[HISTORY: Adopted by the Township Council of the Township of Mount Holly as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 82.
Junk dealers — See Ch. 145.
Littering — See Ch. 158.
Public health nuisances — See Ch. 176.
Trash and garbage in parks — See Ch. 187, Art. I, § 187-1A(9).
Property maintenance — See Ch. 212.
Responsibility for garbage and trash generated by rental units — See Ch. 216, Art. V, § 216-25B.
[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.
STREET, CURB, SIDEWALK and ALLEY
Any accepted public street, curb, sidewalk and alley.
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.
A. 
Application. Annually, each and every person desiring to engage in the business of privately collecting waste material within the Township shall apply to the Township Manager for permission to do so during the current calendar year. No such permission shall be granted until and unless the applicant shall have satisfied the manager of the sufficiency and sanitation of the equipment and vehicles to be used in the private collection and disposal of such waste material.
B. 
Regulations. Every private collector of waste material, authorized as provided for in this section, shall conform to the provisions of this article, other ordinances of the Township and the regulations of the Manager governing the collection and disposal of rubbish waste material.
C. 
Vehicles. All vehicles used in transporting waste material through the streets of the Township must be furnished by the owner with a good and tight body and shall be securely covered when loaded with a type of cover approved by the Township Manager so as to prevent their contents from being scattered upon the streets.
A. 
All waste material of any nature which shall be made and accumulated in the dwelling houses, hotels, stores, markets and other buildings or premises in the Township shall either be removed by the Township in accordance with the regulations set forth herein or by an authorized collector.
B. 
No person shall accumulate or permit, suffer or allow the accumulation in any building or on any premises owned, occupied or controlled by him of any waste material for a period longer than one week or seven calendar days unless this material constitutes a health hazard, in which case it shall be removed immediately.
C. 
Only authorized persons to collect. It shall not be lawful for any person, excepting an employee of the Township in the discharge of his duties or an authorized waste collector, to collect, pick in, rake up or in any way disturb the paper, garbage or other waste material of whatsoever nature deposited in any receptacle or laid or placed on any street or public place.
A. 
Duty to provide.
(1) 
The owner, agent, lessee, tenant or occupant of every dwelling, restaurant, market, store or other premises in the Township, where paper, garbage, rubbish or refuse shall accumulate, shall provide and keep on such premises sufficient and suitable receptacles and tight-fitting covers for the same for receiving and holding the aforesaid materials.
(2) 
In dwellings containing a single-family unit and in restaurants, markets, stores or similar establishments, the receptacles shall be procured and maintained by the tenants. In tenements, dwellings and apartment houses containing two or more dwelling units, the procurement and maintenance of receptacles shall be the responsibility of the landlord.
B. 
Number. Each dwelling or premises shall have at least one receptacle and as many more receptacles as are necessary to completely contain all waste materials generated by or accumulated by each family unit residing on the premises and by each restaurant, market, store or similar establishment, during the period from one collection day to the next ensuing collection day as established by the Township.
C. 
Specifications.
(1) 
Each receptacle is to be made of metal or plastic of a substantial nature with a tight-fitting cover of the same material, so constructed as to prevent spilling or leakage of its contents. It shall be not more than 20 gallons in capacity and equipped with pull handles. It shall be cleaned and sanitized as needed after emptying.
(2) 
Plastic bags may be used as receptacles, provided that they are of sufficient thickness to withstand the weight of the contents. Broken glass or other sharp or pointed objects are not to be placed in plastic bags. Each bag must be properly closed.[1]
[1]
Editor's Note: Original Subsection 3, regarding leaves, which immediately followed this section, was deleted 6-22-1992 by Ord. No. 1992-5. See now § 137-18.
(3) 
Wherein private collectors are being used, heavy-duty metal containers may be used, provided that they are watertight with windproof covers.
(4) 
The use of baskets, cardboard boxes and paper bags as receptacles for waste materials is not permitted.
(5) 
Receptacles that are badly broken or otherwise fail to meet the requirements of this article, may be classed as rubbish and may be collected as such by the Township.
[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.
A. 
Garbage shall be thoroughly drained of all water, wrapped securely in paper and placed in a receptacle as defined above.
B. 
Ashes, combustible and noncombustible rubbish and trade waste shall be held and stored in a receptacle that may be the same receptacle used to contain the wrapped garbage. Where these materials are of such a nature that they cannot be deposited in a receptacle, can or barrel, they shall be securely and properly tied into bundles or packages to prevent any spilling while being handled by Township employees or while such bundles or packages are located on the sidewalk awaiting collection. The bundles or packages shall be of a size and weight to permit ease of handling by one man but shall not exceed 65 pounds in weight.
