[Amended 12-10-2001 by Ord. No. 2001-16; 2-9-2004 by Ord. No.
2004-1; 12-8-2008 by Ord. No. 2008-13; 9-14-2009 by Ord. No.
2009-20; 9-13-2010 by Ord. No. 2010-20; 12-13-2010 by Ord. No. 2010-26; 1-9-2012 by Ord. No. 2011-24C]
This article may be known and may be cited as
the "Solid Waste Ordinance of the Borough of Beach Haven."
The words, terms and phrases used in this chapter
shall have the following meanings:
Empty all-aluminum beverage and food containers.
Tree trimmings, bush trimmings, tree limbs and branches with
a diameter of four inches or less.
Those properties used primarily for commercial purposes,
including bed-and-breakfasts.
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include: aluminum cans, aluminum foil,
ferrous containers, glass containers, paper, corrugated cardboard,
cereal/tissue boxes, plastic containers, electronics, metals, automobile
batteries, white goods and brush. In addition, for construction jobs
on residential, commercial, industrial and institutional properties
shall recycle: concrete, cement blocks, bricks, asphalt, ferrous scrap,
nonferrous scrap, stumps and tree trunks. Also referred to herein
as "recycling," "recyclables," or "recycling material."
[Added 12-13-2021 by Ord.
No. 2021-40C]
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
[Added 12-13-2021 by Ord.
No. 2021-40C]
A construction, renovation, or demolition project for which
a building permit or a demolition permit is required, and for which
a dumpster or roll-off container shall be placed on the premises for
the purpose of placement of solid waste material.
Any area within 15 feet of the edge of the paved cartway
and within the dedicated public right-of-way.
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include: aluminum cans, aluminum foil,
ferrous containers, glass containers, paper, corrugated cardboard,
cereal/tissue boxes, plastic containers, electronics, metals, automobile
batteries, white goods and brush. Also referred to herein as "recycling,"
"recyclables," or "recycling material."
[Amended 12-13-2021 by Ord. No. 2021-40C]
All dumpster owners must properly maintain their dumpsters.
Dumpsters must be shielded on at least three sides in a manner which
obstructs the dumpster from view. All wheels must turn and pivot freely
under a full load. All wheels must be adequate in size to turn and
pivot freely under load and on the surface at the dumpster site. Lids
must be of the correct size and securely attached and work as originally
designed by the dumpster manufacturer. Dumpsters must be watertight
on top and bottom to prevent rainwater from entering and waste fluids
from escaping. Dumpsters shall not be overloaded. The Borough may
establish an hourly rate for dumpster maintenance by resolution annually.
[Amended 12-13-2021 by Ord. No. 2021-40C]
Televisions, computers, laptops, monitors, DVD players, VCRs,
fax machines and desktop printers.
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.
[Added 12-13-2021 by Ord.
No. 2021-40C]
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, and porcelain and ceramic
products.
Waste material so defined or described in any statute or
regulation adopted by the Congress of the United States of America
or the Legislature of the State of New Jersey or any regulation adopted
by the State of New Jersey Department of Environmental Protection
or the United States Environmental Protection Agency. Specifically,
it shall include all poisons and pollutants in liquid, solid or gaseous
form; includes such items, by way of illustration and not by way of
exclusion, as lead, mercury, Freon, poisons of all kinds, insecticides,
acids, paints and chemicals.
Those facilities that house or serve groups of people, including
but not limited to schools, nursing homes, libraries and governmental
offices.
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.), including hotels, motels or other guest houses serving
transient or seasonal guests, as those terms are defined under Subsection
(j) of Section 3 of the Hotel and Multiple Dwelling Law (N.J.S.A.
55:13A-1 et seq.).
A three-sided enclosure that hides garbage and recycling
carts.
[Added 12-13-2021 by Ord.
No. 2021-40C]
Any building or structure, or complex of buildings in which
three or more dwelling units are owner-occupied, rented, leased, or
offered for rental or lease, for residential purposes and shall include
hotels, motels, or other guest houses serving transient or seasonal
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.).
[Added 12-13-2021 by Ord.
No. 2021-40C]
The person appointed by the municipal governing body who
shall be authorized to, among other things, enforce the provisions
of this chapter and any rules and regulations which may be promulgated
hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of Beach Haven.
[Amended 12-13-2021 by Ord. No. 2021-40C]
Overloading is defined as any material not completely inside
the dumpster when the lid(s) is(are) fully closed.
Magazines, catalogs, junk mail, used writing paper, newsprint,
corrugated cardboard, office and school paper; no chipboard, pressed
cardboard, or pizza boxes.
Every owner, lessee and occupant of a residential, commercial
or institutional establishment within the boundaries of the Borough
of Beach Haven.
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.
