[HISTORY: Adopted by the Township Council
of the Township of Burlington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-14-1970; amended 4-13-1971; 1-22-1974; 3-12-1975; 8-14-1990; 5-28-1991; 10-22-2002; 10-28-2003 (Sec. 17:2
of the 1975 General Ordinances)]
As used in this article, the following terms
shall have the meanings indicated:
- ASHES
- The cold residue from combustion of any type of solid fuel, such as wood, coal, coke, charcoal, paper and/or any similar substance.
- BRUSH
- All brush and limbs up to 12 inches in diameter shall be
cut in four-foot lengths and neatly stacked for removal by the Public
Works Department as a special pickup operation. Said piles may not
be placed at the curb any sooner than five days prior to the scheduled
weeks for collection. Logs and limbs larger than 12 inches in diameter
and stumps will not be removed by the Public Works Department, but
are the responsibility of the property owner. If a resident contracts
a commercial service to trim or remove trees, it will be the responsibility
of the commercial services for removal and disposal of the trees,
limbs and branches.[Added 9-22-2015 by Ord. No. 15-OR-026]
- GARBAGE
- Any waste material in the process of or subject to decomposition or decay incident to ordinary domestic or business use or purpose and shall include among other things kitchen refuse, animal or vegetable matter, decaying and decomposing substances.
- GARDEN REFUSE
- Includes small tree branches, hedge, bush and vine trimmings,
stalks of vegetables and plants, weeds and similar substances and/or
materials found in residential yards, but shall not mean leaves in
bulk, tree trunks or portions thereof or large tree branches.[Amended 9-22-2015 by Ord. No. 15-OR-026]
- LANDFILL
- The controlled process of depositing refuse in trenches dug specifically for that purpose or in low areas specifically used for this purpose, compacted thoroughly in layers in a volume less than the volume of the original refuse with all exposed surfaces completely covered at the end of each day's operation with a quantity of dirt.
- OCCUPANT
- The owner, agent, tenant, lessee, caretaker or any other person in charge of any premises affected by this article, whichever classification may be appropriate and effective for its enforcement.
- PERSON
- Includes any individual, partnership, corporation, firm, aggregation or association of persons.
- SUFFICIENT
- Enough receptacles for each premises to eliminate the need for baskets, cartons, paper bags, etc.
- SUITABLE
- A receptacle, as herein defined, having a closely fitted cover or lid, so constructed as to prevent spillage or leakage of its contents. Such receptacles shall have adequate handles and shall be kept in a clean condition.
- TRASH and RUBBISH
- All miscellaneous materials such as rags, leather goods, rubber, tin cans, broken glass, crockery, and/or similar materials or substances, but shall not include items which are contained in the Recycling Ordinance (Article II of this chapter), such as newspapers, bottles and aluminum along with logs, sand, bricks, mortar or other substances which may accumulate from building operations.
- YARD WASTE
- Includes leaves and garden refuse.[Added 9-8-2020 by Ord. No. 2020-OR-020]
The Division of Sanitation of the Department
of Public Works within the Township of Burlington shall be the enforcement
official charged with the responsibility of enforcing the provisions
of this article.
No ashes, trash, rubbish, garden refuse and
garbage shall be collected or disposed of except in accordance with
the provisions of this article.
[Amended 9-23-2008 by Ord. No. 08-OR-025; 7-23-2013 by Ord. No. 2013-OR-0123]
A.
Township
function. Within the limitations hereinafter established, the collection
and disposal of ashes, trash, rubbish, garden refuse and garbage within
the jurisdiction of the Township of Burlington is hereby declared
the municipal function of the governing body of the Township of Burlington.
From the date of passage and publication of this article, in accordance
with law, the Township of Burlington assumes responsibility for the
collection and disposition of ashes, trash, rubbish, garden refuse
and garbage.
B.
