Editor's Note: Refer to Chapter 24 for mandatory recycling provisions. Also, refer to Chapter 26 for provisions regarding the collection of certain yard waste.
This chapter is enacted for the following purposes: (a) to promote the orderly collection and disposal of solid waste, (b) to regulate the collection and disposal of solid waste, and (c) to establish standards for the collection and disposal of solid waste.
The intent of this chapter is (a) to decrease solid waste flow and increase recycling flow from current volumes by requiring those generating solid waste to pay for its collection and disposal under certain circumstances and (b) to more fairly distribute the cost of solid waste collection and disposal among those generating such waste.
[Amended 2-25-2019 by Ord. No. 2019-2; 5-13-2024 by Ord. No. 2024-10]
For the purpose of this chapter, unless the context clearly indicates a different meaning, the following words shall have the following meanings:
a. 
The words "resident" or "residents" shall mean and include people occupying all dwelling units in the borough except people occupying dwelling units in Flemington Arms, Herman E. Kapp, Hunter Hills, Hunterdon Mews, Madison Arms, Prospect Hills, Regional Court Apartments and excluding all Areas in Need of Redevelopment that include a statutory tax abatement;
b. 
The word waste as used herein shall mean and include garbage, ashes, trash and rubbish;
c. 
The word garbage as used herein shall mean refuse from animal or vegetable food stuffs, and all material incident to the ordinary conduct of a household;
d. 
The word ashes shall mean all residue from stoves, furnaces and fireplaces for domestic heating purposes;
e. 
The words trash and rubbish shall mean all cans (except aluminum cans and tin cans), paper (except newspaper, magazines, junk mail, catalogs, envelopes, school paper, office paper, composition paper, construction paper, soft covered books, hard covered books with covers removed, photocopy paper, computer paper, corrugated cardboard and brown paper bags), glass (except clear, brown and green glass bottles and jars), plastic (except types #1 and #2 plastic containers other than types #1 and #2 motor oil containers), clothing, small toys and other refuse usually accumulated in and about a household;
f. 
The words garbage, ashes, trash and rubbish do not mean or include newspapers, magazines, junk mail, catalogs, envelopes, school paper, office paper, composition paper, construction paper, soft covered books, hard covered books with covers removed, photocopy paper, computer paper, corrugated cardboard, brown paper bags, aluminum cans, tin cans, clear, brown and green glass bottles and jars, plastic containers types #1 and #2 except those used for motor oil, Christmas trees, grass clippings, yard waste, leaves, trees, tree stumps, stones, earth, refuse from building operations or repairs, construction materials, scrap auto parts or vehicles, garbage in liquid form, flammable or hazardous chemicals, tires, bulky items, including, but not limited to, stoves, refrigerators, freezers, television sets, beds, springs, mattresses, furniture, lawnmowers, rugs and large toys or waste generated from any business, commercial or industrial activity;
g. 
The words "Area in Need of Redevelopment" shall mean any development project subject to a redevelopment agreement entered into with a third party by the Borough of Flemington pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.;
h. 
The words "occupant" or "occupants" shall mean and include people living in multi-family complexes known Flemington Arms, Herman E. Kapp, Hunter Hills, Hunterdon Mews, Madison Arms, Prospect Hills, Regional Court Apartments but shall exclude all Areas in Need of Redevelopment that include a statutory tax abatement;
i. 
The word "owners" shall mean and include for Flemington Arms. Herman E. Kapp, Hunter Hills, Hunterdon Mews, Madison Arms. Prospect Hills, Regional Court Apartments, the persons, firms, corporations, partnerships or entities vested with legal title to the land upon which such multifamily complexes are located, but shall exclude all such persons, firms, corporations, partnerships, or entities vested with legal title to land upon which resides an Areas in Need of Redevelopment that include a statutory tax abatement;
j. 
The words residential contractor shall mean and include the person, firm, corporation, partnership or entity that has been awarded and is under contract with the Borough to collect waste from residents;
k. 
The words multi-family complex contractor shall mean and include the person, firm, corporation, partnership or entity that has been awarded and is under contract with the Borough to collect waste from owners and occupants;
l. 
The words contractor and contractors shall mean and include "residential contractor" and "multi-family complex contractor;"
m. 