C. 
Tree limbs and brush shall be cut into four-foot lengths and tied into bundles not exceeding 65 pounds in weight that can be picked up by one man.
D. 
Paper shall be secured and properly tied into bundles or other packages in a manner to prevent any scattering while being handled by the collectors or while such bundles or packages are located on the sidewalk awaiting collection. The bundles or packages shall be of a size and weight to permit ease of handling by one man and shall not exceed 65 pounds in weight.
E. 
All receptacles and cans used for the purposes herein described shall not be filled higher than three inches below the top and when so filled shall be of such weight not exceeding 65 pounds as can be easily handled by one man. It is unlawful to use barrels, baskets and paper or wooden boxes for this purpose.
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.
A. 
To ensure the effective operation of the provisions of this article, the Township Manager is authorized to make such written rules, regulations or orders as may be necessary or expedient to further implement the provisions of this article.
B. 
When it shall appear to be more efficient for collection by the Township, the Township Manager, in his sole discretion, upon written request or permission by the owner, may authorize and order the Township collectors to enter upon and collect garbage and refuse placed at the curbline or sideline of such unaccepted streets, lanes, alleys, driveways, service areas or other thoroughfares or areas as he may designate, subject to such conditions as he may impose. Such collection service shall not be construed to be an acceptance of any such unaccepted thoroughfare or area.
C. 
No person shall violate any written rule, regulation or order made by the Township Manager pursuant to this article.
D. 
No rule, regulations or order shall be effective until it has been filed with the Township Clerk and published at least once in the newspaper in which Township ordinances are published.
[Adopted 9-13-2010 by Ord. No. 2010-12[1]]
[1]
Editor's Note: This ordinance also superseded former Art. II, Recycling, adopted 7-11-1988 by Ord. No. 1988-9, as amended.
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.,[1] 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).
DE MINIMIS
Less than 1% by volume.
DEP or DEPARTMENT
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 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,[2] 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.
YARD TRIMMINGS
Grass clippings, leaves, tree parts and brush.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.94 et seq.
[2]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
A. 
Notwithstanding the limitations to the Burlington County Regional Program (BCRP) or the Municipal Recycling Depot as outlined within this article, every person is required to source separate and recycle each of the designated recyclable materials outlined within this article.
B. 
Residents shall be responsible for recycling any designated recyclable material not otherwise provided for within the scope of this article by utilizing private recycling collection systems.
A. 
In order to facilitate the collection of certain designated recyclable materials, there is hereby established a curbside program for the collection of source-separated recyclable material from all non-physically disabled residents of the municipality.
B. 
Designated recyclable materials for the curbside program are those materials designated by the DSWM for collection within the BCRP. These materials are aluminum cans, corrugated cardboard, glass containers, paper, plastic bottles (coded No. 1 and No. 2), steel (tin) cans and other recyclable materials as may be designated from time to time by the DSWM.
C. 
Multifamily complexes of 20 or more units, condominium complexes of 20 or more units or mobile home parks of 20 or more units, or any commercial or institutional establishment shall not receive collection under this program unless the collection location and type of containers are approved by the DSWM.
D. 
Collections of recyclable materials pursuant to this section shall be in accordance with a schedule of recycling collection areas and dates promulgated by the DSWM and publicly advertised by the municipality or county.
E. 
All residents shall source separate all designated recyclables for curbside collection and shall place them at the side of the road fronting their residence in the manner designated by § 137-14 of this article and on the date specified for collection.
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,[1] and regulations promulgated thereunder, and the County Plan, unless content clearly requires a different meaning.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
A. 
There is hereby established a municipal depot program for the convenience of the residents. Source-separated recyclables listed below may be brought to Public Works Garage, 250 Rancocas Road, during the times and days advertised and available at the office of the Township Clerk.
(1) 
Municipal parking lot, rear of Municipal Building, 23 Washington Street, shall accept paper and corrugated cardboard only.
B. 
The following source-separated recyclables will be accepted at the Municipal Recycling Depot:
(1) 
Aluminum cans.
(2) 
Corrugated cardboard.
(3) 
Glass containers.
(4) 
Paper.
(5) 
Plastic bottles (Coded No. 1 and No. 2).
(6) 
Steel (tin) cans.
(7) 
Other recyclable materials as designated by the municipality.
A. 
