[Adopted 11-10-1988 by Ord. No. 18-1988]
The purpose of this article is to provide for
the removal and disposal of all refuse from the City of Somers Point.
As used in this article, the following terms
shall have the meanings indicated:
A combining of nonputrescible ("putrescible" meaning "to
rot") source-separated recyclable materials for the purpose of recycling.
[Added 11-24-2010 by Ord. No. 14-2010]
Lumber, concrete, asphalt, Sheetrock, roofing and all items
customarily associated with construction, reconstruction or demolition.
Those materials designated within the Atlantic County District
Solid Waste Management Plan to be source separated for the purpose
of recycling.
[Added 11-24-2010 by Ord. No. 14-2010]
Materials such as trees, shrubbery, underbrush, pruning waste
or leaves from land being cleared by a private commercial individual,
partnership or corporation for real estate development; or materials
from a dwelling that is being built, renovated, remodeled, etc., by
a private commercial contractor, partnership or corporation.
Bulk items such as furniture, carpet, car engines, tires
and other materials which, due to bulk size, cannot be part of normal
household recyclable or nonrecyclable materials.
Trash all those materials which are solid waste which is
not defined as recyclable that is normally placed at curbside for
pickup; not including furniture.
Oil removed from any source by any commercial means.
All materials made substantially of plastic or plastic compounds.
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 and products.
[Added 11-24-2010 by Ord. No. 14-2010]
All materials which are solid waste and are able to be recycled.
ALUMINUMIncludes all products made wholly of aluminum, including but not limited to aluminum cans, aluminum sheds, lawn chair frames, aluminum siding, window frames and other clean household aluminum, but does not include aluminum foil, trays, plates and screening.
GLASSAll products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other materials commonly known as "beverage container glass," excluding, however, blue and flat glass commonly known as "window glass" and white glass commonly known as "dishes," "mirrors," "drinkware," "tableware" and "ceramics."
PAPERNewsprint, cardboard and all other forms of paper and paper products such as magazines, catalogues, office paper, etc., except those soiled or unfit due to sanitary or health reasons. Papers of personal nature shall be shredded so privacy can be protected.
YARD WASTEInclude leaves, trees, branches, underbrush, pruning waste, shrubbery and soil.
SCRAP METALIncludes ferrous or tin cans, refrigerators, freezers, water heaters, washers, dryers, metal sheds and any other bulk metal household items which are also termed "white goods."
ELECTRONIC WASTEA computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines; 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.
[Added 11-24-2010 by Ord. No. 14-2010]
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
[Added 11-24-2010 by Ord. No. 14-2010]
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purpose of recycling.
[Added 11-24-2010 by Ord. No. 14-2010]
A.Â
All normal nonrecyclable household solid waste shall
be kept in watertight metal or plastic receptacles and shall have
a capacity of not more than 32 gallons. They shall be kept clean,
covered, free from liquids and recyclable materials. The contents,
when full, must not exceed 50 pounds.
B.Â
No normal household trash shall be picked up unless
recyclable materials are excluded from it.
C.Â
All recyclable materials shall be separated from nonrecyclable
materials and placed in containers not exceeding 50 pounds or 32 gallons.
Newspaper and cardboard shall be securely tied or bagged. Branches
shall be stacked uniformly, not to exceed six-foot bundles or 50 pounds
and in such a manner as not to impede pedestrians or vehicular traffic.
D.Â
All containers containing nonrecyclable materials or 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 and sidewalk, as near to the street as not to constitute
a danger, where such receptacles shall be readily accessible to the
collector without providing obstructions to pedestrians. The owner
or occupant of the premises shall keep all receptacles clean and in
safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above 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.
[Amended 11-24-2010 by Ord. No. 14-2010]
E.Â
Leaves may be placed in biodegradable bags year round. Leaves in
loose fashion may be placed at the curbline between November 1 and
January 31.
[Amended 11-24-2010 by Ord. No. 14-2010]
F.Â
No yard waste shall be placed closer than 10 feet from any storm sewer inlet along the street, unless such waste, including leaves, is bagged or otherwise containerized. To do otherwise shall constitute a violation of this article subject to the penalties set forth in § 216-12.
[Added 11-24-2010 by Ord. No. 14-2010]
G.Â
Grass must be in biodegradable paper bags and will be collected year
round.
[Added 11-24-2010 by Ord. No. 14-2010]
A.Â
The City of Somers Point shall collect and remove
recyclable materials from residential dwellings and multifamily dwellings
with four units or less, except for those items collected by the County
of Atlantic.
B.Â
The City of Somers Point shall collect and remove
all normal nonrecyclable household trash from all residential and
multifamily dwellings with four units or less.
C.Â
The time and manner of collection shall be set by
the Superintendent of Public Works and the Recycling Coordinator,
who shall notify the public in any reasonable manner of the schedules.
D.Â
Multifamily and commercial establishments shall provide
for the separate collection and removal of both recyclable and normal
nonrecyclable household trash, except for those items collected by
the County of Atlantic.
E.Â
Each private commercial individual, partnership or
corporation shall provide for collection and removal of all development,
construction and landscaping materials.
