[1]
Editor's Note: Prior ordinance history includes portions
of 1967 Code §§ 67B-1-67B-9 and Ordinance No. 26-86,
19-88, 37-89, 15-91 and 24-94.
[Ord. No. 226-08 § 1]
Shall mean a combining of nonputrescible source-separated
recyclable materials for the purpose of recycling.
Shall mean 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 CANSShall mean cans 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 JARSShall mean bottles 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.
PLASTIC BOTTLES (CODED 1 AND 2)Shall mean plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as polyethyleneterephthalate (PETE) or high density polethylene (HDPE). See symbols below. 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 above 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) CANSShall mean an air-tight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
NEWSPAPERShall mean a 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 CARDBOARDShall mean shipping containers made with kraft paper linerboard and corrugated medium.
MIXED PAPERShall mean various 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, soft cover books.
LEAVESShall mean vegetative material, typically generated in the autumn when they fall from trees and bushes.
BRUSHShall mean branches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
NATURAL WOOD WASTEShall mean logs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
OIL-CONTAMINATED SOILShall mean nonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, #4 & #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 OILShall mean motor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
LEAD-ACID BATTERIESShall mean storage 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 BATTERIESShall mean rechargeable 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 C.F.R. 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 APPLIANCESShall mean appliances 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 TIRESShall mean tires that are whole, not chipped into small pieces. Tires are allowed to be recycled and/or incinerated for energy recovery.
Shall mean 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 (C.55: 13A-1 et seq.).
Shall mean 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.
Shall mean the person or persons named by the municipality
who shall fulfill the responsibilities with respect to recycling enforcement
coordination detailed in the March 2007 Morris County Solid Waste
Management Plan Amendment Section 8.6. This person may be the same
person designated as the Municipal Recycling Coordinator.
Shall mean all solid waste generated at residential, commercial,
and institutional establishments within the boundaries of Long Hill
Township which is not bulky waste or construction and demolition debris.
Shall mean 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.
Shall mean 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.
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
[Ord. No. 226-08 § 1]
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 municipality of Long Hill, 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 a manner
and on such days and times as may be hereinafter established by regulations
promulgated by the Township of Long Hill.
b.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16.6.(d), the Governing
Body of a municipality may exempt persons occupying commercial or
institutional premises within its municipal boundaries from the source
separation requirements of the ordinance which requires persons generating
municipal solid waste within its municipal boundaries to source separate
from the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this section, a commercial or institutional generator of solid
waste shall file an application for exemption with the municipal 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 municipal recycling coordinator
of the total number of tons collected and recycled for each designated
material.
[Ord. No. 226-08 § 1]
As set forth in N.J.S.A. 13:1E- 99.13.3.b.(4)(c), Township of
Long Hill 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.
[Ord. No. 226-08 § 1]
A.
Program Responsibilities and Descriptions.
a.
The owner/occupant of any building within the Township shall separate
from all other solid waste the following items according to Township
regulations as follows:
1.
Newspaper shall be bundled separately and secured with string and
bundles not exceeding 50 pounds or shall be bundled in ordinary brown
paper bags. No plastic bags shall be used.
2.
Mixed papers shall be bundled in ordinary brown paper bags.
3.
Corrugated cardboard boxes must be flattened and tied together in
bundles no bigger than three square feet or 20 pounds in weight.
4.
Aluminum cans shall be rinsed, crushed and placed in a homeowner
supplied container no larger than 30 gallons in size. No plastic bags
shall be used.
5.
Glass bottles and jars shall be rinsed and shall be separated by
color with rings and caps removed placed in a homeowner supplied container
no larger than 30 gallons in size. No plastic bags shall be used.
6.
Used motor oil shall be placed in appropriate containers and taken
to a certified collection center.
7.
Plastic bottles shall be rinsed and placed into a permanent homeowner
supplied container no larger than 30 gallons in size. No plastic bags
shall be used.
8.
Steel (tin) cans shall be rinsed and placed into a permanent homeowner
supplied container no larger than 30 gallons in size. No plastic bags
shall be used.
9.
Tires shall be brought to the Township recycling center (located
at the Township DPW facility) at designated times after purchase of
a sticker.
10.
Lead-acid batteries shall be brought to the Township recycling
center at designated times.
11.
