This chapter shall be known and may be cited as the "Lavallette
Garbage, Trash and Recycling Ordinance."
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
A. Words
used in the present tense include the future; the singular number
includes the plural and the plural the singular; and the word "shall"
is mandatory and not discretionary.
B. The
term "such as," where used herein, shall be considered as introducing
typical or illustrative, rather than an entirely exclusive or inclusive,
designation of items.
The words, terms and phrases used in this chapter shall have
the following meanings:
ALUMINUM
Includes all small disposable items made of aluminum, such
as empty all-aluminum beverage and food containers, foil wrappers
and containers for prepared food. Aluminum furniture and window frames
and similar large aluminum items are not included in this definition.
BATTERIES
Any of a collection of six- or twelve-volt, lead-acid batteries
commonly used in automobiles, marine vehicles or other vehicles and
any of the variety of batteries used in flashlights or other battery-operated
equipment and any battery as defined under N.J.S.A. 13:1E-99.61.
BULKY WASTE
Large items of solid waste which, because of their size or
weight, require handling other than normally used for municipal waste.
Bulky waste includes, but is not limited to, such items as tree trunks,
auto bodies, demolition or construction materials, appliances, furniture
and drums.
CORRUGATED CARDBOARD
A stiff, moderately thick paperboard commonly used in medium
and large boxes or containers, and is characterized by a paper core
formed or shaped into wrinkles or folds.
DESIGNATED RECYCLABLES/MATERIALS
Those recyclable materials selected by the Mayor and Council
in this chapter to be placed at curbside for collection by the Department
of Public Works employees on days designated in the recycling regulations
to be passed by the Mayor and Council.
DUAL STREAM
A.
Commingled: all plastic bottles, aluminum and steel cans.
B.
Paper: magazines, catalogs junk mail, used writing paper, telephone
books, newsprint, cardboard, office and school paper. No shipboard
or pizza boxes.
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.
GARBAGE
Rubbish and unwanted food and waste and materials normally
produced by the occupants of commercial and residential property and
disposed of by private or municipal pickup.
GLASS
Includes all products made from silica or sand, soda ash
and limestone; products for the purpose of this chapter are transparent
or translucent and include bottles and jars made of clear, green or
brown glass. Expressly excluded are noncontainer glass, flat glass
commonly known as "window plate glass," blue glass and porcelain and
ceramic products.
INDUSTRIAL/HAZARDOUS WASTE
Any waste or combination of wastes which poses a present
or potential threat to human health, living organisms or the environment,
including, but not limited to, waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing, biologically infectious, explosive
or flammable (including propane tanks), and any waste so designated
by the United States Environmental Protection Agency. Hazardous waste
includes radioactive waste, and any other substance or material defined
as "hazardous" by the Northern Recycling Center in Lakewood.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including
but not limited to schools, libraries and governmental offices.
MIXED PAPERS
All paper, including but not limited to advertising flyers,
envelopes, mail, paper bags, and similar paper items other than newspapers.
Magazines and other periodicals are also classified as mixed papers.
Expressly excluded, however, are all magazines or other periodicals
which have been soiled. Magazines or other periodicals shall be deemed
soiled if they have been exposed to substances (such as oil or chemicals)
or conditions rendering them unusable for recycling.
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the governing body 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.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated as residential, commercial, and
institutional establishments within the boundaries of the Borough
of Lavallette.
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 section 3 of the "Hotel and Multiple Dwelling Law,"
P.L. 1967, c. 76 (N.J.S.A. 55:13 A-1 et seq.).
NEWSPAPERS
Paper of the type commonly referred to as "newsprint." Expressly
excluded, however, are newspapers which have been soiled. Newspapers
shall be deemed soiled if they have been exposed to substances (such
as oil or chemicals) or conditions rendering them unusable for recycling.
PERSON
Any individual, trust, firm, joint-stock company, federal
agency, corporation (including a government corporation), corporate
official, partnership, association, state, municipality, commission,
political subdivision of a state, or any interstate body.
PLASTIC BAGS
Dark-colored, heavy-gauge plastic bags at least one mil in
thickness, which are to be used to contain household garbage and other
trash that is placed at the curbside for municipal collection.
RECYCLABLE MATERIALS
Those materials which would otherwise become nonhazardous solid waste which can be separated, collected and processed and returned to the economic mainstream in the form of raw materials or products, and for purposes of this chapter shall specifically include those materials that are designated in §
55-13 of this chapter and are required to be separated from other garbage and trash.
SINGLE STREAM
The combination of commingled and paper listed in the definition
of "dual stream" 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 and bags; no garbage.
SOLID WASTE
Garbage, refuse, and other discarded materials resulting
from industrial, commercial and agricultural operations, and from
domestic and community activities, and shall include all other waste
materials, including liquids, except for solid animal and vegetable
wastes collected by swine producers licensed by the State Department
of Agriculture to collect, prepare and feed such wastes to swine on
their own farms.
SOURCE SEPARATED or 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.
TRASH
Material in a crumbled or broken condition or mass; also
includes branches and other debris from pruning or processing of plant
material.
Any word or term defined within this section which conflicts
in whole or in part with a state statutory or regulatory definition
under N.J.S.A. 13:1E-1 et seq. and/or N.J.A.C. 7:26-1.1 et seq. is
hereby declared null and void and hereinafter deemed replaced by the
applicable statutory or regulatory definition.