[HISTORY: Adopted by the Township Committee of the Township of Hampton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 70.
Garbage, rubbish and refuse — See Ch. 116.
[Adopted 4-26-2011 by Ord. No. 2011-05[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 44, Recycling, adopted 2-9-1988, and was originally adopted as Ch. 39 but was redesignated for organizational purposes.
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. These materials include (but are not limited to) grass containers, plastic containers (PET1-2), tin cans, aluminum cans and containers, newsprint, junk mail and magazines and cardboard. Recycling available only at the SCMUA Convenience Center includes construction debris, motor oil and vegetative waste.
ELECTRONIC WASTE
The separation of E-waste is provided by the SCMUA during designated times during the calendar year. No materials such as computer CPU, keyboards, modems, printers, scanners, fax machines, televisions, flat screens, cathode ray tube devices or other devices containing one or more circuit boards is to be disposed of in the regular household trash or bulky waste collection. Where possible, the homeowner or business owner is to determine the disposal of these types of devices at the point of new purchase when purchasing a new unit.
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 § 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 SOIL WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township of Hampton.
RECYCLABLE MATERIALS
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 at the point of generation by the generator thereof from solid waste for the purpose of recycling.
SOURCE-SEPARATION
The process by which recyclable materials are separated at the point of generation by the generator thereof from the solid waste for the purpose of recycling.
A. 
Mandatory source-separation. It shall be mandatory for all persons who are owners, tenants or occupants of residential or 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 Hampton, 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 the Township of Hampton.
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 the municipal boundaries from the source-separation regulations of the ordinances which require persons generating municipal solid waste with its boundaries to source-separate from the municipal solid waste stream specific specified recyclable materials if those persons have otherwise provided for the recycling of all other designated recyclable materials. To be eligible for an exemption pursuant to this article, 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 exemption approval. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity, the address, lot and block designation, the name and the official title and phone number of the person(s) making the application on behalf of the commercial or institutional entity, the name and address of the official contact person and phone number of the facility which provides the services of recycling those exempted designated recyclable materials and a certification that the exempted designated recyclable materials will be recycled and that on an annual basis, said recycling service provider or commercial or institutional generator shall provide written documentation to the municipal recycling coordinator of the total number of tons collected and recycled for each of the designated exempted materials.
The collection of recyclable materials shall be in the manner prescribed as follows:
A. 
All containers, whether garbage cans, containers, buckets or baskets, containing recyclable materials shall be placed prior to collection as near to the edge of the road so as not to constitute a danger to motorists, and where said 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 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, all containers shall be removed from the roadside 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 Hampton.
The owner of every 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 Township. Violations 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 of multifamily units shall issue written notification and collection rules to new tenants or owner upon change of occupancy.
A. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
B. 
The arrangement for collection of designated recyclables hereunder shall be the responsibly 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 outdoor waste receptacles and disposal services for solid wastes shall also provide receptacle(s) for designated recyclable materials and shall provide for recycling service for their contents.
C. 
Every business, institution or industrial facility shall report on an annual basis to the recycling coordinator, on such forms as may be prescribed by the Township on recycling activities at their premises, including amounts of recycling materials disposed of including the type of materials collected and recycled and the name, address and phone number of the vendor or vendors providing recycling service.
D. 
All food service establishments, as defined in the Health Codes, shall in addition to compliance with all other recycling requirements be required to recycle grease and cooking oils created in the processing of foods or food products and maintain such recycling records as may be prescribed for inspection by the code enforcement officer, health inspector and or the municipal recycling coordinator.
A. 
Any application to the Planning Board of the Township for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family development of 50 or more units or any commercial, institutional or industrial development for the utilization of 100 square feet or more of land must include a recycling plan. The site plan must contain, at a minimum, the following:
[Amended 10-26-2021 by Ord. No. 2021-12]
(1) 
A detailed analysis of the expected composition and amounts of solid waste and recyclables which will be generated at the proposed development.
(2) 
Recycling locations 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 and approved by the recycling coordinator.
(3) 
All areas to be provided for the indoor or enclosed outdoor storage and pickup of solid waste shall be shown and approved by the municipal engineer.
B. 
Prior to the issuance of a certificate of occupancy by the municipality of the Township of Hampton, 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.
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 and to collect solid waste which visibly displays 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 such unseparated solid waste and recyclable to accumulate will be considered a violation of this article and the local sanitary code.
B. 
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.
