Township of Buena Vista, NJ
Atlantic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Buena Vista 5-9-2016 by Ord. No. 27-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 162.
Littering — See Ch. 168.
[1]
Editor’s Note: This ordinance superseded former Ch. 238, Solid Waste, consisting of Art. I, Recycling, adopted 5-14-1990 by Ord. No. 216-1990 (Ch. 83, Art. I, of the 1993 Code), as amended, and Art. II, Collection, adopted 4-8-1991 by Ord. No. 226-1991 (Ch. 83, Art. II, of the 1993 Code).
This article shall be known and may be cited as the "Recycling Ordinance of the Township of Buena Vista."
The words, terms and phrases used in this article shall have the following meanings:
ALUMINUM CANS
Food, including pet food, and beverage containers made entirely of aluminum.
ALUMINUM SCRAP; NONFERROUS SCRAP
All noncontainer aluminum, including auto parts, siding, aircraft parts, lawn chairs, window and door frames, pots and pans, foil pie plates. Nonferrous scrap consists primarily of copper and zinc; copper generally takes the form of cable (utility wires), plumbing, wire harnesses, motors, house wiring and bulky items.
ANTIFREEZE
An automotive engine coolant.
BULKY RIGID PLASTIC
Plastic buckets, plastic laundry baskets, plastic, landscape trays (no soil), plastic toys and playhouses, plastic pet carriers, plastic coolers, plastic dish drainers, empty garbage and recycling cans, five-gallon water bottles, plastic milk/soda crates, plastic lawn furniture, plastic totes (remove metal bars), plastic pallets, plastic shelving, plastic flower pots (no soil), PVC and PET blister packs, plastic automotive bumpers, plastic coat hangers, Plexiglas, vinyl fencing (four-foot limit), vinyl siding (four-foot limit), HDPE pipe (four-foot limit).
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial purposes.
COMMINGLED
Source-separated recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).
COMPUTER PRINTOUT/WHITE LEDGER
All computer paper; all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and notepad).
CONSTRUCTION/DEMOLITION RECYCLABLE MATERIAL
Building material or demolition material that is recyclable. Includes wood, plaster, drywall and wallboard, metals, asphaltic substances, bricks, block and unsegregated concrete.
CONSUMER ELECTRONICS
Computer central processing units and associated hardware, including keyboards, modems, printers, scanners and fax machines; televisions, VCRs, DVDs, stereo components, cell phones.
CORRUGATED CARDBOARD
Clean, heavy box materials commonly known as cardboard boxes and similar heavy paper packaging containers that are free of plastic, foam and other contaminants; also including food packaging boxes and other commercial packaging that is free of food contaminants, plastic, wax and foam materials that would make it undesirable for recycling purposes. All cardboard and packaging must be opened and flattened for ease of handling.
DESIGNATED RECYCLING ENFORCEMENT AUTHORITY
A member of the Office of Sustainability, the Department of Public Works, or Construction Office and the Police Department of the Township of Buena Vista charged with the enforcement of these ordinances.
FERROUS CONTAINERS
Empty steel or tin food or beverage containers.
FOOD SCRAPS
Food plate waste and food-processing wastes. Food-processing wastes include food-processing vegetative waste (material generated in trimming and reject sorting operations from the processing of fruits and vegetables in canneries or similar industries, e.g., tomato skins, pepper cores, bean snips, cranberry hulls, etc.) processing residuals and animal-processing wastes.
GLASS CONTAINERS
All glass containers for packaging food or beverages. Expressly excluded are noncontainer glasses, plate or window glass, dishes, mirrors, drinkware, tableware, porcelain or ceramics.
HOUSEHOLD BATTERIES
Includes flashlight, radio, camera, watches, toys and hearing aid batteries. Excluded are boat and automobile batteries. Rechargeable batteries are recyclable.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including, but not limited to, hospitals, schools, nursing homes, libraries and government offices.
MAGAZINES AND JUNK MAIL
All magazine stock, white and colored paper and envelopes.
MISCELLANEOUS NONRECYCLABLE MATERIALS
Includes any other nonhazardous material which would otherwise be classified as a solid waste, and is not otherwise defined in this section and documented as recyclable.
