Chapter 171 Solid Waste

§ 171-2 Solid waste collection required.

Editor's Note: See § 171-9, Pet solid waste.

[Amended 4-6-1977 by Ord. No. 1977-8]

Generally. It shall be unlawful for any person to place or to cause or suffer to be placed upon any vacant lot, street, alley, driveway, sidewalk, areaway or public place any solid waste or to disturb such material when properly placed or to remove such material, except in compliance with the provisions of this article.

Containers and bundles. Generally solid waste shall be placed in metal, rubber or plastic watertight containers not exceeding 34 gallons' capacity. Disposable polyethylene or paper bags designed to be used as containers for garbage or rubbish may be used. Filled bags are to be sealed or closed at the top. Metal tubs or disposable boxes may be used as containers for solid waste. Containers must be of suitable strength to support the contents when the containers are wet. Trimmings, wood, tree limbs and branches may be tied in a bundle. Each bundle shall be securely tied and shall not exceed three feet in length and two feet in diameter nor weigh more than 50 pounds.

[Amended 9-20-2000 by Ord. No. 2000-11]

Time and location. Solid waste shall be placed, by the property owner, at the curb of the premises no earlier than 6:00 p.m. on the day before the day of collection and shall be collected on a weekly basis by entities authorized to collect and dispose solid waste, pursuant to § 171-6. No person shall place containers of solid waste to be collected in the street or on the sidewalks in such a manner which would block the use of the sidewalk or place said solid waste in the front of a property occupied by another without the consent of such other occupant.

[Amended 12-27-1984 by Ord. No. 1984-24]

§ 171-3 Collection and removal rules and regulations.

The governing body is hereby authorized to promulgate, by resolution, such rules and regulations governing the collection and efficient removal of garbage, refuse and ashes in the Township as shall be deemed necessary for the health, safety and welfare of the residents.

Copies of such rules and regulations shall be made generally available to all residents of the Township.

§ 171-4 Garbage or trash from outside Township.

[Added 9-20-2000 by Ord. No. 2000-11]

Garbage or trash originating outside the Township. No person shall bring in, place or deposit or cause to be brought into, placed or deposited in the Township any garbage, refuse, trash, paper, hazardous waste and/or material or ashes originating outside the Township for the purpose of disposing of the same in the Township or for the purpose of having the same collected by the Township or by a solid waste collector operating in the Township.

Permitting disposal of garbage or trash from outside the Township. No person who is a resident of the Township or owner, lessee or person in control of real property within the Township shall permit any person to bring in, place or deposit garbage, refuse, trash, paper, hazardous waste and/or material or ashes originating outside the Township on any real property owned or leased by him or her or under his or her control.

§ 171-5 Yard waste.

[Added 4-6-1977 by Ord. No. 1977-8; amended 12-15-2004 by Ord. No. 2004-16]

Yard waste collection. The Township shall provide a yard waste collection and disposal program which shall include monthly pickups from October through December, one Spring pickup and additional pickups through the remainder of the year as determined by the Township Manager. The Township Council shall establish the days for collection and shall cause an announcement of the same to be published in a newspaper at least two weeks prior to said collection. Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and it shall not be placed closer than 10 feet from any storm drain inlet, Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.

Disposal of yard waste. 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, unless the yard waste is containerized, in the street, except as otherwise provided in § 171-5A. If yard waste that is not containerized 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 section.

Enforcement. The provisions of this section shall be enforced by the Police Department, the Code Enforcement Officer and/or the Road Department Superintendent of the Township of Maple Shade.

§ 171-6 Scavenging prohibited; authorized collection only.

[Amended 4-6-1977 by Ord. No. 1977-8]

No person shall break into, disturb, untie or unbundle or remove or otherwise engage in ragpicking or scavenging practices with respect to any container, bundle, package or box of solid waste that has been placed at the proper location for collection or removal, except the following solid waste collectors and except in accordance with the requirements of this article and state law and any contract not inconsistent with the provisions of this article and state law:

Employees of the Township who are authorized and directed by the appropriate Township authority.