The words dwelling or dwelling unit shall mean and include a building or part thereof used as the residence of and providing complete living facilities for a family, but shall not mean or include buildings or parts thereof located in Flemington Gardens Apartments, Regional Court Apartments, Flemington Arms Apartments, Elwood Avenue Apartments, Hunter Hills Apartments, Prospect Hills Apartments and Madison Arms Apartments;
n. 
The word "family" shall mean and include one or more persons living as a single, nonprofit housekeeping unit as distinguished from individuals or groups occupying a hotel, fraternity house, sorority house or boarding house. The family shall be deemed to include necessary household employees when employees share the common housekeeping facilities and services, but shall not include boarders, roomers, or paying guests;
o. 
The word Borough shall mean and include the Borough of Flemington.
p. 
The words "statutory tax abatement" shall mean any tax abatement agreement executed between the Borough of Flemington and a third party pursuant to the New Jersey Long-Term Tax Exemption Law and/or the Five-Year Exemption and Abatement Law, N.J.S.A. 40A:21-1, or any other tax abatement statute applicable to redevelopment projects in the State of New Jersey.
[Ord. No. 2013-3; amended 2-25-2019 by Ord. No. 2019-2; 8-9-2021 by Ord. No. 2021-17]
a. 
Waste collection shall be made from residents on Thursday of each week during the hours of 7:00 a.m. and 5:00 p.m., prevailing time. Recycling collection shall be made from residents on alternate Fridays starting July 9, 2021, during the hours of 7:00 a.m. to 5:00 p.m., prevailing time. When a collection day falls on a federal holiday, collections will be made on the following 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.
b. 
Residents shall not place garbage curbside any earlier than 3:00 p.m. the day preceding the scheduled collection.
c. 
Totes have to be taken off the street no later than noon of the day after collection.
[Amended 2-25-2019 by Ord. No. 2019-2; 8-9-2021 by Ord. No. 2021-17]
a. 
Residents and occupants shall place all waste and recycling to be collected in Flemington Borough provided totes.
b. 
The Borough shall furnish 96-gallon totes for the transportation of waste/recycling from dwelling units to the contractor's vehicles. Each property will be provided one 96-gallon tote for solid waste and one 96-gallon tote for recycling. No other cans, bags or resident-owned receptacles will be emptied. Totes are the property of the Borough and must remain with the address they are assigned to if the owner/occupant vacates the property.
c. 
Requests for Smaller Totes. Property owners or occupants can request a 65-gallon tote in lieu of the 96-gallon tote. This shall be a one-time exchange. If the property owner or occupant wishes to exchange a 96-gallon tote for a 65-gallon tote, there will be no charge. To return to the larger size tote, a $25 fee will be assessed per tote.
d. 
Requests and Fees for Additional Totes.
1. 
A property owner may obtain an additional 96-gallon or 65-gallon solid waste tote from the Borough for a charge of $51 by submitting a request in writing to the Borough Clerk. The fee for the additional tote shall be paid at the time the request is made.
2. 
A property owner may obtain an additional recycling tote free of charge.
3. 
Property owners shall pay an additional annual collection fee $225 per additional solid waste tote. The annual collection fee and fee for the tote shall be due at the time the request is made. The fees shall not be prorated and are non-refundable. Thereafter, the annual collection fee for additional solid waste totes shall paid each year by the property owner by January 1.
4. 
If unpaid, the additional annual collection fee shall become a lien upon the property and be added to and become a part of the taxes next to be assessed and levied upon the property, and shall bear interest at the same rate as taxes and be collected and enforced by the same officer and in the same manner as taxes.
e. 
Lost, Stolen, or Damaged Totes.
1. 
If a solid waste or recycling tote is lost or stolen, the property owner shall file a police report. Thereafter, the property owner shall notify the Borough Clerk in writing regarding the lost or stolen tote and provide a copy of said police report. A new tote will be provided free of charge.
2. 
If a tote is damaged by the garbage hauler, the property owner must notify the Borough Clerk in writing and a new tote will be provided free of charge.
3. 
If a tote is damaged by the property owner or occupant, the property owner shall notify the Borough Clerk in writing. A new tote shall be issued after the payment of a fee in the amount of $51.
f. 
Multi-Family Dwellings.
1. 
Receptacles for occupants of multi-family apartment buildings shall be dumpsters which shall be watertight, constructed of metal or plastic and equipped for handling by motorized equipment. The number of receptacles, size and placement for Flemington Arms, Herman E. Kapp, Hunter Hills, Hunterdon Mews, Madison Arms, Prospect Hills and Regional Court Apartments shall be based on annual tonnage reports, needs of the occupants, limitations set forth by the owners of each individual complex and maximum allowable collection per the Borough of Flemington.
