Ordinance No. 12-08
Introduced: April 3, 2008
Public Hearing: April 24, 2008
An ordinance to amend and supplement Chapter 42, Solid Waste Management, of the Revised Ordinances of the Township of Randolph, New Jersey
WHEREAS, N.J.S.A. 40:48-2 permits a municipality to make and amend an ordinance as it may deem necessary and proper for good government, order, and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and
WHEREAS, N.J.S.A. 13:1E-99.13(d) requires municipalities to have its ordinances governing solid waste and recycling to be consistent with the pertinent county solid waste management plan; and
WHEREAS, the Township Council of the Township of Randolph (“Randolph” or “Township”) desires to amend Chapter 42, Solid Waste Management, of the Revised Ordinances of the Township of Randolph, New Jersey, in order to comply with the update to the Morris County Solid Waste Management Plan dated March 2007.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION ONE. Article III, Chapter 42-60, Solid Waste Management, Mandatory Recycling, Purpose, of the Revised Ordinances of the Township of Randolph, New Jersey, shall be added to read as follows:
The conservation of recyclable materials has become an important public concern by reason of the growing problem of solid waste disposal and its impact on our environment and there is an increasing necessity to conserve our natural resources. Morris County has accepted the State policy directive of achieving at least a fifty (50%) percent recycling rate of Municipal Solid Waste (MSW) by 2015. Therefore, the Township of Randolph accepts the State policy directive of achieving at least a fifty (50%) percent recycling rate of Municipal Solid Waste by 2015.
SECTION TWO. The following shall be added to Chapter 42-61, Solid Waste Management, Mandatory Recycling, Definitions, of the Revised Ordinances of the Township of Randolph, New Jersey:
Commingled means a combining of non-putrescible source-separated recyclable materials for the purpose of recycling;
Designated Recyclable Materials means those materials designated within the Morris County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
Aluminum Cans—Cans made from aluminum that was manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
Corrugated Cardboard—Shipping containers made with a kraft paper linerboard and corrugated medium.
Bottles And Jars—Bottles and jars made from glass including clear, brown and green glass. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A jar is defined as a wide mouthed container that can be capped. Caps and lids not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex or ceramic.
Mixed Paper—Various categories of recyclable paper including, but not limited to, white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, soft cover books.
Newspaper—A publication containing news, information and advertising, usually printed on low cost paper called newsprint. Newspaper may include glossy inserts which come with the paper, dependent upon the market conditions at the time.
Oil-Contaminated Soil—Non-hazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, #4 & #6 heating oils and certain other refinery products including coal tar). This type of soil shall be determined to be non-hazardous in accordance with the standards set forth in N.J.A.C. 7:26.
Plastic Bottles (coded 1 and 2)—Plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as polyethylene terephthalate (PETE) or high density polyethylene (HPDE). See symbols to the left. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. Caps and lids not included. Any item made of plastic that is not a bottle, and any plastic bottles without any of the symbols shown to the left is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc. should not be recycled.
Steel (Tin) Cans—An air-tight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
Leaves—Vegetative material, typically generated in the autumn when they fall from trees and then are raked from residents’ and/or commercial lawns.
Grass Clippings—Vegetative material generated when grass (lawns) are cut.
Brush—Branches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
Natural Wood Waste—Logs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
Used Motor Oil—Motor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
Lead-Acid Batteries—Storage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulphuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep cell batteries found on boats of campers used to power accessories like trolling motors, winches or lights.
Hazardous Dry Cell Batteries—Rechargeable batteries, such as nickel-cadmium, nickel-iron, nickel metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for non-rechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are non-rechargeable batteries that are hazardous as defined by Resource Conservation Recovery Act (“RCRA”), regardless of the RCRA exclusion of household waste from the definition of hazardous waste pursuant to 40 C.F.R. 261.4(b). Non-rechargeable, hazardous batteries include older alkaline and carbon zinc batteries, as well as silver oxide, mercury and magnesium button-type batteries, etc. It should be noted that domestically manufactured alkaline and carbon zinc non-rechargeable batteries made after circa 1994 eliminated mercury content to the point that they should not be considered RCRA hazardous and therefore are not included in this material category.
Whole Tires*—Tires that are whole, not chipped into small pieces. *Tires are allowed to be recycled and/or incinerated for energy recovery.
Metal Appliances—Appliances composed predominantly of metal, and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant must be recovered accordingly.
Leaf collection season means a time period from September 15 through December 15.
Mandatory Source Separated and Recyclable Material: See Table 1.
MCMUA means the Morris County Municipal Utilities Authority.
MCOHM means the Morris County Office of Health Management.
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 rent or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a.) and shall include hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the “Hotel and Multiple Dwelling Law,” P.L. 1967, c. 76 (C.55:13A-1 et seq.).
NJDEP means the New Jersey Department of Environmental Protection.
Recycling Coordinator—the person or persons who shall fulfill the requirements of the Morris County Solid Waste Management Plan and the New Jersey Statewide Mandatory Source Separation and Recycling Act and those rules and regulations promulgated therefore.
Recycling Enforcement Coordinator—the person or persons who shall fulfill the responsibilities with respect to recycling enforcement coordination detailed in the March 2007 Morris County Solid Waste Management Plan Amendment Section 8.6. The Recycling Enforcement Coordinator shall also:
a) Maintain a list of personnel in the municipality who are capable of and obligated to enforce the municipal recycling ordinance and/or other municipal ordinances which pertain to illegal dumping, solid waste and recycling and provide a copy of this list to the MCMUA as requested;
b) Coordinate all communication between various agencies including the MCMUA, MCOHM and NJDEP regarding solid waste and recycling enforcement issues;
c) Ensure that violations have been followed through to corrective action by the violator and/or that penalties have been imposed;
d) Notify the MCMUA when a notice of violation has been issued to any entity other than a single family dwelling or multi-family dwellings with 3 units or less;
e) Ensure that the required annual inspections have been performed; and
f) Provide a report of the illegal dumping, solid waste and/or recycling enforcement activity which has taken place in the Township. This report shall be submitted to the Township recycling coordinator in order to be included in the annual municipal recycling and solid waste program report.