The code enforcement officer, the municipal health office, the construction official, the property maintenance supervisor and/or the municipal recycling coordinator are hereby individually and severally empowered to enforce the provisions of this article.
A. 
Any person, corporation, occupant or entity that violates or fails to comply with any provisions of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of not less than $100, or more than $250 for the first offense, by a fine of not less than $250 or more than $500 for the second offense, by a fine of not less then $500 or more than $1,000 for the third or more offenses. The respective enforcing authority as set forth in § 44-8 may in his or her discretion post warning stickers for the first offense. 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 a Municipal Recycling Trust Fund. Monies in this Trust Fund shall be used for the expenses of the municipal recycling program.
[Adopted 4-26-2011 by Ord. No. 2011-06[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 40 but was redesignated for organizational purposes.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
The property owner or the person or entity carrying out the covered project.
COVERED PROJECT
A construction, renovation, or demolition project for which a building permit or a demolition permit is required and for which a dumpster or roll-off container shall be placed on the premises for the purpose of placement of solid waste materials.
A debris recovery plan shall be filed with the Construction Official prior to the commencement of any covered project as defined herein for which municipal approval is further identified above. The debris recovery plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed and the name of each facility or service provider that will be use to manage the disposal of each type of material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.
A. 
Approval. A debris recovery plan shall be reviewed by the municipal recycling coordinator and approved provided that it provides all of the information required by this article. An approved debris recovery plan shall be marked approved and returned to the applicant.
B. 
Denial. A debris recovery plan shall not be approved if it does not provide all of the information required by this article. If a debris recovery plan is not approved, the applicant shall be notified in writing that the plan has been rejected including the reasons for the rejection. In order to obtain a building or demolition permit, the applicant shall make the required changes and resubmit the recovery plan to the recycling coordinator for further review.
A. 
Application. If the applicant of a covered project experiences circumstances that make it infeasible to comply with the diversion requirements required by this article, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is not feasible to divert 50% of the materials being generated by the project and specify what percentage of diversion can be achieved. Increased costs in order to comply with the requirements of this article will not be an acceptable justification for an adjustment.
B. 
Review. The municipal recycling coordinator shall review the information supplied by the applicant. If warranted, the municipal recycling coordinator shall attempt to contact the applicant to discuss possible ways of meeting the diversion requirements.
C. 
Granting of an adjustment. If the recycling coordinator determines that it is not feasible to divert 50% of the construction and demolition debris from the project, the percentage of diversion required shall be adjusted. The applicant shall be notified in writing of the adjusted diversion requirements. The applicant shall be required to divert the percentage of debris required by the adjustment granted.
D. 
Denial of an adjustment. If the recycling coordinator determines that it is feasible for applicant to meet the diversion requirement required by this article, the applicant shall be notified in writing of the denial of the diversion requirement adjustment.
Documentation. Upon completion of the project but before the final inspection, the owner or the entity carrying out the project shall submit, in person or by certified mail to the municipal recycling coordinator, the documentation required to demonstrate that the applicant has met the diversion requirements. The required documentation shall include the following:
A. 
A completed debris recovery report, signed by the owner of the entity carrying out the work, indicating the quantity of each material generated during the project diverted or disposed;
B. 
Receipts from all facilities or service providers utilized to divert and dispose of the materials generated during the construction or demolition project; and
C. 
Any additional information that the owner or the entity carrying out the project believes is relevant to determining compliance with the diversion requirements.
The municipal recycling coordinator shall review the information submitted pursuant to this article and determine whether the applicant has complied or failed to comply with the diversion requirements. The determination regarding compliance will be provided to the applicant in writing.
An applicant may appeal a determination of failure to comply under this article to the Municipal Construction Department within 30 days of receipt of the determination. The appeal shall be in writing and shall state the facts and basis for the appeal. A decision by the Construction Official shall be final.
The code enforcement official, the municipal health official, the construction official and/or the municipal recycling coordinator are hereby individually and severally empowered to enforce the provisions of this article.
A. 
Any person, corporation, occupant or entity that violates or fails to comply with any provisions of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of not less than $100, or more than $250 for the first offense, by a fine of not less than $250 or more than $500 for the second offense, by a fine of not less than $500 or more than $1,000 for the third or more offenses. The respective enforcing authority as set forth in § 44-17 may in his or her discretion post warning stickers for the first offense. 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 a Municipal Recycling Trust Fund. Monies in the Trust Fund shall be used for the expenses of the municipal recycling program.