[Ord. No. 11-88, § 1; No. 14-89, § 1; No. 10-90, § 1; No. 17-90, § 1; No. 18-94, § 1; No. 21-2004, § 1; No. 10-2008, §§ 1, 2]
As used in this article, the following terms shall have the meanings indicated:
ACCEPTABLE SINGLE-STREAM RECYCLABLES (SSR)
A mix of container mix and fiber mix recyclable materials collected as a single material stream mixed together in one or more containers with a weight limit of 50 pounds per container and prepared as set forth in Section 17A-3 of this article and placed at the curb for curbside collection in accordance with the standards and requirements of the recycling schedule established by the Borough Council.
[Ord. No. 8-2016, § 2[1]]
BRUSH
Branches, limbs, twigs and logs no more than three inches in diameter and no longer than six feet in length and stumps. Leaves and grass, dimensional lumber, metal, building materials and foreign debris does not constitute brush.
[Ord. No. 8-2016, § 1]
CLASS B RECYCLING FACILITY
A recycling facility that is registered with the Bureau of Small Facility Review in the New Jersey Department of Environmental Protection (NJDEP) and licensed to handle one (1) or more "Class B" recyclable materials. A "Class B recyclable material" means a source-separated recyclable material which is subject to the approval of the NJDEP prior to receipt, storage, processing or transfer at a recycling center in accordance with N.J.S.A. 13:1E-99.34b. Examples of Class B recyclable materials are concrete, asphalt, stumps and tires.
COMMERCIAL
Any nonresidential building, use or establishment, including but not limited to those used for retail, wholesale, offices, professional services, shipping and receiving areas and cafeterias or dining areas.
CONTAINER MIX (BOTTLES, CANS AND CONTAINERS)
The following materials, loose and commingled:
[Ord. No. 8-2016, § 2[2]]
(a) 
Glass food and beverage bottles and jars, of any transparent and translucent color. Paper labels are acceptable as are glass container rings, lids or caps 3.5 inches or greater in diameter.
(b) 
Tin/steel, tin-plated food and beverage cans of all sizes, empty and dry paint cans and empty aerosol cans. Paper labels are acceptable.
(c) 
Aluminum used beverage containers.
(d) 
Aluminum foil, pie plates, food containers and trays.
(e) 
Plastic narrow-neck bottles with SPI Code Nos. 1 and 2:
(1) 
SPI Code No. 1 PET plastic bottles: Blow-molded (bottle-necked) clear and green PET containers, such as soda bottles, dishwashing soap bottles, some shampoo bottles; caps and labels are acceptable;
(2) 
SPI Code No. 2 HDPE plastic bottles: blow-molded (bottle-necked) natural and colored HDPE containers, such as plastic milk jugs, water jugs, detergent bottles and similar items; caps and labels are acceptable. Motor oil and antifreeze containers are not acceptable.
(f) 
Plastic food and beverage containers with SPI Codes, including but not limited to:
(1) 
SPI Code No. 1: PET plastic food and beverage containers;
(2) 
SPI Code No. 2: HDPE plastic food and beverage containers. Motor oil and antifreeze containers are not acceptable;
(3) 
SPI Code No. 4: LDPE plastic food and beverage containers such as butter and margarine tubs;
(4) 
SPI Code No. 5: polypropylene plastic food and beverage containers such as yogurt containers;
(5) 
SPI Code No. 7: other plastic food and beverage containers such as mixed plastic containers.
(g) 
Small rigid plastic items bearing SPI Code Nos. 1, 2, 4, 5 and 7, such as buckets, crates, empty and dry plastic paint cans, trays and bins.
(h) 
Cartons and aseptic containers such as juice boxes, soup/broth containers and gable-top milk and juice containers.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Morris County District Solid Waste Management Plan to be source separated for the purpose of recycling, which shall include aluminum cans, glass bottles and jars, plastic bottles (coded 1 and 2), steel (tin) cans, newspaper, corrugated cardboard, mixed paper, leaves, grass clippings, brush, natural wood waste, oil-contaminated soil, used motor oil, lead-acid batteries, hazardous dry-cell batteries, metal appliances, whole tires, and electronic waste.
