Township of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Burlington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, weeds, trees and debris — See Ch. 140.
Construction and demolition activities — See Ch. 192.
Housing standards — See Ch. 318.
Littering — See Ch. 337.
Property maintenance — See Ch. 442.
[Adopted 7-14-1970; amended 4-13-1971; 1-22-1974; 3-12-1975; 8-14-1990; 5-28-1991; 10-22-2002; 10-28-2003 (Sec. 17:2 of the 1975 General Ordinances)]

§ 512-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ASHES
The cold residue from combustion of any type of solid fuel, such as wood, coal, coke, charcoal, paper and/or any similar substance.
BRUSH
All brush and limbs up to 12 inches in diameter shall be cut in four-foot lengths and neatly stacked for removal by the Public Works Department as a special pickup operation. Said piles may not be placed at the curb any sooner than five days prior to the scheduled weeks for collection. Logs and limbs larger than 12 inches in diameter and stumps will not be removed by the Public Works Department, but are the responsibility of the property owner. If a resident contracts a commercial service to trim or remove trees, it will be the responsibility of the commercial services for removal and disposal of the trees, limbs and branches.
[Added 9-22-2015 by Ord. No. 15-OR-026]
GARBAGE
Any waste material in the process of or subject to decomposition or decay incident to ordinary domestic or business use or purpose and shall include among other things kitchen refuse, animal or vegetable matter, decaying and decomposing substances.
GARDEN REFUSE
Includes small tree branches, hedge, bush and vine trimmings, stalks of vegetables and plants, weeds and similar substances and/or materials found in residential yards, but shall not mean leaves in bulk, tree trunks or portions thereof or large tree branches.
[Amended 9-22-2015 by Ord. No. 15-OR-026]
LANDFILL
The controlled process of depositing refuse in trenches dug specifically for that purpose or in low areas specifically used for this purpose, compacted thoroughly in layers in a volume less than the volume of the original refuse with all exposed surfaces completely covered at the end of each day's operation with a quantity of dirt.
OCCUPANT
The owner, agent, tenant, lessee, caretaker or any other person in charge of any premises affected by this article, whichever classification may be appropriate and effective for its enforcement.
PERSON
Includes any individual, partnership, corporation, firm, aggregation or association of persons.
SUFFICIENT
Enough receptacles for each premises to eliminate the need for baskets, cartons, paper bags, etc.
SUITABLE
A receptacle, as herein defined, having a closely fitted cover or lid, so constructed as to prevent spillage or leakage of its contents. Such receptacles shall have adequate handles and shall be kept in a clean condition.
TRASH and RUBBISH
All miscellaneous materials such as rags, leather goods, rubber, tin cans, broken glass, crockery, and/or similar materials or substances, but shall not include items which are contained in the Recycling Ordinance (Article II of this chapter), such as newspapers, bottles and aluminum along with logs, sand, bricks, mortar or other substances which may accumulate from building operations.

§ 512-2 Enforcement official.

The Division of Sanitation of the Department of Public Works within the Township of Burlington shall be the enforcement official charged with the responsibility of enforcing the provisions of this article.

§ 512-3 Collection prohibited.

No ashes, trash, rubbish, garden refuse and garbage shall be collected or disposed of except in accordance with the provisions of this article.

§ 512-4 Authorized collections.

[Amended 9-23-2008 by Ord. No. 08-OR-025; 7-23-2013 by Ord. No. 2013-OR-0123]
A. 
Township function. Within the limitations hereinafter established, the collection and disposal of ashes, trash, rubbish, garden refuse and garbage within the jurisdiction of the Township of Burlington is hereby declared the municipal function of the governing body of the Township of Burlington. From the date of passage and publication of this article, in accordance with law, the Township of Burlington assumes responsibility for the collection and disposition of ashes, trash, rubbish, garden refuse and garbage.
B. 
Division of Sanitation. The collection, removal and disposal of ashes, trash, rubbish, garden refuse and garbage within the jurisdiction of the Township of Burlington shall be coordinated by the Department of Public Works, Division of Sanitation, of the Township of Burlington in accordance with provisions of this article and any supplemental rules and regulations, provisions of state law, State Department of Health and Senior Services rules and regulations, and the ordinances of the Township Council of the Township of Burlington. The Division of Sanitation shall operate under the general supervision of the Mayor and Council of the Township of Burlington.
C. 
Other contracts. Any person not serviced by the Division of Sanitation due to the character, quantity or type of material sought to be collected may enter into contracts with appropriate contractors licensed by the State of New Jersey to perform this service. Unless otherwise provided by the provisions of this article or any rule or regulation promulgated pursuant to this article, said contract or said contracting party shall not be subject to the provisions of this article.

§ 512-5 Collections regulated.

