Contents
Click here to download a 14 MB PDF of this Plan Amendment.

• Plan Home

• Introduction

1. Compliance with State Plan 

2. Attainment of the Mandated Municipal Solid Waste Recycling Goal

3. Existing and Proposed Morris County Source Reduction, Recycling and Waste Diversion  Programs

4. Source Separation

5. Materials Mandated to be Source Separated and Recycled

6. Additional Materials

7. Materials That are No Longer Designated to be Source Separated and Recycled

8. Enforcement Program

9. Municipal Responsibilities

Appendices

1. Morris County Solid Waste Generation - Plan Implementation Ten-Year Projection

2. Morris CountyGenerated Disposal Tonnages by Year for 1995-2006 - MCMUA  - Parsippany and Mt. Olive Transfer Stations Combined as Compared to NJDEP Data

3. Inventory of Morris County Solid Waste Facilities

4. Guidelines for Evaluation of Solid Waste Facility Requests to be Included in  the Morris County Solid Waste Management Plan

5. Enforcement Documentation

6. Sample Model Municipal Planning Board Recycling Ordinance for Multifamily Housing Developments That Require Subdivisions or Site Plan Approval

7. Sample Recycling Status Report for Generators

Tables

1. Morris County Recycling Rates 1995 - 2004

2. Morris County Total Solid Waste Generation - Ten-Year Projection from 2004 Base Year

3. Recycling and Disposal Data (State Plan, Table B-1)

4. Municipal Solid Waste - Status Quo Projection Based on Population Increases

5. National Municipal Solid Waste Generation Rates According to the U.S. Environmental Protection Agency (USEPA)

6. Additional Tonnage to be Extracted from the Municipal Solid Waste Stream for Recycling by 2015

7. Municipal Recycling Programs

8. Materials Mandated to be Source Separated and Recycled Morris County, New Jersey

9. Additional Materials Recommended to be Included in Municipal Waste Management Programs

10. Solid Waste Activities Inspection Checklist

Solid Waste Management
Plan Amendment
Morris County, New Jersey

Response to the January 2006 New Jersey Department of Environmental Protection Solid Waste Management and Sludge Management State Plan Update - March 2007

9. Municipal Responsibilities

In order to insure the achievement of the MSW Recycling Goal in each municipality, and in order to meet the requirements as set forth in N.J.S.A. 13:1E-99.16, the mandated municipal responsibilities are identified below:

Note: Text in italics is taken directly from the statute N.J.S.A. 13:1E-99.16, in some cases, verbatim.

9.1.  Designate a Municipal Recycling Coordinator (MRC): Each municipality shall designate one or more persons as the municipal recycling coordinator (MRC) to oversee the recycling activities of the municipality, maintain and compile recycling information for submittal to the state and county and act as an informational base for municipal residents, businesses and officials.  If for any reason, there becomes a vacancy in this position and/or the MRC is not available to perform his or her duties, the municipality shall, within two weeks, designate a new or acting MRC, so that the period of time of vacancy does not exceed two weeks.  If a town fails to designate an MRC, the county shall assume that the municipal administrator or manager will be the acting coordinator until one is designated.
  
Further, as required by this Plan Amendment, the MRC shall ensure that the action items of the Municipal Recycling Program, as outlined in this section, are carried out, on a regular basis, if so indicated.  

9.2.  Establish and Implement a Municipal Recycling Program (MRP): Each municipality shall establish and implement a municipal recycling program (MRP) in accordance with the requirements as set forth in N.J.S.A. 13:1E-99.16 and in accordance with this Plan Amendment as follows:

1. Provide for a Collection System (13:1E-99.16.6.a.): Each municipality shall provide for a collection system for the recycling of the recyclable materials designated in this Plan in those instances where a recycling collection system is not otherwise provided for by the generator or by the county, interlocal service agreement or joint service program, or other private or public recycling program operator.
     

