[Adopted 12-21-2010 by Ord. No. 110-10]
The following matters, things, conditions or acts and each of
them are hereby declared to be the "Source Separation and Recycling
Procedure Ordinance of the Borough of Bloomsbury," hereinafter referred
to as "this article."
This article shall be construed to secure its expressed intent,
which is to implement the uniform municipal source separation and
recycling procedure for residential and nonresidential establishments
and create the position of Municipal Recycling Coordinator.
As used in this article, the following terms shall have the
meanings indicated:
Branches, woody plants and other similar vegetative material.
Leaves and grass do not constitute brush. The collection of this material
shall be at the discretion of Council.
All entities which operate or conduct any business whatsoever
which cannot be included within the definitions of a residential dwelling
or multifamily housing complex.
Glass containers, glass bottles and jars, aluminum cans,
bimetal cans, tin cans, plastic bottles and plastic containers.
The implementing agency for the Hunterdon County Solid Waste
Management Plan, the Hunterdon County Utilities Authority.
Those materials designated within the Hunterdon County District Solid Waste Management Plan to be source-separated for the purpose of recycling. This listing may be amended periodically at the discretion of the Hunterdon County Utilities Authority. See § 225-26, Designated recyclable materials.
Vegetative material typically generated in the autumn when
they fall from trees and then are raked from residents' and/or
commercial lawns. The collection of this material shall be at the
discretion of Council.
Any property comprised of a commercial, industrial or industrial
establishment and a residential property.
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. (See N.J.S.A. 13:1E-99.13a.)
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, educate and
promote the provisions of this article and any rules and regulations
which may be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of Bloomsbury.
Those materials which 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.
All of the rules and regulations establishes by the Mandatory
Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.),
recycling rules promulgated by the New Jersey Department of Environmental
Protection (N.J.A.C. 7:26A-1.1 et seq.), the Hunterdon County Recycling
Plan, and this article.
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 rental 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 (N.J.S.A. 55:13A-1 et seq.).
Any building or structure or complex of buildings in which
fewer than three dwelling units are owner-occupied or rented or leased
or offered for rental or lease for residential purposes. (See N.J.S.A.
13:1E-99.13a.)
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
As of September 2010 these materials include:
A.
Designated recyclable materials for the generators of residential,
commercial, industrial and institutional waste:
(1)
Corrugated
cardboard. Containers and similar paper items usually used to transport
supplies, equipment, parts or other merchandise.
(2)
Mixed
office and computer paper. Any and all types of office-type paper,
including but not limited to computer paper, high-grade white paper,
typing paper, copier paper, onion skin, tissue paper, note pads, envelopes,
manila folders and colored paper, or any mix thereof.
(3)
Newspaper.
All paper marketed as newsprint or newspaper and containing at least
70% newsprint or newspaper (American Forest and Paper Association
Grade Nos. 6, 7 and 8 news). May include glossy inserts.
(4)
Other
paper, magazines and junk mail. All paper which is not defined as
corrugated, mixed office paper, computer paper or newspaper. Includes
construction paper, junk mail, magazines and soft-cover books.
(5)
Glass
containers. All glass containers used for packaging food or beverages.
This includes clear, brown and green glass. Caps and lids are not
included.
(6)
Aluminum
cans. Food and beverage containers made entirely of aluminum. Specifically
omitted from this definition are aluminum foil and aluminum plates.
(7)
Steel
(tin) cans. Rigid containers made exclusively or primarily of steel
or tin-plated steel and steel and aluminum cans used to store food,
beverages, and a variety of other household, pet and consumer products.
(8)
Plastic
containers. Containers including polyethylene terephthalate (PETE
No. 1) soda bottles, high-density polyethylene (HDPE No. 2) and milk,
water or detergent. Caps and lids are not included.
B.
Additional designated recyclable materials for the generators of
commercial, industrial and institutional waste:
(1)
White
goods and light iron. All 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
and other nonstructural ferrous scrap.
(2)
Antifreeze.
All automotive engine coolant consisting of a mixture of ethylene
glycol and water or propylene glycol and water.
