CHAPTER 13 SOLID WASTE MANAGEMENT

 

 

Prior ordinance history includes portions of Ordinance Nos. 90-13 and 90-14

 

 

13-1     RECYCLING.

 

13-1.1       Short Title.

       This section shall be known and may be cited as the "Borough of Elmer Recycling Program Ordinance." (Ord. No. 2008-11 § 1)

 

13-1.2       Definitions.

       For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

       Commingled shall mean a combining of nonputrescible source-separated recyclable materials for the purpose of recycling;

       Designated Recyclable Materials shall mean those materials designated within the Salem County Solid Waste Management Plan to be source separated for the purpose of recycling by residential, commercial, institutional and industrial sectors. These materials cannot be deposited in the landfill and include:

Residential:

Glass containers (05) shall mean all glass containers used for packaging food or beverages.

Aluminum cans (06) shall mean food and beverage containers made entirely of aluminum.

Newspaper (03) shall mean all paper marketed as newsprint or newspaper and containing at least seventy (70%) percent newsprint or newspaper (American Paper Institute grades #6, #7 and #8 news).

Mixed Office (02) shall mean all computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue, and notepad).

Corrugated (01) shall mean containers and similar paper items, usually used to transport supplies, equipment, parts, or other merchandise.

Other Paper/Magazines/Junk Mail (04) shall mean all magazine stock, white and colored paper and envelopes.

Plastic (08) shall mean containers such as polyethylene terephthalate (PETE - #1) soda bottles, high-density polyethylene (HDPE - #2) milk, water or detergent bottles.

Yard Trimmings (19) shall mean leaves (19), grass clippings (18), stumps (20), brush (17), and other lawn and garden trimmings from homes, institutions, commercial or industrial sources.

Steel Cans (07) shall mean 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.

Tires (15) shall mean rubber-based scrap automotive, truck, and specialty tires (e.g., forklift tires).

White Goods and Light Iron (11) shall mean 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.

Food Scraps (23) shall mean 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.

Textiles (29) shall mean cloth material such as cotton, linen, wool, nylon, polyester, etc., derived from clothing, cloth diapers, linens, etc.

Commercial:

Glass Containers (05) shall mean all glass containers used for packaging food or beverages.

Aluminum Cans (06) shall mean food and beverage containers made entirely of aluminum.

Newspaper (03) shall mean all paper marketed as newsprint or newspaper and containing at least seventy (70%) percent newsprint or newspaper (American Paper Institute grades #6, #7 and #8 news).

Mixed Office (02) shall mean all computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue, and notepad).

Corrugated (01) shall mean containers and similar paper items, usually used to transport supplies, equipment, parts, or other merchandise

Other Paper/Magazines/Junk Mail (04) shall mean all magazine stock, white and colored paper and envelopes.

Plastic (08) shall mean containers such as polyethylene terephthalate (PETE - #1) soda bottles, high-density polyethylene (HDPE - #2) milk, water or detergent bottles.

Steel Cans (07) shall mean 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.

Tires (15) shall mean rubber-based scrap automotive, truck, and specialty tires (e.g., forklift tires).

White Goods and Light Iron (11) shall mean 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.

Food Scraps (23) shall mean 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.

Textiles (29) shall mean cloth material such as cotton, linen, wool, nylon, polyester, etc., derived from clothing, cloth diapers, linens, etc.

       Each municipality may designate additional recyclable materials to supplement those designated in the County Plan.

       Municipal Recycling Coordinator shall mean the person or persons appointed by the Municipal Governing Body and who shall be authorized to enforce the provisions of this section, and any rules and regulations that may be promulgated hereunder. This appointee shall also be responsible to assure that all materials recycled in the municipality are properly reported and recorded;

       Municipal Recycling Enforcement Officer shall mean person or persons appointed by the Borough Council of the Borough of Elmer who shall be authorized to enforce the section as directed by the Municipal Recycling Coordinator.

       Municipal Solid Waste (MSW) Stream shall mean all solid waste generated at residential, commercial and institutional establishments within the boundaries of the municipality of the Borough of Elmer.

       Recyclable Material shall mean those materials that 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 Separation shall mean the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.

       Source Separated Recyclable Materials shall mean recyclable materials that are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.

(Ord. No. 2008-11 § 2)

 

13-1.3       Applicability of Mandatory Source Separation and Recycling Requirements.

       a.     Mandatory Source Separation. It shall be mandatory for all persons who are owners, lessees, tenants or occupants of residential and nonresidential premises, including but not limited to retail and commercial locations, government, schools and other institutional locations within the municipality of the Borough of Elmer to separate designated recyclable materials from all solid waste.