2. 
Detached residential homes that include apartments shall be eligible to receive a solid waste tote and recycling tote for each dwelling unit. Only apartments properly registered pursuant to the Borough Code shall be eligible to receive such totes.
[Amended 2-25-2019 by Ord. No. 2019-2; 8-9-2021 by Ord. No. 2021-17]
a. 
Totes containing waste/recycling to be collected from a resident shall be placed by such resident along curb line with three feet of clearance on each side and not obstructed by parked vehicles, snow, brush, leaves etc. for automatic pick up by Borough contractor from 3:00 p.m. the day preceding collection. A resident shall remove their waste/recycle totes and any other trash left behind no later than 12:00 noon the day following collection.
b. 
Owners of multi-family complexes shall place totes for the collection of waste/recycling from occupants at such accessible locations for automatic pickup by Borough contractor within the multi-family complexes as directed by the sanitation commissioner of the Borough.
c. 
Residents shall not place any other cans, bags or resident-owned Totes out for pickup.
d. 
Residents shall place no more than four bulk items curbside for collection on four days/year as designated by Borough Council. Acceptable materials are the following: bicycles, nonmetal furniture [dressers, chairs, tables, sofas, beds (except steel frame beds)]; carpeting and matting (must be rolled and tied), lawn furniture, nonmetal toys, old doors, windows, screens, tools and mattresses (mattresses must be wrapped in plastic), glass tables and mirrors (must be covered in newspaper and taped to avoid breakage), single items from home repair (for example, a small vanity or single plumbing fixture). Items from construction renovations will not be collected.
e. 
Bulk items shall have stickers attached that must be purchased by the resident from either the Borough or the borough contractor. No bulk items will be collected without a purchased sticker. Stickers are available for purchase by packets of four at $40 per pack.
f. 
Tenants vacating a property and/or property owners shall place Borough Tote and two bulk items out on designated pickup days for curbside collection and must make arrangements with an outside contractor to have the additional bulk items or waste removed and they shall not place these additional items curbside for regular waste collection.
[Amended 8-9-2021 by Ord. No. 2021-17]
a. 
The Borough awards contracts to contractors for the collection of waste from residents and occupants.
b. 
Residents shall dispose of all waste generated by them by placing same for collection by the residential contractor in the manner and at the time herein set forth. Residents may dispose of waste through other waste collectors or self-transport to the Hunterdon County Transfer Station.
c. 
Owners and occupants shall dispose of all waste generated by occupants by placing same for collection by the multi-family complex contractor in the manner and at the times herein set forth. Owners and occupants shall not dispose of waste through any waste collector except the multi-family complex contractor, provided, however, an owner of a multi-family complex may, upon ten days prior written notice to the Borough Clerk, terminate collections by the multi-family complex collector.
d. 
Tenants vacating a property and/or property owners with an excess of waste or recycling that does not fit in the Borough provided tote and an excess of four bulk items for curbside collection must make arrangements with an outside contractor to have the additional items removed and they shall not place these additional items curbside for regular waste collection.
[Added 5-13-2024 by Ord. No. 2024-10]
a. 
All Areas in Need of Redevelopment that include a statutory tax abatement are specifically excluded from the provisions of this chapter. The Borough will not collect waste, garbage, ash, trash, or rubbish from any property in which a statutory tax abatement is operative.
b. 
Section 25-9g of this chapter concerning the timing of waste collection shall specifically apply to all Areas in Need of Redevelopment that include a statutory tax abatement.
[Amended 5-13-2024 by Ord. No. 2024-10]
a. 
No person shall overturn, spill, scatter, root through, pull apart or scavenge any waste set out for collection hereunder, nor shall any person remove any waste from any receptacle or bundle set out by residents or occupants for collection.
b. 
No resident shall dispose of waste except by placing same for collection by the residential contractor in the manner and at the times herein set forth.
c. 
Except as otherwise specifically provided herein, no owner or occupant shall dispose of occupants' waste except by placing the same for collection by the multi-family complex contractor in the manner and at the times herein set forth.
d. 
No person, firm, corporation, partnership or other entity other than residential contractor shall collect waste from residents.
e. 
Except as otherwise specifically provided herein, no person, firm, corporation, partnership or other entity other than the multi-family complex contractor shall collect waste from owners or occupants.
f. 
