[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Boonton 12-19-2011 by Ord. No. 23-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 216,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:
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:
ALUMINUM CANSCans made from aluminum that were manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates and aluminum siding.
GLASS BOTTLES AND JARSBottles and jars made from glass, including clear, brown and green glass. A "bottle" is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A "jar" is defined as a wide-mouthed container that can be capped. Caps and lids not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex® or ceramic.
PLASTIC BOTTLES (CODED 1 AND 2)Plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as polyethylene terephthalate (PETE) or high-density polyethylene (HDPE); see symbols below. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. Caps and lids not included. Any item made of plastic that is not a bottle, and any plastic bottle without one of the symbols shown below, is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc., should not be recycled.
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STEEL (TIN) CANSAn airtight container for the distribution or storage of goods, composed of thin, usually ferrous metal. Examples are soup cans and tuna fish cans.
NEWSPAPERA publication containing news, information and advertising, usually printed on low-cost paper called "newsprint." Newspaper may include glossy inserts which come with the paper, dependent upon the market conditions at the time. The recycling of such material excludes soiled paper.
CORRUGATED CARDBOARDThe term used to identify a type of paper in which a portion has been made to have a wavy surface (alternating ridge and grooves) and is placed between two flat surfaces for the sake of strength and which is commonly used to form cartons.
MIXED PAPERVarious categories of recyclable paper, including but not limited to white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogs, envelopes, softcover books.
LEAVESVegetative material, typically generated in the autumn when they fall from trees and then are raked from residents' and/or commercial lawns.
GRASS CLIPPINGSVegetative material generated when grass (lawns) are cut.
BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
OIL-CONTAMINATED SOILNonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, Nos. 4 and 6 heating oils and certain other refinery products, including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.
USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
LEAD-ACID BATTERIESStorage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep-cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.
HAZARDOUS DRY CELL BATTERIESRechargeable batteries, such as nickel-cadmium, nickel-iron, nickel-metal hydride, lithium ion, small sealed lead-acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous as defined by the Resource Conservation Recovery Act ("RCRA"),[2] 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.
METAL APPLIANCESAppliances composed predominantly of metal, and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants, they are prohibited by the Clean Air Act[3] from being knowingly vented, and the refrigerant must
be recovered accordingly.
WHOLE TIRESTires that are whole, not chipped into small pieces. (NOTE: Tires are allowed to be recycled and/or incinerated for energy recovery.)
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.
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.).
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.
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.
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.
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.
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.
Small rigid plastic items, those that fit into a residential
recycling container, are accepted in the curbside collection program.
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.
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:
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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:
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:
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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.
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:
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Recyclable materials that are separated at the point of generation
by the generator thereof from solid waste for the purposes of recycling.
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.
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 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.
B.
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.
A.
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:
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Category
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Schedule
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Residents
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No later than 8:00 p.m.
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Main Street businesses
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No later than 11:00 a.m.
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Industry and other businesses
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Upon closing, but no later than 8:00 p.m.
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B.
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:
(1)
Newspapers must not be tied. They must be loose in recycling containers
or placed in kraft (brown) paper bags.
(2)
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.
(3)
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.
(4)
All bottles, cans, and containers shall be rinsed.
(5)
Drinking glasses, mirrors, light bulbs, ceramics, window glass or
Pyrex® are not accepted.
(6)
Paint and aerosol cans must be emptied. Paint cans must be dry with
lids removed.
(7)
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.
(8)
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.
(9)
No hardcover books are acceptable.
C.
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.
D.
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.
(1)
Large rigid plastic items.
(2)
Motor oil.
(3)
Scrap metal.
(4)
Batteries: hazardous dry cell batteries, rechargeable type; also
lead-acid batteries (storage batteries).
(5)
Building material.
(6)
Antifreeze.
(7)
Aluminum, if scrap metal or siding.
(8)
Wood, tiles, etc.
(9)
Sheetrock.
(10)
Cooking oil.
(11)
Propane cylinders: charge of $3.
(12)
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.
(13)
Concrete shall be disposed of at the Recycling Center for a
fee.
(14)
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.
(15)
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.
(16)
Yard wastes.
(a)
Grass clippings shall be taken to the Recycling Center and deposited
in the proper container during the hours and days designated by the
Town.
(b)
Brush is to be taken to the Recycling Center and deposited in
the proper container.
(c)
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.
(d)
Tree parts up to three inches in diameter are to be taken to
the Recycling Center and deposited in the proper area.
(17)
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; $5 per tire not
to exceed 75 inches by 17 inches in size; tires with rims are $8 per
tire.
[Amended 2-22-2022 by Ord. No. 01-22]
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.
A.
All nonresidential generators, including commercial, industrial and
institutional establishments of solid waste shall be required to comply
with the provisions of this chapter.
B.
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.
C.
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.
D.
All food service establishments, as defined in the Health Code,[1] 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 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:
(1)
A detailed analysis of the expected composition and amounts of solid
waste and recyclables 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 (signage, lighting, fencing,
etc.) as may be determined by the Town Engineer on behalf of the Recycling
Coordinator.
B.
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.
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 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 chapter and the local sanitary
code.
C.
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.
A.
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.
B.
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.
