[Adopted 3-10-2010 by Ord. No. 04-2010]
Proper management of solid waste is an important matter of public
health and safety. The source separation and recovery of certain recyclable
materials will serve the public interest by conserving energy and
natural resources, and reducing waste disposal expenses. In accordance
with the requirements of the New Jersey Mandatory Source Separation
and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the 2009 Update
to the Monmouth County Solid Waste Management Plan, it is therefore
necessary to update and amend existing municipal rules and regulations
for the separation, storage, collection and recovery of designated
recyclable materials.
A.
It shall be mandatory for all persons who are owners, lessees and
occupants of residential property, of business and industrial properties,
and of private or public and government institutions and buildings,
to separate newspaper, corrugated cardboard, clean mixed paper, aluminum
cans, tin and bimetal cans, glass bottles and jars, and pourable plastic
bottles ("designated recyclables"), from all other solid waste produced
by such residences and establishments, for the collection and ultimate
recycling of such materials.
B.
ALUMINUM CANS
CLEAN MIXED PAPER
CORRUGATED CARDBOARD
GLASS BOTTLES AND JARS
NEWSPAPER
POURABLE PLASTIC CONTAINERS
TIN AND BIMETAL CANS
Definitions. As used in this article, the following terms shall have
the meanings indicated:
All disposable cans made of aluminum used for food or beverages.
Specifically excluded are aluminum foils, pie tins, trays, cookware
and other aluminum products.
High-grade bond paper, mixed office and school papers, such
as stationary, construction paper and writing tablets, including computer
printouts, magazines, gift wrapping paper, softcover books, junk mail
and single-layer cardboard (chipboard). Specifically excluded are
carbon papers, hardcover books (unless cover and binder are removed),
paper cups and plates, food wrappers or any other paper contaminated
by direct contact with food products, and paper products used for
personal hygiene, such as tissues.
Layered cardboard including a waffled section between the
layers, of the type commonly used to make boxes and cartons. Specifically
excluded are waxed cardboard and any cardboard contaminated by direct
contact with food, such as pizza boxes.
Transparent or translucent containers made from silica or
sand, soda ash and limestone, used for the packaging or bottling of
various products. Specifically excluded are dishware, light bulbs,
window glass, ceramics and other glass products.
Includes paper of the type commonly referred to as newsprint
and includes any inserts which are normally included in the newspaper.
Specifically excluded are any pages of the newspaper used for household
projects and crafts, such as painting or papier-mache projects, or
used for cleanup of pet waste.
Plastic bottles where the neck is smaller than the body of
the container, and is limited to plastic resin type #1 PETE and plastic
resin type #2 HDPE. Specifically excluded are other resin types (#2
through #7) and non-bottle plastic containers such as margarine tubs
and other consumer items and packages, such as film plastics, blister
packaging, boxes, baskets, toys and other products.
All disposable cans made of tin, steel or a combination of
metals including, but not limited to, containers commonly used for
food products. Specifically excluded are cans which contain toxic
products, such as paints and oils.
C.
Residences, businesses and institutions provided with recyclables
collection service by municipal forces or through municipal contract
shall place all designated recyclables in the appropriate containers
at curbside or other area(s) in the manner and schedule as regularly
published and distributed by the municipality.
D.
Any multifamily complex, business or institution not provided recyclables
collection service by municipal forces or through municipal contract
shall be responsible for arranging the appropriate separation, storage,
collection and ultimate recycling of all designated recyclables.
E.
Any multifamily complex, business or institution which is not provided
recyclables collection service by municipal forces or through municipal
contract shall provide the municipality with, at a minimum, an annual
report describing arrangements for both solid waste and recyclables
collection services, including the size, number and location of storage
containers, frequency of pickup service, the name and address of any
contractor hired to provide such service, and phone and other contact
information for the contractor.
F.
Leaves shall be kept separate from other vegetative waste, and shall
only be placed for collection in the manner and schedule as shall
be published and distributed by the municipality. Grass clippings
shall not be placed with other materials for solid waste collection.
This requirement shall not prohibit any person or establishment from
making arrangements to collect leaves and grass directly from their
property through their own efforts or via contract with a landscape
service or other appropriate company, for direct transportation to
a permitted recycling operation.
G.
The following bulky recyclables shall not be placed with solid waste
at the curbside or in containers provided for waste collection and
transportation to a disposal facility: concrete, asphalt, brick, block,
tree stumps, and tree limbs over three inches in diameter, metal appliances
or bulk metal items larger than one cubic foot and/or heavier than
five pounds.
H.
Automotive and other vehicle or wet cell batteries, used motor oil
and antifreeze shall not be disposed as solid waste. Such items are
to be kept separate from other waste materials and recyclables, and
brought to local service stations, scrap yards, or publicly-operated
recycling facilities designed and permitted to handle such products.
