Township of Mannington, NJ
Salem County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mannington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 76.
Removal of weeds and debris — See Ch. 102, Art. I.
[Adopted 10-1-2009 by Ord. No. 09-04[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Recycling, adopted 7-30-1990 by Ord. No. 90-08, as amended.
This article shall be known and may be cited as the "Mannington Township Recycling and Solid Waste Ordinance."
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
BULKY MATERIALS
Large, heavy, or unwieldy solid waste materials which, if listed as designated recyclable materials, cannot be commingled and are not subject to single-stream recycling as defined herein. Bulky materials include, but are not limited to, items such as textiles, furniture, rugs, mattresses, televisions, clothes washers/dryers, and dishwashers.
COMMINGLE
To combine various types of nonputrescible source-separated designated recyclable materials for the purpose of single-stream recycling.
DESIGNATED RECYCLABLE MATERIALS
The following listed residential and nonresidential materials, and any other such materials as may now or in the future be so designated in the Salem County Solid Waste Management Plan:
Designated Recyclable Materials:
Glass containers (05):
All glass containers used for packaging food or beverages. [NOTE: All putrescible materials must be removed from glass container recyclables prior to placement for collection.]
Aluminum cans (06):
Food and beverage containers made entirely of aluminum. [NOTE: All putrescible materials must be removed from aluminum can recyclables prior to placement for collection.]
Newspaper (03):
All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Paper Institute grades #6, #7 and #8 news).
Mixed office (02):
All computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue, and notepad).
Corrugated (01):
Containers and similar paper items, usually used to transport supplies, equipment, parts, or other merchandise. [NOTE: All putrescible materials must be removed from corrugated recyclables prior to placement for collection.]
Other paper/magazines/junk mail (04):
All magazine stock, white and colored paper and envelopes. [NOTE: All putrescible materials must be removed from other paper recyclables prior to placement for collection.]
Plastic (08):
Containers such as polyethylene terephthalate (PETE-#1) soda bottles, high-density polyethylene (HDPE - #2) milk, water or detergent bottles. [NOTE: All putrescible materials must be removed from plastic recyclables prior to placement for collection.]
Yard trimmings (19):
Leaves (19), grass clippings (18), stumps (20), brush (17), and other lawn and garden trimmings from homes, institutions, commercial or industrial sources. [NOTE: Yard trimmings are "putrescible materials" that are not subject to single-stream recycling requirements and not to be commingled with other designated recyclable materials. It is recommended that yard trimmings be mulched on the property from which they originated.
Steel cans (07):
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. [NOTE 1: Steel cans of five gallons or more are "bulky materials" that are not subject to single-stream recycling requirements and are not to be commingled with other designated recyclable materials. NOTE 2: All putrescible materials must be removed from steel can recyclables prior to placement for collection.]
Tires (15):
Rubber-based scrap automotive, truck, and specialty tires (e.g., forklift tires). [NOTE: Tires are "bulky materials" that are not subject to single-stream recycling requirements and not to be commingled with other designated recyclable materials.]
White goods and light iron (11):
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, stainless steel and other nonstructural ferrous scrap. [NOTE: White goods and light iron are "bulky materials" that are not subject to single-stream recycling requirements and not to be commingled with other designated recyclable materials.]
Food scraps (23):
Food plate waste and food processing wastes. Food processing wastes include food processing vegetative waste (material generated in trimming and reject sorting operations from the processing of fruits and vegetables in canneries or similar industries, e.g., tomato skins, pepper cores, bean snips, cranberry hulls, etc.), food processing residuals and animal processing wastes. If the material is transported and processed as animal feed, it may be identified as such. [NOTE: Food scraps are "putrescible materials" that are not subject to single-stream recycling requirements and are not to be commingled with other designated recyclable materials.]
Textiles (29):
Cloth material such as cotton, linen, wool, nylon, polyester, etc., derived from clothing, cloth diapers, linens, etc. [NOTE: Textiles are "bulky materials" that are not subject to single-stream recycling requirements and not to be commingled with other designated recyclable materials.]