MIXED OFFICE PAPER
Items listed in computer printout/white ledger category when mixed with envelopes, manila folders and colored papers. Material is generated by commercial/institutional sources.
MULTIFAMILY RESIDENCE
Four or more contiguous units located on a single property or contiguous properties under common ownership or management. This shall include mobile home parks. For this purpose, "mobile home" shall mean a home, excluding travel trailers, which is a movable or portable unit, designed and constructed to be towed on its own chassis, and designed to be connected for year-round occupancy.
NEWSPRINT/NEWSPAPER
All paper marketed as newsprint or newspaper and containing at least seventy-percent newsprint or newspaper (American Paper Institute grades No. 6, No. 7 and No. 8 news).
OTHER GLASS
All noncontainer glass such as plate glass, drinking glasses, and automotive glass.
OTHER PAPER
All paper that is not corrugated, office, magazines, white and colored bond paper, or newspaper, such as telephone directories, wrapping paper, chipboard, books, papers coated with plastic, film or foil, paper contaminated with food, and grocery bags.
OTHER PLASTIC
Low-density polyethylene (LDPE) film or bags, other film or plastic closures.
PERSON
Every owner, lessee and occupant of a residence, commercial or institutional establishment within the boundaries of the Township of Buena Vista.
PLASTIC BOTTLES (RECYCLABLE)
Includes all bottles and jars. In addition, any plastic bottles or containers that have the recycling symbol or the initials PETE or HDPE stamped on the container.
QUALIFIED APARTMENT BUILDING OR GARDEN APARTMENT COMPLEX
Any building or structure or complex of buildings or structures in which five or more units are rented or leased or offered for rental or lease for residential purposes, except hotels, motels or other guesthouses serving transient or seasonal guests.
RECYCLABLE MATERIALS
Those materials that may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENCE
Any occupied single-family or multifamily dwelling from which solid waste is generated and hauled to a solid waste disposal facility by hauler or occupant.
SCRAP METAL
Shall include refrigerators, freezers, water heaters, washers, dryers, metal sheds an any other type of bulk metal household item.
SOLID WASTE
That which is defined as solid waste in N.J.A.C. 7:26-1.6.
UNIVERSAL WASTE
A specific hazardous waste stream that has been designated by the EPA or a state as "universal waste." The Universal Waste Rule provides alternative management options for specific hazardous waste streams. Designated New Jersey universal wastes include batteries (not alkaline), pesticides, thermostats, hazardous waste lamps, mercury-containing devices, consumer electronics and oil-based finishes.
YARD TRIMMINGS
Leaves, grass clippings, stumps, brush, and other lawn and garden trimmings from homes, institutions, commercial and industrial sources.
A. 
There is hereby established a mandatory program for the separation of the following recyclable materials from the municipal solid waste stream by all persons within the Township of Buena Vista, hereinafter referred to as the "municipality," as follows:
(1) 
Residences and multifamily residences shall recycle aluminum cans; aluminum, tin, steel bimetal, aerosol containers; corrugated cardboard; glass containers; plastic containers (including plastic bottles, Nos. 1, 2, 3, 4, 5, 6, 7); leaves; newspapers; and paper goods.
(2) 
Commercial and institutional establishments shall recycle aluminum cans; aluminum, tin, steel bimetal, aerosol containers; corrugated cardboard; glass containers; plastic containers (including plastic bottles, Nos. 1, 2, 3, 4, 5, 6, 7); leaves; newspapers; and paper goods, such as white office paper and computer paper.
B. 
As the municipality and/or agency charged with providing pickup service sees fit to include other recyclable materials in the program, all persons falling under this article will be required to separate these items from the Township of Buena Vista solid waste stream within 30 calendar days after the date upon which the Township and/or said agency publishes notice thereof in a newspaper of general circulation within Atlantic County.
A. 
The recyclable materials designated in § 238-3 of this article, excluding newspapers, 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 Township's recycling regulations. The container for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection.
B. 
Newspapers shall be bundled and tied with twine or placed in a craft paper (brown paper) bag and placed at the curb or other designated area for collection at such times and dates as are established in the Township's recycling regulations. The maximum weight of each bundle of newspapers shall not exceed 30 pounds (approximately 12 inches high).
C. 
Aluminum and glass containers shall be rinsed, lids removed and placed commingled in such suitable container.
