Township of Hopewell, NJ
Mercer County
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[Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 818-89.]
[Ord. #92-911, § 1]
Pursuant to the Recycling Act, each resident of the Township of Hopewell shall be required to comply with the recycling plan of the Township of Hopewell, adopting the Mercer County Recycling Plan to meet the State-mandated recycling goals. To effectuate and implement the Township of Hopewell Recycling Plan the following are hereby required.
[Ord. #92-911, § 1]
a. 
The Township of Hopewell hereby adopts this chapter to provide for recycling within its borders pursuant to the Recycling Act and Mercer County Recycling Plan as revised as its official municipal recycling program; and
b. 
All municipal contracts for solid waste collection and/or disposal with the Township of Hopewell shall be consistent with this chapter and the Mercer County Source Separation and Recycling Plan.
c. 
The Township of Hopewell shall heretofore provide for a collection system for leaves generated from residential premises, prohibit the placement of leaves for collection or disposal as solid waste, and require that persons occupying residential premises within its municipal boundaries source separate leaves from solid waste generated at those premises and, unless leaves are stored or recycled for composting or mulching by the generator, place the leaves for collection in the manner provided for herein.
Residents will be notified in the area newspapers when township public works crews will begin the leaf pickup program each year. Signs will be posted in each neighborhood one week before the township's scheduled pickup. Residents are requested to rake their leaves to the curb before the township's scheduled pickup in their area.
Leaves collected will be transported by township public works crews to the Hopewell Township Composting facility.
d. 
The Township of Hopewell may deliver tires to the existing transfer station, or such site as designated by the Mercer County Improvement Authority for transfer to a tire recycler.
e. 
The Township of Hopewell shall, at a minimum, within 30 days after the adoption of this chapter and at least once every six months thereafter, notify all persons occupying residential, commercial, and institutional premises within these municipal boundaries of recycling opportunities, and the source separation requirements of its ordinance and the Mercer County Source Separation and Recycling Plan ("Plan"). The municipalities shall inform residents concerning collection schedules and other aspects of recycling at a minimum twice a year.
In order to fulfill the notification requirements of this subsection, this municipality may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers, or any combination thereof, as the municipality deems necessary and appropriate.
At least once annually, the Improvement Authority shall be informed in writing of the manner in which residents were notified.
f. 
The Township of Hopewell shall, pursuant to N.J.S.A. 13:1E99.16(c), within 30 days of the effective date of this chapter, and at least 36 months thereafter, conduct a review and make necessary revisions to the master plan and development regulations adopted pursuant to P.L. 1975, c.291 (C.40:55D-1 et seq.), which revisions shall reflect changes in State, county and municipal policies and objectives concerning the collection, disposition and recycling of designated materials.
The revised master plan shall include provisions for the collection, disposition and recycling of recyclable materials designated in this chapter, and for the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multi-family residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.
Permits for construction and demolition work, as well as road opening permits, shall be required to specify the quantity of materials recycled, where they will be taken and how they will be handled.
[Ord. #92-911, § 1]
a. 
All residents of the Township of Hopewell, in areas designated for recycling collection, shall separate for curbside collection on designated collection days and such additional days as may be designated by the Mercer County Improvement Authority, those materials designated in the Mercer County Source Separation and Recycling Plan for curbside collection as listed below and shall do so in the manner prescribed by the Mercer County Improvement Authority. In addition, residents shall be required to recycle all designated materials not collected as part of the Improvement Authority's curbside program in the manner designated by the municipality.
b. 
All residents shall recycle, or cause to be recycled, at a minimum, the following categories of recyclables:
1. 
Paper, including:
(a) 
Newspapers.
(b) 
Magazines.
(c) 
Corrugated cardboard.
2. 
Clear, green, and amber glass food and beverage containers.
3. 
Aluminum food and beverage containers.
4. 
P.E.T. beverage and H.D.P.E. beverage and laundry detergent containers.
5. 
Tin-plate steel containers.
6. 
Bimetal containers.
7. 
Tires.
8. 
Vehicle batteries.
9. 
White goods.
10. 
Leaves.
11. 
Grass.
12. 
Used motor oil.
13. 
Ferrous automotive scrap.
The following materials are collected through the Improvement Authority's residential collection programs: glass, aluminum, plastic, tin-plate steel, and bimetal containers and paper as identified in paragraphs 1-6 above. Private contractors servicing multi-family complexes within the Township of Hopewell are required to collect for recycling, at a minimum, the same materials as collected through Improvement Authority residential collection programs.
As part of the Mercer County Source Separation and Recycling Plan the Township of Hopewell shall provide all residents a means to recycle items designated in the Plan and shall provide for collection of items designated in this Plan not collected curbside by the Improvement Authority in the following manner:
Tires - picked up curbside twice a year
Vehicle batteries - brought by residents to M.C. Hazardous Waste Day
White goods - picked up curbside monthly
Leaves - curbside monthly during spring and fall
Grass - residents encouraged to mulch and leave grass on lawns
Used motor oil - private drop-off at specified locations in the township
Ferrous automotive scrap - picked up curbside monthly
c. 