ELECTRONIC WASTE
A computer's 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 and cell phones.
FIBER MIX
The following materials, loose (not tied or bundled) and commingled:
[Ord. No. 8-2016, § 2[3]]
(a) 
Newspapers and advertisement inserts ("newspapers") loose or placed in kraft (brown) paper bags.
(b) 
Magazines containing glossy coated paper, including catalogs, glossy fillers or mailers ("magazines"), loose or placed in kraft (brown) paper bags.
(c) 
Corrugated containers and corrugated cardboard ("corrugated cardboard") that may have liners of kraft, jute or test liner. Corrugated cardboard may be damp but not soaked. Wax-coated corrugated cardboard containers are not acceptable.
(d) 
Kraft (brown) paper bags, all sizes of loose, bundled or bagged kraft paper grocery sacks.
(e) 
Junk mail: all dry bulk mail consisting of paper or boxboard, loose or placed in kraft (brown) paper bags. Labels, tape, staples and cellophane windows are acceptable.
(f) 
High-grade paper: all dry white and colored ledger and copier paper, notepad paper (no backing), loose-leaf fillers, computer paper (continuous-form perforated white bond or green-bar paper, loose or placed in kraft (brown) paper bags.
(g) 
Boxboard: all non-corrugated cardboard, commonly used in dry food and cereal boxes, frozen foods, shoe boxes and other similar packaging, including wet strength material used in beverage carriers. Boxboard with wax or plastic coating and boxboard that has been contaminated by food is not acceptable.
(h) 
Telephone books and soft-cover books.
(i) 
Shredded paper placed in clear or translucent tied plastic bags. Loose shredded paper is not acceptable.
GRASS CLIPPINGS
Vegetative materials generated when grass (lawns) is (are) cut. Twigs, branches, leaves, stones or other materials do not constitute grass.
[Ord. No. 8-2016, § 1]
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 nonchargeable 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 C.F.R. 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.
INSTITUTION
Any nonprofit building, use or establishment, including but not limited to churches, schools and libraries.
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 sulfuric acid. These include starting batteries, such as car batteries, that deliver a short burst of high power to start engines. In addition, they may include deep-cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.
LEAVES
Vegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
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.[4]
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 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 (N.J.S.A. 55:13A-1 et seq.)[5]
OIL-CONTAMINATED SOIL
Nonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, No. 4 and No. 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.[6]
RESIDENCE
A building or portion thereof designated or used exclusively as the residence or sleeping place of one (1) or more persons, including one-family, two-family and multiple-family dwellings, apartment-hotels, boarding or lodging houses. "Residence" does not include motels, tourist cabins, trailers or trailer courts which are regulated as commercial uses provided elsewhere in this article.
SOLID WASTE
All garbage and rubbish normally placed at the curb by the residents and nonresidents of the Borough of Morris Plains for regular municipal collection. The term "solid waste" as used herein is deemed to be nonrecyclable material.
STEEL (FERROUS) CANS
Tin-plated steel food and beverage containers, sometimes referred to as "tin cans."
UNACCEPTABLE SINGLE-STREAM RECYCLABLES
Designated recyclable material not specifically listed as acceptable single-stream recyclables. Designated recyclable material, which is not specifically listed as acceptable single-stream recyclables shall be deposited at the Borough's recycling center, Morris County MUA hazardous waste site, or commercial disposal sites, as appropriate, according to the designated recyclable material. Examples of unacceptable single-stream recyclables that may be deposited at the Borough's recycling center include electronics, appliances, fluorescent tubes, hard-cover books, large rigid plastics items, scrap metal, rechargeable and lithium batteries.
[Ord. No. 8-2016, § 2]
USED MOTOR OIL
Motor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
WHOLE TIRES
Tires that are whole, not chipped into small pieces. [Note: Tires are allowed to be recycled and/or incinerated for energy recovery.]