F.Â
The owner
of any property shall be responsible for compliance with this article.
For multifamily units, the management or owner is responsible for
setting up and maintaining the recycling system, including the collection
or recycling materials, in accordance with guidelines or regulations
established by the appropriate municipal office. Violation and penalty
notices will be directed to the owner or management, 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.
[Added 11-24-2010 by Ord. No. 14-2010]
G.Â
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this article.
[Added 11-24-2010 by Ord. No. 14-2010]
(1)Â
The arrangements for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties 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.
(2)Â
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.
(3)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.
H.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.
[Added 11-24-2010 by Ord. No. 14-2010]
I.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 the recyclables to accumulate
will be considered a violation of this article and the local sanitary
code.
[Added 11-24-2010 by Ord. No. 14-2010]
J.Â
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 municipality, shall tamper with, collect,
remove or otherwise handle designated recyclable materials.
[Added 11-24-2010 by Ord. No. 14-2010]
Bulk items shall be collected in a manner to
be determined by the Superintendent of the Department of Public Works.
The manner of collection shall be reasonably calculated to provide
for notification to the public, set reasonable schedule and provide
for reasonable fees, if any.
No one except the County of Atlantic and holders
of permits under this article shall use the public streets, avenues,
alleys or highways of the City of Somers Point for the purpose of
collecting or disposition of any offal, garbage or refuse matter that
may become dangerous to the public health.
[Amended 11-24-2010 by Ord. No. 14-2010]
A.Â
Private collectors of solid waste must comply with
all requirements of this article and rules and regulations thereunder,
together with all laws of the State of New Jersey for recycling.
B.Â
Private collectors of solid waste must report to the
Recycling Coordinator the tonnage figures for all recyclable materials
collected in the City of Somers Point.
C.Â
Any person, firm, partnership or corporation violating
any of the provisions of this section shall, for a first conviction,
pay a fine of not less than $50 nor more than $200. For a second conviction,
the fine shall be not less than $200 nor more than $500. For a third
conviction, there shall be a fine of $500, together with forfeiture
of permit and prohibition against obtaining a new permit for two years.
[1]
Editor's Note: The licensing provisions of
this section shall be effective 1-1-1989.
A.Â
From the time of placement at the curb of any residence
or nonresidence of recyclable materials for collection by the City
of Somers Point in accordance with the terms hereof, such materials
shall be and become the property of the City of Somers Point or its
authorized agent. It shall be a violation of this article for any
person unauthorized by the city to collect or pick up or cause to
be collected or picked up any such recyclables. Each such collection
and violation thereof for one or more properties shall constitute
a separate and distinct offense punishable as hereinafter provided.
B.Â
Notwithstanding the provisions of the previous subsection,
any person who is an owner, lessor or occupant may donate or sell
recyclables to any person, partnership or corporation, whether operating
for profit or not for profit. Said person, partnership or corporation
may not, however, under any circumstances pick up any said recyclables
from curbside in the City of Somers Point, whether or not said recyclables
are placed at curbside on or immediately preceding regular curbside
collection. In the event that they are donated within the terms of
this article, it shall be the responsibility of the person or persons
accepting the donation to notify the Department of Public Works and
the Recycling Coordinator of the City of Somers Point so to afford
the City of Somers Point proper accounting of weight diverted from
the solid waste stream. Prior to collecting any recyclable materials,
the person, partnership or corporation operating for profit or not
for profit or a charitable, educational, cultural or religious organization
must register with the Department or Public Works and receive written
authorization to present while soliciting.
[Amended 11-24-2010 by Ord. No. 14-2010]
For new developments of multifamily residential
units or commercial, institutional or industrial properties (pursuant
to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c):
A.Â
Any application
to the Planning Board of the City of Somers Point 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 City of
Somers Point, 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.Â
Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
Any materials resulting from commercial landscapers,
lawn contractors, tree surgeons and the like must be disposed of by
the vendor.
[Amended 11-24-2010 by Ord. No. 14-2010]
The Code Enforcement Official, the Department
of Health, the Recycling Coordinator and the Atlantic County Department
of Health are hereby individually and severally empowered to enforce
the provisions of this article. An inspection may consist of sorting
through containers and opening solid waste bags to detect, by sound
or sight, the presence of any recyclable material.
[Amended 11-24-2010 by Ord. No. 14-2010]
A.Â
Any person, corporation, occupant or entity that violates or fails
to comply with any provision of this article or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250 or more than $1,000. Each
day for which a violation of this article occurs shall be considered
a separate offense.
B.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 trust fund shall be
used for the expenses of the municipal recycling program.
The Municipal Court of the City of Somers Point
shall have jurisdiction to hear complaints for violations of this
article.
[Amended 11-24-2010 by Ord. No. 14-2010]
A.Â
The City
Council shall designate a Recycling Coordinator, who shall have the
authority to administer the recycling program in the City of Somers
Point. The Recycling Coordinator shall be under the jurisdiction of
the Superintendent of Public Works.
B.Â
The City
of Somers Point accepts the recycling goal of 50% to be achieved by
2019.