MUNICIPAL RECYCLING COORDINATOR
The person appointed by the Township Committee pursuant to this article who shall be authorized to enforce the provisions of this article and any rules and regulations that may be promulgated hereunder.
MUNICIPAL RECYCLING ENFORCEMENT OFFICER
The person appointed by the Township Committee pursuant to this article who shall be authorized to enforce this article as directed by the Municipal Recycling Coordinator.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential or nonresidential properties or units within the boundaries of the Township.
NONRECYCLABLES
All types of solid waste that are not defined in this article as "designated recyclable materials."
NONRESIDENTIAL PROPERTY
A parcel of land within Mannington Township that does not meet the definition of "residential property" as set forth in this article, including but not limited to farms and property used or occupied by commercial, business, medical, or industrial facilities.
NONRESIDENTIAL UNIT
A structure or portion of a structure located on a nonresidential property that is occupied or used for purposes other than as a single-family residential dwelling.
OCCUPANT
The lessees, tenants, or other occupants of a residential or nonresidential property or unit.
PUTRESCIBLE MATERIALS
Any organic material or garbage, including but not limited to food scraps and residue, human and animal waste, and yard trimmings and other vegetation, that is subject to rotting or decomposition by bacteria, fungi or oxidation, or any foul-smelling process of decay which, if listed as designated recyclable materials, cannot be commingled and is not subject to single-stream recycling as defined herein.
RECYCLABLE MATERIALS
Solid waste which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENTIAL PROPERTY
A parcel of land within Mannington Township that is lawfully developed, occupied and used only as the site of a lawfully permitted single- or two-family dwelling.
RESIDENTIAL UNIT
A structure or portion of a structure that is occupied as a single-family residential dwelling or as a dwelling for farm workers, whether located on a residential or nonresidential property.
SINGLE-STREAM RECYCLING
The placement of a variety of types of nonbulky and nonputrescible designated recyclable materials together in a common container or containers for disposal, removal or collection rather than sorting or separating any particular type or types of such designated recyclable materials for collection in separately designated containers.
SOLID WASTE COLLECTOR
A person or entity who is authorized by the Township to collect designated recyclable materials and/or nonrecyclables from properties or units within the Township. In the case of residential properties or units, the solid waste collector is the person(s) or entities that are hired or otherwise appointed by the Township to collect designated recyclable materials and recyclables from such properties or units. All solid waste collectors are subject to the requirements of this article regardless of whether they collect solid waste from residential or nonresidential properties or units.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials that are separated at the point of generation by the generator thereof from nonrecyclables for the purposes of recycling.
SOURCE SEPARATION
The process by which solid waste is sorted by the generator thereof at the point of generation to separate recyclable materials from nonrecyclables for the purpose of recycling.
A. 
The Municipal Recycling Coordinator shall be appointed on an annual basis by resolution of the Township Committee initially adopted within 30 days following the effective date of this article, and thereafter within 30 days following each year's Township Committee reorganization.
B. 
The Municipal Recycling Coordinator shall, within applicable deadlines as required by law, achieve professional certification in compliance with the requirements of N.J.S.A. 13:1E-99, et seq., the provisions of the Salem County Solid Waste Management Plan, and this article.
C. 
The Municipal Recycling Coordinator shall maintain and report recycling tonnage as required by N.J.S.A. 13:1E-99.16e, which report shall contain the same information as is required for an application for a recycling tonnage grant as codified at N.J.A.C. 7:26-15.5. The Municipal Recycling Coordinator shall also be responsible for all duties of that office as set forth in this article or in any other applicable laws or regulations or amendments to same (including any amendments to the above-cited laws and regulations), and shall be primarily responsible for carrying out the objectives and purposes of this article, including the primary responsibility for conducting inspections, investigations and enforcement actions; notification and prosecution of violations; and calculation and imposition of penalties. The Municipal Recycling Coordinator shall also assist the Township Committee as needed with the recycling tonnage recordkeeping and reporting requirements of N.J.A.C. 7:26A-11.2, and the biannual publication, posting and/or other distribution of recycling notices pursuant to N.J.A.C. 7:26A-11.3.
