[Adopted 7-15-2008 by Ord. No. 1538[1]]
[1]
Editor's Note: This article also repealed
former Art. II, Recycling, adopted 11-4-1987 by Ord. No. 976, as amended.
This article shall be known and may be cited
as the "City of North Wildwood Recycling Program Ordinance."
For the purpose of this article, the following
definitions shall apply unless the context clearly indicates or requires
a different meaning:
Those materials designated within the Cape May County Solid
Waste Management Plan to be source-separated for the purpose of recycling
by residential, commercial, institutional and industrial sectors.
The recycling of these materials is mandatory; they cannot be disposed
of as solid waste. The source-separated recyclable materials that
are mandated for recycling are organized into the following two categories,
which include but are not limited to:
Category 1: designated recyclable materials to be set out at
curbside. The following source-separated recyclable materials shall
be mixed together and set out at curbside for collection; this set-out-and-collection
system shall be known as "single-stream collection." The following
items are included as "single-stream recyclable materials":
Paper products: newspaper with inserts, magazines, office paper,
junk mail, including shredded paper, telephone and paperback books,
corrugated cardboard, brown paper bags, nonfoil wrapping paper, chipboard
packaging, including, but not limited to, dry food boxes (cereal,
rice, pasta, cookie and cracker), gift, shoe and tissue boxes, powdered
detergent boxes, paper towel rolls, clean pizza boxes (no food debris)
and cardboard beverage carriers. Remove and throw away all liner bags,
food-contaminated paper and waxed-coated cardboard boxes. Shredded
paper may be placed in a clear plastic bag.
Glass, food and beverage containers: clear, green and brown
food and beverage bottles and jars, excluding, however, blue bottles,
window glass and light bulbs. All food and liquid residue shall be
removed from containers.
Metal food and beverage containers: aluminum and steel food
and beverage containers five gallons or less in size, including empty
aerosol cans. No paint cans. All food and liquid residue shall be
removed from containers.
Plastic containers: plastic containers imprinted with a (PETE),
(HDPE), (PVC), (LDPE), (PP), (PS) or (Other) on the bottom, five gallons
or less in size, including bottles, jugs, jars and other rigid plastic
containers. Plastic containers from food, beverage, health, beauty
and cleaning products are included. Examples include, but are not
limited to, margarine tubs, microwave trays, yogurt containers, plastic
buckets and landscape pots. No Styrofoam packaging. No polystyrene
egg cartons. No beverage cups. No PVC pipe. No plastic film. No plastics
which contained chemicals or hazardous products, such as motor oil
or pesticide containers. All food and liquid residue shall be removed
from containers.
Category 2: designated materials to be recycled by the individual
generator or municipality via drop off at Cape May County Municipal
Utilities Authority (CMCMUA) or private NJDEP-approved recycling facilities,
as applicable:
Christmas trees: free of decorations, tree stands and plastic
bags;
Leaves: comprised mainly of tree and plant leaves and not contaminated
with brush or other material;
Grass: lawn grass clippings;
Brush, tree branches and stumps: all parts of vegetative growth
from trees, and vegetative materials generated during land clearing;
Ferrous and nonferrous scrap: metals such as copper, iron, sheet
metal, aluminum, radiators, structural steel and metal pipe.
[Amended 5-6-2014 by Ord.
No. 1646]
(Reserved)[1]
Motor oil/kerosene/No. 2 heating oil: crank-case oil and similar
oils, kerosene fuel and No. 2 home heating oil which are used to fuel
heating equipment;
Wood pallets and crates: clean, untreated, unpainted pallets
and crates only;
Batteries; lead acid batteries: used SLA (sealed lead acid)
batteries generated from motor vehicles, aviation and marine equipment;
Propane tanks: empty twenty- to thirty-pound BBQ-type tanks;
Contaminated soil: If classified as ID27, all fuel-contaminated
soil, dewatered soil, and stone from septic beds and similar materials
which are allowed to be recycled in accordance with the regulations
of the New Jersey Department of Environmental Protection;
Commercial cooking grease: grease and oil generated from food
preparation by commercial sources only;
Asphalt and concrete: asphalt and concrete materials from construction
and demolition projects;
Auto and truck bodies: all junk automobiles, trucks and parts;
Tires: worn truck and passenger car tires;
Used oil filters: used filters that are generated from changing
crankcase oil in automobiles, trucks and other vehicles;
Antifreeze: used antifreeze generated from automobiles, trucks
and other vehicles/sources; and
Consumer rechargeable NiCad (Nickel-Cadmium) and small sealed
lead acid batteries: small sealed batteries generated from use of
electronic equipment.
