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HomeMy Public PortalAbout95-33No. 95-33 l~f t~e Councilman Presents the following Ordinance Seconded by Councilman AMENDING CODE OF THE BOROUGH OF CARTERET, SECTION 202 ENTITLED "RECYCLING PROGRAM" BE IT ORDAINED that Section 202 of the Code of the Borough of Carteret is amended and replaced as follows RECYCLING A. Definitions. "Aluminum Cans" - means food and beverage containers made entirely 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 (NJ.SA 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 papers and textiles. "Brush" - means branches, woody plants and other like vegetable material that do not exceed five (5) inches in diameter and Christmas trees. "Brush" does not include leaves and grass clippings. "Commencement Date" - means the date upon which the Authority and the Municipality agree that the Authority, through its Contractor, will commence the provisions of Recycling Services. "Co-mingled Containers" - means twenty (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. "Corrugated Cardboard" - means boxes and packing generally made from wood pulp and consisting of two smooth sides with a corrugated inner layer. Brown paper grocery bags are included. "County" - means the County of Middlesex, New Jersey. 'County Plan" - mean the Middlesex County District Solid Waste Management Plan, adopted by the Board pursuant to the Solid Waste Management Act, which provided for the collection, disposal and/or recycling of solid waste generated with the geographic boundaries of the county, as the same may be amended from time to time. NO. 95-33 PAGE 2 "County-Wide Recycling Program" - means the collection and marketing program for Authority Collected Recyclables established by the County and the Authority for all participating municipalities in the County and funded, in part, with RRIT Funds allocated for this purpose "DEP" - means the New Jersey Department of Environmental Protection or any successor agency. "Designated Recyclables" - means all recyclable materials that are designated by the County in the County Plan as materials that must be source-separated from Municipal Solid Waste at the point of generation. On the date of execution of this ordinance, the recyclables designated by the County in the County Plan from Residential (including multi-family), Commercial, Industrial and Institutional Governments and office, newspaper, aluminum cans, high grade office paper, glass, steel, cans, plastic containers, mixed paper, textiles, leaves, motor oil and Brush. The County may add or delete certain recyclable materials to Designated Recyclables from time to time pursuant to a duly adopted amendment to the County Plan approved by the DEP. "Glass Containers" - means all glass containers used for packaging food or beverages. "High-grade Office Paper" - means computer paper and desk top paper. "Mixed Paper Container" - means a covered fourteen (14) gallon container in which Residents will place mixed paper at the curb for collection by the Contractor, or such container designated by the Authority for such purpose. "Motor Oil" - means a petroleum based or synthetic oil whose use includes, but is not limited to, lubrication or internal combustion engines, which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. "Municipality" - means a municipal corporation of the State of New Jersey. Mumopal Solid Waste - means I.D. Type 10 Waste as defined by N.J.A.C. 7.26-2.13 (G) (i) 6). "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 opinions and containing advertisements and other matters of public interest. "Plastic Containers" - means soda bottles made of PETE (SPT Code # 1) and milk, water and laundry product bottles made ofHDPE (SPI Code #2). "Recycling Ordinance" - means Chapter Sections 1 through 120-7 of the Code of the ordinance enacted by the Borough establishing the mandatory municipal recycling program implemented in accordance with the Solid Waste Management Act and the County Plan, as the same will be amended by the Municipality to include the additional designated recyclables as set forth in Section 1.2. I. and as to the same may be amended in the future from time to time fbr other purposes. "Residents" - means private, commercial and institutional residents of the municipality that are required to recycle Designated Recyclables pursuant to the Recycling Ordinance. NO.. 95-33 PAGE 3 "Steel Cans" - means tin-plated, bi-metal and other ferrous food and beverage containers. "Textile Bag" - means a special bag to be provided by the Authority for the collection of textiles, or such other container to be designated by the Authority for such purposes. "Textiles" - means clean, dry clothing or other fabric measuring at least one foot by one foot in size. B. Mandatory Items to be Recycled. All residents of Carteret shall recycle or be recycled the following: A Newspaper B. Aluminum Cans C. Glass Containers D. Plastic Containers E. Steel Cans F. Corrugated