Division
of Sanitation. The collection, removal and disposal of ashes, trash,
rubbish, garden refuse and garbage within the jurisdiction of the
Township of Burlington shall be coordinated by the Department of Public
Works, Division of Sanitation, of the Township of Burlington in accordance
with provisions of this article and any supplemental rules and regulations,
provisions of state law, State Department of Health and Senior Services
rules and regulations, and the ordinances of the Township Council
of the Township of Burlington. The Division of Sanitation shall operate
under the general supervision of the Mayor and Council of the Township
of Burlington.
C.
Other contracts.
Any person not serviced by the Division of Sanitation due to the character,
quantity or type of material sought to be collected may enter into
contracts with appropriate contractors licensed by the State of New
Jersey to perform this service. Unless otherwise provided by the provisions
of this article or any rule or regulation promulgated pursuant to
this article, said contract or said contracting party shall not be
subject to the provisions of this article.
[Amended 10-26-2004 by Ord. No. 04-OR-024; 4-26-2005 by Ord. No.
05-OR-011; 10-11-2005 by Ord. No. 05-OR-029; 10-25-2005 by Ord. No.
05-OR-034; 8-8-2006 by Ord. No. 06-OR-026; 4-10-2007 by Ord. No.
07-OR-009; 5-8-2007 by Ord. No. 07-OR-010; 4-22-2008 by Ord. No.
08-OR-007; 9-23-2008 by Ord. No. 08-OR-025; 12-23-2008 by Ord. No. 08-OR-034; 3-27-2012 by Ord. No. 12-OR-005; 4-24-2012 by Ord. No. 12-OR-007; 7-23-2013 by Ord. No. 2013-OR-0123]
A.
In general.
All materials and substances to be collected shall be sorted and held
in receptacles as defined herein. Any ashes, trash, rubbish, garden
refuse and/or garbage of such a nature or size that it cannot be placed
in a receptacle shall be properly and securely tied into bundles or
packages to prevent spilling or scattering. Such bundles or packages
shall be of a size to permit ease of handling by one man and shall
not in any case weigh more than 60 pounds when full and shall not
exceed three feet in length. All ashes shall be cool to the touch
and capable of being handled. Residents having household items of
a larger or heavier nature than permitted under this article may notify
the Division of Sanitation. The Division of Sanitation shall instruct
the resident as to whether or not special arrangements can be made
for the disposal of the item and the necessary steps to be taken by
the resident in this regard. The decision on whether or not said items
are collectible shall rest upon the ability of the Division of Sanitation
to properly collect and dispose of said items without unduly taxing
the capacity of this Division. Users desiring collections greater
than those allowed by the provisions of this article by either amount
or number, but within the capacity of the Division to handle, may
be required by the Division of Sanitation as a condition to collection
to provide special containers in accordance with standards to be promulgated
by the Division.
B.
Containers
regulated.
(1)
Receptacles
required. The owner, agent, lessee, tenant and/or occupant of every
dwelling and other premises shall provide and keep on such premises
sufficient and suitable receptacles for the receiving and holding
of the substances and/or materials referred to herein.
(2)
Materials. All receptacles shall be of metal or plastic sufficiently
strong for collection purposes and have the capacity of no more than
45 gallons and weigh no more than 60 pounds filled. They shall be
watertight and shall have a close-fitting metal or plastic cover.
[Amended 9-22-2015 by Ord. No. 15-OR-026]
(3)
Cover.
Filled receptacles shall be kept covered awaiting collection.
(5)
Sanitary
condition. The occupant shall keep all receptacles clean and in proper
condition for safe handling.
(6)
Removal.
After the receptacles are emptied by the Division of Sanitation, they
shall be returned to the point from which they are taken by said personnel
and removed by the owner.
(7)
Plastic
bags. Plastic trash bags may be substituted for metal/plastic containers
only when using them for normal household trash. These bags must be
securely tied and of sufficient strength to allow being picked up
without tearing or breaking.
(8)
Garbage;
handling. No garbage shall be placed for collection in paper bags,
boxes or corrugated receptacles; all garbage shall be thoroughly and
completely drained of all liquids, wrapped securely in paper and placed
in suitable receptacles.
(9)
Paper.
Paper shall be securely and properly tied in bundles or other packages
in a manner to prevent any scattering while waiting or during collection.