(Reserved)
g. 
No waste collection shall occur within the Borough of Flemington except as provided by § 25-3, or for nonresidential or other waste collection which is not covered by § 25-3 at any time except within the hours of 7:00 a.m. and 4:00 p.m. prevailing time Monday through Friday, or between 8:00 a.m. and 5:00 p.m. on Saturdays, Sundays and holidays. This provision shall specifically apply to all Areas in Need of Redevelopment that include a statutory tax abatement.
If any section, subsection or paragraph of this chapter is declared to be unconstitutional, invalid or inoperative, in whole or in part by a court of competent jurisdiction, such section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining sections, subsections or paragraphs of this chapter.
[Amended 2-25-2019 by Ord. No. 2019-2; 8-9-2021 by Ord. No. 2021-17]
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:
a. 
$50 penalty for placing garbage curbside before 3:00 p.m. on the day preceding scheduled pickup.
b. 
$25 penalty per can/bag over the Borough provided tote.
c. 
$30 penalty per bulk item over four allowed. The same penalty shall apply for any bulk items left on the curb on days other than the four days per year allotted for bulk pick up.
d. 
$25 penalty for not taking the Borough-provided tote off the street by noon of the day after collection.
e. 
When a tenant/occupant and/or property owner violates the maximum allowance of one Borough-provided tote and two bulk items placed curbside for collection, the property owner will be fined per the above penalties; a placard will be placed on the door of the dwelling and a letter will be sent overnight delivery instructing the property owner they have 24 hours from receipt of the notice to remove all of the remaining debris. Failure to remove within the twenty-four-hour period will result in a contractor selected by the Borough of Flemington to remove the debris and all costs will become a lien on the property.
Except as otherwise provided, each and every day in which a violation of any provision, section or subsection of this chapter exists shall constitute a separate violation.
COUNTY
Shall mean the implementing agency for the Hunterdon County Solid Waste Management Plan, the Hunterdon County Utilities Authority.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those materials designated within the Hunterdon County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
a. 
Generators of residential, commercial, industrial and institutional waste:
County Plan No.
Definition
01
Corrugated - Containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
02
Mixed office and computer paper - Any and all types of "office-type" paper including, but not limited to: computer paper, hi-grade white paper, typing paper, copier paper, onion-skin, tissue paper, notepad, envelopes, manila folders and colored paper, or any mix thereof.
03
Newspaper - All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association grades #6, #7 and #8 news).
04
Other paper/magazines/junk mail - All paper, which is not defined as corrugated, mixed office paper, computer paper or newspaper.
05
Glass containers - All glass containers used for packaging food or beverages.
06
Aluminum cans - Food and beverage containers made entirely of aluminum.
07
Steel cans - Rigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages, and a variety of other household and consumer products.
08
PETE containers - Containers including polyethylene terephthalate (PETE - #1) soda bottles, high-density polyethylene and (HDPE - #2) milk, water or detergent.
b. 
Generators of commercial, industrial and institutional waste:
County Plan No.
Definition
11
White goods and light iron - All appliances such as washers, dryers, refrigerators, etc. as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums and other non-structural ferrous scrap.
12
Anti-freeze - All automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
13
Batteries, lead-acid - Batteries from automobiles, trucks, other vehicles and machinery and equipment. THIS DOES NOT INCLUDE CONSUMER BATTERIES.
15
Tires - Rubber-based scrap automotive, truck or specialty (e.g. forklift) tires. The tires must be recycled at a facility approved by the New Jersey, Department of Environmental Protection.
16
Used motor oil - petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
c. 
Generators of residential waste that are collected by Hunterdon County:
County Plan No.
Definition
12
Anti-freeze - All automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
13
Batteries, lead-acid - Batteries from automobiles, trucks, other vehicles and machinery and equipment. THIS DOES NOT INCLUDE CONSUMER BATTERIES. (See #21. Batteries, household).
16
Used motor oil - petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
21
Batteries, household - Any type of button, coin, cylindrical rectangular or other shaped enclosed device or sealed container which was utilized as an energy source for commercial, industrial, medical, institutional or household use. THIS DOES NOT INCLUDE LEAD ACID BATTERIES FROM VEHICLES.
24
Mercury containing devices - Fluorescent and compact florescent tubes (CFT's), high intensity discharge (HID) and neon lamps, electrical switches, thermostats and any batteries containing mercury.
