[HISTORY: Adopted by the Borough Council of the Borough of
Seaside Heights 6-3-2009 by Ord. No. 09-06.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage; solid waste disposal — See Ch. 107.
Littering — See Ch. 118.
Zoning and land use — See Ch. 246.
[1]
Editor's Note: This chapter was adopted as Ch. 108, but
was renumbered with the permission of the Borough in order to maintain
the alphabetical organization of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. For residential areas, those materials are: commingled
(bottles, glass and cans), newspaper, mixed paper (magazines, catalogues,
junk mail, used writing paper), leaves, white goods, tires, motor
oil and batteries. For commercial, industrial and institutional sectors,
those materials are: commingled (bottles, glass and cans), newspaper,
cardboard, high-grade office paper, concrete, asphalt, brick, block
stumps, tree parts, leaves, automobile batteries, motor oil, white
goods, tires and ferrous and nonferrous scrap metal.
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.
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.
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 § 3 of the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.)
Person or persons appointed by the Borough Council and who
shall be authorized to, among other things, enforce the provisions
of this chapter and any rules and regulations which may be promulgated
hereunder. Such person or persons shall have achieved professional
certification in compliance with the requirements of N.J.S.A. 13:1E-99
et seq.[1]
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Borough
of Seaside Heights.
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.
Process by which recyclable materials are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
[1]
Editor's Note: N.J.S.A. 13:1E-99 was repealed by L. 1987,
c. 74, § 11, effective 3-11-1987. See N.J.S.A. 13:1E-99.16.
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 or other commercial locations,
as well as government, schools and other institutional locations within
the Borough of Seaside Heights, to separate designated recyclable
materials from all solid waste. Designated recyclable materials shall
be deposited separately 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 clean and safe manner to coincide
with the designated recycling schedule.
A.
All containers containing recyclable materials shall be placed, prior
to collection, between the curb and 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 anytime after 6:00 p.m. on the day immediately preceding
the day of collection, but no later than 7:00 a.m. on the day of collection.
After collection, any containers shall be removed from the curbside
no later than 8:00 a.m. the day following the day of collection.
B.
All receptacles or dumpsters shall be maintained in a clean and safe
manner.
The owner of any property shall be responsible for compliance
with this chapter. 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. Violation
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.
All commercial or institutional generators of solid waste shall be
required to comply with the provisions of this chapter.
B.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner, or his or 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.
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.
All food service establishments, as defined in N.J.A.C. 8:24-1.5,
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.
New developments of Multifamily residential units or commercial,
institutional or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a
and 13:1E-99.16c) shall comply with the following:
A.
Any application to the Planning Board of the Borough of Seaside Heights
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 amount 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, in a 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 Seaside Heights, 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.
Provisions 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
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 chapter and the local sanitary
code.
C.
Once placed in the location identified by this chapter, or any rules
or regulations promulgated pursuant to this chapter, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Recycling Coordinator, the
Property Maintenance Official, the Housing Officer and the Seaside
Heights Department of Health are hereby individually and severally
empowered to enforce the provisions of this chapter. An inspection
may consist of sorting through containers and opening solid waste
bags to detect, by sound or sight, the presence of any recyclable
material.
A.
Any person, corporation, occupant or entity that violates or fails
to comply with any provision of this chapter or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine of not less than $250 nor more than $1,000.
Each day for which a violation of this chapter occurs shall be considered
a separate offense.
B.
Fines levied and collected pursuant to the provisions of this chapter
shall be immediately 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.