The bundles or packages shall be of a size and weight to permit being
placed in a receptacle as herein defined. All pasteboard and corrugated
boxes and papers shall be collapsed and securely tied.
(10)
Leaf
collection. Bagged leaves will not be collected if placed in biodegradable
paper bags. No plastic bags containing leaves will be collected.
(11)
Nonconforming
receptacles. Receptacles that are badly broken or otherwise fail to
meet the requirements may be treated as rubbish and collected and
disposed of as such by the Division of Sanitation responsible for
the collection thereof. In lieu thereof, the Division of Sanitation
may affix a notice to containers which do not qualify under the requirements
of this article, indicating that the containers do not qualify and
that further use of said containers may result in confiscation of
the containers, refusal to make the collection as specified in this
article and/or fines. If, at the next regularly scheduled collection
date, said containers still do not conform to the requirements of
this article, the Division of Sanitation may:
C.
Collection
rules.
(2)
Placement
regulated. Receptacles shall not be set out for collection except
during the hours of the day or days scheduled for collection thereof
or during the hours of the evening before such day or days.
(3)
Location
and condition of receptacles. Receptacles shall be conveniently located
on the premises for the storage of substances and/or materials referred
to in this article and shall be maintained in such a manner as to
prevent the creation of a nuisance or menace to health.
(4)
Maximum
number. The maximum number of receptacles, bags, parcels, bundles
or any combination of the above that may be collected from any one
dwelling unit on any one collection day shall be six.
(5)
Specified
hours of collection. Collections shall be made commencing no earlier
than 7:00 a.m., Monday through Friday, prevailing time, and no later
than 6:00 p.m. In the event of an unusual delay, emergency breakdown
or holiday, Saturday collection may be made commencing no earlier
than 8:00 a.m. and no later than 5:00 p.m. or dusk, whichever comes
first. Burlington Township may authorize, in any case, an earlier
commencement hour or later completion hour, for a limited number of
days. No collection shall be made on Sundays.
D.
Acts prohibited.
It shall be unlawful for any person to:
(1)
Receptacles
prescribed. Place or store any of the substances and/or materials
referred to in this article in any paper bags, parcel, wooden keg
or barrel, basket, drum or any type of container whatsoever other
than the type of receptacle herein specified.
(2)
Material
handling. Collect, pick up, rake up, or in any other way disturb substances
and/or materials referred to in this article and deposited in receptacles
or otherwise laid or placed on any curb, street or public street for
collection, except as may be otherwise provided by the provisions
of this article.
E.
Noncollectible
items. The following refuse shall be considered not acceptable for
collection by the Division of Sanitation at curbside pickup:
(1)
Industrial
material. Industrial waste materials or substances such as poisons,
acids, caustics, noxious chemicals, infested materials, explosives
and ammunition, or any other materials likely to cause injury to persons
employed or damage to equipment used in making collections.
(2)
Commercial
material. Commercial waste material or substances in such a volume
that they require special collection devices, such as a Dempsey dumpster
or other like or similar device, which require the Township to go
upon the land of private citizens within the Township to effect collection.
(3)
Quantities.
Quantities of materials in an amount greater than that permitted by
this article resulting from the demolition, repair, excavation or
construction of buildings, structures, or such earth, plaster, mortar,
lumber or roofing materials.
(4)
Loose
piles. Loose piles of vegetation or tree branches, unless properly
prepared for collection. Said loose piles of leaves can be placed
to the curb no sooner than one week prior to the scheduled collection
date, unless contained in a temporary corral-type enclosure readily
accessible to leaf collecting apparatus. Said loose piles shall not
be placed closer than 10 feet from any storm drain inlet.
(5)
Nonprepared
items. Materials which have not been prepared for collection in accordance
with the standards set forth in this article.
(6)
Prohibited
by state regulations. Materials which cannot be disposed of in accordance
with the standards and regulations prescribed by the Department of
Health and Senior Services and the State of New Jersey for disposal
of waste materials in the sanitary landfill method.
F.
