Township of Delran, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 208.
Property maintenance — See Ch. 257.
Salvage yards — See Ch. 274.
Abandoned vehicles — See Ch. 334.
[Adopted by Ord. No. 1987-6 (Sec. 17-3 of the 1993 Revised General Ordinances)]
[Amended by Ord. No. 1987-14; Ord. No. 1999-16]
For the purpose of this article, the following words shall be deemed to have the meanings herein given to them:
BUILDING MATERIALS
Any material, such as lumber, brick, plaster, gutters or other substances, accumulated as a result of repairs or additions to existing buildings, construction of new building or demolitions of existing structures.
HAZARDOUS SOLID WASTE
Materials such as poison, acids, caustics, chemicals, infected materials, offal, fecal matter and explosives.
HEAVY TRASH
Large bulky items, such as refrigerators, room air conditioners, stoves, washing machines, dryers, freezers, hot-water heaters, bedsprings, mattresses, sofas and any other bulky items of a household nature. It does not mean automobiles, loose leaves or trees.
INDUSTRIAL WASTE
All waste, including solids, semisolids, sludges and liquids, created by factories, processing plants or other manufacturing enterprises.
LITTER
Garbage, refuse, waste materials or any other discarded, used or unconsumed substance which is not handled as specified herein.
MINOR CONSTRUCTION MATERIAL
Earth, sand, bricks, stone, plaster or debris of similar substance which accumulates incidental to minor remodeling or alterations of buildings which does not exceed the weight and size limitations hereinafter set forth. The term "minor construction material" does not include debris resulting from the demolition of a building, concrete steps, walks, pools, the installation of a roof or the construction of a new building.
MULTIPLE-DWELLING UNIT
Any building or structure, and land appurtenant thereto, containing two or more apartments or rented or offered for rent to two or more tenants or family units. This shall also include condominium housing developments.
NONRESIDENTIAL USER
Any type of commercial, industrial or business establishment conducting a business for pecuniary profit.
PAPER
Newspapers, periodicals, cardboard and all other wastepaper.
RESIDENTIAL USER
A dwelling unit, inclusive of a house or a multifamily dwelling, used for residential purposes.
SOLID WASTE
Any waste material generated for disposal. Such items include those items generally known as ashes, garbage, trash, debris, rubbish and/or refuse. Included materials are rags, bulky items, earth, sand, bricks, mortar, domestic kitchen refuse and other materials generated by normal households, as well as all materials defined in this section.
SOLID WASTE COLLECTION CONTRACTOR
A person or firm for hire, properly licensed in the State of New Jersey, for the purpose of collection of solid waste.
STREET, SIDEWALK, CURB or ALLEY
Any accepted public street, curb, sidewalk or alley.
TREE AND SHRUBBERY TRIMMINGS
Waste accumulation of tree branches, tree limbs, parts of trees, bushes, shrubbery, cuttings or clippings or other matter usually created as refuse in the case of trees or bushes.
YARD TRASH
Waste accumulation of lawn, grass or shrubbery cuttings or clippings and dry leaf rakings free of dirt, rocks, large branches and bulky or noncombustible material.
A. 
Every residential user placing solid waste for collection from or in connection with residential property or a residential unit may have collection and removal provided for them by the Township, subject to the rules and regulations set forth within this article.
B. 
Disposal of trade waste, waste material, construction debris, hazardous waste and any items of solid waste not acceptable for collection as specified within this article shall be the responsibility of the property owner, the construction contractor or the producer thereof.
C. 
The service of refuse removal shall be conducted as an established public function of the Township and shall be financed by appropriations from general tax revenues.
[Amended by Ord. No. 1999-16]
A. 
Owner responsibility for collection. No solid waste from businesses and industries shall be collected by the Township. Such material shall be stored, collected, removed and disposed of by the owners or operators of businesses and industries at their own expense.
B. 
Storage of waste pending collection. All nonresidential users shall store their solid waste in containers, as specified herein, so as to eliminate wind-driven debris and unsightly litter in and about their establishments. The number of containers necessary for each establishment shall be as required to maintain a clean, neat, sanitary premises as directed by the municipal administrative authority. Spillage and overflow shall be immediately cleaned up by such establishment when and as it occurs. The Township may order installation of sealed receptacles of the compactor nature when practicable after an establishment has been twice convicted of a violation of this section.