[Amended 10-26-2004 by Ord. No. 04-OR-024; 4-26-2005 by Ord. No. 05-OR-011; 10-11-2005 by Ord. No. 05-OR-029; 10-25-2005 by Ord. No. 05-OR-034; 8-8-2006 by Ord. No. 06-OR-026; 4-10-2007 by Ord. No. 07-OR-009; 5-8-2007 by Ord. No. 07-OR-010; 4-22-2008 by Ord. No. 08-OR-007; 9-23-2008 by Ord. No. 08-OR-025; 12-23-2008 by Ord. No. 08-OR-034; 3-27-2012 by Ord. No. 12-OR-005; 4-24-2012 by Ord. No. 12-OR-007; 7-23-2013 by Ord. No. 2013-OR-0123]
A. 
In general. All materials and substances to be collected shall be sorted and held in receptacles as defined herein. Any ashes, trash, rubbish, garden refuse and/or garbage of such a nature or size that it cannot be placed in a receptacle shall be properly and securely tied into bundles or packages to prevent spilling or scattering. Such bundles or packages shall be of a size to permit ease of handling by one man and shall not in any case weigh more than 60 pounds when full and shall not exceed three feet in length. All ashes shall be cool to the touch and capable of being handled. Residents having household items of a larger or heavier nature than permitted under this article may notify the Division of Sanitation. The Division of Sanitation shall instruct the resident as to whether or not special arrangements can be made for the disposal of the item and the necessary steps to be taken by the resident in this regard. The decision on whether or not said items are collectible shall rest upon the ability of the Division of Sanitation to properly collect and dispose of said items without unduly taxing the capacity of this Division. Users desiring collections greater than those allowed by the provisions of this article by either amount or number, but within the capacity of the Division to handle, may be required by the Division of Sanitation as a condition to collection to provide special containers in accordance with standards to be promulgated by the Division.
B. 
Containers regulated.
(1) 
Receptacles required. The owner, agent, lessee, tenant and/or occupant of every dwelling and other premises shall provide and keep on such premises sufficient and suitable receptacles for the receiving and holding of the substances and/or materials referred to herein.
(2) 
Materials. All receptacles shall be of metal or plastic sufficiently strong for collection purposes and have the capacity of no more than 45 gallons and weigh no more than 60 pounds filled. They shall be watertight and shall have a close-fitting metal or plastic cover.
[Amended 9-22-2015 by Ord. No. 15-OR-026]
(3) 
Cover. Filled receptacles shall be kept covered awaiting collection.
(4) 
Location. All receptacles shall be set by the occupant at the curbline before the time set for the collection on the days specified in Schedule 1, which is attached hereto and made a part hereof.[1]
[1]
Editor's Note: Schedule I is on file in the Township offices.
(5) 
Sanitary condition. The occupant shall keep all receptacles clean and in proper condition for safe handling.
(6) 
Removal. After the receptacles are emptied by the Division of Sanitation, they shall be returned to the point from which they are taken by said personnel and removed by the owner.
(7) 
Plastic bags. Plastic trash bags may be substituted for metal/plastic containers only when using them for normal household trash. These bags must be securely tied and of sufficient strength to allow being picked up without tearing or breaking.
(8) 
Garbage; handling. No garbage shall be placed for collection in paper bags, boxes or corrugated receptacles; all garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper and placed in suitable receptacles.
(9) 
Paper. Paper shall be securely and properly tied in bundles or other packages in a manner to prevent any scattering while waiting or during collection. The bundles or packages shall be of a size and weight to permit being placed in a receptacle as herein defined. All pasteboard and corrugated boxes and papers shall be collapsed and securely tied.
(10) 
Leaf collection. Bagged leaves will not be collected if placed in biodegradable paper bags. No plastic bags containing leaves will be collected.
(11) 
Nonconforming receptacles. Receptacles that are badly broken or otherwise fail to meet the requirements may be treated as rubbish and collected and disposed of as such by the Division of Sanitation responsible for the collection thereof. In lieu thereof, the Division of Sanitation may affix a notice to containers which do not qualify under the requirements of this article, indicating that the containers do not qualify and that further use of said containers may result in confiscation of the containers, refusal to make the collection as specified in this article and/or fines. If, at the next regularly scheduled collection date, said containers still do not conform to the requirements of this article, the Division of Sanitation may:
(a) 
Collect the containers as specified above;
(b) 
Refuse to made the collections as specified in this article; and/or
(c) 
Issue complaints cognizable in the Township Municipal Court of violations of this article.
(12) 
Paper bags.
(a) 
Paper bags may be used for recycling of newspapers, cardboard, paper, etc., in lieu of bundling when being placed out for pickup.
C. 
Collection rules.
(1) 
Days of collection. Collection, not to exceed two per week, shall be made during the days indicated on Schedule 1 attached here to and made a part of hereof.[2]
[2]
Editor's Note: Schedule I is on file in the Township offices.
(2) 
Placement regulated. Receptacles shall not be set out for collection except during the hours of the day or days scheduled for collection thereof or during the hours of the evening before such day or days.
(3) 
Location and condition of receptacles. Receptacles shall be conveniently located on the premises for the storage of substances and/or materials referred to in this article and shall be maintained in such a manner as to prevent the creation of a nuisance or menace to health.
(4) 
Maximum number. The maximum number of receptacles, bags, parcels, bundles or any combination of the above that may be collected from any one dwelling unit on any one collection day shall be six.
(5) 
Specified hours of collection. Collections shall be made commencing no earlier than 7:00 a.m., Monday through Friday, prevailing time, and no later than 6:00 p.m. In the event of an unusual delay, emergency breakdown or holiday, Saturday collection may be made commencing no earlier than 8:00 a.m. and no later than 5:00 p.m. or dusk, whichever comes first. Burlington Township may authorize, in any case, an earlier commencement hour or later completion hour, for a limited number of days. No collection shall be made on Sundays.
D. 
Acts prohibited. It shall be unlawful for any person to:
(1) 
Receptacles prescribed. Place or store any of the substances and/or materials referred to in this article in any paper bags, parcel, wooden keg or barrel, basket, drum or any type of container whatsoever other than the type of receptacle herein specified.
(2) 
Material handling. Collect, pick up, rake up, or in any other way disturb substances and/or materials referred to in this article and deposited in receptacles or otherwise laid or placed on any curb, street or public street for collection, except as may be otherwise provided by the provisions of this article.
E. 
Noncollectible items. The following refuse shall be considered not acceptable for collection by the Division of Sanitation at curbside pickup:
(1) 
Industrial material. Industrial waste materials or substances such as poisons, acids, caustics, noxious chemicals, infested materials, explosives and ammunition, or any other materials likely to cause injury to persons employed or damage to equipment used in making collections.
(2) 
Commercial material. Commercial waste material or substances in such a volume that they require special collection devices, such as a Dempsey dumpster or other like or similar device, which require the Township to go upon the land of private citizens within the Township to effect collection.
(3) 
Quantities. Quantities of materials in an amount greater than that permitted by this article resulting from the demolition, repair, excavation or construction of buildings, structures, or such earth, plaster, mortar, lumber or roofing materials.
(4) 
Loose piles. Loose piles of vegetation or tree branches, unless properly prepared for collection. Said loose piles of leaves can be placed to the curb no sooner than one week prior to the scheduled collection date, unless contained in a temporary corral-type enclosure readily accessible to leaf collecting apparatus. Said loose piles shall not be placed closer than 10 feet from any storm drain inlet.
(5) 
Nonprepared items. Materials which have not been prepared for collection in accordance with the standards set forth in this article.
(6) 
Prohibited by state regulations. Materials which cannot be disposed of in accordance with the standards and regulations prescribed by the Department of Health and Senior Services and the State of New Jersey for disposal of waste materials in the sanitary landfill method.
(7) 
Prohibited by Recycling Ordinance. Items listed under the Recycling Ordinance (Article II of this chapter): papers, cardboard, glass, cans, and vegetative matter.
F. 
Truck access for noncollectible items.
[Amended 8-26-2014 by Ord. No. 14-OR-018]
(1) 
To facilitate the removal of items that have been deemed noncollectible by the Division of Sanitation, the Department of Public Works and Utilities is hereby authorized to provide access to a truck or roll-off container to residents and property owners of the Township. The following fees are applicable:
(a) 
Two-cubic-yard on-site truck rental: $45.
(b) 
Ten-cubic-yard roll-off container rental: $95.
(2) 
Any additional tipping fee charged by the entity where the material is disposed will be billed upon invoice receipt and will be the responsibility of the renter.
(3) 
Truck and roll-off container access will not be approved for industrial, hazardous or commercial waste requiring special collection devices and/or disposal. Truck and container rentals will not be approved for commercial properties.
(4) 
Trucks and roll-off containers used by residents for the disposal of tree limbs, leaves, grass and weeds will not be assessed a rental fee.

