[Amended 3-7-2006 by Ord. No. 1251; 3-4-2008 by Ord. No.
1304; 4-2-2013 by Ord. No. 1420]
This article shall be known and may be cited as the "Borough
of Stone Harbor Recycling Program Ordinance."
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Those materials designated within the Cape May County Solid
Waste Management Plan to be source separated for the purpose of recycling
by residential, commercial, institutional and industrial sectors.
The recycling of these materials is mandatory; they cannot be disposed
of as solid waste. The source separation recyclable materials that
are mandated for recycling are organized into the following two categories,
which include but are not limited to:
Category 1: designated recyclable materials to be set out at
rear yard:
The following source-separated recyclable materials shall be
mixed together and set out at rear yard for collection; this set out
and collection system shall be known as "single-stream collection."
The following items are included as single-stream recyclable materials:
PAPER PRODUCTSNewspaper with inserts, magazines, office paper, junk mail, including shredded paper, telephone and paperback books, corrugated cardboard, brown paper bags, nonfoil wrapping paper and chipboard packaging, including but not limited to dry food boxes (cereal, rice, pasta, cookie and cracker), gift, shoe and tissue boxes, powdered detergent boxes, paper towel rolls, clean pizza boxes (no food debris) and cardboard beverage carriers. Remove and throw away all liner bags, food-contaminated paper and wax-coated cardboard boxes. Shredded paper may be placed in a clear plastic bag.
GLASS, FOOD AND BEVERAGE CONTAINERSClear, green and brown food and beverage bottles and jars, excluding, however, blue bottles, window glass and light bulbs. All food and liquid residue shall be removed from containers.
METAL FOOD AND BEVERAGE CONTAINERSAluminum and steel food and beverage containers five gallons or less in size, including empty aerosol cans. No paint cans. All food and liquid residue shall be removed from containers.
PLASTIC CONTAINERSPlastic containers imprinted with 1 (PETE), 2 (HDPE), 3 (PVC), 4 (LDPE), 5 (PP), 6 (PS), or 7 (Other) on the bottom, five gallons or less in size, including bottles, jugs, jars and other rigid plastic containers. Plastic containers from food, beverage, health, beauty and cleaning products are included. Examples include, but are not limited to, margarine tubs, microwave trays, yogurt containers, plastic buckets and landscape pots. No Styrofoam packaging. No polystyrene egg cartons. No beverage cups. No PVC pipe. No plastic film. No plastics which contained chemicals or hazardous products, such as motor oil or pesticide containers. All food and liquid residue shall be removed from containers.
Designated materials to be recycled but materials "shall not"
be mixed with single-stream recyclable materials - set out at rear
yard:
CHRISTMAS TREESFree of decorations, tree stands and plastic bags; (curbside);
LEAVESComprised mainly of tree and plant leaves and not contaminated with brush or other material;
GRASSLawn grass clippings; and
BRUSH, TREE BRANCHESAll parts of vegetative growth from trees, and vegetative materials generated during land clearing.
Category 2: Designated materials to be recycled by the individual
generator:
FERROUS AND NONFERROUS SCRAPMetals, such as copper, iron, sheet metal, aluminum, radiators, structural steel, metal pipe and white goods, including, but not limited to, appliances containing CFCs or Freon;
COMPUTERS AND CONSUMER ELECTRONICSA computer central processing unit and associated hardware including keyboards, modems, printers, scanners and fax machines, cathode ray tubes, cathode ray tube devices, flat panel displays or similar video display devices with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including, but not limited to, televisions and cell phones. Also includes VCRs, radios and landline telephones;
MOTOR OIL/KEROSENE/NO. 2 HEATING OILCrank-case oil and similar oils, kerosene fuel and No. 2 home heating oil which are used to fuel heating equipment;
WOOD PALLETS AND CRATESClean, untreated, unpainted pallets and crates only;
BATTERIES (LEAD ACID BATTERIES)Used SLA (sealed lead acid) batteries generated from motor vehicles, aviation and marine equipment;
PROPANE TANKSEmpty twenty-pound to thirty-pound barbeque-type tanks;
CONTAMINATED SOILIf classified as ID27, all fuel-contaminated soil, dewatered soil, and stone from septic beds and similar materials which are allowed to be recycled in accordance with the regulations of the New Jersey Department of Environmental Protection;
COMMERCIAL COOKING GREASEGrease and oil generated from food preparation by commercial sources only;
ASPHALT AND CONCRETEAsphalt and concrete materials from construction and demolition projects;
AUTO AND TRUCK BODIESAll junk automobiles, trucks and parts;
TIRESWorn truck and passenger car tires;
USED OIL FILTERSUsed filters that are generated from changing crankcase oil in automobiles, trucks and other vehicles;
ANTIFREEZEUsed antifreeze generated from automobiles, trucks and other vehicles/sources; and
CONSUMER RECHARGEABLE NICAD (NICKEL-CADMIUM) AND SMALL SEALED LEAD ACID BATTERIESSmall sealed batteries generated from use of electronic equipment.
