[Adopted 3-2-1987 by Ord. No. 7-87 (Ch.
86 of the 1974 Code); amended in its entirety 6-16-2008 by Ord. No. 11-08]
The conservation of recyclable materials has
become an important public concern by reason of the growing problem
of solid waste disposal and its impact on our environment, causing
an increasing necessity to conserve our natural resources. The reduction
of the amount of solid waste to be disposed of will reduce the cost
of disposal and, at the same time, the separation, collection and
sale of recyclable materials will reduce the financial burden of solid
waste disposal. The purpose of this article is to provide the Borough
of Mendham with a method of attaining the goal of at least a fifty-percent
recycling rate of municipal solid waste by 2015 as mandated by the
State of New Jersey.
As used in this article, the following terms
shall have the meanings indicated:
Any nonresidential building or establishment, including but
not limited to those used for industrial purposes, retail, wholesale,
dining, offices, professional services, shipping and receiving areas
and cafeterias.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Morris County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include:
Aluminum cans: cans made from aluminum that
was manufactured to hold a serving of a beverage. Specifically omitted
from this definition are aluminum foil and aluminum pie plates.
Glass bottles and jars: bottles and jars made
from glass, including clear, brown and green glass. A bottle is defined
as a receptacle having a narrow neck and a mouth that can be corked
or capped. A jar is defined as a wide-mouthed container that can be
capped. Caps and lids are not included. Specifically omitted from
this definition are drinking glasses, windows, mirrors, light bulbs
and anything made of Pyrex® or ceramic.
Plastic bottles (coded "1" and "2"): plastic
bottles coded to indicate that they are comprised of the specific
types of plastic compounds (polymers) known as polyethylene terephthalate
(PETE) or high-density polyethylene (HDPE). See symbols below. A bottle
is defined as a receptacle having a narrow neck and a mouth that can
be corked or capped. Caps and lids are not included. Any item made
of plastic that is not a bottle, and any plastic bottle without one
of the symbols shown to the left, is specifically omitted from this
definition. Empty bottles which contained hazardous materials, such
as motor oil, antifreeze, etc., should not be recycled.
 |
Steel (tin) cans: an airtight container for
the distribution or storage of goods composed of thin, usually ferrous,
metal. Examples are soup cans and tuna fish cans.
Newspaper: a publication containing news, information
and advertising, usually printed on low-cost paper called newsprint.
Newspaper may include glossy inserts which come with the paper, dependent
upon the market conditions at the time.
Corrugated cardboard: shipping containers made
with kraft paper linerboard and corrugated medium.
Mixed paper: various categories of recyclable
paper, including, but not limited to, white and colored paper used
in printers, photocopiers and fax machines, white and colored ledger
paper, carbonless copy paper, construction paper, undeliverable mail,
mailed promotional letters/advertisements/circulars, magazines, catalogues,
envelopes, soft-cover books.
Leaves: vegetative material, typically generated
in the autumn when they fall from trees and then are raked from residents'
and/or commercial lawns.
Grass clippings: vegetative material generated
when grass (lawns) is cut.
Brush: branches, woody plants and other similar
vegetative material. Leaves and grass do not constitute brush.
Natural wood waste: logs, stumps, branches and
other wood tree parts. Dimensional lumber is omitted from inclusion
in this definition.
Oil-contaminated soil: nonhazardous soil that
contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel,
No. 4 and No. 6 heating oils and certain other refinery products,
including coal tar). This type of soil shall be determined to be nonhazardous
in accordance with the standards set forth in N.J.A.C. 7:26.
Used motor oil: motor oil from motor vehicles,
lawn mowers, boats, etc., which has served its intended useful purpose.
Lead-acid batteries: storage batteries in which
the electrodes are grids of lead containing lead oxides that change
in composition during charging and discharging, and the electrolyte
is dilute sulfuric acid. These include starting batteries such as
car batteries that deliver a short burst of high power to start the
engine. In addition, they may include deep cell batteries found on
boats or campers used to power accessories like trolling motors, winches
or lights.