§ 512-6 Township compost facility.

A. 
Designation. Except as provided in this section, no person may maintain, own, operate or control within the Township of Burlington a sanitary landfill dump or depository for trash debris or garbage or other such like or similar materials. Said land set forth below is designated as a compost area for the Township of Burlington, County of Burlington, and State of New Jersey. Those lands are designated as:
Block 38, Lots 1 and 2, 5 through 20 and 21 through 25
Block 46, Lots 8 through 26
Block 49, Lots 1 through 5 and 12 through 29
Block 57, Lots 1 through 15
Block 64, Lots 13 through 32
Block 65, Lots 1 through 32
Block 72, Lots 1 and 4 through 37
Block 73, Lots 1 through 17
Block 80, Lots 1 through 20
Block 81, Lots 1 through 13
Block 82, Lots 1 through 9
B. 
Entrance and use regulations.
(1) 
Use of an entrance upon the lands designated in Subsection A above is limited and restricted to the enforcement authority under the provisions of this article, and such other individuals who are authorized by the Township Council by resolution or this article to make use of the compost site shall be subject to reasonable rules and regulations established by the New Jersey Department of Environmental Protection. It shall be unlawful and is a violation of this article for any other person or persons to use or enter upon the above-described lands except in conformity with the provisions of this section.
(2) 
No individual, firm, corporation or person other than an authorized employee or representative of the Township of Burlington shall have or make use of the compost site authorized and owned by the Township of Burlington.
(3) 
Use of the lands designated in Subsection A above is restricted and limited to Burlington Township residents only. It shall be unlawful and is a violation of this article for any other person or persons to use or enter upon the above-described lands except in conformity with the provisions of this section. Nonresidents and commercial establishments are not permitted use of the on-site dumpsters.
C. 
Hours regulated. The Township Council of the Township of Burlington may by resolution specify the hours when the compost site referred to in Subsection A above may be used by the inhabitants of the Township of Burlington. The Township Council by resolution may restrict, limit and otherwise regulate such usage in order to prevent overtaxation of the compost facilities maintained by the Township of Burlington.
D. 
Additional usage controlled. Any person or persons desiring to deposit garden refuse, for example, tree limbs or leaves, or metal items, for example, oven, dishwasher or refrigerator, in the compost facility specified in Subsection A above, but who are not included in Subsection C above, must first receive authorization from the Department of Public Works and Utilities to gain access to the facility.
E. 
Rules and regulations.
(1) 
State rules. The compost facility of the Township of Burlington shall be operated in accordance with rules and regulations promulgated by the Department of Environmental Protection concerning the operation of compost facilities.
(2) 
Deposit areas regulated. No person or persons or legal entity shall deposit any rubbish, trash or any other prohibited material in any place within the compost facility. No person or persons or legal entity shall deposit any permitted material in any place in the compost facility except those areas marked for such material and as directed by the person in charge at the time.
(3) 
Gates closed except when specified. The gates of the compost facility area shall be kept in a closed and locked position except during those hours so designated by the Township Council by resolution for the area to be opened for use by authorized person or persons or legal entities. During the hours which the compost facility areas shall be opened, it shall be supervised by personnel authorized by the Township Council of the Township of Burlington.