D. 
Plastic containers shall be rinsed, lids removed, flattened and placed in a suitable container.
E. 
Cardboard shall be flattened and placed alongside other recyclable materials.
F. 
White office paper and computer paper shall be placed in a craft paper (brown paper) bag or in a suitable container separate from other recyclable materials.
A. 
The owner/manager or association of every multifamily dwelling (apartment, townhouse or condo) shall designate space for the placement and storage of newspaper, glass, aluminum, plastic and all other recycled materials. The owner/manager or association also has the option of arranging for curbside pickup service from the Atlantic County Utilities Authority. All lessees/owners of these dwelling units shall be required to separate items as mentioned in § 238-3 and place them in the designated place.
B. 
All multifamily residences that provide private collection for recyclable materials named in § 238-3 of this article shall submit written documentation to the Township and to the Atlantic County Utilities Authority by June 1 of the total amounts of recyclables collected in the prior calendar year. The only exception to this collection and documentation method will be if the multifamily dwelling is serviced by the Atlantic County Utilities Authority Collection Program. Multifamily residences have the choice of private or county collection for recycled materials, but the Township Recycling Coordinator and Atlantic County Utilities Authority (ACUA) must be notified of the collection method selected.
C. 
Any homeowners' association, multifamily unit complex or apartment complex that contains a public recreation area (i.e., tennis courts, etc.) shall provide recycling receptacles next to refuse receptacles, and these must be checked regularly for trash.
A. 
Commercial and institutional establishments may transport their recyclables to the containers at the Township dropoff facility or to the Atlantic County intermediate processing facility, or alternatively, the establishments may contract with a private hauler to collect them.
B. 
It is the responsibility of the commercial or institutional establishment to properly separate or have separated and store or have stored all recyclable items on their premises prior to periodic disposal of these materials. Yearly documentation of amounts recycled by a private hauler must be made to the Township Administrator and the ACUA[1] prior to June 1 for the preceding calendar year.
[1]
Editor's Note: The Atlantic County Utilities Authority.
C. 
Designated recyclables for the mandatory commercial and institutional source-separation program shall consist of the following materials:
(1) 
Computer printout/white ledger.
(2) 
Mixed office paper.
(3) 
Glass, food and beverage containers.
(4) 
Aluminum, tin, steel, bimetal, aerosol cans.
(5) 
Plastic bottles and jars Nos. 1, 2, 3, 4, 5, 6, 7.
(6) 
Rechargeable household batteries.
(7) 
Yard trimmings, including leaves, grass clippings and branches.
(8) 
Auto/truck bodies.
(9) 
CFC refrigerants.
(10) 
Oil-contaminated soil.
(11) 
Oil filters.
(12) 
Textiles.
(13) 
White goods.
(14) 
Ferrous scrap.
(15) 
Consumer electronics.
(16) 
Fluorescent bulbs.
(17) 
Tires.
(18) 
Asphalt and concrete.
(19) 
Brick and block.
(20) 
Stumps.
(21) 
Christmas trees.
(22) 
Motor oil.
(23) 
Kerosene.
(24) 
Home heating oil.
(25) 
Propane tanks.
(26) 
Other recyclable materials as designated by Buena Vista Township 30 days after said designation and publication of notice in a newspaper of general circulation within the municipality.
D. 
Materials taken to the Atlantic County facility will be recorded for the Township. Township records will be maintained for materials disposed of at the dropoff facility and credit given to those participating commercial and institutional establishments accordingly. The only exception to this collection method is if the commercial or institutional establishment participates in the Atlantic County Collection Service Program.
E. 
All food service establishments, as defined in the Township Development Regulations[2] 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 records for reporting purposes as described in Subsection B of this section.
[2]
Editor's Note: See Ch. 115 in this Code.
F. 
All commercial and institutional establishments within the Township that sell beverages in glass or cans, either to employees or to the public, must provide easily accessible recycling receptacles next to each trash receptacle. Exemptions: restaurants not selling package goods; bars; liquor stores. Receptacles must be checked regularly for mixing of recyclables and/or trash.
A. 