Metal appliances and metal goods shall be picked up by the Township
Public Works Department or dropped off at the recycling facility as
indicated in Township publications.
12.
Household batteries shall be brought to the Township recycling
center at designated times.
13.
Electronics, personal computers and the like may be brought
to the Township recycling center at designated times.
14.
Fluorescent light bulbs shall be brought to the recycling center
at designated times.
b.
Residents of single-family homes within the Township which are serviced
by Township garbage collection may participate in the Township's
curbside recycling pick-up service and place newspapers, aluminum
cans, glass, tin cans and plastic bottles which have been treated
in accordance with this section at curbside for collection according
to the schedule adopted by the Township Administrator or may deposit
the recyclable materials at the Township Recycling Center during designated
hours.
c.
Any resident at his or her option may deposit any recyclable materials
at the Township Recycling Center during designated hours.
d.
Leaves, grass clippings and brush may be deposited at the designated
Township compost center during designated hours.
e.
In the case of multi-generator buildings such as apartment buildings,
hotels or office buildings, the building management as well as the
generator and/or hauler shall be responsible for compliance with County
and Township mandated material source separation recycling requirements.
B.
Documentation. All commercial, institutional and multi-family developments
which are not serviced by municipal recycling collection systems must
submit recycling documentation on an annual basis to the Municipal
Recycling Coordinator. Each annual report must be filed by January
8 of the succeeding year.
The Municipal Recycling Coordinator will compile all recycling
documentation and file an annual Recycling Tonnage Report with NJDEP
and the County Recycling Coordinator.
C.
Anti-Scavenger Clause. Recyclable materials placed at the curb or Recycling Center are the property of the Township or its authorized agent. It is a violation of this section for any person unauthorized by the Township to collect or pick up or cause to be collected or picked up any such recyclables. Any and each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided in subsection 21-1.9.
[Ord. No. 226-08 § 1]
The owner of any property shall be responsible for compliance
with this section. 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.
[Ord. No. 226-08 § 1]
a.
All nonresidential generators, including commercial, industrial and
institutional establishments, of solid waste shall be required to
comply with the provisions of this section.
b.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoors 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 an annual basis to
the Municipal 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.
[Ord. No. 226-08 § 1]
a.
Any application to the planning board of the municipality of Long
Hill for subdivision or site plan approval for the construction of
multi-family 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.
b.
Prior to the issuance of a Certificate of Occupancy by the municipality
of Long Hill, the owner of any new multi-family 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.
[Ord. No. 226-08 § 1]
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 section, or any rules
or regulations promulgated pursuant to this section, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
[Ord. No. 226-08 § 1]
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, and the Morris County Office of Health Management
are hereby individually and severally empowered to enforce the provisions
of this section. 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.
[Ord. No. 226-08 § 1]
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this section 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. Each
day for which a violation of this section occurs shall be considered
a separate offense.
Fines levied and collected pursuant to the provisions of this
section shall be immediately deposited into the Municipal Recycling
Trust Fund (or equivalent). Monies in the Municipal Recycling Trust
Fund shall be used for the expenses of the municipal recycling program,
including but not limited to publications, expansion of services or
equipment problems.
[Ord. No. 226-08 § 1]
In the event that it is determined, by a Court of competent
jurisdiction, that any provision or section of this section is unconstitutional,
all other sections and provisions shall remain in effect. This section
shall take effect immediately, unless otherwise provided by resolution
of the Governing Body.
[Ord. No. 36-84; 1967 Code
§ 27-2; Ord. No. 3-86; Ord. No. 37-87]
a.
The Township, at its discretion, may make dumpsters available to
Township residents for the dumping of building materials and automobile
parts.
b.
Any person using the Township dumpsters shall show proof of residence
in Long Hill Township, satisfactory to the Township attendant at the
dumpsters.
c.
Only passenger automobiles, passenger automobiles with trailers,
standard size or smaller vans and 3/4 ton or smaller pickup trucks
shall be allowed access to the dumpsters. Use of the dumpsters by
any other vehicle is strictly prohibited.
d.
Persons using the dumpsters shall be charged a fee according to schedules
adopted by the Township Committee by resolution.
e.
Dumping of any materials other than building materials and automobile
parts shall be strictly prohibited. The dumping of materials from
outside the Township by commercial contractors is strictly prohibited.
f.
