The words, terms and phrases used in this chapter shall have
the following meanings:
BULKY WASTE
Large items of solid waste which, because of their size or
weight, require handling other than that normally used for municipal
waste. "Bulky waste" includes, but is not limited to, such items as
tree trunks, automobile bodies, demolition or construction materials,
appliances, furniture, and drums.
GARBAGE
Rubbish, unwanted food and waste, and materials normally
produced by the occupants of residential and commercial property and
disposed of by private or municipal pickup.
HAZARDOUS WASTE
Any waste or combination of wastes that poses a present or
potential threat to human health, living organisms, or the environment,
including but not limited to waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing, biologically infectious, explosive,
or flammable, and any waste so designated by the United States Environmental
Protection Agency. "Hazardous waste" includes radioactive waste, and
any other substance or material defined as hazardous by the Ocean
County Department of Solid Waste Management.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including
but not limited to schools, libraries, and governmental offices.
PERSON
Any individual, trust, firm, joint-stock company, federal
agency, corporation (including a government corporation), corporate
official, partnership, association, state, municipality, commission,
political subdivision of a state, or interstate body.
PLASTIC BAGS
Heavy-gauge plastic bags at least one mil in thickness which
are to be used to contain garbage.
SOLID WASTE
Garbage and other discarded materials resulting from industrial,
commercial and agricultural operations, and from domestic and community
activities, and shall include all other waste materials, including
liquids, except for solid animal and vegetable wastes collected by
swine producers licensed by the State Department of Agriculture to
collect, prepare and feed such wastes to swine on their own farms.
[Amended 3-2-2015 by Ord.
No. 2015-04]
There is hereby established a program for the municipal collection
of garbage from all residences, commercial establishments, and institutional
establishments, as well as a program for bulky waste collection from
residences within the Borough of Bay Head. There shall also be a free
Borough-wide bulk pickup provided during the first week in both the
months of June and October.
The Borough Council shall annually, or more frequently as necessary,
by resolution, establish rules and regulations for the disposal of
garbage, bulky waste and the annual clean-up week and such other matters
as are required to implement this chapter. Failure to conform to such
regulations shall be deemed a violation of this chapter.
All receptacles shall be placed for collection as follows:
A. Location.
(1) The owner, tenant, occupant, or operator of every dwelling, apartment,
hotel, rooming house, store, business, building, market, restaurant,
yacht club, marina, or other premises in the Borough where garbage
shall accumulate shall, on the scheduled days for collection, place
or have placed in proper and suitable receptacles or containers, as
set forth in this chapter, all garbage as defined in this chapter
at the following locations outside of the building proper, where the
same will be easily accessible to the collector:
(a)
Private dwelling collection receptacles and containers must
be located in the rear or side yard of the structure, screened from
public view from the street or alley.
(b)
Restaurants, hotels, rooming houses, buildings, stores, or businesses
of any kind shall place collection receptacles at the rear of the
structure or at a place agreed to by the contractor and the Borough,
screened from public view from the street or alley.
(2) Receptacles awaiting collection shall be stored or kept in such places
so as not to become a nuisance to the occupants of any dwelling, and
at no time shall they be kept under the windows of any adjacent dwelling.
(3) All receptacles for garbage, whether empty, partially filled, or
fully filled, shall be kept in the rear of a private dwelling or place
of business, or a location screened from public view, such as a side
yard, and not on any part or portion of the front yard of said premises.
(4) Bulky waste items set out on the berm or curbline for collection
must have an official Borough collection sticker affixed or they will
not be picked up by the authorized collector. Items shall be placed
so as to not block or interfere with the use of the sidewalk or streets.
Stickers may be obtained at the Borough Hall, for the proper fee,
at which time the applicant will be informed when the items will be
collected. A price schedule is set forth in the fee schedule on file
at the office of the Municipal Clerk. There shall also be a free Borough-wide
bulk pickup provided on the last Wednesday in May and October.
B. Time. The owner, tenant, occupant, or operator of every dwelling,
apartment, hotel, rooming house, store, business, building, market,
restaurant, yacht club, marina, or other premises in the Borough where
garbage shall accumulate, or any other person, shall not place or
cause to be placed tagged items or permit to remain on the curbline,
berm, or any portion of the street or sidewalk, or any part or portion
of the front yard of the premises, tagged items earlier than 5:00
p.m. of the day preceding the time scheduled for the collection.
C. Interference with placement and collection prohibited. No person
shall prevent or interfere with any agent or employee of the Borough
or any authorized contractor or collector of garbage or their employees
in the discharge of their duties.