Any and all persons having found to have violated provisions of the Recycling Plan of the Township of Hopewell will be assessed warnings, penalties and fines pursuant to section 20-3 (Penalties) of this chapter; and
d. 
At the time of placement of recyclable materials designated for collection by the Recycling Plan of the Township of Hopewell at the curb or streetside of residential units said material shall be considered the sole property of the Mercer County Improvement Authority.
e. 
Materials collected from multi-family complexes by private contractors shall be the property of said private contractor. Private contractors servicing multi-family complexes shall provide monthly reports to the municipality on total tonnages recycled from all multi-family complexes serviced by said private contractor within the municipality. On or before January 31, private contractors shall file tonnage reports with the Improvement Authority giving annual totals for tonnages recycled and markets for individual materials, along with documentation for those tonnages and markets.
It shall be the responsibility of the landlord, building owner, property manager, and/or private association to ensure that recycling collection services are provided to residents of multi-family complexes and that sufficient space is provided for collection and storage of materials designated for recycling in this Plan.
If shall be the responsibility of the landlord, building owner, property manager, and/or private association to inform both current and new residents, at a minimum annually of the manner, time, and place for collection of recyclable materials.
f. 
Any resident may donate or sell designated recyclable materials to any person, whether operating for profit or not-for-profit, provided that the receiving person may not perform curbside collection of designated recyclable materials unless authorized by the Improvement Authority to do so.
[Ord. #92-911, § 1]
a. 
Effective with the adoption of this Plan, all commercial, industrial and institutional establishments located within the Township of Hopewell shall recycle, or cause to be recycled, the following categories of recyclables if a waste audit determines they are present in the waste stream. The Improvement Authority may, in its discretion, add additional materials to the list of designated recyclables, if it determines markets for those materials are available to the commercial/industrial/institutional sector.
1. 
Paper, including:
(a) 
Acceptable mixed paper.
(b) 
Corrugated cardboard.
(c) 
Office paper.
2. 
Clear, green, and amber glass food and beverage containers.
3. 
Aluminum food and beverage containers.
4. 
Tin-plate steel containers.
5. 
Bimetal containers.
6. 
P.E.T. beverage and H.D.P.E. beverage and laundry detergent containers.
7. 
Tires.
8. 
Vehicle batteries.
9. 
White goods.
10. 
Leaves.
11. 
Grass.
12. 
Used motor oil.
13. 
Ferrous automotive scrap.
b. 
As of March 15, 1990, all commercial/industrial/institutional establishments located within the Township of Hopewell shall have submitted a source separation recycling plan to the Mercer County Improvement Authority to meet the State recycling mandates identifying or incorporating the following:
1. 
All waste material generated, listed by type;
2. 
All volumes of these waste categories currently recycled;
3. 
Any agreement with any solid waste or recycling collection contractor for the recycling of source separated designated materials as defined in the District Recycling Plan;
4. 
A description of current or proposed recycling efforts for designated materials:
5. 
The name of the person responsible for the recycling plan.
c. 
Commercial/industrial/institutional establishments shall submit updated recycling plans, including a waste audit, to the Improvement Authority according to the following schedule:
1. 
Facilities with more than 500 employees by December 31, 1992;
2. 
Facilities with 250-499 employees by December 31, 1993;
3. 
Facilities with 100-249 employees by December 31, 1994;
4. 
Facilities with less than 100 employees by December 31, 1995.
Recycling plans shall be updated once every two years from date of approval of the waste audit.
d. 
All commercial/industrial/institutional establishments required to submit a recycling plan under this chapter, may at their option, submit a joint recycling plan with any other entity or entities whereby a common hauler and/or collection point for common pick-ups is set forth. However, each commercial/industrial/institutional establishment shall submit a plan identifying that they are part of this joint plan and shall attach a copy of same, incorporating it by reference. All joint plans must name all plan participants and designate a coordinator for the joint plan. If a joint plan is filed, the person or entity serving as coordinator shall be required to file tonnage reports with the Improvement Authority. It shall be the responsibility of the joint plan coordinator to update the list of participants, if necessary, at the time of filing of recycling tonnage reports.
e. 
New commercial/industrial/institutional establishments commencing operations in the Township of Hopewell after January 1, 1991, shall submit a recycling plan within six months of commencement of operations. An extension of time for plan submittal and/or plan implementation of up to 90 days may be granted by the Improvement Authority on request. Justification for such a request shall be submitted to the Improvement Authority in writing and shall be verified as necessary or justified.
f. 
Commercial/industrial/establishments shall file tonnage reports with the Improvement Authority annually with documentation on materials claimed for recycling. Reports are due on or before January 31 of the year following the end of the reporting period, which is December 31. The Improvement Authority reserves the right to establish more frequent reporting periods should the NJ Department of Environmental Protection and Energy require more frequent reporting.
g. 