§ 512-7 Additional regulations.

Township Council may by resolution establish additional rules and regulations covering the collection and disposal of ashes, trash, refuse, garden refuse and garbage. Said rules and regulations upon promulgation shall be posted on the bulletin board maintained by the Township of Burlington and published in a newspaper acceptable for general legal advertisement by the Township of Burlington. The Township Council shall have specific authority to amend the provisions of Schedule 1[1] attached hereto and made a part hereof by resolution to increase, decrease or change the number of collections per week and the days of collection in any zone.
[1]
Editor's Note: Schedule 1 is on file in the Township offices.

§ 512-8 Violations and penalties; enforcement procedures.

A. 
Any person violating the provisions of this article, upon conviction, shall be subject to the penalties set forth in Chapter 1, Article II, Definitions; General Penalty.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
B. 
Nothing herein contained shall prevent the Township of Burlington from seeking injunctive relief to prevent violations of the provisions of this article, and said remedies shall be considered to be in addition to such other remedies as are specified in this article.
[Adopted 7-13-2010 by Ord. No. 10-OR-016[1]]
[1]
Editor's Note: This ordinance also superseded former Art. II, Recycling, adopted 10-11-2005 by Ord. No. 05-OR-032 (Sec. 17:9 of the 1975 General Ordinances).

§ 512-9 Purpose.

The Township of Burlington finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA and the County Plan. The recycling of certain materials from the residential, commercial and institutional establishments in this municipality will conserve existing landfill capacity, facilitate the implementation and operation of other forms of resource recovery and conserve natural resources through reduced energy consumption, reduced water and air pollution as well as reduce the demand on raw material extraction.

§ 512-10 Statutory authority.

This article is adopted pursuant to P.L. 1987, c. 102 (effective April 20, 1987),[1] N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1 and any amendments adopted thereto.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.1 et seq.

§ 512-11 Definitions.

