[Amended 4-10-2018 by Ord. No. 8-18]
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling to include glass, aluminum,
steel, plastic, corrugated and paper fiber.
Those materials designated within the Camden County District
Solid Waste Management Plan to be source separated for the purpose
of recycling to include commingled, light iron, ferrous metal, waste
oil, antifreeze, yard and tree refuse (limbs, logs, branches, grass
clippings, bushes, bituminous material, leaves and e-waste).
A computer central processing unit and associated hardware,
including keyboards, modems, printers, scanners and fax machines;
a cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, cell phones; all corded electronic
devices.
Any building or structure, or complex of buildings in which
two or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (see N.J.S.A.
13:1E-99.13a) and shall include hotels, motels, or other guest houses
serving transient or seasonal guests as those terms are defined under
subsection (j) of section 3 of the Hotel and Multiple Dwelling Law,
P.L. 1967, c. 76 (C.55: 13A-1 et seq.).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this chapter, and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of Oaklyn.
Those materials which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
[Amended 4-10-2018 by Ord. No. 8-18]
A.Â
Mandatory source separation. 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 municipality of Oaklyn to separate designated
recyclable materials from all solid waste. Designated recyclable materials
shall be deposited separate and apart from other solid waste generated
by the owners, tenants, or occupants of such premises and shall be
placed separately at the curb in a manner and on such days and times
as may be hereinafter established by regulations promulgated by the
Borough of Oaklyn.
B.Â
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source-separation
requirements of this chapter which requires persons generating municipal
solid waste within its municipal boundaries to source separate from
the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this chapter, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
[Added 4-10-2018 by Ord.
No. 8-18]
The owner of any property shall be responsible for compliance
with this chapter. For multifamily units, the management or owner
is responsible for setting up and maintaining the recycling system,
including collection of recyclable materials, in accordance with guidelines
or regulations established by the appropriate municipal office. Violations
and penalty notices will be directed to the owner or management in
those instances where the violator is not easily identifiable. The
management shall issue notification and collection rules to new tenants
when they arrive and every six months during their occupancy.
[Added 4-10-2018 by Ord.
No. 8-18]
A.Â
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this chapter.
B.Â
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties 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, and
shall provide for separate recycling service for their contents.
C.Â
Every business, institution, or industrial facility shall report
on an annual basis to the Recycling Coordinator, on such forms as
may be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
D.Â
All food service establishments, as defined in the Health Code, 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.
[Added 4-10-2018 by Ord.
No. 8-18]
A.Â
Any application to the Planning Board of the Borough of Oaklyn or
subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single-family developments of 50
or more units or any commercial, institutional, or industrial development
for the utilization of 1,000 square feet or more of land, must include
a recycling plan. This plan must contain, at a minimum, the following:
(1)Â
A detailed analysis of the expected composition and amounts
of solid waste and recyclables generated at the proposed development;
and
(2)Â
Locations documented on the application's site plan that
provide for convenient recycling opportunities for all owners, tenants,
and occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
B.Â
Prior to the issuance of a certificate of occupancy by the Borough
of Oaklyn, the owner of any new multifamily housing or commercial,
institutional, or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the municipality does not otherwise provide this service.
C.Â
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Planning Board Engineer.
The collection, removal and disposal of newspapers,
glass, aluminum, metal and all other trash and refuse shall be supervised
by the Department of Public Works of the Borough of Oaklyn.
[Added 4-10-2018 by Ord.
No. 8-18]
The Certified Public Works Manager, the Code Enforcement Official,
the Recycling Coordinator, the Zoning Enforcement Official, and the
Camden County Department of Health are hereby individually and severally
empowered to enforce the provisions of this chapter. An inspection
may consist of sorting through containers and opening of solid waste
bags to detect, by sound or sight, the presence of any recyclable
material.
All receptacles required herein shall be supplied
by the occupant or owner of the premises and placed prior to collection
between the curb and sidewalk where they shall be readily accessible
to the collector. The occupant or owner shall keep all receptacles
clean and in condition for safe handling. Receptacles or other items
to be disposed of shall be placed outside after 6:00 p.m. of the day
immediately preceding the day of collection. After collection, any
empty containers shall be removed from curbside promptly but no later
than 7:00 p.m. of the day of collection.
From the time of placement at the curb by any
one of the categories described herein for collection by the Borough
of Oaklyn in accordance with the terms hereof, items shall be and
become the property of the Borough of Oaklyn to collect or pick up
or cause to be collected or picked up during the twenty-four-hour
period commencing at 6:00 p.m. on any day preceding a day designated
for collection. Any and each such collection in violation hereof from
one or more residences during said twenty-four-hour period shall constitute
a separate and distinct offense punishable as hereinafter provided.
[Added 4-10-2018 by Ord.
No. 8-18]
A.Â
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.
B.Â
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 and the local sanitary
code.
C.Â
Once placed in the location identified by this chapter, or any rules
or regulations promulgated pursuant to this chapter, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
[Amended 4-10-2018 by Ord. No. 8-18]
A.Â
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this article or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250, nor more than $1,000.
Each day for which a violation of this article occurs shall be considered
a separate offense. (Note the Borough of Audubon will enforce the
provisions of N.J.S.A. 40:49-5 if and where necessary.)
B.Â
Fines levied and collected pursuant to the provisions of this Ordinance
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.
[Added 4-10-2018 by Ord.
No. 8-18]
If it is determined, by a court of competent jurisdiction, that
any provision or section of this Ordinance is unconstitutional, all
other sections and provisions shall remain in effect. This Ordinance
shall take effect immediately.
