The rules and regulations of this chapter are mandatory for all entities (including but not limited to: persons, families, businesses and commercial establishments) living, working or conducting business in the Borough of Flemington.
Any recyclable placed at the curbside for pickup or deposited at a residential complex depot shall be and become the property of the Borough of Flemington or its authorized agent. It shall be a violation of this chapter for any person or company unauthorized by the Borough of Flemington to collect or pick up or cause to be collected or picked up any such recyclable. Each such collection or pick up in violation hereof is an offense subject to a fine of up to $1000.00. Multiple collections or pickups are deemed multiple separate and distinct offenses.
No recyclable may be donated or sold to any person, partnership or corporation (whether operating for profit or not for profit) unless said person, partnership or corporation has first received written authorization from the recycling coordinator of the Borough of Flemington.
The property maintenance inspector and the police department of the Borough of Flemington are hereby authorized and directed to enforce this chapter.
The recycling coordinator of the Borough of Flemington is hereby authorized and directed to establish and promulgate rules and regulations as to the recycling plan for the Borough of Flemington. The recycling plan shall include sections 24-2 through 24-5 of this chapter. Such rules and regulations shall be effective no earlier than 30 days nor later than 90 days from the date of promulgation and publication of said rules and regulations. The mayor and common council of the Borough of Flemington may, by majority vote, change, modify, repeal or amend any portion of said rules and regulations.
If any section, sentence or other part of this chapter is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its effect to the section, sentence or other part of this chapter directly involved in the controversy in which such judgment shall have been rendered.
All ordinances or parts of ordinances which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.
This chapter shall take effect after final passage and publication according to law.
This chapter creates the position of recycling coordinator and APPENDIX A attached to and made a part of this chapter contains the job description for this position.
The items set forth on Appendix B shall be recycled in the manner therein set forth.
Residences are defined as single dwellings designed for occupancy by from one to four families, including dwellings in qualified private communities as defined in N.J.S.A. 40:67-23.2.
Each family within a residence is required to recycle all materials designated by APPENDIX B as "residential."
Recycling shall be made from residents every other Friday during the hours of 7:00 a.m. and 5:00 p.m., prevailing time. When a collection day falls on New Year's Day, Independence Day or December 25, collections will be the next day. In case of an emergency such as a hurricane, snowstorm or other act of God, which prevents the collection on a collection day, collections will be made on the following day:
Collection days will be the second and fourth Friday of each month. If collection day falls on New Year's Day, Declaration Day or Christmas Day, or, if collections cannot be made due to disaster or weather conditions, recyclables should be held to the next regular collection day. EXCEPTION: Refer to APPENDIX B regarding the collection day(s) for leaves.
Recyclables not slated for curbside collection will be handled as directed by APPENDIX B.
Failure of a family within a residence to abide by the rules and regulations of this chapter may be fined up to $100.00 for each calendar month of noncompliance.
In order to facilitate the collection of recyclable material from residences, reduce costs of collection and prevent inappropriate containers from littering and creating hazards and nuisances in and about public streets, uniform containers shall be used for collection from residences of certain recyclable materials shown on APPENDIX B. The uniform containers, hereafter referred to as "uniform residential collection containers" shall be purchased by the occupants of each residence from the borough clerk on and after September 1, 1989 between 9:00 a.m. and 4:00 p.m. on regular business days. On and after October 1, 1989, no category of recyclable material shown on APPENDIX B required to be contained in uniform residential collection containers shall be placed at curbside for collection unless contained therein. Failure to use uniform residential collection containers as required by APPENDIX B shall be a violation making the offender liable for the payment of the fine and penalty set forth in subsection 24-3.7 titled "Noncompliance."
For violation of any provision, section or subsection of this chapter the following shall be enforced by the property maintenance inspector or police for the following offense:
Residential complexes are defined as single or multiple dwellings designed for occupancy by more than four families, excluding single dwellings in qualified private communities as defined in N.J.S.A. 40:67-23.2.
Each family within a residential complex is required to recycle all materials designated by APPENDIX B as "residential."
The owner of each residential complex is responsible for providing a recycling depot for the entire complex. The depot shall be equipped with owner-supplied receptacles for each category of recyclable material. Access to the depot shall be controlled by the owner or his agent(s); however, access to the depot for the families of the residential complex must be scheduled at least once a week for at least a two hour period and access to the depot must be made available to the recyclables collector between 7:00 a.m. and 4:00 p.m. on collection days.
Collection days will be the second and fourth Fridays of each month. If collection day falls on New Year's Day, Declaration Day or Christmas Day or if collections cannot be made due to disaster or weather conditions, recyclables should be held to the next regular collection day. Collections will only be made from the recycling depot of each residential complex. EXCEPTION: Refer to APPENDIX B regarding the collection day(s) for leaves.
The recyclables collector will only collect those items slated for curbside collection. The owner (or his agent) will be responsible for the handling of recyclables not slated for curbside collection as directed by APPENDIX B.
Failure of a family within a residential complex to abide by the rules and regulations of this chapter may be fined up to $100.00 for each calendar month of noncompliance. Failure of an owner (or his agent) to abide by the rules and regulations of this chapter may be fined up to $1,000.00 for each calendar month of noncompliance.
Commercial and industrial establishments are defined as all entities which operate or conduct any business whatsoever which cannot be included within definitions of a residence or residential complex.
Each commercial or industrial establishment is required to recycle all materials designated by APPENDIX B as "commercial."
Commercial and industrial establishments may be exempted from recycling all materials designated by APPENDIX B as "commercial." This exemption must be applied for in writing to the recycling coordinator. Included with the request must be evidence showing that the material(s) recycled represent 25 percent of the total solid waste stream. Temporary (one-time only) three month exemptions may be granted without supporting evidence at the discretion of the recycling coordinator; however, at the end of the three month period the establishment must reapply for an exemption with evidence collected during the three month period. All regular exemptions will expire on December 31st of each year.
Designated recyclables must be delivered to the Hunterdon County Transfer Station in Annandale, New Jersey at least once a month. Alternatively, designated recyclables may be sold to a State approved recycler to whom the recyclables are delivered or who pick them up themselves. In any case, weight slips detailing the date, type of recyclable and the weight (in pounds or tons) must be delivered to the borough clerk no later than the 15th of the month for the preceding month.
Failure of a commercial or industrial establishment to abide by the rules and regulations of this chapter may be fined up to $1,000.00 for each calendar month of noncompliance.