[Adopted 9-21-2009 by Ord. No. 9-2009[1]]
[1]
Editor's Note: This ordinance also repealed former Art.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:
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.
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.
COMMINGLEDAll plastic bottles, aluminum and steel cans.
PAPERMagazines, catalogues, junk mail, used writing paper, newsprint, cardboard, 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.
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, blue glass, porcelain
and ceramic products.
Clear and colored plastic bottles made of high-density polyethylene.
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.
Wastepaper of various kinds, including magazines, junk mail,
used writing paper, used office paper, and used school papers. It
shall not include chipboard.
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.).
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.
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.
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.
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.
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.
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 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.Â
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.
B.Â
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this article.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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:
(1)Â
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development;
(2)Â
A detailed description of all containers or dumpsters to be used
for solid waste and recyclables generated at the proposed development;
and
(3)Â
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.Â
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.
C.Â
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Borough.
A.Â
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.Â
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.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