Persons specifically authorized to remove solid waste by the owner of the premises from which it is being taken.

Solid waste collection contractors.

§ 171-7 Improperly loaded vehicles.

No person shall cause or permit any cart, wagon, auto, truck, motor vehicle or any other vehicle to be heaped up with manure, sand, earth, ashes, refuse, garbage or offal or any other material so that the contents or any part thereof may be scattered on the streets, highways, public lanes or alleys or any other public place in the Township of Maple Shade.[1]

Editor's Note: See also Ch. 117, Littering.

§ 171-8 Littering. [1]

[Amended 12-15-2004 by Ord. No. 2004-16]

Prohibited acts and regulated activities.

It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.

Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.

Enforcement. This section shall be enforced by the Police Department and/or the Code Enforcement Official of the Township of Maple Shade.

§ 171-8.1 Intentional release of balloons.

Editor's Note: See also Ch. 117, Littering.

[Added 11-10-2022 by Ord. No. 2022-10]

Purpose and intent. This section is adopted in order to protect the environment, particularly the wildlife, and health, safety and well-being of persons and property by prohibiting the intentional release of helium balloons into the atmosphere, including latex and mylar, as it has been determined that the release of balloons inflated with lighter-than-air gases pose a danger and nuisance to the environment, particularly to wildlife and marine animals so as to constitute a public nuisance and may pose a threat to the safety of its inhabitants and their property.

Prohibited releases. It shall be unlawful for any person, firm or corporation to intentionally release, organize the release, or intentionally cause to be released balloons inflated with a gas that is lighter than air within the Township of Maple Shade limits, except for:

Balloon released on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.

Hot air balloons that are recovered after launching.

Balloons released indoors.

Violations and penalties. Any person found in violation is guilty of a noncriminal infraction punishable by a fine not to exceed the sum of $500.

§ 171-9 Pet waste.

[Added 12-15-2004 by Ord. No. 2004-16[1]]

Requirements for disposal. All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.

Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.

Enforcement. The provisions of this section shall be enforced by the Police Department and the local Board of Health of Maple Shade Township.

§ 171-10 General requirements for collection and removal of solid waste.

Editor's Note: This ordinance also provided for the redesignation of former §§ 171-9 through 171-27 as §§ 171-10 through 171-28, respectively.

[Added 4-6-1977 by Ord. No. 1977-8]

The solid waste collection contractor and any other solid waste collector operating within the Township as a result of being specifically authorized by an owner of a property shall conform to the following regulations:

Containers. Due care and reason at all times shall be exercised in the handling of containers. Lids and containers shall be replaced after servicing the same.

Advertisement. Solid waste collection contractors shall place an advertisement in a local paper informing the public when the regular collection schedule will not be followed because of a holiday. This provision shall not apply to other collectors.

Spillage. The employees shall use extreme care in transferring refuse and will pick up any spillage which may occur, including debris blown as a result of spillage. Each truck shall be equipped with hand tools for cleaning up spillage.

Complaints. The complaints made shall be immediately investigated and resolved. If they are not resolved to the benefit of the resident, an explanation shall be made to the Township Manager.

Missed location. Any location reported missed will be collected within 24 hours after the report is made.

Quiet collections. All collections shall be made as quietly as possible and all vehicles shall have properly maintained mufflers.

Courteous. Employees are to be courteous at all times and not use loud or profane language.

Traffic. The drivers of vehicles will observe all traffic regulations and will not block traffic.

Trespassing. No trespassing on private property is permitted, and the employees and vehicles will stay on public property at all times.

Gratuities. No employee is permitted to accept any gratuity, tip or the like.

§ 171-11 Violations and penalties.

