[HISTORY: Adopted by the Council of the Borough of Milford 7-11-2022 by Ord. No. 941-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 164,
Solid Waste, which consisted of Art. I, Garbage Collection, adopted 4-3-1989 by Ord. No.
518-89, as amended, and Art. II, Source Separation
and Recycling, adopted 8-2-2010 by Ord. No. 761-2010, as amended.
The purpose of this article is to establish a standard procedure
and policy governing the collection of garbage, yard debris, and household
rubbish for qualified properties, as herein defined, in the Borough
of Milford.
The provisions of this article shall be construed, together with the provisions of Article II of this chapter and all applicable public health codes presently in force in the Borough of Milford, to the end that the health of the citizens of the Borough of Milford will be protected, and the purposes of both this article and all related ordinances herein set forth are advanced.
A.Â
Except as may be set forth herein, and unless the context shall specifically
require otherwise, all terms used herein shall have their ordinary
meaning(s).
B.Â
All definitions contained in Article II of this chapter are deemed incorporated herein as if set forth fully and at length.
C.Â
APPLIANCES
CONSTRUCTION DEBRIS
GARBAGE
HOUSEHOLD RUBBISH
QUALIFIED PROPERTIES
RECYCLING ORDINANCE
YARD DEBRIS
As used in this article, the following terms shall have the specific
meanings set forth herein, unless otherwise expressly set forth or
unless the context specifically requires a contrary definition:
Refrigerators, stoves, dishwashers, clothes washers and dryers,
hot-water heaters, white metal kitchen cabinets, furnaces and similar
bulky metal-encased items commonly used in kitchens or laundry rooms.
Scrap lumber, shingles, Sheetrock, cinder block, brick and
other masonry and similar debris which is the by-product of building
construction, remodeling, demolition, and reconstruction.
All refuse, entrails and waste of animals and fish and all vegetable matter which has been or was intended to be used as food; all clam, oyster, crab and lobster shells; all other material so specified by the State of New Jersey; and solid waste, exclusive of yard debris and household rubbish, such as wrappings, rags and other solid waste of a nonvolatile or nonexplosive nature, but not including recyclable materials as defined in Article II of this chapter.
Bulky items, such as furniture, appliances, tires, motor vehicle batteries, yard furniture and recreational apparatus, but not including recyclable materials as defined in Article II of this chapter or construction debris.
Qualified properties are those residential properties including
multifamily and apartment complexes which are physically located within
the Borough of Milford. Commercial, industrial, and institutional
uses, and properties upon which a commercial, industrial, or institutional
use are located and conducted, are not served by the Borough's
solid waste collection program and are required, at their own expense,
to procure appropriate solid waste and recycling removal services.
Article II of this chapter, entitled "Source Separation and Recycling."
All leaves, grass, and hedge clippings, straw, thatch, tree
branches, plant stems and roots, tree stumps weighing not in excess
of 50 pounds, shrubbery, and other similar materials not intended
for human consumption.
Residents and occupants shall place all waste and recycling
to be collected in the totes supplied and owned by Milford Borough.
The Borough shall furnish ninety-six-gallon totes for the transportation
of both solid waste and recycling from dwelling units to the contractor's
vehicles. Each property will be provided one ninety-six-gallon tote
for solid waste and one ninety-six-gallon tote for recycling. No other
cans, bags or resident-owned receptacles will be collected or emptied
by the contractor. Totes are the property of the Borough and must
remain with the address to which they are assigned and shall remain
at the property if the owner/occupant vacates the property.
A.Â
A property owner may obtain an additional ninety-six-gallon solid
waste tote from the Borough by submitting a request, in writing, to
the Borough Clerk. The cost of each additional tote shall be the actual
cost to the Borough at the time the request for the additional tote
is submitted. The fee for the additional tote(s) shall be paid at
the time the request is made.
B.Â
Property owners shall pay an additional annual collection fee of
$225 per additional solid waste tote. The annual collection fee shall
be due at the time the request is made. The fees shall not be prorated
and are nonrefundable. Thereafter, the annual collection fee for additional
solid waste totes shall be paid each year by the property owner by
not later than January 1, with said annual collection fee being determined
by the Borough.
C.Â
If unpaid, the additional annual collection fee shall become a lien
upon the property and shall be added to and become a part of the taxes
next to be assessed and levied upon the property and shall bear interest
at the same rate as taxes and be collected and enforced by the same
officer and in the same manner as taxes.
If a solid waste or recycling tote is lost or stolen, the property
owner shall notify the Borough Clerk, and the Borough may, in its
discretion, provide a new tote without cost to the property owner.