Cardboard G Mixed Paper H Textiles I. Motor Oil J. Leaves K Brush C. Collection Requirements. -- 1. The Borough of Carteret hereby adopts this section to provide for recycling within its bor. ders pursuant to the Recycling Act adopting herein the Middlesex County Recycling Plan as ~ts official Municipal Recycling Program; and 2. All residential and commercial contracts for solid waste collection and/or disposal within the Borough shall be consistent with this section and the Middlesex County Recycling Plan. 3. The Borough of Carteret shall heretofore provide for a collection system for leaves generated from residential premises, and require that persons occupying residential premises within these municipal boundaries shall source-separate leaves from solid waste generated at those premises and, unless leaves are stored or recycled for composting or mulching by the generator, place the leaves for collection in the manner provided in Section 202 of the Code of the Borough of Carteret. 4. The Borough of Carteret shall heretofore provide for a collection system for brush generated from residential premises, and require that person occupying residential premises within these municipal boundaries shall source-separate brush from solid waste generated at those premises and place the brush for collection in the manner provided in Section 202 of the Code of the Borough of Carteret. NO. q5-~3 PAGE. 4 5. The Borough of Carteret, shall at a minimum, within thirty (30) days after the adoption of this section and at least once every six (6) months thereafter, notify all persons occupying residential, commercial and institutional premises within these municipal boundaries of recycling opportunities and the source-separation requirements of this subsection, this municipality may, in its discretion, place an advertisement in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers, or any combination therefor, as the municipality deems necessary and appropriate. 6. The Borough of Carteret shall prepare and distribute additional literature and other educational materials describing, among other things, (i) the municipal recycling program established pursuant to the Recycling Ordinance, (ii) the County-wide Recycling Program and the Recycling Services to be provided within the geographic boundaries of the municipality, (ii) the Designated Recyclables to be source-separated, (iv) the manner or method of preparing source-separated material for collection, and (v) the location and schedules for collection. All such literature and other educational materials shall be prepared in accordance with written guidelines established by the Authority and shall be approved by the Authority prior to distribution. 7. The Borough will be responsible for collecting at the curb leaves and brush. a. LEAVES shall be placed between the sidewalk and the curb for pick-up. Leaves containing branches, vines, grass clippings and other debris will not be picked up by the Borough. b. BRUSH. The Borough will collect tree branches, shrubbery, other yard clippings and Christmas trees. Materials should be tree branches and shrub branches preferable longer than three feet. Ail materials should be stacked at the curb or as near to the curb as possible. Hedge clippings, twigs, small branches less than three (3) feet ( but not less than one (1) foot) must be bundled with string only ( no wire) and must be free of foreign debris, such as stones, dirt, metal, sweepings and rakings. No lumber, construction materials or roots are permitted. Any material placed at the curb that does not conform with these specifications -- will not be picked up by the Borough. D. Private Scavenger. No person, corporation or entity shall pickup, collect, store recyclable items unless properly approved by the Borough. NO. 95-33 PAGE 5 E. Enforcement. Thc enforcement of' the Recycling Plan of' the Borough of' Carteret shall be provided individually and severely by thc Borough of' Cartcrct with regard to en£orccment of' this section, and/or by thc Borough's duly authorized agent and/or the New Jersey Department of Environmental Protection. F. Penalties. I. Any resident of thc Borough of Carteret who is found to have violated the provisions of this section shall be subject to the following procedures and penalties: a. A warning on the first occasion that said ordinance is violated, and thereafter, b. A fine up to Five Hundred ($500.00) Dollars per day of violation depending upon the extent of' and circumstances of' the violation to be assessed pursuant to N.J.S.A 13:1E-9 by authorized Municipal Officer or his designee as authorized hereby and pursuant to the inclusion of this section within the Middlesex County Solid Waste Management Plan. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE BIALOWARCZUK FEINGOLD _ STIGLIC Adopted on first reading of the Council of ~he Borough of Carteret, N~J., on June 15, 1995 Adop~edonsccondrcadingafterhearingon July 20~ 1995 ~ ~ MUNIQIPAL C~ERK