Editor’s Note: This ordinance also repealed former Art.
III, Collection and Recycling of Used Newspapers, adopted 5-13-1981
by Ord. No. 6-81, as amended, former Art. IV, General Recycling Regulations,
adopted 4-29-1987 by Ord. No. 12-87, as amended, former Art. V, Disposal
of Leaves in Certain Designated Areas, adopted 9-12-2001 by Ord. No.
15-2001, and former Art. VI, Yard Waste Collection, adopted 12-14-2005
by Ord. No. 29-2005.
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 separate collection
and ultimate recycling of such materials.
Newspaper shall mean and include 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.
Corrugated cardboard shall mean 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.
Clean mixed paper shall mean high-grade bond paper, mixed office
and school papers, such as stationery, construction paper and writing
tablets, including computer printouts, magazines, gift-wrapping paper,
soft-cover books, junk mail and single-layer cardboard (chipboard).
Specifically excluded are carbon papers, hard-cover 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.
Aluminum cans shall mean all disposable cans made of aluminum used
for food or beverages. Specifically excluded are aluminum foils, pie
tins, trays, cookware and other aluminum products.
Tin and bimetal cans shall mean 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.
Glass bottles and jars shall mean 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.
Pourable plastic containers shall mean plastic bottles where the
neck is smaller than the body of the container, and is limited to
plastic-resin-type No. 1 PET and plastic-resin-type 92 HDPE. Specifically
excluded are other resin types (42-47) 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.
Residences, businesses and institutions provided with recyclables
collection service by the Borough 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
Borough. Containers awaiting collection shall not be stored on the
curb line or any part of the street or sidewalk or front yard of the
property or kept in such place or places so as to become a nuisance
to the occupants of any neighboring dwelling. No owner or their agent,
lessee, tenant or other occupant of any building shall allow or permit
empty receptacles, cans, containers or barrels to remain on the curb
line or any part of the street or sidewalk or front yard of the property
past 10:00 a.m. of the day following collection.
Any multifamily complex, business or institution not provided recyclables
collection service by the Borough shall be responsible for arranging
the appropriate separation, storage, collection and ultimate recycling
of all designated recyclables.
Any multifamily complex, business or institution which is not provided
recyclables collection service by the Borough shall provide the Borough
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.
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 Borough. Grass clippings shall
not be placed with other materials for solid waste collection. Leaves
shall be contained in biodegradable leaf bags. This requirement shall
not prohibit any person or establishment from making arrangements
to collect leaves and grass directly from its property through its
own efforts or via contract with a landscape service or other appropriate
company, for direct transportation to a permitted recycling operation.
Sweeping, raking, blowing or otherwise placing leaves that are not
in containers at the curb or along the street is only allowed during
the seven days prior to a scheduled announced collection, and they
shall not be placed closer than 10 feet to any storm drain inlet.
Placement of such leaves at the curb or along the street at any other
time or in any other manner is a violation of this article.
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, tree limbs over three inches in diameter, metal appliances
or bulk metal items larger than one cubic foot and/or heavier than
five pounds.
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 a local service station, scrap yard or publicly-operated
recycling facility designed and permitted to handle such products.
Common, nonrechargeable dry cell batteries, commonly labeled "A,"
"AA," "AAA," "C," "D," and "9-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.
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.
The Mayor and Council may elect to use municipal personnel and equipment
to collect recyclable materials set forth herein at curbside and/or
from a dropoff center and shall sell said recyclable material if a
market exists therefore pursuant to N.J.S.A. 40A:11-1 et seq.
The Borough Council may elect to enter into agreements with qualified
persons or corporations authorizing them to collect said recyclable
material at curbside and/or from a dropoff center.
All designated recyclables become the property of the Borough and/or
the contracted collector once placed at the curbside, in a container
provided by the contractor, or brought to and accepted at the Borough
recycling depot.
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.
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.
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.
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.
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 or demolition project, shall clearly mark
such container for trash or for specific recyclables, as may be appropriate.
The Borough 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.
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.
The position of Recycling Coordinator is hereby created and established
within the Borough to be appointed by the Borough Council, for a four-year
term.
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 Borough agencies
in conducting recycling activities, periodic review of Borough 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 Borough Council on the implementation and
enforcement of the provisions of this article, and such other reports
and activities as may be requested by the Borough Council.
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.[1]
The duly appointed Borough Recycling Coordinator, the Monmouth County
Health Department, Borough Code Enforcement Official and Borough Director
of Public Works 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.
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 with a stated period of time.
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:
For a third and subsequent offense: $100 to $1,500 and/or the performance
of community service in the recycling program, for a period not to
exceed 90 days.
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.