[Adopted 7-7-1980 as Sec. 13-6 of
Ch. XIII of the Revised General Ordinances]
[Amended 6-22-1992 by Ord. No. 1992-5]
As used in this article, the following terms
shall have the meanings indicated:
GARBAGE
The meat and vegetable waste solids resulting from the handling,
preparation, cooking and consumption of foods.
PAPER
Includes newspaper, periodicals, cardboard and all other
wastepaper.
REFUSE
Ashes, rubbish and trade waste.
RUBBISH
Includes rags, old clothes, leather, rubber, carpets, wood,
excelsior, sawdust, wood furniture and other combustible solids not
considered by the Township to be of a highly volatile or explosive
nature, metals, metal shavings, tin cans, glass, crockery and other
similar materials, but not the wastes resulting from building construction
or alteration work. It shall also include any small accumulation of
cellar or yard dirt.
TRADE WASTE
All material resulting from the prosecution of any business,
trade or industry conducted for profit, including paper, rags, leather,
rubber, cartons, boxes, wood, excelsior, sawdust, garbage and other
combustible solids except manure, and not considered by the Township
to be of a highly volatile or explosive nature, metals, metal shavings,
wire, tin cans, cinders, earth and other materials but not the wastes
resulting from building construction or alteration work.
WASTE MATERIAL
Includes all or any garbage, refuse, paper, ashes, no matter
how originating, wastes from building construction or alteration work
or cellar or yard dirt.
[Added 10-27-2003 by Ord. No. 2003-34; 2-25-2008 by Ord. No. 2008-04]
The Township, by its designated agents and employees,
will collect and remove only the waste matter as classified herein
when such waste matter is placed into proper receptacles or bundles
and offered for collection in the quantity and manner prescribed herein.
A. Limitations. Only such waste material that may be classified as garbage, paper, rubbish, ashes or trade wastes, as defined in §
137-1, will be collected by the Township, provided that no more than five bags or five approved trash cans or any combination thereof, these materials prepared as defined §
137-4C, held and stored in the manner as required in this section, and provided that certain of these materials do not exceed, for any one collection, the quantities as set forth in this article.
(1) Any waste material that is not stored in the proper
manner is the responsibility of the property owner of said premises.
If said waste material is not removed within 12 hours from being placed
at curbside, the Township shall, at its sole discretion, for the public
health and safety of its citizens or any other reason deemed appropriate
under circumstance, remove said waste material and bill the owner
of the premises in the amount not to exceed $500. Failure of the owner
of said premises to pay said bill may result in a lien being placed
upon the property. This includes but is not limited to what is commonly
referred to as a "move out."
B. Receptacles, time of placing and removing. It shall
be unlawful for any person to place or cause to be placed any receptacle
or bundle or refuse material on any portion of the street or sidewalk
of any street at any time except on the day of collection and then
not more than eight hours before the collection times fixed and published
by the Township Manager nor shall any person allow or permit any empty
receptacle to remain upon such sidewalk or street more than one hour
after the contents have been collected.
C. Receptacles, placement.
(1) The owner, lessee, tenant or other occupant of every
privately owned building shall, on the scheduled day for collection,
place or have placed all waste material for collection at the nearest
curbline in front of the building.
(2) Receptacles awaiting collection shall be stored or
kept in such place so as not to become a nuisance to the occupants
of any dwelling, and at no time shall they be kept under the windows
of any such dwelling adjacent thereto.
D. Township collectors not to enter buildings. Township
refuse collectors are prohibited from entering upon any unaccepted
lands, streets, service area, driveway or alleys or any privately
owned buildings or portion of any such buildings, such as a vestibule,
kitchen, pantry, cellar or boiler room, for the purpose of moving
refuse material to the curb for collection except as provided in this
section.
E. Interference with Township agents and employees. No
person shall prevent or interfere with any agent or employee of the
Township in the discharge of his duties in the collection of garbage,
ashes or refuse or in the sweeping or cleaning of any street or in
the removal therefrom of sweepings, ashes, garbage, rubbish, paper,
snow, ice or other refuse material.
When trade waste, as defined in §
137-1, exceeds a total of three bushels in bulk or 100 pounds in weight at any one collection, such trade waste will not be collected by the Township, but the producer thereof shall, at his own expense, deliver or have delivered by an authorized collector, as set forth in §
137-2, such materials to an authorized disposal site.