27
Petroleum contaminated soil - Nonhazardous, soils containing petroleum hydrocarbons resulting from spills, leaks or leaking underground storage tanks used for gasoline or any other commercial fuel and which are recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1 et seq. NOTE: This material can be recycled at "Class B" facilities (for example, authorized asphalt manufacturers).
MUNICIPAL RECYCLING COORDINATOR
Shall mean the person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
Shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Borough of Flemington.
NONRESIDENTIAL ESTABLISHMENT
(Codified per ordinance)
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.
RESIDENTIAL DWELLING
Shall mean any building or structure, or complex of buildings in which less than three 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.).
RESIDENTIAL DWELLING COMPLEX
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. 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 (C.55: 13A-1 et seq.).
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
Shall mean 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.
a. 
In order to carry out the requirements of the New Jersey Mandatory Source Separation and Recycling Act ("Act") and the Hunterdon County Recycling Plan ("Plan"), the position of Municipal Recycling Coordinator is hereby established, who shall be responsible for compliance with said Act, Plan and applicable Borough regulations.
b. 
The municipal recycling coordinator will be annually appointed by the Borough Council and will serve a term of one year.
c. 
The recycling coordinator will report to the governing body at least once annually on the status of the Municipal Recycling Program, and shall from time to time advise and make recommendations as to how the requirements set forth in this ordinance may be effectuated.
d. 
The municipal recycling coordinator will attend all municipal recycling coordinator meetings that the governing body deems to be important. This includes meetings that may be conducted by the State, the County or other appropriate organizations.
e. 
The municipal recycling coordinator shall promote the Municipal Recycling Program by educating citizens, businesses, institutions, and organizations of the need to participate in the Municipal Recycling Program and shall explain to citizens, businesses, institutions and organizations the provisions of the mandatory recycling ordinance and assist in the enforcement thereof.
a. 
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 municipality of Borough of Flemington, 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 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 Flemington.
b. 
Unless otherwise the municipality provides for the collection of designated recyclable materials, every owner and/or occupant of residential or nonresidential premises must contract for the removal and disposition of recyclable materials as set forth in this section a private contractor. Residential recycling contracts must comply with the provisions of this section and must further provide for not less than monthly pick-up.
c. 
In the event that a municipal, County or State facility, accepts mandatory recyclable material as set forth in this section, then the residential and/or nonresidential owner or occupant may utilize such facility, to the extent permitted by the owner or operator of such facility.
a. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this section. For multifamily units, the management or owner is responsible for setting up and maintaining a 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 occupant. In instances where the violator is not easily identifiable, violations and penalty notices will be directed to the owner/management. The owner/management shall issue notification and collection rules to occupants when they arrive and at least twice annually during their occupancy.
b. 
Failure of occupant(s) and/or owner(s) of any residential property to abide by the rules and regulations of this section may be fined not less than $50.00 nor more than $250.00 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the recycling coordinator or other enforcement officer shall issue one warning to any occupant which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
a. 
The occupant(s) and owner(s) of any residential property shall be responsible for compliance with this section. Unless the municipality provides for the collection of designated recyclable materials, the owner of each residential complex is responsible for providing a recycling depot for the entire complex. The depot shall be equipped with owner or contractor supplied receptacles for each category of designated recyclable material.
b. 
Failure of an occupant within a residential complex to comply with the requirements of this section may be fined not less than $50.00 nor more than two hundred $250.00 for each month of noncompliance.
c. 
The owner/management shall issue notification and collection rules to new tenants when they arrive and at least twice annually during their occupancy.
d. 
Unless the municipality provides for the collection of designated recyclable materials, the owner of each residential complex shall report to the municipal recycling coordinator by February 15th of each year, the recycling activity of the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the municipal recycling coordinator and directed to the attention of the municipal recycling coordinator by name and address. The county must also be copied on this information.
e. 
Failure of an owner (or his/her agent) to abide by the rules and regulations of this section may be fined up to $250.00 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the municipal recycling coordinator or other enforcement officer shall issue one warning to the owner which is in violation of this section. The warning shall include educational information regarding proper procedures for recycling including instruction as to how the owner can reasonably provide adequate recycling facilities to ensure compliance with this section.
a. 
Commercial, industrial and institutional establishments are defined as all entities which operate or conduct any business whatsoever which cannot be included within the definitions of a residential dwelling or complex.
b. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.
c. 