All persons within the municipality shall separate leaves from other solid waste generated at their premises and, unless the leaves are stored or recycled for composting or mulching on the premises, place the containerized leaves and grass at the curb as per the recycling date and guidelines established by the collection service program known as the Atlantic County Utilities Authority (ACUA). No person shall dispose of leaves, arrange for the disposal of leaves, or cause leaves to be disposed at any solid waste facility other than a compost facility.
B. 
Leaves and grass may be placed in biodegradable leaf bags for easier handling, bags that can be composted, or bags that are treated to resist moisture or placed in labeled yard waste trash cans. Plastic bags are a prohibited use.
C. 
All commercial lawn services will dispose of leaves collected within the Township of Buena Vista at a designated and permitted composting facility within Atlantic County and submit, prior to June 1 of each year, the total amount collected in the prior calendar year.
Any person may donate or sell recyclable materials to individuals or organizations authorized by the Township of Buena Vista in its recycling regulations. These materials may either be delivered to the individual's or organization's site or they may be placed at the curb for collection by said individual or organization on days in the Township of Buena Vista's recycling regulations. Said individuals or organizations may not collect recyclable materials on or within the 24 hours immediately preceding a regularly scheduled curbside collection day and shall, prior to June 1 of each year, provide written documentation to the Township of Buena Vista of the total amount of material recycled during the preceding calendar year.
It shall be a violation of this article for any unauthorized person or organization to collect or pick up or cause to be collected or picked up within the boundaries of the Township of Buena Vista any of the recyclable materials designated in § 238-3 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
A. 
In accordance with the New Jersey Statewide Mandatory Source Separation Recycling Act of 1987, N.J.S.A. 13:1E-99.32 et seq., proposals for new developments of 50 or more single-family units and/or five multifamily units and/or 100 square feet or more of commercial or industrial space must incorporate provisions in the site plan for recycling.
B. 
The location and setup of the designated area in new developments are subject to the site plan approvals of the Planning Board. With respect to existing construction, the location and setup of the designated area shall be approved by the appropriate Township officials. When a designated area is not required (i.e., four or fewer contiguous units), approvals shall be granted by appropriate Township officials.
C. 
Any proposals for new housing must incorporate provisions for internal recycling space or enclosed external recycling space in each dwelling unit.
D. 
Master Plans must be updated for recycling every three years and must incorporate a recycling plan element into the Township of Buena Vista Master Plan.
E. 
All Planning Board approvals shall be conditional upon compliance with this section.
A. 
The Township Committee of the Township of Buena Vista is hereby authorized to establish and promulgate reasonable regulations to be adopted by resolution of the Township Committee of the Township of Buena Vista detailing the manner, days and times for the collection of the recyclable materials designated in § 238-3 of this article. Such regulations shall take effect only upon the approval of the Township Committee of the Township of Buena Vista by adoption of a resolution implementing the same.
B. 
The Township is hereby authorized and directed to enforce the provisions of this article and any implementing regulations adopted hereunder. The Township, in enforcing the provisions of this article, may issue written warnings and/or summonses returnable to Buena Vista Township Municipal Court, which shall have jurisdiction to hear such complaint(s) for violation(s) of this chapter and article.
C. 
The position of the Township of Buena Vista Recycling Coordinator as per N.J.S.A. 13:1E-99.13b(1) is hereby established and will be held by the person who shall be appointed by resolution of the Township Committee of the Township of Buena Vista. The Township of Buena Vista Recycling Coordinator's name and telephone number shall be forwarded to the Atlantic County Utilities Authority.
A. 
The Township of Buena Vista or any other person collecting solid waste generated within the Township of Buena Vista may refuse to collect solid waste from any person who has clearly failed to source-separate recyclables designated under any applicable section of this article.
B. 
In the event that the Township contracts for solid waste collection, the contracted hauler would be responsible to refuse to collect solid waste designated with recyclables; and said hauler would be responsible to report to the Department of Community Education the addresses of residents involved at the end of each collection day.
A. 
Any person, firm or corporation violating the provisions of any section of this article shall be issued a warning for the first and second offense and will then be subject to a fine of not less than $100 nor more than $1,000 for each offense and/or 15 to 30 days' community service and/or 15 to 90 days' jail sentence.
B. 
Each and every day in which a violation of any of the provisions of this article exists shall constitute a separate offense.
C. 
Action shall be taken to enforce the provisions of this article immediately upon municipal approval.