[Amended 9-5-1984 by Ord. No. 1984-11; 9-20-2000 by Ord. No. 2000-11; 12-15-2004 by Ord. No. 2004-16; 4-16-2008 by Ord. No. 2008-07]

Any person who shall violate any provisions of this article, upon conviction, shall be subject to the penalty as provided in Chapter 1, Article II, herein.

Article II Recycling

[Adopted 3-7-1995 by Ord. No. 1995-1 (Ch. 100 of the 1975 Code); amended in its entirety 8-4-2010 by Ord. No. 2010-11]

§ 171-12 Purpose.

The Township of Maple Shade finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA[1] and the County Plan. The recycling of certain materials from the residential, commercial and institutional establishments in this municipality will conserve existing landfill capacity, facilitate the implementation and operation of other forms of resource recovery and conserve natural resources through reduced energy consumption and reduced water and air pollution, as well as reduce the demand on raw material extraction.

Editor's Note: See N.J.S.A. 12:1E-1 et seq.

§ 171-13 Statutory authority.

This article is adopted pursuant to P.L. 1987, c. 102 (effective April 20, 1987),[1] N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1, and any amendments adopted thereto.

BURLINGTON COUNTY REGIONAL PROGRAM

Editor's Note: See N.J.S.A. 12:1E-1 et seq.

§ 171-14 Definitions.

As used in this article, the following definitions shall apply:

ACT or SWMA

The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.

ALUMINUM CAN

Empty food and beverage containers comprised of aluminum. Excluded from this definition are aluminum aerosol cans, aluminum foil and trays.

ANTIFREEZE

Liquid used in a cooling system that is mixed with water and prevents the water from freezing. The solution serves as the engine coolant.

The program utilized for the collection of those recyclable materials as designated by the Department of Solid Waste from residential curbside, participating multifamily and participating school collection programs.

CERTIFIED RECYCLING COORDINATOR

A person who shall have completed the requirements of a course of instruction in various aspects of recycling program management, as determined and administered by the Department of Environmental Protection.

CLASS A RECYCLABLE MATERIAL

Source-separated, nonputrescible, metal, glass and plastic bottles coded Nos. 1 and 2, and paper and corrugated and other cardboard.

CLASS B RECYCLABLE MATERIAL

Source-separated, nonputrescible waste concrete, asphalt, brick, block, asphalt-based roofing, scrap and wood waste; source-separated, nonputrescible waste materials other than metal, glass, paper, plastic containers, corrugated and other cardboard resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings, pavements and other structures; source-separated whole trees, tree trunks, tree parts, tree stumps, brush and leaves provided that they are not composted; source-separated scrap tires; and source-separated petroleum-contaminated soils.

CLASS C RECYCLABLE MATERIALS

Source-separated compostable or anaerobically digestible material such as source-separated food waste, biodegradable plastic and yard trimmings.

CLASS D RECYCLABLE MATERIAL

Used oil, antifreeze, latex paints, thermostats, fluorescent lamps (light bulbs), oil-based finishes, batteries, mercury-containing devices and consumer electronics.

COMMERCIAL ESTABLISHMENT

All commercial and industrial activities that operate for profit and are involved in retail or manufacture of goods and services provided for sale.

COMMINGLED

A combining of source-separated recyclable materials for the purpose of recycling.

COMMON AREA RECYCLING STORAGE LOCATION

A location designed in accordance with the land use ordinances of this municipality as required for multifamily dwellings with more than 20 residential units where curbside collection is not provided under the Burlington County Regional Program.

CONDOMINIUM COMPLEX

A group of units, arranged horizontally or vertically, where the form of ownership of real property is under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.

CONSUMER ELECTRONICS

Computer equipment, including desktop and laptop computers and related components, including, monitors, circuit boards, terminals, and CPUs, and peripheral equipment including keyboards, printers, copiers, and fax machines. It shall also include VCRs, CD players, DVD players, and cellular phones. Consumer electronics shall not include televisions as defined herein until such time as such devices are banned at solid waste disposal facilities in accordance with the Electronics Waste Recycling Act, P.L 2008, c.130 et seq. and any amendments thereto.