D. Establishment of collection schedule. The scheduled days for garbage
collection shall be established by resolution of the Mayor and Council.
The scheduled days for collection of garbage may be temporarily changed
by the Borough Council, or its designated committee, in matters of
emergency or necessity. There shall also be a free Borough-wide bulk
pickup provided on the last Wednesday in May and October.
E. Special pickups. Pickups for large items such as household items,
appliances, etc., will be available only at curbside at an additional
charge. Arrangements for this service must be made at the Borough
Hall on Wednesdays only, 9:00 a.m. to 12:00 noon. The price schedule
shall be as set forth in the fee schedule on file at the office of
the Municipal Clerk.
Every person and entity shall comply with the following requirements
in transporting or storage of waste:
A. Regulation of vehicles. All vehicles used in transporting ashes,
garbage, trash, rubbish, and waste through the streets of the Borough
shall be furnished by the owner or operator, must have good tight
bodies and, when loaded, shall be securely covered with a type of
cover approved by the Borough to prevent their contents from being
scattered on the streets.
B. Private collection. Every private collector of ashes, garbage, trash,
and waste material shall conform to the provisions of this article
and the rules and regulations for the collection and disposal of ashes,
garbage, trash, and rubbish.
C. Removal and disposal. All ashes, garbage, trash and rubbish material
must be removed and disposed of in areas outside of the Borough limits.
Any person who violates this article or fails to comply with
any of its requirements shall, upon conviction thereof, be subject
to the maximum fines and penalties established under N.J.S.A. 40:49-5,
and as same may be amended from time to time. Each and every day a
violation of this article shall exist shall constitute a separate
violation.
As used in this article, the following terms shall have the
meanings indicated:
DESIGNATED RECYCLABLE MATERIALS — Those materials
designated within the Ocean County District Solid Waste Management
Plan to be source-separated for the purpose of recycling. Those materials
are commingled (bottles, glass, and cans), newspaper, mixed paper
(magazines, catalogues, junk mail, used writing paper), leaves, branches,
white goods, tires, motor oil, and household batteries and thermometers.
DUAL STREAM
A.
COMMINGLEDAll plastic bottles, aluminum and steel cans, glass bottles and containers.
B.
PAPERMagazines, catalogues, junk mail, writing paper, newsprint, corrugated cardboard, office and school paper; no chipboard or pizza boxes.
ELECTRONIC WASTE
Computer central processing units and associated hardware
including keyboards, modems, printers, scanners and fax machines,
cathode ray tubes, cathode ray tube devices, flat panel displays or
similar video display devices with screens that are greater than four
inches measured diagonally and that contains one or more circuit boards,
including televisions and cell phones
MULTIFAMILY DWELLING
Any building or structure or complex of buildings in which
three or more dwelling units are owner-occupied, 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 guest houses
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. 5:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
Person or persons appointed by the Borough Council and who
shall be authorized to, among other things, enforce the provisions
of this article and any rules and regulations that may be promulgated
hereunder.
MUNICIPAL SOLID WASTE STREAM (MSW)
All solid waste generated by residential, commercial, and
institutional establishments within the boundaries of the Borough
of Bay Head.
RECYCLABLE MATERIAL
Those materials, as defined in this article, that would otherwise
become solid waste and that may be collected, separated, or processed
and returned to the economic mainstream in the form of raw materials
or products.
SCRAP METAL
Bits and pieces of metal parts (for example, bars, turnings,
rods, sheets, wire, nails, screws) or metal pieces that may be combined
together with bolts or soldering (for example, radiators, scrap automobiles,
aluminum, metal, or steel items such as grills, appliances, tools,
furniture, and beach chairs) which, when worn or superfluous, can
be recycled. Materials not covered by this term include residues generated
from smelting and refining operations (that is, drosses, slags, and
sludges), liquid wastes containing metals (that is, spent acids, spent
caustics, or other liquid wastes with metals in solution), liquid
metal wastes (for example, liquid mercury), or metal-containing wastes
with a significant liquid component, such as spent batteries.
SINGLE STREAM
The combination of commingled and paper listed in the definition
of "dual stream" in one container; does 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.
SOURCE SEPARATION
Process by which recyclable materials are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
The owner 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 when 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.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:
A. Any application to the Planning Board of the Borough of Bay Head
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 and at a
convenient location and shall 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 Bay Head, 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
when the municipality does not otherwise provide this service.
C. Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
The Code Enforcement Official, the Recycling Coordinator, the
Property Maintenance Official, the Housing Officer, and the Ocean
County Department of Health are hereby individually 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.