[HISTORY: Adopted by the Mayor and the Council of the Borough
of Somerdale 3-10-2021 by Ord. No. 2021:03.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 201,
Recycling, adopted 7-10-1985 by Ord. No. 85:09, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Those materials designated within the Camden County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include newspaper, corrugated cardboard,
phone books, paperboard boxes (cereal, pasta, tissue, etc.), beverage
cartons, cardboard beverage carriers, paper bags, file folders, office
paper, paper towel rolls, paperback books, magazines, brochures, inserts,
greeting cards, regular and junk mail, aluminum and metal can containers,
only No. 1 and No. 2 plastic beverage and other materials containers
(caps removed), and glass bottles and jars (caps and lids removed)
shall be placed together in the Borough-issued red recyclables cart;
no food contaminated items, such as pizza boxes or take-out cartons.
A computer central processing unit and associated hardware,
including keyboards, modems, printers scanners and fax machines; a
cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones, microwaves, cameras,
camcorders, radios, electric typewriters, blu ray players and hand-held
games or organizers.
Any building or structure, or complex of buildings in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (See N.J.S.A.
13:1E-99.13a.) and shall include hotels, motels, or other guest houses
serving transient or seasonal guests as those terms are defined under
subsection (j) of section 3 of the "Hotel and Multiple Dwelling Law,"
P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this chapter, and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of Somerdale.
Those materials which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
Single-stream recycling is a system in which all recyclables,
including newspaper, cardboard, plastic, aluminum, junk mail, etc.,
are placed in a single cart for recycling. These recyclables are collected
by a single truck and taken to a materials recovery facility (MRF)
to be sorted into various commodity streams for sale to markets, where
it is processed into feedstock which can be used in the manufacture
of new products.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
The wood from broken or cut branches from ornamental trees
including nonflocked Christmas trees, or shrubs in excess of four
feet in length, but not larger than six inches in diameter, intended
for the incidental maintenance of ornamental trees and shrubs and
not property clearing or extensive thinning of large areas.
Decomposable waste materials generated by yard and lawn care
and includes leaves, grass trimmings, brush, wood chips, and shrub
and tree trimmings less than four feet in length. Yard waste shall
not include roots, stumps that exceed six inches in diameter, or tree
limbs, branches, or brush in excess of four feet in length.
A.Â
Mandatory source separation. It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and non-residential
premises, which shall include but not be limited to retail and other
commercial locations, as well as government, schools and other institutional
locations within the Borough of Somerdale, to separate designated
recyclable materials from all other solid waste. Designated recyclable
materials shall be deposited separate and apart from other solid waste
generated by the owners, tenants, or occupants of such premises and
shall be placed separately at the curb in a manner and on such days
and times as may be hereinafter established by regulations promulgated
by the Borough of Somerdale.
B.Â
Exemptions: Pursuant to N.J.S.A. 13:1E-99.16(d) commercial or institutional
premises may be granted an exemption to the requirements under this
chapter if the owners and/or occupiers of said premises have otherwise
provided for recycling. Application for exemption shall be made on
the form provided by the Borough.
A.Â
Single-stream collection. All red ninety-five-gallon carts containing
recyclable materials shall be placed, prior to collection on the designated
collection day, between the curb and the sidewalk, or in the absence
of curb and sidewalk, as near to the street as not to constitute a
danger, where such receptacles shall be readily accessible to the
collector without providing obstruction to pedestrians. The owner
or occupant of the premises shall keep all receptacles clean and in
safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above any time after 4:00 p.m. of the
day immediately preceding the designated day of collection, but no
later than 6:30 a.m. of the day of collection. After collection, any
containers shall be removed from the curbside by no later than 7:00
p.m. of the day of collection.
B.Â
Electronic waste. Residents must call to schedule a pickup on their
designated collection day. Waste material must be placed between the
sidewalk and the curb, or in the absence of curb and sidewalk, as
near to the street as not to constitute a danger, where such material
shall be readily accessible to the collector without providing obstruction
to pedestrians.
C.Â
Yard/vegetative waste. Yard/vegetative waste will be collected weekly
from the first Monday in April through the last Monday in October.
November through March collection will be the last Monday of the month.
If a collection day falls on a holiday, the yard/vegetative waste
will be collected on the next regular scheduled Monday (not the next
day). Waste must be placed in open containers not to exceed 32 gallons
in size with handles, drain holes, and not exceed 40 pounds in weight
or biodegradable paper yard waste bags. Yard/vegetative waste will
not be collected if in plastic bags. The waste must be free of pet
waste, trash, stones, bricks, blocks, or any other nonvegetative material.