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
article, and any rules and regulations which may be promulgated hereunder.
This appointee shall also be responsible to assure that all materials
recycled in the municipality are properly reported and recorded. The
New Jersey Mandatory Source Separation and Recycling Act[2] requires that each municipality appoint at least one individual
as Municipal Recycling Coordinator who has successfully completed
all requirements mandated by the State of New Jersey to be designated
as a New Jersey certified recycling professional.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the City of
North Wildwood.
The New Jersey Department of Environmental Protection.
Those materials recommended within the Cape May County Solid
Waste Management Plan to be source-separated for the purpose of recycling
by residential, commercial, institutional and industrial sectors.
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.
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.
[Amended 4-16-2013 by Ord. No. 1620]
A.
Mandatory source separation. It shall be mandatory
for all persons who are owners, lessees, tenants or occupants of residential
and nonresidential premises, including but not limited to retail and
commercial locations, government, schools and other institutional
locations within the municipality of North Wildwood, to separate designated
recyclable materials from all solid waste.
(1)
Category 1 designated recyclable materials shall be
placed at the curb in a manner and on such days and times as may be
established by North Wildwood.
(2)
When municipal curbside collection is not provided
for designated recyclable materials, as is the case for those recyclables
included in Category 2, it shall be the obligation of the generator
to deliver or arrange for the delivery of such materials to the Cape
May County Municipal Utilities Authority (CMCMUA) recycling facilities
located at the sanitary landfill and or transfer station, as applicable,
or to a private sector market for recycling.
The collection of source-separated recyclable
materials shall be in the manner prescribed as follows:
A.
It is the responsibility of the property owner to
provide adequate size and number of containers for the placement of
recyclables for curbside collection as follows: single-stream recyclable
materials as defined in Category 1 shall be mixed together in one
container. More than one container may be used for single-stream recyclable
materials; however, each container used should be marked or labeled
to identify its contents as single-stream recyclable materials. All
set-out containers which contain single-stream 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 recycled
shall be placed as noted above any time after 5:00 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 by no later than 7:00 p.m. of the day
of collection.
[Amended 4-16-2013 by Ord. No. 1620; 3-15-2022 by Ord. No. 1865]
B.
All receptacles or dumpsters shall be maintained in
a clean and safe manner.
C.
The following materials must be source separated and
recycled through the municipal recycling program in the following
manner:
(1)
Christmas trees: curbside from December 27 to January
28;
(2)
Brush, tree branches and tree stumps: curbside;
(3)
White goods: curbside after permit paid for at City
Hall;
(4)
Ferrous and nonferrous scrap: curbside and or conveyance
center;
(5)
Electronics: curbside and or conveyance center;
(6)
Antifreeze: conveyance center;
(7)
Batteries: conveyance center;
(8)
Used motor oil: conveyance center; and
(9)
Cooking grease: conveyance center.
D.
The following materials must be source separated and
recycled by the generator at authorized CMCMUA recycling facilities
or any NJDEP approved recycling center:
(1)
Wood pallets and crates: www.cmcmua.com;
(2)
Leaves and grass: www.cmcmua.com;
(3)
Propane tanks: www.cmcmua.com;
(4)
Tires: www.cmcmua.com;
(5)
Kerosene or No. 2 heating oil: www.cmcmua.com;
(6)
Asphalt and concrete: www.cmcmua.com;
(7)
Auto and truck bodies: www.cmcmua.com;
(8)
Contaminated soil: www.cmcmua.com; and
(9)
Consumer rechargeable NiCad and small sealed lead
acid batteries.
[Amended 4-16-2013 by Ord. No. 1620]
The owner of each property shall be responsible
for compliance with this article. For multifamily units, including
but not limited to condominium complexes and seasonal hotel or motels
and guest houses, the management or owner is responsible for setting
up and maintaining the recycling system, including collection of designated
recyclable materials, except for those designated recyclable materials
for which municipal collection service is provided to multifamily
units. Violations and penalty notices will be directed to the owner
and management in those instances where the violator is not easily
identifiable. The owner and management shall issue notification and
collection rules regarding recycling requirements to all new tenants
when they arrive and with a reminder a minimum of every six months
during their occupancy.
A.
All commercial, business or industrial facilities
shall be required to comply with the provisions of this article.
B.
The arrangement for collection of all categories of
designated recyclable materials hereunder shall be the responsibility
of the commercial, institutional or industrial property owner or their
designee, except for those specific designated recyclable materials
that are collected by the municipality from that property. All commercial,
institutional or industrial properties at which litter is generated
by employees or the public shall provide litter and recycling receptacles.
These properties shall provide for separate recycling collection services
for the contents of the recycling receptacles.