As used in this article, the following definitions shall apply:
ACT or SWMA
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.
ALUMINUM CAN
Empty food and beverage containers comprised of aluminum. Excluded from this definition are aluminum aerosol cans, aluminum foil and trays.
ANTIFREEZE
Liquid used in a cooling system that is mixed with water and prevents the water from freezing. The solution serves as the engine coolant.
BURLINGTON COUNTY REGIONAL PROGRAM
The program utilized for the collection of those recyclable materials as designated by the Department of Solid Waste from residential curbside, participating multifamily and participating school collection programs.
CERTIFIED RECYCLING COORDINATOR
A person who shall have completed the requirements of a course of instruction in various aspects of recycling program management, as determined and administered by the Department of Environmental Protection.
CLASS A RECYCLABLE MATERIAL
Source-separated, nonputrescible, metal, glass and plastic bottles coded No. 1 and No. 2; and paper and corrugated and other cardboard.
CLASS B RECYCLABLE MATERIAL
Source-separated, nonputrescible waste concrete, asphalt, brick, block, asphalt-based roofing, scrap and wood waste; source-separated, nonputrescible waste materials other than metal, glass, paper, plastic containers, corrugated and other cardboard resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings, pavements and other structures; source-separated whole trees, tree trunks, tree parts, tree stumps, brush and leaves, provided that they are not composted; source-separated scrap tires; and source-separated petroleum contaminated soils.
CLASS C RECYCLABLE MATERIALS
Source-separated compostable or anaerobically digestible material such as source-separated food waste, biodegradable plastic and yard trimmings.
CLASS D RECYCLABLE MATERIAL
Used oil, antifreeze, latex paints, thermostats, fluorescent lamps (light bulbs), oil-based finishes, batteries, mercury-containing devices and consumer electronics.
COMMERCIAL ESTABLISHMENT
All commercial and industrial activities that operate for profit and are involved in retail or manufacture of goods and services provided for sale.
COMMINGLED
A combining of source-separated recyclable materials for the purpose of recycling.
COMMON AREA RECYCLING STORAGE LOCATION
A location designed in accordance with the land use ordinances[1] of this municipality as required for multifamily dwellings with more than 20 residential units where curbside collection is not provided under the Burlington County regional program.
CONDOMINIUM COMPLEX
A group of units, arranged horizontally or vertically, where the form of ownership of real property under a master deed provides for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
CONSUMER ELECTRONICS
Computer equipment, including desktop and laptop computers and related components, including monitors, circuit boards, terminals, and CPUs, and peripheral equipment, including keyboards, printers, copiers, and fax machines. It shall also include VCRs, CD players, DVD players, and cellular phones. Consumer electronics shall not include televisions as defined herein until such time as such devices are banned at solid waste disposal facilities in accordance with the Electronic Waste Management Act, P.L 2008, c. 130 et seq.,[2] and any amendments thereto.
CONTAMINANT
Solid waste, food waste, or other material which adheres to, or which is otherwise contained on or in, source-separated recyclable materials.
CORRUGATED AND OTHER CARDBOARD
All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam, foil or wax-coated or soiled corrugated cardboard.
COUNTY
The Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Division of Solid Waste Management.
CURBSIDE DESIGNATED RECYCLABLES
Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.
CURBSIDE RECYCLING CONTAINER
A container(s) provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).
DE MINIMIS
Less than 1% by volume.
DEP or DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials to be source-separated in this municipality including but not limited to aluminum cans, antifreeze, consumer electronics, corrugated cardboard, fluorescent lights, glass containers, lead-acid batteries, leaves, metal appliances, paper, plastic bottles (coded No. 1 and No. 2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.
DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
The transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months, or for a period of time as mandated by law, of designated recyclable materials for all possible uses except for disposal as solid waste.
DSW
The Burlington County Department of Solid Waste, its successors and assigns.
FIBER
All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books, chipboard, corrugated and other cardboard and similar cellulosic material whether shredded or whole, but excluding wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.
FLUORESCENT LIGHTS
A lighting system which works by creating electric arcs inside a gas-rich tube to produce ultraviolet light, then converting this to visible fluorescent light by its passage through a layer of phosphor on the inside of the glass.
GENERATOR
Any person(s) who causes solid waste to be produced for any purpose whatsoever.
GLASS
All clear (flint), green, and brown (amber) colored glass containers. Glass shall not include crystal, ceramics, light bulbs, plate, window, laminated, wired or mirrored glass.
INK-JET CARTRIDGE
A replaceable unit that holds ink and the print nozzles for ink-jet printers.
INSTITUTIONAL ESTABLISHMENT
Any entity, either public or private, either for profit or nonprofit, which operates for educational, charitable, religious, fraternal or other public purpose.
LEAD-ACID BATTERY
Storage batteries with lead electrodes and that contain dilute sulfuric acid as the electrolyte. These include starting batteries, such as vehicle batteries, marine batteries, small sealed lead-acids and deep cell batteries used to power vehicles or marine accessories such as trolling motors, winches or lights.
LEAVES
Vegetative material, typically generated in the autumn, which fall from trees and are collected for removal from a property.
METAL APPLIANCES
Appliances composed predominantly of metal, including stoves, washing machines, dryers and water heaters. Also included are all Freon-containing appliances, including air conditioners, freezers, refrigerators and dehumidifiers.
MOBILE HOME PARK
Any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:18-61.7 et seq.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings or structures in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes, whether privately or publicly financed, except 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.) and N.J.S.A 40:66-1.2 et seq.
MUNICIPALITY
The Township of Burlington located within the County of Burlington, State of New Jersey.
MUNICIPAL RECYCLING DEPOT
A site owned and operated by a municipality for the receipt and temporary storage of certain designated Class A recyclable materials delivered by residents, small commercial and nonprofit establishments for a period not exceeding two months, prior to their transport to a recycling center or end market.
MUNICIPAL SOLID WASTE
Residential, commercial and institutional solid waste generated within a community.
MUNICIPAL SOLID WASTE STREAM
Residential, commercial and institutional waste in the context of the statewide solid waste management plan update, which constitutes the waste stream, used to calculate the state-mandated fifty-percent recycling rate. This waste stream includes waste Types 10 and 23.
PAPER
All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material whether shredded or whole, but excluding tissue and towel paper, wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food-contaminated or soiled paper.
PERSON
Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency of any other entity or any group of such persons, which is recognized by law as the subject of rights and duties.
PLASTIC BOTTLES
All bottles that are labeled as made from polyethylene terapthalate (PET) and coded as No. 1 and high-density polyethylene terapthalate (HDPE) and coded as No. 2. Specifically excluded are bottles that formerly contained hazardous materials, including, but not limited to, paint, solvents, motor oil and pesticides and herbicides.
PUTRESCIBLE WASTE
Organic material which is capable of, and prone to, a rapid process of biological and biochemical decomposition, under anaerobic or aerobic conditions, resulting in the formation of malodorous byproducts.
QUALIFIED PRIVATE COMMUNITY
A residential condominium, cooperative or fee simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction comprised of a community trust or other trust device, condominium association, homeowners' association or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No "proprietary campground facility," as defined in Section 1 of P.L. 1993, c.258 (N.J.S.A. 45:22A-49), shall be considered to be a qualified private community.
RECHARGEABLE BATTERIES
Batteries used in portable electronic devices composed of nickel cadmium (Ni-Cd), nickel metal hydride (Ni-MH), lithium ion (Li-ion) and small sealed lead (Pb).
RECYCLABLE MATERIALS
Materials that would otherwise become solid waste that can be separated, collected and/or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING
Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING CENTER
A facility designed and operated solely for receiving, storing, processing or transferring source-separated recyclable materials (Class A, Class B, Class C and/or Class D recyclable materials).
RESIDENT
Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.
SCRAP METAL
Bits and pieces of metal parts (for example, bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (for example, radiators, scrap automobiles, railroad boxcars) which when worn or superfluous, can be recycled. Included are all ferrous and nonferrous metals, including appliances and appliances containing refrigerants.
SOLID WASTE
Garbage, refuse and other discarded materials, as defined in N.J.S.A. 13:1E-1, et seq. and N.J.S.A. 48:13A-1, et seq.
SOURCE SEPARATED
Recyclable materials separated from the solid waste stream at the point of generation.
STEEL CAN
Empty food, beverage and aerosol containers comprised of tin, steel or a combination thereof, which formerly contained only nonhazardous substances or such other substances as have been approved for recycling by Department of Solid Waste.
SWMA
The New Jersey Solid Waste Management Act, as amended.[3]
TELEVISION
A stand-alone display system containing a cathode ray tube or any other type of display primarily intended to receive video programming via broadcast, having a viewable area greater than four inches measured diagonally, able to adhere to standard consumer video formats and having the capability of selecting different broadcast channels and support sound capability.
TEXTILES
Clean, dry clothing or other fabric measuring at least one foot by one foot in size. It shall not include material that is wet or mildewed.
TIRES
Rubber wheels used on motorized transport or equipment whether bias-ply, cross-ply or radial.
TONER CARTRIDGE
An exhausted replaceable cartridge containing toner powder and sometimes the photosensitive drum on which a laser printer generates the image to be printed.
TYPE 10 MUNICIPAL SOLID WASTE
Waste originating in the community consisting of household waste from private residences, commercial waste which originates in wholesale, retail or service establishments, such as restaurants, stores, markets, theatres, hotels and warehouses, and institutional waste material originated in schools, hospitals, research institutions and public buildings.
TYPE 13 BULKY WASTE
Large items of waste material, such as appliances and furniture. Discarded automobiles, boats, trucks and trailers and large vehicle parts, and tires are included under this category.
USED OIL
Any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use, is contaminated by physical or chemical impurities, or unused oil that is contaminated by physical or chemical impurities through storage or handling and is determined to be a solid waste by the generator.
USED OIL COLLECTION CENTER
The municipal recycling center that manages used oil and accepts and/or aggregates and stores used oil collected from used oil generators regulated under N.J.A.C. 7:26A-6.4 that bring used oil to the collection center in shipments of no more than 55 gallons pursuant to N.J.A.C. 7:26A-6.4(e). Used oil accumulation centers may also accept used oil from household do-it-yourselfer used oil generators.
[1]
Editor's Note: See Ch. 330, Land Development.
[2]
Editor's Note: See N.J.S.A. 13:1E-99.94 et seq.
[3]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.