D. 
Any person, firm or corporation placing nonrecyclable materials at the recycling dropoff facility within the Township of Buena Vista shall be subject to a fine of not less than $100 nor more than $1,000 for each offense.
It is the purpose of this article to establish requirements and procedures for the safe, efficient and lawful management and collection of solid waste within the Township of Buena Vista in accordance with the requirements of the laws of the State of New Jersey and the requirements of other county and local regulations dealing with the disposal of solid waste. This article shall accompany Article I of this chapter, which establishes requirements and procedures for recycling of certain waste materials within the Township, and Chapter 168, which regulates littering and dumping within the Township.
The words, terms and phrases used in this article shall have the following meanings:
ASHES
The residue from burning wood, coal, coke or other combustible materials.
BULKY WASTE (TYPE 13)
Large items of waste materials, such as tires, appliances, furniture, mattresses, rugs, wood and branches.
COMMERCIAL OPERATION
Activity related to business, industry or trade, including but not limited to farming operations, retail stores, offices, professions, residential buildings containing more than one unit, shopping centers, trailer parks and similar uses, whether an individual unit or combined with a single-family building use.
DISPOSAL FACILITY
A solid waste facility used for the disposal of solid waste.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including but not limited to schools, hospitals, nursing homes, supervised residential institutions, churches, public office buildings and government offices.
MUNICIPAL WASTE (TYPE 10)
Waste originating in the community from household, commercial and certain institutional sources. It shall include the following:
A. 
Waste material subject to decomposition and/or material incident to ordinary domestic or business use, including, among other things, kitchen refuse, animal or vegetable matter and decaying substances.
B. 
Other municipal waste materials, except materials which are required to be separated for recycling.
ORIGIN AND DESTINATION FORM
Form to be filled out prior to disposing of solid waste transported from residential, commercial or institutional entities. This pertains to both homeowners transporting their own wastes and solid waste contractors/transporters.
PROHIBITED WASTE
Any waste material generated for disposal from outside the Township of Buena Vista; any waste prohibited from disposal at the Atlantic County Utilities Authority (ACUA) Transfer Station, including but not limited to leaves, asbestos, large vehicle parts, flammable, explosive or toxic materials, demolition debris, tires, dry sewage sludge, dry hazardous waste, dry nonhazardous waste, dry nonhazardous chemical waste, oil spill cleanup wastes, nonchemical industrial wastes, infectious waste, waste oil and sludges, bulk liquid and semiliquids, septic tank cleanout wastes, liquid sewage sludge, liquid hazardous waste, liquid chemical waste and other hazardous wastes.
RESIDENCE
A structure occupied and primarily used for residential purposes by one family or one housekeeping unit.
SOLID WASTE
Garbage, trash, bulky waste, other discarded materials and designated recyclables resulting from domestic household and institutional activity or from commercial and agricultural operations, except that it shall not include the following:
(1)
Source-separated food waste collected by livestock producers, approved by the State Department of Agriculture.
(2)
Recyclable materials that are exempted from the regulation pursuant to N.J.A.C. 7:26A.
(3)
Materials approved for beneficial use or categorically approved for beneficial use pursuant to N.J.A.C. 7:26-1.7(g).
(4)
Spent sulfuric acid.
(5)
Dredged material from New Jersey's coastal or tidal waters.
SOLID WASTE CONTRACTOR/TRANSPORTER
Any person who enters into an oral or written agreement with a generator to provide the service of the collection and transportation of solid waste or recyclables for the residential, commercial, or institutional sectors in the Township of Buena Vista. Contractor/transporter is subject to all New Jersey State Regulations pursuant to N.J.A.C. 7:26-3.3.
SOLID WASTE TRANSPORTER
Anyone transporting his/her own household solid waste in a vehicle with general registration plates.
WASTE COLLECTION
The activity operated by the Township of Buena Vista relating to curbside pickup of accepted waste generated by qualified users, and/or the permitted delivery of accepted waste generated by qualified users to a Township dropoff facility.
A. 
Maximum quantities to be collected. A maximum quantity of three thirty-two-gallon containers (or the equivalent) of acceptable waste shall be collected at curbside once per week from each qualified user. Quantities of certain types of waste that may be accepted at a designated Township dropoff facility may be set from time to time by resolution of the Township governing body.