The Township Council of the Township of Mount Holly finds that
reducing the amount of solid waste and conservation of recyclable
materials is an important public concern and is necessary to implement
the requirements of the SWMA and the County Plan. The recycling of
certain materials from the residential, commercial and institutional
establishments in this municipality will conserve existing landfill
capacity, facilitate the implementation and operation of other forms
of resource recovery and conserve natural resources through reduced
energy consumption, reduced water and air pollution as well as reduce
the demand on raw material extraction.
This article is adopted pursuant to P.L. 1987, c. 102 (effective
April 20, 1987), N.J.S.A. 40:48-2, 40:66-1 and 40:49-2.1, and any
amendments adopted thereto.
As used in this article, the following definitions shall apply:
ACT or SWMA
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.,
as amended and supplemented.
ALUMINUM CAN
Empty food and beverage containers comprised of aluminum.
Excluded from this definition are aluminum aerosol cans, aluminum
foil and trays.
ANTIFREEZE
Liquid used in a cooling system that is mixed with water
and prevents the water from freezing. The solution serves as the engine
coolant.
BRUSH
Branches, woody plants and other like vegetative material.
Leaves and grass do not constitute brush.
BURLINGTON COUNTY REGIONAL PROGRAM
The program utilized for the collection of those recyclable
materials as designated by the Division of Solid Waste Management
from residential curbside, participating multifamily and participating
school collection programs.
CERTIFIED RECYCLING COORDINATOR
A person who shall have completed the requirements of a course
of instruction in various aspects of recycling program management,
as determined and administered by the Department of Environmental
Protection.
CLASS "A" RECYCLABLE MATERIAL
Source-separated, nonputrescible, metal, glass and plastic
bottles coded No. 1 and No. 2 and paper and corrugated and other cardboard.
CLASS "D" RECYCLABLE MATERIAL
Used oil, antifreeze, latex paints, thermostats, fluorescent
lamps (light bulbs), oil-based finishes, batteries, mercury-containing
devices and consumer electronics.
COMMERCIAL ESTABLISHMENT
All commercial and industrial activities that operate for
profit and are involved in retail or manufacture of goods and services
provided for sale.
COMMINGLED
A combining of source-separated recyclable materials for
the purpose of recycling.
CONDOMINIUM COMPLEX
A group of units, arranged horizontally or vertically, where
the form of ownership of real property is under a master deed providing
for ownership by one or more owners of units of improvements together
with an undivided interest in common elements appurtenant to each
such unit.
CONSUMER ELECTRONICS
Computer equipment, including desktop and laptop computers
and related components, including monitors, circuit boards, terminals,
and CPUs, and peripheral equipment, including keyboards, printers,
copiers, and fax machines. It shall also include VCRs, CD players,
DVD players, and cellular phones. Consumer electronics shall not include
televisions as defined herein until such time as such devices are
banned at solid waste disposal facilities in accordance with the Electronics
Waste Recycling Act, P.L. 2008, c. 130 et seq., and any amendments thereto.
CONTAMINANT
Solid waste, food waste, or other material which adheres
to, or which is otherwise contained on or in, source-separated recyclable
materials.
CORRUGATED AND OTHER 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.
COUNTY
The Burlington County Board of Chosen Freeholders, and its
successors and assigns, acting through the Burlington County Division
of Solid Waste Management.
CURBSIDE DESIGNATED RECYCLABLES
Those designated recyclables that are placed for collection
within the parameters of the curbside collection program as outlined
herein.
CURBSIDE RECYCLING CONTAINER
A container(s) provided by the municipality or persons for
the temporary storage of recyclable materials within the residential
unit(s).
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials to be source separated in this
municipality, including but not limited to aluminum cans, antifreeze,
consumer electronics, corrugated cardboard, fluorescent lights, glass
containers, lead acid batteries, leaves, metal appliances, paper,
plastic bottles (coded No. 1 and No. 2), rechargeable batteries, steel
(tin) cans, textiles, tires and used motor oil.
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 by law, of designated recyclable materials
for all possible uses except for disposal as solid waste.
