[HISTORY: Adopted by the Mayor and Council of the Borough of Somerville 9-26-86 as Ord. No. 1013. Amended 7-20-87 by Ord. No. 1024. Amended in its entirety 9-4-90 by Ord. No. 1087. Amended 3-4-91 by Ord. No. 1092; 10-5-92 by Ord. No. 1130; 6-20-94 by Ord. No. 1172. Amended in its entirety 5-5-08 by Ord. No. 2261. Further amendments noted where applicable.]
ALUMINUM CANS
Cleaned and used beverage cans made entirely of aluminum.
BATTERIES
Dry cell batteries such as radio, toy, watch or calculator batteries.
COMMERCIAL DISTRICTS
Those districts known as the B-1, B-2, B-3, B-4, B-5, B-3M and C Districts as same are shown and delineated on the zoning map attached hereto.[1]
CORRUGATED BOARD
A material made from pulp and generally containing two (2) sides with a liner between and generally used as an exterior packing for shipping materials. This category shall also include brown paper bags.
GLASS
All cleaned products made from silica or sand, soda ash, and limestone, the product being transparent or translucent, and being used for the packaging or bottling of various matter, and all other materials commonly known as glass, excluding, however, blue and flat glass, commonly known as window glass.
NONRESIDENCES
All commercial, professional, institutional and industrial premises within the Borough.
RECYCLABLES
[Amended 3-4-91 by Ord. No. 1092; 5-5-08 by Ord. No. 2262]
A. 
For residences and nonresidences — The following mandatory items to be separated from waste: newspaper, mixed paper, corrugated cardboard, telephone books, aluminum cans, glass containers, steel and bimetal cans, plastic containers (#1 and #2 plastic bottles), leaves, textiles, motor oil, consumer batteries, asphalt, concrete, and wood waste.
B. 
For commercial, industrial, institutional, governments, office and parks — Aluminum cans, antifreeze, computer printout/white ledger paper, concrete, consumer batteries, corrugated cardboard, glass containers, heavy iron, lead-acid batteries, leaves and brush, magazines and junk mail, mercury containing devices, mixed office paper, newspaper, plastic containers (#1 and #2 plastic bottles), scrap autos, steel cans, stumps, logs and tree parts, textiles, used consumer electronics, used motor oil, white goods and light iron and wood scrap.
USED NEWSPAPER
Includes paper of the type commonly referred to as news print and distributed at stated intervals, usually daily or weekly having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are all magazines or other periodicals as well as all other paper products of any nature whatsoever.
[1]
Editor's Note: The zoning map referred to herein may be found on file in the office of the Borough Clerk.
A. 
At the time of issuance of any construction and/or demolition permit(s), where the permittee possesses twenty-one (21) or more cubic yards or construction and/or demolition waste materials, the Construction Official shall provide to the permittee written instruction on proper disposal and recycling of the construction and/or demolition waste materials.
B. 
The Construction Official shall also furnish to the permittee a "Notification of Construction/Demolition Activity Form". The permittee shall complete and execute the form and transmit it via facsimile to the Somerset County Department of Health-CEHA OPERATIONS within forty-eight (48) hours of the issuance of a construction and/or demolition permit.
C. 
New developments of multi-family residential units or commercial, institutional, or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a and 99.16c.)
(1) 
Any application to the Planning Board of the municipality of Somerville, for subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single family developments of fifty (50) or more units or any commercial, institutional, or industrial development for the utilization of one thousand (1,000) square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
(a) 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
(b) 
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.
(2) 
Prior to the issuance of a Certificate of Occupancy by the municipality of Somerville, 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.
(3) 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
D. 
Violation of any provision of this section shall be subject to penalties and/or fines.
On and after the date fixed and promulgated by regulation issued by the Superintendent of Public Works of the Borough of Somerville in accordance with the terms hereof, it shall be mandatory for all persons, except those physically disabled, who are owners, lessees and occupants to separate recyclables from all other solid waste produced by any such residences and nonresidences.
A. 
All residential recyclables shall be properly placed in borough supplied recycling containers.
B. 
Used newspaper shall be compacted and shall be tied or otherwise secure in bundles not exceeding thirty (30) pounds in weight. Such bundles shall be placed separately at the curb for collections at such time as may hereinafter be established by regulation.
C. 
Corrugated board, in all commercial districts, shall be broken up and flattened where necessary and securely tied in bundles broken up and flattened where necessary and securely tied in bundles or, in the alternative, may be compactly wedged into a larger cardboard box of any size not to exceed thirty-five (35) pounds in weight. Corrugated or cardboard boxes from major appliances, television sets or similarly large items need not be broken up and may be placed at the curb after plastic, lumber, hardwood and items other than cardboard have been removed. Such cardboard shall be uncontaminated by food, animal or human waste, chemicals or any other substances or products other than paper.
D. 
Receptacles for recyclables shall be placed at the curb no sooner than 6:00 p.m. the day before collection and removed no later than 10:00 p.m. on the day of collection.
From time of placement at the curb of any resident or recyclables for collection by the Borough of Somerville in accordance with the terms hereof, such recyclables shall be and become the property of the Borough of Somerville or its authorizing agent. It shall be in a violation of this Ordinance for any person unauthorized by the Borough of Somerville to collect or pick up or cause to be collected or picked up any such recyclables. Each such collection in violation hereof from one or more residence shall constitute a separate and distinct offense punishable as hereinafter provided.
The Superintendent of Public Works and Police Department hereby is authorized and directed to enforce this chapter. The Superintendent of Public Works is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of recyclables in accordance with the terms hereof. Such regulations shall be promulgated and effective not later than three (3) months from the date hereof.
Any person, firm or corporation who violates or neglects to comply with any provision of this chapter of any regulation promulgated pursuant thereto, shall, upon conviction thereof, be punishable by a fine not to exceed five hundred dollars ($500).
The Borough Council may in accordance with procedures of N.J.S. 40A;12-1 et seq., enter into agreements granting a franchise or license to qualified persons, partnerships, or corporations, to authorize them to collect any or all recyclables at curbside. The Borough Council may, in accordance with the procedures of N.J.S. 40A:11-1 et seq., enter into agreements to have all recyclables collected at curbside. The Borough Council may, if it elects, use the borough personnel to collect recyclables at curbside and sell said recyclables to N.J.S. 40A:12-1 et seq.
Anything herein to the contrary notwithstanding, any person who is an owner, lessee, or occupant, may donate or sell recyclables to any person, partnership or corporation whether operating for profit or not for profit. Said person, partnership or corporation may not, however, under any circumstances, pick up said recyclables from curbside in the Borough of Somerville, whether or not said recyclables are placed at curbside on or immediately preceding regular curbside collection.