Hazardous dry cell batteries: rechargeable batteries,
such as nickel-cadmium, nickel-iron, nickel metal hydride, lithium
ion, small sealed lead acid, etc. These are often used as substitutes
for nonrechargeable batteries in standard sizes such as AAA, AA, C,
D and 9V. Rechargeable batteries are commonly found in cordless tools,
cellular and cordless phones, laptop computers, cameras, remote controls,
toys, etc. Also included in this definition are nonrechargeable batteries
that are hazardous as defined by the Resource Conservation Recovery
Act (RCRA), regardless of the RCRA exclusion of household waste from
the definition of hazardous waste pursuant to 40 CFR 261.4(b). Nonrechargeable,
hazardous batteries include older alkaline and carbon zinc batteries
as well as silver oxide, mercury and magnesium button-type batteries,
etc. It should be noted that domestically manufactured alkaline and
carbon zinc nonrechargeable batteries made after circa 1994 eliminated
mercury content to the point that they should not be considered RCRA
hazardous and therefore are not included in this material category.
Metal appliances: appliances composed predominantly
of metal, and may include stoves, washing machines, dryers, microwaves,
toasters and indoor/outdoor grills, for example, if the appliance
is predominantly metal. Also included are air conditioners, refrigerators
and dehumidifiers if they are predominantly metal. If these appliances
on the latter list contain refrigerants that are prohibited by the
Clean Air Act from being knowingly vented, the refrigerant must be
recovered accordingly.
Whole tires: tires that are whole, not chipped
into small pieces. (Tires are allowed to be recycled and/or incinerated
for energy recovery.)
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.
An established organization or foundation dedicated to public
service or culture, including but not limited to religious, educational,
health care and governmental establishments.
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 to fulfill the requirements of the Morris County Solid Waste
Management Plan and the New Jersey Statewide Mandatory Source Separation
and Recycling Act and those rules and regulations promulgated therefor.
The person or persons named by the municipality who shall
fulfill the responsibilities with respect to recycling enforcement
coordination detailed in the March 2007 Morris County Solid Waste
Management Plan Amendment Section 8.6. This person may be the same
person designated as the Municipal Recycling Coordinator.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the municipality
of the Borough of Mendham which is not bulky waste or construction
and demolition debris.
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.
Any person who owns, leases and/or occupies dwellings within
the Borough, including those in multifamily dwellings and/or single-family
developments.
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.
A.Â
Mandatory source separation: 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 the Borough of Mendham 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, tenants or occupants of such premises. This shall be done in the manner set forth in § 183-4.
B.Â
Exemptions: Pursuant to N.J.S.A. 13:1E-99.16(d), the
Borough Council may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source separate from
the municipal solid waste stream the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this article, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials and a certification that the designated recyclable
materials will be recycled and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
All residential, institutional and commercial
inhabitants of Mendham Borough shall source separate designated materials
from all other solid waste for recycling. This shall be done in the
manner described as follows:
A.Â
Residents of single-family units shall separate all
designated materials from all other solid waste and shall segregate
such recyclables.
(1)Â
Newspapers, corrugated cardboard, mixed paper, aluminum
containers, plastic containers, glass and ferrous containers shall
be placed curbside as directed by the Recycling Coordinator after
being prepared as follows:
(2)Â
Yard waste shall be separated from other solid waste
and shall be recycled in any of the following manners:
(3)Â
White goods are to be placed curbside in accordance
with requirements established by agreement with the hauling contractor.
CFCs must be recovered where applicable.
(4)Â
Oil-contaminated soil must be recycled at a Class
B recycling center for the reclamation/recycling of nonhazardous,
hydrocarbon-contaminated soil. Documentation shall be provided to
the Borough Recycling Coordinator.
(5)Â
Stumps must be recycled at a Class B land-clearing
debris recycling facility. Documentation shall be provided to the
Borough Recycling Coordinator.
(8)Â
Household dry cell batteries must be recycled through
the Morris County Municipal Utilities Authority program for recycling
of hazardous household waste.
(9)Â
The Borough Recycling Coordinator may from time to
time modify the above procedures.
B.Â
Residential developments (multifamily and single-family)
shall be responsible for establishing, within the residential directions
of this article, recycling programs for the collection of designated
recyclable materials.
C.Â
All nonresidential generators, including commercial establishments and institutions, shall separate designated materials for recycling. All designated recyclable materials may be deposited at the recycling depot if prepared according to the above specifications. Materials deposited at the recycling depot shall be disposed in the manner directed by signs or attendants at the site. The commercial establishments and institutions shall be responsible for establishing recycling programs for the collection, transportation and marketing of all other designated materials not deposited at the depot. Documentation of tonnage of materials recycled pursuant to such a program shall be submitted in accordance with § 183-5.
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
All commercial, institutional and other non-single-family
residential properties must submit recycling documentation on an annual
basis to the Borough Recycling Coordinator, with said documentation
to be submitted by January 31 for the prior calendar year.
