[Adopted 9-15-2009 by Ord. No. 54-09[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III,
Recycling, adopted 4-14-1981 by Ord. No. 31-E-81, as amended.
As used in this article, the following terms shall have the
meanings indicated:
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 institutions 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.
COMMINGLEDAll plastic bottles, aluminum and steel cans, glass bottles and containers.
PAPERMagazines, catalogues, junk mail, used writing paper, newsprint, corrugated cardboard, and office and school paper; no chipboard or pizza boxes.
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 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. 5:13A-1 et seq.).
The person or persons appointed by the Township Council and
who shall be authorized to, among other things, enforce the provisions
of this article 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 Township
of Brick.
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.
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.
Recyclable materials which 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 or other
commercial locations, as well as government, school and other institutional
locations within the Township of Brick, to separate designated recyclable
materials from all solid waste. Designated recyclable materials shall
be deposited separate 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.
A.
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 any time after 6:00 p.m. of the day immediately preceding
the day of collection but no later than 7:00 a.m. of the day of collection.
After collection, any containers shall be removed from the curbside
no later than 8:00 a.m. of the day following the day of collection.
B.
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 article. 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 uses, except for single- and two-family dwellings, shall comply with the requirements of § 245-374, Solid waste storage.
A.
All commercial or institutional generators of solid waste shall be
required to comply with the provisions of this article.
B.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or his, her or its 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.
C.
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.
D.
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.
A.
Any application to the Planning Board of the Township of Brick 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 amount 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 and convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
B.
Prior to the issuance of a certificate of occupancy by the Township
of Brick, the owner of any new multifamily housing or commercial,
institutional, or industrial development must supply a copy of a duly
executed contract with 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 notice 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 article and the local sanitary
code.
C.
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.
The Code Enforcement Official, the Recycling Coordinator, the
Property Maintenance Official, the Housing Officer and the Ocean 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 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 article or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250 nor more than $1,000. Each
day for which a violation of this article occurs shall be considered
a separate offense.
B.
Fines levied and collected pursuant to the provisions of this article
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.