Source-Separated Recyclable Materials—recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
Source Separation—the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purpose of recycling.
Street means 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.
SECTION THREE. The definitions of “aluminum containers”, “bi-metal can”, “commingled recyclables”, “corrugated cardboard”, “glass food and beverage containers” , “lead-acid batteries”, “magazines and junk mail”, “metal container”, “mixed office paper”, “mixed paper”, “office paper”, “petroleum-contaminated soil”, “plastics”, “recyclable materials”, “steel cans”, “stumps, logs and tree parts”, “tires”, “used newspaper”, “white goods and light iron”, and “yard waste” shall be deleted from Article III, Chapter 42-61, Solid Waste Management, Mandatory Recycling, Definitions, of the Revised Ordinances of the Township of Randolph, New Jersey.
SECTION FOUR. Article III, Chapter 42-62(a) , Solid Waste Management, Mandatory Recycling, Penalty., of the Revised Ordinances of the Township of Randolph, New Jersey, shall be revised to read as follows:
(a) Any person, corporation, occupant, or entity that violates or fails to comply with any Provision of this Ordinance or any of the rules promulgated hereunder, shall, upon conviction thereof, be punishable by a fine not less than $25.00, nor more than $1,000.00 per offense, except that the maximum fine for failure to comply with sections 42-65, 42-67, 42-68, 42-69, 42-70, 42-71, or 42-74(b) and regulations issued pursuant thereto shall not exceed $100.00 for the first offense. A minimum fine of $100.00 shall be imposed for second and third subsequent offenses under these specifically enumerated sections. A minimum fine of $100.00 shall be imposed for any failure to comply with sections 42-72 or 42-74(a).
SECTION FIVE. Article III, Chapter 42-62(a) , Solid Waste Management, Mandatory Recycling, Enforcement of Article., of the Revised Ordinances of the Township of Randolph, New Jersey, shall be revised to read as follows:
(a) The Department of Health of the Township is hereby authorized and directed to enforce this Article. Such enforcement may include,but is not limited to, the inspection of garbage set out for disposal. A detailed report of such enforcement shall be forwarded to the county recycling coordinator on an annual basis.
SECTION SIX. The following shall be added to Article III, Chapter 42-63, Solid Waste Management, Mandatory Recycling, Enforcement of article., of the Revised Ordinances of the Township of Randolph, New Jersey:
(c) The Township Health Officer shall serve as Recycling Coordinator and Recycling Enforcement Coordinator.
SECTION SEVEN. Article III, Chapter 42-65(a) and (b), Solid Waste Management, Mandatory Recycling, General duties of residents, businesses and other establishments, of the Revised Ordinances of the Township of Randolph, New Jersey, shall be revised to read as follows:
(a) Residences. It shall be mandatory for persons, except those physically disabled, who are owners, managers, lessees or occupants of residences, including garden apartments, with the township to separate designate recyclable materials from all other solid waste produced by such establishments and institutions and to recycle these materials in strict conformity with this article and all applicable regulations.
(b) Commercial establishments and institutions. It shall be mandatory for all commercial establishments and institutions within the township to separate designate recyclable materials from all other solid waste produced by such establishments and institutions and to recycle these materials in strict conformity with this article and all applicable regulations.
Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of the Township of Randolph may exempt commercial or institutional premises within the township from the source separation requirements of this Chapter. To be eligible for an exemption from this Article, a commercial or institutional generator of solid waste shall file an application for exemption with the Recycling Coordinator on forms to be provided for this purpose. The forms shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and block and lot designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address and official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least, on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Recycling Coordinator of the total number of tons collected and recycled for each designated material.
All food service establishments, as defined in the Health Code of the Township of Randolph, shall, in addition to compliance with all other recycling requirements of this chapter, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records for inspection by any authorized agent.
SECTION EIGHT. Article III, Chapter 42-63(a), Solid Waste Management, Newspapers, of the Revised Ordinances of the Township of Randolph, New Jersey, shall be deleted in its entirety.
SECTION NINE. Article III, Chapter 42-70, Solid Waste Management, Mandatory Recycling, Corrugated cardboard and office paper, of the Revised Ordinances of the Township of Randolph, New Jersey, shall be entitled Solid Waste Management, Mandatory Recycling, Corrugated cardboard and mixed paper, and revised to read as follows:
All commercial and residential generators in the township shall separate and recycle corrugated cardboard and mixed paper from all other solid waste. Commercial establishments and institutions shall be responsible for establishing their own recycling programs for the collection, transportation and marketing of these materials.
SECTION TEN. All ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of the inconsistency.
SECTION ELEVEN. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portion of this Ordinance.
SECTION TWELVE. This Ordinance shall take effect immediately upon final passage, approval, and publication as provided by law.
Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
Allen M. Napoliello
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 12-08
NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance To Amend and Supplement Chapter 42, Solid Waste Management, of the Revised Ordinances Of The Township Of Randolph, New Jersey” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on April 3, 2008 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on April 24, 2008 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend and supplement Chapter 42, Solid Waste Management of the Revised Ordinances Of The Township Of Randolph, New Jersey to comply with the update to the Morris County Solid Waste Management Plan dated March 2007.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey