AN
ORDINANCE TO REVISE CHAPTER 151 OF THE CODE OF THE BOROUGH OF
Be
it ordained by the Governing Body of the Borough of
151-1.
Definitions
The following words and phrases shall
have the meanings respectively ascribed to them by
this section:
ALUMINUM
CANS – means food and beverage containers made entirely out of aluminum.
AUTHORITY
– means the Middlesex County Improvement Authority, a public body corporate and
politic of the State of New Jersey, organized by the County pursuant to the County
Improvement Authorities
Law (N.J.S.A. 40:37A – 44 et seq.
AUTHORITY-COLLECTED
RECYCLABLES – means the following Designated Recyclables generated
within the geographic boundaries of the Municipality: Newspaper, Glass Containers,
Aluminum Cans,
Corrugated Cardboard from residential and commercial sources, Steel Cans, Plastic
Containers,
Mixed Paper and Textiles.
BOARD –
means the Board of Chosen Freeholders of the
BRUSH –
means branches, woody plants, and other like vegetative materials that do not exceed
four (4) inches in diameter, and Christmas trees. “Brush”
does not include leaves or grass clippings.
BULKY WASTE
– means I.D. Type 13 Waste as defined by N.J.A.C. 7:26 – 2.13(g)1.iii.
COMMINGLED
CONTAINERS – means the 20-gallon plastic containers to be used by the Residents
to place Plastic containers, Glass Containers
Aluminum Cans and Steel Cans at the curb for collection by
the Contractor, or such other container
designated by the Authority for such use.
CONSTRUCTION
N.J.A.C. 7:26-2.13(g)1.iv.
CONTRACTOR
– means the contractor selected by the Authority to provide the Recycling Services
pursuant to the Recycling Contract.
CORRUGATED
CARDBOARD – means uncontaminated corrugated cartons and other boxes made
of corrugated cardboard.
COUNTY
– means the
Board pursuant to the Solid Waste Management Act, which provides for the collection,
disposal and/or
recycling of solid waste generated within the geographic boundaries of the County, as the
same may be
amended from time to time.
COUNTY-
Recyclables established by the County and the Authority for all participating
municipalities in the County.
DESIGNATED
RECYCLABLES – means all recyclable materials that are designated by the County and
the County Plan as materials that must be source-separated from Municipal Solid Waste
(Type 10), Construction
and Demolition Waste (Type 13C) and Vegetative Waste (Type 23) at the point of generation, as specified in
Section 151-5 below. The County may add or delete certain recyclable materials to be
Designated Recyclables
from time to time pursuant to a duly adopted amendment to the
Department of Environmental Protection.
ELECTRONICS
– means televisions, CPU’s, monitors, laptops and mercury-containing devices.
GLASS
CONTAINERS – means glass containers used for packaging food or beverages.
GRASS
CLIPPINGS – means green, freshly clipped mowings from residential lawns and yards. Twigs,
brush and leaves are excluded.
LEAVES
– means only leaves from trees, shrubs, bushes or plants, and excludes any other type
of vegetative
waste.
MASONRY/PAVING
MATERIAL – means asphalt, block, brick, cinder and concrete.
MIXED PAPER
– means glossy inserts, magazines, telephone books, junk mail, colored paper,
computer
paper, office paper, paperboard (chipboard and pressboard), non-metallic wrapping paper,
soft-cover books,
hard-cover books with cover removed, and fine paper.
MIXED PAPER
CONTAINER – means a covered 14-gallon container in which Residents place Mixed Paper
at the curb for collection by the Contractor, or such other container designated by the
Authority for such purpose.
MOTOR
New Jersey Department of Environmental Protection as X721.
MUNICIPAL
SOLID WASTE – means I.D. Type 10 Waste as defined by N.J.A.C. 7:27-2.13(g)(1)(i).
NEWSPAPER
– means paper of the type commonly referred to as “newsprint” and
distributed at stated
intervals, usually daily or weekly, having printed thereon news and opinion, containing
advertisements and
other matters of public interest. Expressly
excluded are all magazines or such periodicals as well as other
paper products of any nature whatsoever.
OFFICE PAPER
– means white bond paper, white stationery, white copier paper, white note pad paper,
white index cards, white paper forms and tabulating cards.
PLASTIC
CONTAINERS – means soda bottles made of PETE (
product bottles made of HDPE (
PLASTIC FILM
– means stretch wrap, shrink wrap and plastic shopping bags.
RECHARGEABLE
BATTERIES – means Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH),
Lithium Ion (Li-ion) and Small Sealed Lead (Pb) batteries.
RECYCLING
– means any process by which materials that would otherwise become municipal solid
waste
and that may be collected, separated and processed are returned to the economic mainstream
in the form of raw materials or products.
RECYCLING
COORDINATOR – means the individual designated by the Mayor and Council of the Borough
of South Plainfield to oversee and supervise recycling efforts in the Borough and to
implement the
Responsibilities shall include, but not be limited to: (1) the development of a program to
enforce the Recycling
Ordinance; (2) responding to citizen inquiries concerning the Program; (3) attendance at
scheduled meetings
with the Authority; (4) preparation and distribution of literature describing the Program;
and (5) development
of a public education/awareness campaign describing the program.
RECYCLING
processing and transferring source-separated nonputrescible recyclable materials, such as
metal, glass, paper,
plastic containers and corrugated and other cardboard, or other recyclable materials.
RECYCLING
SERVICES – means all of the duties, obligations and services to be provided by the
Contractor
that are related to the collection, transportation, separation, processing, storage, sale
or disposition, or any
combination thereof, of the Authority-Collected Recyclables and the return of same to the
economic mainstream
in the form of raw materials or products.
RESIDENTS
– means persons dwelling within the Borough of South Plainfield that are required to
recycle
Designated Recyclables pursuant to the Recycling Ordinance.
STEEL CANS
– means tin-plated, bi-metal and other ferrous food and beverage containers.
TEXTILES
– means clean, dry clothing or other fabric measuring at least one foot by one foot
in size.
TIRES –
means rubber-based scrap automotive, truck and equipment tires.
VEGETATIVE
WASTE – means I.D. Type 23 Waste as defined by N.J.A.C 7:26-2.13(g)1.v.
WHITE GOODS
– means washers, dryers, ranges, refrigerators and air conditioners.
WOOD SCRAP
– means unfinished lumber, including pallets, that has not been chemically treated,
painted,
resin-coated or otherwise surface-treated, laminated or bonded, and not similarly altered
from its natural
condition that has been generated during new construction.
151-2
Program
Established
a) There is hereby established a program
for the mandatory source separation from the municipal
solid waste stream by the single- and multi-family residential, commercial, office park,
industrial,
institutional and governmental solid waste generators of the Borough of South Plainfield
at the
point of generation of the following items: newspaper, aluminum cans, glass containers,
corrugated
cardboard, steel cans, plastic containers, mixed paper, textiles, leaves, brush, motor
oil,
masonry/paving material, rechargeable batteries, tires, white goods and such other
recyclable
materials to be added or deleted as Designated Recyclables by the County of Middlesex
pursuant
to a duly adopted amendment to the County Plan approved by the New Jersey Department of
Environmental Protection.
b) For commercial, office park,
industrial, institutional and governmental solid waste
generators of the Borough of South Plainfield, the following additional recyclables are
mandatory source-separated items: electronics and fluorescent bulbs.
c) For commercial, office park,
industrial, institutional and governmental generators of
construction debris at new construction sites, the following additional recyclable is a
mandatory source-separated item: wood scrap.
d) For warehouses, retail establishments
and supermarkets with twenty-five or more
employees, the following additional recyclables are mandatory source-separated items:
plastic film, including stretch wrap, shrink wrap and plastic shopping bags.
151-3
Mandatory
Source-Separation and Curbside Pickup
a) As of the effective date of this
chapter it shall be mandatory for all residents to separate
for recycling Designated Recyclables as follows:
1) newspaper and corrugated cardboard must
each be placed at the curb in
segregated, tied bundles not greater than twelve (12) inches in height;
2) mixed paper, including office paper,
must be placed at the curb in the mixed
paper container;
3) glass containers, aluminum cans,
plastic containers and steel cans shall be
commingled in a commingled container; and
4) textiles shall be segregated in a
textile bag.
Only Authority-collected recyclables
that have been properly separated and prepared
will be collected by the contractor. Any Authority-collected recyclables that are not
prepared for collection in this manner will be left at the curb by the contractor.
