[Amended 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; 11-14-2016 by Ord. No. 2016-20C; 2-11-2019 by Ord. No. 2019-2C12-13-2021 by Ord. No. 2021-40C]
A. 
There is hereby established a program for the mandatory separation of designated recyclable materials for the municipal solid waste stream by all persons and business establishments of any nature within the Borough, hereinafter sometimes referred to as "municipality."
B. 
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 and other commercial locations, as well as government, schools, and other institutional locations within the Borough of Beach Haven 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 manner and on such days and times as may be hereinafter established by regulations promulgated by the Department of Public Works.
The collection of recyclable material shall be in the manner prescribed as follows:
A. 
Separation of recyclables; placement for disposal.
(1) 
Recycling must be separated from other solid waste, and containers must be placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality's recycling regulations. The container for recyclable materials shall be clearly labeled, covered and placed at the curb or such other designated area for each collection. The use of plastic garbage bags of all types is prohibited. Recyclables shall be loose inside the container.
(2) 
Electronics must be placed curbside on the designated day and are picked up weekly. Electronics may also be dropped off at the Beach Haven Recycling Center during working hours.
(3) 
Other metals must be placed curbside on the designated day and are picked up weekly. Other metals may also be dropped off at the Beach Haven Recycling Center during working hours.
(4) 
Brush must be placed curbside on the designated day and are picked up weekly. Brush can be placed in containers or presented in bundles, not more than four feet in length, perpendicular to the street with the stump side facing the street.
B. 
Receptacle specifications.
(1) 
All recyclable material, as defined herein, shall be placed only in collection containers provided by the Borough of Beach Haven.
(a) 
All recycling shall be picked up on the dates set forth in the Beach Haven garbage and recycling schedule. Containers/carts will be returned, by the Public Works Department, to the side of the house.
(b) 
Curbside, as defined, must provide for unobstructed access.
(c) 
Containers shall not be collected from a corral.
(d) 
No corrals shall be located within the Borough right-of-way. Corrals shall only be permitted to the side of the house.
(2) 
Fees for receptacles. One recycling 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 rates:
[Amended 6-13-2022 by Ord. No. 2022-09C]
(a) 
Ninety-five-gallon: $75.
(b) 
Sixty-five-gallon: $70.
(3) 
Sufficient containers, as described in this section, shall be maintained for each building to accommodate recycling for a period of not less than seven days.
(4) 
Writing, marking or painting on the exterior of the receptacle in any manner is prohibited. Homeowners may write the house number or address on the underside of the lid only.
(5) 
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.
(6) 
Dumpster maintenance. All dumpsters shall be subject to proper dumpster maintenance as defined in this chapter.
The owner of any property shall be responsible for compliance with this ordinance. For multifamily units, the manager or owner is responsible for setting up and maintaining the recycling system, including collection of the recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or manager, in those instances where the violator is not easily identifiable. The manager shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
A. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
B. 
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. 
All recyclable materials must be in a receptacle. Loose materials will not be collected.
D. 
Commercial establishments shall be provided one ninety-five-gallon recycling cart at no cost to the establishment. An additional two ninety-five-gallon carts will be permitted at the owner's expense. If a commercial establishment's recyclable materials fit within three ninety-five-gallon carts, clean commingled recyclable materials shall be accepted. Commercial establishments who generate in excess of three ninety-five-gallon carts of commingled recyclable materials shall be ineligible from Beach Haven recycling collection of commingled materials and must contract with a private hauler. Further, commercial establishments who are ineligible for Beach Haven commingled recycling collection, based on volume, shall still be eligible for cardboard recycling collection only. Commercial establishments with carboard-only collection points must present their cardboard in a clean, well-maintained dumpster pursuant to § 173-11D.
E. 
Every business, institution, or industrial facility who contracts with a private hauler 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.
F. 
All food service establishments, as defined by the Health Department, 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 Land Use Board of the Borough of Beach Haven 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 amounts of solid waste and recyclables generated at the proposed development.
(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, 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 Borough of Beach Haven, the owner of any 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 the 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 separate 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 ordinance, or any rules or regulations promulgated pursuant to this ordinance, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
A. 
The Code Enforcement Official, the Department of Health, the Recycling Coordinator, 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.
B. 
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. Court appearance is required for violation of this article.
C. 
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 Recycling Trust Fund shall be used for the expenses of the municipal recycling program.