C. 
Dumpsters. All dumpster-type commercial containers shall be enclosed by at least three-sided sight-proof fencing or shrubbery, as directed by the Township.
A. 
No person shall bring, cart, remove, transport or collect any solid waste, whether paper, construction debris, bulk items or hazardous waste, from outside the Township into the Township for the purpose of dumping or disposing thereof.
B. 
No person shall bring, cart, remove, transport or collect any solid waste, construction debris, hazardous waste or bulk items from a nonresidential user and place the same for collection with the solid waste of a residential use. In locations where residential and nonresidential users are located on the same premises, the solid waste shall be disposed of separately, in accordance with this article.
Collection schedules and methods of collection shall be as determined by the Township, provided that not less than one collection per week shall be made from each and every place to be served, and provided further that collections from residents shall not begin before 6:00 a.m. The citizens of the Township shall be informed of collection schedules or any changes therein by means of appropriate notices in the local newspaper and by such other means as may be found expedient.
A. 
All materials set or placed for collection by residential users shall be set or placed as near as possible upon or along the curbline and shall not be set or placed in any gutter, road or on any walk, sidewalk or public thoroughfare so as to interfere with public travel.
B. 
Collectors of solid waste are prohibited from entering upon any unaccepted land, street, service area, driveway or alley or any privately owned building or portion of any such building for the purpose of removing such waste material.
C. 
When it shall appear to be more efficient for collection by the Township, the Township, on written request or permission by the owner, may authorize Township collectors to enter upon and collect solid waste placed at the curbline or side line of unaccepted streets, lanes, alleys, driveways, service areas or other thoroughfare areas as they may designate, subject to such conditions as they may impose. Such collection service shall not, however, be construed to be an acceptance of any such unaccepted thoroughfare or area.
D. 
If solid waste of residential users is not placed in accordance with this article, the collector will not accept the waste for collection.
No person shall prevent or interfere with any agent, servant or employee of the Township, or any authorized contractor, engaged in the discharge of their duties, in the sweeping, cleaning or collection of any street or removal therefrom of solid waste.
[Amended by Ord. No. 1996-19; 4-4-2017 by Ord. No. 2017-3]
A. 
Appropriate containers shall be obtained by the owner, tenant, lessee or occupant of the premises from the Township. Containers shall be maintained in a clean, safe and good condition. Any container that does not conform to the provisions of this section or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall not be utilized. The collector shall have authority to refuse collection services for failure to comply herewith.
B. 
An appropriate container shall be either a ninety-six-gallon trash container or a sixty-four-gallon trash container and shall be obtained from the Township.
C. 
In no event shall any residential unit be entitled to set out for collection on each collection day a volume to exceed three total trash containers.
D. 
All trash must fit and be in the appropriate containers. No separate plastic bags or containers will be accepted.
A. 
Containers not complying with § 299-8, such as paper drums or plywood drums, shall not be utilized for the storage of solid waste, and inappropriate containers will be collected by the Township and disposed of.
B. 
No person shall place in any container any solid waste which could be injurious to the collectors thereof.
C. 
No solid waste shall be deposited upon any public street or any other public place, except at the curb for collection by the Township in accordance with this article.
[Amended by Ord. No. 1987-14]
Each and every owner, tenant, housekeeper or other person occupying any dwelling or structure, or portion thereof, shall be required to remove all empty containers from the curb within 24 hours after the collection has been made.
A. 
Solid waste. All solid waste shall be placed and maintained in containers as specified herein. All containers shall be kept covered at all times with tight-fitting covers. All solid waste shall have drained from it all free liquid and shall be wrapped, bagged or enclosed in proper containers.
B. 
Ashes. All ashes shall be placed in a container covered in such a manner as to prevent the contents of the container from becoming wet due to rain or snow. Ashes shall be cold and free from any hot coals to prevent the possibility of fire. The container with the ashes shall not exceed 40 pounds in weight.
C. 
