[Adopted 1-16-1996 by Ord. No. 096.03]
As used in this article, the following terms shall have the meanings indicated:
AGREEMENT
This agreement for the provision of recycling and marketing services, executed by and between the Authority and the municipality.
ALUMINUM CANS
Food and beverage containers made entirely of aluminum.
AUTHORITY
The Middlesex County Improvement Authority, a public body corporate and politic of the State of New Jersey, organized by the county pursuant to the County of Improvement Authorities Law (N.J.S.A. 40:37A-44 et seq.)
AUTHORITY-COLLECTED RECYCLABLES
The following designated recyclables generated within the geographic boundaries of the municipality: newspaper, glass containers, aluminum cans, corrugated cardboard from residential and commercial sources, steel cans, plastic containers, mixed paper and textiles.
BOARD
The Board of Chosen Freeholders of the County of Middlesex, New Jersey.
BRUSH
Branches, woody plants, and other like vegetative material that do not exceed five inches in diameter, and Christmas trees. Brush does not include leaves and grass clippings.
COMMENCEMENT DATE
The date upon which the Authority and the municipality agree that the Authority, through its contractor, will commence the provision of recycling services.
COMMINGLED CONTAINERS
Twenty gallon, plastic containers to be used by the Residents to place plastic containers, glass containers, aluminum cans and steel cans at the curb for collection by the contractor, or such other container designated by the Authority for such use.
CONTRACTOR
The contractor selected by the Authority to provide the recycling services pursuant to the recycling contract.
CORRUGATED CARDBOARD
Boxes and packaging generally made from wood pulp and consisting of two smooth sides with a corrugated inner layer. Brown paper grocery bags are included.
COUNTY
The County of Middlesex, New Jersey.
COUNTY PLAN
The Middlesex County District Solid Waste Management Plan, adopted by the Board pursuant to the Solid Waste Management Act (N.J.S.A. 13:1E-1 et seq.), which provides for the collection, disposal and/or recycling of solid waste generated with the geographic boundaries of the county, as the same may be amended from time to time.
COUNTY-WIDE RECYCLING PROGRAM
The collection and marketing program for authority-collected recyclables established by the county and the Authority for all participating municipalities in the county and funded, in part, with RRIT funds allocated for this purpose.
DEP
The New Jersey Department of Environmental Protection or any successor agency.
DESIGNATED RECYCLABLES
All recyclable materials that are designated by the county in the county plan as materials that must be source-separated from municipal solid waste at the point of generation. On the date of execution of this agreement, the recyclables designated by the county in the county plan from residential (including multifamily), commercial, industrial and institutional, governments and office parks are newspaper, aluminum cans, glass containers, corrugated cardboard, steel cans, plastic containers, mixed paper, textiles, leaves, motor oil, and brush. The county may add or delete certain recyclable materials to designated recyclables from time to time pursuant to a duly adopted amendment to the county plan approved by the DEP.
GLASS CONTAINERS
All glass containers used for packaging food or beverages.
JUNE 2, 1994, AMENDMENT
The amendments to the county plan (Nos. 1994-2 and 1994-3), adopted by the Board on June 1, 1994, that, among other things, establishes the county-wide recycling program.
LEAVES
Fallen leaves excluding brush and grass clippings.
MIXED PAPER
Glossy inserts, magazines, junk mail, colored paper, computer paper, office paper and fine paper.
MIXED-PAPER CONTAINER
A covered fourteen-gallon container in which residents will place mixed paper at the curb for collection by the contractor, or such other container designated by the Authority for such purpose.
MOTOR OIL
A petroleum-based or synthetic oil whose use includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
MUNICIPALITY
The Borough of Dunellen, a municipal corporation of the State of New Jersey.
MUNICIPAL SOLID WASTE
I.D. Type 10 waste as defined by N.J.A.C. 7:26-2.13(g)(1)(i).
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest.
PLASTIC CONTAINERS
Soda bottles made of PETE (SPI Code No. 1) and milk, water and laundry product bottles made of HDPE (SPI Code No. 2).
RECYCLING ORDINANCE
Ordinance Nos. 5-87 and 96.01 of the Borough of Dunellen (Article I of this chapter), the ordinance enacted by the municipality establishing the mandatory municipal recycling program implemented in accordance with the Solid Waste Management Act and the county plan, as the same will be amended by the municipality to include the additional designated recyclables as set forth in Ordinance Nos. 96.01 (amendment to Article I) and 96.02 (this Article II), and as the same may be amended in the future from time to time for other purposes.
RECYCLING SERVICES
All of the duties, obligations, and services to be provided by the contractor that are related to the collection, transportation, separation, processing, storage, sale or disposition, or any combination thereof, of the Authority-collected recyclables and the return of same to the economic mainstream in the form of raw materials or products.
RESIDENTS
Private, commercial and institutional residents of the municipality that are required to recycle designated recyclables pursuant to the Recycling Ordinance.
STEEL CANS
Tin-plated, bimetal and other ferrous food and beverage containers.
TEXTILE BAG
A special bag to be provided by the Authority for the collection for textiles, or such other container to be designated by the Authority for such purpose.
TEXTILES
Clean, dry clothing or other fabric measuring at least one foot by one foot in size.
All residents of Borough of Dunellen shall recycle, or cause to be recycled, the following categories of recyclables:
A. 
Newspaper.
B. 
Aluminum cans.
C. 
Glass containers.
D. 
Plastic containers.
E. 
Steel cans.
F. 
Corrugated cardboard.
G. 
Mixed paper.
H. 