B. 
Acceptable waste. Type 10 municipal solid waste shall be accepted for curbside pickup subject to the maximum quantity limits above. Certain Type 13 bulky waste shall also be accepted at curbside subject to payment of required fees as stated in § 238-17. Waste that may be accepted at a designated Township dropoff facility may also include certain Type 13 bulky waste items, as determined from time to time by resolution of the Township governing body.
C. 
Users.
(1) 
Qualified. These shall include:
(a) 
Any occupied single-family residence.
(b) 
Any commercial operation contained in or adjoining on the same property of any single-family residence, provided that the combined weekly waste from the commercial operation and single-family residence does not exceed the maximum allowed limit.
(c) 
Any institutional establishment or nonprofit organization, provided that weekly waste generation does not exceed the maximum allowed limit.
(2) 
Nonqualified Township waste collection shall not be provided for the following users or operations:
(a) 
Any commercial operation, except as allowed in Subsection C(1)(b) above.
(b) 
Any industrial operation, light or heavy.
(c) 
Building or demolition permit permittees (products of permit).
D. 
Materials created from commercial operations. If materials are derived upon a property from commercial operations, such as builder construction or demolition, renovation, landscaping or other commercial ventures, such materials generated shall be removed by the builder or other vendor and shall not be placed at curbside for collection by the Township.
E. 
Containerization of waste for collection.
(1) 
Acceptable receptacles. Reusable containers shall be of metal or other noncorrodible material, shall be watertight and equipped with handles, shall have a capacity not to exceed 32 gallons and shall not have tapered openings or sharp edges that may hamper or injure the person emptying the container, nor shall the filled container exceed 40 pounds in weight. Waste may also be placed in secure plastic bags, as per the same restrictions above.
(2) 
It shall be the obligation of the person who is placing materials for collection to provide suitable, safe and sufficient receptacles for the storage of waste to be collected.
(3) 
Preparation. Receptacles shall be prepared for collection in such a manner so as to prevent their contents from being scattered or blown upon any public or private premises.
(4) 
Loose or noncontained garbage and trash will not be picked up.
F. 
Placement time. All waste materials set out for collection shall be placed at curbside no later than 7:00 a.m. on the day of collection nor sooner than 7:00 p.m. the evening before the day of collection. All empty waste containers must be removed from curbside by 7:00 p.m. on the evening of the day of collection.
G. 
Collection or disturbance by unauthorized persons. When materials have been placed for collection, it shall be intended that the ownership of such materials has been abandoned by the person so placing them to the Township, and it shall be a violation of this article for any unauthorized person to collect or disturb the contents of said materials.
H. 
Deposit of waste at dropoff facility. The Township may provide a facility where qualified users may deposit certain solid waste materials in certain quantities. This facility may be designated and used only in accordance with rules and regulations established by the Township for such use. The governing body of the Township reserves the right to adopt such rules and regulations by resolution to determine acceptable materials, hours of operation, limits, methods of deposit, permits for usage and other matters necessary for the proper operation of the facility.
I. 
Waste from other jurisdictions. No solid waste generated from outside the limits of Buena Vista shall be included in any waste placed for collection by the Township.
A. 
Intention. The intention of this section is to provide a method of securing revenue to meet at least in part the following added costs and to impose the charges for this service approximately to the persons who receive the service. This result has not been reached arbitrarily and is a conclusion taken from a study of costs and charges which face the Township. The Township has incurred substantial increased cost to transport and dispose of solid waste, including, among other costs, a tipping or disposal fee paid to the Atlantic County Utilities Authority for mandated use of the county transfer station. This disposal fee is in addition to the other costs of administration, equipment and labor which the Township maintains in order to provide waste collection service to the community.
B. 
Fees imposed. There is hereby created a schedule of fees to be charged for the collection and/or disposal of certain bulky waste items. Each qualified user who accepts the service of curbside collection of such waste or who delivers such waste to a designated Township dropoff shall pay for this service to the Township. A list of fees prescribed for the collection and disposal of each of these items shall be available at the office of the Clerk of Buena Vista Township. This list shall also be subject to change from time to time upon resolution by the governing body of the Township.
C. 