I.
Common, nonrechargeable dry- cell batteries, commonly labeled A,
AA, AAA, C, D and nine-volt, may be disposed with regular municipal
solid waste; however, rechargeable dry cell and button batteries still
contain significant amounts of various toxic metals, including mercury,
and shall be separated and brought to retail outlets or publicly operated
recycling facilities providing specific arrangements for the proper
packaging and shipment of rechargeable and/or button batteries to
appropriate processing facilities.
J.
Computers, computer monitors and other related electronic hardware,
as well as analog and digital televisions, are prohibited from being
placed with other solid waste for disposal. These and other electronic
devices shall be kept separate and brought to retail outlets or publicly
operated recycling facilities providing specific arrangements for
shipment of these items to appropriate processing facilities.
A.
All designated recyclables become the property of the municipality
and/or the contracted collector once placed at the curbside, in a
container provided by the contractor, or brought to and accepted at
the Municipal Recycling Depot.
B.
It shall be a violation of this section for any unauthorized person
to pick up or cause to be picked up, any recyclable materials as defined
herein. Each such collection shall constitute a separate and distinct
offense.
C.
Notwithstanding anything herein to the contrary, any person may donate
or sell self-generated recyclable materials to any person, partnership
or corporation, whether or not operating for profit. The person, partnership
or corporation, however, shall not pick up the recyclable materials
at curbside.
A.
No liquids of any type shall be placed with recyclables, or with
solid waste for collection and disposal.
B.
No chemicals, liquid paints, pesticides, herbicides, reactive polishes
or cleansers, cleaning or automotive products, or other hazardous
wastes shall be placed with recyclables, or with solid waste for collection
and disposal.
A.
All apartment and other multifamily complexes, businesses, schools
and other public or private institutions shall provide separate and
clearly marked containers for use by residents, students, employees,
customers or other visitors, for trash and the various types of recyclables,
as appropriate.
B.
Any company or agency providing dumpsters, roll-off or other containers
to any apartment or other multifamily complex with shared disposal
and recycling areas, or to any business, school or other institution,
or for any construction/demolition project, shall clearly mark such
container for trash or for specific recyclables, as may be appropriate.
A.
The municipality shall issue construction and demolition permits
only after the applicant has provided a Debris Management Plan identifying
the estimated number and types of containers to be used for the handling
of all solid wastes and recyclables generated during the project,
and arrangements for the proper disposition of the generated materials.
B.
A refundable deposit of $50 to $1,000 shall be submitted with the
Debris Management Plan, which will be returned after completion of
the project and submittal of appropriate records documenting the quantity
and disposition of solid wastes and recyclables. Inadequate or incomplete
documentation may result in the forfeiture of some or all of the required
deposit.
A.
The position of Recycling Coordinator is hereby created and established
within the municipality, to be appointed by the governing body, for
a term of one year expiring on December 31 of said year.
B.
The duties of the Recycling Coordinator shall include, but are not
limited to: the preparation of annual or other reports as required
by state and county agencies regarding local solid waste and recycling
programs, reviewing the performance of local schools and municipal
agencies in conducting recycling activities, periodic review of local
residential and business recycling practices and compliance, review
and recommendation on local subdivision and site plan submittals and
local construction and demolition projects for appropriate waste disposal
and recycling provisions, reports to the governing body on the implementation
and enforcement of the provisions of this article, and such other
reports and activities as may be requested by the governing body.
C.
The Recycling Coordinator shall be required to comply with the Certification
Requirements for Municipal Recycling Coordinators, as established
by the State of New Jersey. The Recycling Coordinator shall have completed
or be in the process of completing the requirements for certification
as a "Certified Recycling Professional" (CRP) no later than January
13, 2012, as required by the New Jersey Recycling Enhancement Act.
A.
The duly appointed Municipal Recycling Coordinator, the Monmouth
County Health Department, the Atlantic Highlands Code Enforcement Officer and the Atlantic Highlands
Police Department are hereby jointly and severally empowered to inspect
solid waste and recycling arrangements and compliance at local residences,
businesses, schools and institutions, and to enforce the provisions
of this article, by issuance of warnings, notices, summonses and complaints.
A typical inspection may consist of sorting through containers and
opening bagged solid wastes to detect the presence of recyclable materials.
B.
The authorized inspector may, in his or her discretion, issue a warning
rather than a summons following an initial inspection(s), with a follow
up visit to determine compliance within a stated period of time.
A.
Violation or noncompliance with any of the provisions of this article,
or the rules and regulations promulgated hereunder, shall be punishable
by a fine as follows:
B.
Each day such violation or neglect is committed or permitted to continue
shall constitute a separate offense and be punishable as such.
C.
Fines levied and collected in Municipal Court pursuant to the provisions
of this article shall be 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.