Borough of Folsom, NJ
Atlantic County
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Table of Contents
Table of Contents

§ 155-1 Short title.

This article shall be known and may be cited as the "Recycling Ordinance of the Borough of Folsom."

§ 155-2 Definitions.

The words, terms and phrases used in this article shall have the following meanings:
ALUMINUM CANS
Empty, all-aluminum beverage and food containers.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial purposes and those multiple-dwelling residential buildings containing more than four dwelling units.
COMMINGLED
A combining of nonputrescible source-separate recyclable materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
Materials designated within the Atlantic County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials generally include: cardboard, magazines, office paper, newspapers, paperboard, unsolicited direct mail, phone books, aluminum cans, foil and aluminum bakeware, steel cans and tins, wire coat hangers, empty aerosol cans, clear glass, brown amber glass, green bottles, plastic containers (recycling numbers 1 through 7). Not included are wax paper, food-contaminated paper, automotive parts, plumbing parts, electronics, light bulbs, cathode-ray tubes.
ELECTRONIC WASTE
Televisions; computers, printers, copiers and any other peripheral equipment associated with the operation and or usage of computers, including laptop computers and desktop computers; stereos, radios and boom boxes; DVD and VCR players; fax machines; cathode ray tubes (CRT); any electronic device containing a cathode ray tube; cell phones; any electronic device with a screen that has a video display greater than four inches measured diagonally.
[Amended 11-13-2013 by Ord. No. 06-2013]
FERROUS CONTAINERS
Empty steel or tin food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and governmental offices.
MUNICIPAL RECYCLING COORDINATOR
The person or person appointed by the Borough and who shall be authorized to, among other things, enforce the provisions of this chapter and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW)
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Folsom.
NEWSPAPERS
Papers of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interests. Expressly excluded, however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they have been exposed to substances or conditions rendering them unusable for recycling.
PERSON
Every owner, lessee and occupant of a residence, commercial or institutional establishment within the boundaries of the Borough of Folsom.
RECYCLABLE MATERIALS
Those materials which would otherwise become municipal solid waste and which may be collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products.
RESIDENCE
Any occupied single- or multifamily dwelling having up to four dwelling units per structure from which a Borough-designated or private hauler collects solid waste.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated from solid waste at the point of generation by the generator thereof for the purpose of recycling.

§ 155-3 Establishment of mandatory separation program.

[Amended 3-11-2015 by Ord. No. 03-2015]
There is hereby established a program for the mandatory separation of the following recyclable materials from the municipal solid waste stream by all persons within the Borough of Folsom.
A. 
Aluminum cans.
B. 
Ferrous containers.
C. 
Glass containers.
D. 
Newspapers.
E. 
Leaves, grass and brush.
F. 
Plastic bottles and jugs imprinted with a "1" or "2."
G. 
White goods.
H. 
Asphalt and concrete.
I. 
Propane tanks.
J. 
Consumer electronics.
K. 
Motor oil, kerosene and Number 2 home heating oil.
L. 
Antifreeze.
M. 
Sealed lead acid (SLA) batteries.
N. 
Consumer rechargeable batteries.
O. 
Tires.
P. 
Paper products.
Q. 
Aerosol containers.
R. 
Auto/truck bodies.
S. 
Block/brick.
T. 
CFC refrigerants.
U. 
Florescent bulbs.
V. 
Oil-contaminated soil.
W. 
Oil filters.
X. 
Textiles.

§ 155-4 Separation and placement for disposal of recyclables; exemptions; electronic waste.

A. 
All recyclable materials as defined above in § 155-2 shall be put in a suitable container, separate from other solid waste, and placed at the curb or other such designated area for collection at such times and dates as may be established in the Borough's recycling regulations. The container for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection. Containers or other items to be disposed of shall be placed any time after 5:00 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. on the day of collection.
B. 
The Borough may, however, exempt persons occupying commercial or institutional premises within the Borough from the source separation requirements of this chapter. Such exempt persons shall, however, provide otherwise for the recycling of all designated recyclable materials.
C. 
Electronic waste, while subject to recycling, is not collected by the Borough in either its collection of recyclable materials or its solid waste collection. It is the responsibility of the generator of such electronic waste. Information regarding the appropriate disposal of electronic waste may be obtained from the Atlantic County Utilities Authority at (609) 272-6950 or www.acua.com. Information may also be obtained from the Borough Recycling Coordinator at (609) 561-3178. The placement of electronic waste for curbside collection is a violation of this chapter and is subject to the penalties set forth in § 155-9.

§ 155-5 Separation of leaves; placement for disposal.

All persons within the Borough of Folsom shall, during the period set by the Recycling Coordinator, separate leaves from other solid waste generated at their premises and, unless the leaves are stored or recycled for composting or mulching on the premises, place the leaves at the curb or other designated area for collection at such times and dates and in the manner established by the Borough's recycling regulations.

§ 155-6 Alternative collection of recyclable materials.

Any persons may donate or sell recyclable materials to individuals or organizations authorized by the Borough in its recycling regulations. These materials may either be delivered to the individual's or organization's site or they may be placed at the curb for collection by said individual or organization on days not designated as recyclable materials collection days in the Borough's recycling regulations. Said individuals or organizations may not collect recyclable materials on or within the 24 hours immediately preceding a regularly scheduled curbside collection day and shall, prior to June 1 of each year, provide written documentation to the Borough of the total amount of material recycled during the preceding calendar year.

§ 155-7 Collection by unauthorized persons prohibited.

It shall be a violation of this article for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the Borough of Folsom any of the recyclable materials designated in § 155-3 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 155-8 Enforcement and administration.

The Recycling Coordinator is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in § 155-3 of this article and such other matters as are required to implement this article. Such regulation shall take effect only upon approval of the Borough Council by adoption of a resolution implementing the same. The Recycling Coordinator is hereby authorized and directed to enforce the provisions of this article and any implementing regulations adopted hereunder.

§ 155-9 Violations and penalties.

A. 
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
B. 
Each and every day in which a violation of any of the provisions of this chapter exists shall constitute a separate offense.

§ 155-10 Application for exemption.

The Recycling Coordinator of the Borough may exempt persons occupying commercial and institutional establishments from the source separation requirements of § 155-4 of this chapter if those persons have otherwise provided for the recycling of recyclable materials designated in § 155-3 of this chapter. 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 Recycling Coordinator and shall provide the official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials. A certification shall be provided that the designated recyclable materials will be recycled, and either the recycling service provider or the commercial/institutional generator shall provide written documentation to the Recycling Coordinator on at least an annual basis of the total number of tons collected and recycled for each designated material.