CONTAMINANT

Solid waste, food waste, or other material which adheres to, or which is otherwise contained on or in, source-separated recyclable materials.

CORRUGATED AND OTHER CARDBOARD

All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam, foil or wax-coated or soiled corrugated cardboard.

COUNTY

The Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Division of Solid Waste Management.

CURBSIDE-DESIGNATED RECYCLABLES

Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.

CURBSIDE RECYCLING CONTAINER

A container provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).

DE MINIMIS

Less than 1% by volume.

DEP OR DEPARTMENT

The New Jersey Department of Environmental Protection.

DESIGNATED RECYCLABLE MATERIALS

Those recyclable materials to be source-separated in this municipality, including but not limited to aluminum cans, antifreeze, consumer electronics, corrugated cardboard, fluorescent lights, glass containers, lead acid batteries, leaves, metal appliances, paper, plastic bottles (coded Nos. 1 and 2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.

DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS

The transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months, or for a period of time as mandated by law, of designated recyclable materials for all possible uses except for disposal as solid waste.

DSW

The Burlington County Department of Solid Waste, its successors and assigns.

FIBER

All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books, chipboard, corrugated and other cardboard and similar cellulosic material whether shredded or whole, but excluding wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.

FLUORESCENT LIGHTS

A lighting system which works by creating electric arcs inside a gas-rich tube to produce ultraviolet light, then converting this to visible fluorescent light by its passage through a layer of phosphor on the inside of the glass.

GENERATOR

Any person(s) who causes solid waste to be produced for any purpose whatsoever.

GLASS

All clear (flint), green, and brown (amber) colored glass containers. Glass shall not include crystal, ceramics, light bulbs, plate, window, laminated, wired or mirrored glass.

INK JET CARTRIDGE

A replaceable unit that holds ink and the print nozzles for inkjet printers.

INSTITUTIONAL ESTABLISHMENT

Any entity, either public or private, either for profit or nonprofit, who operates for educational, charitable, religious, fraternal or other public purpose.

LEAD ACID BATTERY

Storage batteries with lead electrodes and that contain dilute sulfuric acid as the electrolyte. These include starting batteries, such as vehicle batteries, marine batteries, small sealed lead acids and deep cell batteries used to power vehicles or marine accessories such as trolling motors, winches or lights.

LEAVES

Vegetative material, typically generated in the autumn, which falls from trees and is collected for removal from a property.

METAL APPLIANCES

Appliances composed predominantly of metal, including stoves, washing machines, dryers and water heaters. Also included are all Freon-containing appliances, including air conditioners, freezers, refrigerators and dehumidifiers.

MOBILE HOME PARK

Any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis, as defined in N.J.S.A. 2A: 18-61.7 et seq.

MULTIFAMILY DWELLING

Any building or structure or complex of buildings or structures in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes, whether privately or publicly financed, except 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.) and N.J.S.A 40:66-1.2 et seq.

MUNICIPALITY

The Township of Maple Shade located within the County of Burlington, State of New Jersey.

MUNICIPAL RECYCLING DEPOT

A site owned and operated by a municipality for the receipt and temporary storage of certain designated Class A recyclable materials delivered by residents, small commercial and nonprofit establishments for a period not exceeding two months, prior to their transport to a recycling center or end-market.

MUNICIPAL SOLID WASTE

Residential, commercial and institutional solid waste generated within a community.

MUNICIPAL SOLID WASTE STREAM

Residential, commercial and institutional waste in the context of the Statewide Solid Waste Management Plan Update, which constitutes the waste stream, used to calculate the state-mandated 50% recycling rate. This waste stream includes waste types 10 and 23.

PAPER

All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material whether shredded or whole, but excluding tissue and towel paper, wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food-contaminated or soiled paper.