DSWM
The Burlington County Division of Solid Waste Management,
its successors and assigns.
EPA or USEPA
The United States Environmental Protection Agency.
FIBER
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books, chipboard, corrugated and other cardboard
and similar cellulosic material, whether shredded or whole, but excluding
wax paper, plastic- or foil-coated paper, thermal fax paper, carbon
paper, blueprint paper, food-contaminated paper, soiled paper and
cardboard.
FLUORESCENT LIGHTS
A lighting system which works by creating electric arcs inside
a gas-rich tube to produce ultraviolet light, then converting this
to visible fluorescent light by its passage through a layer of phosphor
on the inside of the glass.
GENERATOR
Any person(s) who causes solid waste to be produced for any
purpose whatsoever.
GLASS
All clear (flint), green, and brown (amber) colored glass
containers. Glass shall not include crystal, ceramics, light bulbs,
or plate, window, laminated, wired or mirrored glass.
INK JET CARTRIDGE
A replaceable unit that holds ink and the print nozzles for
inkjet printers.
INSTITUTIONAL ESTABLISHMENT
Any entity, either public or private, either for profit or
nonprofit, who operates for educational, charitable, religious, fraternal
or other public purpose.
LEAD ACID BATTERY
Storage batteries with lead electrodes and that contain dilute
sulfuric acid as the electrolyte. These include starting batteries,
such as vehicle batteries, marine batteries, small sealed lead acids
and deep cell batteries used to power vehicles or marine accessories
such as trolling motors, winches or lights.
LEAVES
Vegetative material, typically generated in the autumn, which
fall from trees and are collected for removal from a property.
METAL APPLIANCES
Appliances composed predominantly of metal, including stoves,
washing machines, dryers and water heaters. Also included are all
freon-containing appliances, including air conditioners, freezers,
refrigerators and dehumidifiers.
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 three or more dwelling units are rented or leased or offered
for rental or lease for residential purposes, whether privately or
publicly financed, except hotels, motels or other guest houses serving
transient or seasonal guests as those terms are defined under Subsection
(j) of Section 30f the Hotel and Multiple Dwelling Law, P.L. 1967,
c. 76 (N.J.S.A. 55:13A-1 et seq.), and N.J.S.A. 40:66-1.2 et seq.
MUNICIPALITY
The Township of Mount Holly in the County of Burlington,
State of New Jersey.
MUNICIPAL RECYCLING DEPOT
A site owned and/or operated by a municipality for the receipt
and temporary storage of certain designated Class A recyclable materials
delivered by residents, small commercial and nonprofit establishments
for a period not exceeding two months, prior to their transport to
a recycling center or end-market.
MUNICIPAL SOLID WASTE
Residential, commercial and institutional solid waste generated
within a community.
MUNICIPAL SOLID WASTE STREAM
Residential, commercial and institutional waste in the context
of the Statewide Solid Waste Management Plan Update, which constitutes
the waste stream, used to calculate the state mandated 50% recycling
rate. The municipal solid waste stream shall include waste Types 10
and 23.
PAPER
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books and similar cellulosic material, whether shredded
or whole, but excluding tissue and towel paper, wax paper, plastic-
or foil-coated paper, thermal fax paper, carbon paper, NCR paper,
blueprint paper, food-contaminated or soiled paper.
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 to rights and duties created or imposed
by federal, state or local legislation, rules or regulations.
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, solvents, motor oil and pesticides and herbicides.
PLASTIC FILM
A thin sheet of material [usually consisting of low-density
polyethylene, (LDP) high-density polyethylene (HDP) or other polymers]
used to wrap or cover products.
PUTRESCIBLE WASTE
Organic material which is capable of, and prone to, a rapid
process of biological and biochemical decomposition, under anaerobic
or aerobic conditions, resulting in the formation of malodorous by-products.
QUALIFIED PRIVATE COMMUNITY
A residential condominium, cooperative or fee simple community
or horizontal property regime, the residents of which do not receive
any tax abatement or tax exemption related to its construction comprised
of a community trust or other trust device, condominium association,
homeowners' association or council of co-owners, wherein the
cost of maintaining roads and streets and providing essential services
is paid for by a not-for profit entity consisting exclusively of unit
owners within the community. No apartment building or garden apartment
complex owned by an individual or entity that receives monthly rental
payments from tenants who occupy the premises shall be considered
a qualified private community. No "proprietary campground facility,"
as defined in Section 1 of P.L. 1993, c. 258 (N.J.S.A. 45:22A-49),
shall be considered to be a qualified private community.