D. 
Within 30 days following receipt of the professional certification referred to in Subsection B above, the Municipal Recycling Coordinator will set forth in writing all of the Municipal Recycling Coordinator's duties so that those duties may be reviewed and ratified by resolution of the Township Committee for compliance with N.J.A.C. 7:26-11.1(a). Following such initial ratification the Municipal Recycling Coordinator may, from time to time, review the duties and present them, along with any recommend amendments, for ratification by the Township Committee.
E. 
A Municipal Recycling Enforcement Officer as defined herein may be appointed on an annual basis by resolution of the Township Committee. Once appointed, the Municipal Recycling Enforcement Officer shall have all duties relating to this article as may be delegated by the Township Committee and the Municipal Recycling Coordinator.
A. 
All owners and occupants of residential and nonresidential properties or units, including but not limited to retail and commercial locations, government, schools and other institutional locations within the Township, must separate designated recyclable materials from nonrecyclables in compliance with this article.
(1) 
Designated recyclable materials generated by owners or occupants of residential properties or residential units shall be placed for single-stream recycling collection by the Township as set forth in this article on such days and at such times as may be designated by the Township.
(2) 
Nonrecyclables generated by owners or occupants of residential properties or residential units shall be placed for collection by the Township as set forth in this article on such days and at such times as may be designated by the Township.
(3) 
Roadside collection is not provided by the Township for designated recyclable materials or nonrecyclables generated by owners or occupants of nonresidential properties and nonresidential units. Accordingly, these owners and occupants must arrange for the private collection and delivery of designated recyclable materials to a Township-approved recycling facility or recycling depot, and must arrange for the private collection and disposal of nonrecyclables in a lawful manner.
B. 
Owners and occupants of nonresidential properties and units may apply to the Township Committee for exemption from the aforesaid source separation requirements, as follows:
(1) 
Such owners or occupants must obtain the services of a materials recovery facility to separate all designated recyclable materials from the solid waste generated at the nonresidential property or unit. Provision of these services must be documented in writing, through contract or correspondence with the materials recovery facility providing the service.
(2) 
The aforesaid documentation shall be submitted to the Municipal Recycling Coordinator with an application made using forms provided by the Municipal Recycling Coordinator. The Municipal Recycling Coordinator shall:
(a) 
Review the applicant's documentation of alternate provision for the recycling of designated recyclable materials that may be found in the solid waste generated at the nonresidential property or unit;
(b) 
Review the written reports submitted by the providers of the alternate service and, where required, the property or unit owner's or occupant's annual written reports of the total number of tons recycled; and
(c) 
Ascertain that the recycling facilities receiving the exempted waste are permitted to perform that recycling.
(3) 
If found to be sufficient to meet the requirements for issuance of an exemption, the Municipal Recycling Coordinator shall issue a written recommendation of the exemption for approval by resolution of the Township Committee.
(4) 
Township approval of an exemption application will result in a letter of exemption from the Township Committee. Once issued, the owner or occupant must maintain the original letter of exemption or a copy on file at the nonresidential property or unit for review upon request by the Municipal Recycling Coordinator or the Municipal Recycling Coordinator's authorized designee.
(5) 
After the exemption has been approved by the Township Committee the exempted owner or occupant must annually provide a report to the Municipal Recycling Coordinator on or before August 1 of each year in which the exemption is in effect, consisting of a written certification by the owner or occupant to the Township on a form provided by the Municipal Recycling Coordinator documenting the total number of tons of designated recyclable materials that were recycled during the one-year period prior to and including June 30 of the year in which the report is submitted. The Municipal Recycling Coordinator shall keep a record of all owners and occupants who have received the exemption, and the destination of the waste or identity of the waste transporters handling the waste, and shall report this list annually to the Salem County Recycling Coordinator.