If a tote is damaged by the Borough-contracted garbage hauler, the
property owner must immediately upon discovery of said damage notify
the Borough Clerk in writing.
A.Â
Totes containing waste/recycling to be collected from a resident
shall be placed by such resident along the curbline with five feet
of clearance on each side of the tote, and the tote shall not be obstructed
by parked vehicles, snow, brush, leaves, etc., to ensure adequate
room for contractor employees and automated pickup by the Borough
contractor.
B.Â
The resident shall not place their tote for collection earlier than
5:00 p.m. the day preceding collection. A resident shall remove their
waste/recycle totes and any other trash left behind no later than
12:00 noon the day after collection.
C.Â
Owners of multifamily complexes shall place totes for the collection
of waste/recycling from occupants at such accessible locations for
automatic pickup by the Borough contractor within the multifamily
complexes as directed by the Sanitation Commissioner of the Borough.
D.Â
Residents shall not place any other cans, bags, or resident-owned
totes out for pickup.
E.Â
Cleanup day. Residents shall place bulk items for collection on the
designated cleanup day. Acceptable materials are the following: bicycles,
nonmetal furniture [dressers, chairs, tables, sofas, beds (except
steel-frame beds)]; carpeting and matting (must be rolled and tied),
lawn furniture, nonmetal toys, old doors, windows, screens, tools
and mattresses (mattresses must be wrapped in plastic), glass tables
and mirrors (must be covered in newspaper and taped to avoid breakage),
single items from home repair (for example, a small vanity or single
plumbing fixture). Items from construction renovations will not be
collected.
F.Â
Certain bulk items shall have stickers attached that must be purchased
by the resident from the Borough Clerk.
A.Â
The Borough awards contracts to contractors for the collection of
waste from residents and occupants as a service to its residents.
B.Â
Residents shall dispose of all waste generated by them by placing
same for collection by the residential contractor in the manner and
at the time herein set forth. Residents may dispose of waste through
other waste collectors or self-transport to the Hunterdon County transfer
station at their sole cost, if they so choose.
C.Â
Tenants vacating a property and/or property owners with an excess
of waste or recycling that does not fit in the Borough-provided tote
must make arrangements with an outside contractor to have the additional
items removed, and they shall not place these additional items curbside
for regular waste collection.
A.Â
Grass clippings and leaves shall be set out for collection, if at
all, as in the case of garbage. All such debris shall be separately
bagged and labeled as yard debris so as not to be confused with garbage.
B.Â
No yard debris shall be mixed with garbage.
C.Â
Tree branches and sticks shall be set out for collection on the first
Mondays of April through November of each year. Small twigs and branches
must be tied into bundles no longer than 12 inches in diameter and
four feet in length. Large branches shall be laid neatly with ends
facing the same direction.
D.Â
Christmas trees shall be placed for collection on any Monday during
the Christmas season, which, for purposes of this section, shall be
deemed to end on January 31 of each year.
A.Â
The Borough of Milford shall provide for the collection of the garbage
generated by residences and businesses located within the limits of
the Borough of Milford, subject to the strict compliance by such residents
and business owners with the provisions of this article, on Mondays
of each week, except as herein provided.
A.Â
Household rubbish shall be set out for collection as in the case
of garbage. Collection thereof may occur as in the case of garbage
or on the day thereafter.
B.Â
All such rubbish shall be placed for collection in a reasonable amount
and in a neat and orderly manner.
C.Â
Appliances, which shall include air conditioners and refrigerators (with certification of Freon removed), will not be collected unless the resident has first obtained a sticker from the Borough Clerk and affixed the same to the item. The fee per appliance shall be as prescribed in Chapter 10, Fees, of this Code.
Any resident or business operator of the Borough shall have
the right to transport, at the resident's or business operator's
sole cost and expense, any large item to the Hunterdon County transfer
station in Annandale, New Jersey. The cost of using said transfer
station shall be borne by the user.
No construction debris shall be placed for collection. It shall
be the responsibility of the resident or business to arrange removal
of construction debris by the contractor or individually by contracting
for dumpster service or by removing the same to the transfer station.
No recyclables shall be set out for collection hereunder. The Borough shall monitor materials set out for collection hereunder to ensure compliance with this chapter. Recyclables shall be disposed of as provided for in Article II of this chapter.
A.Â
Excess disposal. Any residential or business user who shall exceed the limitations set forth in § 164-5 hereof may be billed for the excess by the Borough at the dumpster rate then in effect.
C.Â
General penalties.
(1)Â
Any person who shall otherwise violate the provisions of this article
shall be punished by a fine not to exceed $500 or by imprisonment
for a period not to exceed 90 days or by directing the offender to
perform community service for a period not to exceed 90 days, or all
or some of the above, in the discretion of the court.