RECHARGEABLE BATTERIES
Batteries used in portable or other electronic devices composed
of nickel cadmium (Ni-Cd), nickel metal hydride (Ni-MH), lithium ion
(Li-ion) and small sealed lead (Pb).
RECYCLABLE MATERIALS
Materials that would otherwise become solid waste that can
be separated, collected and/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 CENTER
A facility designed and operated solely for receiving, storing,
processing or transferring source-separated recyclable material (Class
A, Class B, Class C and/or Class D recyclable materials).
RESIDENT
Any person residing within the municipality on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
SCAVENGER
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 depot pursuant to this article.
SCRAP METAL
Bits and pieces of metal parts (for example, bars, turnings,
rods, sheets, wire) or metal pieces that may be combined together
with bolts or soldering (for example, radiators, scrap automobiles,
railroad box cars) which, when worn or superfluous, can be recycled.
Included are all ferrous and nonferrous metals, including appliances
and appliances containing refrigerants.
SOLID WASTE
Garbage, refuse and other discarded materials, as defined
in N.J.S.A. 13:1E-1 et seq. and 48:13A-1 et seq.
SWMA
The New Jersey Solid Waste Management Act, as amended.
SOURCE SEPARATED
Recyclable materials separated from the solid waste stream
at the point of generation.
STEEL CAN
Empty food, beverage and aerosol containers comprised of
tin, steel or a combination thereof, which formerly contained only
nonhazardous substances or such other substances as have been approved
for recycling by the Division of Solid Waste,
TELEVISION
A stand-alone display system containing a cathode ray tube
or any other type of display primarily intended to receive video programming
via broadcast, having a viewable area greater than four inches measured
diagonally, able to adhere to standard consumer video formats and
having the capability of selecting different broadcast channels and
support for sound capability.
TEXTILES
Artifacts made by weaving, felting, knitting or crocheting
natural or synthetic fibers.
TIRES
Rubber wheels used on motorized transport or equipment, whether
bias-ply, cross-ply or radial.
TONER CARTRIDGE
An exhausted replaceable cartridge containing toner powder
and sometimes the photosensitive drum on which a laser printer generates
the image to be printed.
TYPE 10 MUNICIPAL SOLID WASTE
Waste originating in the community consisting of household
waste from private residences, commercial waste which originates in
wholesale, retail or service establishments such as restaurants, stores,
markets, theatres, hotels and warehouses, and institutional waste
material originated in schools, hospitals, research institutions and
public buildings.
TYPE 13 BULKY WASTE
Large items of waste material, such as appliances and furniture.
Discarded automobiles, boats, trucks and trailers and large vehicle
parts and tires are included under this category.
USED OIL
Any oil that has been refined from crude oil, or any synthetic
oil, that has been used and as a result of such use, is contaminated
by physical or chemical impurities, or unused oil that is contaminated
by physical or chemical impurities through storage or handling and
is determined to be a solid waste by the generator.
USED OIL COLLECTION CENTER
The municipal recycling center that manages used oil and
accepts and/or aggregates and stores used oil collected from used
oil generators regulated under N.J.A.C. 7:26A-6.4 that bring used
oil to the collection center in shipments of no more than 55 gallons
pursuant to N.J.A.C. 7:26A-6.4(e). Used oil accumulation centers may
also accept used oil from household do-it-yourselfer used oil generators.
All recyclables placed for collection pursuant to the curbside program established within §
137-13 of this article shall be source separated and prepared for collection in accordance with the following conditions.
A. Cardboard and paper shall be placed in paper bags or tied in bundles
not exceeding 35 pounds in weight nor exceeding one foot in thickness.
(1) Cardboard and paper shall not be set out for recycling collection
in plastic bags, recycling buckets not specifically designated for
such purpose or trash containers. Paper can be placed in cardboard
boxes or similar open-topped box-like containers.
(2) In those locations where carts are provided for the collection of
corrugated cardboard and paper, those materials shall be placed in
the carts that are provided by the municipality.
