Township of Roxbury, NJ Garbage and Refuse

"Rubbish" shall mean and include rags, old clothes, leather, rubber, carpets, wood furniture, metal shavings, crockery and other similar materials excluding therefrom any materials required for source separation pursuant to section 3-14, Recycling Program, of these ordinances.

"Refuse" shall mean ashes, rubbish and trade waste not otherwise mandated for source separation pursuant to section 3-14, Recycling Program, of these ordinances.

"Waste material" shall mean and include all or any garbage, refuse, paper, trade waste or similar items unless same are mandatory recyclable pursuant to section 3-14, Recycling Program, of these ordinances.

"Street", "curb", "sidewalk", "alley" shall mean any accepted public street, curb, sidewalk and alley.

"Building materials" shall mean and include all or any wastes from building construction when performed by a contractor.

§ 22-7.2 General Requirements.

Unless otherwise set forth in the provisions of section 3-14, Recycling Program, all waste material of any nature which is generated and/or accumulated in the dwelling houses, hotels, stores, markets, and other buildings or premises within the township shall either be removed by the township in accordance with the regulations set forth herein, or by a licensed collector. All waste materials described as designated materials in subsection 3-14.10 shall be collected pursuant to section 3-14, Recycling Program.

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.

The owner or occupant of every dwelling, store, restaurant, shop or other premises where garbage or refuse matter may accumulate shall provide and keep on the premises suitable receptacles for receiving or holding the garbage and other refuse until it is collected or otherwise disposed of.

§ 22-7.3 Receptacles.

Duty to provide.

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 same, for receiving and holding the aforesaid materials.

On properties containing more than a single tenant, the provision of proper receptacles shall be the responsibility of the property owner.

Number. Each dwelling or premises shall have at least one receptacle and as many more receptacles as are necessary to completely contain all waste material 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.

Specifications for approved receptacles.

Each receptacle is to be made of metal or plastic, of substantial nature with tight-fitting cover of the same material, so constructed as to prevent spilling or leakage of its contents. It shall be not more than 32 gallons capacity and equipped with pull handles, provided that the loaded weight of a receptacle shall not exceed 50 pounds. It shall be cleaned and sanitized as needed after emptying.

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. Plastic bags containing food by-products shall be stored in a metal or plastic container as specified in paragraph c1.

The use of baskets, cardboard boxes and paper bags as receptacles for waste materials is not permitted.

Receptacles that are badly broken or otherwise fail to meet the requirements of this section, may be classed as rubbish and may be collected as such by the township.

Dumpsters.

Where an excessive amount of waste materials are generated at a location, the township reserves the right to require the waste generator to provide dumpsters for their refuse storage and removal. These dumpsters shall be enclosed, watertight, rodent proof, and provided with windproof covers.

§ 22-7.4 Removal by Township.

The township, by its designated agents and employees, will collect and remove at no direct cost to the residents or occupants of any commercial establishment or dwelling house in the township only the waste material as classified herein, when such waste material is placed into proper receptacles or bundles and offered for collection in the quantity and manner prescribed herein subject to the conditions set forth herein below.

Limitations. Only such waste material as defined in subsection 22-7.1 hereof will be collected by the township, provided, that these materials are prepared, held and stored in the manner as required by this section. Only five approved receptacles are permitted per week per dwelling house or commercial establishment. Commercial establishments which generate waste material in excess of five approved receptacles per week shall be required to utilize the services of private collectors.

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 sidewalk or street at any time except on the day of collection and then not more than eight hours before the collection day fixed and published by the township manager, nor shall any person allow or permit any empty receptacle to remain upon such sidewalk or street past 6:00 p.m on the day that the contents have been collected. Waste material not placed at the curb by 5:30 a.m. on the day of collection may not be collected by the township.

Receptacles; placement. 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 of a public street in front of the building.

Receptacles, on days other than collection days, 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 closer to the street than the building setback line or shall be screened from public view.

Township collectors not to enter private property. Town-ship refuse collectors are prohibited from entering upon any driveway or any privately owned buildings for the purpose of moving refuse material to the curb for collection except as provided in this subsection.

Interference with township agents and employees. No per-son shall prevent or interfere with any agent or employee of the town-ship 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.