2. Adopt a Recycling Ordinance (13:1E-99.16.6.b.): Within six months from the date of NJDEP approval of this Plan Amendment, the governing body of each municipality shall adopt an update to its recycling ordinance. This ordinance shall require persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, in addition to leaves, the specified recyclable materials for which markets have been secured and, unless recycling is otherwise provided for by the generator, place these specified recyclable materials for collection in the manner provided by the ordinance.  The list of specified recyclable materials shall include at a minimum the county list of designated materials mandated to be source separated and recycled along with their respective definitions as written in Table 8.
     
   The revised ordinance shall also include a provision whereby the municipality accepts the MSW Recycling Goal as a level of recycling to be achieved by 2015.  The municipal ordinance shall include enforcement policies; these policies are set forth in this Plan under the Enforcement Program section.  Finally, the municipality must provide the district recycling coordinator with a certified copy of the its recycling ordinance as soon as it is amended, which shall be within 6 months from the date of NJDEP approval of this Plan Amendment.
     
   The NJDEP has created a Model Municipal Source Separation and Recycling Ordinance that may be of use to a municipality in updating its ordinance.  It can be found on the NJDEP website at: http://www.state.nj.us/dep/dshw/recycling/whatsnew/model_waste_ordinance.pdf 

Further, along with the recycling ordinance, the municipality shall provide a copy of the ordinance pertaining to multifamily subdivision approval by the planning board according to N.J.S.A.13:1E.99-13a. to the MCMUA.   N.J.S.A.13:1E.99-13a. "Adoption of model ordinance on recycling in multifamily housing" states:

"13:1E-99.13a .

2. The Commissioner of Environmental Protection, in cooperation with the Commissioner of Community Affairs, shall, within 90 days of the effective date of this act, adopt a model ordinance requiring approval by the planning board of either subdivisions or site plans, or both, pursuant to paragraph (15) of subsection b. of section 29 of P.L. 1975, c.291 (C.40:55D-38), as provided herein.  The department shall submit the model ordinance to the Legislature for review upon its adoption.  A municipality shall adopt an ordinance which is substantially similar to the model ordinance within 12 months of the adoption of the model ordinance.  The model ordinance shall set forth standards governing the inclusion, in all new multifamily housing developments which require subdivision or site plan approval, of collection or storage facilities which allow for the source separation of all recyclable materials required by the district recycling plan adopted pursuant to section 3 of P.L. 1987, c.102 (C.13:1E-99.13).  For the purposes of this section, 'multifamily housing' shall mean housing in which three or more units of dwelling space are occupied, or are intended to be occupied, by three or more persons who live independently of one another."

N.J.S.A. 13:1E-99.13a. was adopted in 1993 and by 1994 or 1995, each municipality was to have adopted an ordinance, substantially similar to the model ordinance adopted by the NJDEP and the DCA, requiring approval of planning boards for multifamily housing developments of 3 or more units that require subdivision or site plan approval.  This ordinance sets forth standards governing the inclusion of collection or storage facilities that allow for the source separation of all mandated/designated recyclable materials.  A copy of this model ordinance is included in Appendix F.
  
Each municipality is required to provide a copy of this multifamily housing development recycling ordinance, in addition to the updated municipal recycling ordinance, within 6 months of the certification of this Plan Amendment by the Department.  

3. Review and Revise Master Plan (13:1E-99.16.6.c.): The governing body of each municipality shall, at least once every 36 months, conduct a review and make necessary revisions to the master plan and development regulations adopted pursuant to P.L. 1975, c.291 (C.40:55D-1 et seq.), which revisions shall reflect changes in federal, State, county and municipal laws, policies and objectives concerning the collection, disposition and recycling of designated recyclable materials.
     
   The revised master plan shall include provisions for the collection, disposition and recycling of recyclable materials designated in the municipal recycling ordinance adopted pursuant to subsection b. of this section, and for the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.

Further, N.J.S.A. 40:55D-38.29. states:

        29. Contents of ordinance.  An ordinance requiring approval by the planning board of either subdivisions or site plans or both, shall include the following:
b. Provisions ensuring:
(9) Conformity with a municipal recycling ordinance required pursuant to section 6 of P.L. 1987, c.102 (C.13:1E-99.16).