(3)
Lead
acid batteries. Batteries from automobiles, trucks, other vehicles
and machinery and equipment. This does not include consumer batteries.
(4)
Used
motor oil. Petroleum-based or synthetic oil which, through use, storage
or handling, has become unsuitable for its original purpose due to
the presence of impurities or loss of original properties.
(5)
Tires.
Rubber-based scrap automotive, truck or specialty (e.g. forklift)
tires. The tires must be recycled at a facility approved by the New
Jersey Department of Environmental Protection.
C.
Designated recyclable materials from generators of residential waste
that are collected by Hunterdon County:
(1)
Antifreeze.
All automotive engine coolant consisting of a mixture of ethylene
glycol and water or propylene glycol and water.
(2)
Lead acid batteries. Batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer batteries. [See Subsection C(4).]
(3)
Used
motor oil. Petroleum-based or synthetic oil which, through use, storage
or handling, has become unsuitable for its original purpose due to
the presence of impurities or loss of original properties.
(4)
Household
batteries. Any type of button, coin, cylindrical rectangular or other
shaped enclosed device or sealed container which was utilized as an
energy source for commercial, industrial, medical, institutional or
household use. This does not include lead acid batteries from vehicles.
(5)
Mercury-containing
devices. Fluorescent and compact fluorescent tubes (Crs), high-intensity
discharge (HID) and neon lamps, electrical switches, thermostats and
any batteries containing mercury.
(6)
Petroleum-contaminated
soil. Nonhazardous soils containing petroleum hydrocarbons resulting
from spills, leaks or leaking underground storage tanks used for gasoline
or any other commercial fuel and which are recycled in accordance
with the requirements of N.J.A.C. 7:26A-1.1 et seq. [Note: This material
can be recycled at Class B facilities (for example, authorized asphalt
manufacturers).]
A.
Each owner, tenant or occupant of residential and nonresidential
premises, which shall include but not be limited to retail and other
commercial locations as well as government, school and other institutional
locations, shall be responsible for providing sufficient containers
so as to keep all commingled recyclables contained therein, except
for those types of items that may be bundled or tied or otherwise
presented for collection as described in this article. Such containers
shall be watertight and strong enough so that their contents do not
fall out when the containers are picked up and emptied. The number
of containers and the weight limitation of their contents shall be
determined by Council.
B.
Newspaper, cardboard and other paper shall be presented for curbside
recycling pickup in the manner periodically described by the Hunterdon
County Utilities Authority.
C.
Leaves shall be deposited curbside in a manner for collection to
be at the discretion of and determined by Council.
D.
Brush and Christmas trees shall be deposited for collection in a
manner to be at the discretion of and determined by Council.
A.
In order to carry out the requirements of the New Jersey Mandatory
Source Separation and Recycling Act ("Act") and the Hunterdon County
Recycling Plan ("Plan"), the position of Municipal Recycling Coordinator
is hereby established.
B.
The Municipal Recycling Coordinator will be annually appointed by
the Mayor with the concurrence of Borough Council and will serve a
term of one year.
C.
The Municipal Recycling Coordinator will report to the governing
body and/or the Borough Administrator at least once annually on the
status of the Municipal Recycling Program and shall from time to time
advise and make recommendations as to how the requirements set forth
in this article may be effectuated.
D.
The Municipal Recycling Coordinator will attend all Municipal Recycling
Coordinator meetings that the Borough Council deems to be important.
This includes meetings that may be conducted by the state, the county
or other appropriate organizations.
E.
The Municipal Recycling Coordinator shall promote the Municipal Recycling
Program by educating citizens, businesses, institutions, and organizations
of the need to participate in the Municipal Recycling Program and
shall explain to citizens, businesses, institutions and organizations
the provisions of this article.
F.
Unless otherwise designated by the Mayor, the Municipal Recycling
Coordinator shall be responsible for collecting and compiling all
applicable data required for the filing of the annual tonnage report.
A.