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.
This appointee shall also be responsible to assure that all materials
recycled in the municipality are properly reported and recorded. The
New Jersey Mandatory Source Separation and Recycling Act[1] requires that each municipality appoint at least one individual
as Municipal Recycling Coordinator who has successfully completed
all requirements mandated by the State of New Jersey to be designated
as a New Jersey certified recycling professional.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the municipality
of the Borough of Stone Harbor.
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.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
A.
Mandatory source separation. It shall be mandatory for all persons
who are owners, lessees, tenants or occupants of residential and nonresidential
premises, including but not limited to retail and commercial locations,
government, schools and other institutional locations within the municipality
of the Borough of Stone Harbor to separate designated recyclable materials
from all solid waste.
(1)
Category 1. Designated recyclable materials shall be placed separately
at the rear yard in a manner and on such days and times as may be
hereinafter established by the Borough of Stone Harbor.
(2)
When municipal rear yard collection is not provided for designated
recyclable materials, as is the case for those recyclables included
in Category 2, it shall be the obligation of the generator to deliver
or arrange for the delivery of such materials to the Cape May County
Municipal Utilities Authority (CMCMUA) recycling facilities located
at the sanitary landfill and/or transfer station, as applicable, or
to a private sector market for recycling.
The collection of source-separated recyclable materials shall
be in the manner prescribed as follows:
A.
It is the responsibility of the property owner or occupant of the building to provide adequate size (thirty-two-gallon, 75 pounds maximum) and number of containers for the placement of recyclables for rear yard collections as follows: single-stream recyclable materials as defined in Subsection A(1) of the definition of "designated recyclable materials" in § 466-12 shall be mixed together in one container. More than one container may be used for single-stream recyclable materials; however, each container used should be marked or labeled to identify its contents as single-stream recyclable materials. All set out containers which contain single-stream recyclable materials shall be placed, prior to collection, in the rear yard, where such containers shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all containers, receptacles or dumpsters clean and in safe handling condition. The collection of recyclable materials shall be supervised by the Mayor and Council which shall have the power to establish the time, method and routes of service.
B.
The following materials must be source separated and recycled through
the municipal recycling program in the following manner:
(1)
Leaves and grass will be collected by rear yard pickup as time permits.
The owner or occupant of the building shall call Public Works with
the address.
(2)
Christmas trees will be collected curbside free of decorations, tree
stands and plastic bags from December 26 through January 31.
(3)
Brush and tree branches will be collected by rear yard pickup as
time permits. The owner or occupant of the building shall call Public
Works with the address.
C.
The following materials must be source separated and recycled by
the generator at authorized CMCMUA recycling facilities or any NJDEP-approved
recycling center:
(1)
Wood pallets and crates.
(2)
Propane tanks.
(3)
Computers and consumer electronics.
(4)
Tires.
(5)
Antifreeze.
(6)
Batteries.
(7)
Used motor oil.
(8)
Kerosene/No. 2 heating oil.
(9)
Asphalt and concrete.
(10)
Auto and truck bodies.
(11)
Contaminated soil.
(12)
Cooking grease.
(13)
Consumer rechargeable NiCad and small sealed lead acid batteries.
(14)
White goods.
(15)
Ferrous and nonferrous scrap.
D.
Residential dwelling compliance requirements.
(1)
All recyclable materials, as described herein, shall be and become
the property of the Borough of Stone Harbor from the time they are
placed for collection at the curb, whether collection is to be by
the Borough or by its authorized contractor. It shall be a violation
of this article for any person unauthorized by the Borough of Stone
Harbor to collect or pick up, or cause to be collected or picked up,
any such items. Each and every such collection in violation hereof
from one or more residences constitutes a separate and distinct offense
punishable as hereinafter provided.
(2)
The owner of each property shall be responsible for compliance with
this article. For multifamily units, including but not limited to
condominium complexes and seasonal hotels/motels and guesthouses,
the management or owner is responsible for setting up and maintaining
the recycling system, including collection of source-separated recyclable
materials, except for those designated recyclable materials for which
municipal collection service is provided to multifamily units. Violations
and penalty notices will be directed to the owner or management, in
those instances where the violator is not easily identifiable. The
owner or management shall issue notification and collection rules
regarding recycling requirements to all new tenants when they arrive
and with a reminder a minimum of every six months during their occupancy.