§ 512-12 Requirements applicable to source separation of designated recyclables.

Notwithstanding the limitations to the Burlington County regional program (BCRP) or the municipal recycling depot as outlined within this article, every person is required to source separate and recycle each of the designated recyclable materials outlined within this article.

§ 512-13 Establishment of curbside program.

A. 
In order to facilitate the collection of certain designated recyclable materials, there is hereby established a curbside program for the collection of source-separated recyclable material from residents of the municipality.
B. 
Designated recyclable materials for the curbside program are those materials designated by the DSW for collection within the BCRP. These materials are aluminum cans, corrugated cardboard, glass containers, paper plastic bottles (coded 1 and 2), steel (tin) cans and other recyclable materials as may be designated from time to time by the DSW.
C. 
Multifamily complexes of 20 or more units, condominium complexes of 20 or more units or mobile home parks of 20 or more units, or any commercial or institutional establishment shall not receive collection under this program unless the collection location and type of containers are approved by the DSW.
D. 
Collections of recyclable materials pursuant to this section shall be in accordance with a schedule of recycling collection areas and dates promulgated by DSW and publicly advertised by the municipality or county.
E. 
All residents served by the curbside program shall source separate all designated recyclables for curbside collection and shall place them at the side of the road fronting their residence in the manner designated by § 512-14 of this article and on the date specified for collection.
F. 
Residents who are physically unable to place recyclable materials out for collection within the Burlington County regional program shall be exempt from requirements for participation within the program. Determinations for this exemption shall be at the discretion of this municipality.

§ 512-14 Requirements applicable to source separation and collection of designated recyclables for the curbside program.

All recyclables placed for collection pursuant to the curbside program established within § 512-3 of this article shall be source-separated and prepared for collection in accordance with the following conditions:
A. 
Cardboard and paper shall be placed in paper bags or tied in bundles not exceeding 35 pounds in weight nor exceeding one foot in thickness.
(1) 
Cardboard and paper shall not be set out for recycling collection in plastic bags, recycling buckets or box-like containers.
(2) 
Carts.
(a) 
In those locations where carts are provided for the collection of corrugated cardboard and paper, those materials shall be placed in the carts that are provided by the municipality.
[1] 
Boxes shall be flattened as to fit into the cart.
[2] 
Where cardboard boxes are too large to be placed in the cart and where there are too many boxes to fit within the cart, cardboard boxes must be flattened and placed alongside the cart for collection.
(b) 
Carts shall be placed at the curb with the lid opening facing the street.
(c) 
Carts shall be placed in such a manner so as to leave at least two feet of clear space around each side of the cart.
(d) 
Carts shall be placed in such a manner so as to avoid interference from overhead obstructions.
(e) 
Carts shall be maintained in a neat and sanitary condition so as to deter vermin and odors.
(f) 
Carts are the property of the municipality and may not be used for any other purpose or to contain any other material.
B. 
Glass containers, aluminum cans, steel cans and plastic bottles.
(1) 
Remove all caps and lids and dispose of as solid waste.
(2) 
Glass containers, aluminum cans, steel cans and plastic bottles shall be rinsed free of contaminants.
(3) 
Glass containers, aluminum cans, steel cans and plastic bottles shall be placed in a recycling container provided by the municipality.
(4) 
Plastic and/or paper garbage bags shall not be utilized as containers for glass containers, aluminum cans, steel cans and plastic bottles.
C. 
Municipally provided recycling carts/containers may not be used for any other purpose whatsoever.
D. 
Removal of recycling carts/containers provided by the municipality by any person is prohibited.[1]
[1]
Editor's Note: Ord. No. 10-OR-017, adopted 7-13-2010, provided that the Department of Public Works would charge the actual cost to the Township for the replacement of a recycling bucket.
E. 
Recyclables shall not be placed for collection earlier than the evening of the day preceding a scheduled collection day. Recyclables must be placed at the roadside by 6:00 a.m. on the scheduled collection day.
F. 
All other terms and phrases shall be as defined in the SWMA and regulations promulgated thereunder and the County Plan, unless content clearly requires a different meaning.