[1]
Editor's Note: Section 3 of this ordinance also repealed the former definition of "aluminum cans," which followed this definition.
[2]
Editor's Note: Section 3 of this ordinance also repealed the former definition of "corrugated cardboard," which followed this definition.
[3]
Editor's Note: Section 3 of this ordinance also repealed the former definition of "glass bottles and jars," which followed this definition.
[4]
Editor’s Note: Section 3 of this ordinance also repealed the former definition of "mixed paper," which immediately followed this definition.
[5]
Editor’s Note: Section 3 of this ordinance also repealed the former definitions of "natural wood waste" and "newspaper," which immediately followed this definition.
[6]
Editor’s Note: Section 3 of this ordinance also repealed the former definition of "plastic bottles (coded 1 and 2)," which immediately followed this definition.
[Ord. No. 17-85, § 2; No. 11-88; § 2; No. 18-94, § 2; No. 10-2008, §§ 3, 4]
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 Morris Plains, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid wastes generated by the owners, tenants, or occupants of such premises.
(a) 
Whole tires. Whole tires must be recycled at an authorized Class B recycling facility, as defined by the State of New Jersey's Department of Environmental Protection. This equipment can be met by depositing scrap tires at tire dealers or service stations that accept them for a small fee.
(b) 
Lead-acid batteries. Lead-acid batteries should be recycled through battery dealers. Residents have the option of taking them to any of the designated Morris County hazardous waste disposal day programs.
(c) 
Metal appliances. Residents who cannot get new appliance dealers to accept such material may drop off such appliances at the Reimer Recycling Center, or place them at curbside, with the doors removed, no sooner than 24 hours prior to a scheduled municipal garbage collection.
(d) 
Used motor oil. The Borough of Morris Plains presently has no facility to accept used motor oil. Residents are directed to dispose of used motor oil at nearby service stations that accept used motor oil or at one of Morris County's hazardous waste disposal day programs. Institutional and commercial uses shall use an authorized waste oil recycler to dispose of their used motor oil.
(e) 
Oil-contaminated soil. Oil-contaminated soil must be recycled at Class B recycling facilities specifically authorized to recycle such soils.
(f) 
Natural wood waste. In the event that an inhabitant of the Borough hires an outside contractor to cut down or trim trees located on property within the Borough, the contractor shall be responsible for recycling such material.
(g) 
Hazardous dry-cell batteries. Hazardous dry-cell batteries, including rechargeable batteries and single-use dry-cell batteries such as AAA, AA, C, D and 9V, may be dropped off at the Reimer Recycling Center.
(h) 
Asphalt roofing shingles. Asphalt roofing shingles must be recycled at an authorized Class B recycling facility.
(i) 
Electronic waste. Electronic waste shall be dropped off at the Morris Plains Reimer Recycling Center during Saturday hours and placed in the designated electronic bin. There shall be no curbside collection of electronic waste.
(j) 
All other designated recyclable materials. All other designated recyclable materials not covered by Paragraphs (a) through (i) above shall be placed separately at the curb in the manner described in Section 17A-3 and on such days and times as established by the Borough of Morris Plains.
[Ord. No. 17-85, § 3; No. 11-88, § 3; No. 14-89, § 2; No. 10-90, §§ 2, 3; No. 17-90, §§ 1, 2; No. 18-94, § 3; No. 10-2008, §§ 5, 6, 7]
(a) 
Residents shall separate designated recyclable materials from all other waste. Acceptable single-stream recyclables shall be placed at the curb for curbside pickup in accordance with the Borough's recycling schedule. Unacceptable single-stream recyclables shall be deposited at the Borough's recycling center, Morris County MUA hazardous waste site, or a commercial disposal site, as appropriate, according to the category of designated recyclable material.