Commercial/industrial/institutional establishments whose waste is collected through a municipal collection system shall be part of the municipal collection system for recyclables. All establishments participating in the curbside collection program shall be required to recycle designated materials not collected curbside if a waste audit determines their presence in the waste stream.
h. 
All persons leasing commercial/industrial/institutional space to tenants shall annually inform such tenants of their responsibilities for recycling under the terms of this Plan.
i. 
At the time of placement of recyclable materials designated for collection by the Plan at the curb or streetside of commercial/industrial/institutional establishments, said material shall be considered the sole property of the Mercer County Improvement Authority and shall be considered a conscious contribution to the County Recycling System for collection by the Mercer County Improvement Authority or its agent.
j. 
Any commercial/industrial/institutional recycling plan shall be consistent with those terms, conditions and goals set forth in the Mercer County Recycling Plan and this chapter. The failure to submit said plan or comply with same or any regulations therein, shall subject the commercial/industrial/institutional establishment to penalties set forth in this chapter.
k. 
Pursuant to the Recycling Act, the Township of Hopewell shall have the right to exempt persons occupying commercial, industrial and institutional premises within its boundaries from the source separation requirements of the chapter if those persons have otherwise provided for the recycling of recyclable materials designated in the chapter from solid waste generated at those premises. Such exemptions shall, however, not be effective until such time as approved with a formal plan amendment by Mercer County related thereto. The Township of Hopewell shall annually submit to the Mercer County Improvement Authority a list of those commercial/industrial/institutional establishments requesting exemptions under this subsection and the results of its determination with an explanation for said action. To be eligible for an exemption pursuant to this subsection, a commercial or institutional solid waste generator shall annually provide written documentation to this municipality and the Mercer County Improvement Authority of the total number of tons recycled. Persons occupying a commercial and institutional premises exempted under this subsection shall not be exempted from the reporting provisions of paragraph c.
l. 
Upon failure of a commercial/industrial/institutional establishment to meet the source separation recycling provisions of this amended Plan and/or the provisions of Ordinance #818-89,[1] and/or the provisions of the Mandatory Recycling Act, if not otherwise exempted, the municipality and/or Improvement Authority shall cause to be provided said recycling service, and all fees and costs for providing said recycling services shall be paid to the municipality in which said commercial establishment is located.
[1]
Editor's Note: Ordinance #818-89 established the Hopewell Township Recycling Plan and may be found on file in the office of the township clerk.
m. 
Any commercial/industrial/institutional recycling plan shall be consistent with those terms, conditions and goals set forth in the Mercer County Source Separation and Recycling Plan and this chapter. The failure to submit said plan or comply with the same shall subject the commercial/industrial/institutional establishment to penalties as set forth in this chapter.
[Ord. #92-911, § 2]
a. 
The enforcement of the Recycling Plan of the Township of Hopewell shall be provided individually and severally by the Township of Hopewell with regard to enforcement of this chapter, and/or the Mercer County Improvement Authority, and/or the New Jersey Department of Environmental Protection.
b. 
The Township of Hopewell hereby designates Eleanor Lauricella as liaison with the Mercer County Improvement Authority for the enforcement of this chapter.
[Ord. #92-911, § 3; Ord. #94-979]
a. 
Any resident of the Township of Hopewell who is found to have violated the provisions of this chapter shall be subject to the following procedures and penalties:
1. 
One warning with cessation in collection of garbage containing recyclable materials from the household until recyclables are removed from garbage.
2. 
A fine of up to $500 per day of violation depending upon the extent and circumstances of the violation to be assessed pursuant to the Recycling Act, the Mercer County Source Separation and Recycling Plan, and this chapter.
[Ord. #92-911, § 3]
a. 
Failure to submit a recycling plan or have an approved recycling plan in place as required by this chapter shall subject the commercial/industrial/institutional establishment to a fine up to $100 per day until plan submittal requirements are met.
b. 
Any commercial/industrial/institutional establishment located within Mercer County found to have violated their required recycling plan as submitted to the county pursuant to section 20-2 of the chapter shall be subject to the following procedures and penalties:
1. 
One warning on the first and cessation of waste collection, thereafter.
2. 
A fine up to $1,000 per day of violation depending upon the extent of circumstances of the violation and the size of the violating establishment to be assessed pursuant to the Recycling Act, the County Recycling Plan and this chapter.
[Ord. #98-1097]
The Township of Hopewell hereby instructs the Mayor to execute the attached Collection and Marketing Agreement[1] between the Township of Hopewell and the Mercer County Improvement Authority, which will continue the municipality's participation in the program for collection of recyclable materials with service to be provided by the Authority's contractor.
[1]
Editor's Note: The Agreement referred to herein may be found on file in the office of the township clerk attached to Ordinance #98-1097.