(2)Â
In the event that the court shall direct that community service be
performed by a violator, it is urged that the community service be
fixed so as to be related to garbage collection, the clearing of litter
or the like.
D.Â
Termination of collection. In the event that any person shall fail
to pay any sums assessed herein for excess disposal or in the event
that any person shall violate the provisions of this article three
times in the course of any calendar year, the Borough may, in its
discretion, terminate collection services for that person's residence
or business and require that he arrange for private disposal, at his
cost and expense, for his garbage, yard debris, household rubbish
and recyclables.
As used in this article, the following terms shall have the
meanings indicated:
The implementing agency for the Hunterdon County Solid Waste
Management Plan, the Hunterdon County Utilities Authority.
Those materials designated within the Hunterdon County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include:
Designated recyclable materials for the generators of residential,
commercial, industrial, and institutional waste:
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01
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Corrugated: containers and similar paper items usually used
to transport supplies, equipment parts or other merchandise.
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02
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Mixed office and computer paper: any and all types of office-type
paper, including but not limited to computer paper, high-grade white
paper, typing paper, copier paper, onionskin, tissue paper, notepad,
envelopes, manila folders and colored paper, or any mix thereof.
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03
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Newspaper: all paper marketed as newsprint or newspaper and
containing at least 70% newsprint or newspaper (American Forest and
Paper Association Grade Nos. 6, 7 and 8 news).
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04
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Other paper/magazines/junk mail: all paper which is not defined
as "corrugated," "mixed office paper," "computer paper" or "newspaper."
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05
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Glass containers: all glass containers used for packaging food
or beverages.
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06
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Aluminum cans: food and beverage containers made entirely of
aluminum.
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07
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Steel cans: rigid containers made exclusively or primarily of
steel or tin-plated steel and steel and aluminum cans used to store
food, beverages, and a variety of other household and consumer products.
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08
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Plastic containers: containers including polyethylene terephthalate
(PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2)
and milk, water or detergent.
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Additional designated recyclable materials for the generators
of commercial, industrial, and institutional waste:
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11
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White goods and light iron: all appliances such as washers,
dryers, refrigerators, etc., as well as products made from sheet iron,
such as shelving, file cabinets, metal desks, recycled or reconditioned
steel drums and other nonstructural ferrous scrap.
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12
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Antifreeze: all automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
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13
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Batteries, lead-acid: batteries from automobiles, trucks, other
vehicles and machinery and equipment. This does not include consumer
batteries.
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16
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Used motor oil: petroleum-based or synthetic oil which, through
use, storage or handling, has become unsuitable for its original purpose
due to the presence of impurities or loss of original properties.
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15
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Tires: rubber-based scrap automotive, truck or specialty (e.g.,
forklift) tires. The tires must be recycled at a facility approved
by the New Jersey Department of Environmental Protection.
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Designated recyclable materials from generators of residential
waste that are collected by Hunterdon County:
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12
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Antifreeze: all automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
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13
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Batteries, lead-acid: batteries from automobiles, trucks, other
vehicles and machinery and equipment. This does not include consumer
batteries. (See No. 21.)
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16
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Used motor oil: petroleum-based or synthetic oil which, through
use, storage, or handling, has become unsuitable for its original
purpose due to the presence of impurities or loss of original properties.
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21
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Batteries, household: any type of button, coin, cylindrical,
rectangular, or other shaped enclosed device or sealed container which
was utilized as an energy source for commercial, industrial, medical,
institutional, or household use. This does not include lead-acid batteries
from vehicles.
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Mercury-containing devices: fluorescent and compact fluorescent
tubes (CFTs), high-intensity discharge (HID) and neon lamps, electrical
switches, thermostats, and any batteries containing mercury.
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Petroleum-contaminated soil: nonhazardous soils containing petroleum
hydrocarbons resulting from spills, leaks or leaking underground storage
tanks used for gasoline or any other commercial fuel and which are
recycled in accordance with the requirements of N.J.A.C. 7:26A-1.1
et seq. Note: This material can be recycled at "Class B" facilities
(for example, authorized asphalt manufacturers).
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The person or persons appointed by the municipal governing
body 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 Borough
of Milford.
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.
Any building or structure or complex of buildings in which
fewer than three 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).
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 (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.).
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
In order to carry out the requirements of the New Jersey Mandatory
Source Separation and Recycling Act ("Act") and the Hunterdon County
Recycling Plan ("plan"), the position of Municipal Recycling Coordinator
is hereby established, who shall be responsible for compliance with
said Act, plan and applicable Borough regulations.