Textiles.
I. 
Motor oil.
J. 
Leaves.
K. 
Brush.
Pursuant to the Recycling Act, each resident of the Borough of Dunellen shall be required to comply with the recycling plan of the Borough of Dunellen, adopting the Middlesex County recycling plan, to meet the state-mandated recycling goals. To effectuate and implement the Borough recycling plan, it is hereby required that:
A. 
The Borough of Dunellen hereby adopts this section to provide for recycling within its borders pursuant to the Recycling Act adopting herein the Middlesex County recycling plan as its official municipal recycling program; and
B. 
All residential and commercial contracts for solid waste collection and/or disposal within the Borough of Dunellen shall be consistent with this section and the Middlesex County recycling plan.
C. 
The Borough of Dunellen shall heretofore provide for a collection system for leaves generated from residential premises, and require that persons occupying residential premises within these municipal boundaries shall source-separate leaves from solid waste generated at those premises and, unless leaves are stored or recycled for composting or mulching by the generator, place the leaves for collection in the manner provided in Article I of this chapter.
D. 
The Borough of Dunellen shall heretofore provide for a collection system for brush generated from residential premises within these municipal boundaries. Brush shall be source-separated from solid waste generated at those premises, and the brush placed for collection in the manner provided in Article I of this chapter.
E. 
The Borough of Dunellen shall, at a minimum, within 30 days after the adoption of this section and at least once every six months thereafter, notify all persons occupying residential, commercial, and institutional premises within these municipal boundaries of recycling opportunities and the source separation requirements of its ordinance and the Middlesex County recycling plan. In order to fulfill the notification requirements of this subsection, this municipality may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers, or any combination thereof, as the municipality deems necessary and appropriate.
F. 
The Borough of Dunellen shall prepare and distribute additional literature and other educational materials describing, among other things, the municipal recycling program established pursuant to the Recycling Ordinance; the County-wide recycling program and the recycling services to be provided within the geographic boundaries of the municipality; the designated recyclables to be source-separated; the manner or method of preparing source-separated material for collection; and the location and schedules for collection. All such literature and other educational materials shall be prepared in accordance with written guidelines established by the Authority and shall be approved by the Authority prior to distribution.
G. 
On the commencement date, the Authority will cause the contractor to commence the provision of recycling services for the Authority-collected recyclables for all residents. The Authority-collected recyclables shall be collected by the contractor at curbside at:
(1) 
All single-family or duplex residential locations.
(2) 
All multifamily dwellings with four or fewer units, and all small businesses. All multifamily dwellings with five units, schools, public buildings, hospitals and other institutions shall deposit the Authority-collected recyclables in on-site containers to be provided by the contractor.
H. 
The contractor shall collect Authority-collected recyclables on a biweekly basis. Collections will occur Monday through Friday and, at the contractor's option, on Saturday, except for legal holidays, between the hours of 7:00 a.m. and 6:00 p.m.
I. 
At the time of placement of recyclable materials designated for collection by the recycling plan of the Borough of Dunellen at the curb or street side of residential units, said materials shall be considered the sole property of the Middlesex County Improvement Authority and shall be considered a conscious contribution by that resident to the county recycling system for collection by the Middlesex County Improvement Authority or its agent.
J. 
Scavenging is prohibited (except by approval of town and MCI).
A. 
The contractor will be responsible for collecting at the curbside only Authority-collected recyclables that have been separated and prepared for collection as follows: newspaper and corrugated cardboard must be placed at the curb in segregated, tied bundles with string or card only (no wire or tape) not greater than 12 inches in height; mixed paper, including office paper, must be placed at the curb in the mixed-paper container; glass containers, aluminum cans, plastic containers and steel cans shall be commingled in a commingled container; and textiles shall be segregated in the textile bag. Any Authority-collected recyclables that are not prepared for collection in this manner will be left at the curb by the contractor.
B. 
The Borough will be responsible for collecting leaves and brush at the curb.
(1) 
Leaves shall be placed between the sidewalk and the curb for pickup. Leaves containing branches, vines, grass clippings and other debris will not be picked up by the Borough.
(2) 
Brush. The Borough will collect tree branches, shrubbery, other yard clippings and Christmas trees (when appropriate) on or about the third Wednesday of every month. Residents must notify the Public Works Department of requests for chipping services by the Monday before the third Wednesday of the month. Materials should be tree branches and shrub branches preferably longer than three feet. All materials should be stacked at the curb or as near to the curb as possible. Hedge clippings, twigs, small branches less than three feet (but not less than one foot) must be bundled with string only (no wire) and must be free of foreign debris, such as stones, dirt, metal, sweepings and rakings. No lumber, construction materials or roots are permitted. All material to be chipped should be placed at the curb by 8:00 a.m. on the collection day. Any material placed at the curb that does conform with these specifications will not be picked up by the Borough.
The enforcement of the recycling plan of the Borough of Dunellen shall be provided individually and severally by the Borough of Dunellen with regard to enforcement of this article, and/or by the Borough's duly authorized agent and/or the New Jersey Department of Environmental Protection.
Any resident of the Borough of Dunellen who is found to have violated the provisions of this article shall be subject to the following procedures and penalties:
A. 
A warning on the first three occasions that said article is violated, and thereafter;
B. 
A fine up to $500 per day of violation depending upon the extent of and circumstances of the violation to be assessed pursuant to N.J.S.A. 13:1E-9 by the duly authorized municipal officer or his designee, as authorized hereby and pursuant to the inclusion of this section within the Middlesex County Solid Waste Management Plan.