Truck access
for noncollectible items.
[Amended 8-26-2014 by Ord. No. 14-OR-018]
(1)
To facilitate the removal of items that have been deemed noncollectible
by the Division of Sanitation, the Department of Public Works and
Utilities is hereby authorized to provide access to a truck or roll-off
container to residents and property owners of the Township. The following
fees are applicable:
(2)
Any additional tipping fee charged by the entity where the material
is disposed will be billed upon invoice receipt and will be the responsibility
of the renter.
(3)
Truck and roll-off container access will not be approved for industrial,
hazardous or commercial waste requiring special collection devices
and/or disposal. Truck and container rentals will not be approved
for commercial properties.
(4)
Trucks and roll-off containers used by residents for the disposal
of tree limbs, leaves, grass and weeds will not be assessed a rental
fee.
G.
Stormwater
management provisions. 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 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 article. 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 article.
[Added 9-8-2020 by Ord. No. 2020-OR-020]
A.
Designation. Except as provided in this section, no
person may maintain, own, operate or control within the Township of
Burlington a sanitary landfill dump or depository for trash debris
or garbage or other such like or similar materials. Said land set
forth below is designated as a compost area for the Township of Burlington,
County of Burlington, and State of New Jersey. Those lands are designated
as:
|
Block 38, Lots 1 and 2, 5 through 20 and 21
through 25
| |
|
Block 46, Lots 8 through 26
| |
|
Block 49, Lots 1 through 5 and 12 through 29
| |
|
Block 57, Lots 1 through 15
| |
|
Block 64, Lots 13 through 32
| |
|
Block 65, Lots 1 through 32
| |
|
Block 72, Lots 1 and 4 through 37
| |
|
Block 73, Lots 1 through 17
| |
|
Block 80, Lots 1 through 20
| |
|
Block 81, Lots 1 through 13
| |
|
Block 82, Lots 1 through 9
|
B.
Entrance and use regulations.
(1)
Use of an entrance upon the lands designated in Subsection A above is limited and restricted to the enforcement authority under the provisions of this article, and such other individuals who are authorized by the Township Council by resolution or this article to make use of the compost site shall be subject to reasonable rules and regulations established by the New Jersey Department of Environmental Protection. It shall be unlawful and is a violation of this article for any other person or persons to use or enter upon the above-described lands except in conformity with the provisions of this section.
(2)
No individual, firm, corporation or person other than
an authorized employee or representative of the Township of Burlington
shall have or make use of the compost site authorized and owned by
the Township of Burlington.
(3)
Use of the lands designated in Subsection A above is restricted and limited to Burlington Township residents only. It shall be unlawful and is a violation of this article for any other person or persons to use or enter upon the above-described lands except in conformity with the provisions of this section. Nonresidents and commercial establishments are not permitted use of the on-site dumpsters.
C.
Hours regulated. The Township Council of the Township of Burlington may by resolution specify the hours when the compost site referred to in Subsection A above may be used by the inhabitants of the Township of Burlington. The Township Council by resolution may restrict, limit and otherwise regulate such usage in order to prevent overtaxation of the compost facilities maintained by the Township of Burlington.
D.
Additional usage controlled. Any person or persons desiring to deposit garden refuse, for example, tree limbs or leaves, or metal items, for example, oven, dishwasher or refrigerator, in the compost facility specified in Subsection A above, but who are not included in Subsection C above, must first receive authorization from the Department of Public Works and Utilities to gain access to the facility.
E.
Rules and regulations.
(1)
State rules. The compost facility of the Township
of Burlington shall be operated in accordance with rules and regulations
promulgated by the Department of Environmental Protection concerning
the operation of compost facilities.
(2)
Deposit areas regulated. No person or persons or legal
entity shall deposit any rubbish, trash or any other prohibited material
in any place within the compost facility. No person or persons or
legal entity shall deposit any permitted material in any place in
the compost facility except those areas marked for such material and
as directed by the person in charge at the time.