PERSON

Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency or any other entity or any group of such persons, which is recognized by law as the subject of rights and duties.

PLASTIC BOTTLES

All bottles that are labeled as made from polyethylene terapthalate (PET) and coded as No. 1 and high-density polyethylene terapthalate (HDPE) and coded as No. 2. Specifically excluded are bottles that formerly contained hazardous materials, including, but not limited to, paint, solvents, motor oil and pesticides and herbicides.

PUTRESCIBLE WASTE

Organic material which is capable of, and prone to, a rapid process of biological and biochemical decomposition, under anaerobic or aerobic conditions, resulting in the formation of malodorous byproducts.

QUALIFIED PRIVATE COMMUNITY

A residential condominium, cooperative or fee simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction, comprised of a community trust or other trust device, condominium association, homeowners' association or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No proprietary campground facility, as defined in Section 1 of P.L.1993, c.258 (N.J.S.A. 45: 22A-49), shall be considered to be a qualified private community.

RECHARGEABLE BATTERIES

Batteries used in portable electronic devices composed of nickel cadmium (Ni-Cd), nickel metal hydride (Ni-MH), lithium ion (Li-ion) and small sealed lead (Pb).

RECYCLABLE MATERIALS

Materials that would otherwise become solid waste that can be separated, collected and/or processed and returned to the economic mainstream in the form of raw materials or products.

RECYCLING

Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

RECYCLING CENTER

A facility designed and operated solely for receiving, storing, processing or transferring source-separated recyclable material (Class A, Class B, Class C and/or Class D recyclable materials).

RESIDENT

Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.

SCRAP METAL

Bits and pieces of metal parts (for example, bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (for example, radiators, scrap automobiles, railroad box cars) which when worn or superfluous can be recycled. Included are all ferrous and nonferrous metals including appliances and appliances containing refrigerants.

SOLID WASTE

Garbage, refuse and other discarded materials, as defined in N.J.S.A. 13:1E-1, et sees. and N.J.S.A. 48:13A-1, et seq.

SWMA

The New Jersey Solid Waste Management Act, as amended.

SOURCE-SEPARATED

Recyclable materials separated from the solid waste stream at the point of generation.

STEEL CAN

Empty food, beverage and aerosol containers comprised of tin, steel or a combination thereof which formerly contained only nonhazardous substances or such other substances as have been approved for recycling by Department of Solid Waste.

TELEVISION

A stand-alone display system containing a cathode ray tube or any other type of display primarily intended to receive video programming via broadcast, having a viewable area greater than four inches measured diagonally, able to adhere to standard consumer video formats and having the capability of selecting different broadcast channels and support sound capability.

TEXTILES

Clean dry clothing or other fabric measuring at least one foot by one foot in size. It shall not include material that is wet or mildewed.

TIRES

Rubber wheels used on motorized transport or equipment whether bias-ply, cross-ply or radial.

TONER CARTRIDGE

An exhausted replaceable cartridge containing toner powder and sometimes the photosensitive drum on which a laser printer generates the image to be printed.

TYPE 10 MUNICIPAL SOLID WASTE

Waste originating in the community consisting of household waste from private residences, commercial waste which originates in wholesale, retail or service establishments such as restaurants, stores, markets, theatres, hotels and warehouses, and institutional waste material originated in schools, hospitals, research institutions and public buildings.

TYPE 13 BULKY WASTE

Large items of waste material, such as appliances and furniture. Discarded automobiles, boats, trucks and trailers, large vehicle parts and tires are included under this category.

USED OIL

Any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities, or unused oil that is contaminated by physical or chemical impurities through storage or handling and is determined to be a solid waste by the generator.