B.Â
The Borough Recycling Coordinator will compile all
recycling documentation and report to the New Jersey State Department
of Environmental Protection and Energy and the Morris County Recycling
Coordinator as required.
From the time of placement at the recycling
center or curbside, if permitted, all designated recyclable materials
shall be and will become the property of the Borough of Mendham or
its authorized agents. However, it shall remain the responsibility
of the individual(s) who placed the recyclables curbside to maintain
the recyclables in a neat and orderly fashion. It shall be a violation
of this article for any person unauthorized by the Borough of Mendham
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 properties shall constitute a separate and distinct offense,
punishable as hereinafter provided.
A.Â
It shall be unlawful to combine designated, unsoiled
recyclables with other solid waste. Failure to source separate designated
materials for recycling is a violation of this article.
B.Â
It shall be unlawful for solid waste collectors to
collect solid waste that 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/recyclables which
visibly display a warning notice, ticket or some other device indicating
that the load of solid waste contains designated recyclable materials
and therefore should not be removed for disposal.
C.Â
It shall be the responsibility of the recycler whose
solid waste was not removed because it contained recyclables to properly
segregate the uncollected waste for proper recycling. Allowing such
unseparated refuse to accumulate is a violation of this article and
the local sanitary code.
D.Â
It shall be a violation of this article for any person
or solid waste collector to deposit recyclable materials outside of
the designated containers or areas at the recycling depot or to otherwise
fail to follow the signs and directions posted at the recycling depot.
E.Â
It shall be a violation of this article for any person
or solid waste collector to deposit any material at the depot center
which is not a designated material accepted at the depot center.
F.Â
The owner or occupant of any property, or any employee
or contractor of such owner or occupant engaged to provide lawn care
or landscaping services, shall not sweep, rake, blow or otherwise
place yard waste in the street. If yard waste is placed in the street,
the party responsible for placement of yard waste must remove the
yard waste from the street or said party shall be deemed in violation
of this article.
G.Â
The Borough's recycling services may be used only by Borough
residents and Borough businesses. It shall be unlawful for any recycling
materials that are not generated by Borough residents and Borough
businesses to be deposited into private or municipal containers within
the Borough for collection. Further, it shall be unlawful for any
recycling materials that are generated by Borough businesses'
commercial or industrial operations, beyond those materials generated
as part of the businesses' administrative operations, to be deposited
into municipal containers within the Borough for collection.
[Added 4-10-2019 by Ord. No. 2-19]
Any person who is an owner, lessee or occupant of a nonresidential property may donate or sell recyclable materials to any person, partnership or corporation, whether operating for profit or not for profit, provided that the recycling individual or company submits documentation to the Borough Recycling Coordinator as described in § 183-5.
Pursuant to N.J.S.A. 13:1E-99.13a and N.J.S.A.
13:1E-99.16(c):
A.Â
Any application to the Mendham Borough Planning Board
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,
in a 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, 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 municipality does not otherwise provide this service.
C.Â
Provisions shall be made for the indoor, or enclosed
outdoor, storage and pickup of solid waste, to be approved by the
Municipal Engineer.
As set forth in N.J.S.A. 13:1E-99.13.3.b.(4)(c),
the Borough of Mendham accepts the goal of 50% recycling of municipal
solid waste by 2015 and shall monitor its level of recycling and solid
waste disposal and shall strive to achieve the recycling of 50% of
the municipal solid waste generated within its borders.
The Municipal Recycling Coordinator, the Borough
Administrator, the Department of Public Works and any member of the
Borough police are authorized and directed hereby to enforce this
article. An inspection may consist of sorting through containers and
opening solid waste bags to detect, by sound or sight, the presence
of any recyclable material. The Recycling Coordinator, the Borough
Administrator and the Department of Public Works shall recommend and
the Borough Council shall promulgate and/or amend from time to time,
reasonable regulations as to the manner, days and times for the collection
and/or deposit of designated recyclable materials in accordance with
the terms hereof.
Any person, corporation, occupant or entity
that violates or fails to comply with any provision of this article
or any of the rules and regulations promulgated hereunder shall, upon
conviction thereof, be punishable by a fine not less than $25 nor
more than $1,000.
In the event that it is determined, by a court
of competent jurisdiction, that any provision or section of this article
is unconstitutional, all other sections and provisions shall remain
in effect. This article shall take effect immediately, unless otherwise
provided by resolution of the governing body.
