Borough of Kinnelon, NJ Article III Borough Container Pickup Facility and Recycling Center

[Adopted 11-15-1984 by Ord. No. 11-84 (Ch. 58, Art. III, of the 1972 Code)]

§ 127-9 Acceptance of state policy directive.

[Added 8-18-1994 by Ord. No. 7-94; amended 3-20-2008 by Ord. No. 3-08]

As set forth in N.J.S.A. 13:1E-99.13b(4)(c), the Borough of Kinnelon hereby accepts the goal of 50% recycling of municipal solid waste by 2015 and shall monitor its level of recycling and solid waste disposal and shall strive to achieve the recycling of 50% of the municipal solid waste generated within its borders. The Borough plans to achieve its recycling goals in residential, commercial and institutional sectors by implementing and enforcing the provisions contained in this article.

§ 127-10 Facilities specified.

[Amended 3-20-2008 by Ord. No. 3-08]

The facilities established in the Borough of Kinnelon, which facilities are located on the Borough property in the area adjacent to the existing public works garage, shall hereinafter be referred to as the "Borough Recycling Center" and the "Borough Container Pickup Facility." All receptacles or dumpsters used at the Borough Recycling Center and the Borough Container Pickup Facility shall be kept clean and in a safe manner.

§ 127-11 Use by Borough residents for household refuse and designated recyclable material.

[Amended 12-19-1985 by Ord. No. 13-85; 2-16-2006 by Ord. No. 7-06]

The Borough Container Pickup Facility and Recycling Center shall be available only to residents of the Borough of Kinnelon and shall be used for disposing of newspaper, vehicular batteries, used motor oil, tires, white goods, ferrous containers and ferrous scrap only. Proof of residency shall be provided to the site attendant upon request.

§ 127-12 Hours of operation.

[Amended 12-19-1985 by Ord. No. 13-85; 2-16-2006 by Ord. No. 7-06]

The Borough Container Pickup Facility and Recycling Center shall be available to the public during the hours as posted by the governing body.

§ 127-13 Materials appropriate for deposit in Borough Container Pickup Facility.

[Amended 8-18-1994 by Ord. No. 7-94; 2-16-2006 by Ord. No. 7-06; 3-20-2008 by Ord. No. 3-08]

All newspapers shall be placed in the tractor-trailer at the Borough Container Pickup Facility. Lead-acid batteries, used motor oil, whole tires, metal appliances, ferrous containers and ferrous scrap shall not be placed in the tractor-trailer. All other designated recyclable materials shall be placed in the appropriate receptacle at the Borough Container Pickup Facility.

§ 127-14 Fee for disposal of certain materials.

[Added 3-16-1989 by Ord. No. 3-89; amended 2-16-2006 by Ord. No. 7-06; 3-20-2008 by Ord. No. 3-08]

Whenever the Borough must incur a per-item expenditure for the ultimate disposal of newspapers, lead-acid batteries, used motor oil, whole tires, metal appliances and ferrous containers and ferrous scrap, Borough residents who desire to deposit such items at the Container Pickup Facility shall be required to defray the Borough's per-item cost. A schedule of the actual per-item fee charged to the Borough at the transfer station shall be posted at the Container Pickup Facility and at the Municipal Building. Prior to depositing such waste items at the facility, Borough residents shall pay a fee for each item equal to that charged to the Borough. Such items will be accepted by the attendant at the Container Pickup Facility only upon proof of payment of the posted charge.

§ 127-15 Materials required to be deposited in recycling center; definitions.

[Amended 12-19-1985 by Ord. No. 13-85; 8-18-1994 by Ord No. 7-94; 3-20-2008 by Ord. No. 3-08]

A. It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials. It shall be mandatory for all persons who are owners, tenants or occupants of residential and nonresidential premises, which shall include, but not be limited to, retail and other commercial locations, as well as government, schools and other institutional locations within the Borough of Kinnelon, to separate designated recyclable materials, as defined in this section, from all other solid waste. It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article. Designated recyclable materials shall be deposited separate and apart from all other solid waste generated by the owners, tenants or occupants of such premises. Upon placement of the designated recyclable materials in the Borough Container Pickup Facility, no person, other than those authorized by the Borough of Kinnelon, shall tamper with, collect, remove or otherwise handle designated recyclable materials.