B.Â
The Municipal Recycling Coordinator will be annually appointed by
the Mayor with the consent of the Borough Council and will serve a
term of one year.
C.Â
The Recycling Coordinator will report to the Common Council or Borough
Clerk at least once annually on the status of the municipal recycling
program and shall from time to time advise and make recommendations
as to how the requirements set forth in this article may be effectuated.
D.Â
The Municipal Recycling Coordinator will attend all Municipal Recycling
Coordinator meetings that the Common Council deems to be important.
This includes meetings that may be conducted by the state, the county
or other appropriate organizations.
E.Â
The Municipal Recycling Coordinator shall promote the municipal recycling
program by educating citizens, businesses, institutions, and organizations
of the need to participate in the municipal recycling program and
shall explain to citizens, businesses, institutions, and organizations
the provisions of this article and assist in the enforcement thereof.
A.Â
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 Borough of Milford, 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
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 promulgated by the Borough of Milford.
B.Â
Unless the Borough otherwise provides for the collection of designated
recyclable materials, every owner and/or occupant of residential or
nonresidential premises must contract for the removal and disposition
of recyclable materials as set forth in this article by a private
contractor. Residential recycling contracts must comply with the provisions
of this section and must further provide for not less than monthly
pickup.
C.Â
In the event that a municipal, county or state facility accepts mandatory
recyclable material as set forth in this article, then the residential
and/or nonresidential owner or occupant may utilize such facility,
to the extent permitted by the owner or operator of such facility.
A.Â
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. For multifamily units,
the management or owner is responsible for setting up and maintaining
a recycling system, including collection of recyclable materials,
in accordance with guidelines or regulations established by the appropriate
municipal office. Violations and penalty notices will be directed
to the occupant. In instances where the violator is not easily identifiable,
violations and penalty notices will be directed to the owner/management.
The owner/management shall issue notification and collection rules
to occupants when they arrive and at least twice annually during their
occupancy.
B.Â
An occupant(s) and/or owner(s) of any residential property who fails
to abide by the rules and regulations of this section may be fined
not less than $50 nor more than $250 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Recycling
Coordinator or other enforcement officer shall issue one warning to
any occupant who is in violation of this section, which warning shall
include educational information regarding proper procedures for recycling.
A.Â
The occupant(s) and owner(s) of any residential property shall be
responsible for compliance with this article. Unless the Borough provides
for the collection of designated recyclable materials, the owner of
each residential complex is responsible for providing a recycling
depot for the entire complex. The depot shall be equipped with owner-
or contractor-supplied receptacles for each category of designated
recyclable material.
B.Â
An occupant within a residential complex who fails to comply with
the requirements of this article may be fined not less than $50 nor
more than $250 for each month of noncompliance.
C.Â
The owner/management shall issue notification and collection rules
to new tenants when they arrive and at least twice annually during
their occupancy.
D.Â
Unless the Borough provides for the collection of designated recyclable
materials, the owner of each residential complex shall report to the
Municipal Recycling Coordinator by February 15 of each year the recycling
activity of the prior year. The report shall include the amount of
recycled material by material type and the vendor or vendors providing
recycling service. The information must be supplied to the Municipal
Recycling Coordinator and directed to the attention of the Municipal
Recycling Coordinator by name and address. The county must also be
copied on this information.
E.Â
An owner (or his/her agent) who fails to abide by the rules and regulations
of this section may be fined up to $250 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to the owner who is in violation of this section. The warning
shall include educational information regarding proper procedures
for recycling, including instruction as to how the owner can reasonably
provide adequate recycling facilities to ensure compliance with this
article.
F.Â
Responsibility of property owner. In regard to compliance with this
article, it shall be the responsibility of the owners of all real
estate to secure compliance herewith by all tenants or occupiers of
realty within the Borough.
A.Â
Commercial, industrial and institutional establishments are defined
as all entities which operate or conduct any business whatsoever which
cannot be included within the definition of a residential dwelling
or complex.
B.Â
All commercial, industrial, and institutional generators of solid
waste shall be required to comply with the provisions of this article.
C.Â
Unless the property owner or Borough provides for the collection
of designated recyclable materials, arrangement for collection of
designated recyclables shall be the responsibility of the commercial,
institutional, or industrial occupant. All commercial, institutional,
or industrial property owners which provide outdoor 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.