(6) 
Failure to provide the aforesaid report on or before August 1 of any exemption year will cause the exemption to terminate automatically, whereupon the owner or occupant of the nonresidential property or unit will automatically be subject to the penalties set forth in § 118-14 below for failure to comply with the source separation requirements of this article, in addition to any other violations. Additionally, the Municipal Recycling Coordinator or the Township Committee shall revoke the exemption of an owner or occupant upon the owner's or occupant's failure to meet the conditions of the exemption.
[Amended 8-2-2012 by Ord. No. 12-07]
The collection of nonrecyclables and designated recyclable materials (single-stream and non-single-stream) from residential properties and residential units shall be in the manner prescribed as follows:
A. 
Nonrecyclables for collection by the Township. Nonrecyclables other than those listed in Subsection B, below, will be collected from residential properties and units as specified on an annual schedule to be issued by the Township at the beginning of each year. Nonrecyclables from residential properties and units that are to be collected by the Township must be placed only in designated trash receptacles that have been provided by the Township for use with the Township's automated trash collection system. Placement of nonrecyclables in non-Township-issued receptacles, or in receptacles that have been issued by the Township for recyclables, is prohibited. The Township will not remove, collect or dispose of nonrecyclables that have been placed in non-Township-issued receptacles, or in Township-issued recycling receptacles.
B. 
Nonrecyclables not collected by the Township. The following types of nonrecyclables and other materials must be delivered to the Salem County Landfill or other licensed solid waste facility by or at the direction and expense of the residential property or unit owner or occupant. Placement of such materials for collection by the Township is prohibited.
(1) 
Nonrecyclables generated outside of Mannington Township.
(2) 
Any material not accepted by the Salem County Landfill without special arrangements, special packaging, special handling, and/or special fees.
(3) 
Any trash, debris, or other materials resulting from construction, renovation, maintenance, repair or demolition of buildings or other structures.
(4) 
Motor vehicles (including but not limited to cars, trucks, motorcycles, ATVs, and tractors) and all types of machinery, whether or not motorized or motor propelled.
(5) 
Toxic and hazardous wastes.
(6) 
Animal carcasses.
(7) 
Non-household chemical products.
(8) 
Petroleum products.
C. 
Single-stream recyclables. Designated recyclable materials as defined in this article (but excluding the materials specified in Subsection D, below) must be processed as single-stream recycling as defined in this article and shall be collected from residential properties and units as specified on an annual schedule to be issued by the Township at the beginning of each year. The owners and occupants of all residential properties and units in the Township must participate in single-stream recycling. Combined single-stream recyclable materials must be placed only in designated recycling receptacles that have been provided by the Township for use with the Township's automated single-stream recyclables collection system. Placement of recyclable materials in non-Township-issued receptacles, or in Township-issued receptacles that are designated for nonrecyclables, is prohibited. The Township will not remove, collect or dispose of recyclables that have been placed in non-Township-issued receptacles, or in receptacles that have been issued by the Township for collection of nonrecyclables.
D. 
Non-single-stream recyclables. Unless special collection dates, times and procedures for the collection of the following listed types of designated recyclable materials are established and announced in advance by the Municipal Recycling Coordinator, such materials must be recycled by delivery, arranged and paid for by the residential property or unit owner or occupant, to a Township-approved recycling facility or recycling depot. Placement of such materials for collection by the Township pursuant to Subsection A or C, above, or in any other manner, is prohibited. The following materials are subject to this Subsection D:
(1) 
Bulky materials as defined in this article, including but not limited to tires, steel cans of five gallons or more, white goods, and light iron.
(2) 
Putrescible materials as defined in this article, including but not limited to yard trimmings and food scraps.
