[HISTORY: Adopted by the Township Committee of the Township of Sandyston 1-2-2009 by Ord. No. 2008-14. Amendments noted where applicable.]
Solid waste — See Ch. 173.
Editor’s Note: This ordinance also repealed former Ch. 118, Recycling, adopted 7-6-1993 by Ord. No. 5-93, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
- DESIGNATED RECYCLABLE MATERIALS
- Those materials designated within the Sussex County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
- A. As defined by the Sussex County Solid Waste Management Plan, residential generators):
- B. As defined by the Sussex County Solid Waste Management Plan, nonresidential generators (commercial and institutional sectors):
- MULTIFAMILY DWELLING
- 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 guesthouses serving transient or seasonal guests, as those terms are defined under Subsection (j) of § 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
- MUNICIPAL RECYCLING COORDINATOR
- The person or persons appointed by the municipal governing body, who shall be authorized to, among other things, enforce the provisions of this chapter, and any rules and regulations which may be promulgated hereunder.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial and institutional establishments within the boundaries of the Township of Sandyston.
- RECYCLABLE MATERIAL
- 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.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Recyclable materials which are separated from solid waste at the point of generation by the generator thereof for the purposes of recycling.
- SOURCE SEPARATION
- The process by which recyclable materials are separated from solid waste at the point of generation by the generator thereof for the purposes of recycling.
Mandatory source separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Township of Sandyston, 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 and 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 Sandyston Township.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(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 this chapter 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 chapter, 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; 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.
The collection of recyclable material shall be in the manner prescribed as follows:
Glass shall be cleaned and/or rinsed. All tops shall be removed.
Aluminum and bimetal cans shall be rinsed.
Plastic containers (Nos. 1 through 7) shall be cleaned and/or rinsed. All tops shall be removed.
Magazines and junk mail shall be bundled separately, cross-tied and secured in bundles not to exceed 50 pounds.
Newspaper shall be bundled separately, cross-tied and secured in bundles not to exceed 50 pounds.
Corrugated/cardboard containers shall be knocked down and secured in bundles not to exceed 50 pounds.
All receptacles or dumpsters shall be kept in a clean and safe manner.
The owner of any property shall be responsible for compliance with this chapter. The management or owner of multifamily units 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. Violation and penalty notices will be directed to the owner or management in those instances where the violator is not easily identifiable. The management or owner shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this chapter.
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner, or his/her designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide out-of-doors litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials for the contents commonly deposited in those litter receptacles and shall provide for separate recycling service for their contents.
Every business, institution or industrial facility shall issue a report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, detailing recycling activities at their premises, including the amount and type of recycled material collected and recycled and the vendors providing recycling service.
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.
Editor's Note: See Part III, Board of Health Legislation, of this Code.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c, any application to the Planning board of the Township of Sandyston for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units or any commercial, 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:
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development (Note: A calculation of average amounts of materials generated from similar facilities in the county may be provided to satisfy this requirement); and
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, at a convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator.
Prior to the issuance of a certificate of occupancy by the Township of Sandyston, 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 recyclable materials, in those instances where the municipality does not otherwise provide this service.
Provisions shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
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.
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing nonsegregated solid waste and recyclables to accumulate will be considered a violation of this chapter and the local sanitary code.
Once placed in the location identified by this chapter, or any rules or regulations promulgated pursuant to this chapter, no person, other than those authorized by the municipality, shall tamper with, collect, remove or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Board of Health, the Recycling Coordinator and the Sussex County Department of Health are hereby individually and severally empowered to enforce the provisions of this chapter. An inspection may consist of sorting through containers and opening solid waste bags to detect the presence of any recyclable material.
Any person, corporation, occupant or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250 nor more than $1,000. Each day for which a violation of this chapter occurs shall be considered a separate offense.
Fines levied and collected pursuant to the provisions of this chapter 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 purchase of containers for distribution, educational materials or inspection costs.
In the event that it is determined by a court of competent jurisdiction that any provision or section of this chapter is unconstitutional, all other sections and provisions shall remain in effect.
This chapter shall take effect immediately unless otherwise provided by resolution of the governing body.