Unless the property owner or municipality provides for the collection of designated recyclable materials arrangement for collection of designated recyclables shall be the responsibility of the commercial, institutional or industrial occupant. All commercial, institutional or industrial property owners 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.
d. 
Unless the property owner or municipality provides for the collection of designated recyclable materials, every occupant of a commercial, industrial or institutional facility or their designee (including solid waste and recycling transporters) shall cooperate in communicating recycling activity. Such communication shall include reporting to the municipal recycling coordinator by February 15th of each year, the occupants recycling activity of the prior year. The report shall include the amount of recycled material by material type and the vendor or vendors providing recycling service. The information must be supplied to the municipal recycling coordinator and directed to the attention of the municipal recycling coordinator by name and address. The county must also be copied on this information.
e. 
If the property owner provides recycling collection services for the occupants of the property, the owner or their designee (including solid waste and recycling transporters) shall cooperate in communicating recycling activity. Such communication shall include reporting to the municipal recycling coordinator by February 15th of each year, the recycling activity on the property in the prior year. The report shall include the amount of recycled material by material type, and the vendor or vendors providing recycling service. The information must be supplied to the municipal recycling coordinator and directed to the attention of the municipal recycling coordinator by name and address. The county must also be copied on this information.
f. 
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.
g. 
Failure of a commercial, industrial or institutional occupant or owner to abide by the rules and regulations of this section may be fined not less than $50.00 nor more than $1,000.00 for each month of noncompliance. Prior to taking enforcement action pursuant to this section, the municipal recycling coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
a. 
Any application to the planning board of the municipality of Borough of Flemington, 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:
1. 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development and
2. 
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.
b. 
Prior to the issuance of a certificate of occupancy by the municipality of Borough of Flemington, 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, in those instances where the municipality does not otherwise provide this service.
c. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the municipal engineer.
a. 
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.
b. 
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 article and the local sanitary code.
c. 
Once placed in the location for collection, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle solid waste or designated recyclable materials.
d. 
Failure of a solid waste collector to abide by the rules and regulations of this section may be fined not less than $50.00 nor more than $1,000.00. Prior to taking enforcement action pursuant to this section, the municipal recycling coordinator or other enforcement officer shall issue one warning to any commercial, industrial or institutional establishment which is in violation of this section, which warning shall include educational information regarding proper procedures for recycling.
a. 
A minimum of once a year or when necessary to reflect program or regulatory modifications, notify all customers —
1. 
What materials are designated to be source separated from solid waste and must be recycled in Hunterdon County and that these items are prohibited in solid waste.
2. 
That discovery of designated recyclable items in solid waste may result in the waste not being collected and that the generator is subject to a monetary fine.
3. 
Solid waste transporters are prohibited by law to collect solid waste containing mandated recyclable materials.
4. 
That documentation of proof of solid waste and recycling collection service must be maintained and that this documentation must be made available to the property owner, municipality or county upon request.
b. 
No later than February 15 of each year, all solid waste companies will provide a detailed report of all recycling activities to all commercial and institutional solid waste customers. The report will include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the municipal recycling coordinator and directed to the attention of the municipal recycling coordinator by name and address. The county must also be copied on this information.
c. 
No later than February 15 of each year, all solid waste transporters will provide each municipality and the county with a summarization of recycling activity in that municipality including totals of all residential, commercial and institutional recycling. The report will include a breakdown of the materials collected for recycling, the total weight of each material collected for recycling and the recycling market for each of the materials collected. The information must be supplied to the municipal recycling coordinator and directed to the attention of the municipal recycling coordinator by name and address. The county must also be copied on this information.
d. 
Failure of the solid waste transporter to comply with the provisions of this amendment to the Solid Waste Management Plan and pertinent municipal recycling ordinance shall constitute a violation and subject the solid waste transporters to those penalties as prescribed in the pertinent municipal recycling ordinance and State recycling regulations.
Unless the solid waste and recycling collection services have otherwise provided for by the municipality, pursuant to N.J.S.A. 40:66-5.1 all residential, commercial, industrial and institutional generators of solid waste must, upon request by the municipality supply proof that solid waste and recycling collection services have been contracted by the generator. The information requested for proof of service may include provision of weight receipts or billing statements. The procedure by which the municipality may request receipts or other documentation must be detailed in a process approved by the governing body of the municipality.
The municipal recycling coordinator or other person(s) so designated by the governing body 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.
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 solely for the expenses of the municipal recycling program.