[HISTORY: Adopted by the Township Council
of the Township of Burlington as indicated in article histories. Amendments
noted where applicable.]
[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)]
As used in this article, the following terms
shall have the meanings indicated:
The cold residue from combustion of any type of solid fuel,
such as wood, coal, coke, charcoal, paper and/or any similar substance.
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]
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.
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]
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.
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.
Includes any individual, partnership, corporation, firm,
aggregation or association of persons.[1]
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.
Includes leaves and garden refuse.
[Added 9-8-2020 by Ord. No. 2020-OR-020]
[1]
Editor's Note: The former definitions of "sufficient" and
"suitable," which immediately followed this definition, was repealed 3-14-2023 by Ord. No. 2023-OR-005.
[Amended 3-14-2023 by Ord. No. 2023-OR-005]
The Division of Sanitation is directed to enforce
the provisions of this article.
No ashes, trash, rubbish, garden refuse and
garbage shall be collected or disposed of except in accordance with
the provisions of this article.
[Amended 9-23-2008 by Ord. No. 08-OR-025; 7-23-2013 by Ord. No. 2013-OR-0123; 3-14-2023 by Ord. No. 2023-OR-005]
A.
Township
function. The collection and disposal of ashes, brush, garbage, garden
refuse, trash and rubbish, and yard waste originating within the Township
is a municipal function, which may be provided by Township employees,
by a private party with whom the Township Council has awarded a contract
to provide solid waste collection services, or by a combination of
the two. The Division of Sanitation shall coordinate the collection
and disposal of solid waste.
B.
Other contracts.
Any person not receiving solid waste collection and disposal services
from the Township due to the character, quantity or type of material
sought to be collected, may contract with contractors licensed by
the State of New Jersey. Unless otherwise provided by the provisions
of this article, or any rule or regulation promulgated pursuant to
this article, said contract or contracting party shall not be subject
to the provisions of this article.
[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.
General
regulation. All materials and substances to be collected shall be
sorted and held in receptacles provided by the Township for automated
collection. A resident having household items of a larger or heavier
nature, which are unable to be collected, may contact the Division
of Sanitation to determine if special arrangements can be made for
the disposal of the items. The decision whether an item is collectible
shall be made by the Director of the Department of Public Works who
shall consider whether the item can be properly collected and disposed
of without unduly taxing the capacity of the Division.
[Amended 3-14-2023 by Ord. No. 2023-OR-005]
B.
Containers
regulated.
[Amended 9-22-2015 by Ord. No. 15-OR-026; 3-14-2023 by Ord. No. 2023-OR-005]
(1)
Township
receptacle required. The owner, agent, lessee, tenant and/or occupant
of every dwelling and other premises shall keep on such premises the
95 gallon receptacle provided by the Township for automated collection,
which receptacle shall remain the property of the Township. The owner
of the premises shall be responsible for the cost of any receptacle
that must be replaced.
(2)
Additional
receptacles. Additional 95 gallon or 65 gallon receptacles may be
acquired from the Division of Sanitation, but shall remain the property
of the Township. The cost for a receptacle shall be fixed by resolution
of the Township Council, which cost shall include the annual additional
expense to the Township for the cost of disposal.
(3)
Cover.
Any receptacle placed at the curb for automated collection shall be
closed to avoid the elements causing additional weight being added
to the receptacle.
(4)
Sanitary
condition. The person using the receptacle(s) shall be responsible
for keeping it clean and in proper condition.
C.
Collection
rules.
[Amended 3-14-2023 by Ord. No. 2023-OR-005]
(1)
Days
of collection. Once-weekly collection shall be made in accordance
with the annual schedule established by the Director of the Department
of Public Works. A copy of the schedule shall be kept in the Township
Clerk’s office and posted online.
(2)
Location
and time. The receptacle(s) shall be placed at the curb to facilitate
automated collection with the metal bar facing the street no earlier
than 5:00 p.m. on the day prior to the scheduled collection, and shall
be removed no later than 6:00 p.m. on the collection day.
(3)
Specified
hours of collection. Collection shall be made during the hours established
by the Director of the Department of Public Works. A copy of the hours
for the collection of solid waste shall be kept in the Township Clerk’s
office and posted online.
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.
F.
Truck or
roll-off access for noncollectible items. To facilitate the removal
of noncommercial items that the Director of Public Works, or his or
her designee, have determined are noncollectible, and for the disposal
of tree parts, the Division of Sanitation is authorized to provide
a truck or roll-off container to a resident or property owner without
charge.
[Amended 8-26-2014 by Ord. No. 14-OR-018; 3-14-2023 by Ord. No. 2023-OR-005]
G.