USED OIL COLLECTION CENTER

The municipal recycling center that manages used oil and accepts and/or aggregates and stores used oil collected from used oil generators regulated under N.J.A.C. 7:26A-6.4 that bring used oil to the collection center in shipments of no more than 55 gallons pursuant to N.J.A.C. 7:26A-6.4(e). Used oil accumulation centers may also accept used oil from household "do-it-yourself" used oil generators.

§ 171-15 Source separation of designated recyclables.

Notwithstanding the limitations to the Burlington County Regional Program (BCRP) or the Municipal Recycling Depot as outlined within this article, every person is required to source-separate and recycle each of the designated recyclable materials outlined within this article.

§ 171-16 Establishment of curbside program.

In order to facilitate the collection of certain designated recyclable materials, there is hereby established a curbside program for the collection of source-separated recyclable material from residents of the municipality.

Designated recyclable materials for the curbside program are those materials designated by the DSW for collection within the BCRP. These materials are: aluminum cans, corrugated cardboard, glass containers, paper, plastic bottles (coded Nos. 1 and 2), steel (tin) cans and other recyclable materials as may be designated from time to time by the DSW.

Multifamily complexes of 20 or more units, condominium complexes of 20 or more units or mobile home parks of 20 or more units, or any commercial or institutional establishment, shall not receive collection under this program unless the collection location and type of containers are approved by the DSW.

Collections of recyclable materials pursuant to this section shall be in accordance with a schedule of recycling collection areas and dates promulgated by DSW and publicly advertised by the municipality or county.

All residents served by the curbside program shall source-separate all designated recyclables for curbside collection and shall place them at the side of the road fronting their residence in the manner designated by § 171-17 of this article and on the date specified for collection.

Residents who are physically unable to place recyclable materials out for collection within the Burlington County Regional Program shall be exempt from requirements for participation within the program.

§ 171-17 Source separation and collection of designated recyclables for the curbside program.

Determinations for this exemption shall be at the discretion of the Township.

All recyclables placed for collection pursuant to the curbside program established within § 171-16 of this article shall be source-separated and prepared for collection in accordance with the following conditions:

Cardboard and paper shall be placed in paper bags or tied in bundles not exceeding 35 pounds in weight nor exceeding one foot in thickness.

Cardboard and paper shall not be set out for recycling collection in plastic bags, recycling buckets, box-like containers.

In those locations where carts are provided for the collection of corrugated cardboard and paper, those materials shall be placed in the carts that are provided by the municipality.

(a)

Boxes shall be flattened as to fit into the cart.

(b)

Where cardboard boxes are too large to be placed in the cart and where there are too many boxes to fit within the cart, cardboard boxes must be flattened and placed alongside the cart for collection.

(c)

Carts shall be placed at the curb with the lid opening facing the street.

(d)

Carts shall be placed in such a manner so as to leave at least two feet of clear space around each side of the cart.

Carts shall be placed in such a manner so as to avoid interference from overhead obstructions.

(e)

Carts shall be maintained in a neat and sanitary condition so as to deter vermin and odors.

(f)

Carts are the property of the municipality and may not be used for any other purpose or to contain any other material.

Glass containers, aluminum cans, steel cans and plastic bottles:

Remove all caps and lids and dispose of as solid waste.

Glass containers, aluminum cans, steel cans and plastic bottles shall be rinsed free of contaminants.

Glass containers, aluminum cans, steel cans and plastic bottles shall be placed in a recycling container provided by the municipality.

(4)

Plastic and/or paper garbage bags shall not be utilized as containers for glass containers, aluminum cans, steel cans and plastic bottles.

Municipally provided recycling carts/containers may not be used for any other purpose whatsoever.

Removal of recycling carts/containers provided by the municipality by any person is prohibited.

Recyclables shall not be placed for collection earlier than the evening of the day preceding a scheduled collection day. Recyclables must be placed at the roadside by 6:00 a.m. on the scheduled collection day.

All other terms and phrases shall be as defined in the SWMA and regulations promulgated thereunder and the County Plan, unless content clearly requires a different meaning.

