Township of Byram, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Byram as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 96.
Junk and junk dealers — See Ch. 156.
Littering — See Ch. 167.
Solid waste disposal — See Ch. 274.
[Adopted 3-6-1989 by Ord. No. 2-1989; amended in its entirety 5-18-2009 by Ord. No. 9-2009]
As used in this article, 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.
DROP-OFF POINT
The Township Recycling Center and/or any other Township designated disposal site.
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 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 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this article, 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 municipality of Byram.
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.
RECYCLING AREA
Space allocated for collection and storage of recyclable materials.
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. As defined by the Sussex County Solid Waste Management Plan, these materials include:
A. 
Aluminum cans: food and beverage containers made entirely of aluminum.
B. 
Antifreeze: an automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
C. 
Computer printout/white ledger: all computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and note pad).
D. 
Concrete, asphalt and masonry/paving material: asphalt, concrete, brick, cinder block, patio blocks, and other masonry and paving materials.
E. 
Consumer batteries: 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).
F. 
Corrugated: containers, brown grocery bags, and similar paper items, usually used to transport supplies, equipment, parts or other merchandise.
G. 
Glass containers: all glass containers used for packaging food or beverages.
H. 
Heavy iron: all structural steel or ferrous metal, cast-iron components.
I. 
Lead-acid batteries: batteries from automobiles, trucks, other vehicles and machinery and equipment, which shall be stored in a manner that protects them from the elements to avoid corrosion and leakage.
J. 
Leaves and brush leaves: brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources.
K. 
Magazine and junk yard mail magazine stock: white and colored paper and envelopes, telephone directories and books.
L. 
Mercury-containing devices: including fluorescent and compact tubes, high-intensity-discharge (HID) and neon lamps, electrical switches, thermostats, thermometers and any batteries containing mercury.
M. 
Mixed office paper: items listed in computer printout/white ledger category when mixed with envelopes, manila binders and color paper; material is generated by commercial/institutional sources.
N. 
Newspaper: 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).
O. 
Plastic containers: containers such as polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) milk, and water or detergent bottles.
P. 
Scrap autos: crushed or shredded automobile or truck bodies, excluding auto shredder residue or "fluff."
Q. 
Steel cans: 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.
R. 
Stumps, logs and tree parts: unfinished wood from land clearing projects, storm damage or pruning activities.
S. 
Textiles: textiles larger than 15 inches by 15 inches (e.g., clean clothing, drapes, curtains, sheets, towels, cloth, belts, shoes, handbags, and small stuffed animals).
T. 
Tires: rubber-based scrip automotive and truck tires.
U. 
Used computer electronics: any appliance used in a business that includes circuitry; includes components and subassemblies of the electrode products. Examples include computers and peripherals, printers, copiers, VCRs, televisions, cell phones and fax machines, etc.
V. 
Used motor oil: a petroleum base 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.
W. 
White goods and light iron: 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.
X. 
Wood scrap: unfinished lumber from construction or demolition projects, including pallets. "Unfinished" shall mean non-chemically treated (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).
Y. 
Nonferrous and aluminum scrap: all noncontainer aluminum, stainless steel, copper, zinc, brass, and other metals which generally do not rust.
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 Byram, to separate designated recyclable materials from all solid waste.
B. 
Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such residential 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 the Township of Byram.
The collection of recyclable material shall be in the manner prescribed as follows:
A. 
All containers (§ 142-1, definition of "source separation," Subsections A, G, O and Q) and string-tied bundles (§ 142-1, definition of "source separation," Subsections C, F, K, M and N) containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk or, in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above any time after 5:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.
B. 
All receptacles or dumpsters shall be maintained in accordance with the Health Code of the Township of Byram.
C. 
All containers and string-tied bundles as defined in Subsection A can be taken to the Township drop-off point established by regulations promulgated by the Township of Byram.
D. 
