[Adopted 6-1-1992 by Ord. No. 513; amended in its entirety 12-29-2008 by Ord. No. 2008-8]
Editor's Note: This ordinance also provided that it constitutes adoption and approval of the Mercer County Recycling Plan as set forth in the amendment to the Mercer County Solid Waste Management Plan.
The Borough of Pennington hereby adopts as its municipal recycling program, pursuant to the New Jersey Statewide Mandatory Source Separation and Recycling Act ("Recycling Act"), the Mercer County Recycling System as set forth in Ordinance No. 2006 19, adopted by the Board of Chosen Freeholders of the County of Mercer, State of New Jersey, on December 21, 2006, effective January 10, 2007 (“Mercer County Recycling Ordinance”), and as more fully set forth in the amendment to the Mercer County Solid Waste Management Plan detailing its recycling plan, also incorporated into the Mercer County Recycling Ordinance.
As used in this article, the following terms shall have the meanings indicated:
- ACCEPTABLE GLASS CONTAINER
- Includes any clear, amber or green glass container of the type commonly used for beverage and food products. Excluded from this category are glass containers used for nonbeverage or nonfood products such as pesticides, herbicides, or other chemicals. Light bulbs, plate, safety and mirrored glass are also not considered acceptable glass.
- ACCEPTABLE METAL CONTAINER
- Includes metal containers (cans) of the type commonly used for beverage and food products only, and may include aluminum, tin plate steel, and bimetal cans. Excluded from this category are cans utilized for the packaging of chemicals or other nonfood and nonbeverage products.
- ACCEPTABLE MIXED PAPER
- Includes newspapers and associated inserts, periodical magazines, catalogues, card stock paper, office paper, and mailings.
- ACCEPTABLE PLASTIC CONTAINER
- Includes any polyethylene terephthalate (PET) and high-density polyethylene (HDPE) plastic container of the type commonly used for beverage and food containers only. Excluded from this category are PET or HDPE containers utilized for nonfood and nonbeverage items.
- COMMERCIAL ESTABLISHMENT
- A business which constitutes a wholesale, retail or service establishment, such as a restaurant, store, market, theater, hotel, warehouse or office.
- INDUSTRIAL ESTABLISHMENT
- A business engaged in manufacturing, industrial or research and development activities.
- INSTITUTIONAL ESTABLISHMENT
- Any organization or entity not considered a commercial or industrial establishment.
- PERSONS RESIDING IN RESIDENTIAL PREMISES
- When used to assign responsibilities for recycling under this article, the occupant of the residential premises in question and, if the occupant is other than the owner, the owner of the premises as well. In these circumstances, the owner and occupant shall be jointly and severally responsible for compliance with this article.
The Borough of Pennington, in order to provide for recycling within its borders pursuant to the Recycling Act, hereby adopts the Mercer County Recycling Plan, as revised, as its official municipal recycling program.
All municipal contracts for solid waste collection and/or disposal within the Borough shall be consistent with this article and the Mercer County Recycling Plan.
The Borough shall provide for a collection system for leaves generated by residential premises within these municipal boundaries. Persons residing in residential premises which generate leaves shall source separate leaves from solid waste generated on the premises, and unless they store or recycle the leaves for composting or mulching, place the leaves for collection in the manner provided for herein. Leaves collected by the Borough will be delivered for composting to the Honey Brook Organic Farm on Wargo Road in Hopewell Township, Mercer County, New Jersey, or to such other composting facility as may hereafter be approved by Borough Council upon notice to the Mercer County Improvement Authority.
The Borough of Pennington may deliver tires to the existing transfer station, or such other site as may be designated by the Mercer County Improvement Authority, for transfer to a tire recycler.
The Borough of Pennington, within 30 days after the adoption of this article and at least once every six months thereafter, shall notify all persons occupying residential, commercial, and institutional premises within these municipal boundaries of recycling opportunities, the source separation requirements of this article and the Mercer County Recycling Plan, and applicable collection schedules. In order to fulfill the notification requirements of this subsection, the Borough may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice on the Borough website and in other public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers, or use any combination of these notification measures.