[Ord. No. 8-2016, § 4]
(b) 
Material shall be prepared in the following manner:
(1) 
Newspapers, magazines, kraft (brown) paper bags, junk mail, boxboard, telephone books and soft-cover books shall be loose and commingled or placed in kraft (brown) paper bags, not tied or bundled. Labels, tape, staples and cellophane envelope windows need not be removed.
[Ord. No. 8-2016, § 5]
(2) 
Glass food and beverage bottles and jars of any transparent and translucent color shall be free of food or drink and rinsed thoroughly. Paper labels are acceptable. Bottle caps and lids shall be removed and rings, lids or caps 3.5 inches or greater in diameter may be recycled.
[Ord. No. 8-2016, § 5]
(3) 
Aluminum beverage containers, foil, pie plates and trays, tin/steel cans, food and beverage containers, paint and aerosol cans shall be empty and free of food or other product and rinsed. Paper labels are acceptable. Paint cans with paint that has solidified are not acceptable.
[Ord. No. 8-2016, § 5]
(4) 
Plastic bottles, plastic food and beverage containers, types SPI Code Nos. 1, 2, 4, 5, and 7 shall be free of food, drink or other contents, and rinsed. Paper labels are acceptable.
[Ord. No. 8-2016, § 5]
(5) 
Corrugated cardboard must be flattened and commingled, not tied or bundled.
[Ord. No. 8-2016, § 5]
(6) 
High-grade paper shall be loose and commingled or placed in kraft (brown) paper bags. Shredded paper shall be placed in clear or translucent plastic bags on top of other recyclables. Loose shredded paper is not acceptable.
[Ord. No. 8-2016, § 5]
(7) 
Hazardous dry-cell batteries shall be deposited in the receptacle provided for them at the Borough's recycling center.
(8) 
Brush, grass clippings, leaves and natural wood waste shall be prepared and deposited according to the standards set forth by the Borough Council of the Borough of Morris Plains. Leaves shall be raked into piles and placed at curbside from September 1 to December 31 each year and shall not be bagged. Grass clippings shall be composted on residential property or placed in reusable, covered containers and placed at curbside for recycling collection from April 1 to November 1 each year. Each container, including contents, shall not exceed fifty (50) pounds' total weight. Grass clippings shall not be bagged or placed at curbside for regular municipal garbage collection. No brush, grass clippings, leaves and natural wood waste will be accepted at the Borough's recycling center. Brush such as small limbs, twigs, vines and pricker bushes shall be tied in one-foot round bundles, and all branches, limbs and logs shall be no larger than the chipper limits of six feet in length and three inches in diameter, and stumps shall be free of dirt and debris.
(c) 
Institutional and commercial uses.
(1) 
Institutional and commercial uses that utilize the Borough's recycling center shall separate acceptable single-stream recyclables from all other waste.
[Ord. No. 8-2016, § 6]
(i) 
All recyclables listed above may be deposited at the Borough's recycling center on Saturday between 8:30 a.m. and 12:00 noon. Exceptions must be approved by the Borough Recycling Coordinator.
(ii) 
All such recyclables must meet the specifications set forth in Section 17A-3(b).
(2) 
All institutional and commercial uses that do not utilize the Borough's recycling center shall be responsible for establishing their own recycling programs for the collection, transportation and marketing of designated recyclable materials and submitting documentation of tonnage of material recycled in accordance with Section 17A-6.
(3) 
In the case of multi-generator buildings, such as office buildings with more than one tenant, the owner or manager of the property, as well as the generator, shall be responsible for compliance with the Borough's mandated recycling requirements.
(4) 
All food service establishments, as defined in the State Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the process of food or food products and maintain such records as may be prescribed, for inspection by any appropriate code enforcement officer.
[Ord. No. 17-85, § 4; No. 11-88, § 4]
(a) 
Recyclable materials placed at the curb or recycling center are the property of the Borough or its authorized agent.