§ 512-15 Establishment of municipal recycling depot program.

A. 
There is hereby established a municipal depot program for the convenience of the residents. Source-separated recyclables listed below may be brought to 902 Lake Avenue during the times and days advertised.
B. 
The following source-separated recyclables will be accepted at the municipal recycling depot:
(1) 
Aluminum cans.
(2) 
Antifreeze.
(3) 
Consumer electronics.
(4) 
Fluorescent lights.
(5) 
Glass containers.
(6) 
Lead-acid batteries.
(7) 
Leaves.
(8) 
Metal appliances.
(9) 
Paper.
(10) 
Plastic bottles (coded 1 and 2).
(11) 
Rechargeable batteries.
(12) 
Steel (tin) cans.
(13) 
Textiles.
(14) 
Tires.
(15) 
Used motor oil.
(16) 
Ink-jet cartridges.
(17) 
Toner cartridges.
(18) 
Other recyclable materials as designated by the municipality.

§ 512-16 Requirement to provide common area recycling storage locations.

A. 
It shall be the responsibility of the owner or manager of every multifamily, qualified private community and mobile home park to construct and maintain, in a neat and sanitary condition, recycling storage location(s) and recycling containers on their property in accordance with § 330-113B of the Land Development ordinances of the Township of Burlington entitled "Design of containment areas for designated recyclable materials on residential sites," and in accordance with the requirements of the Burlington County Department of Solid Waste Management.
B. 
Designated source-separated recyclables:
(1) 
Aluminum cans.
(2) 
Corrugated cardboard.
(3) 
Glass containers.
(4) 
Paper.
(5) 
Plastic bottles (coded 1 and 2).
(6) 
Steel (tin) cans.
(7) 
Other recyclable materials as designated by the municipality.
C. 
The owner or manager of each and every one of the above referenced locations shall notify all new residents within 30 days of occupancy and all other residents no less than two times each calendar year of the recycling location(s), the list of materials that are required to be recycled, the location of all recycling containers and the requirements of recyclable material preparation.
D. 
The owner or manager of each and every one of the above referenced locations who elects not to participate in the Burlington County regional program shall arrange for the collection and recycling of the designated recyclable materials outlined within this section at their own expense as allowed by law.
E. 
The owner or manager of each and every one of the above referenced locations shall be required to report recycling tonnages as described in § 512-18, Recycling reporting requirements, except where collection services are provided by the Burlington County regional program.

§ 512-17 Mandatory commercial and institutional source-separation program.

All persons generating municipal solid waste within this municipality through the operation of a commercial or institutional establishment shall source separate and arrange for collection of all designated recyclables within 30 days of the effective date of this article.
A. 
Designated recyclable materials for the mandatory commercial and institutional source-separation program shall consist of the following materials:
(1) 
Aluminum cans.
(2) 
Antifreeze.
(3) 
Consumer electronics.
(4) 
Corrugated cardboard.
(5) 
Fluorescent lights.
(6) 
Glass containers.
(7) 
Lead-acid batteries.
(8) 
Leaves.
(9) 
Metal appliances.
(10) 
Paper.
(11) 
Plastic bottles (coded 1 and 2).
(12) 
Rechargeable batteries.
(13) 
Steel (tin) cans.
(14) 
Textiles.
(15) 
Tires.
(16) 
Used motor oil.
(17) 
Ink-jet cartridges.
(18) 
Toner cartridges.
(19) 
Other recyclable materials as designated by the municipality.
B. 
The owner or manager of each and every commercial and institutional source shall be required to report recycling tonnages as described in § 512-18.
C. 
The arrangement for collection of designated recyclables for disposition hereunder shall be the responsibility of the individual(s) responsible for the provision of solid waste or recycling services, including the provision or maintenance of litter receptacles located on the property of any commercial or institutional establishment generating designated recyclables.

§ 512-18 Recycling reporting requirements.