(3)
Gates closed except when specified. The gates of the
compost facility area shall be kept in a closed and locked position
except during those hours so designated by the Township Council by
resolution for the area to be opened for use by authorized person
or persons or legal entities. During the hours which the compost facility
areas shall be opened, it shall be supervised by personnel authorized
by the Township Council of the Township of Burlington.
Township Council may by resolution establish
additional rules and regulations covering the collection and disposal
of ashes, trash, refuse, garden refuse and garbage. Said rules and
regulations upon promulgation shall be posted on the bulletin board
maintained by the Township of Burlington and published in a newspaper
acceptable for general legal advertisement by the Township of Burlington.
The Township Council shall have specific authority to amend the provisions
of Schedule 1[1] attached hereto and made a part hereof by resolution to
increase, decrease or change the number of collections per week and
the days of collection in any zone.
[1]
Editor's Note: Schedule 1 is on file in the
Township offices.
[Adopted 7-13-2010 by Ord. No. 10-OR-016[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Recycling, adopted 10-11-2005 by Ord. No. 05-OR-032 (Sec. 17:9
of the 1975 General Ordinances).
The Township of Burlington 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 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,
reduced water and air pollution as well as reduce the demand on raw
material extraction.
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.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.1 et seq.
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.
- BURLINGTON COUNTY REGIONAL PROGRAM
- 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 No. 1 and No. 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[1] 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 under a master deed provides 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 Electronic Waste Management Act, P.L 2008, c. 130 et seq.,[2] 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(s) 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 No. 1 and No. 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 ink-jet printers.
- INSTITUTIONAL ESTABLISHMENT
- Any entity, either public or private, either for profit or nonprofit, which 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 fall from trees and are 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 Burlington 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 fifty-percent 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 of 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 materials (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 boxcars) 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 seq. and N.J.S.A. 48:13A-1, et seq.
- 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 and 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-yourselfer used oil generators.
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.
A.
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.
B.
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 1 and 2), steel (tin) cans and other
recyclable materials as may be designated from time to time by the
DSW.
C.
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.
D.
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.
E.
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 § 512-14 of this article and on the date specified for collection.
F.
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.
Determinations for this exemption shall be at the discretion of this
municipality.
All recyclables placed for collection pursuant to the curbside program established within § 512-3 of this article shall be source-separated and prepared for collection in accordance with the following conditions:
A.
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.
(1)
Cardboard and paper shall not be set out for recycling collection
in plastic bags, recycling buckets or box-like containers.
(2)
Carts.
(a)
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.
(b)
Carts shall be placed at the curb with the lid opening facing
the street.
(c)
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.
(d)
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.
B.
Glass containers, aluminum cans, steel cans and plastic bottles.
(1)
Remove all caps and lids and dispose of as solid waste.
(2)
Glass containers, aluminum cans, steel cans and plastic bottles shall
be rinsed free of contaminants.
(3)
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.
C.
Municipally provided recycling carts/containers may not be used for
any other purpose whatsoever.
E.
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.
F.
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.
G.
The developer of a residential unit which is required to participate
in the curbside recycling program shall pay to the Township at the
time of the issuance of the certificate of occupancy the cost incurred
by the Township for the recycling cart/container or agree to reimburse
the Township for any expenditure made by it for the recycling cart/container.
[Added 2-12-2019 by Ord.
No. 2019-OR-007]
A.
There is hereby established a municipal depot program for the convenience
of the residents. Source-separated recyclables listed below may be
brought to 902 Lake Avenue during the times and days advertised.
B.
The following source-separated recyclables will be accepted at the
municipal recycling depot:
(1)
Aluminum cans.
(2)
Antifreeze.
(3)
Consumer electronics.
(4)
Fluorescent lights.
(5)
Glass containers.
(6)
Lead-acid batteries.
(7)
Leaves.
(8)
Metal appliances.
(9)
Paper.
(10)
Plastic bottles (coded 1 and 2).
(11)
Rechargeable batteries.
(12)
Steel (tin) cans.
(13)
Textiles.
(14)
Tires.
(15)
Used motor oil.
(16)
Ink-jet cartridges.
