[Adopted 7-26-2010 by Ord. No. 2010-12]
The Township of Riverside finds that the reduction of the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of SWMA and the County Plan. The recycling of certain materials from the residential, commercial and institutional establishments in this municipality will reduce the need for landfills and conserve existing landfill capacity, facilitate the implementation and operation of other forms of resource recovery, and conserve natural resources.
This article is adopted pursuant to Sections 6, 9 and 14 of P.L. 1987, c. 102 (effective April 20, 1987), N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1.
A. 
As used in this article, the following definitions shall apply:
CANS
Empty food, beverage and aerosol containers comprised of aluminum, tin, steel or a combination thereof which formerly contained only nonhazardous substances or such other substances as have been approved for recycling by OWM.
CARDBOARD
All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled corrugated cardboard.
COMMERCIAL
Refers to any person or other entity operating a business, trade, industry or other activity which is carried on for profit.
COMMINGLED
Source separated, nonputrescible recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).
CONDOMINIUM COMPLEX
Defined in accordance with N.J.S.A. 46:8B-1 et seq.
COUNTY
The County of Burlington, State of New Jersey.
COUNTY PLAN
The District Solid Waste Management Plan for Burlington County as approved by the New Jersey Department of Environmental Protection.
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials to be source separated in this municipality, including but not limited to antifreeze, cellular telephones, construction and demolition debris consisting of asphalt, concrete, and untreated wood waste, electronic waste, metal, glass, lead acid batteries, fluorescent light bulbs and ballasts, leaves, motor oil, paper, plastic bottles, paperboard packaging, corrugated and other cardboard, newspaper, magazines, or high-grade office paper, rechargeable batteries, toner and printer cartridges and tires.
DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
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 bylaw, of designated recyclable materials for all possible uses except for disposal as solid waste.
ELECTRONIC WASTE
Computer hard drives, monitors, keyboards, modems, printers, fax machines, VCRs and cell phones.
GLASS
All clear (flint), green, and brown (amber) colored glass containers. Glass shall not include crystal, ceramics, light bulbs and plate, window, laminated, wired or mirrored glass.
INSTITUTIONAL
Refers to any person or other entity, either public or private, either for profit or nonprofit, who operates for educational, charitable or other public purpose.
MOBILE HOME PARK
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.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings or structures in which five or more dwelling units are rented or leased or offered for rental or lease for residential purposes except 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 (N.J.S.A. 55:13A-1 et seq).
MUNICIPAL DROP-OFF
Any facility designed and operated solely for the receiving and storing of source-separated, nonputrescible metal, glass, paper, plastic containers and cardboard. (The municipality may amend this language to add additional materials or restrict the type of generator that is permitted to utilize the dropoff.)
MUNICIPALITY
The Township of Riverside located within the County Of Burlington, State of New Jersey.
OWM
The Burlington County Office of Waste Management, its successors and assigns.
PAPER
All newspaper, fine paper, bond paper, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material whether shredded or whole, but excluding wax paper, plastic or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food contaminated paper, soiled paper and cardboard.
PERSON
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. In any provisions of this article prescribing a fine, penalty or imprisonment, the term "person" shall include the officers and directors of a corporation or other legal entity having officers and director.
PLASTIC BOTTLES
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, motor oil, antifreeze and pesticides.
RECYCLABLE MATERIAL
A material which would otherwise become solid waste, which can be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING
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.
RECYCLING DROP-OFF
Any facility designed and operated solely for the receiving and storing of source-separated, nonputrescible metal, glass, paper, plastic containers and cardboard.
RESIDENT
Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.
SOLID WASTE
Garbage, refuse and other discarded materials resulting from industrial, commercial and agricultural operations and from domestic and community activities, and shall include all other waste materials, including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.
SOURCE SEPARATE
To separate recyclable materials from the solid waste stream at the point of waste generation.
SWMA
The New Jersey Solid Waste Management Act, as amended.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
B. 
All other terms and phrases shall be as defined in SWMA, regulations promulgated thereunder and the County Plan, unless context clearly requires a different meaning.
A. 
There is hereby established a program ("curbside program") for the separate collection of paper, cardboard, glass, cans and plastic from all nonphysically disabled residents of the municipality. Designated recyclables for this curbside program established pursuant to this section shall consist of the following materials; paper, cardboard, glass, cans, plastic bottles and other recyclable materials as designated by the municipality at anytime, 30 days after designation and publication of notice in a newspaper of general circulation.
B. 
Said curbside program shall not apply to any multifamily complex of 20 or more units, condominium complex of 20 or more units or mobile home park of 20 or more units, or to any commercial or institutional establishment unless approved by OWM.
C. 
Collections of recyclable materials pursuant to this section shall be in accordance with a schedule of recycling collection areas and dates to be publicly advertised by the municipality or county.
D. 
All residents of the municipality within the area serviced by the curbside program established pursuant to this section shall source separate all designated recyclables and shall place them at the side of the road fronting their residence in the manner designated by this article and on the date specified for collection by the schedule published by the municipality or county.
[Amended 6-18-2012 by Ord. No. 2012-07]
[Adopted 6-18-2012 by Ord. No. 2012-07]
All recyclables placed at the roadside by residents for collection pursuant to the curbside program established pursuant to this chapter shall be prepared for collection in accordance with the following:
A. 
Cardboard and paper shall be set out in carts provided by this municipality.
B. 
Boxes shall be flattened as to fit into the cart.
C. 