Every multifamily, qualified private community and mobile home park within the municipality shall be required to provide, for the use of their residents, a centralized and common location within their property for the storage, prior to collection, of source-separated recyclables, listed in Subsection C below, generated by the residents of their property.
B. 
It shall be the responsibility of the owner or manager of every multifamily, qualified private community and mobile home park to construct and maintain, in a neat and sanitary condition, and to provide recycling containers and recycling storage location(s) on their property as specified herein and in accordance with the requirements of the DSWM.
C. 
Designated source-separated recyclables:
(1) 
Aluminum cans.
(2) 
Corrugated cardboard.
(3) 
Glass containers.
(4) 
Paper.
(5) 
Plastic bottles (coded No. 1 and No. 2).
(6) 
Steel (tin) cans.
(7) 
Other recyclable materials as designated by the municipality.
D. 
The owner or manager of each and every one of the above-referenced locations shall notify all new residents within 30 days of occupancy and all residents of such location as to the list of materials that are required to be recycled, the location of all recycling containers and the requirements of recyclable material preparation no less than two times each calendar year.
E. 
The owner or manager of each and every one of the above-referenced locations who elects not to participate in the Burlington County Regional Program shall arrange for the collection and recycling of the designated recyclable materials outlined within this section at his/her own expense as allowed by law.
F. 
The owner or manager of each and every one of the above-referenced locations shall be required to report recycling tonnages as described in § 137-20 except where collection services are provided by the Burlington County Regional Program.
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.
Recycling Capacity and Siting Guidelines for Multifamily Complexes
Minimum Container Capacity Requirements for Weekly Recycling Service
Dual Stream Collection[1]
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.
[1]
Editor's Note: The Common Area Recycling Storage Location (Dual Stream) Detail is included at the end of this chapter.
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.
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:
COLLECTION VEHICLE APPROACH DETAIL
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:
(1) 
Aluminum cans.
(2) 
Antifreeze.
(3) 
Consumer electronics.
(4) 
Corrugated cardboard.
(5) 
Fluorescent lights.
(6) 
Glass containers.
(7) 
Lead acid batteries.
(8) 
Leaves.
(9) 
Metal appliances.
(10) 
Paper.
(11) 
Plastic bottles (Coded No. 1 and No. 2).
(12) 
Rechargeable batteries.
(13) 
Steel (tin) cans.
(14) 
Textiles.
(15) 
Tires.
(16) 
Used motor oil.
(17) 
Ink jet cartridge.
(18) 
Toner cartridge.
(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.
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 depot 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 depot.
(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 offer to collect or knowingly collect designated recyclable materials in any manner except as source-separated recyclable materials as defined herein.
(6) 
Any person required to provide a report as required under this article to fail to do so.
B. 
All unlawful conduct set forth in this section shall constitute a public nuisance.
A. 
Any 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.
B. 
Any person collecting solid waste generated within this municipality shall refuse to collect solid waste from any person who has placed solid waste into a municipally issued recycling container.
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 depot 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 depot.
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 effective date of this article, unless such renewal or such contract shall conform to the requirements of this article.
A. 
Enforcement of this article shall be the responsibility of the Municipal Recycling Coordinator and/or the local Code Enforcement Official/Health Officer.
B. 
Said person(s) 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 and/or the local Code Enforcement Official/Health Officer, the Burlington County Health Department and the DSWM 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 Township, and penalty or fine shall be collected with costs in a summary civil proceeding.
E. 
Any penalties or fines collected in an enforcement action shall be paid to the Township when the Township brings such action.
F. 
Any penalties or fines 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 DSWM.
A. 
Any person who violates the provisions of this article shall, upon conviction thereof in a proceeding before a court of competent jurisdiction, be subject to the following fines:
(1) 
Misuse of recycling containers/carts for trash, theft of containers: a fine of not less than $65 and not more than $100.
(2) 
Residential recycling violation: a fine of not less than $25 and not more than $1,000.
(3) 
Scavenging: a fine of not less than $50 and not more than $1,000.
(4) 
Commercial or institutional violation: a fine of not less than $500 and not more than $1,000.
(5) 
For any person who offers to collect recyclable materials in any manner except as prescribed within this article: a fine of not less than $1,000 and not more than $4,500.
(6) 
For any solid waste or recycling service provider who fails to report as required within this article: a fine of not less than $500 and not more than $1,000.
(7) 
For any 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 who fails to report as required within this article: a fine of not less than $500 and not more than $1,000.
B. 
Each continuing day of violation of this article shall constitute a separate offense.
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.