It shall be mandatory for all persons who are owners, tenants, or
occupants of residential and nonresidential premises, which shall
include but not be limited to retail and other commercial locations
as well as government, school and other institutional locations within
the Borough of Bloomsbury, to separate designated recyclable materials
from all solid waste. Designated recyclable materials shall be deposited
separate and apart from other solid waste generated by the owners
or occupants of such premises and shall be placed separately at the
curb in a manner and on such days and times as may be hereinafter
established by the Borough Council.
B.
Unless the municipality provides for the collection of designated
recyclable materials, every owner and/or occupant of residential or
nonresidential premises must contract with a private contractor for
the removal and disposition of recyclable materials as set forth in
this article. Residential recycling contracts must comply with the
provisions of this article and must further provide for not less than
monthly pickup.
C.
In the event that a municipal, county, state or out-of-state facility
accepts mandatory recyclable material as set forth in this article,
then the residential and/or nonresidential owner or occupant may utilize
such facility to the extent permitted by the owner or operator of
such facility.
A.
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. Violations and penalty
notices will be directed to the occupant. In instances where the violator
is not easily identifiable, violations and penalty notices will be
directed to the owner/management. The owner/management shall issue
notification and collection rules to occupants when they arrive and
at least twice annually during their occupancy.[1]
B.
An occupant(s) and/or owner(s) of any residential property failing
to abide by the state, county, and municipal recycling rules and regulations
of this section may be fined not less than $50 for the first violation,
not less than $100 for the second violation, and not less than $250
for each successive violation. No fine shall exceed $250.
A.
The occupant(s) and owner(s) of any multifamily housing shall be
responsible for compliance with this article. The management or owner
is responsible for setting up and maintaining a recycling system in
conformance with this article, including the collection of recyclable
materials. Unless the municipality provides for the collection of
designated recyclable materials, the owner of each multifamily housing
complex is responsible for providing a recycling depot for the entire
complex. The depot shall be equipped with owner- or contractor-supplied
receptacles for each category of designated recyclable material.
B.
An occupant within or owner of a multifamily housing complex failing
to comply with any state, county, or municipal rules and the requirements
of this section may be fined not less than $50 for the first violation,
not less than $100 for the second violation, and not less than $250
for each successive violation. No fine shall exceed $250.
C.
The owner/management shall issue notification and collection rules
to new tenants when they arrive and at least twice annually during
their occupancy.
D.
Unless the municipality provides for the collection of designated
recyclable materials, the owner of each multifamily housing complex
shall report to the Municipal Recycling Coordinator by February 15
of each year the recycling activity of the prior year. The report
shall include the amount of recycled material by material type and
the vendor or vendors providing recycling service. The information
must be supplied to the Municipal Recycling Coordinator and directed
to the attention of the Municipal Recycling Coordinator by name and
address. The county must also be copied on this information.
E.
An owner (or his/her agent) failing to abide by any state, county,
and municipal recycling rules and the rules and regulations of this
section may be fined up to $250 for violation.
A.
All commercial, industrial and institutional generators of solid
waste shall be required to comply with all state, county and municipal
recycling rules.
B.
Arrangement for collection of designated recyclables shall be the
responsibility of the commercial, institutional or industrial occupant.
All commercial, institutional or industrial property owners which
provide outdoor litter receptacles and disposal service for their
contents shall also provide receptacles for designated recyclable
materials, for those materials commonly deposited, in the location
of the litter receptacle, and shall provide for separate recycling
service for their contents.
C.
Every occupant of a commercial, industrial or institutional facility
or its designee (including solid waste and recycling transporters)
shall cooperate in communicating recycling activity. Such communication
shall include reporting to the Municipal Recycling Coordinator by
February 15 of each year the occupant's recycling activity for the
prior year. The report shall include the amount of recycled material
by material type and the vendor or vendors providing recycling service.
The information must be supplied to the Municipal Recycling Coordinator
and directed to the attention of the Municipal Recycling Coordinator
by name and address. The county must also be copied on this information.
D.