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.
D. 
Carts shall be placed at the curb with the lid opening facing the street.
E. 
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.
F. 
Carts shall be placed in such a manner so as to avoid interference from overhead obstructions.
G. 
Carts shall be maintained in a neat and sanitary condition so as to deter vermin and odors.
H. 
Carts are the property of the municipality and may not be used for any other purpose or to contain any other material.
A. 
There is hereby established a program ("Public Dropoff Program") for the source separation and delivery to a recycling dropoff of paper, cardboard, glass, cans and plastic bottles from all residents located in this municipality, with the exception of multifamily complexes, condominium complexes and mobile home parks.
B. 
Other recyclable materials may be designated by the municipality at any time, 30 days after said designation and publication of notice in a newspaper of general circulation.
A. 
There is hereby established a program ("Private Dropoff Program") for the source separation and delivery of designated recyclable materials to a recycling dropoff(s) including paper, cardboard, glass, cans and plastic bottles from all residents of multifamily complexes, condominium complexes and mobile home parks comprised of 20 or more units within this municipality.
B. 
The owner or manager of every multifamily complex, condominium complex and mobile home park within this municipality shall purchase recycling containers, construct and maintain, in a neat and sanitary condition, recycling dropoff(s), to receive all designated recyclables generated by residents of the complex or mobile home park pursuant to the guidelines of OWM.
C. 
In cases where a condominium association exists, the condominium association shall be responsible for purchase of recycling containers and construction and maintenance in a neat and sanitary condition of the recycling dropoff(s) pursuant to the guidelines of OWM.
D. 
The owner or manager of every multifamily complex, condominium complex and mobile home park who elects not to participate in the Burlington County Regional Recycling Program shall arrange for the collection and recycling of all designated recyclables from said dropoff(s) at their expense.
E. 
The number and design of the recycling dropoffs required by this section for each multifamily complex, condominium complex and mobile home park shall be consistent with guidelines provided by OWM.
F. 
Other recyclable materials as designated by the municipality at any time 30 days after said designation and publication of notice in a newspaper of general circulation.
Designated recyclables required to be placed in recycling dropoffs pursuant to §§ 369-15 or 369-16 of this article shall be consistent with guidelines provided by OWM.
A. 
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 article.
B. 
Designated recyclables for the Mandatory Commercial And Institutional Source Separation Program shall consist of the following materials:
(1) 
Antifreeze, batteries (lead acid and rechargeable), paper, construction and demolition waste, fluorescent light bulbs and ballasts, electronic waste, glass, plastic bottles and cans, including those generated at convenience stores; and leaves, motor oil, paper, toner and printer cartridges.
(2) 
Other recyclable materials as designated by this municipality at any time 30 days after said designation and publication of notice of the designation in a newspaper of general circulation.
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.
D. 
The management individual(s) responsible for the provision of recycling services as herein defined, shall submit to the Municipal Recycling Coordinator by the first of February of each year, documentation verifying the previous years' total recycling (expressed by weight). Documentation shall take the form of issued by the recycling service provider or end market to the generator of the recycled material. Weight slips or paid invoices must be maintained by the generator for inspection if requested by this municipality, county or state for a period not to exceed five years.
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 dropoff pursuant to this article;
(2) 
Any person to violate, cause, or assist in the violation of any provision of this article 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 dropoff;
(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 article or in the enforcement of this article.
(5) 
Any person to utilize the municipality provided recycling carts/containers for any purpose other than recycling whatsoever.
[Added 6-18-2012 by Ord. No. 2012-07]
(6) 
Any person to remove recycling carts/containers provided by the municipality, as they are municipal property that has been assigned to each specific block and lot and not its owner.
[Added 6-18-2012 by Ord. No. 2012-07]
B. 
All unlawful conduct, including the misuse of recycling containers/carts for trash, theft of containers, as set forth in Subsection A shall constitute a public nuisance and shall be subject to action in accordance with Chapter 1, General Provisions, Article III, Penalties for Other Violations, of the Code of the Township of Riverside.
[Amended 6-18-2012 by Ord. No. 2012-07]
This municipality or any other 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 article.
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 dropoff 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 dropoff
A. 
Nothing contained in this article 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 article.
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 original effective date of this article, unless such renewal or such contract shall conform to the requirements of this article.
A. 
A Municipal Recycling Coordinator and/or the local Code Enforcement Official shall be appointed to serve by the municipality as the enforcement officer for this article.
B. 
Said Municipal Recycling Coordinator/Code Enforcement Officer shall be responsible, under the direction of the municipality, for enforcement of all recycling requirements of this article.
C. 
In addition to the Municipal Recycling Coordinator or Code Enforcement Officer, the Burlington County Health Department and the Office of Waste Management are hereby appointed as enforcement officer(s) for enforcement of all recycling requirements of this article.
D. 
Enforcement of this article 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. Any penalties or fines collected in an enforcement action shall be paid to the municipality when such action is brought by the municipality. Any penalties or fines, except as to court costs, 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 Office of Waste Management.
Refer to Chapter 1, Article III, Penalties for Other Violations.
A. 
In addition to any other remedy provided in this article, this municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 369-24 hereof.
B. 
The penalties and remedies prescribed by this article shall be deemed concurrent. The existence, exercise or any remedy shall not prevent this municipality or the county from exercising any other remedy provided by this article or otherwise provided by law or equity.
The terms and provisions of this article are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This article shall be construed in pari material with SWMA and the Plan.