§ 22-7.5 Preparation of Wastes for Collection.

Garbage shall be thoroughly drained of all water, wrapped securely in paper and placed in a receptacle as defined above.

Ashes, combustible and noncombustible rubbish and trade waste shall be stored and held 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, 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 50 pounds in weight.

Tree limbs and brush shall be cut into four-foot lengths and will only be picked up by special collections.

Paper not required to be recycled 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 50 pounds in weight.

All receptacles 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 50 pounds as can be easily handled by one man. It is unlawful to use barrels, baskets and paper or wooden boxes for this purpose.

Large bulk items or specialty items.

Applicability. The following items are considered large bulk items or specialty items to be picked up by special collection upon application to the township in accordance with procedures established by the township manager: refrigerator, freezer, central air-conditioner, window air-conditioner, clothes washer or dryer, stove, dishwasher, metal or wood shed (disassembled and in bundles, per each wood or metal shed), carpet (more than 15 yards), television set (25 inches or greater), mat-tress and box spring (either or both), water heater, riding lawn mower, sofa or loveseat, furnace, swing set and other similar items.

Removal of freon or hazardous substances. No large bulk items or specialty items will be removed unless freon and hazardous substances have been removed. In the case of freon removal, documentation of freon removal must be presented at time of application for removal.

Application for removal. All township residents seeking to have any large bulk items or specialty items removed may obtain a form request for same by visiting or telephoning the department of public works at the township municipal building. Upon the filing of a written request on the appropriate form and payment of the appropriate fee, if any, a township bulk item removal sticker will be provided to the resident. The resident shall affix the sticker to the item and place it at curbside the day before the date for pickup. The township will only remove such items which have the appropriate sticker affixed. Damaged, illegible or partial stickers may be deemed void.

Fees. Fees for the sticker to be affixed to the large bulk item shall be established by resolution of the township governing body from time to time.

The township is not responsible for waste materials being left on the street or curbline due to improper storage or preparation of waste material for collection.

Ashes must be doused with water so that all potential for fire is eliminated before being commingled with other waste material or placed at the curb for collection.

Animal wastes shall be deposited into a two ply plastic bag or double plastic bag, leak proof and sealed.

Compressed gas container. No tank or other container which is used for holding compressed gas shall be picked up unless empty. "Empty" means the pressure inside the container approaches atmospheric. Valves should be left in the full open position.

§ 22-7.6 Wastes Not to Be Collected.

The following waste materials will not be collected for disposal by the township:

Rocks, dirt, concrete, road sweepings, asphalt, tires, animal and human waste, chemical drums, oil, acids, any hazardous or toxic waste materials or liquids, building materials, chlorine (empty containers rinsed thoroughly and container left open will be removed).

Grass clippings and garden waste (these should be composted by residents).

Any other materials determined to be inappropriate for township waste material collection as determined pursuant to subsection 22-7.9 hereof.

§ 22-7.7 Private Collectors.

Any person engaged in the business of the collection or disposal of garbage and other refuse shall comply with all of the following requirements:

Any truck used for the collection and transportation of garbage shall have a water-tight body and be so protected on the top that no garbage or other refuse shall be blown or dropped from the truck. The garbage and other refuse carried in the truck shall be confined within its permanent body construction. Such trucks shall be kept covered at all times except during the period of filling or emptying.

Any garbage or other refuse which spills or is dropped or blown from a truck either during collection or transportation shall be swept or cleaned up immediately so as not to leave any such matter upon the streets or premises within the township.

All containers or receptacles emptied during the course of the collection of garbage or other refuse matter shall be returned to the locations from which they were removed during the course of collection.

In addition to compliance with the foregoing requirements, any person engaged in the collection or disposal of garbage and other refuse matter within the township shall comply with all State statutes, codes and regulations and all municipal ordinances and regulations concerning the collection and disposal of such materials. Any area used for the disposal of garbage and other refuse matter shall be maintained and operated in accordance with all applicable State statutes, codes and regulations and municipal ordinances and regulations.

§ 22-7.8 Regulate Garbage Collected Outside Township.

No garbage or other refuse matter collected or originating outside the township shall be:

Placed, dumped or accumulated on any land or property within the township.

Deposited, stored or buried in any manner on any land or property in the township.

