[Adopted 8-25-2011 by Ord. No. 14-2011[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
II, Recycling, adopted 6-23-1988 by Ord. No. 5-1988, as amended.
As used in this article, the following terms shall have the
meanings indicated:
Those properties used primarily for commercial purposes and
those residential buildings containing three or more dwelling units.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Atlantic County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include:
ALUMINUM CANSEmpty, all-aluminum beverage and food containers.
CORRUGATED CARDBOARDIncludes cardboard of the type used to make cardboard boxes, cartons, pasteboard and similar corrugated and kraft paper materials.
GLASS CONTAINERSBottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
NEWSPAPERSPaper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they have been exposed to substances or conditions rendering them unusable for recycling.
WHITE GOODSHousehold appliances.
ELECTRONIC WASTEA 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.
METAL FOOD AND BEVERAGE CONTAINERSAluminum, bimetal and steel food and beverage containers, including empty paint cans and aerosol cans.
PAPER PRODUCTSIncluding newspaper, magazines, office paper, junk mail, telephone books, paperback books, chipboard boxes, corrugated cardboard and paper bags.
PLASTIC BOTTLES AND JUGSImprinted with recycling symbols Nos. 1 to 7, including food, beverage, health/beauty, and cleaning products, bottles 2.5 gallons or less in size.
LEAVES, GRASS CLIPPINGS, BRUSH, TREE BRANCHESCollection of these materials may be provided by the municipality or through a contract between the municipality and public or private sector provider, or the material may be delivered to an approved yard waste composting facility operated by the municipality or county or by an approved agricultural yard waste composting facility.
ASPHALT AND CONCRETEAsphalt, brick, block and concrete from the commercial sector, to be delivered to an approved NJDEP Class B Recycling Center.
[Amended 2-26-2015 by Ord. No. 1-2015]
USED MOTOR OIL, KEROSENE, AND No. 2 HOME HEATINGMay be delivered to ACUA's household hazardous waste events or private sector recycling or re-use facility.
ANTI-FREEZEMay be delivered to ACUA's household hazardous waste events or private sector recycling or re-use facility.
LEAD ACID BATTERIES INCLUDING MOTOR VEHICLE, AVIATION, MARINE, AND SEALED LEAD ACID BATTERIESMay be delivered to ACUA's household hazardous waste events or private sector recycling or re-use facility.
CONSUMER RECHARGEABLE BATTERIESMay be delivered to ACUA's household hazardous waste events or private sector recycling or re-use facility.
PROPANE TANKS(empty twenty-pound-size or less) May be delivered to ACUA or private sector recycling or reuse facility.
[Added 2-26-2015 by Ord.
No. 1-2015]
TIRES
[Added 2-26-2015 by Ord.
No. 1-2015]
AUTO AND TRUCK BODIESFrom both residential and commercial sectors.
[Added 2-26-2015 by Ord.
No. 1-2015]
CFC REFRIGERANTSFrom both residential and commercial sectors.
[Added 2-26-2015 by Ord.
No. 1-2015]
FERROUS SCRAP METALFrom both residential and commercial sectors.
[Added 2-26-2015 by Ord.
No. 1-2015]
FLUORESCENT BULBSFrom the commercial sector.
[Added 2-26-2015 by Ord.
No. 1-2015]
OIL CONTAMINATED SOILSFrom both residential and commercial sectors.
[Added 2-26-2015 by Ord.
No. 1-2015]
OIL FILTERSFrom the commercial sector.
[Added 2-26-2015 by Ord.
No. 1-2015]
TEXTILESFrom both residential and commercial sectors.
[Added 2-26-2015 by Ord.
No. 1-2015]
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools, nursing homes, libraries and
governmental offices.
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 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, among other things, 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 Egg Harbor City.
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.
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.
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 Egg Harbor City, 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 City of Egg Harbor.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, 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 of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; 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
materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the municipal recycling coordinator
of the total number of tons collected and recycled for each designated
material.
(1)
The Mayor and Common Council of the City of Egg Harbor City may,
by resolution, exempt persons occupying commercial and institutional
establishments from the source-separation requirements of this article
if those persons have otherwise provided for the recycling of recyclable
materials designated in this article.
(2)
To be eligible for an exemption under this section, the person seeking
the same shall, during the month of May in each year, provide written
documentation to the municipality of the total amount of materials
recycled during the preceding calendar year.
A.
The collection of recyclable material shall be in the manner prescribed
as follows:
(1)
Separation of recyclables; placement for disposal.
(a)
The recyclable materials designated in this article, shall be
put in a suitable container separate from other solid waste and placed
at the curb or such other designated area for collection at such times
and dates as may be hereinafter established in the municipal recycling
regulations.
(b)
The container for recyclable materials shall be clearly so labeled
and so placed for each collection.
(c)
All grass, leaves, brush, branches or yard rakings shall be
separated from common household garbage and packed in biodegradable
paper bags which will be separately collected on the yard waste collection
days.
[Amended 12-4-2014 by Ord. No. 15-2014]
(d)
All containers and brown paper bags containing 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 anytime after 5:00 p.m. of the day
immediately preceding the day of collection, but no later than 6:00
a.m. of the day of collection. After collection, any containers shall
be removed from the curbside by no later than 7:00 p.m. of the day
of collection.
(e)
All receptacles or dumpsters shall be maintained in a clean
and in a safe manner.
(2)
Alternative collection of recyclables.
(a)
Any persons may donate or sell recyclable materials to an individual
or organization expressly authorized by the municipality in its recycling
regulations.
(b)
Such materials may be delivered to the individual or organization
or placed at the curb to be collected by the individual or organization
on days not designated as the recyclable material collection days
in the municipal recycling regulations.
(c)
Such individual or organization shall not collect recyclable
materials on or within the 24 hours immediately preceding a regularly
scheduled curbside collection day.
(d)
During the month of May in each year, such an individual or
organization shall provide written documentation to the municipality
of the total amount of material so received, collected or recycled
during the preceding calendar year.
B.
Collection by unauthorized persons.
(1)
It shall be a violation of this article for any unauthorized individual or organization to collect or pick up or to cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 230-3 of this article.
(2)
Each such collection in violation of this article shall constitute
a separate and distinct offense punishable as hereinafter provided.
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 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 and institutional generators of solid waste 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 its designee, unless the municipality provides for
the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoors 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 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 Land Use Board of the municipality of Egg
Harbor City 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:
[Amended 8-28-2014 by Ord. No. 9-2014]
(1)
A detailed analysis of the expected composition and amounts 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, 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 municipality
of Egg Harbor City, 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.
Provision 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 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 Chairperson of the Highway Committee of the Common Council
is hereby authorized and directed to establish and promulgate reasonable
regulations detailing the manner, days, and times for the collection
of the recyclable materials designated in this article and such other
matters as are required to implement this article. The Code Enforcement
Official, the Public Works Supervisor, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, the Chief
of Police, the Housing Officer, and the Atlantic 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.
A.
Any person, firm or corporation violating the provisions of the section
of Alternative collection of recyclables in this article shall be
subject to a fine of not less than $100 nor more than $500 for each
offense.
B.
Any person, firm or corporation violating any provisions of this
article other than Alternative collection of recyclables, or any regulations
adopted hereunder, shall be subject to a fine of not less than $25
nor more than $500 for each offense.
C.
No action shall be taken to enforce the provisions of this article
until three months after the effective date of the promulgation of
the regulations authorized hereunder.
D.
Each and every day in which a violation of any of the provisions
of this article exists shall constitute a separate offense.