Any other designated recycling as defined in § 141-1 as permitted and available as established by regulations promulgated by the Township of Byram.
A. 
Residential dwelling compliance requirements. The owner of any property shall be responsible for compliance with this article. 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.
B. 
Nonresidential establishment compliance requirements.
(1) 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
(2) 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or its designee. All commercial, institutional or industrial properties which provide outdoor 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.
(3) 
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at its premises, including the amount of recycled material, by material type collected and recycled and the vendor or vendors providing recycling service.
(4) 
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.
A. 
Any application to the Planning Board of the Township of Byram for subdivision or site plan approval for the construction of multifamily dwellings, single-family developments of 50 or more units or any commercial, institutional, or industrial development 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.
(2) 
Locations documented on the application's site plan provide an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the District Recycling Coordinator and shall be consistent with the District Recycling Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the Municipal Master Plan adopted pursuant to Section 26 of P.L. 1987, c. 102 (N.J.S.A. 40:55D-28).
B. 
The recycling area shall be conveniently located for the residential disposition of recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
C. 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
D. 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
E. 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
F. 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
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 article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
It shall be a violation of this article for any person unauthorized by the Township to collect or pick up or cause to be collected or picked up any newspapers, glass, aluminum cans, bimetal cans, high-grade paper, corrugated paper and plastic (PET or HDPE) bottles. Each such collection and violation thereof shall constitute a separate and distinct offense punishable as hereinafter provided.
There is hereby established a program for the required source separation of leaves from solid waste generated at all residential premises within the Township of Byram.
A. 
Leaves shall be separated from other solid waste and recycled:
(1) 
By composting on the property of the owner, occupant or lessee in a manner that does not present a health or safety hazard;
(2) 
By depositing same at the designated Township recycling center; and/or
(3) 
By placing said leaves in biodegradable bags at curbside for pickup, collection and recycling by the Township or its authorized agent, provided that such a program is available, and in accordance with all applicable regulations.
B. 
All residents will be notified through publication in the Township's official newspaper of the collection schedule one month in advance of implementation.
C. 
Bags of leaves are to be placed at the curb or along the street no more than seven days prior to the scheduled collection date.
D. 
Bags of leaves may not be placed closer than 10 feet to any storm sewer inlet.
The Code Enforcement Official, the Recycling Coordinator, the Property Maintenance Official, the Zoning Officer, the Sussex County Department of Health and any Township official designated by the Township Manager are hereby individually and severally empowered to enforce the provisions of this article. 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.
A. 
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this article 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 article occurs shall be considered a separate offense.
B. 
Fines levied and collected pursuant to the provisions of this article 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.[1]
[1]
Editor's Note: Former Art. II, Collection of Leaves, adopted 4-18-1988 by Ord. No. 2-1988, as amended, which immediately followed this article, was repealed 5-18-2009 by Ord. No. 9-2009. See now §§ 142-8 and 142-9 above.
[Adopted 8-16-2010 by Ord. No. 10-2010]
The purpose of this article is to require that all dumpsters and other refuse containers that are outdoors or exposed to stormwater 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 Township of Byram 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.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article 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.
MUNICIPAL SEPARATE STORM SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Byram or other public body and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased or operated, including dumpsters, trash cans, garbage pails and plastic trash bags.
STORMWATER
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.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
A. 
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.
B. 
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 Byram Township.
Exceptions are as follows:
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).
The Township Manager, through the Township Zoning Officer, shall enforce the provisions of this article. It shall be unlawful for any reason to violate any part of this article adopted by the Byram Township Council.
Any person(s) who is found to be in violation of the provisions of this article shall be first notified of the violation, and if the violation is not remediated within 30 days, that person(s) shall be liable to a penalty not to exceed $500 for each day on which the violation exists beyond the thirty-day limit.
It is the intention of the Township Council that every provision of this article shall be considered separable, and the invalidity of any article, clause or provision of this article shall not affect the validity of any other portion of this article or this chapter.