Household trash. All household trash shall be drained of all liquids prior to its deposit in proper containers. Household trash may be combined with garbage or yard trash. Any items of household trash which are too large for containers and cannot be reduced to a size which can be placed in proper containers may be placed with tree and shrubbery trimmings no earlier than 5:00 p.m. the day next preceding the collection date for such material, provided that such items are covered or secured so as to avoid unsightly litter condition.
D. 
Dangerous solid waste items. All dangerous solid waste items of an injurious nature, such as broken glass, light bulbs, sharp pieces of metal, fluorescent tubes and television tubes, shall be securely wrapped to prevent injury of the collector.
E. 
Hazardous solid waste and building materials. No hazardous solid waste or building material shall be placed in any container for collection by the Township, and such materials shall not be collected by the Township.
F. 
Yard trash. Yard trash may be stored for collection in containers as described in this article. The contents of such containers shall not extend above the top rim thereof and shall be contained by tight-fitting lids or sealed enclosure to prevent the carrying or depositing thereof by the elements upon any street, sidewalk or public or private property. Containers of yard trash shall be placed at curbside for collection no earlier than 5:00 p.m. on the day next preceding the collection date.
G. 
Tree and shrubbery trimmings.
[Amended 4-5-2016 by Ord. No. 2016-4]
(1) 
Loose tree and shrubbery trimmings shall be collected by the Township from April 1 through October 15 of each year. No tree trunks, branches, limbs or shrubbery larger than four inches in diameter shall be collected. All trimmings shall be placed at the curbside in a manner so as not to cause obstruction of the public. No pile of yard trimmings bigger than four cubic yards (12 feet long by three feet high by three feet wide) will be picked up. Piles of yard trimmings larger than allowed by this section will be left at the curbside and the residential user shall have 10 calendar days to dispose of the pile.
(2) 
Yard trimmings shall not be collected by the Township unless they meet the following criteria:
(a) 
Uncut and left at full length and stacked with ends facing the same direction;
(b) 
Contain no leaves or vines;
(c) 
Piled in a neat and manageable condition as determined by the collector;
(d) 
Are equal to or less than four inches in diameter.
(3) 
Residential users may not put out a pile of yard trimmings for collection for at least 21 days from the last yard trimmings collection.
(4) 
Tree and shrubbery branches, root balls, tree stumps, limbs and trimmings cut by landscape or tree service contractors or other commercial workers, or resulting from land being cleared, or resulting from cut down trees, shall not be collected by the Township. Residential users with proof of address within the Township may bring the above-listed items to the Public Works Yard for disposal during normal business hours and the first and third Saturday of the month, 8:00 a.m. to 12:00 noon. No root ball or tree stump that is greater than 12 inches in diameter, 2.5 feet in length, or has a root mass of 20 square feet may be brought to the Public Works Yard.
Any person who shall be in viol
ation of § 299-11D shall pay a penalty of $50 upon the first conviction. Subsequent convictions shall be subject to the
penalties set forth in § 1-5, Violations and penalties, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended by Ord. No. 1987-14]
All accumulations of solid waste shall be stored or placed for collection in accordance with the following provisions:
A. 
Public streets, private property. No person shall place any accumulations of solid waste in any street, median strip, alley or other public place of travel nor upon any private property, except as stated herein.
B. 
Blockage of storm drains. No person shall place any yard trash or solid waste containers on, upon or over any storm drain or so close thereto as to be drawn by the elements into same.
C. 
Unauthorized accumulations. Any unauthorized accumulation of solid waste on any lot, property, premises, public street, alley or other public or private place is hereby declared to be a public nuisance and is prohibited. Failure of the owner or occupant to remove and correct any such unauthorized accumulation of solid waste shall be deemed a violation of this article.
D. 
Junk. It shall be unlawful for any person to place or leave outside any building or dwelling any dilapidated furniture, appliance, machinery, equipment, building material or other item which is either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition. Any such item or items which remain on the property of the occupant for a period of seven days after notice of violation of this subsection shall be presumed to be abandoned and subject to being removed from the property by the Township without further notice. This shall not apply to authorized junk dealers or establishments engaged in the repair, rebuilding, reconditioning or salvaging of equipment.
E. 
Appliances. It shall be unlawful for any person to leave outside any building, in a place accessible to children, any appliance, refrigerator or other container of any kind which has an airtight snap lock or similar device without first removing the lock or door from such appliance, refrigerator or container. This law shall not apply to any appliance, refrigerator or container which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.
