[Adopted 5-24-1988 by Ord. No. 406 (Ch. 64, Art. III of the 1974 Code); amended in its entirety 8-12-2008 by Ord. No.
08-11]
The Borough of Alpha hereby establishes a program
for the separate collection of recyclable material which recycling
program shall operate as a separate entity from the present rubbish
and trash collection system.
As used in this article, the following terms
shall have the meanings indicated:
Includes all disposable items made of aluminum, including
aluminum containers used for soda, beer or other beverages, foil,
wrappers, containers for prepared food, screen frames and lawn chairs.
Combining of nonputrescible source-separated recyclable materials
for the purpose of recycling.
An activity involving the sale of goods or services carried
out for profit.
Includes cardboard of the type used to make cardboard boxes,
cartons, pasteboard and similar corrugated and kraft paper material.
Those materials designated within the Warren County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include: (list those designated recyclable
materials from the county recycling plan for the residential, commercial,
and institutional sectors).
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.
Includes all products made from silica or sand, soda ash
and limestone; the product being transparent or translucent and being
used for packaging or bottling of various matters, excluding, however,
blue or flat glass commonly known as "window glass."
Includes white and/or off-white stationary, photocopy and
computer paper.
Any building, including but not limited to any related structure,
accessory building, and land appurtenant thereto, and any part thereof,
which contains 10 or more units of dwelling space or has sleeping
facilities for 25 or more persons and is kept, used, maintained, advertised
as, or held out to be, a place where sleeping or dwelling accommodations
are available to transient or permanent guests. This definition shall
also mean and include any hotel, motor hotel, motel, or established
guesthouse, which is commonly regarded as a hotel, motor hotel, motel,
or established guesthouse, as the case may be, in the community in
which it is located; provided, however, that this definition shall
not be construed to include any building or structure defined as a
multiple dwelling in this act, registered as a multiple dwelling with
the Commissioner of Community Affairs as hereinafter provided, and
occupied or intended to be occupied a such nor shall this definition
be construed to include a rooming house or a boarding house as defined
in the Rooming and Boarding House Act of 1979, P.L. 1987, c. 496 (N.J.S.A.
55:13B-1 et seq.) or, except as otherwise set forth in P.L. 1987,
c. 270 (N.J.S.A. 55:13A-7.5, 55:13A-7.6, 55:13A-12.1, 55:13A-13.2),
or any retreat lodging facility, as defined in this section.
Any building or structure of complex of buildings in which
three or more dwelling units are rented or leased or offered for rental
or lease for residential purposes (see N.J.S.A. 13:1E-99.13a) except
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.
55:13A-1 et seq);
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.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of The Borough of Alpha.
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.
Includes all garbage and rubbish normally produced by the
occupants of commercial, industrial and residential property and disposed
of by private or public pickup.
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;
A.
The position of Recycling Coordinator is hereby created
and established within the Borough of Alpha.
B.
The Recycling Coordinator shall be appointed by the
Council of the Borough of Alpha for a term of one year expiring December
31 of each year. The term of the person first appointed as Recycling
Coordinator shall expire December 31 of the year of that person's
appointment. If no one is appointed, then the Director of Health and
Welfare shall act in such capacity.
[Amended 5-27-2003 by Ord. No. 03-10; 6-22-2004 by Ord. No. 04-16]
C.
The Recycling Coordinator, subject to the approval
of the Council of the Borough of Alpha, shall establish and promulgate
reasonable rules and regulations as to the manner, days and times
for the collection, sorting, transportation, sale and/or marketing
of said recyclable material in order to encourage the preservation
of material resources while minimizing the cost of the recycling program
to the Borough of Alpha.
A.
Mandatory source separation: 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 and other
commercial locations, as well as government, schools and other institutional
locations within the municipality of The Borough of Alpha, to separate
designated recyclable materials from all solid waste. Designated recyclable
materials shall be deposited separate 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 manner and on such days
and times as may be hereinafter established by regulations promulgated
by the Borough of Alpha.
B.
Exemptions: Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source-separate from
the municipal solid waste stream the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this article, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name, address,
official contact person and telephone number of the facility which
provides the service of recycling those designated recyclable materials,
and a certification that the designated recyclable service provider
shall provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
[Amended 3-8-2022 by Ord. No. 2022-03]
A.
Each householder, tenant, owner, and occupier of any land within
the Borough is hereby required to provide a proper fitting and sightly
receptacle with a lid to prevent moisture infiltration in which to
place recyclables (acceptable recyclable materials as approved by
the Borough of Alpha and as agreed to by the Borough and the collector);
said container(s) and contents shall conform to the requirements,
including number, capacity, and weight, as set forth in the contract
between the collector or contractor and the Borough of Alpha, if so
referenced.
B.
Said containers with 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 disposed
of shall be placed as noted above any time after 6:00 a.m. of the
day immediately preceding the day of collection. After collection,
all containers shall be removed from the curbside by no later than
10:00 p.m. of the day of collection.
C.
All containers, receptacles and dumpsters shall be maintained in
accordance with the Code of the municipality of the Borough of Alpha.
[Added 10-11-2011 by Ord. No. 11-09]
A.
The Borough may hold annually an electronics recycling event where
residents and nonresidents may bring their electronic devices, as
listed below, to the municipal complex to be disposed of for the fee
stated. The fee shall be paid by the owner of the item to the Borough
at the time of item dropoff. Each fee listed is to be paid per each
item.
