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Editor's Note: See also Ch. 216, Recycling.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Cans made entirely of aluminum, which were used to contain beverages. Specifically excluded are other aluminum products such as foil, pie pans and aluminum siding.
COMMERCIAL
Any nonresidential building or establishment, including, but not limited to, those used for retail, wholesale, dining, offices, professional services, shipping and receiving areas and cafeterias.
COMMINGLED
Recyclable items placed together in a common container(s) for collection as permitted and/or required by contract with the vendor.
CORRUGATED CARDBOARD
The term used to identify a type of paper in which a portion has been made to have a wavy surface (alternating ridge and grooves) and is placed between two flat surfaces for the sake of strength and which is commonly used to form cartons.
DESIGNATED MATERIALS
Those materials identified in the Morris County District Recycling Plan that must be separated for recycling such as, but not limited to, newspapers, corrugated cardboard, mixed paper (high-grade magazines, junk mail, scrap paper, etc.), aluminum food and beverage containers, plastic bottles, glass bottles and jars, tin/steel cans, yard waste, tires, vehicular batteries, white goods, motor oil, oil-contaminated soil (nonhazardous, Type 27), stumps (logs, branches, natural wood waste) and asphalt roofing shingles and household dry cell batteries.
GLASS
Bottles and jars made of silica, soda ash and limestone, being transparent or translucent and breakable. Specifically excluded are plastics or any other glass products such as window glass and ceramics.
INSTITUTION
An established organization or foundation dedicated to public service or culture, including, but not limited to, religious, educational, health care and governmental establishments.
NEWSPAPER
Newsprint-grade paper that is printed and distributed daily or weekly that contains news. The recycling of such material excludes soiled paper.
OFFICE PAPER
High-grade papers generally used in offices that are of high quality and do not have a glossy finish, including, but not limited to, computer, letterhead, ledger and photocopy paper.
RESIDENT
Any person who owns, leases and/or occupies dwellings within the municipality, including those in multifamily dwellings and/or single-family developments.
TIN CANS
Ferrous containers, including all metal containers made of steel and/or tin, the most common being food cans. Bimetal cans with steel sides and bottoms and aluminum tops are included in this material.
TIRES
Motor vehicle tires from passenger automobiles and light trucks and shall not include tires from vehicles with a loading capacity exceeding 1 1/2 tons.
WHITE GOODS
Any large household appliance, including refrigerators, stoves, dishwashers, water heaters, washers, dryers or other similar appliances.
YARD WASTE
Includes fallen leaves and brush (chippable, up to three inches in diameter). Grass clippings are also included in this definition.
It shall be mandatory for all residential, institutional and commercial inhabitants of the Town to source separate designated materials from all other solid waste for recycling. This shall be done in the manner described in § 246-8. The Town accepts the state policy directive of achieving and maintaining at least a fifty-percent recycling rate of municipal solid waste.
A. 
Residents of single-family units shall separate newspaper, glass, aluminum cans, tin cans and yard waste (hereinafter collectively termed "recyclables") from all other solid waste and shall segregate such recyclables for the Town curbside recycling program or recycling depot. Materials shall be prepared and placed at the curb or brought to the recycling center in accordance with rules and procedures that may be developed from time to time by the Town's Recycling Coordinator and approved by the Town Administrator. Generally, the following rules shall govern collection and dropoff:
(1) 
Newspaper, corrugated cardboard and brown paper, mixed paper and commingled materials will be collected at the curb by employees of the Town's contracted hauler according to an established schedule; or may be taken to the Town recycling center (located at the Town garage) during hours and days of the week designated by the Town.
(2) 
Yard wastes. Leaves are collected each fall by the Street Department, but grass clippings and brush must be taken by residents to the Town garage.
B. 
Residential developments (multi- and single-family) shall be responsible for establishing recycling programs for the collection of designated recyclable materials. These materials are to be stored for collection by the municipality, a private recycling vendor or deposited at the municipal recycling depot.
C. 
Institutions shall source separate corrugated cardboard, office paper, glass, aluminum cans and tin cans for recycling. Designated materials may be deposited at the recycling center. Otherwise, the institution shall be responsible for establishing recycling programs for collection, transportation and marketing of designated recyclable materials. Documentation of tonnage of material recycled is to be submitted in accordance with § 246-9.
D. 
Commercial establishments shall source separate corrugated cardboard, office paper, glass, aluminum cans and tin cans for recycling center, if prepared according to the above specifications. Otherwise, each establishment shall be responsible for establishing recycling programs for the collection, transportation and marketing of designated recyclable materials. Documentation of tonnage of material recycled is to be submitted in accordance with § 246-9.
E. 
In the case of multi-generator buildings such as apartment buildings, hotels or office buildings, the building management as well as the generator and/or hauler shall be responsible for compliance with county- and Town-mandated material source separation recycling requirements.
F. 
Tires shall be brought to the Town recycling center at designated times and in accordance with the fee schedule.
G. 
Vehicular batteries shall be brought to the Town recycling center at designated times.
H. 
White goods shall be picked up curbside after purchase of an appropriate sticker.
I. 
Household batteries shall be brought to the Town recycling center at designated times.
A. 
All commercial, institutional and multifamily developments, which are not serviced by municipal recycling collection systems, must submit recycling documentation on an annual basis to the Municipal Recycling Coordinator. Each annual report must be filed by January 8 of the succeeding year.
B. 
The Municipal Recycling Coordinator will compile all recycling documentation and file an annual recycling tonnage report with NJDEP and the County Recycling Coordinator.
C. 
Those not complying will be subject to enforcement penalties defined in § 246-15.
Recyclable materials placed at the curb or recycling depot are the property of the Town or its authorized agent. It is a violation of this article for any person unauthorized by the Town to collect or pick up or cause to be collected or picked up any such recyclables. Any and each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided in § 246-15.
Any person who is an owner, lessee or occupant may donate or sell recyclable materials to any person (whether operating for profit or not for profit), as long as the recycling individual or company submits documentation to the Municipal Recycling Coordinator as described in § 246-9.
The Municipal Health Administrator, Code Enforcement Officer, Police Department, Public Works Department, Town Administrator and Recycling Coordinator are hereby authorized and directed to enforce all provisions of this article.
The Town Recycling Coordinator or his designee shall conduct inspections of garbage set out for disposal in order to determine whether recyclables are contained therein. Such inspections shall be conducted at random.
A. 
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. 
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 that visibly display a warning notice, sticker or some other device indicating that the load of solid waste contains designated recyclable materials and therefore should not be removed for disposal.
C. 
It shall be the responsibility of the nonrecycler, whose solid waste was not removed because it contained recyclables, to properly segregate the uncollected waste for proper recycling. Allowing such nonseparated refuse to accumulate will be considered a violation of this article and the local sanitary code.
D. 
All recycling receptacles shall be properly placed and maintained. The areas surrounding the receptacles shall be kept free of spilled recyclable materials and debris.
Any person who violates or neglects to comply with this article or any regulations promulgated pursuant thereto shall, upon conviction thereof, be punishable by a fine of not less than $25 and not to exceed $1,000; except that the maximum fine for failure to comply with §§ 246-7, 246-8 and 246-9 shall not exceed $50 for an initial violation. Each and every day that the violation continues shall be considered a separate offense.
The owner of any building, lot or land, or part thereof, where anything in violation of this article shall exist or occur, or any contractor, agent, person or corporation who assists in the commission of any such violation, shall each be guilty of a separate violation of this article, and, upon conviction thereof, shall each be liable to the penalties set forth in § 246-4 above.