[Adopted 9-8-1987 by Ord. No. 87-18 (Ch. 122 of the 1977 Code); amended in its entirety 2-11-2020 by Ord. No. 2020-03]
The purpose of this article is to effectuate an orderly and
successful system for recycling collection in the Township of Hillsborough.
As used in this article, the following terms shall have the
meanings indicated:
Those materials designated within the Somerset County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include:
Newspapers - includes inserts, glossy coupons, food and store
ads. Excluded are newspapers that have been soiled.
Glass bottles and jars - includes all color glass, reasonably
clean of foreign matter.
All plastic bottles and containers (#1 - #7) - includes all
clean water, soda, milk, juice, detergent, bleach, shampoo, peanut
butter, yogurt and clear plastic clamshell containers. Excluded are
plastic bottle caps.
Steel cans.
Bimetal cans.
Aluminum cans.
Paper and junk mail - includes magazines, writing paper, envelopes,
paperback books, hardcover books with covers removed, catalogs, store
fliers, shredded paper (must be in clear plastic bag).
Corrugated cardboard, chipboard, and pizza boxes - includes
brown bags, paper towel rolls, chipboard boxes including cereal, tissue,
cookie, pasta, cake, cracker, detergent, shoe, shirt, and retail boxes.
Excluded are pizza boxes containing oil or food residue.
Any building or structure, or complex of buildings in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease for residential purposes (see N.J.S.A.
13:1E-99.13a.) and shall include hotels, motels, or other guest houses
serving transient or seasonal guests as those terms are defined under
Subsection (i) of Section 3 of the "Hotel and Multiple Dwelling Law,"
P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
The person or persons appointed by the Township Committee
and who shall be authorized to, among other things, enforce the provisions
of this article, and any rules and regulations which may be promulgated
hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Township
of Hillsborough.
Those materials which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
A.Â
Mandatory source separation: It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include but not be limited to retail and other
commercial locations, as well as government, schools and other institutional
locations within the Township of Hillsborough, to separate designated
recyclable materials from all solid waste. Designated recyclable materials
shall be deposited separate and apart from other solid waste generated
by the owners, tenants, or occupants of such premises and shall be
placed separately at the curb in a manner and on such days and times
as may be hereinafter established by regulations or guidance promulgated
by the Somerset County Division of Solid Waste Management.
B.Â
Exemptions: Pursuant to N.J.S.A. 13:1E-99.16(d) the Township Committee
may, by resolution, exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of this article which requires persons generating municipal
solid waste within its municipal boundaries to source separate from
the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this chapter, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
a lot and block designation; the name, official title and phone number
of the person making an application on behalf of the commercial or
institutional entity; the name, address, official contact person and
telephone number of the facility which provides the service of recycling
those designated recyclable materials, and a certification that the
designated recyclable materials will be recycled, and that, at least
on an annual basis, said recycling service provider or recycling coordinator
of the total number of tons collected and recycled for each designated
material.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.Â
All receptacles containing recyclable materials shall be placed,
prior to collection, between the curb and the sidewalk, or in the
absence of curb and sidewalk, as near to the street as not to constitute
a danger, where they shall be readily accessible to the collector
without providing obstruction to pedestrians. Receptacles shall be
placed outside after 6:00 p.m. on the day immediately preceding the
day of collection, but no later than 6:00 a.m. on the day of collection.
After collection, any containers shall be removed from the curbside
by no later than 7:00 p.m. of the day of collection.
B.Â
All receptacles or dumpsters shall be maintained clean and in a safe
handling condition.
C.Â
It is prohibited and it will be determined to be a violation hereof
for any generator of solid waste in the Township to put into or cause
to be put into the solid waste collection system of the Township any
leaves.
D.Â
The collection, removal and disposal of recyclables shall be supervised
by the Township or its designated agent, who shall establish the time,
method and routes of service. The County of Somerset is the Township's
designated agent for recycling and the County's rules and regulations
are to be followed regarding the time, days of collection, method
of collection and routes of service. If the Township's designated
agent changes, residents will be notified of the change and of the
new rules and regulations for the time, days of collection, method
of collection and routes of service.
The owner of any property shall be responsible for compliance
with article. For multifamily dwellings, the management or owner is
responsible for setting up and maintaining the recycling system, including
collection of recyclable materials, in those instances where the violator
is not easily identifiable. The management shall issue notification
and collection rules to new tenants when they arrive and every six
months during their occupancy.
A.Â
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of the article.
B.Â
The arrangement for collection of designated recyclable materials
hereunder shall be the responsibility of the commercial, institutional
or industrial property owner or their designee, unless the Township
provides for the collection of designated recyclable materials. All
commercial, institutional or industrial properties which provide outdoors
litter receptacles and disposal service for their contents shall also
provide receptacles for designated recyclable materials, for those
materials commonly deposited, in the location of the litter receptacle,
and shall provide for separate recycling service for their contents.
C.Â
Every business, institution, or industrial facility shall report
on an annual basis to the Recycling Coordinator, on such forms as
may be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
D.Â
All retail food establishments, as defined in the N.J.A.C. 8:24-1.5,
shall, in addition to compliance with all other recycling requirements,
be required to recycle grease and/or cooking oil created in the processing
of food or food products, and maintain such records as may be prescribed,
for inspection by any code enforcement officer.
A.Â
Any application to the Planning Board or the Zoning Board of Adjustment
of the Township of Hillsborough, for subdivision or site plan approval
for the construction of multifamily dwellings of three or more units,
single-family developments of 50 or more units or any commercial,
institutional, or industrial development for the utilization of 1,000
square feet or more of land, must include a recycling plan. This plan
must contain, at a minimum, the following:
(1)Â
A detailed analysis of the expected composition and amounts of solid
waste and recyclable material generated at the proposed development;
and
(2)Â
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes as may be determined by the
Municipal Recycling Coordinator.
B.Â
Prior to the issuance of a certificate of occupancy by the Township
of Hillsborough, the owner of any new multifamily housing or commercial,
institutional, or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the Township or County of Somerset does not otherwise provide
this service.
C.Â
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the municipal engineer.
A.Â
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or 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 which
visibly display a warning notice sticker or some other device indicating
that the load of solid waste contains designated recyclable materials.
B.Â
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this article.
C.Â
Once placed in the location identified by this article, or any rules
or regulations promulgated pursuant to this article, no person, other
than those authorized by the Township, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
The Recycling Coordinator is empowered to enforce the provisions
of this article. An inspection may consist of sorting through containers
and opening of solid waste bags to detect, by sound or sight, the
presence of any recyclable material.
A.Â
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this article or any rules and regulations
promulgated hereunder shall, upon conviction thereof, be punishable
by a fine not less than $250, nor more than $1,000. Each day for which
a violation of this article occurs shall be considered a separate
offense.
B.Â
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into the Municipal Recycling Trust
Fund. Monies in the Municipal Recycling Trust Fund shall be used for
the expenses of the municipal recycling program.
