[HISTORY: Adopted by the Township Committee of the Township
of Chesterfield 7-22-2010 by Ord. No. 2010-10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 156,
Recycling, comprised of Art. I, General Provisions, adopted 5-26-1988
by Ord. No. 1988-4, amended in its entirety 5-12-2005 by Ord. No.
2005-4, and subsequently amended; and Art. II, Unauthorized Deposits,
adopted 4-25-1996 by Ord. No. 1996-4.
[Amended 12-8-2016 by Ord. No. 2016-15; 6-24-2021 by Ord. No. 2021-7]
The Township of Chesterfield 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
New Jersey Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and
of the County Plan. The recycling of certain materials by the residential,
commercial and institutional establishments in the Township of Chesterfield
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.
While the Township recognizes the importance of recycling, the Township
does not have the capacity to accept all designated recyclable materials
nor will the Township handle, process, collect, or transfer recyclable
materials from nonresidents or any commercial, industrial or nonprofit
entity.
This chapter is adopted pursuant to P.L. 1987, c. 102 (effective
April 20, 1987), and codified at N.J.S.A. 13:1E-1 et seq., as well
as under the municipal authority granted pursuant to N.J.S.A. 40:48-2,
40:66-1 and 40:49-2.1, and any amendments adopted thereto.
As used in this chapter, the following definitions shall apply:
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.,
as amended and supplemented.
Empty food and beverage containers comprised of aluminum.
Excluded from this definition are aluminum aerosol cans, aluminum
foil and trays.
Liquid used in a cooling system that is mixed with water
and prevents the water from freezing. The solution serves as the engine
coolant.
All natural material, with the exception of bagged leaves,
derived from trees and bushes no greater than six inches in diameter
or 10 feet in length. For the purposes of the chapter, brush does
not include any natural material that still contains soil-laden root
mass.
[Added 12-8-2016 by Ord.
No. 2016-15; amended 6-24-2021 by Ord. No. 2021-7]
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.
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.
Source-separated, nonputrescible metal, glass and plastic
bottles coded #1 and #2; and paper and corrugated and other cardboard.
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.
Source-separated compostable or anaerobically digestible
material such as source-separated food waste, biodegradable plastic
and yard trimmings.
Used oil, antifreeze, latex paints, thermostats, fluorescent
lamps (light bulbs), oil-based finishes, batteries, mercury-containing
devices and consumer electronics.
All commercial and industrial activities that operate for
profit and are involved in retail or manufacture of goods and services
provided for sale.
A combining of source-separated recyclable materials for
the purpose of recycling.
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.
A group of units, arranged horizontally or vertically, where
the form of ownership of real property 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.
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 televisions that
use tube technology, flat-screen televisions with displays using LCD,
plasma or LED technology, VCRs, CD players, DVD players, and cellular
phones.
[Amended 6-24-2021 by Ord. No. 2021-7]
Solid waste, food waste, or other material which adheres
to, or which is otherwise contained on or in, source-separated recyclable
materials.
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.
The Burlington County Board Commissioners, and its successors
and assigns, acting through the Burlington County Division of Solid
Waste Management.
[Amended 6-24-2021 by Ord. No. 2021-7]
Those designated recyclables that are placed for collection
within the parameters of the curbside collection program as outlined
herein.
A container(s) provided by the municipality or persons for
the temporary storage of recyclable materials within the residential
unit(s).
Less than 1% by volume.
shall mean the New Jersey Department of Environmental Protection.
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 #1 and #2), rechargeable batteries, steel (tin)
cans, textiles, tires and used motor oil.
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.
The Burlington County Department of Solid Waste, its successors
and assigns.
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.
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.
Any person(s) who causes solid waste to be produced for any
purpose whatsoever.
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.
A replaceable unit that holds ink and the print nozzles for
inkjet printers.
Any entity, either public or private, either for profit or
nonprofit, who operates for educational, charitable, religious, fraternal
or other public purpose.
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.
Vegetative material, typically generated in the autumn, which
falls from trees and is collected for removal from a property.
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.
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.
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 § 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.
The Township of Chesterfield located within the County of
Burlington, State of New Jersey.
A site owned and operated by a municipality for the receipt
and temporary storage of certain designated Class A recyclable materials
delivered by residents of the municipality, for a period not exceeding
two months, prior to their transport to a recycling center or end
market.