[Amended 4-16-2013 by Ord. No. 1620]
C.
Every business, institution or industrial facility
shall report on a quarterly basis to the Municipal Recycling Coordinator,
on such forms as may be prescribed, regarding recycling activities
at their premises, including the amount and type of recycled material
not placed curbside for municipal collection. If material is removed
from the premises by a hauler, recycler or paper shredder, the quantity
and final disposition of the material is to be reported on the form.
D.
All food service establishments, as defined in the
Health Code, shall, in addition to compliance with all other recycling
requirements, be required to recycle commercial cooking 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.
[Amended 4-16-2013 by Ord. No. 1620]
A.
Any application to the Planning Board of the City
of North Wildwood, for subdivision or site plan approval for the construction
of multifamily dwellings of three or more units, single-family developments
of three or more units or any commercial, institutional or industrial
development of 1,000 square feet or more, must include a recycling
plan. This plan shall 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;
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, 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 City of North Wildwood, 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 designated
recyclable materials for those locations or properties where the municipality
does not otherwise provide this service.
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 owner or occupant
to properly segregate the uncollected waste for proper disposal and
or recycling. Allowing such unseparated solid waste and recyclables
to accumulate at the curbside beyond 7:00 p.m. on the day of collection
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 any personnel authorized by the municipality
or the owner or occupant responsible for placement of the designated
recyclable materials for collection, shall tamper with, collect, remove,
or otherwise handle designated recyclable materials. Upon placement
of such designated recyclable material, it shall become property of
the municipality or its authorized agent. It shall be a violation
of this article for any person not duly authorized to collect or pick
up or cause to be collected or picked up any recyclable materials
that are the property of the municipality as provided for above.
[Amended 4-16-2013 by Ord. No. 1620]
A.
For all activities that require municipal approval, such as construction, demolition or special events, as defined in § 376-1, a designated recyclable materials plan shall be filed along with all other required permit conditions. The plan shall include provisions for the recovery of all designated recyclable materials generated during construction, renovation, demolition and special event activities.
B.
The Municipal Recycling Coordinator shall review the information
submitted pursuant to this section of the article and determine, prior
to the issuance of the municipal approval or permit, whether the plan
submitted by the owner of the entity carrying out the covered activity
will comply or fail to comply with the recycling requirements set
forth herein. The determination regarding compliance will be provided
to the Municipal Public Works Director/Supervisor and the owner of
the entity carrying out the covered project in writing. When such
plan is deemed not compliant, the Municipal Recycling Coordinator
shall include specific conditions to be implemented by the permit
holder or special event sponsor to achieve compliance. It shall be
a violation of this article for any owner or permit holder or special
event sponsor to fail to comply with the recycling requirements set
forth herein. This section shall not be deemed to apply to construction
or demolition conducted by the City of North Wildwood or its authorized
agents or to special events that are sponsored by the City of North
Wildwood.
Any law enforcement officer, the Municipal Recycling
Coordinator, the Superintendent of Public Works and/or their designees,
individually and severally, are empowered to enforce the provisions
of this article. The enforcers of the ordinance may conduct an inspection
at the site of the generator, which consists of sorting through containers
and opening of solid waste bags to detect, by sound or sight, the
presence of any designated recyclable material. Additionally, the
Cape May County Health Department (CMCHD), upon specific written notification
from the City of North Wildwood then shall be empowered to enforce
the provisions of this article. The municipality shall retain primary
enforcement responsibility with the CMCHD serving in a secondary enforcement
role which includes inspection of commercial establishments with proof
of prior law enforcement actions.
[Amended 3-15-2022 by Ord. No. 1865]
The governing body is hereby authorized to promulgate,
from time to time, additional rules and regulations relating to the
source separation, preparation, placement and collection of recyclable
materials pursuant to the provisions of this article and consistent
with rules and regulations which may be promulgated from time to time
by the New Jersey Department of Environmental Protection; provided,
however, that such rules and regulations shall not be inconsistent
with terms and provisions of this article and shall be approved by
the governing body. Such rules and regulations shall be duly promulgated
subsequent to publication so that the public has had notice thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or entity violating, or failing to
comply with, any of the provisions provided in this article, upon
conviction thereof, shall be punishable by a fine of not more than
$2,000, imprisonment for not more than 90 days, or community service
for not more than 90 days, or any combination thereof, in the discretion
of the Municipal Judge. The continuation of any violation for each
successive day shall constitute a separate offense, and the person,
persons, or entity allowing or permitting the continuation of the
violation may be punished as provided above for each separate offense.
Any violation may be afforded one warning at the discretion of the
enforcement designees before the issuance of any fines.