The Borough shall, pursuant to N.J.S.A. 13:1E-99.16(c), within 30 days of the effective date of this article, and at least once every 36 months thereafter, conduct a review and make necessary revisions to the Master Plan and development regulations adopted pursuant to P.L.1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), which revisions shall reflect changes in state, county and Borough policies and objectives concerning the collection, disposition and recycling of designated recyclable materials.
The revised Master Plan shall include provisions for the collection, disposition and recycling of recyclable materials designated in this article, and for the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.
Persons residing in residential premises in areas designated for recycling collection shall, in the manner prescribed by this ordinance, separate for curbside collection, on designated collection days and such additional days as may be designated by the Mercer County Improvement Authority, those materials designated in the Mercer County Recycling Plan as listed below in Subsection B, items B(1) through (6). Residents shall be required to recycle all designated materials not collected as part of the Improvement Authority's curbside program in the manner designated by the Borough.
All such residents shall recycle, or cause to be recycled, for curbside collection as provided herein, the following categories of recyclables:
Private contractors serving multifamily complexes within the Borough of Pennington are required to collect for recycling, at a minimum, the same materials as collected through the Improvement Authority residential collection program.
Items D(1)(a) and (b) will be collected by the Mercer County Improvement Authority at hazardous waste collection sites. These sites and the days for collection at these sites shall be designated by the Authority. Item D(1)(b) also may be taken to any automotive service station for recycling. Item D(1)(c) will be picked up at curbside by the Borough on days designated by the Borough.
Any and all persons found to have violated the provisions of the recycling program of the Borough of Pennington will be assessed warnings, penalties and fines pursuant to § 172-6 concerning violations and penalties.
Recyclable materials designated for curb- or street-side collection by the Mercer County Improvement Authority shall be considered the sole property of the Improvement Authority upon placement of such materials at the curb or street. All such materials shall be considered a conscious contribution by that resident to the County Recycling System for collection by the Improvement Authority or its agent.
Materials collected from a multifamily complex by a private contractor shall be the property of the private contractor. On or before January 31 each year, all private contractors serving multifamily complexes shall report to the Improvement Authority in writing, in such format as may be prescribed by the Authority, the markets for individual materials and the tonnages recycled during the previous calendar year. The report shall be accompanied by documentation for those markets and tonnages.
At least once each year, the landlord, building owner, property manager and/or private association as appropriate shall inform both current and new residents of the manner, time and place for collection of recyclable materials.
Any Borough resident may donate or sell designated recyclable materials to any person, whether operating for profit or not-for-profit, provided that the receiving person may not perform curbside collection under any circumstances unless that person has registered with the Mercer County Improvement Authority as a private recycler.
All commercial, industrial, and institutional establishments located within the Borough of Pennington shall recycle, or cause to be recycled, at a minimum, the following categories of recyclables:
Acceptable glass containers.
Acceptable metal containers.
Acceptable plastic containers.
Acceptable mixed paper.
Office paper and other paper.
Used motor oil.
Ferrous automotive scrap.
All commercial, industrial and institutional establishments located within the Borough of Pennington shall submit a source separation recycling plan to the Mercer County Improvement Authority to meet the state recycling mandates identifying or incorporating the following:
All waste material generated, listed by type.
All volumes of these waste categories currently recycled.
Any agreement with any solid waste hauler or with a separate entity for the recycling of source separated designated materials as defined in the Mercer County Recycling Plan.
A description of current or proposed recycling efforts for designated materials.
The schedule for submittal of these commercial, industrial and institutional recycling plans to the Mercer County Improvement Authority shall be as follows:
All commercial, industrial and institutional establishments whose waste is collected by private haulers and not serviced by municipal collection shall prepare the plan within four months of enactment of this article and shall implement same within two months following approval of the plan by the Mercer County Improvement Authority.
All commercial, industrial and institutional establishments whose waste is collected through a municipal collection system shall be part of the municipal collection system of recyclables.
All commercial, industrial and institutional establishments required to submit a recycling plan under this article may, at their option, prepare a joint recycling plan with any other entity or entities designating a common hauler and/or collection point, for common pickup. However, each such commercial, industrial and institutional establishments shall prepare an individual plan indicating that it is part of the joint plan and shall attach a copy of that joint plan, incorporating it by reference.
All recycling plans for commercial, industrial and institutional establishments shall be consistent with the terms, conditions and goals set forth in the Mercer County Recycling Plan and this article. The failure to submit such a plan or to comply with same shall subject the establishment to penalties as set forth in this article.
