[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Boonton 12-19-2011 by Ord. No. 23-2011. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 216, Recycling, adopted 4-7-2008 by Ord. No. 3-2008.
As used in this chapter, the following terms shall have the meanings indicated:
- DESIGNATED RECYCLABLE MATERIALS
- Those materials designated within the Morris County District Solid Waste Management Plan to be source-separated for the purpose of recycling. These mandated recyclable materials include:
- O.  regardless of the RCRA exclusion of household waste from the definition of hazardous waste pursuant to 40 CFR 261.4(b). Nonrechargeable, hazardous batteries include older alkaline and carbon zinc batteries as well as silver oxide, mercury and magnesium button-type batteries, etc. It should be noted that domestically manufactured alkaline and carbon zinc nonrechargeable batteries made after circa 1994 eliminated mercury content to the point that they should not be considered RCRA hazardous and therefore are not included in this material category.
- P.  from being knowingly vented, and the refrigerant must be recovered accordingly.
- ELECTRONIC WASTE
- A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
- 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 guesthouses serving transient or seasonable 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.).
- MUNICIPAL RECYCLING COORDINATOR
- The person or persons appointed by the municipal governing body to fulfill the requirements of the Morris County Solid Waste Management Plan and the New Jersey Statewide Mandatory Source Separation and Recycling Act and those rules and regulations promulgated therefore.
- MUNICIPAL RECYCLING ENFORCEMENT COORDINATOR
- The person or persons named by the municipality who shall fulfill the responsibilities with respect to recycling enforcement coordination detailed in the March 2007 Morris County Solid Waste Management Plan Amendment Section 8.6. This person may be the same person designated as the Municipal Recycling Coordinator.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial and institutional establishments within the boundaries of the Town of Boonton which is not bulk waste or construction and demolition debris.
- 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.
- RIGID PLASTICS (SMALL AND LARGE)
- Acceptable rigid plastic items are large plastic toys, laundry baskets, kitty litter pails, plastic pet carriers, buckets, including five-gallon buckets, soda and milk crates, plastic storage containers, plastic garbage and recycling containers, empty and dry plastic paint cans, plastic shelving, and plastic outdoor furniture without polyvinyl chloride (PVC) pipes.
- A. Small rigid plastic items, those that fit into a residential recycling container, are accepted in the curbside collection program.
- B. Large rigid plastic items are accepted only at the Boonton Recycling Center (Recycling Center) and shall be placed into the container or area that is labeled for rigid plastics recycling. Large rigid plastic items, those that do not fit into a curbside recycling container, are not accepted at curbside. These items must not be set out for curbside collection.
- C. Unacceptable items include agricultural plastics such as flower pots or trays, computers, electric appliances, electronics, electric toys, battery-operated items, chemical or motor oil containers, hazardous waste containers, coolers, tires, toolboxes, wheels, water hoses, vacuum hoses, drainpipes, vinyl siding, fiberglass, bags, rubber items, fifty-five-gallon drums, PVC or polystyrene (Styrofoam®) numbered:
- SINGLE-STREAM RECYCLABLE MATERIALS
- These materials consist of a mix of nonfiber recyclable and fiber recyclable items collected in a single materials stream. Boonton's single-stream residential curbside collection program and collection at the Recycling Center includes all of the designated recyclable materials, plus the additional recyclable materials listed below:
- A. Nonfiber recyclable materials include clean aluminum cans, steel/tin cans, aluminum trays, aluminum pie plates, aluminum foil, empty and dry paint cans, empty aerosol cans, glass bottles and jars, cartons and aseptic containers such as juice boxes, gable top milk and juice containers, soy milk and soup cartons, loose metal jar lids and steel bottle caps, small rigid plastic items that fit into a recycling container, plastic bottles, and other food and beverage containers numbered:
- B. Fiber recyclable materials include newspapers with inserts, magazines, kraft (brown) paper bags, corrugated cardboard, junk mail, high-grade paper, greeting cards, envelopes, magazines, manila folders, softcover books, softcover workbooks, paperback books, telephone books, egg cartons, cores from paper towels and toilet tissue, frozen food boxes/cartons, boxboard commonly used for dry food and cereal, shoeboxes and other similar packaging, including wet-strength material used in beverage carriers.
- C. Unacceptable materials include plastic film bags, newspapers that are tied, corrugated cardboard that is tied, wax-coated corrugated cardboard, boxboard with wax or plastic coating, boxboard that has been contaminated by food, mirrors, window or auto glass, light bulbs, ceramics, oil or antifreeze containers, coat hangers, household appliances, hardcover books, hazardous, toxic, radioactive or similarly dangerous material and the containers that held that material, food scraps or any other organic materials, scrap metal, electronic waste, agricultural plastic such as flowerpots and trays, plastic containers without a code number, or any PVC or polystyrene plastic (Styrofoam®) containers numbered:
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Recyclable materials that are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
- 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.
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 municipality of the Town of Boonton to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separately and apart from other solid waste generated by the owners, tenants, or occupants of such premises. Designated recyclable materials 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 Town of Boonton.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source-separation requirements of this chapter 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 lot and block designation; the name, official title and phone number of the person making 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 commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material. An annual report of the preceding year must be filed by February 15.