[Amended 6-24-2021 by Ord. No. 2021-7]
Residential, commercial and institutional solid waste generated
within a community.
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.
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 paper or soiled paper.
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.
All bottles that are labeled as made from polyethylene terapthalate
(PET) and coded as #1, and high-density polyethylene terapthalate
(HDPE) and coded as #2. Specifically excluded are bottles that formerly
contained hazardous materials, including but not limited to paint,
solvents, motor oil and pesticides and herbicides.
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 by-products.
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 § 1 of P.L. 1993, c. 258 (N.J.S.A. 45:22A-49),
shall be considered to be a qualified private community.
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).
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.
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.
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).
Any person residing within the municipality on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
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.
Garbage, refuse and other discarded materials, as defined
in N.J.S.A. 13:1E-1 et seq. and 48:13A-1 et seq.
Recyclable materials separated from the solid waste stream
at the point of generation.
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 the Department of Solid Waste.
The New Jersey Solid Waste Management Act,[1] as amended.
A standalone 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.
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.
Rubber wheels used on motorized transport or equipment whether
bias-ply, cross-ply or radial.
An exhausted replaceable cartridge containing toner powder
and sometimes the photosensitive drum on which a laser printer generates
the image to be printed.
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, theaters, hotels and warehouses, and institutional waste
material originating in schools, hospitals, research institutions
and public buildings.
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.
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.
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.
[1]
See N.J.S.A. 13:1E-1 et seq.
Notwithstanding the limitations to the Burlington County Regional
Program (BCRP) or the Municipal Recycling Depot as outlined within
this chapter, every person is required to source separate and recycle
each of the designated recyclable materials outlined within this chapter.
A.Â
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.Â
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.Â
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.Â
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.Â
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 § 156-6 of this chapter and on the date specified for collection.
F.Â
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 § 156-5 of this chapter shall be source separated and prepared for collection in accordance with the following conditions:
A.Â
Cardboard and paper shall be placed in paper bags or tied in bundles
not exceeding 35 pounds in weight nor exceeding one (1) foot in thickness.
(1)Â
Cardboard and paper shall not be set out for recycling collection
in plastic bags, recycling buckets or box-like containers.
(2)Â
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)Â
Boxes shall be flattened as to fit into the cart.
(b)Â
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)Â
Carts shall be placed at the curb with the lid opening facing
the street.
(d)Â
Carts shall be placed in such a manner so as to leave at least
two (2) feet of clear space around each side of the cart.
(e)Â
Carts shall be placed in such a manner so as to avoid interference
from overhead obstructions.
(f)Â
Carts shall be maintained in a neat and sanitary condition so
as to deter vermin and odors.
(g)Â
Carts are the property of the municipality and may not be used
for any other purpose or to contain any other material.
B.Â
Glass containers, aluminum cans, steel cans and plastic bottles:
(1)Â
Remove all caps and lids and dispose of as solid waste.
(2)Â
Glass containers, aluminum cans, steel cans and plastic bottles shall
be rinsed free of contaminants.
(3)Â
Glass containers, aluminum cans, steel cans and plastic bottles shall
be placed in a recycling container provided by the municipality.
(4)Â
Plastic and/or paper garbage bags shall not be utilized as containers
for glass containers, aluminum cans, steel cans and plastic bottles.
C.Â
Municipally provided recycling carts/containers may not be used for
any other purpose whatsoever.
D.Â
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.
E.Â
Removal
or exchange of recycling carts or containers provided by the municipality
or by the county by any person is prohibited.
[Added 6-24-2021 by Ord. No. 2021-7]
[Added 9-8-2016 by Ord.
No. 2016-11; amended 6-24-2021 by Ord. No. 2021-7]
A.Â
There is hereby established a Municipal Recycling Depot for the convenience
of residents only. All persons wishing to use the Municipal Recycling
Depot shall be required by the Township to produce identification
with proof of residency. Failure to provide proof of residency when
using the Municipal Recycling Depot shall serve as prima facie evidence
of violation of this chapter.