B. Definitions. As used in this article, the following terms shall have the meanings indicated:

COMMINGLED

A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.

DESIGNATED RECYCLABLE MATERIALS

Those materials designated within the Morris County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:

(1) ALUMINUM CANS Cans made from aluminum that was manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.

(2) CONSTRUCTION AND DEMOLITION WASTE Includes all components of the construction and demolition waste stream as designated by N.J.S.A. 13:1E-1 et seq. and N.J.A.C. 7:26-1.4. Of these materials, only wood waste and scrap lumber may be deposited at the Borough Recycling Center. For disposal of other items, see § 127-18.

(3) CORRUGATED CARDBOARD Shipping containers made with a kraft paper linerboard and corrugated medium.

(4) FERROUS CONTAINERS and FERROUS SCRAP Includes steel and bimetal objects; any metal a magnet will stick to.

(5) GLASS BOTTLES AND JARS Bottles and jars made from glass, including clear, brown and green glass. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A jar is defined as a wide-mouthed container that can be capped. Caps and lids not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex or ceramic.

(6) MIXED PAPER Various categories of recyclable paper, including, but not limited to, white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, soft cover books.

(7) NEWSPAPER A publication containing news, information and advertising, usually printed on low-cost paper called "newsprint." Newspaper may include glossy inserts which come with the paper, dependent upon the market conditions at the time.

(8) OIL-CONTAMINATED SOIL Nonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, Nos. 4 and 6 heating oils and certain other refinery products, including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.

(9) PLASTIC BOTTLES (coded 1 and 2) Plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as polyethylene terephthalate (PETE) or high-density polyethylene (HPDE). See symbols below. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. Caps and lids not included. Any item made of plastic that is not a bottle, and any plastic bottles without any of the symbols shown below is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc., should not be recycled.

(10) STEEL (TIN) CANS An airtight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.

(11) LEAVES Vegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.

(12) GRASS CLIPPINGS Vegetative material generated when grass (lawns) is cut.

(13) BRUSH Branches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.

(14) NATURAL WOOD WASTE Logs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.

(15) USED MOTOR OIL Motor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.

(16) LEAD-ACID BATTERIES Storage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulphuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.

(17) HAZARDOUS DRY CELL BATTERIES Rechargeable batteries, such as nickel-cadmium, nickel-iron, nickel metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous as defined by the Resource Conservation Recovery Act ("RCRA"), regardless of the RCRA exclusion of household waste from the definition of hazardous waste pursuant to 40 CFR 261.4(b). Nonrechargeable, hazardous batteries include older alkaline and carbon zinc batteries, as well as silver oxide, mercury and magnesium button-type batteries, etc. It should be noted that domestically manufactured alkaline and carbon zinc nonrechargeable batteries made after circa 1994 eliminated mercury content to the point that they should not be considered RCRA hazardous and therefore are not included in this material category.

(18) WHOLE TIRES Tires that are whole, not chipped into small pieces. Tires are allowed to be recycled and/or incinerated for energy recovery.

(19) METAL APPLIANCES Appliances composed predominantly of metal, and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant must be recovered accordingly.

MULTIFAMILY DWELLING

Any building or structure, or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rent or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a.) and shall include hotels, motels, or other guesthouses 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.).

MUNICIPAL RECYCLING COORDINATOR

The Borough DPW Supervisor, who shall fulfill the requirements of the Morris County Solid Waste Management Plan and the New Jersey Statewide Mandatory Source Separation and Recycling Act[1] and those rules and regulations promulgated therefor.

MUNICIPAL RECYCLING ENFORCEMENT COORDINATOR

The Assistant Zoning Official of the Borough, who shall fulfill the responsibilities with respect to recycling enforcement coordination detailed in the March 2007 Morris County Solid Waste Management Plan Amendment Section 8.6.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.

SOURCE SEPARATION

The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purpose of recycling.

[1] Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.

C. Borough residents shall deposit designated recyclable materials at the Borough Recycling Center.

[Amended 2-16-2006 by Ord. No. 7-06; 3-20-2008 by Ord. No. 3-08]

D. Commercial, institutional and multifamily dwellings are not permitted to deposit recyclable materials at the Borough Recycling Center as directed by the signs and/or attendants at the site. Instead, each establishment shall be individually responsible for establishing recycling programs for the collection, transportation and marketing of designated recycling material.