Sticker fee system. The fees provided for shall be paid to the Township of Buena Vista by purchase of Township approved and issued stickers to be applied to the waste item requiring disposal. The governing body of the Township reserves the right to establish by resolution those requirements and procedures for application and purchase of such stickers.
D. 
Misuse of stickers. Any person who attempts to duplicate or counterfeit a sticker or otherwise use a sticker in violation of its intent shall be in violation of this article and subject to the penalties imposed pursuant to § 238-21.
Any solid waste contractor transporting solid waste within the Township of Buena Vista must comply with all New Jersey State solid waste rules and regulations pursuant to N.J.A.C. 7:26.
A. 
The solid waste contractor/transporter must be fully licensed in the State of New Jersey and follow all the rules and regulations set forth in N.J.A.C. 7:26.
B. 
The solid waste contractor/transporter must fill out an "origin and destination" form prior to transporting waste generated in this municipality.
C. 
Each contractor shall provide a current rate schedule to the Township. Any resident that requests information about the contractors/transporters that service the Township can call the Department of Community Education for each hauler's fee schedule. Each shall provide a current rate schedule that includes the cost of trash and recycling. This fee must be a "bundled fee" so that any resident will pay that hauler directly for the two services together.
D. 
Any solid waste contractor that collects trash from any residence shall also provide collection of recyclables to the same.
(1) 
Any solid waste contractor engaged in a private solid waste collection service within the Township of Buena Vista must provide all responsible solid waste generators with the opportunity to contract for, on an individual basis, regular solid waste/recycling collection services. The governing body of the Township of Buena Vista may require any solid waste contractor engaged in a private solid waste/recycling collection service within this municipality in identifying those responsible solid waste generators who fail to comply with the provisions of N.J.S.A. 40:66-5.1.
E. 
Solid waste collected within this Township by private contractors must be collected in separate vehicles from recyclables collected.
(1) 
Collection vehicles must be securely covered to prevent littering.
(2) 
Solid waste collection must not begin before 7:00 a.m.
F. 
All recyclable material and solid waste must be source-separated prior to collection (by customer) and remain source-separated throughout the collection process.
G. 
Each residential solid waste contractor/transporter shall provide a current rate schedule to its customer that includes the cost of trash and recycling. This fee must be a "bundled fee" so that any resident will pay that hauler directly for the two services together. If solid waste is found to contain recyclables and is marked for noncollection by the designated Recycling Enforcement Officers, the solid waste contractor/transporter must leave the trash at the curb.
A. 
Any solid waste collector/transporter picking up solid waste materials within the Township of Buena Vista must comply with all New Jersey State rules and regulations.
B. 
Each solid waste collector/transporter shall provide a current rate schedule to the Township. Any resident that requests information about the collectors/transporters that service the Township can call the Department of Community Education, Office of Recycling, for each collector's fee schedule.
C. 
Any solid waste collector/transporter operating in the Township of Buena Vista from any single-family residence will also provide collection of recyclables for the same. This is to be a "bundled fee" allowing the resident to pay the contracted collector for the two services together.
(1) 
Solid waste and recyclable materials must be collected in separate vehicles.
(a) 
These vehicles must be clearly marked.
(b) 
Collection vehicles must be securely covered to prevent littering.
A. 
Collection districts and schedule. The Sanitation Department shall administer the collection of accepted solid waste materials. The Township shall be divided into curbside collection districts, and a collection schedule for each district shall be maintained. The Superintendent of the Department shall be responsible for the collection schedule. If special dates are established for any district, public notice shall be given of such amended schedule. If special collection arrangements are necessary, they shall be arranged with the Superintendent.
B. 
Recycling and Waste Management Committee. The Recycling and Waste Management Committee of the Buena Vista Township Environmental Commission is hereby authorized to make recommendations relating to the purpose of this article.
A. 
Enforcement officers. The responsibility for enforcement and complaint of any section of this article shall be with the Supervisor of the Township Sanitation Department and the Zoning Officer.
B. 
Violations and penalties. Violations of this article shall be complained by the enforcement officer(s) in the Municipal Court, and violators shall be subject to the following penalties:
(1) 
A fine of not less than $100 nor more than $500; and/or
(2) 
Fifteen to 30 days' community service or 15 to 90 days in jail.