[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 6-3-2009 by Ord. No. 09-06. Amendments noted where applicable.]
Garbage; solid waste disposal — See Ch. 107.
Littering — See Ch. 118.
Zoning and land use — See Ch. 246.
Editor's Note: This chapter was adopted as Ch. 108, but was renumbered with the permission of the Borough in order to maintain the alphabetical organization of the Code.
As used in this chapter, the following terms shall have the meanings indicated:
- DESIGNATED RECYCLABLE MATERIALS
- Those materials designated within the Ocean County District Solid Waste Management Plan to be source separated for the purpose of recycling. For residential areas, those materials are: commingled (bottles, glass and cans), newspaper, mixed paper (magazines, catalogues, junk mail, used writing paper), leaves, white goods, tires, motor oil and batteries. For commercial, industrial and institutional sectors, those materials are: commingled (bottles, glass and cans), newspaper, cardboard, high-grade office paper, concrete, asphalt, brick, block stumps, tree parts, leaves, automobile batteries, motor oil, white goods, tires and ferrous and nonferrous scrap metal.
- SINGLE STREAM
- The combination of commingled and paper listed above in one container. Do not include plastic bags, food waste, paper towels, paper napkins, pizza boxes, egg cartons, aluminum foil, plastic cups and utensils. No plastic other than bottles. No juice boxes or bags. No garbage.
- 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 seasonal guests as those terms are defined under Subsection (j) of § 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
- Person or persons appointed by the Borough Council 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. Such person or persons shall have achieved professional certification in compliance with the requirements of N.J.S.A. 13:1E-99 et seq.
- MUNICIPAL SOLID WASTE STREAM (MSW)
- All solid waste generated at residential, commercial and institutional establishments within the boundaries of the Borough of Seaside Heights.
- RECYCLABLE MATERIALS
- 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-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.
- SOURCE SEPARATION
- Process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
Editor's Note: N.J.S.A. 13:1E-99 was repealed by L. 1987, c. 74, § 11, effective 3-11-1987. See N.J.S.A. 13:1E-99.16.
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 or other commercial locations, as well as government, schools and other institutional locations within the Borough of Seaside Heights, 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 and shall be placed separately at the curb in a clean and safe manner to coincide with the designated recycling schedule.
All containers containing recyclable materials shall be placed, prior to collection, between the curb and 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 obstruction 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 anytime after 6:00 p.m. on the day immediately preceding the day of collection, but no later than 7:00 a.m. on the day of collection. After collection, any containers shall be removed from the curbside no later than 8:00 a.m. the day following the day of collection.
All receptacles or dumpsters shall be maintained in a clean and safe manner.
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. 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.
All commercial or institutional generators 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 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.
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 its 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 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.
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) shall comply with the following:
Any application to the Planning Board of the Borough of Seaside Heights 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 amount 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, in a convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator.
Prior to the issuance of a certificate of occupancy by the Borough of Seaside Heights, 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.
Provisions 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 notice 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 Recycling Coordinator, the Property Maintenance Official, the Housing Officer and the Seaside Heights Department of Health are hereby individually and severally empowered to enforce the provisions of this chapter. 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.
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 of not less than $250 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. Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.