[Amended 3-20-2008 by Ord. No. 3-08]

E. All commercial, institutional and other nonresidential establishments which are not serviced by municipal or recycling collection systems must submit recycling documentation to the Municipal Recycling Coordinator on an annual basis, on or before January 15 of the year following the year to which the documentation relates. The Municipal Recycling Coordinator will complete all recycling documentation and submit a complete copy of the annual recycling tonnage report that is submitted to the New Jersey Department of Environmental Protection and Energy (DEPE) to the County Recycling Coordinator. After DEPE's formal implementation of its modified documentation procedures is instituted, municipalities' recycling markets will begin to report tonnage information directly to the state. Any establishments not complying with the requirements as set forth above will be subject to the enforcement penalties set forth in § 127-20 below.

F. Any requests for exemptions from source separation requirements on the part of commercial or institutional establishments will be processed and reviewed in accordance with the guidelines set forth in the current County Solid Waste Management Plan Amendment and N.J.S.A. 13:1E-99.16(d).

[Amended 3-20-2008 by Ord. No. 3-08]

§ 127-16 Commercial and institutional establishments.

[Added 11-17-1988 by Ord. No. 19-88]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADDITIONAL DESIGNATED MATERIALS

Includes recyclable materials, other than those listed in § 127-15, which are listed in the Morris County Recycling Plan and are mandated to be source-separated by commercial and institutional establishments for recycling, including but not limited to corrugated cardboard and office paper.

COMMERCIAL ESTABLISHMENTS

Includes any nonresidential or noninstitutional buildings or establishments, including but not limited to those used for retail, wholesale, dining, offices, professional services, shipping and receiving areas and cafeterias.

CORRUGATED CARDBOARD

Shipping containers made with kraft paper linerboard and corrugated medium.

[Amended 3-20-2008 by Ord. No. 3-08]

INSTITUTIONAL ESTABLISHMENTS

Includes an established organization or foundation dedicated to public service or culture, including but not limited to religious, educational and governmental establishments.

OFFICE PAPER

Includes high-grade paper, generally used in offices, that is of high quality and does not have a glossy finish, including but not limited to computer, letterhead, ledger and photocopy paper.

B. General duties. All commercial and institutional establishments and multifamily dwellings shall be required to comply with this chapter. Commercial and institutional establishments shall source separate corrugated cardboard; mixed paper: glass bottles and jars; plastic bottles and other designated recyclable materials as defined in this chapter and the Morris County Recycling Plan for recycling. All commercial and institutional establishments and multifamily dwellings which provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle. All food-handling establishments, as defined in Chapter 211 herein, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any code enforcement officer. Designated recyclable materials may not be deposited at the recycling center of the Borough of Kinnelon. Each establishment and multifamily dwelling shall be individually responsible for the collection, transportation and marketing of designated recyclable materials. Documentation of tonnage of materials recycled is to be submitted in accordance with § 127-16C.

[Amended 3-20-2008 by Ord. No. 3-08]

C. Documentation.

(1) All commercial and institutional establishments which are not serviced by municipal or recycling collection systems must submit recycling documentation on a quarterly basis to the Municipal Recycling Coordinator. Due date for report periods are as follows:

	Reporting Period	Due Date
	January 1 through March 31	April 8
	April 1 through June 30	July 8
	July 1 through September 30	October 8
	October 1 through December 31	January 8

(2) The Municipal Recycling Coordinator will complete all recycling documentation and report to the County Recycling Coordinator on a quarterly basis by the 15th of the month stated under "due date" above.

(3) Those establishments not complying will be subject to the enforcement penalties defined in § 127-19.

§ 127-17 Items prohibited from deposit in Borough Container Pickup Facility and Recycling Center.

[Amended 12-19-1985 by Ord. No. 13-85; 8-18-1994 by Ord. No. 7-94]

The following items may not be deposited in the Borough Container Pickup Facility or the Borough Recycling Center:

A. Kitchen garbage, excluding mandatory recyclable items.

B. Chemicals, both solid and liquid.

C. Masonry, including but not limited to bricks, stones and cement. (See § 127-18 below for information concerning the recycling of construction and demolition waste.)