(3) 
Containers meeting the definition of designated recyclable materials that contain or have contained herbicides, pesticides, or fertilizers, unless such containers have been emptied and triple-rinsed.
[Amended 5-3-2012 by Ord. No. 12-04; 8-2-2012 by Ord. No. 12-07]
The use of Township-issued receptacles for collection of nonrecyclables and single-stream recyclables from residential properties and residential units shall be subject to the following conditions and requirements:
A. 
All receptacles that are provided to residential properties and residential units by the Township for collection of nonrecyclables and single-stream recyclables pursuant to this article shall continue to be owned by the Township of Mannington at all times, and must be returned to the Township by the property or unit owner or occupant whenever requested by any duly authorized Township official or employee. The property or unit owner or occupant must keep all such receptacles clean and in proper condition for safe and efficient handling. No person other than Township-approved personnel may repair or modify Township-issued receptacles. No property or unit owner, occupant, or other person may mark, deface, or damage such receptacles. The owner or occupant of the property or unit to which a Township-issued receptacle has been issued must take all reasonable measures to protect and preserve such receptacle from loss or damage, and must promptly report any loss or damage to the Township Clerk. Any recyclable or nonrecyclable material which is placed in a Township-issued receptacle that, in the sole discretion of any duly authorized Township official or employee, is deemed to be damaged or improperly maintained to such an extent that it cannot be handled safely or efficiently will not be collected. Any duly authorized Township official or employee may retrieve any Township-issued receptacle that has been placed for collection pursuant to this article if, in the sole discretion of such official or employee, the receptacle is damaged or improperly maintained to such an extent that it cannot be handled safely or efficiently.
B. 
The Township may, upon request, provide one additional receptacle for recyclables and/or one additional receptacle for nonrecyclables for use at a residential property or residential unit upon payment of a nonrefundable usage fee of $75 per additional receptacle. Additional receptacles are subject to all requirements of this § 118-6, shall continue to be owned by the Township of Mannington at all times, and must be returned to the Township by the property or unit owner or occupant whenever requested by any duly authorized Township official or employee. No more than two Township-issued receptacles for nonrecyclables, and no more than two Township-issued receptacles for recyclables, may be obtained or utilized at any residential property or residential unit. The Township will not collect nonrecyclables from more than two receptacles, or recyclables from more than two receptacles, at any residential property or residential unit.
C. 
All repair and replacement of Township-issued receptacles shall be accomplished by Township-approved personnel in such manner as may be deemed satisfactory in the sole discretion of any duly authorized Township official or employee. All costs for repair of damage that, in the sole discretion of any duly authorized Township official or employee, has resulted from normal wear and tear will be incurred by the Township without reimbursement by the property or unit owner or occupant. All other repair and replacement costs shall be repaid to the Township in full by the person who is the owner or occupant of the property or unit at the time when the repaired receptacle is ready to be returned, or the replacement receptacle is ready to be provided by the Township, and such payment will be required in full prior to the Township's release of the repaired or replacement receptacle to such owner or occupant. Repair costs shall include only the Township's actual out-of-pocket costs for labor and materials used in accomplishing the repair, but shall not include any cost for labor furnished by Township officials or employees. Replacement cost shall be $75 per receptacle. Any purposeful damage or defacement of a Township-issued receptacle may also constitute destruction or vandalism of Township property and may be prosecuted accordingly in criminal and/or civil actions at the Township's election, provided that any such election or nonelection to prosecute shall be independent of the current property or unit owner's or occupant's ongoing obligation to pay the receptacle repair costs referenced above pending the Township's possible recovery of such costs as a result of such prosecution.
D. 