E.
Commercial establishment compliance requirements.
(1)
All commercial, business or industrial facilities shall be required
to comply with the provisions of this article.
(2)
The arrangement for collection of all categories of designated mandatory
recyclables hereunder shall be the responsibility of the commercial,
institutional or industrial property owner or his designee, except
for those specific designated recyclable materials that are collected
by the municipality from that property. All commercial, institutional
or industrial properties at which litter is generated by employees
or the public shall provide litter and recycling receptacles. These
properties shall provide for separate recycling collection services
for the contents of the recycling receptacles.
(3)
Every business, institution or industrial facility shall report on
a quarterly basis to the Municipal Recycling Coordinator, on such
forms as may be prescribed, regarding recycling activities at their
premises, including the amount and type of recycled material not placed
curbside for municipal collection. If material is removed from the
premises by a hauler, recycler or paper shredder, the quantity and
final disposition of the material is to be reported on the form.
(4)
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.
F.
New developments of multifamily residential units or commercial,
institutional or industrial properties
(1)
Any application to the Planning Board of the municipality of the
Borough of Stone Harbor, for subdivision or site plan approval for
the construction of multifamily dwellings of three or more units,
single-family developments of three or more units or any commercial,
institutional or industrial development of 1,000 square feet or more,
must include a recycling plan. This plan shall contain, at a minimum,
the following:
(a)
A detailed analysis of the expected composition and amounts
of solid waste and recyclables generated at the proposed development;
and
(b)
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.
(2)
Prior to the issuance of a certificate of occupancy by the municipality
of the Borough of Stone Harbor, 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 designated
recyclable materials for those locations or properties where the municipality
does not otherwise provide this service.
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 owner or occupant to properly
segregate the uncollected waste for proper disposal and/or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
at the rear yard beyond 7:00 p.m. on the day of collection 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 any personnel authorized by the municipality or the owner or
occupant responsible for placement of the designated recyclable materials
for collection, shall tamper with, collect, remove, or otherwise handle
designated recyclable materials. Upon placement of such designated
recyclable materials, it shall become property of the municipality
or its authorized agent. It shall be a violation of this article for
any person not duly authorized to collect or pick up or cause to be
collected or picked up any recyclable materials that are the property
of the municipality as provided for above.
A.
For all activities that require municipal approval such as construction,
demolition or public event permits, a designated recyclable materials
plan shall be filed along with all other required permit conditions.
The plan shall include provisions for the recovery of all designated
recyclable materials generated during construction, renovation and
demolition activities, as well as during public events.
B.
Compliance with diversion requirement. The Municipal Recycling Coordinator
shall review the information submitted pursuant to this article of
this article and determine, prior to the issuance of the municipal
approval or permit, whether the plan submitted by the owner of the
entity carrying out the covered activity will comply or fail to comply
with the recycling requirements set forth herein. The determination
regarding compliance will be provided to the Municipal Public Works
Director/Supervisor and the owner of the entity carrying out the covered
project, in writing. When such plan is deemed not compliant, the Municipal
Recycling Coordinator shall include specific conditions to be implemented
by the permit holder to achieve compliance. It shall be a violation
of this article for any owner or permit holder to fail to comply with
the recycling requirements set forth herein.
The following designated persons shall be designated as authorized persons to sign complaints and otherwise enforce the provisions of Chapter 466:
The governing body is hereby authorized to promulgate, from
time to time, additional rules and regulations relating to the source
separation, preparation, placement and collection of recyclable materials
pursuant to the provisions of this program and article; provided,
however, that such rules and regulations shall not be inconsistent
with terms and provisions of this article and shall be approved by
the governing body. Such rules and regulations shall be duly promulgated
subsequent to publication so that the public has had notice thereof.
Any person, firm or association of persons who violates or neglects to comply with any provisions of this article, or any regulation promulgated pursuant hereto, shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code, with a minimum fine of $100 for the first offense; and for a conviction of subsequent offenses, be subject to the penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code, with a minimum fine of at least $200. With respect to any conviction, the municipal judge may, instead of a fine, or in addition to such fines, penalize the violator with a requirement that such violator performs up to two weeks' community service work assisting with the municipal recycling program.
The requirements for recycling and the placement of materials
for recycling shall be governed and controlled by this article. To
the extent that other sections of this chapter are inconsistent herewith,
they shall be inapplicable to recycling.