D.Â
Unless the property owner or Borough provides for the collection
of designated recyclable materials, every occupant of a commercial,
industrial, or institutional facility or its designee (including solid
waste and recycling transporters) shall cooperate in communicating
recycling activity. Such communication shall include reporting to
the Municipal Recycling Coordinator by February 15 of each year the
occupant's recycling activity of the prior year. The report shall
include the amount of recycled material by material type and the vendor
or vendors providing recycling service. The information must be supplied
to the Municipal Recycling Coordinator and directed to the attention
of the Municipal Recycling Coordinator by name and address. The county
must also be copied on this information.
E.Â
If the property owner provides recycling collection services for
the occupants of the property, the owner or its designee (including
solid waste and recycling transporters) shall cooperate in communicating
recycling activity. Such communication shall include reporting to
the Municipal Recycling Coordinator by February 15 of each year the
recycling activity on the property in the prior year. The report shall
include the amount of recycled material by material type and the vendor
or vendors providing recycling service. The information must be supplied
to the Municipal Recycling Coordinator and directed to the attention
of the Municipal Recycling Coordinator by name and address. The county
must also be copied on this information.
F.Â
All food service establishments, as defined in the Health Code, 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.
G.Â
A commercial, industrial, or institutional occupant or owner who
fails to abide by the rules and regulations of this section may be
fined not less than $50 nor more than $1,000 for each month of noncompliance.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to any commercial, industrial, or institutional establishment
which is in violation of this section, which warning shall include
educational information regarding proper procedures for recycling.
A.Â
Any application to the Joint Land Use Board of the Borough of Milford
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 recyclables 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 (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
B.Â
Prior to the issuance of a certificate of occupancy by the Borough
of Milford, 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 Borough 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 and the local sanitary
code.
C.Â
Once placed in the location for collection, no person, other than
those authorized by the Borough, shall tamper with, collect, remove,
or otherwise handle solid waste or designated recyclable materials.
D.Â
A solid waste collector who fails to abide by the rules and regulations
of this section may be fined not less than $50 nor more than $1,000.
Prior to taking enforcement action pursuant to this section, the Municipal
Recycling Coordinator or other enforcement officer shall issue one
warning to any solid waste collector which is in violation of this
section, which warning shall include educational information regarding
proper procedures for recycling.
A.Â
A minimum of once a year or when necessary to reflect program or
regulatory modifications, a solid waste transporter shall notify all
customers, by mail:
(1)Â
What materials are designated to be source-separated from solid waste
and must be recycled in Hunterdon County and that these items are
prohibited in solid waste.
(2)Â
That discovery of designated recyclable items in solid waste may
result in the waste not being collected and that the generator is
subject to a monetary fine.
(3)Â
That solid waste transporters are prohibited by law to collect solid
waste containing mandated recyclable materials.
(4)Â
That documentation of proof of solid waste and recycling collection
service must be maintained, and that this documentation must be made
available to the property owner, Borough or county upon request.
B.Â
No later than February 15 of each year, all solid waste companies
will provide a detailed report of all recycling activities to all
commercial, industrial and institutional solid waste customers. The
report will include a breakdown of the materials collected for recycling,
the total weight of each material collected for recycling and the
recycling market for each of the materials collected. The information
must be supplied to the Municipal Recycling Coordinator and directed
to the attention of the Municipal Recycling Coordinator by name and
address. The county must also be copied on this information.
C.Â
No later than February 15 of each year, all solid waste transporters
will provide each Borough and the county with a summarization of recycling
activity in that Borough, including totals of all residential, commercial,
industrial, and institutional recycling. The report will include a
breakdown of the materials collected for recycling, the total weight
of each material collected for recycling and the recycling market
for each of the materials collected. The information must be supplied
to the Municipal Recycling Coordinator and directed to the attention
of the Municipal Recycling Coordinator by name and address. The county
must also be copied on this information.
D.Â
Failure of the solid waste transporter to comply with the provisions
of this section shall constitute a violation and subject the solid
waste transporter to those penalties as prescribed in this article
and state recycling regulations.
Unless the solid waste and recycling collection services have
otherwise been provided for by the Borough, pursuant to N.J.S.A. 40:66-5.1,
all residential, commercial, industrial, and institutional generators
of solid waste must, upon request by the Borough, supply proof that
solid waste and recycling collection services have been contracted
by the generator. The information requested for proof of service may
include provision of weight receipts or billing statements. The procedure
by which the Borough may request receipts or other documentation must
be detailed in a process approved by the governing body of the Borough.
A.Â
The Municipal Recycling Coordinator or other person(s) so designated
by the governing body is hereby individually and severally 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.
B.Â
Each day on which a violation of this article occurs shall constitute
a separate offense.
C.Â
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Monies in the Municipal Recycling Trust Fund
shall be used solely for the expenses of the municipal recycling program.
