Township of Sandyston, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Sandyston 1-2-2009 by Ord. No. 2008-14.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 173.
[1]
Editor’s Note: This ordinance also repealed former Ch. 118, Recycling, adopted 7-6-1993 by Ord. No. 5-93, as amended.

§ 118-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMINGLED
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):
(1) 
Food and beverage containers made entirely of aluminum.
(2) 
All computer paper and all high-grade white paper (including letterhead, typing, copier, onionskin, tissue and notepad paper).
(3) 
Containers, brown grocery bags and similar paper items, usually used to transport supplies, equipment, parts or other merchandise.
(4) 
All glass containers used for packaging food or beverages.
(5) 
Leaves, brush and other yard trimmings, including grass clippings, from institutional, commercial or industrial sources.
(6) 
White and colored paper, envelopes, telephone directories and books.
(7) 
Items listed in computer printout/white ledger category when mixed with envelopes, manila folders and colored paper; material generated by commercial/institutional sources.
(8) 
All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grade Nos. 6, 7 and 8 news).
(9) 
Containers such as polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) milk, water and detergent bottles.
(10) 
Rigid containers made exclusively or primarily of steel, tin-plated steel and composite steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products.
(11) 
Unfinished wood from land-clearing projects, storm damage or pruning activities.
(12) 
Textiles larger than 15 inches by 15 inches (e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belts, shoes, handbags and small stuffed animals).
(13) 
Rubber-based scrap automotive and truck tires.
(14) 
Petroleum-based or synthetic oil whose use includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable in its original purpose due to the presence of impurities or loss of original properties.
B. 
As defined by the Sussex County Solid Waste Management Plan, nonresidential generators (commercial and institutional sectors):
(1) 
Food and beverage containers made entirely of aluminum.
(2) 
Automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
(3) 
All computer paper and high-grade white paper (to include letterhead, typing, copier, onionskin, tissue and note pad paper).
(4) 
Asphalt, concrete block and pavers, brick, cinder block, patio blocks and any other masonry or paving materials.
(5) 
Any type of button, coin, cylindrical, rectangular or other-shaped enclosed device or sealed container which is utilized as an energy source for commercial, industrial, medical, institutional or household use; does not include lead-acid batteries from vehicles.
(6) 
Containers, brown grocery bags and similar paper items used as dunnage in the packaging and transporting of equipment and supplies or other merchandise.
(7) 
All glass containers used for packaging food or beverages.
(8) 
All structural steel or ferrous metal, including cast iron components.
(9) 
Batteries from all vehicles, heavy equipment and machinery that are stored in a manner that protects them from the elements to avoid corrosion and leakage.
(10) 
Leaves, brush and other yard trimmings, including grass clippings, from institutional, commercial or industrial sources.
(11) 
Magazines, flyers and mailers of magazine stock, glossy white and colored paper, and envelopes, telephone directories and books.
(12) 
Include fluorescent and compact tubes, high intensity discharge (HID) and neon lamps, electrical switches, thermostats, thermometers and any batteries containing mercury.
(13) 
Items listed in computer printout/white ledger category, when mixed with envelopes, manila folders and colored paper, generated by commercial/institutional sources.
(14) 
All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grade Nos. 6, 7 and 8 news).
(15) 
Containers such as polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) milk, water and detergent bottles and food containers.
(16) 
Crushed or shredded automobile or truck bodies, excluding auto shredder residue or fluff.
(17) 
Rigid containers made exclusively or primarily of steel, tin-plated steel and composite steel and aluminum used to store food, beverages, paint and a variety of other household and consumer products.
(18) 
Unfinished wood from land-clearing projects, storm damage or pruning activities.
(19) 
Textiles larger than 15 inches by 15 inches (e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belts, shoes, handbags and small stuffed animals).
(20) 
Rubber-based scrap automotive and truck tires.
(21) 
Any appliance used in a business that includes circuitry. Includes components and subassemblies of electronic products, computers and peripherals, i.e., monitors, surge suppressors, APUs, printers, copiers, VCRs and televisions, cell phones, fax machines, etc.
(22) 
Petroleum-based or synthetic oil whose use includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable in its original purpose due to the presence of impurities or loss of original properties.
(23) 
All large appliances such as washers, dryers, refrigerators, etc., as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums, and other nonstructural ferrous scrap.
(24) 
Unfinished lumber from construction or demolition projects, including pallets. "Unfinished" shall mean non-chemically treated, that is, not pressure-treated, impregnated with preservatives, insecticides, fungicides, creosote or other chemicals, and not painted, resin coated or otherwise surface treated, and not laminated or bonded and not similarly altered from its natural condition.
(25) 
All noncontainer aluminum, stainless steel, copper, zinc, brass and other metals, which generally do not rust.
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.

§ 118-2 Mandatory source separation; exemptions.

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 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.
B. 
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.

§ 118-3 Collection of recyclable materials.

The collection of recyclable material shall be in the manner prescribed as follows:
A. 
Glass shall be cleaned and/or rinsed. All tops shall be removed.
B. 
Aluminum and bimetal cans shall be rinsed.
C. 
Plastic containers (Nos. 1 through 7) shall be cleaned and/or rinsed. All tops shall be removed.
D. 
Magazines and junk mail shall be bundled separately, cross-tied and secured in bundles not to exceed 50 pounds.
E. 
Newspaper shall be bundled separately, cross-tied and secured in bundles not to exceed 50 pounds.
F. 
Corrugated/cardboard containers shall be knocked down and secured in bundles not to exceed 50 pounds.
G. 
All receptacles or dumpsters shall be kept in a clean and safe manner.

§ 118-4 Residential dwelling compliance.

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.

§ 118-5 Nonresidential establishment compliance.

A. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this chapter.
B. 
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.
C. 
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.
D. 
All food service establishments, as defined in the Health Code,[1] 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.
[1]
Editor's Note: See Part III, Board of Health Legislation, of this Code.

§ 118-6 Recycling plans for new developments.

A. 
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:
(1) 
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
(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, at a 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 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.
C. 
Provisions shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.

§ 118-7 Collection of solid waste mixed with recyclable materials prohibited.

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 nonsegregated solid waste and recyclables to accumulate will be considered a violation of this chapter and the local sanitary code.
C. 
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.

§ 118-8 Enforcement.

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.

§ 118-9 Violations and penalties.

A. 
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.
B. 
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.

§ 118-10 Severability.

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.

§ 118-11 When effective.

This chapter shall take effect immediately unless otherwise provided by resolution of the governing body.