[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:
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Somerset County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
A. 
Newspapers - includes inserts, glossy coupons, food and store ads. Excluded are newspapers that have been soiled.
B. 
Glass bottles and jars - includes all color glass, reasonably clean of foreign matter.
C. 
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.
D. 
Steel cans.
E. 
Bimetal cans.
F. 
Aluminum cans.
G. 
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).
H. 
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.
MULTIFAMILY DWELLING
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.).
MUNICIPAL RECYCLING COORDINATOR
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.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township of Hillsborough.
RECYCLABLE MATERIAL
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.
SOURCE SEPARATION
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.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
A. 
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. 
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. 
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. 
All receptacles or dumpsters shall be maintained clean and in a safe handling condition.
C. 
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. 
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. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of the article.
B. 
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. 
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. 
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. 
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) 
A detailed analysis of the expected composition and amounts of solid waste and recyclable material generated at the proposed development; and
(2) 
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. 
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. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the municipal engineer.
A. 
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. 
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. 
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. 
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. 
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.