All containers and brown paper bags containing recyclable materials shall be placed prior to collection between the curb and the sidewalk or, in the absence of curb or sidewalk, as near to the street as not to constitute a danger, and such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. Receptacles shall have handles and weight less than 50 pounds when full. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Until material is collected, it is the responsibility of the owner or occupant to ensure that recyclable materials do not blow around. Lids on containers prevent materials from blowing out on windy days. Lids are strongly recommended. Recyclables shall be placed as noted above any time 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 according to the following schedule:
In the residential curbside collection of single-stream materials, fiber and nonfiber recyclable materials shall be placed together all in one recycling container. Proper preparation of recyclable materials requires the following:
Newspapers must not be tied. They must be loose in recycling containers or placed in kraft (brown) paper bags.
Corrugated cardboard cartons shall be emptied and flattened and put into the recycling container or flattened and stacked into one cardboard box and placed next to the recycling container. Cardboard must not be tied. Styrofoam packing peanuts or blocks and plastic bags shall be removed from corrugated cardboard cartons and disposed in the trash.
Caps and lids from bottles, cans and other containers shall be removed. Only metal lids shall be recycled; plastic lids shall be placed in the trash.
All bottles, cans, and containers shall be rinsed.
Drinking glasses, mirrors, light bulbs, ceramics, window glass or Pyrex® are not accepted.
Paint and aerosol cans must be emptied. Paint cans must be dry with lids removed.
Small rigid plastics that fit inside a recycling container are accepted at curbside collection. No rigid plastics of any size may be left on the ground at the curb or outside of a residential recycling container.
Large rigid plastics are not accepted in the residential curbside collection program. Rigid plastic items that do not fit into a recycling container are to be delivered by residents to Boonton's Recycling Center.
No hardcover books are acceptable.
Single-stream recyclables will be collected by employees of Boonton's contracted hauler on a schedule that is set by the Town, or they are to be brought to the Recycling Center in accordance with rules and procedures that may be developed from time to time by the Recycling Coordinator and approved by the Town Administrator.
The following items shall be taken to the Boonton Recycling Center only and are not accepted in the curbside recycling program. The schedule for the Recycling Center is Monday through Friday from 8:00 a.m. to 3:00 p.m. and Saturday 8:00 a.m. to 12:00 noon. There shall be a charge for disposal of building materials depending on the amount.
Large rigid plastic items.
Batteries: hazardous dry cell batteries, rechargeable type; also lead-acid batteries (storage batteries).
Aluminum, if scrap metal or siding.
Wood, tiles, etc.
Propane cylinders: charge of $3.
Electronic waste. Computers, monitors, radios, televisions, microwaves, and VCRs shall be taken to the Recycling Center on Wednesdays and Saturdays only; Wednesday from 8:00 a.m. to 3:00 p.m. and Saturday from 8 a.m. to 12:00 noon for a fee.
Concrete shall be disposed of at the Recycling Center for a fee.
From January 1 to January 15, Christmas trees, placed on the curb, will be picked up by the Town on Trash Day. Christmas trees can be brought to the Recycling Center during regular operating hours.
Appliances composed predominantly of metal, including stoves, washing machines and dryers. Also included are air conditioners, refrigerators, and dehumidifiers if they are predominantly metal. Appliances shall be taken to the Recycling Center on Plane Street at no charge. Items made of steel, iron or aluminum can be disposed of at the Recycling Center at no charge during hours and days of the week which are designated by the Town.
Grass clippings shall be taken to the Recycling Center and deposited in the proper container during the hours and days designated by the Town.
Brush is to be taken to the Recycling Center and deposited in the proper container.
Fallen leaves are to be taken to the Recycling Center and deposited in the proper container. Leaves are collected by the DPW in the fall during a time designated by the Town.
Tree parts up to three inches in diameter are to be taken to the Recycling Center and deposited in the proper area.
Motor vehicle tires from passenger automobiles and light trucks shall be taken to the Recycling Center at designated times and in accordance with the fee schedule. Tires from vehicles with a load capacity exceeding 1 1/2 tons are not accepted; $2 per tire not to exceed 75 inches by 17 inches in size; tires with rims are $5 per tire.
The owner of any property shall be responsible for compliance with this chapter. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials in accordance with guidelines or regulations established by the appropriate municipal office. These materials are to be stored for collection by the municipality, a private recycling vendor or deposited at the Recycling Center. Violations and penalty notices will be directed to the owner or management in those instances which the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and once every 12 months during their occupancy.
All nonresidential generators, including commercial, industrial and institutional establishments of solid waste shall be required to comply with the provisions of this chapter.
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or his or her designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties that provide receptacles for designated recyclable materials, for those materials commonly deposited in the location of the trash receptacle, and shall provide for separate recycling service for their contents.
All nonresidential facilities shall report on an annual basis to the Municipal 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.
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.
Any application to the Planning Board of the Town of Boonton 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:
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
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 Town Engineer on behalf of the Recycling Coordinator.
Prior to the issuance of a certificate of occupancy by the Town of Boonton, 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 municipality does not otherwise provide this service.
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
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 sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
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 chapter and the local sanitary code.
Once placed in the location identified by this chapter, or any rules or regulations promulgated pursuant to this chapter, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Department of Health, the Recycling Coordinator, who shall also be the Recycling Enforcement Coordinator, the Property Maintenance Official, the Housing Officer, and the Morris County Office of Health Management are hereby individually and severally empowered to enforce the provisions of this chapter. 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.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $25 nor more than $1,000.
Each day for which a violation of this chapter occurs shall be considered a separate offense. Fines levied and collected pursuant to the provisions of this chapter shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.