Transported into the township for any of the foregoing purposes, provided that nothing contained herein shall be construed to affect or limit in any way any activity directly connected with the conduct of a junk dealer business, the owner or operator of which is duly licensed pursuant to the general ordinances of the township.

§ 22-7.9 Additional Rules and Regulations.

To insure the effective operation of the provisions of this section 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 section.

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 of such unaccepted streets, lanes, alleys, driveways, service areas or other thoroughfare or area 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.

No person shall violate any written rule, regulation or order made by the township manager pursuant to this section.

No rule, regulation, 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.

The frequency of the collection to be provided to township property owners shall be established by the township council by resolution.

§ 22-7.10 Refuse Containers.

Purpose. This subsection requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Roxbury and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Roxbury, and is designed and used for collecting and conveying stormwater.

PERSON

shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

REFUSE CONTAINER

shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

STORMWATER

shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipments.

WATERS OF THE STATE

shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

Prohibited conduct.

Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out of or overflowing.

Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system operated by the Township of Roxbury.

Exceptions to prohibition.

Permitted temporary demolition containers;

Litter receptacles (other than dumpsters or other bulk containers);

Individual homeowner trash and recycling containers;

Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit; and

Large bulky items (e.g., furniture, bound carpet and padding, white goods placed outside for pickup).

Enforcement. This subsection shall be enforced by the police department and/or other municipal officials of the Township of Roxbury.

Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed five hundred ($500.00) dollars for each container that is not covered in accordance with the requirements of this subsection.

§ 22-7A RECYCLING PROGRAM.

§ 22-7A.1 Definitions.

COMMINGLED

shall mean a combining of nonputrescible source-separated recyclable materials for the purpose of recycling.

DESIGNATED RECYCLABLE MATERIALS

shall mean those materials designated within the Morris County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:

ALUMINUM CANSCans made from aluminum that were manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.

GLASS BOTTLES AND JARSBottles and jars made from glass including clear, brown and green glass. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A jar is defined as a wide mouthed container that can be capped. Caps and lids not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex® or ceramic.

Plastic bottles (coded 1 and 2)" - Plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as polyethylene terrephthalate (PETE) or high density polyethylene (HDPE). See symbols to the left. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. Caps and lids not included. Any item made of plastic that is not a bottle, and any plastic bottle without one of the symbols shown to the left is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc. should not be recycled.

STEEL (TIN) CANSAir-tight containers for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.

NEWSPAPERA publication containing news, information and advertising, usually printed on low-cost paper called newsprint. Newspaper may include glossy inserts which come with the paper, dependent upon the market conditions at the time.

CORRUGATED CARDBOARDShipping containers made with kraft paper linerboard and corrugated medium.

MIXED PAPERVarious categories of recyclable paper including, but not limited to white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, soft cover books.

LEAVESVegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.

GRASS CLIPPINGSVegetative material generated when grass (lawns) are cut.

BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.

NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.

OIL-CONTAMINATED SOILNonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, #4 and #6 heating oils and certain other refinery products including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.

USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.

LEAD-ACID BATTERIESStorage batteries in which the electrodes are grids of lead, containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.

HAZARDOUS DRY CELL BATTERIESRechargeable batteries, such as nickel-cadmium, nickel-iron, nickel metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous as defined by the Resource Conservation Recovery Act ("RCRA"), regardless of the RCRA exclusion of household waste from the definition of hazardous waste pursuant to 40 C.F.R. 261.4(b). Nonrechargeable, hazardous batteries include older alkaline and carbon zinc batteries as well as silver oxide, mercury and magnesium button-type batteries, etc. It should be noted that domestically manufactured alkaline and carbon zinc nonrechargeable batteries made after circa 1994 eliminated mercury content to the point that they should not be considered RCRA hazardous and therefore are not included in this material category.

METAL APPLIANCESAppliances composed predominantly of metal, and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant must be recovered accordingly.

WHOLE TIRES*Tires that are whole, not chipped into small pieces.

*Tires are allowed to be recycled and/or incinerated for energy recovery.

ELECTRONIC WASTE

shall mean 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.

MULTI-FAMILY DWELLING

shall mean 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. 14:1E-99.14a.) 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 (C. 55: 14A-1 et seq.).

