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.
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).
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.
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.
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.
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.
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.
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.
GARBAGEWaste 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.
TRASHOther 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)
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Source-separated food waste collected by livestock producers,
approved by the State Department of Agriculture.
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(2)
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Recyclable materials that are exempted from the regulation pursuant
to N.J.A.C. 7:26A.
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(3)
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Materials approved for beneficial use or categorically approved
for beneficial use pursuant to N.J.A.C. 7:26-1.7(g).
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(4)
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Spent sulfuric acid.
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(5)
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Dredged material from New Jersey's coastal or tidal waters.
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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.
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.