Hours and days of operation of the dumpsters shall be set by the
Township Administrator. No materials shall be dumped at the Township
dumpsters except when the dumpsters are open and a Township attendant
is present.
[Ord. No. 121-03 § 1]
a.
In the case of a single-family residential housing, each responsible
solid waste generator, in those instances where a solid collection
system is not otherwise provided for by the Township and if he has
not already done so, shall enter into a contract for regular solid
waste collection service with any person lawfully providing private
solid waste collection services within the Township, except that those
solid waste generators who transport solid waste which is generated
at his residential premises directly to the solid waste facility utilized
by the Township for disposal shall be exempt from this requirement.
b.
In the case of multi-family residential housing, the responsible
solid waste generator, in those instances where a solid waste collection
system is not otherwise provided for by the Township and he has not
already done so, shall enter into a contract for regular solid waste
collection service with any person lawfully providing private solid
waste collection services within the Township; except that those responsible
solid waste generators who transport the solid waste which is generated
at his residential premises directly to the solid waste facility utilized
by the Township for disposal shall be exempt from this requirement.
It shall be the responsibility of the owner of the multiple dwelling
building to provide a sufficient number of appropriate solid waste
containers for the deposit of nonrecyclable waste materials to be
disposed of as solid waste.
c.
In the case of any commercial or institutional building or structure
located within the boundaries of the Township, the responsible solid
waste generator, in those instances where regular solid waste collections
services are not otherwise provided for, shall enter into a contract
with any person lawfully providing private solid waste collection
services within the Township.
d.
In the case of a responsible solid waste generator, within the Township,
who is transporting the solid waste which is generated at his residential
premises directly to the solid waste facility utilized by the municipality
for disposal, every such responsible solid waste generator within
the Township shall furnish proof that the responsible solid waste
generator is transporting the solid waste which is generated at his
residential premises directly to the solid waste facility utilized
by the Township for disposal to the Township Committee at least once
every 12 months. In order to fulfill the requirements of this section,
the responsible solid waste generator may include the proof of service
with the tax payment mailed to the Township Tax Collector.
[Ord. No. 371-2016 § 2]
a.
No household shall place more than two standard size trash cans at
the curbside for collection by the Township's contractor. In
lieu of garbage cans, a household may elect to use not more than two
large (thirty-gallon size) trash liners, or not more than four large
(thirteen-gallon size) white kitchen bags.
b.
Every household shall recycle in accordance with the requirements of Section 21-1 of this chapter. Recycling containers shall be placed at the curbside by every household for collection by the Township's contractor.
c.
Each household shall be permitted to place two bulk waste items per
month at the curb for collection by the Township's contractor.
The following regulations shall apply to the bulk collections:
1.
BULK WASTE ITEMS – Shall include, but not be limited to, small
and large appliances; furniture (chairs, tables, couch); carpeting
- cut into sections no larger than four feet wide and not to exceed
50 pounds per roll; mattresses/box springs; doors; windows.
2.
The following items shall not be included in bulk materials:
(a)
Construction and demolition materials;
(b)
Ashes;
(c)
Household trash;
(d)
Pool filters;
(e)
Rocks/stones/cement;
(f)
Auto parts;
(g)
Paints;
(h)
Hazardous materials;
(i)
Vegetative waste (grass clippings, leaves);
(j)
Dirt;
(k)
Stumps, tree trunks;
(l)
"White goods" including appliances that contain Freon or refrigerant
gas; kitchen and bath fixtures (sinks, toilets);
(m)
Computers and electronic equipment.
3.
Household Cleanouts. Furniture carpets, bedding and similar household
items resulting from the sale of a house will not be collected by
the Township. Disposal of such items is the responsibility of the
property owner or the real estate agent.
d.
Any items left at the curbside in violation of the above regulations
shall not be collected by the Township's contractor and it shall
be the responsibility of the property owner, tenant or occupant to
promptly remove all such items from the curbside within 12 hours after
being rejected by the Township's solid waste collection contractor.
e.
For purposes of this section, "household" shall mean each residential
living unit including those in multifamily and townhouse developments,
as well as single family detached residences.
[Ord. No. 121-03 § 2; Ord. No. 371-2016 § 1]