MUNICIPAL RECYCLING COORDINATOR

shall mean the person or persons appointed by the township manager to fulfill the requirements of the Morris County Solid Waste Management Plan and the New Jersey Statewide Mandatory Source Separation and Recycling Act and those rules and regulations promulgated therefor.

MUNICIPAL SOLID WASTE (MSW) STREAM

shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township of Roxbury.

RECYCLABLE MATERIAL

shall mean 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.

SOURCE-SEPARATED RECYCLABLE MATERIALS

shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling; Source separation- means 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.

§ 22-7A.2 Source Separation; Exemption from Source Separation Requirements.

Mandatory source separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Township of Roxbury, to separate designated recyclable materials from all 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 collected in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Township of Roxbury, including the pickup by licensed private recycling haulers where applicable.

Exemptions. Pursuant to N.J.S.A. 14:1E-99.16(d), the township council may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of this section which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this section, a commercial or institutional generator of solid waste shall file an application for exemption with the municipal recycling coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the municipal recycling coordinator of the total number of tons collected and recycled for each designated material.

§ 22-7A.3 Acceptance of the Municipal Solid Waste Recycling Goal.

As set forth in N.J.S.A. 14:1E-99.14.3b.(4)(c), the Township of Roxbury accepts the goal of 50 percent recycling of municipal solid waste by 2015 and shall monitor its level of recycling and solid waste disposal and shall strive to achieve the recycling of 50 percent of the municipal solid waste generated within its borders.

§ 22-7A.4 Collection of Recyclable Materials.

The collection of recyclable material shall be in the manner prescribed as follows:

All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, 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 a safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above any time after 5:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 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.

All receptacles or dumpsters shall be maintained in accordance with the requirements of this section. The owner of any property shall be responsible for compliance with this section.

§ 22-7A.5 Residential Dwelling Compliance Requirements.

The owner of any property shall be responsible for compliance with this section. 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. All properties not serviced by municipal recycling collection must submit recycling documentation on a quarterly basis to the municipal recycling coordinator. 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.

§ 22-7A.6 Nonresidential Establishment Compliance Requirements.

All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.

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 municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoor 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 this chapter 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.

§ 22-7A.7 New Developments of Multi-Family Residential Units or Commercial, Institutional, or Industrial Properties.

Any application to the planning or zoning board of the Township of Roxbury, for subdivision or site plan approval for the construction of multi-family 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 Township Planner.

Prior to issuance of a Certificate of Occupancy by the Construction Official of the Township of Roxbury the owner of any new multi-family 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 to the Recycling Coordinator, in those instances where the municipality 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 Township Engineer/Director of Public Works or his/her designee.

§ 22-7A.8 Prohibition of the Collection of Solid Waste Mixed with Recyclable Materials.

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 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 section and the local sanitary code.

Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than those authorized by the township, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.

§ 22-7A.9 Enforcement.

The recycling coordinator, sanitation staff, litter control officer, department of health, or the zoning officer and the Morris County Department of Health are hereby individually and severally empowered to enforce the provisions of this section. 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.

The township engineer/director of public works and/or his designee and the recycling coordinator are hereby authorized and directed to enforce all provisions of this section. The township engineer/director of public works is authorized to delegate authority to the assistant director of public works or the municipal recycling coordinator the responsibility of administering the recycling program in the following manner:

Promulgate necessary schedules and instructions which, as from time to time amended, become enforceable provisions of this section when approved by the governing body.

Supervise activities at recycling centers and collection points.

Submit to the governing body timely budget estimates to conduct this activity.

Designate personnel, as necessary, and make them available to supervise recycling and collection sites.

Plan for and furnish storage facilities for recyclables.

Record and report, as required, volumes of recyclables collected, stored, sold and otherwise disposed.

Maintain supplies of forms and distribute to businesses and collectors respectively as required.

Maintain records of all recyclables collected.

Inspect solid waste containers at random times and places to verify compliance with this section.

§ 22-7A.10 Violations and Penalties.

Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than twenty-five ($25.00) dollars, nor more than one thousand ($1,000.00) dollars. Each day for which a violation of this section occurs shall be considered a separate offense.

Fines levied and collected pursuant to the provisions of this section 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.