Unless returned to a duly authorized Township official or employee, each Township-issued receptacle must at all times remain at the property or unit to which it has been issued. Any removal of a Township-issued receptacle from the property or unit to which it has been issued shall constitute theft or conversion of Township property and may be prosecuted accordingly in criminal and/or civil actions at the Township's election, provided that any such election or nonelection to prosecute shall be independent of the current property or unit owner's or occupant's ongoing obligation to pay the receptacle replacement cost pending the possible return of a missing receptacle as a result of such prosecution. To help avoid the consequences of the repair and replacement provisions of this article, property and unit owners and occupants may, but are not required to, return Township-issued receptacles to the Municipal Recycling Coordinator prior to transferring property or unit ownership or occupancy to any new owner or occupant, so that the receptacle can thereafter be reissued by the Township to the property or unit at the request of the new owner or occupant.
E. 
Location and time of placement of receptacles for collection; removal of receptacles after collection.
(1) 
Township-issued receptacles containing materials for collection must be placed for collection:
(a) 
In an open area that is not beneath tree branches or any object or structure that could impede or obstruct the movements of the Township's automated collection systems;
(b) 
At least one foot beyond the edge of roadway pavement adjacent to the residential property or unit on the side of the roadway as may be designated by the Township; and
(c) 
At least six feet from all other objects and structures, including mailboxes, paper boxes, utility poles, and other Township-issued receptacles.
(2) 
Receptacles must be placed for collection between 6:00 p.m. of the day immediately preceding the day of collection and 6:00 a.m. of the day of collection. After collection the empty receptacles must be removed and stored out of sight from the roadway no later than 7:00 p.m. of the day of collection.
Unless exempted pursuant to § 118-4 above, the collection of source-separated designated recyclable materials and nonrecyclables from nonresidential properties and nonresidential units shall be in the manner prescribed as follows:
A. 
The arrangement for collection and disposal of all categories of designated recyclable materials and all nonrecyclables from nonresidential properties and nonresidential units shall be the responsibility of the owner of such properties or units, or such owner's designee. The owners or occupants of all nonresidential properties and nonresidential units at which any type of solid waste is generated by customers, visitors, or other members of the public shall provide conveniently accessible separate receptacles for designated recyclable materials and nonrecyclables, and shall accomplish proper source separation, collection, delivery and disposal of the contents of such receptacles in accordance with this article.
B. 
The owner of each nonresidential property or nonresidential unit, or such owner's designee, shall report on an annual basis to the Municipal Recycling Coordinator, on such forms as may be prescribed by the Municipal Recycling Coordinator, regarding recycling activities at each nonresidential property or nonresidential unit, including the names of each hauler, recycler and/or paper shredder, and the types, quantities and final destinations and dispositions of the recycled materials collected and disposed of pursuant to Subsection A, above.
A. 
Owners and occupants of residential or nonresidential properties or units are prohibited from placing yard trimmings for Township collection as a designated recyclable material or as a nonrecyclable, or from mixing yard trimmings for collection with other designated recyclable materials or nonrecyclables.
B. 
Owners and occupants of residential or nonresidential properties or units must mulch or compost all yard trimmings that are generated at the properties or units they own or occupy or, in the alternative, arrange for removal of such yard trimmings to a facility were same will be mulched, composted, or otherwise recycled in a lawful manner.
C. 
Solid waste collectors are prohibited from collecting designated recyclable materials or nonrecyclables into which yard trimmings have been mixed.
A. 
It is unlawful for solid waste collectors, or the owners or occupants of residential or nonresidential units or properties, to collect or dispose of solid waste that is comprised of nonrecyclables mixed with, or containing visible or other signs of the presence of, designated recyclable materials. It is also unlawful for solid waste collectors, or the owners or occupants of residential or nonresidential units or properties, to remove for disposal as nonrecyclables any bags or other containers of solid waste which visibly display a warning notice sticker or other device indicating that the solid waste contains designated recyclable materials.
B. 
In the event a solid waste collector fails to collect some or all of the solid waste that has been placed for collection at any property or unit, it is the responsibility of the owner or occupant to collect and properly source separate any uncollected solid waste for later disposal and/or recycling. Allowing such uncollected solid waste to accumulate at the curbside beyond 7:00 p.m. on the day of collection will be considered a violation of this article in addition to other applicable health or sanitation laws and regulations.