Pursuant to N.J.A.C. 7:26A-10.3 all multifamily housing owners, mobile home parks, commercial and institutional housing owners or their agents shall report the tonnage of designated recyclable materials collected for recycling from their business or premises, as follows:
A. 
The management individual(s) responsible for the provision of recycling services as herein defined at all residential, commercial, institutional and industrial properties that contract for recycling services with a private company shall submit to the Municipal Recycling Coordinator, by the first day of February of each year, documentation verifying the previous year's total recycling (expressed by weight) for each material recycled.
B. 
Documentation shall take the form of a letter or report issued by the recycling service provider or end market to the generator of the recycled material. The generator must maintain weight slips or paid invoices and make such records available for inspection by this municipality, county or state for a period not to exceed five years.
C. 
Any solid waste or recycling service provider shall submit to the Municipal Recycling Coordinator, by the first day of February of each year, documentation verifying the previous year's total recycling (expressed by weight) for each material recycled as prescribed by the DSW.
D. 
At a minimum, all reporting shall detail the municipality of origin, the name and location of the market or recycling center and the amount of each source-separated recyclable material, expressed in gallons, tons or cubic yards, brought to each manufacturer or recycling center from the municipality of origin. Those persons specifying this information in cubic yards shall also indicate the conversion ratio utilized for calculating the materials from cubic yards to tons.

§ 512-19 Unlawful activities; nuisance.

A. 
It shall be unlawful for any person:
(1) 
Other than those persons authorized, to collect any designated recyclable which has been placed at the roadside for collection or within a recycling depot pursuant to this article;
(2) 
To violate, cause, or assist in the violation of any provision of this article or any provision of the County Plan concerning recycling;
(3) 
To place or to cause to be placed any material other than a designated recyclable in or near a recycling depot.
(4) 
To hinder, obstruct, prevent or interfere with this municipality, the county or any other authorized persons in the performance of any duty under this article or in the enforcement of this article.
(5) 
To offer to collect or knowingly collect designated recyclable materials in any manner except as source-separated recyclable materials as defined herein.
(6) 
Required to provide a report as required under this article to fail to do so.
B. 
All unlawful conduct set forth in this section shall constitute a public nuisance.

§ 512-20 Noncollection of solid waste.

A. 
Any person collecting solid waste generated within this municipality shall refuse to collect solid waste from any person who has failed to source separate recyclables designated under any applicable section of this article.
B. 
Any person collecting solid waste generated within this municipality shall refuse to collect solid waste from any person who has placed solid waste into a municipally issued recycling container.

§ 512-21 Other means of disposal.

A. 
Notwithstanding anything herein to the contrary, any resident of the municipality may donate or sell any recyclable to any other person, whether operating for a profit or not for profit; provided, however, that the person receiving the recyclables shall not, under any circumstances, collect the donated or sold material from an established recycling collection route or from a recycling depot without prior written permission from this municipality for such collection.
B. 
Permission for such collection shall not be given for any day other than a Saturday or Sunday, and in no case shall such permission be given to collect recyclables from a recycling depot.

§ 512-22 Noninterference with existing contracts; conformance with requirements.

A. 
Nothing contained in this article shall be construed to interfere with or in any way modify the provisions of any existing contract which is consistent with N.J.S.A. 13:1E 29 and in force in the municipality on the effective date of this article.
B. 
No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclables shall be entered into after the effective date of this article, unless such renewal or such contract shall conform to the requirements of this article.

§ 512-23 Enforcement.

A. 
Enforcement of this article shall be the responsibility of the Municipal Coordinator or designee who will enforce.
B. 
In addition to Burlington Township, the Burlington County Health Department and the DSW are hereby appointed as Enforcement Officer(s) for enforcement of all recycling requirements of this article.
C. 
Enforcement of this article shall be commenced in the Superior Court or in the municipal court of the municipality, and penalty or fine shall be collected with costs in a summary civil proceeding.
D. 
Any penalties or fines collected in an enforcement action shall be paid to the municipality when the municipality brings such action.
E. 
Any penalties or fines collected in an enforcement action shall be paid to the Treasurer of Burlington County when such action is brought by the Burlington County Health Department or the DSW.

§ 512-24 Violations and penalties.

A. 
Any person who violates the provisions of this article shall, upon conviction thereof in a proceeding before a court of competent jurisdiction, be subject to the following fines:
(1) 
For misuse of recycling containers/carts for trash, theft of containers: a fine of not less than $65 and not more than $100.
(2) 
For a residential recycling violation: a fine of not less than $25 and not more than $1,000.
(3) 
For scavenging: a fine of not less than $50 and not more than $1,000.
(4) 
For a commercial or institutional violation: a fine of not less than $500 and not more than $1,000.
(5) 
For any person who offers to collect recyclable materials in any manner except as prescribed within this article: a fine of not less than $1,000 and not more than $4,500.
(6) 
For any solid waste or recycling service provider who fails to report as required within this article: a fine of not less than $500 and not more than $1,000.
(7) 
For any management individual(s) responsible for the provision of recycling services as herein defined at all residential, commercial, institutional and industrial properties that contract for recycling services with a private company who fails to report as required within this article: a fine of not less than $500 and not more than $1,000.
B. 
Each continuing day of violation of this article shall constitute a separate offense.

§ 512-25 Injunctions; concurrent remedies.

In addition to any other remedy provided in this article, the municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 512-24 hereof. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence, exercise or any remedy shall not prevent the municipality or the county from exercising any other remedy provided by this article or otherwise provided by law or equity.

§ 512-26 Construal of provisions.

The terms and provisions of this article are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This article shall be construed in pari materi with the SWMA and the County Plan.