D. Dirt, sand and fill.

E. Toxic, explosive or combustible materials, excluding leaves, grass clippings and other designated recyclable materials.

[Amended 3-20-2008 by Ord. No. 3-08]

§ 127-18 Recycling of Class B recyclable debris from construction demolition activity.

[Added 4-16-1992 by Ord. No. 5-92]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

[Amended 8-18-1994 by Ord. No. 7-1994]

RECYCLABLE CONSTRUCTION DEMOLITION DEBRIS

All components of the construction demolition waste stream designated as recyclable pursuant to the New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-1 et seq.) and the regulations promulgated thereunder, including but not limited to vegetative matter, concrete, brick and asphalt.

B. As a condition precedent to the issuance of any building permit, affected persons shall agree to be responsible for the appropriate recycling of all applicable construction demolition debris components and to provide to the building official written proof of compliance in the form of weight reports providing appropriate credit for the Borough in accordance with Subdivision c of N.J.S.A. 13:1E-99.16, as amended and supplemented.

C. Enforcement. The Recycling Coordinator, Health Inspector and/or Construction Official or their designated agents shall be authorized to enforce the within provisions.

§ 127-19 Inspections.

[Added 12-21-1989 by Ord. No. 23-89]

A. The Municipal Recycling Coordinator shall make random inspections of solid waste set out for disposal in order to determine whether recyclables are contained therein. Said inspections shall be conducted at a minimum rate of 10% of residential units, commercial institutional establishments and of multifamily/single-family developments per quarter. The Municipal Recycling Coordinator or the Municipal Recycling Enforcement Coordinator shall issue summonses for violations of the source-separation mandate of §§ 127-15A and 127-16B of this article.

[Amended 3-20-2008 by Ord. No. 3-08]

B. Those persons not in compliance with the source-separation mandates of §§ 127-15A and 58-16B will be subject to the violations and penalties set forth in § 127-22.

C. The Municipal Recycling Coordinator shall compile inspection statistics and submit statistics to the Morris County Recycling Coordinator in the quarterly report set forth in § 127-16C.

§ 127-20 Enforcement.

[Added 12-19-1985 by Ord. No. 13-85; amended 12-21-1989 by Ord. No. 23-89]

A. The Municipal Recycling Coordinator and the Municipal Recycling Enforcement Officer shall be appointed for a term of one year by the Mayor with the advice and consent of the Borough Council. The Municipal Recycling Coordinator and the Municipal Recycling Enforcement Officer shall serve as the enforcement agency of the Borough's Recycling Ordinance and shall assume the duties set forth therein.

[Amended 3-20-2008 by Ord. No. 3-08]

B. The Municipal Recycling Coordinator and the Department of Public Works ("Department") are hereby authorized and directed to recommend reasonable rules and regulations, after consultation with the Borough of Kinnelon Environmental Commission, concerning the recycling of newspaper at the Borough Recycling Center, which rules and regulations may then be promulgated and adopted by the governing body by resolution. The governing body reserves the right to change, modify or amend such recommendations and furthermore reserves the right to repeal all or any portion of such rules and regulations theretofore adopted.

[Amended 2-16-2006 by Ord. No. 7-06]

§ 127-21 Donation or sale of recyclables.

[Added 12-19-1985 by Ord. No. 13-85]

Anything herein to the contrary notwithstanding, any Borough resident may donate or sell used newspaper, glass, aluminum cans or yard waste to any person, partnership, corporation, association or organization, whether operating for profit or not for profit.

§ 127-22 Violations and penalties.

[Amended 12-19-1985 by Ord. No. 13-85; 7-21-1988 by Ord. No. 12-88; 12-21-1989 by Ord. No. 23-89; 6-21-1990 by Ord. No. 4-90; 8-18-1994 by Ord No. 7-94; 3-20-2008 by Ord. No. 3-08]

Any person, occupant or entity that violates or fails to comply with any provisions of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $25, nor more than $1,000. Fines levied and collected pursuant to the provisions of this article shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.

§ 127-23 Copy of amendments to be provided to Municipal Recycling Coordinator.

[Added 8-18-1994 by Ord. No. 7-94]

The Borough shall provide the County Recycling Coordinator with a certified copy of the Municipal Recycling Ordinance after any amendments thereto.