Stormwater
management provisions. Sweeping, raking, blowing or otherwise placing
yard waste that is not containerized at the curb or along the street
is only allowed during the seven days prior to a scheduled and announced
collection, and shall not be placed closer than 10 feet from any storm
drain inlet. Placement of such yard waste at the curb or along the
street at any other time or in any other manner is a violation of
this article. If such placement of yard waste occurs, the party responsible
for placement of the yard waste must remove the yard waste from the
street or said party shall be deemed in violation of this article.
[Added 9-8-2020 by Ord. No. 2020-OR-020]
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.
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.
[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).
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.
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.
As used in this article, the following definitions shall apply:
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.,
as amended and supplemented.
Empty food and beverage containers comprised of aluminum.
Excluded from this definition are aluminum aerosol cans, aluminum
foil and trays.
Liquid used in a cooling system that is mixed with water
and prevents the water from freezing. The solution serves as the engine
coolant.
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.
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.
Source-separated, nonputrescible, metal, glass and plastic
bottles coded No. 1 and No. 2; and paper and corrugated and other
cardboard.
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.
Source-separated compostable or anaerobically digestible
material such as source-separated food waste, biodegradable plastic
and yard trimmings.
Used oil, antifreeze, latex paints, thermostats, fluorescent
lamps (light bulbs), oil-based finishes, batteries, mercury-containing
devices and consumer electronics.
All commercial and industrial activities that operate for
profit and are involved in retail or manufacture of goods and services
provided for sale.
A combining of source-separated recyclable materials for
the purpose of recycling.
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.
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.
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.
Solid waste, food waste, or other material which adheres
to, or which is otherwise contained on or in, source-separated recyclable
materials.
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.
The Burlington County Board of Commissioners, and its successors
and assigns, acting through the Burlington County Division of Solid
Waste Management.
[Amended 3-14-2023 by Ord. No. 2023-OR-006]
Those designated recyclables that are placed for collection
within the parameters of the curbside collection program as outlined
herein.
A container(s) provided by the municipality or persons for
the temporary storage of recyclable materials within the residential
unit(s).
Less than 1% by volume.
The New Jersey Department of Environmental Protection.
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, No. 2 and No. 5), rechargeable batteries,
steel (tin) cans, textiles, tires and used motor oil.
[Amended 3-14-2023 by Ord. No. 2023-OR-006]
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.
The Burlington County Department of Solid Waste, its successors
and assigns.
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.
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.
Any person(s) who causes solid waste to be produced for any
purpose whatsoever.
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.
A replaceable unit that holds ink and the print nozzles for
ink-jet printers.
Any entity, either public or private, either for profit or
nonprofit, which operates for educational, charitable, religious,
fraternal or other public purpose.
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.
Vegetative material, typically generated in the autumn, which
fall from trees and are collected for removal from a property.
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.
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.
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.
The Township of Burlington located within the County of Burlington,
State of New Jersey.
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.
Residential, commercial and institutional solid waste generated
within a community.
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.
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.
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.
All bottles that are labeled as made from polyethylene terephthalate
(PET) and coded as No. 1, high-density polyethylene terephthalate
(HDPE) and coded as No. 2, and polypropylene terephthalate (PP) and
coded as No. 5. Specifically excluded are bottles that formerly contained
hazardous materials, including, but not limited to, paint, solvents,
motor oil and pesticides and herbicides.
[Amended 3-14-2023 by Ord. No. 2023-OR-006]
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.
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.
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).
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.
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.
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).
Any person residing within the municipality on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
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.
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.
Recyclable materials separated from the solid waste stream
at the point of generation.
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.
The New Jersey Solid Waste Management Act, as amended.[3]
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.
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.
Rubber wheels used on motorized transport or equipment whether
bias-ply, cross-ply or radial.
An exhausted replaceable cartridge containing toner powder
and sometimes the photosensitive drum on which a laser printer generates
the image to be printed.
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.
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.
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.
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.
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.
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.
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.
Carts.
[Amended 3-14-2023 by Ord. No. 2023-OR-006]
(1)
Cardboard
boxes shall be flattened to fit into the cart.
(2)
Carts
shall be placed at the curb with the lid opening facing the street.
(3)
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.
(4)
Carts
shall be placed in such a manner to avoid interference from overhead
obstructions.
(5)
Carts
shall be maintained in a neat and sanitary condition to deter vermin
and odors.
(6)
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.
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.
G.
The developer of a residential unit which is required to participate
in the curbside recycling program shall pay to the Township at the
time of the issuance of the certificate of occupancy the cost incurred
by the Township for the recycling cart/container or agree to reimburse
the Township for any expenditure made by it for the recycling cart/container.
[Added 2-12-2019 by Ord.
No. 2019-OR-007]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
