[HISTORY: Adopted by the Mayor and the Council of the Borough of Somerdale 3-10-2021 by Ord. No. 2021:03. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 201, Recycling, adopted 7-10-1985 by Ord. No. 85:09, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- DESIGNATED RECYCLABLE MATERIALS
- Those materials designated within the Camden County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include newspaper, corrugated cardboard, phone books, paperboard boxes (cereal, pasta, tissue, etc.), beverage cartons, cardboard beverage carriers, paper bags, file folders, office paper, paper towel rolls, paperback books, magazines, brochures, inserts, greeting cards, regular and junk mail, aluminum and metal can containers, only No. 1 and No. 2 plastic beverage and other materials containers (caps removed), and glass bottles and jars (caps and lids removed) shall be placed together in the Borough-issued red recyclables cart; no food contaminated items, such as pizza boxes or take-out cartons.
- ELECTRONIC WASTE (E-WASTE)
- A computer 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, microwaves, cameras, camcorders, radios, electric typewriters, blu ray players and hand-held games or organizers.
- 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.).
- MUNICIPAL RECYCLING COORDINATOR
- The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this chapter, and any rules and regulations which may be promulgated hereunder.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Borough of Somerdale.
- RECYCLABLE MATERIAL
- Those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
- SINGLE-STREAM (also known as "fully commingled" or "single-sort")
- Single-stream recycling is a system in which all recyclables, including newspaper, cardboard, plastic, aluminum, junk mail, etc., are placed in a single cart for recycling. These recyclables are collected by a single truck and taken to a materials recovery facility (MRF) to be sorted into various commodity streams for sale to markets, where it is processed into feedstock which can be used in the manufacture of new products.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
- SOURCE SEPARATION
- The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
- TREE LIMBS, BRANCHES, BRUSH
- The wood from broken or cut branches from ornamental trees including nonflocked Christmas trees, or shrubs in excess of four feet in length, but not larger than six inches in diameter, intended for the incidental maintenance of ornamental trees and shrubs and not property clearing or extensive thinning of large areas.
- YARD/VEGETATIVE WASTE, SEASONAL LEAF COLLECTION
- Decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings less than four feet in length. Yard waste shall not include roots, stumps that exceed six inches in diameter, or tree limbs, branches, or brush in excess of four feet in length.
Mandatory source separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and non-residential 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 Somerdale, to separate designated recyclable materials from all other solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Borough of Somerdale.
Exemptions: Pursuant to N.J.S.A. 13:1E-99.16(d) commercial or institutional premises may be granted an exemption to the requirements under this chapter if the owners and/or occupiers of said premises have otherwise provided for recycling. Application for exemption shall be made on the form provided by the Borough.
Single-stream collection. All red ninety-five-gallon carts containing recyclable materials shall be placed, prior to collection on the designated collection day, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above any time after 4:00 p.m. of the day immediately preceding the designated day of collection, but no later than 6:30 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.
Electronic waste. Residents must call to schedule a pickup on their designated collection day. Waste material must be placed between the sidewalk and the curb, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such material shall be readily accessible to the collector without providing obstruction to pedestrians.
Yard/vegetative waste. Yard/vegetative waste will be collected weekly from the first Monday in April through the last Monday in October. November through March collection will be the last Monday of the month. If a collection day falls on a holiday, the yard/vegetative waste will be collected on the next regular scheduled Monday (not the next day). Waste must be placed in open containers not to exceed 32 gallons in size with handles, drain holes, and not exceed 40 pounds in weight or biodegradable paper yard waste bags. Yard/vegetative waste will not be collected if in plastic bags. The waste must be free of pet waste, trash, stones, bricks, blocks, or any other nonvegetative material. Waste material must be placed between the sidewalk and the curb, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such material shall be readily accessible to the collector without providing obstruction to pedestrians.
Seasonal leaf collection. Leaves will be collected in spring and fall, the schedule is determined by the Superintendent of Public Works and will be published through the newsletter or collection calendar. Leaves must be raked between the sidewalk and curb, leaves must not be placed in the roadway. Leaves must not be on a storm inlet or within 10 feet of either side of a storm inlet. If leaves are bagged, they must be in paper biodegradable bags and not in plastic bags, plastic bags are not accepted and will not be collected. If leaves are being recycled outside of the spring or fall collection schedule they must be placed in with the yard/vegetative waste collection and must follow the yard/vegetative waste collection regulations.
Tree limbs, branches, brush. Tree limbs, branches, brush, nonflocked Christmas trees (flocked trees collected in bulk trash collection) exceeding four feet in length not exceeding six inches in diameter will be collected on Monday. If a collection day falls on a holiday, the waste will be collected on the next regular scheduled Monday (not the next day). Tree limbs, branches, brush less than four feet in length must be placed in with the yard vegetative waste collection in the appropriate container. The waste is not to be tied, all the cut ends must be stacked facing the same direction and placed between the curb and sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such material shall be readily accessible to the collector without providing obstruction to pedestrians. All work performed and waste generated by a tree service company/contractor must be removed at the homeowner's expense by the contractor performing the work. This material cannot be placed curbside.
The owner of any property shall be responsible for compliance with this chapter. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this chapter.
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the Borough provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoors litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any code enforcement officer.
Any application to the Planning Board of the Borough of Somerdale, for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator.
Prior to the issuance of a certificate of occupancy by the Borough of Somerdale, the owner of any new multifamily housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the Borough does not otherwise provide this service.
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the municipal engineer.
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or 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 which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
It shall be the responsibility of the resident and or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this chapter and the local sanitary code.
Once placed in the location identified by this chapter, or any rules or regulations promulgated pursuant to this chapter, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, and the Camden County Department of Health are hereby individually and severally empowered to enforce the provisions of this chapter. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250, nor more than $1,000. Each day for which a violation of this chapter occurs shall be considered a separate offense.
Fines levied and collected pursuant to the provisions of this chapter shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program, including, salaries for enforcement, purchasing additional new carts, cost of distributing educational material for businesses and residents, and any other cost related to recycling deemed necessary by the Recycling Coordinator.
In the event that it is determined, by a Court of competent jurisdiction, that any provision or section of this chapter is unconstitutional, all other sections and provisions shall remain in effect. This chapter shall take effect immediately, unless otherwise provided by resolution of the governing body.
Borough Council is authorized and empowered to create regulations to accomplish the goals of this chapter, which authority extends to the ability to make changes and modifications to this chapter by resolution.