B.Â
No commercial, industrial or nonprofit users are permitted to use
the Municipal Recycling Depot. No commercially registered equipment,
vehicles or vehicle-drawn devices/trailers are permitted to use the
Municipal Recycling Depot. Dump trucks, dumping trailers, and trailers
greater than 12 feet in length are prohibited from using the Municipal
Recycling Depot. Any resident who does not have benefit of a noncommercially
registered vehicle shall first obtain written approval from the Township
Clerk before attempting to use or access the Municipal Recycling Depot.
Such written approval shall be issued on a per-occasion basis and
shall not be continued beyond the single occasion such approval was
issued.
C.Â
Source-separated recyclables listed below may be brought to the Municipal
Recycling Depot only during the times and days the facility is open
to the public as established by the municipality.
(1)Â
Aluminum cans.
(2)Â
Corrugated cardboard.
(3)Â
Glass containers.
(4)Â
Paper.
(5)Â
Plastic bottles (coded 1 and 2).
(6)Â
Steel (tin) cans.
(7)Â
Consumer electronic devices.
(8)Â
Textiles.
(9)Â
Non-bagged leaves.
(10)Â
Lead acid batteries.
(11)Â
Brush, wood waste and tree parts not exceeding six inches in
diameter or 10 feet in length.
(12)Â
Plastic bags and plastic film.
(13)Â
Other recyclable materials as may be designated by the municipality.
D.Â
Hours of operation. The hours of operation of the Municipal Recycling
Depot shall be established by resolution of the Township Committee
following the adoption of this chapter and as often as may be necessary
to adequately accommodate the recycling needs of the residents of
the municipality while maintaining a safe, secure, and user-friendly
facility which requires servicing and maintenance by the staff of
the Township Public Works Department. The days and times of operation
for the Municipal Recycling Depot are subject to weather conditions
and seasonal influences affecting the types and quantities of materials
brought for recycling. Due to the ever-changing demand placed on the
facility, the Township of Chesterfield reserves the right to periodically
adjust the hours of operation for the facility. Information of such
adjustment to hours and days of operation shall be provided to the
residents of the municipality by various means typically used to communicate
with citizenry. Notification mechanisms may include, but are not limited
or expressly identified as, the official Township website, notices
posted on the official bulletin board of the municipality located
inside the Municipal Building at 295 Bordentown-Chesterfield Road,
notices published in an official Township newspaper as designated
annually by Township Committee resolution during the reorganization
meeting of the Township Committee, by placing signage or temporary
amendments to signs posted at the entrance to the Municipal Recycling
Depot, or by using then-available social media platforms that may
from time to time become widely used by and for residents and the
Township of Chesterfield.
A.Â
It shall be the responsibility of the owner or manager of every multifamily development, qualified private community or mobile home park to construct and maintain, in a neat and sanitary condition, recycling storage location(s) and recycling containers on his or her property in accordance with § 130-88.3 of the Land Development Ordinance 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.
B.Â
Designated source-separated recyclables: aluminum cans; corrugated
cardboard; glass containers; paper; plastic bottles (Coded 1 and 2)
steel (tin) cans.
C.Â
The owner or manager of each and every multifamily development, qualified
private community or mobile home park 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.Â
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 his or her 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 thirty (30) days of the effective date of this
chapter.
A.Â
Designated Recyclable Materials for the mandatory commercial and
institutional source-separation program shall consist of the following
materials:
|
Aluminum cans
| |
|
Antifreeze
| |
|
Consumer electronics
| |
|
Corrugated cardboard
| |
|
Fluorescent lights
| |
|
Glass containers
| |
|
Lead-acid batteries
| |
|
Leaves
| |
|
Metal appliances
| |
|
Paper
| |
|
Plastic bottles (Coded 1 and 2)
| |
|
Rechargeable batteries
| |
|
Steel (tin) cans
| |
|
Textiles
| |
|
Tires
| |
|
Used motor oil
| |
|
Inkjet cartridge
| |
|
Toner cartridge
|
B.Â
The owner or manager of each and every commercial and institutional source shall be required to report recycling tonnages as described in § 156-10.
C.Â
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,
qualified private communities, 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.Â
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.Â
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 Chesterfield,
the county or state for a period not to exceed five years.
C.Â
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.Â
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.Â
It shall be unlawful for:
(1)Â
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 chapter.
(2)Â
Any person to violate, cause, or assist in the violation of any provision
of this chapter or any provision of the County Plan concerning recycling.