An extension of the time for plan preparation and/or plan implementation of up to ninety 90 days may be requested from the Mercer County Improvement Authority depending upon the size of the establishment. Justification for such a request shall be submitted to the Mercer County Improvement Authority in writing and shall be verified as necessary or justified.
Pursuant to the Mercer County Recycling Ordinance, upon failure of a commercial, industrial or institutional establishment to meet the source separation recycling provisions of this article and/or the source separation and recycling provisions of the Recycling Act, if not exempted pursuant to Subsection H below, the Mercer County Improvement Authority shall provide said recycling service, and all fees and costs for providing said recycling service shall be assessed at rates to be established by the Improvement Authority through the New Jersey Board of Public Utilities and Mercer County's Solid Waste Franchise; and penalties shall be assessed as provided for in this article.
Pursuant to N.J.S.A. 13:1E-99.16 of the Recycling Act, the Improvement Authority shall have the right to exempt persons occupying commercial, industrial, and institutional premises within the municipal boundaries from the source separation requirements of this article if these persons have otherwise provided for the recycling of the recyclable materials designated in the Mercer County Recycling Plan from solid waste generated at those premises. To be eligible for an exemption pursuant to this subsection, a commercial, industrial or institutional solid waste generator shall annually provide to the Mercer County Improvement Authority written documentation of the total number of tons recycled. Persons occupying commercial, industrial and institutional premises exempted under this subsection shall not be exempted from the deadlines for plan submission set forth in Subsection C above.
Any person or group of persons wishing to collect recyclable materials shall register with the Mercer County Improvement Authority as a "private recycler" and shall pay such fee as may be required by the Authority for such registration, unless an exemption has been granted by the Mercer County Improvement Authority pursuant to the Mercer County Recycling Ordinance.
No private recycler shall conduct recycling collection activities within the Borough of Pennington on designated county collection days.
Upon registration each private recycler shall receive an identification/registration decal from the Mercer County Improvement Authority and shall prominently display same on recycling vehicles when collecting recyclables within the Borough.
As an ongoing condition for authorization to collect recyclables in the Borough, the private recycler shall submit to the Mercer County Improvement Authority certified weight tickets for all material sold, to quantify levels for state-mandated recycling goals. Said tickets shall be submitted to the Mercer County Improvement Authority no later than 30 days following the date of sale of the subject material.
The enforcement of the recycling program of the Borough of Pennington, as set forth in this article, shall be provided jointly and severally as appropriate by the Borough and/or the Mercer County Improvement Authority and/or the New Jersey Department of Environmental Protection.
The Borough of Pennington hereby designates the Superintendent of Public Works as liaison to the Mercer County Improvement Authority for the enforcement of this article.
The failure of a private recycler to register with the Mercer County Improvement Authority or to display the identification/registration decal on vehicles while collecting recyclables within the Borough of Pennington shall subject that recycler to a fine of $250.
Any person or entity conducting recycling collection activities within the Borough on a designated county recycling collection day shall be assessed a penalty of $250.
Any resident and/or property owner in the Borough of Pennington who violates the provisions of this article shall be subject to the following procedures and penalties:
A notice of violation shall be issued describing the violation of the article; and thereafter
Collection of garbage from that household which contains recyclable materials shall cease; and/or
The responsible resident shall be fined up to $500 for each day the garbage is found to contain recyclable material, depending upon the extent and circumstances of the violation, to be assessed by the Mercer County Improvement Authority pursuant to N.J.S.A. 13:1E-9, as hereby authorized.
Commercial, industrial and institutional establishments.
The failure of a commercial, industrial or institutional establishment to submit a plan or to have an approved plan in place as required by this article shall subject the establishment to a fine of up to $100 per day until such requirements are met.
Any commercial, industrial or institutional establishment located within Mercer County that is found to have violated its required recycling plan as submitted to the county pursuant to § 172-4 of this article shall be subject to the following procedures and penalties:
A warning on the first three occasions that said plan is violated; and thereafter
A fine up to $1,000 per day for additional violations depending upon the extent and circumstances of the violation and the size of the violating establishment, to be assessed by the Mercer County Improvement Authority pursuant to N.J.S.A. 13:1E-9, as hereby authorized.