F. 
Leaves. Leaves shall be placed in containers and placed for collection at curbside. From April 1 through May 1 and from September 1 through December 15, loose leaves may also be placed for collection at curbside by the Township. At no other time or location will loose piles of leaves be collected by the Township.
G. 
Containers. No containers shall be stored in front of a home or in front of the building line closest to the street. If a side yard fronts a street, it shall be the duty of the tenant, owner or occupant to enclose containers to prevent wind-driven debris and public nuisance.
H. 
Location of containers. The Construction Official shall have the authority to determine the proper container location in private property when not specifically stated herein.
A. 
No person shall cause to scatter solid waste or litter on any public or private street, waterway, sidewalk, alley, sewer or other public place, or on to any occupied or unoccupied premises within the Township.
B. 
It shall be unlawful for any vehicle transporting loose materials within the Township to transport same without suitable covers.
[1]
Editor's Note: See also Ch. 208, Littering.
The removal of clothing, bedding or other refuse from homes or other places where highly infectious diseases have prevailed shall be performed under the supervision and direction of the Township or the Burlington County Health Department. Such refuse shall not be placed in containers for Township collection.
[Amended by Ord. No. 1987-14]
A. 
No person shall place any solid waste, hazardous materials or yard trimmings on any land owner by, or upon easements granted to, the Township of Delran.
B. 
The Township may maintain a compost site as approved by the New Jersey Department of Environmental Protection for the purpose of composting materials. The Township may grant access to composting facilities to others only after approval by the Township Council. Other dumping shall not be permitted.
[Adopted by Ord. No. 1988-16 (Sec. 17-4 of the 1993 Revised General Ordinances); amended in its entirety 10-20-2010 by Ord. No. 2010-15]
The Township of Delran 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 the Township 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 chapter is adopted pursuant to 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.
The following definitions shall apply as used in this chapter:
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 Nos. 1 and 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 of the Township 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 providing 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 Electronics Waste Recycling Act, P.L 2008, § 130 et seq.[1] 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 the Township, 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 Nos. 1 and 2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.
DISPOSITION OR DISPOSAL 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 inkjet printers.
INSTITUTIONAL ESTABLISHMENT
Any entity, either public or private, either for profit or nonprofit, who 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 § 3 of the "Hotel and Multiple Dwelling Law," N.J.S.A. 55: 13A-1 et seq. and N.J.S.A. 40:66-1.2 et seq.
MUNICIPALITY
The Township of Delran located within the County of Burlington, State of New Jersey.
MUNICIPAL RECYCLING DEPOT
A site owned and operated by the Township 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 50% 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 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 material (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 box cars) 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.
SWMA
The New Jersey Solid Waste Management Act, as amended.
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.
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-yourself" used oil generators.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.94 et seq.
Notwithstanding the limitations to the Burlington County Regional Program (BCRP) or the Municipal Recycling Depot as outlined within this chapter, every person is required to source-separate and recycle each of the designated recyclable materials outlined within this chapter.
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 Township.
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 Nos. 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 Township 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 § 299-22 of this chapter 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.
(1) 
Determinations for this exemption shall be at the discretion of the Township.
All recyclables placed for collection pursuant to the curbside program established within § 299-21 of this chapter 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, box-like containers.
(2) 
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.
(a) 
Boxes shall be flattened as to fit into the cart.
(b) 
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.
(3) 
Carts shall be placed at the curb with the lid opening facing the street.
(4) 
Carts shall be placed in such a manner so as to leave at least three feet of clear space around each side of the cart.
(a) 
Carts shall be placed in such a manner so as to avoid interference from overhead obstructions.
(5) 
Carts shall be maintained in a neat and sanitary condition so as 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. 
Recycling carts/containers may not be used for any other purpose whatsoever.
D. 
Removal of recycling carts/containers by any person is prohibited.
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.
A. 
There is hereby established a Township Depot Program for the convenience of the residents. Source-separated recyclables listed below may be brought to the recycling drop-off during the times and days advertised by the Township.
B. 
The following source-separated recyclables will be accepted at the Township Recycling Depot:
(1) 
Aluminum cans.