        1.      Designated recyclable materials shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by the Borough of Elmer.

        2.      When municipal curbside collection is not provided for designated recyclable materials, as is the case for those recyclables generated by commercial and institution entities, it shall be the obligation of the generator to arrange for the private collection and delivery of designated recyclable materials to a recycling facility or to deliver designated recyclable materials to a municipal recycling depot designated by the Borough.

(Ord. No. 2008-11 § 3)

 

13-1.4       Collection of Recyclable Materials.

       The collection of source separated recyclable materials shall be in the manner prescribed as follows:

       a.     It is the responsibility of the property owner to provide adequate size and number of containers for the separate placement of recyclables for curbside collection as follows: Paper products may be commingled in one (1) container or may be placed in brown paper bags, however, plastic bags shall not be used for curbside collection of paper products; glass, food and beverage containers, metal food and beverage containers, and plastic bottles and jugs may be commingled in one (1) container. All containers and brown paper bags containing source separated 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.

       b.     All receptacles or dumpsters shall be maintained in a clean and safe manner.

(Ord. No. 2008-11 § 4)

 

13-1.5       Residential Dwelling Compliance Requirements.

       The owner of each property shall be responsible for compliance with this section. For multifamily units, including but not limited to condominium complexes and seasonal hotel/motels and guesthouses, the management or owner is responsible for setting up and maintaining the recycling system, including collection of source separated recyclable materials. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The owner or management shall issue notification and collection rules regarding recycling requirements to all new tenants when they arrive and with a reminder a minimum of every six (6) months during their occupancy. (Ord. No. 2008-11 § 4.1)

 

13-1.6       Commercial Establishment Compliance Requirements.

       a.     All commercial, business or industrial facilities shall be required to comply with the provisions of this section.

       b.     The arrangement for collection of all categories of designated mandatory recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, except for those specific designated recyclable materials that are collected by the municipality from that property. All commercial, institutional or industrial properties at which litter is generated by employees, or the public shall provide litter and recycling receptacles. These properties shall provide for separate recycling collection services for the contents of the recycling receptacles.

       c.     Every business, institution or industrial facility shall report on a quarterly basis to the Municipal Recycling Coordinator, on such forms as may be prescribed, regarding recycling activities at their premises, including the amount and type of recycled material not placed curbside for municipal collection. If material is removed from the premises by a hauler, recycler or paper shredder, the quantity and final disposition of the material is to be reported on the form.

       d.     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.

(Ord. No. 2008-11 § 4.2)

 

13-1.7       New Developments of Multi-Family Residential Units or Commercial, Institutional or Industrial Properties.

       a.     Any application to the Land Use Board of the municipality of the Borough of Elmer, for subdivision or site plan approval for the construction of multi-family dwellings of three (3) or more units, single family developments of three (3) or more units or any commercial, institutional or industrial development of one thousand (1,000) square feet or more, must include a recycling plan. This plan shall 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; 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, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.

       b.     Prior to issuance of a certificate of occupancy by the Borough of Elmer, the owner of any new multi-family 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 designated recyclable materials for those locations or properties where the municipality does not otherwise provide this service.

(Ord. No. 2008-11 § 4.3)

 

13-1.8       Prohibition of the Collection of Waste Mixed with Recyclable Materials.

       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 owner or occupant to properly segregate the uncollected waste for proper disposal and/or recycling. Allowing such unseparated solid waste and recyclables to accumulate at the curbside beyond 7:00 p.m. on the day of collection will be considered a violation of this section and the local sanitary code.

       c.     Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than any personnel authorized by the municipality or the owner or occupant responsible for placement of the designated recyclable materials for collection, shall tamper with, collect, remove, or otherwise handle designated recyclable materials. Upon placement of such designated recyclable material, it shall become property of the municipality or its authorized agent. It shall be a violation of this section for any person not duly authorized to collect or pick up or cause to be collected or picked up any recyclable materials that are the property of the municipality as provided for above.

(Ord. No. 2008-11 § 5)

 

13-1.9       Construction, Renovation and Demolition Debris Recovery Plan.

       For all activities that require municipal approval such as construction, demolition or public event permits, a Designated Recyclable Materials Plan shall be filed along with all other required permit conditions. The Plan shall include provisions for the recovery of all designated recyclable materials generated during construction, renovation and demolition activities, as well as, public events.

       a.     Compliance with Diversion Requirement. The Municipal Recycling Coordinator shall review the information submitted pursuant to this subsection of the section and determine, prior to the issuance of the municipal approval or permit, whether the plan submitted by the owner of the entity carrying out the covered activity will comply or fail to comply with the recycling requirements set forth herein. The determination regarding compliance will be provided to the Municipal Public Works Director/Supervisor and the owner of the entity carrying out the covered project in writing. When such plan is deemed not compliant, the Municipal Recycling Coordinator shall include specific conditions to be implemented by the permit holder to achieve compliance. It shall be a violation of this section for any owner or permit holder to fail to comply with the recycling requirements set forth herein.