(3)Â
Any person to place or to cause to be placed any material at or near
the Municipal Recycling Depot, which material is not designated for
collection at the Municipal Recycling Depot.
[Amended 6-24-2021 by Ord. No. 2021-7]
(4)Â
Any person to hinder, obstruct, prevent or interfere with Chesterfield,
the county or any other authorized persons in the performance of any
duty under this chapter or in the enforcement of this chapter.
(5)Â
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)Â
Any person required to provide a report as required under this chapter
to fail to do so.
(7)Â
Any nonresident or any commercial, industrial or nonprofit entity
to place or to cause to be placed any material, whether recyclable
or otherwise, at or near the Municipal Recycling Depot.
[Added 12-8-2016 by Ord.
No. 2016-15; amended 6-24-2021 by Ord. No. 2021-7]
(8)Â
Any
person to drop off or place any material in any location not specifically
designated for receipt of such materials, whether they be recyclable
or otherwise.
[Added 6-24-2021 by Ord. No. 2021-7]
B.Â
All unlawful conduct set forth in this section shall constitute a
public nuisance.
A.Â
Any person collecting solid waste generated within Chesterfield shall
refuse to collect solid waste from any person who has failed to source
separate recyclables designated under any applicable section of this
chapter.
B.Â
Any person collecting solid waste generated within Chesterfield shall
refuse to collect solid waste from any person who has placed solid
waste into a municipally issued recycling container.
A.Â
Notwithstanding anything herein to the contrary, any resident of
Chesterfield 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 Chesterfield for such collection.
B.Â
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.Â
Nothing contained in this chapter 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(b) and in force in the
municipality on the effective date of this chapter.
B.Â
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 chapter, unless such renewal
or such contract shall conform to the requirements of this chapter.
A.Â
Enforcement of this chapter shall be the responsibility of the Municipal
Recycling Coordinator, Public Works Director and/or the local Code
Enforcement Official.
B.Â
In addition to the above-named persons, the Burlington County Health
Department and the DSW are hereby appointed as enforcement officer(s)
for enforcement of all recycling requirements of this chapter.
C.Â
Enforcement of this chapter shall be commenced in the Superior Court
or in the municipal court of the municipality, and the penalty or
fine shall be collected with costs in a summary civil proceeding.
D.Â
Any penalties or fines collected in an enforcement action shall be
paid to the municipality when the municipality brings such action.
E.Â
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.
F.Â
Any penalties or fines collected in a joint enforcement action shall
be paid equally to the municipality and county.
A.Â
Any person who violates the provisions of this chapter shall upon
conviction thereof in a proceeding before a court of competent jurisdiction
be subject to the following fines:
(1)Â
Misuse of recycling containers/carts for trash, theft of containers:
a fine of not less than $65 and not more than $100.
(2)Â
Residential recycling violation: a fine of not less than $25 and
not more than $1,000.
(3)Â
Scavenging: A fine of not less than $50 and not more than $1,000.
(4)Â
Commercial or institutional violation: a fine of not less than $500
and not more than $1,000.
(5)Â
For any person who offers to collect recyclable materials in any
manner except as prescribed within this chapter: a fine of not less
than $1,000 and not more than $2,500.
(6)Â
For any solid waste or recycling service provider who fails to report
as required within this chapter: A fine of not less than $100 and
not more than $1,000.
(7)Â
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 chapter: a fine of not less than $100 and not more than $1,000.
(8)Â
For any nonresident person or commercial entity or industrial entity
or nonprofit entity convicted of placing or causing to be placed any
material, whether recyclable or otherwise, at or near the Municipal
Recycling Depot: a fine of not less than $500 and not more than $2,000.
[Added 12-8-2016 by Ord.
No. 2016-15; amended 6-24-2021 by Ord. No. 2021-7]
(9)Â
Any
person to drop off or place any material in any location not specifically
designated for receipt of such materials, whether they be recyclable
or otherwise: a fine of not less than $500 and not more than $2,000.
[Added 6-24-2021 by Ord. No. 2021-7]
B.Â
Each continuing day of violation of this chapter shall constitute
a separate offense.
In addition to any other remedy provided in this chapter, the municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this chapter for an injunction to restrain a violation of this chapter or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 156-16 hereof. The penalties and remedies prescribed by this chapter 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 chapter or otherwise provided by law or equity.