Residents
may bring recyclables to the Borough’s
curb for collection.
b) Authority-collected recyclables shall
be segregated at the
containers provided by the contractor.
c) Used motor oil shall be brought to the
used oil tank. Commercial generators of used oil shall not use the tank at the
d) Residents shall bring brush to the
Municipal Yard Waste site adjacent to the
decal that has been issued by the Borough for the current year.
e) Leaves shall be bagged in biodegradable
paper bags and set at the curb for collection
during November and December. Leaves may also be brought to the Municipal Yard
Waste site by residents in their own non-commercial vehicles to which they have affixed
a Yard Waste decal that has been issued by the Borough for the current year.
f) Residents who cannot manage their
grass clippings at home through cut-it-and-leave-it
lawn care or home composting may bring up to three (3) thirty-gallon (30-gallon) bags
of grass clippings to the Municipal Yards Waste site in their own non-commercial
vehicles to which they have affixed a Yard
Waste decal that has been issued by the
Borough for the current year.
151-4
Basic
Service
a) The Authority-Collected Recyclables
shall be collected on a bi-weekly basis at curbside
at (1) all single-family and duplex residential locations, all multi-family dwellings with
four (4) or fewer units and all townho
and that are not participating in a recycling collection program provided by their
homeowners’ association or landlord or utilizing a local drop-off as described in
151-4b)
below.
b) All multi-family dwellings with five
(5) or more units that are not participating in another
recycling collection program, public schools, public building, hospitals and other
institutions shall deposit the Authority-Collected Recyclables in on-site containers to be
provided by the Contractor. All comme
Recyclables directly to recycling markets, or through a recycling hauler. Comme
generators may recycle the following Designated Recyclables at the Borough’s
plastic containers, aluminum cans and steel cans.
151-5
Comme
a) As of Ma
governmental and office park solid waste generators to separate the following
Designated Recyclables from other solid waste:
1) Newspaper
2) Clear, brown and green glass containers
3) Plastic containers
4) Aluminum cans
5) Steel cans
6) Corrugated Cardboard
7) Mixed paper/office paper
8) Electronics
9) Fluorescent bulbs
10) Textiles
11) Motor oil
12) Br
13) Leaves
14) Wood Scrap
15) Masonry / paving material
16) Rechargeable Batteries
17) Tires
18) White goods (all devices that contain
Chlorofluorocarbons (CFC’s) m
properly evacuated by licensed individuals and all recovered CFC’s m
sent to a recycler that has been approved by the U.S. Environmental Protection
Agency.)
19) Plastic film (only from warehouses,
retail establishments and supermarkets with
twenty-five or more employees)
b) Recyclables shall be separated and
prepared in accordance with the requirements of the
Borough’s
the generator.
c) As of Ma
restaurants, taverns, schools, institutions, wareho
and other unenumerated retail comme
of Subsection a) above regarding mandatory separation of Designated Recyclable items.
With regard to the above-referenced b
concerning recycling shall apply:
1) The owner, operator, or in the case of
construction, any contractor employed
by the owner, are responsible parties for the set up and maintenance of the
recycling system. Said recycling system shall provide for the separation of any
of the mandated recyclables from the commercial waste stream, as set forth in
Subsection a) of this section.
2) Recycling containers must be clearly
marked and recycling containers m
free of wet garbage or other non-recyclable trash. Additionally, wet garbage
and trash m
garbage m
3) Notice in restaurants, food stores and
company cafeterias shall advise patrons,
customers and employees that recycling is mandatory, and separate recycling
containers m
cooperate with the recycling system.
4) The responsible party, as defined above
(owner/operator/contractor employed
by the owner) shall be fully responsible for the removal of recyclables to either
a recycling center or recycling market.
5) The owner/operator/contractor employed
by the owner shall supply to the
Borough of South Plainfield Recycling Coordinator annual reports providing
the weight and disposition of each recyclable generated by said responsible party,
unless the responsible party ca
Recycling Coordinator by the recycling market or recycling hauler.
6) The owner/operator/contractor employed
by the owner, for failing to adhere to
the requirements of this chapter, will be given a ten-day notice of violation within
which to correct the violation. In the event that, after notice of violation has been
issued, the violation has not been corrected within the ten-day notice of violation
time period, the owner/operator/ contractor employed by the owner shall receive
a warning notice. Thereafter, for subsequent violations the owner/operator/
contractor employed by the owner may be fined in accordance with
Section 151-12 of the chapter.
151-6
Multi-Family
Ho
As of the effective date of this chapter, it shall be mandatory for owners,
superintendents,
or operators of garden
apartments, condominiums and low and high rise apartments to set up and
maintain a recycling
program of curbside collection and/or recycling drop-off centers for
convenient access by residents.
