[Adopted 9-21-2009 by Ord. No. 9-2009]
Editor's Note: This ordinance also repealed former Art. II, Recycling, adopted 7-21-2008 by Ord. No. 8-2008.
As used in this article, the following terms shall have the meanings indicated:
- ALUMINUM CANS
- Empty all-aluminum beverage and food containers.
- A container with the neck narrower then the body of the container.
- Brown corrugated boxes. It shall not include chipboard.
- A combining of nonputrescible source-separated recyclable materials for the purpose of recycling; not including five-gallon buckets.
- DESIGNATED RECYCLABLE MATERIALS
- Those materials designated within the Ocean County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include, but are not limited to: newspapers, mixed paper, cardboard, glass containers, aluminum cans, ferrous containers, plastic beverage containers (PET and HDPE, where the neck is smaller than the body of the container), auto batteries, motor oil, white goods, tires, leaves, stumps, tree trunks and brush.
- 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.
- FERROUS CONTAINERS
- Empty steel or tin food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass, porcelain and ceramic products.
- Clear and colored plastic bottles made of high-density polyethylene.
- INSTITUTIONAL ESTABLISHMENTS
- Those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and governmental offices.
- All foliage from trees and shrubs.
- MIXED PAPER
- Wastepaper of various kinds, including magazines, junk mail, used writing paper, used office paper, and used school papers. It shall not include chipboard.
- 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. 55:13A-1 et seq.).
- MUNICIPAL RECYCLING COORDINATOR
- The person or persons appointed by the municipal governing body 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.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Borough of Tuckerton.
- Paper of the type commonly referred to as "newsprint."
- Oil and liquid petroleum products.
- Every owner, lessee and occupant of a residence or commercial or institutional establishment within the boundaries of the Borough of Tuckerton.
- A plastic bottle made from polyethylene terephthalate; plastic soda bottles.
- RECYCLABLE MATERIAL
- 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.
- RECYCLING FACILITY
- A facility designed and operated solely for receiving, storing, processing and transferring source-separated, nonputrescible or source-separated commingled nonputrescible metal, glass, paper, plastic containers and corrugated and other cardboard or other recyclable materials approved by the New Jersey Department of Environmental Protection.
- 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.
- SOLID WASTE
- Garbage, refuse and other discarded solid material normally collected by a municipal or private hauler.
- 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
- 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.
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 Tuckerton, 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 Borough of Tuckerton or a department within the Borough of Tuckerton.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of the Borough of Tuckerton may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source-separation requirements of this article which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream the specified recyclable materials if those person have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this article, a commercial or institutional generator of solid waste shall file an application for exemption with the municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material. The exemption shall need to be renewed annually, with a new application for exemption as set forth above.
The collection of recyclable material shall be in the manner prescribed as follows:
All containers containing recyclable materials shall be placed, prior to collection, between the curb and the 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 no more than 24 hours immediately preceding the day of collection. After collection, any containers shall be removed from the curbside by no later than 24 hours after the day of collection.
The Borough Public Works Yard shall accept recycling at its site, for residents who cannot meet the time constraints for putting out the material the day prior set forth above.
All receptacles or dumpsters shall be maintained in accordance with the Health Code of the Borough of Tuckerton and kept in a clean and in a safe manner.
All containers, including those in flood-prone areas, shall be secured to prevent spillage from flooding, wind or other natural causes.
The owner or occupant 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. Violations 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 and institutional generators of solid waste shall be required to comply with the provisions of this article.
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or his/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 the Health Code, 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 or enforcement officer.
Any application to the Land Use Board of the Borough of Tuckerton for subdivision, site plan approval or other application for development 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 amounts of solid waste and recyclables generated at the proposed development;
A detailed description of all containers or dumpsters to be used for 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, 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, 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.
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Borough.
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 article and the local sanitary code.
Once placed in the location identified by this article or any rules or regulations promulgated pursuant to this article for collection, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
Recyclable material as described herein shall be the property of the Borough of Tuckerton once placed on the curbside or brought to a dropoff center.
It shall be a violation of this article for any person to pick up or cause to be picked up any recyclable materials, as defined herein, without the prior written authorization of the Borough. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
The Code Enforcement Officer, the Police Department, the Recycling Coordinator, the Zoning Officer, the Public Works Superintendent 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.
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 of not more than $2,000, imprisonment in the county jail for a term not exceeding 90 days, and/or a period of community service not exceeding 90 days. Each day for which a violation of this article occurs shall be considered a separate offense.
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.