Waste material must be placed between the sidewalk and the curb, or
in the absence of curb and sidewalk, as near to the street as not
to constitute a danger, where such material shall be readily accessible
to the collector without providing obstruction to pedestrians.
D.Â
Seasonal leaf collection. Leaves will be collected in spring and
fall, the schedule is determined by the Superintendent of Public Works
and will be published through the newsletter or collection calendar.
Leaves must be raked between the sidewalk and curb, leaves must not
be placed in the roadway. Leaves must not be on a storm inlet or within
10 feet of either side of a storm inlet. If leaves are bagged, they
must be in paper biodegradable bags and not in plastic bags, plastic
bags are not accepted and will not be collected. If leaves are being
recycled outside of the spring or fall collection schedule they must
be placed in with the yard/vegetative waste collection and must follow
the yard/vegetative waste collection regulations.
E.Â
Tree limbs, branches, brush. Tree limbs, branches, brush, nonflocked
Christmas trees (flocked trees collected in bulk trash collection)
exceeding four feet in length not exceeding six inches in diameter
will be collected on Monday. If a collection day falls on a holiday,
the waste will be collected on the next regular scheduled Monday (not
the next day). Tree limbs, branches, brush less than four feet in
length must be placed in with the yard vegetative waste collection
in the appropriate container. The waste is not to be tied, all the
cut ends must be stacked facing the same direction and placed between
the curb and sidewalk, or in the absence of curb and sidewalk, as
near to the street as not to constitute a danger, where such material
shall be readily accessible to the collector without providing obstruction
to pedestrians. All work performed and waste generated by a tree service
company/contractor must be removed at the homeowner's expense
by the contractor performing the work. This material cannot be placed
curbside.
The owner of any property shall be responsible for compliance
with this chapter. For multifamily units, the management or owner
is responsible for setting up and maintaining the recycling system,
including collection of recyclable materials, in accordance with guidelines
or regulations established by the appropriate municipal office. Violations
and penalty notices will be directed to the owner or management, in
those instances where the violator is not easily identifiable. The
management shall issue notification and collection rules to new tenants
when they arrive and every six months during their occupancy.
A.Â
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this chapter.
B.Â
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the Borough provides for
the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoors litter
receptacles and disposal service for their contents shall also provide
receptacles for designated recyclable materials, for those materials
commonly deposited, in the location of the litter receptacle, and
shall provide for separate recycling service for their contents.
C.Â
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.
D.Â
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.
A.Â
Any application to the Planning Board of the Borough of Somerdale,
for subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single-family developments of 50
or more units or any commercial, institutional, or industrial development
for the utilization of 1,000 square feet or more of land, must include
a recycling plan. This plan must contain, at a minimum, the following:
(1)Â
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
(2)Â
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.Â
Prior to the issuance of a certificate of occupancy by the Borough
of Somerdale, the owner of any new multifamily housing or commercial,
institutional, or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the Borough does not otherwise provide this service.
C.Â
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the municipal engineer.
A.Â
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.Â
It shall be the responsibility of the resident and or occupant to
properly segregate the uncollected solid waste for proper disposal
or recycling. Allowing such unseparated solid waste and recyclables
to accumulate will be considered a violation of this chapter and the
local sanitary code.
C.Â
Once placed in the location identified by this chapter, or any rules
or regulations promulgated pursuant to this chapter, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, the Housing
Officer, and the Camden County Department of Health are hereby individually
and severally empowered to enforce the provisions of this chapter.
An inspection may consist of sorting through containers and opening
of solid waste bags to detect, by sound or sight, the presence of
any recyclable material.
A.Â
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this chapter or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250, nor more than $1,000.
Each day for which a violation of this chapter occurs shall be considered
a separate offense.
B.Â
Fines levied and collected pursuant to the provisions of this chapter
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Monies in the Municipal Recycling Trust Fund
shall be used for the expenses of the municipal recycling program,
including, salaries for enforcement, purchasing additional new carts,
cost of distributing educational material for businesses and residents,
and any other cost related to recycling deemed necessary by the Recycling
Coordinator.
In the event that it is determined, by a Court of competent
jurisdiction, that any provision or section of this chapter is unconstitutional,
all other sections and provisions shall remain in effect. This chapter
shall take effect immediately, unless otherwise provided by resolution
of the governing body.
Borough Council is authorized and empowered to create regulations
to accomplish the goals of this chapter, which authority extends to
the ability to make changes and modifications to this chapter by resolution.