[Amended 12-13-2021 by Ord. No. 2021-40C]
Any occupied single-family or multifamily dwelling having
up to four dwelling units per structure, from which a municipal or
private hauler collects solid waste.
Paper, ashes, paper boxes, paper cartons and house sweepings
accumulated by the householder in the ordinary course of housekeeping
and odds and ends of plaster due to small repairs and small pieces
of wood up to three feet in length and bundled with a weight not to
exceed 40 pounds. Rubbish is not to include the miscellaneous refuse
and debris from the construction or alteration of buildings which
requires a permit nor any material defined as "recyclable materials."
The combination of aluminum cans, plastic, ferrous and glass
containers and paper as listed above in one container. This does not
include plastic bags, food waste, paper towels, paper napkins, pizza
boxes, egg cartons, aluminum foil, plastic cups and utensils. No plastic
other than containers in which the opening is smaller than the container.
No juice boxes or bags. No garbage.
Garbage, refuse and other discarded solid material normally
collected by a municipal or private hauler.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for purposes
of recycling.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for purposes of recycling.
Appliances, air conditioners, refrigerators, stoves, hot-water
heaters, ice makers, freezers and the like.
[Amended 2-11-2019 by Ord. No. 2019-2C]
A.
All solid waste, as defined herein, shall only be
placed in collection containers provided by the Borough of Beach Haven.
(1)
All solid waste shall be picked up at curbside on
the dates set forth in the Beach Haven garbage and recycling schedule.
Containers will be returned, by the Public Works Department, to the
side of the house or at a location agreed upon by the homeowner and
Public Works Superintendent/Supervisor.
(2)
Curbside,
as defined, must provide for unobstructed access.
(3)
Containers
shall not be collected from a corral.
(4)
No
trash corrals shall be located within the Borough right-of-way. Trash
corrals shall only be permitted to the side of the house or at a location
agreed upon in writing by the homeowner and Public Works Superintendent/Supervisor.
B.
Fees for receptacles. One solid waste container will
be provided to each homeowner free of charge. Any additional cans
requested by the homeowner can be purchased from the Borough of Beach
Haven at the following rate:
[Amended 6-13-2022 by Ord. No. 2022-09C]
C.
Sufficient containers, as described in this section,
shall be maintained for each building to accommodate solid waste and
rubbish for a period of not less than seven days.
D.
Sufficient containers, as described in this section, shall be maintained
for each building to accommodate solid waste and rubbish for a period
of not less than seven days.
E.
Lost or stolen containers will be replaced only after a police report
is filed with the Beach Haven Police Department. The Borough reserves
the right to charge for replacement containers.
A.
Business and commercial establishments shall utilize
collection containers provided by the Borough of Beach Haven only.
Each residence shall be limited to a maximum of three ninety-five-gallon
containers. Any business or commercial establishment requiring more
than three containers or receptacles shall be required to contract
with an outside vendor for trash and solid waste collection service.
If an outside vendor is actively collecting solid waste for an establishment,
collection of cans by the Borough shall not be offered.
[Amended 12-8-2014 by Ord. No. 2014-26C; 3-12-2018 by Ord. No. 2018-6C; 2-11-2019 by Ord. No. 2019-2C]
B.
During the
off-season, October 15 through May 15 annually, business and commercial
establishments shall receive solid waste and trash pickup one day
per week. At all other times, business and commercial establishments
shall receive solid waste and trash pickup two days each week.
[Amended 12-8-2014 by Ord. No. 2014-26C; 3-12-2018 by Ord. No. 2018-6C]
C.
Businesses
shall place cans at curbside on the established pickup day and remove
them by 1:00 p.m. or within one hour of emptying, whichever is later,
the same day.
D.
All commercial
establishments maintaining solid waste and trash receptacles outside
their buildings shall keep such receptacles covered and within a closely
fenced enclosure so as to prevent any scattering of such solid waste
or trash.
E.
All dumpster
owners must properly maintain their dumpsters. All wheels must turn
and pivot freely under a full load. All wheels must be adequate in
size to turn and pivot freely under load and on the surface at the
dumpster site. Lids must be of the correct size and securely attached
and work as originally designed by the dumpster manufacturer. Dumpsters
must be watertight on top and bottom to prevent rainwater from entering
and waste fluids from escaping. Dumpsters shall not be overloaded.
"Overloading" is defined as any material not completely inside the
dumpster when the lid(s) is(are) fully closed.
A.
It shall be unlawful for any residential property
owner to store or permit the accumulation of any bulk trash, including
but not limited to white goods, household appliances, furniture and
mattresses, refrigerators, freezers, and air conditioners, except
in a fully enclosed structure.
B.
Bulk trash
shall not be placed at curbside for pickup for a period of time to
exceed seven days. During the period from June 15 to September 15,
the disposal of extraordinary bulk trash shall be the responsibility
of the property owner.