(1) In developments consisting of 25 or
more multi-family residential
housing units, a recycling plan m
for adequate storage of recyclables within each dwelling and
convenient access to adequate indoor or outdoor drop-off facilities.
The plan m
Borough’s Development Review Ordinance.
(a) Where curbside collection of
recyclables is not available, a
recycling drop-off area m
from, each garbage disposal area in the development. Containers m
garbage and wet garbage may not contain any recyclables.
(b) Where curbside collection of
recyclables is to be available,
access for such collection shall be designed so as to provide
an adequate turning radi
interference from parked cars or other obstacles. The owner,
superintendent or resident manager shall provide a designated
area for curbside collection at each unit.
(2) The owner, superintendent or resident
manager shall publish rules
and regulations for tenants and condominium owners’ compliance
with mandated recycling and the availability of the recycling drop-off
or curbside collection to new residents and at least annually. Owners,
superintendents and managers shall supply copies of the notices
given to the tenants and condominium owners about the recycling
rules and regulations to the Borough of South Plainfield Recycling
Coordinator annually.
(3) The owner, superintendent or manager
shall provide the Borough of
South Plainfield Recycling Coordinator with proper documentation
annually of the weights and disposition of the amount of recyclables
removed from their sites.
151-7
Permitted
Disposal of Recyclables
Where newspaper or other Designated
Recyclables are
waste they may be discarded or disposed of for collection with the
151-8
Scavenging
Scavenging of all Designated
Recyclables set at the curb or deposited at the Borough’s
151-9
Authority
to Establish Rules
a) Subject to the approval of the Borough
Council, the Recycling Coordinator is authorized
to establish and promulgate reasonable regulations for the administration and publication
of the procedures provided for by this chapter.
b) The Recycling Coordinator shall also be
responsible for coordinating the activities of the
Borough, the Authority and the contractor for establishing the program of collection of
all
Designated Recyclables, for coordinating the transition from the borough drop-off system
to a system where Authority-collected recyclables are collected by the contractor and all
other Designated Recyclables are collected by the borough and for attending periodic
meetings with the Authority and the contractor. The borough shall notify the Authority
if a new Recycling Coordinator is appointed.
151-10
Public
Education/Awareness Program; Literature
The Recycling Coordinator shall
prepare literature and other educational materials describing,
among other things, (i) the Borough of South Plainfield Recycling Program established
pursuant to this chapter, (ii) the County-wide Recycling Program and the recycling
services
to be provided within South Plainfield, (iii) the Designated Recyclables to be sou
(iv) the manner or method of preparing
source-separated recyclable material for collection,
and (v) the location and schedules for collection. The borough shall provide for
distribution of
all approved literature and other educational materials to all of its private, comme
institutional residents and shall pay the costs associated with the preparation and
distribution
of same.
151-11
Recycling
of Construction and Demolition Waste
When issuing any building permit, the building code official will provide the
permitee with
written instruction on proper disposal and recycling of construction and demolition waste.
The building
code official will furnish a Notification of Construction/Demolition Activity Form that
the permitee
must fill out and send to the Middlesex County Division of Solid Waste Management (MCDSWM)
within forty-eight (48) hours of the issuance of a municipal permit.
151-12
Enfo
No garbage hauler shall collect for disposal any municipal solid waste that is
mixed with
any Designated Recyclable.
151-13
Violations
and Penalties
Any person, firm, corporation or entity that violates or neglects to comply with
any provision
of this chapter or any regulation promulgated pursuant thereto shall, upon conviction
thereof, be
punishable by a fine not to exceed two thousand ($2,000.00) dollars. Said violation shall
be enforceable
by the Police Department, Board of Health and/or Recycling Coordinator of the Borough of
South
Plainfield or agents thereof.
151-14
Effects on
Other Regulations
Except as to the provisions of this chapter relating to the procedure of disposal,
collection and regulations concerning recyclable items, all ordinances and regulations
relating to disposal and collection of solid waste are
not repealed and shall remain in full fo
inconsistent herewith are hereby repealed as to such inconsistencies only.
151-15
Severability
Cla
Should any provision of this chapter be held invalid or unenfo
competent jurisdiction all other revisions shall, nevertheless, continue in full fo
extent that the remaining provisions are fair, j
ATTEST:
________________________
Charles F. Butrico, Jr., Mayor
_________________________
Vincent Buttiglieri, RMC, CMC
Municipal Clerk