(2) 
Corrugated cardboard.
(3) 
Glass containers.
(4) 
Paper.
(5) 
Plastic bottles (coded Nos. 1 and 2).
(6) 
Steel (tin) cans.
(7) 
Other recyclable materials as designated by the Township.
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 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 Nos. 1 and 2).
(6) 
Steel (tin) cans.
(7) 
Other recyclable materials as designated by the Township.
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 is 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 § 299-26, Recycling reporting requirements, except where collection services are provided by the Burlington County Regional Program.
All persons generating municipal solid waste within the Township 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 chapter.
A. 
Designated recyclable materials for the mandatory commercial and institutional source separation program shall consist of the following materials.
(1) 
Designated materials:
(a) 
Aluminum cans.
(b) 
Antifreeze.
(c) 
Consumer electronics.
(d) 
Corrugated cardboard.
(e) 
Fluorescent lights.
(f) 
Glass containers.
(g) 
Lead-acid batteries.
(h) 
Leaves.
(i) 
Metal appliances.
(j) 
Paper.
(k) 
Plastic bottles (coded Nos. 1 and 2).
(l) 
Rechargeable batteries.
(m) 
Steel (tin) cans.
(n) 
Textiles.
(o) 
Tires.
(p) 
Used motor oil.
(q) 
Ink jet cartridges.
(r) 
Toner cartridges.
(s) 
Other recyclable materials as designated by the Township.
B. 
The owner or manager of each and every commercial and institutional source shall be required to report recycling tonnages as described in § 299-26.
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.S.A. 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 the Township, 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:
(1) 
Any person, 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 chapter.
(2) 
Any person to violate, cause, or assist in the violation of any provision of this chapter or any provision of the County Plan concerning recycling.
(3) 
Any person to place or to cause to be placed any material other than a designated recyclable in or near a recycling depot.
(4) 
Any person to hinder, obstruct, prevent or interfere with the Township, the county or any other authorized persons in the performance of any duty under this chapter or in the enforcement of this chapter.
(5) 
Any person to offer to collect or knowingly collect designated recyclable materials in any manner except as source-separated recyclable materials as defined herein.
(6) 
Any person required to provide a report as required under this chapter 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 the Township shall refuse to collect solid waste from any person who has failed to source-separate recyclables designated under any applicable section of this chapter.
B. 
Any person collecting solid waste generated within the Township shall refuse to collect solid waste from any person who has placed solid waste into a Township-issued recycling container.
A. 
Notwithstanding anything herein to the contrary, any resident of the Township 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 the Township 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 chapter 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 Township on the effective date of this chapter.
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 chapter, unless such renewal or such contract shall conform to the requirements of this chapter.
A. 
Enforcement of this chapter shall be the responsibility of the Township of Delran Zoning Officer, the Code Enforcement Officer, the Public Works Director and/or the Delran Township Police Department.
B. 
In addition to the Township of Delran Zoning Officer, the Code Enforcement Officer, the Public Works Director and/or the Delran Township Police Department, the Burlington County Health Department and the DSW are hereby appointed as enforcement officer(s) for enforcement of all recycling requirements of this chapter.
C. 
Enforcement of this chapter shall be commenced in the Superior Court or in the municipal court of the Township, 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 Township when the Township 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 chapter shall upon conviction thereof in a proceeding before a court of competent jurisdiction be subject to the following fines:
(1) 
Misuse of recycling containers/carts for trash, theft of containers: A fine of not less than $65 and not more than $100.
(2) 
Residential recycling violation: A fine of not less than $25 and not more than $1,000.
(3) 
Scavenging: A fine of not less than $50 and not more than $1,000.
(4) 
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 chapter: 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 chapter: 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 chapter: A fine of not less than $500 and not more than $1,000.
B. 
Each continuing day of violation of this chapter shall constitute a separate offense.
In addition to any other remedy provided in this chapter, the Township may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this chapter for an injunction to restrain a violation of this chapter or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 299-32 hereof. The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence, exercise or any remedy shall not prevent the Township or the County from exercising any other remedy provided by this chapter or otherwise provided by law or equity.
The terms and provisions of this chapter are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This chapter shall be construed in pari materi with the SWMA and the County Plan.