(17)
Toner cartridges.
(18)
Other recyclable materials as designated by the municipality.
A.
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 § 330-113B of the Land Development ordinances of the Township of Burlington 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.
C.
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 are required
to be recycled, the location of all recycling containers and the requirements
of recyclable material preparation.
D.
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.
All persons generating municipal solid waste within this municipality
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.
A.
Designated recyclable materials for the mandatory commercial and
institutional source-separation program shall consist of the following
materials:
(1)
Aluminum cans.
(2)
Antifreeze.
(3)
Consumer electronics.
(4)
Corrugated cardboard.
(5)
Fluorescent lights.
(6)
Glass containers.
(7)
Lead-acid batteries.
(8)
Leaves.
(9)
Metal appliances.
(10)
Paper.
(11)
Plastic bottles (coded 1 and 2).
(12)
Rechargeable batteries.
(13)
Steel (tin) cans.
(14)
Textiles.
(15)
Tires.
(16)
Used motor oil.
(17)
Ink-jet cartridges.
(18)
Toner cartridges.
(19)
Other recyclable materials as designated by the municipality.
B.
The owner or manager of each and every commercial and institutional source shall be required to report recycling tonnages as described in § 512-18.
C.
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:
A.
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.
B.
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.
C.
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.
D.
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.
A.
It shall be unlawful for any person:
(1)
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;
(2)
To violate, cause, or assist in the violation of any provision of
this article or any provision of the County Plan concerning recycling;
(3)
To place or to cause to be placed any material other than a designated
recyclable in or near a recycling depot.
(4)
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)
To offer to collect or knowingly collect designated recyclable materials
in any manner except as source-separated recyclable materials as defined
herein.
(6)
Required to provide a report as required under this article to fail
to do so.
B.
All unlawful conduct set forth in this section shall constitute a
public nuisance.
A.
Any person collecting solid waste generated within this municipality
shall refuse to collect solid waste from any person who has failed
to source separate recyclables designated under any applicable section
of this article.
B.
Any person collecting solid waste generated within this municipality
shall refuse to collect solid waste from any person who has placed
solid waste into a municipally issued recycling container.
A.
Notwithstanding anything herein to the contrary, any resident of
the municipality 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 this municipality for such collection.
B.
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.
A.
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.
B.
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.
A.
Enforcement of this article shall be the responsibility of the Municipal
Coordinator or designee who will enforce.
B.
In addition to Burlington Township, the Burlington County Health
Department and the DSW are hereby appointed as Enforcement Officer(s)
for enforcement of all recycling requirements of this article.
C.
Enforcement of this article shall be commenced in the Superior Court
or in the municipal court of the municipality, and penalty or fine
shall be collected with costs in a summary civil proceeding.
D.
Any penalties or fines collected in an enforcement action shall be
paid to the municipality when the municipality brings such action.
E.
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.
A.
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:
(1)
For misuse of recycling containers/carts for trash, theft of containers:
a fine of not less than $65 and not more than $100.
(2)
For a residential recycling violation: a fine of not less than $25
and not more than $1,000.
(3)
For scavenging: a fine of not less than $50 and not more than $1,000.
(4)
For a commercial or institutional violation: a fine of not less than
$500 and not more than $1,000.
(5)
For any person who offers to collect recyclable materials in any
manner except as prescribed within this article: a fine of not less
than $1,000 and not more than $4,500.
(6)
For any solid waste or recycling service provider who fails to report
as required within this article: a fine of not less than $500 and
not more than $1,000.
(7)
For any 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 who fails to report as required within
this article: a fine of not less than $500 and not more than $1,000.
B.
Each continuing day of violation of this article shall constitute
a separate offense.
In addition to any other remedy provided in this article, the municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 512-24 hereof. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence, exercise or any remedy shall not prevent the municipality or the county from exercising any other remedy provided by this article or otherwise provided by law or equity.
The terms and provisions of this article are to be liberally
construed, so as best to achieve and to effectuate the goals and purposes
hereof. This article shall be construed in pari materi with the SWMA
and the County Plan.
