forfeiture of some or all of the required
deposit.
[Ord. No. 10-10]
a.
The position of Recycling Coordinator is hereby created and established
within the municipality, to be appointed by the Governing Body, for
a term of one year expiring December 31.
b.
The duties of the Recycling Coordinator shall include, but are not
limited to: the preparation of annual or other reports as required
by State and County agencies regarding local solid waste and recycling
programs, reviewing the performance of local schools and municipal
agencies in conducting recycling activities, periodic review of local
residential and business recycling practices and compliance, review
and recommendation on local subdivision and site plan submittals and
local construction and demolition projects for appropriate waste disposal
and recycling provisions, reports to the Governing Body on the implementation
and enforcement of the provisions of this section, and such other
reports and activities as may be requested by the Governing Body.
c.
The Recycling Coordinator shall be required to comply with the Certification
Requirements for Municipal Recycling Coordinators, as established
by the State of New Jersey. The Recycling Coordinator shall have completed
or be in the process of completing the requirements for certification
as a "Certified Recycling Professional" (CRP) no later than January
13, 2012, as required by the New Jersey Recycling Enhancement Act.
[Ord. No. 10-10]
a.
The duly appointed Municipal Recycling Coordinator, the Monmouth
County Health Department, and Property Maintenance Officials are hereby
jointly and severally empowered to inspect solid waste and recycling
arrangements and compliance at local residences, businesses, schools
and institutions, and to enforce the provisions of this section, by
issuance of warnings, notices, summonses and complaints. A typical
inspection may consist of sorting through containers and opening bagged
solid wastes to detect the presence of recyclable materials.
b.
The authorized inspector may, in his or her discretion, issue a warning
rather than a summons following an initial inspection(s), with a follow-up
visit to determine compliance within a stated period of time.
[Ord. No. 10-10]
a.
Violation or noncompliance with any of the provisions of this section,
or the rules and regulations promulgated hereunder, shall be punishable
by a fine as follows:
b.
Each day such violation or neglect is committed or permitted to continue
shall constitute a separate offense and be punishable as such.
c.
Fines levied and collected in Municipal Court pursuant to the provisions
of this section shall be deposited into the Municipal Recycling Trust
Fund. Monies in the Municipal Recycling Trust Fund shall be used for
the expenses of the municipal recycling program.
[Ord. No. 10-10]
a.
Grass clippings, white goods, wet and dry cell batteries and asphalt
shingles may not be disposed of with mixed household or commercial
trash.
b.
Residents, businesses and institutions within the Borough of Matawan
may only use those recycling haulers and/or facilities legally registered
in Monmouth County.
c.
Businesses, institutions, and multiple-family housing units not served
by municipal recycling collection programs shall provide the Borough
of Matawan Recycling Coordinator with the name and address of the
company providing solid waste and recycling collection service. This
report shall be submitted prior to March 30 of every year.
d.
Construction and demolition permits shall issue only after an applicant
has identified in writing their recycling and disposal arrangements.
The application shall provide appropriate records documenting quantity
and disposition of all materials.
e.
Matawan Borough hereby requires that every site plan subdivision
or site plan consisting of more than 25 residential units or retail,
office or other commercial use submitted to the Unified Planning Board
shall identify and provide for handling of designated recyclable materials
in accordance with this section and the Monmouth County Solid Waste
Plan.
f.
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
under Federal, State, County, Local Administrative or Board of Health,
for inspection by any code enforcement officer or the Recycling Coordinator.
[Ord. No. 07-36 § 24-4]
a.
The position of Recycling Coordinator is hereby created and established
in the Borough of Matawan.
b.
The Recycling Coordinator shall be appointed by the Mayor with the
advice and consent of the Council of the Borough of Matawan for a
term of one year expiring December 31 of each year. The term of the
person first appointed as recycling coordinator shall expire December
31 of the year in which the appointment is initially made.
c.
The Recycling Coordinator, subject to the approval of the Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection and transportation, sale and/or marketing of said recyclable materials in order to encourage the preservation of material resources with minimizing the cost of the recycling program to the Borough of Matawan. Such regulations shall be effective not less than four months from the date of the promulgation of the regulations after approval of same by Mayor and Council and publication of the rules by the Borough Clerk. The Borough Council may, by majority vote, change, amend, repeal or modify any portion of rules and regulations adopted under this section and implemented by the Recycling Coordinator. The Recycling Coordinator shall be responsible for the enforcement of the provisions of Section 20-1.
d.
The Recycling Coordinator; pursuant to his/her authority, shall have
the power to modify the recyclable material as defined herein upon
the approval of the Mayor and Council. Such modification may be made
by way of addition thereto or deletion therefrom. Any such modification
shall be effective upon approval by the Mayor and Council.
[Ord. No. 10-16]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Matawan and/or the waters of the State so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. No. 10-16]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Borough of Matawan or other public body, and is
designed and used for collecting and conveying stormwater. NOTE: In
municipalities with combined sewer systems, add the following: "MS4s
do not include combined sewer systems, which are sewer systems that
are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources."
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted
to the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 10-16]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Matawan.
[Ord. No. 10-16]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 10-16]
This section shall be enforced by the Construction Code Official,
the Health Officer and the Police Department of Borough of Matawan.
[Ord. No. 10-16]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,250.
