[1991 Code § 171-7; Ord. No. 1997-1]
Pursuant to the Clean Communities and Recycling Act, N.J.S.
13:1E-92 et seq., each resident of the Borough shall be required to
comply with the Recycling Plan of the Borough of Hightstown, adopting
the Mercer County Recycling Plan to meet the State-mandated recycling
goals. To effectuate and implement the Recycling Plan, it is hereby
required:
A.
Municipality:
(1)
The Borough of Hightstown hereby adopts this article to provide for
recycling within its borders pursuant to the Recycling Act adopted
herein and adopts the Mercer County Recycling Plan as its official
municipal recycling program.
(2)
All municipal contracts for solid waste collection or disposal, or
both, within the Borough shall be consistent with this article and
the Mercer County Recycling Plan.
(3)
All persons occupying residential premises within the Borough shall, for the period from September 1 to December 31 of each year, source-separate leaves from solid waste generated at the residential premises in accordance with Article 18-2, Recycling, which is consistent with County Ordinance No. 89-19.
(4)
The Borough may deliver tires to the existing transfer station, or
such site as may be designated by the Mercer County Improvement Authority,
for transfer to a tire recycler.
(5)
The Borough shall, at a minimum, within 30 days after the adoption
of this article and at least once every six months thereafter, notify
all persons occupying residential, commercial and institutional premises
within these municipal boundaries of recycling opportunities and the
source-separation requirements of this article and the Mercer County
Recycling Plan. In order to fulfill the notification requirements
of this section, this municipality may, in its discretion, place an
advertisement in a newspaper circulating in the municipality, post
a notice in public places where public notices are customarily posted,
include a notice with other official notifications periodically mailed
to residential taxpayers, or any combination thereof, as the municipality
deems necessary and appropriate.
(6)
Review and Revision of Master Plan.
(a)
The Borough shall, pursuant to N.J.S. 13:1E-99.16c, within 30
days of the effective date of this article and at least once every
36 months thereafter, conduct a review and make necessary revisions
to the Master Plan and development regulations adopted pursuant to
N.J.S. 40:55D-1 et seq., which revisions shall reflect changes in
State, County and municipal polices and objectives concerning the
collection, disposition and recycling of designated recyclable materials.
(b)
The revised Master Plan shall include provisions for the collection,
disposition and recycling of recyclable materials designated in this
article and for the collection, disposition and recycling of designated
recyclable materials within any development proposal for the construction
of 50 or more units of single-family residential housing or 25 or
more units of multifamily residential housing and any commercial or
industrial development proposal for the utilization of 1,000 square
feet or more of land.
B.
Residents:
(1)
On and after the official commencement date of the County Recycling
System within the Borough, each person residing in areas designated
for recycling collection shall separate for curbside collection on
designated collection days and such additional days as may be designated
by the Mercer County Improvement Authority those materials designated
in the Mercer County Recycling Plan as listed below and shall do so
in the manner as set forth in this article.
(2)
All residents shall recycle or cause to be recycled, at a minimum,
the following categories of recyclables:
(3)
Any and all persons having been found to have violated the provisions of the Recycling Plan of the Borough will be assessed warnings, penalties and fines pursuant to § 18-3-5.
(4)
At the time of placement of recyclable materials designated for collection
by the Recycling Plan of the Borough at the curb or street side of
residential units, the material shall be considered the sole property
of the Mercer County Improvement Authority and shall be considered
a conscious contribution by that resident to the County Recycling
System for collection by the Mercer County Improvement Authority or
its agent.
(5)
Any resident within the Borough may donate or sell designated recyclable
materials to any person, whether operating for profit or not for profit,
provided that the receiving person may not perform curbside collection
under any circumstances unless that person has registered with the
Mercer County Improvement Authority as a private recycler.
(6)
Batteries shall not be part of the curbside collection program but
shall be disposed of in markets set forth in the Mercer County Recycling
Plan Market Guide.
C.
Private Recyclers:
(1)
Any person or group of persons wishing to collect recyclable materials
shall register with the Mercer County Improvement Authority as a private
recycler.
(2)
No private recycler shall conduct recycling collection activities
within the Borough on designated County collection days.
(3)
Upon registration, each private recycler shall receive an identification-registration
decal from the Mercer County Improvement Authority and shall prominently
display the same on recycling vehicles when collecting recyclables
within the Borough.
(4)
An ongoing condition of collection activities within the municipality
shall be the submittal of certified weight tickets to the Mercer County
Improvement Authority for material sold to quantify levels for State-mandated
recycling goals. The tickets shall be submitted to the Mercer County
Improvement Authority no later than 30 days following the date of
sale of the subject material.
[1991 Code § 171-8]
The enforcement of the Recycling Plan of the Borough shall be
provided individually and severally by the Borough with regard to
enforcement of this article, the Mercer County Improvement Authority
and the New Jersey Department of Environmental Protection.
[1991 Code § 171-9]
No person shall collect recyclables within the Borough unless
he or she has registered with the Mercer County Improvement Authority
and paid the requisite fee, unless an exemption has been granted by
the Mercer County Ordinance No. 89-19. The identification-registration
decal of each person so registered shall be prominently displayed
on each recycling vehicle at all times while collecting recyclables
within the Borough.
[1991 Code § 171-10]
A.
Failure to register or to display the identification-registration
decal on vehicles while collecting recyclables within the Borough
shall subject such private recycler to a fine of $250.
B.
Any person or entity conducting recycling collection activities within
the Borough on designated County recycling collection days shall be
assessed a penalty of $250 per offense.
[1991 Code § 171-11]
A.
Residents.
(1)
Any resident of the Borough who is found to have violated the provisions
of this article shall be subject to the following procedures and penalties:
(a)
A warning on the first three occasions that the article is violated;
and thereafter
(b)
A cessation in the collection of garbage which contains recyclable
materials from that household; or
(c)
A fine up to $500 per day of violation, depending upon the extent
and circumstances of the violation to be assessed pursuant to N.J.S.
13:1E-9 by the Mercer County Improvement Authority, as authorized
hereby and pursuant to the inclusion of this article within the Mercer
County Solid Waste Management Plan, or both.
B.
The terms and provisions of this article may be enforced individually
and severally by the Borough, the Mercer County Improvement Authority
and the New Jersey Department of Environmental Protection.
[1991 Code § 171-12]
This article shall constitute the adoption and approval of the
Mercer County Recycling Plan as set forth in the amendment to the
Mercer County Solid Waste Management Plan.