C. 
Once placed for collection pursuant to this article, or any rules or regulations promulgated pursuant hereto, no person other than a solid waste collector as defined herein, or the owner or occupant of the property or unit at which the solid waste has been generated, may tamper with, collect, remove, or otherwise handle such solid waste.
D. 
Designated recyclable materials that are placed for collection by the owner or occupant of a residential property or residential unit shall, upon such placement, become property of the Township or its authorized solid waste collector. It shall be a violation of this article for any person or entity other than a Township-authorized solid waste collector to collect or pick up, or cause to be collected or picked up, any designated recyclable materials that are the property of the Township as provided above, or any nonrecyclables, that have been placed for collection.
A. 
For all activities that require advance Township approval such as, but not limited to, construction, renovation and demolition work, or the staging of a public or private event for which a permit is required, a designated recyclable materials plan shall be filed along with the other materials and submissions that are required for such approval or permit. The plan shall include provisions for the recovery of all designated recyclable materials generated during the permitted activity, and overall compliance with this article.
B. 
The Municipal Recycling Coordinator shall review the designated recyclable materials plan and any information submitted therewith and determine, prior to the issuance of the requested approval or permit, whether the plan confirms that the property or unit owner/occupant and the permit or approval applicant will comply with all recycling requirements set forth herein, and how such compliance will be guaranteed. The Municipal Recycling Coordinator determination regarding compliance will be provided in writing to the Municipal Public Works Director/Supervisor, and copied simultaneously to the permit or approval applicant, and the owner and occupant of the property or unit. When such plan is determined to be noncompliant, the Municipal Recycling Coordinator must include a statement of specific conditions and any other materials or information that must be incorporated into a revised plan before the requested permit or approval can be granted. Once the plan is approved by the Municipal Recycling Coordinator, and the requested permit or approval granted, it shall be a violation of this article for the owner, occupant, or permit holder to fail to comply with the approved plan.
The owner and occupant of each property or unit shall be responsible for compliance with this article. Violations and penalty notices will be directed to the owner and the occupant. The aforesaid notwithstanding, in all instances where an occupant refuses to comply, or the occupant or other violator is not easily identifiable, the owner will be responsible for attaining compliance at the property or unit and will be subject to all penalties for the violations. For multifamily units on a property owned or commonly owned by a single person, group or entity, including but not limited to seasonal hotel/motels and guesthouses, and for farm labor residences, the person, group or entity is responsible for setting up and maintaining the recycling system, including collection of source-separated recyclable materials. For multifamily units that are governed by a condominium association, the association is responsible for setting up and maintaining the recycling system, including collection of source-separated recyclable materials. For multifamily units that are governed by a homeowners' association, the association is responsible for setting up and maintaining the recycling system, including collection of source-separated recyclable materials, only if so directed by the Planning Board as a condition of subdivision or site plan approval. The owner or association shall, as part of such recycling system setup and maintenance, issue written notification and collection rules to all new occupants upon commencement of occupancy to ensure conformance with the requirements of this article, and shall issue written reminders thereafter at a minimum of every six months for the duration of the occupancy.
The Municipal Recycling Coordinator is hereby authorized to promulgate, from time to time, additional rules and regulations to promote the purposes of this article; provided, however, that such rules and regulations shall not be inconsistent with terms and provisions of this article and shall be approved by resolution of the Township Committee before taking effect.
A. 
The Municipal Recycling Coordinator and Municipal Recycling Enforcement Officer may conduct inspections at the properties or units where solid waste is generated, which inspections may include opening and sorting through bags or other containers of solid waste to investigate possible violations of this article.
B. 
The Salem County Health Department (SCHD) is also hereby authorized to enforce the provisions of this article, provided that the Township shall retain primary enforcement responsibility.
Violations for this article shall be punishable as provided in § 1-15 of this Code.