§ 171-18 Public drop-off program.

There is a Township bulk recycling drop-off depot (Township Garage) for the convenience of the residents. Source-separated recyclables listed below may be brought to the Township Public Works Department on Cutler Avenue during the times and days advertised.

The following source-separated recyclables will be accepted at the Municipal Recycling Depot:

Accepted materials:

	Aluminum cans
	Antifreeze
	Brush
	Corrugated cardboard
	Glass containers
	Oil
	Paints and stain
	Paper
	Plastic bottles (Coded Nos. 1 and 2)
	Steel (tin) cans
	Tires

§ 171-19 Provision of common area recycling storage locations.

Other recyclable materials as may be designated by the municipality, 30 days after designation and publication of notice in a newspaper of general circulation.

It shall be the responsibility of the owner or manager of every multifamily, qualified private community and mobile home park to construct and maintain, in a neat and sanitary condition, recycling storage location(s) and recycling containers on their property in accordance with the land development ordinances of the Township of Maple Shade, entitled "Design of containment areas for designated recyclable materials on residential sites" and in accordance with the requirements of the Burlington County Department of Solid Waste Management.

Designated source-separated recyclables:

Designated materials:

	Aluminum cans
	Corrugated cardboard
	Glass containers
	Paper
	Plastic bottles (Coded Nos. 1 and 2)
	Steel (tin) cans

§ 171-20 Mandatory commercial and institutional source separation program.

Such other recyclable materials as may be designated by the municipality, 30 days after designation and publication of notice in a newspaper of general circulation.

The owner or manager of each and every one of the above-referenced locations shall notify all new residents within 30 days of occupancy and all other residents no less than two times each calendar year of the recycling location(s), the list of materials that is required to be recycled, the location of all recycling containers and the requirements of recyclable material preparation.

The owner or manager of each and every one of the above-referenced locations who elects not to participate in the Burlington County Regional Program shall arrange for the collection and recycling of the designated recyclable materials outlined within this section at their own expense as allowed by law.

The owner or manager of each and every one of the above referenced locations shall be required to report recycling tonnages as described in § 171-21, Recycling reporting requirements, except where collection services are provided by the Burlington County Regional Program.

All persons generating municipal solid waste within the Township through the operation of a commercial or institutional establishment shall source-separate and arrange for collection of all designated recyclables within 30 days of the effective date of this article.

Designated recyclable materials for the mandatory commercial and institutional source separation program shall consist of the following materials:

Designated materials:

	Aluminum cans
	Antifreeze
	Consumer electronics
	Corrugated cardboard
	Fluorescent lights
	Glass containers
	Lead acid batteries
	Leaves
	Metal appliances
	Paper
	Plastic bottles (Coded Nos. 1 and 2)
	Rechargeable batteries
	Steel (tin) cans
	Textiles
	Tires
	Used motor oil
	Ink jet cartridges
	Toner cartridges

§ 171-21 Recycling reporting requirements.

Such other recyclable materials as designated by the municipality, 30 days after designation and publication of notice in a newspaper of general circulation.

The owner or manager of each and every commercial and institutional source shall be required to report recycling tonnages as described in § 171-21.

The arrangement for collection of designated recyclables for disposition hereunder shall be the responsibility of the individual(s) responsible for the provision of solid waste or recycling services, including the provision or maintenance of litter receptacles located on the property of any commercial or institutional establishment generating designated recyclables.

Pursuant to N.J.A.C. 7:26A-10.3, all multifamily housing owners, mobile home parks, commercial and institutional housing owners or their agents shall report the tonnage of designated recyclable materials collected for recycling from their business or premises, as follows:

The management individual(s) responsible for the provision of recycling services as herein defined at all residential, commercial, institutional and industrial properties that contract for recycling services with a private company shall submit to the Municipal Recycling Coordinator by the first day of February of each year documentation verifying the previous year's total recycling (expressed by weight) for each material recycled.