Within 6 months from the date of NJDEP approval of this Plan Amendment, the municipality shall submit to the MCMUA a copy of the section of the municipal master plan that includes provisions for "the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land."  Along with a copy of the provisions in the master plan, the municipality shall submit to the MCMUA a copy of the process used by the municipal planning board or other appropriate municipal department to determine that provisions for the collection, disposition and recycling of designated recyclable materials in the above listed development proposals have met the municipality's requirements.  This process shall include approval by the municipal recycling coordinator to ensure that adequate provisions have been made for all mandated recyclable materials.  

4. May Allow for Exemptions (13:1E-99.16.6.d.): The governing body of a municipality may exempt persons occupying commercial and institutional premises within its municipal boundaries from the source separation requirements of the ordinance adopted pursuant to subsection b. of this section if those persons have otherwise provided for the recycling of the recyclable materials designated in the district recycling plan from solid waste generated at those premises.  To be eligible for an exemption pursuant to this subsection, a commercial or institutional solid waste generator annually shall provide written documentation to the municipality of the total number of tons recycled.

In its 1993 Plan Amendment, Morris County provided guidelines to municipalities to assess the granting of exemptions, in accordance with N.J.S.A. 13:1E-99.16.6.d., for commercial and institutional establishments from the source separation requirements of the respective municipal ordinance.  These guidelines remain unchanged and are posted on the MCMUA website at:
www.MCMUA.com/recycling/ExemptionFromSourceSeparation.htm.  As of the writing of this Plan Amendment, no Morris County municipality has granted an exemption according to this provision in the statute.  Further, as of the writing of this Plan Amendment, Morris County is unaware of any facility in New Jersey capable of and processing mixed waste to extract recyclables to justify the granting of such an exemption.

5. Submit Recycling Tonnage Report (13:1E-99.16.6.e.): The governing body of each municipality shall, on or before July 1 of each year, submit a recycling tonnage report to the New Jersey Office of Recycling in accordance with rules and regulations adopted by the department therefore.

The governing body of each municipal shall also provide a copy of this recycling tonnage report to the district recycling coordinator.  Additionally, along with the recycling tonnage report, a copy of the required annual notifications to generators (to be explained further in subsection f) of this section), and the recycling and solid waste program report (to be explained further in subsection i) of this section) are required to be submitted.  All of these documents must be submitted annually to the district recycling coordinator on or before the deadline for submittal of recycling tonnage reports to the NJDEP.

6. Notify Generators of Recycling Opportunities and Requirements (13:1E-99.16.6.f.): The governing body of each municipality shall at least once every six months notify all persons occupying residential, commercial, and institutional premises within its municipal boundaries of local recycling opportunities, and the source separation requirements of the ordinance.  In order to fulfill the notification requirements of this subsection, the governing body of a municipality may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers, or any combination thereof, as the municipality deems necessary and appropriate.

Further, as required by this Plan Amendment, at least one notification each year shall be a direct mailing to each individual unit including all single and multifamily residential units, commercial units and institutional units.

At a minimum, this notification will include information on each and every mandated material, and those materials which are strongly recommended to be recycled describing what each material is, examples of unacceptable material, material preparation requirements and outlets for collection or drop off.  Information on the proper disposal of household hazardous waste must also be included.  It is strongly recommended that the recycling notification be its own document and not be contained as a section of municipal newsletter or calendar that may contain other municipal news not relevant to recycling.  As an example, some towns rely on a calendar publishing company to include recycling information on the last page of the calendar.  In this case, some generators may never see the recycling information.  The calendar publication may be best used in addition to a separate recycling notice. Municipalities are encouraged to issue recycling information more than once each year and through different venues.  Copies of these notifications shall be provided to the district recycling coordinator each year.  This county notification requirement will be explained further in the subsection g) of this section.

In addition to the annual notification, each municipality shall include on its website, at a minimum, all of the information included in its notification.