(Ord. No. 2008-11 § 6)

 

13-1.10     Enforcement.

       The Municipal Recycling Enforcement Officer(s) are hereby individually and severally empowered to enforce the provisions of this section. The enforcers of the section may conduct an inspection at the site of the generator, which consists of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any designated recyclable material.

       Additionally, the Salem County Health Department (SCHD) shall be empowered to enforce the provisions of this section. The municipality shall retain primary enforcement responsibility with the SCHD, also serving in an enforcement role, which includes inspection of commercial establishments and multi-family residential.

(Ord. No. 2008-11 § 7)

 

13-1.11     Rules and Regulations.

       The Governing Body is hereby authorized to promulgate, from time to time, additional rules and regulations relating to the source separation, preparation, placement and collection of recyclable materials pursuant to the provisions of this program and section; provided, however, that such rules and regulations shall not be inconsistent with terms and provisions of this section and shall be approved by the Governing Body. Such rules and regulations shall be duly promulgated subsequent to publication so that the public has had notice thereof. (Ord. No. 2008-11 § 9)

 

13-1.12     Penalty.

       Any person or entity violating, or failing to comply with, any of the provisions provided in this section shall, upon conviction thereof, be liable to the penalty state in Chapter 1, Section 1-5. Any violation may be afforded warnings at the discretion of the enforcement designees before the issuance of any fines. (Ord. No. 2008-11 § 10)

 

 

13-2     LEAF DISPOSAL.

 

13-2.1       Separation of Leaves from Solid Waste.

       Persons occupying residential premises within the confines of the Borough shall separate leaves from all other solid waste generated on such residential premises which leaves shall be disposed of in one of the following ways:

       a.     On-site Composting or Mulching. If this method of disposal is chosen then the person or persons occupying residential premises shall compost or mulch in a manner that they determine to be appropriate.

       b.     Curbside Pick Up. If this method of disposal is chosen then the person or persons occupying residential premises shall bag all leaves generated on their premises which bags shall be uncontaminated by nonorganic materials such as: paper, plastic, metal, wood or other such materials. The bags shall be placed at curbside on dates to be determined by the Chairman of the Recycling Committee. There will be one (1) pick up during each of the months of April, November and December with the specific dates to be published once, at least seven (7) days prior to the pick up date, in the Elmer Times.

(Ord. No. 90-11 § 1)

 

13-2.2       Enforcement Officer.

       The Chairman of the Recycling Committee, or his designated representative, is hereby appointed Municipal Enforcement Officer. Each such Municipal Enforcement Officer is hereby empowered to issue warnings to residential property owners and to file disorderly persons complaints against those who shall violate this section. (Ord. No. 90-11 § 2)

 

13-2.3       Penalties.

       A person found to have violated this section shall, upon conviction be liable to the penalty stated in Chapter I, Section 1-5. (Ord. No. 90-11 § 3; New)

 

13-2.4       Disposal of Materials Picked up at Curbside.

       The Recycling Coordinator shall solicit quotes for the collection and disposal of leaves deposited at curbside in accordance with this section, the contract to be awarded in accordance with title 40A of the New Jersey Statutes. The contract for the disposal of leaves picked up at curbside shall require that all such leaves be deposited at a State approved mulching or composting facility. (Ord. No. 90-11 § 4)

 

 

13-3     CONTAINERIZED YARD WASTE.

 

13-3.1       Purpose.

       The purpose of this section is to establish requirements for the proper handling of yard waste in the Borough of Elmer, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. (Ord. No. 2014-12)

 

13-3.2       Definitions.

       For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section 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.

       Containerized shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.

       Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

       Street shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

       Yard waste shall mean leaves and grass clippings.

(Ord. No. 2014-12)

 

13-3.3       Prohibited Conduct.

       The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section. (Ord. No. 2014-12)

 

13-3.4       Enforcement.

       The provisions of this section shall be enforced by the Code Enforcement Officer or the Police Department of the Borough of Elmer. (Ord. No. 2014-12)

 

13-3.5       Violations and Penalties.

       a.     Any person violating this section shall, upon conviction thereof, be punishable by one or more of the following:  by a period of community service not exceeding 90 days; and/or by a fine of not less than $25.00 or more than $2,000.00, at the discretion of the Judge.

       b.     Any person who is convicted of violating the provisions of this section within one year of the date of previous violation of the same section and who was fined for the previous violation shall be sentenced by the Court to an additional fine as a repeat offender.  The additional fine imposed by the Court for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the original violation of this section.  Whenever such person shall have been officially notified or by service of a summons in a prosecution, or in any other official manner, that said person is committing a violation, each day’s continuance of such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty.

(Ord. No. 2014-12)

 

 

CHAPTER 13 SOLID WASTE MANAGEMENT
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