(b) 
It is a violation of this article for any person unauthorized by the Borough to collect or pick up or cause to be collected or picked up any such recyclables. Anything to the contrary notwithstanding, any person may donate or sell recyclables to any person, partnership or corporation, whether operating for profit or not for profit. Any and each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. No. 17-85, § 5; No. 11-88, § 5; No. 29-89, § 1; No. $10-2008, § 8]
(a) 
The Mayor, subject to confirmation by the Borough Council, shall appoint a Borough Recycling Coordinator. The Recycling Coordinator, the Police Department of the Borough, the Morris Plains Board of Health, the Code Enforcement Official, the Morris County Office of Health Management and other agents as may be designated by the Borough are hereby authorized and directed to enforce this article. The Recycling Coordinator, with the consent of the Borough Council, shall establish and promulgate reasonable regulations as to the manner, days and times for the collection of designated materials.
(b) 
The enforcement agents are hereby authorized and directed to undertake random inspections of garbage set out for disposal in order to determine whether recyclables are contained therein.
[Ord. No. 17-85, § 6; No. 11-88, § 6; No. 18-94, § 4; No. 10-2008, § 10]
(a) 
All commercial and institutional inhabitants of the Borough which do not bring their recyclables to the Borough's recycling center shall submit recycling documentation to the Borough Recycling Coordinator on an annual basis. The required documentation for each calendar year is due by March 1 of the following year. Such documentation shall report on recycling activities at the commercial, industrial or institutional premises, including by material type, the amount of recycled material collected and recycled, the recycling destination of said materials, and the vendor or vendors providing recycling services to the commercial or institutional facility.
(b) 
The Borough Recycling Coordinator shall compile all recycling documentation and report to the Morris County Recycling Coordinator on an annual basis by April 30 of each year.
(c) 
Any commercial or institutional inhabitant of the Borough which does not supply the documentation required by this section shall be subject to enforcement penalties as defined hereinafter.
[Ord. No. 18-94, § 5]
(a) 
It shall be unlawful to combine designated recyclables with other solid waste. Failure to source separate designated materials for recycling is a violation of this article.
(b) 
It shall be unlawful for solid waste collectors to collect solid waste that 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/recyclables which visibly display a warning notice, sticker or some other device indicating that the load of solid waste contains designated recyclable materials and therefore should not be removed for disposal.
(c) 
It shall be the responsibility of the nonrecycler whose solid waste was not removed because it contained recyclables to properly segregate the uncollected waste for proper recycling. Allowing such unseparated refuse to accumulate will be considered a violation of this article and the Borough's Sanitary Code.
(d) 
Recyclables shall not be placed at curbside sooner than twenty-four (24) hours prior to a scheduled pickup.
[Ord. 11-88, § 8; 29-89, § 2]
(a) 
Any person, firm or corporation who violates or neglects to comply with Sections 17A-2, 17A-3, 17A-4, 17A-6 or 17A-7 of this article, or any regulations promulgated pursuant thereto, shall, upon conviction thereof, be punishable by a fine not to exceed one thousand dollars ($1,000.) or a period of community service not exceeding ninety (90) days, except that the minimum fine for failure to comply with Sections 17A-2, 17A-3, 17A-6 and 17A-7 shall not be less than twenty-five dollars ($25.) for each violation.
(b) 
Each and every day that said violation continues shall be considered a separate offense.
[Ord. No. 18-94, § 6; No. 10-2008, § 9]
The Borough of Morris Plains 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 goal of 50% of the municipal solid waste generated within its borders.
(a) 
Operating a recycling center for deposit of specified recyclables each Saturday between 8:30 a.m. and 12:00 noon.
(b) 
Providing a curbside program for pickup of specified residential-generated recyclables.
(c) 
Collecting yard waste and grass clippings during the season.
(d) 
Picking up leaves raked to curbside each fall season.
(e) 
Picking up brush and Christmas trees left at curbside on dates specified by the Borough's Department of Public Works.
(f) 
Advising all sectors (residential, commercial and institutional) of their recycling responsibilities and enforcing the provisions of this article as necessary.