[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 11-20-1989 by Ord. No. 1989-12; amended in its entirety 2-15-2011 by Ord. No. 2011-1-001. Subsequent amendments noted where applicable.]
The Township of Lumberton 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 chapter is adopted pursuant to P.L. 1987, c. 102 (effective
April 20, 1987), N.J.S.A. 40:48-2, 40:66-1 and 40:49-2.1, and any
amendments adopted thereto.
As used in this chapter, 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
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
of this municipality[1] 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 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.
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, 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 Chosen Freeholders, and its
successors and assigns, acting through the Burlington County Division
of Solid Waste Management.
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 and No. 2), rechargeable batteries, steel
(tin) cans, textiles, tires and used motor oil.
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
inkjet printers.
Any entity, either public or private, either for profit or
nonprofit, who 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 guesthouses serving
transient or seasonal guests as those terms are defined under Subsection
(j) of § 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.
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 50% recycling
rate. This waste stream includes Waste Types 10 and 23.
The Township of Lumberton located within the County of Burlington,
State of New Jersey.
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 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.
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 by-products.
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 § 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 material (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 box cars) 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 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,[3] as amended.
A standalone 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, theaters, 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 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 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.
All recyclables placed for collection pursuant to the curbside program established within § 227-5 of this chapter shall be source separated and prepared for collection in accordance with the following conditions:
A.
Cardboard and paper shall be set out in carts provided by this municipality.
(1)
Boxes shall be flattened as to fit into the cart.
(2)
Where cardboard boxes are too large to be placed in the cart and
where there are too many boxes to fit within the cart, cardboard boxes
must be flattened and placed alongside the cart for collection.
(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 two
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.
Municipally provided recycling carts/containers may not be used for
any other purpose whatsoever.
D.
Removal of recycling carts/containers provided by the municipality
by any person is prohibited.
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 Municipal Depot Program for the convenience
of the residents. Source-separated recyclables listed below may be
brought to the Chestnut Street recycle drop-off center 24 hours a
day seven days a week.
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 his/her property in accordance with Section
4 of the Land Development Ordinances of the Township of Lumberton
entitled "Design of Containment Areas for Designated Recyclable Materials
on Residential Sites"[1] 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 his/her 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 chapter.
A.
Designated recyclable materials for the mandatory commercial and
institutional source separation program shall consist of the following
materials:
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Aluminum cans
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Antifreeze
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Consumer electronics
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Corrugated cardboard
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Fluorescent lights
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Glass containers
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Lead acid batteries
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Leaves
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Metal appliances
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Paper
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Plastic bottles (coded 1 and 2)
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Rechargeable batteries
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Steel (tin) cans
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Textiles
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Tires
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Used motor oil
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Ink jet cartridge
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Toner cartridge
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and other recyclable materials as designated by the municipality
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B.
The owner or manager of each and every commercial and institutional source shall be required to report recycling tonnages as described in § 227-10.
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:
(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 this municipality,
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 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 chapter.
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 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 municipality
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 Public
Works Department and/or Code Enforcement Official.
B.
In addition to the Public Works Department and Code Enforcement Officer,
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 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 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 municipality 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 § 227-16 hereof. The penalties and remedies prescribed by this chapter 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 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.