Municipal recycling coordinators (or their designee) shall be available to respond to questions from any generators located within the municipality and shall be prepared to assist any generator with compliance with this Plan.  It will be the responsibility of the municipality to ensure that the municipal recycling coordinator has the background and the knowledge of the recyclable materials and the markets/outlets in order to properly assist generators within its borders.  It is highly recommended that each municipal recycling coordinator become educated in the field by attending and completing the New Jersey Recycling Certification Series offered by the Cook College Office of Continuing Professional Education or other similar courses offered.  Upon completion of the Recycling Certification Series, the attendee earns the title of Certified Recycling Professional.  It is also highly recommended that each municipal recycling coordinator attend the quarterly municipal recycling coordinators meetings hosted by the MCMUA and that new municipal recycling coordinators contact the MCMUA to schedule a recycling coordinator orientation meeting.  Additionally, a new and valuable resource available to municipal recycling coordinators is The Recycling Coordinator's Primer, available on the Association of New Jersey Recyclers' website www.anjr.com.  All municipal recycling coordinators are strongly encouraged to join the Association of New Jersey Recyclers in order to stay informed regarding recycling issues affecting the state, Morris County and their municipality.

7. Recycling Status Reports for Generators and Site Visit Reports: As required by this Plan Amendment, each municipal recycling coordinator shall obtain, on a regular basis to be determined by the MCMUA, a recycling status report from each of the generators located within their municipal borders which fall into specific categories to be defined by the MCMUA.  Types of generator categories to be specified may include, but will not be limited to schools, colleges, universities, multifamily complexes, businesses, especially business campuses, retail shopping centers, hotels/motels and hospitals.  A sample blank recycling status report created for multifamily housing complexes is attached in Appendix G.  This sample recycling status report is subject to change and is provided to give an idea of the types of information necessary to complete a recycling status report.  A recycling status report for each category of generator will be developed by the MCMUA and made available to municipal recycling coordinators.

After obtaining recycling status reports from specified generators, municipal recycling coordinators will be required to visit the sites of certain specified generators in order to ascertain that the information provided on the recycling status reports is accurate and that the provisions of the recycling program at the site are satisfactory.  A separate site visit report form will be prepared by the MCMUA and made available to municipal recycling coordinators to provide the generator with an evaluation on the program.  If the site visit report reveals deficiencies, the generator will need to take action to correct them.

A key component of a recycling status report is the attachment by the generator of the recycling notice provided to the generator's residents or employees.  All persons who are either part of a multifamily complex or a business or a school need to be notified, at least annually, of their recycling responsibilities.  While a municipal recycling coordinator is required to notify all persons occupying residents, commercial or institutional premises on an annual basis, it is recognized that multifamily, commercial and institutions need to have information customized to their specific in-house recycling programs.  The county therefore leaves the determination of who will produce and distribute the information up to the municipal recycling coordinator and each generator.  Regardless of who produces and distributes the educational information, a copy of each generator’s information must be attached to the recycling status report.
 

Specifically for schools, the MCMUA will work toward establishing a list of school recycling coordinators so that each school has one person who is the designated point of contact regarding recycling matters.  This will hopefully facilitate communication with the schools, since past experience has shown that various types of school personnel are involved with recycling including students, teachers, administrators and custodial staff.  

8. Multifamily Complex Reimbursement for Recycling Collection Services: N.J.S.A. 40:67-23.3 and N.J.S.A. 40:66-1.3, pertain to the provision of or reimbursement for certain municipal services to condominium and apartment complexes, respectively.  To the extent that reimbursement is provided by a municipality, it is advised that prior to any reimbursement being issued, the municipality ensures that recycling is taking place in the complex in a manner that complies with the municipal recycling ordinances, and that all mandated recyclable materials are being kept source separated from other solid waste.  The municipality should verify a satisfactory level of recycling compliance each and every year, prior to issuing reimbursement to each complex.
     

9. Municipal Recycling and Solid Waste Program Report: As stated above, in its revised recycling ordinance, each municipality must accept the MSW Recycling Goal.  Each municipality shall annually submit a report to the district recycling coordinator to describe the recycling programs currently in place, especially with respect to the mandated materials and the recommended materials to be recycled, and any new programs it plans to implement in order to increase recycling.  The report shall state the amount of additional recycling tonnage needed to achieve the MSW Recycling Goal and provide an explanation of the means to achieve these additional tonnages.  The report will be in the form of a questionnaire and will be provided by the MCMUA.  The report will include a detailed description of the recycling programs established at all municipal buildings and grounds including parks and athletic fields.