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Fee
|
Item
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|---|---|---|
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$1
|
Halogen lamp, incandescent lamp; U-tube; circular lamp; compact
lamp; straight lamp (1 to 4 feet)
| |
|
$2
|
Shatter shield/coated lamp; straight lamp (5 to 8 feet); alkaline
battery; lead and acid battery
| |
|
$5
|
Stereo; speaker; printer; fax machine; small appliances; DVD
player; VCR; microwave; desktop and laptop computers; LCD monitor;
lithium battery
| |
|
$10
|
Computer monitor; floor copier
| |
|
$20
|
Washing machine; clothing dryer; dishwasher; stove
| |
|
$25
|
Dehumidifier; air-conditioner; television
| |
|
$30
|
Floor freezer
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$35
|
Refrigerator
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[Added 4-26-2016 by Ord.
No. 2016-04]
The collection of recyclable yard waste material(s) shall be
in the manner prescribed as follows:
A.
Only residents or commercial property owners of the Borough of Alpha shall have the right to dispose of their yard waste material, including grass clippings, at a facility or area so designated by the Borough on days and times to be designated by the Borough and preferably listed on the Borough’s website. Their yard waste material shall be only that generated from their Alpha property. Nonresidents who dispose of Alpha residents’ yard waste material shall not be in violation of this section, provided that they can prove that they are transporting and disposing of Alpha residents’ yard waste material. Any violation of this section shall subject the violator to penalties as set forth herein, specifically in § 334-23.3.
A.
The owners/occupants of single-family and two-family dwellings shall
be responsible for compliance with this article.
B.
For multifamily units, the management or owner is responsible for
setting up and maintaining the recycling system, including the designation
of a building/complex recycling coordinator who will oversee the recycling
system which includes the collection of recyclable materials.
C.
Violations and penalty notices will be directed to the owner, occupant,
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, business, or industrial facilities shall be required
to comply with the provisions of this article.
B.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their 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.
Annually, every business, institution, or industrial facility shall
report to the Municipal Recycling Coordinator the recycling activities
undertaken at their premises, including the amount recycled and the
vendor or vendors providing recycling service. The forms to be used
will be provided by the Municipal Recycling Coordinator.
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 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.
A.
Any application to the Planning Board of the Borough of Alpha 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 amounts of solid
waste and recyclables generated at the proposed developments; 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, a convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
(3)
Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the municipal engineer.
B.
Prior to the issuance of a certificate of occupancy by the municipality
of the Borough of Alpha, 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 a collection and recycling of source-separated recyclable
materials, in those instances where the municipality does not otherwise
proved this service.
A.
It shall be unlawful for solid waste collectors to knowingly collect
and remove 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 of 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 waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
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 those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
The Borough Board of Health, the Recycling Coordinator, the
Zoning Officer, the Building Inspector, the Housing Officer, or other
Code Enforcement Officer, the Police Department, and the Warren County
Department of Health are hereby individually and severally 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.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this article or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250, nor more than $1,000.
Each day for which a violation of this article occurs shall be considered
a separate offense. [Note: Municipalities are empowered to incorporate
the provisions of N.J.S.A. 40:49-5 into their article. This provision
may be viewed at the New Jersey legislative website. It is shown below:
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40:49-5. The governing body may prescribe penalties for the
violation of ordinances it may have authority to pass, by one or more
of the following: imprisonment in the county jail or in any place
provided by the municipality for the detention of prisoners, for any
term not exceeding 90 days; or by a fine not exceeding $2,000; or
by a period of community service not exceeding 90 days.
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The governing body may prescribe that for the violation of any
particular ordinance at least a minimum penalty shall be imposed which
shall consist of a fine which may be fixed at an amount not exceeding
$100.
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The governing body may prescribe that for the violation of an
ordinance pertaining to unlawful solid waste disposal at least a minimum
penalty shall be imposed which shall consist of a fine which may be
fixed at an amount not exceeding $2,500 or a maximum penalty by a
fine not exceeding $10,000.
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The court before which any person is convicted of violating
any ordinance of a municipality shall have power to impose any fine,
term of imprisonment, or period of community service not less than
the minimum and not exceeding the maximum fixed in such ordinance.
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Any person who is convicted of violating an ordinance and who
was fined for the previous violation shall be sentenced by a court
to an additional fine as a repeat offender. The additional fine imposed
by the court upon a person for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of the ordinance, but shall be calculated separately from the fine
imposed for the violation of the ordinance.
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Any municipality which chooses not to impose an additional fine
upon a person for a repeated violation of any municipal ordinance
may waive the additional fine by ordinance or resolution.
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Any person convicted of the violation of any ordinance may,
in the discretion of the court by which he or she was convicted, and
in default of the payment of any fine imposed therefore, be imprisoned
in the county jail or place of detention provided by the municipality,
for any term not exceeding 90 days, or be required to perform community
service for a period not exceeding 90 days.
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Any municipality that chooses to impose a fine in an amount
greater than $1,250 upon an owner for violations of housing or zoning
codes shall provide a 30-day period in which the owner shall be afforded
the opportunity to cure or abate the condition and shall also be afforded
and opportunity for a hearing before a court of competent jurisdiction
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if a court has not determined otherwise or, upon reinspection
of the property, it is determined that the abatement has not been
substantially completed.
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Amended 1953, c.37, s.175; 1968, c.30; 1983, c.410, s.1; 1987,
c.411, s.1; 1989, c.114, s.1; 2001, c.274; 2003, c.231, s.6; 2005,
c.269, s.1.
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