(a)
Boxes shall be flattened as to fit into the cart with the greatest
amount possible.
(b)
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.
(3) Carts shall be placed at the curb with the lid opening facing the
street.
(4) 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.
(a)
Carts shall be placed in such a manner so as to avoid interference
from overhead obstructions.
(5) Carts are the property of the municipality and may not be used for
any other purpose or to contain any other material.
B. Glass containers, aluminum cans, steel cans and plastic bottles:
(1) Remove all caps and lids and dispose of as solid waste.
(2) Glass containers, aluminum cans, steel cans and plastic bottles shall
be rinsed free of contaminants.
(3) Glass containers, aluminum cans, steel cans and plastic bottles shall
be placed in a recycling container provided by the municipality.
(4) Plastic and/or paper garbage bags shall not be utilized as containers
for glass containers, aluminum cans, steel cans and plastic bottles.
C. Municipally provided recycling carts/containers may not be used for
any other purpose whatsoever.
D. Removal of recycling carts/containers provided by the municipality
by any person is prohibited.
(1) Each residential property shall receive one cart which shall be coded
and assigned to that residential location. The residential property
owner is responsible for the replacement costs of the cart should
the cart be lost, stolen or damaged. The replacement fee shall be
$100.
(2) To ensure the placement of the coded and assigned and/or replacement
cart remains with the physical location, a fee of $100 shall be escrowed
at the time of resale of the property. The fee of $100 shall be released
once the Code Enforcement Officer has inspected the property and identified
the cart is physically on location at the residential property. If
the cart is not at the residential property, the fee shall be utilized
for a replacement cart.
E. Recyclables shall not be placed for collection earlier than the evening
of the day preceding a scheduled collection day. Recyclables must
be placed at the roadside by 6:00 a.m. on the scheduled collection
day. Empty containers shall be removed not later than 7:00 p.m. on
the day of collection.
F. All other terms and phrases shall be as defined in the Solid Waste
Management Act, and regulations promulgated thereunder, and the County
Plan, unless content clearly requires a different meaning.
Each recycling common area location shall conform to the following
standards at a minimum.
A. The dimensions of the recycling areas shall be sufficient in size
to accommodate recycling bins or containers which are of size and
number as required by the DSWM and which are consistent with current
methods of collection utilized by the Burlington County Regional Program
or the private collection company being utilized.
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Recycling Capacity and Siting Guidelines for Multifamily
Complexes
Minimum Container Capacity Requirements for Weekly Recycling
Service
|
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|
Dual Stream Collection
|
Fiber
(paper and cardboard)
|
Commingled
(bottles and cans)
|
---|
|
Non-age-restricted complex
|
One cubic yard of capacity for every 15 dwelling units
|
0.47 cubic yard (96 gallons) of capacity for every 18 dwelling
units
|
|
Age-restricted complex
|
One cubic yard of capacity for every 20 dwelling units
|
0.47 cubic yard (96 gallons) of capacity for every 24 dwelling
units
|
|
Single Stream Collection
|
Fiber and commingled
|
—
|
|
Non-age-restricted complex
|
2 cubic yards of capacity for every 20 units
|
—
|
|
Age-restricted complex
|
1.4 cubic yards of capacity for every 20 units
|
—
|
|
Unless expressly prohibited by a municipality, or not feasible
due to existing site constraints, recycling containers for all Class
A designated recyclables shall be co-located at all solid waste collection
areas within a multifamily complex.
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B. Outdoor recycling areas shall include a concrete pad of the size
as specified herein. The dimensions of the recycling areas shall at
a minimum conform to the following:
|
Common Container Dimensions
|
---|
|
Size
(cubic yards)
|
Length
(inches)
|
Width
(inches)
|
Height
(inches)
|
---|
|
1
|
72
|
24
|
29
|
|
2
|
72
|
34
|
45 (rear)/34 (front)
|
|
3
|
72
|
43
|
48 (rear)/40 (front)
|
|
4
|
72
|
51
|
56 (rear)/46 (front)
|
|
6
|
80
|
66
|
71 (rear)/47 (front)
|
|
8
|
80
|
71
|
86 (rear)/53 (front)
|
|
Note: Design is for paper and cardboard containers only. Additional
storage capacity shall be required for commingled container storage.