Documentation shall take the form of a letter or report issued by the recycling service provider or end market to the generator of the recycled material. The generator must maintain weight slips or paid invoices and make such records available for inspection by this municipality, county or state for a period not to exceed five years.

Any solid waste or recycling service provider shall submit to the Municipal Recycling Coordinator, by the first day of February of each year, documentation verifying the previous year's total recycling (expressed by weight) for each material recycled as prescribed by the DSW.

At a minimum, all reporting shall detail the municipality of origin, the name and location of the market or recycling center and the amount of each source-separated recyclable material, expressed in gallons, tons or cubic yards, brought to each manufacturer or recycling center from the municipality of origin. Those persons specifying this information in cubic yards shall also indicate the conversion ratio utilized for calculating the materials from cubic yards to tons.

§ 171-22 Unlawful activities; nuisance.

It shall be unlawful for:

Any person, other than those persons authorized, to collect any designated recyclable which has been placed at the roadside for collection or within a recycling depot pursuant to this article;

Any person to violate, cause, or assist in the violation of any provision of this article or any provision of the County Plan concerning recycling;

§ 171-25 Noninterference with existing contracts.

Any person to place or to cause to be placed any material other than a designated recyclable in or near a recycling depot;

(4)

Any person to hinder, obstruct, prevent or interfere with this municipality, the county or any other authorized persons in the performance of any duty under this article or in the enforcement of this article;

(5)

Any person to offer to collect or knowingly collect designated recyclable materials in any manner except as source-separated recyclable materials as defined herein;

(6)

Any person required to provide a report as required under this article to fail to do so.

All unlawful conduct set forth in this section shall constitute a public nuisance.

§ 171-23 Noncollection of solid waste.

Any person collecting solid waste generated within the Township shall refuse to collect solid waste from any person who has failed to source-separate recyclables designated under any applicable section of this article.

Any person collecting solid waste generated within the Township shall refuse to collect solid waste from any person who has placed solid waste into a municipally issued recycling container.

§ 171-24 Other means of disposal

Notwithstanding anything herein to the contrary, any resident of the Township may donate or sell any recyclable to any other person, whether operating for a profit or not for profit; provided, however, that the person receiving the recyclables shall not, under any circumstances, collect the donated or sold material from an established recycling collection route or from a recycling depot without prior written permission from the Township for such collection.

Permission for such collection shall not be given for any day other than a Saturday or Sunday and in no case shall such permission be given to collect recyclables from a recycling depot.

Nothing contained in this article shall be construed to interfere with or in any way modify the provisions of any existing contract which is consistent with N.J.S.A. 13:1E-29 and in force in the municipality on the effective date of this article.

No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclables shall be entered into after the effective date of this article, unless such renewal or such contract shall conform to the requirements of this article.

§ 171-26 Enforcement.

Enforcement of this article shall be the responsibility of the Township Recycling Coordinator and/or the local Code Enforcement Official.

In addition to the individuals listed in § 171-26A above, the Burlington County Health Department and the DSW are hereby appointed as Enforcement Officer(s) for enforcement of all recycling requirements of this article.

Enforcement of this article shall be commenced in the Superior Court or in the Township Municipal Court, and penalty or fine shall be collected with costs in a summary civil proceeding.

Any penalties or fines collected in an enforcement action shall be paid to the Township when the Township brings such action.

Any penalties or fines collected in an enforcement action shall be paid to the Treasurer of Burlington County when such action is brought by the Burlington County Health Department or the DSW.

§ 171-27 Violations and penalties.

Any person who violates the provisions of this article shall, upon conviction thereof in a proceeding before a court of competent jurisdiction, be subject to the following fines:

Misuse of recycling containers/carts for trash, theft of containers: A fine of not less than $65 and not more than $100.

Residential recycling violation: A fine of not less than $25 and not more than $1,000.