If the property owner provides recycling collection services for
the occupants of the property, the owner or its designee (including
solid waste and recycling transporters) shall cooperate in communicating
recycling activity. Such communication shall include reporting to
the Municipal Recycling Coordinator by February 15 of each year the
recycling activity on the property in the prior year. The report shall
include the amount of recycled material by material type and the vendor
or vendors providing recycling service. The information must be supplied
to the Municipal Recycling Coordinator and directed to the attention
of the Municipal Recycling Coordinator by name and address. The county
must also be copied on this information.
E.
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.
F.
A commercial, industrial or institutional occupant or owner failing
to abide by any state, county and municipal recycling rules and regulations
of this section may be fined not less than $250 for the first violation,
not less than $500 for the second violation, and not less than $1,000
for each subsequent violation.
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. The solid waste collectors are obligated to
place a warning notice or sticker or some other device indicating
that the load of solid waste contains designated recyclable materials
and that the generator must separate such recyclable material before
the solid waste is collected. 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 resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this article and the local sanitary
code.
C.
Once placed in the location for collection, no person, other than
those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle solid waste or designated recyclable materials.
D.
A solid waste collector failing to abide by the rules and regulations
of this section and any state, county, and municipal recycling rules
may be fined not less than $250 for the first violation, not less
than $500 for the second violation, and not less than $1,000 for each
subsequent violation.
A.
A minimum of once a year or when necessary to reflect program or
regulatory modifications, all solid waste transporters will notify
all customers:
(1)
What materials are designated to be source-separated from solid waste
and must be recycled and that these items are prohibited in solid
waste.
(2)
That discovery of designated recyclable items in solid waste may
result in the waste not being collected and that the generator is
subject to a monetary fine.
(3)
That documentation of proof of solid waste and recycling collection
service must be maintained and that this documentation must be made
available to the property owner, municipality or county upon request.
B.
Solid waste transporters are prohibited by law from collecting solid
waste containing mandated recyclable materials.
C.
No later than February 15 of each year, all solid waste companies
will provide a detailed report of all recycling activities to all
commercial and institutional solid waste customers. The report will
include a breakdown of the materials collected for recycling, the
total weight of each material collected for recycling and the recycling
market for each of the materials collected. The information must be
supplied to the Municipal Recycling Coordinator and directed to the
attention of the Municipal Recycling Coordinator by name and address.
The county must also be copied on this information.
D.
No later than February 15 of each year, all solid waste transporters
will provide each municipality and the county with a summarization
of recycling activity in that municipality, including totals of all
residential, commercial and institutional recycling. The report will
include a breakdown of the materials collected for recycling, the
total weight of each material collected for recycling and the recycling
market for each of the materials collected. The information must be
supplied to the Municipal Recycling Coordinator and directed to the
attention of the Municipal Recycling Coordinator by name and address.
The county must also be copied on this information.
E.
Failure of the solid waste transporter to comply with the provisions
of this article and any pertinent municipal recycling ordinance shall
constitute a violation and subject the solid waste transporter to
those penalties as prescribed in the pertinent municipal recycling
ordinance and state recycling regulations.
Unless the solid waste and recycling collection services have
otherwise been provided for by the municipality, pursuant to N.J.S.A.
40:66-5.1, all residential, commercial, industrial and institutional
generators of solid waste must, upon request by the municipality,
supply proof that solid waste and recycling collection services have
been contracted by the generator. The information requested for proof
of service may include provision of weight receipts or billing statements.
The procedure by which the municipality may request receipts or other
documentation must be detailed in a process approved by the governing
body of the municipality.
A.
Unless the Borough provides for the collection of solid waste and/or
bulky waste and recyclable material waste, every owner and/or occupant
of residential or nonresidential premises must contract with a private
contractor for the removal and disposition of said solid and/or bulky
waste and recyclable material waste as set forth in this article.
B.
Where the Borough provides for the collection of solid waste and/or
bulky waste and recyclable material waste, the expenses of said solid
waste, bulky waste and recyclable material waste collection shall
be raised by general taxation, levied and assessed upon the tax ratables
of said Borough in the same way and manner as other Borough taxes.