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C. The recycling areas shall be conveniently located for the residential
disposition of source-separated recyclable materials, preferably near,
but clearly separated from, refuse containers.
D. The recycling areas shall be well lit and shall be safely and easily
accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling areas without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling areas and the bins or containers placed therein
against theft of recyclable materials, bins or containers. The following
turning template can be used to plan vehicular accessibility to recycling
storage locations:
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COLLECTION VEHICLE APPROACH DETAIL
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E. Signs as approved by the DSWM clearly identifying the recycling areas
and the materials accepted therein shall be posted adjacent to all
points of access to the recycling areas.
F. Each recycling area shall be enclosed on three sides by a solid fence
six feet in height, and landscaping shall be provided around the fence.
In order to facilitate recycling in all new construction, and
to avoid the creation of unhealthful or cramped storage situations,
sufficient storage shall be available for recycling containers within
all new construction of residential housing.
A. Single-family, two-family and three-family dwellings. Each residential
dwelling unit shall be designed to provide a curbside recycling storage
container location containing, at a minimum, dimensions (length by
width by height) of no less than 36 inches by 32 inches by 84 inches
per unit. The location shall be clearly marked as such on floor plans
of the dwelling unit.
B. Recycling storage locations. Curbside recycling container storage
locations shall not include basements that require the negotiation
of stairs, or any location either above or below finished grade. Locations
shall be on a hard-wearing, smooth, continuous surface with access
to a path with a width no less than three feet and headroom of not
less than seven feet.
C. Multifamily and townhouse dwellings. Curbside recycling container
storage locations shall be provided for each multifamily and townhouse
dwelling where common area recycling storage areas are not otherwise
provided for in accordance with the following:
(1) Each multifamily and townhouse dwelling unit shall be designed to
provide a curbside recycling container storage location containing,
at a minimum, dimensions (length by width by height) of no less than
36 inches by 32 inches by 84 inches per unit. The location shall be
clearly marked as such on floor plans of the dwelling unit.
(2) Recycling storage locations. Curbside recycling container storage
locations shall not include basements that require the negotiation
of stairs, or any location either above or below finished grade. Locations
shall be on a hard-wearing, smooth, continuous surface with access
to a path with a width no less than three feet and headroom of not
less than seven feet.
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.
A. Designated recyclable materials for the mandatory commercial and
institutional source-separation program shall consist of the following
materials:
(11)
Plastic bottles (Coded No. 1 and No. 2).
(19)
Other recyclable materials as designated by the municipality.
B. The owner or manager of each and every one commercial and institutional sources shall be required to report recycling tonnages as described in §
137-20.
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.
Pursuant to N.J.S.A. 7:26A-10.3, all commercial and institutional
generators, including multifamily housing owners or their agents,
shall report the tonnage of designated recyclable materials collected
for recycling from their business or premises, as follows:
A. The management individual(s) responsible for the provision of recycling
services as herein defined at all residential, commercial, institutional
and industrial properties that contract for recycling services with
a private company shall submit to the Municipal Recycling Coordinator,
by the first day of February of each year, documentation verifying
the previous year's total recycling (expressed by weight) for
each material recycled.
B. Documentation shall take the form of a letter or report issued by
the recycling service provider or end market to the generator of the
recycled material. The generator must maintain weight slips or paid
invoices and make such records available for inspection by this municipality,
county or state for a period not to exceed five years.
C. Any solid waste or recycling service provider shall submit to the
Municipal Recycling Coordinator, by the first day of February of each
year, documentation verifying the previous year's total recycling
(expressed by weight) for each material recycled on forms as prescribed
by the DSWM.
D. At a minimum, all reporting shall detail the municipality of origin,
the name and location of the market or recycling center and the amount
of each source-separated recyclable material, expressed in gallons,
tons or cubic yards, brought to each manufacturer or recycling center
from the municipality of origin. Those persons specifying this information
in cubic yards shall also indicate the conversion ratio utilized for
calculating the materials from cubic yards to tons.
In addition to any other remedy provided in this article, the Township 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 §
137-25 hereof. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence, exercise or any remedy shall not prevent the Township 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 materi with the SWMA
and the County Plan.