[HISTORY: Adopted by the Board of Commissioners
of the City of Margate City 5-24-1990 by Ord. No. 1990-10. Amendments noted
where applicable.]
This chapter shall be known and may be cited
as the "Recycling Ordinance of the City of Margate."
The words, terms and phrases used in this chapter
shall have the following meanings:
All aluminum beverage containers and all aluminum pet food
or other containers.
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 are free of food contaminants,
plastic, wax and foam materials that would make them undesirable for
recycling purposes. All cardboard and packaging must be opened and
flattened for ease of handling.
Those properties used primarily for commercial purposes.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools, nursing homes, libraries and
government offices.
All residential living units containing four or more dwelling
units.
Newsprint and other forms of paper and paper products such
as magazines, telephone books, catalogs, white office paper, computer
paper, etc., excluding those soiled (i.e., containing carbon, adhesive
or plastic) or unfit due to health and/or sanitary reasons. Newspapers
shall also be deemed soiled if they have been exposed to substances
rendering them unusable for recycling (i.e., water).
Every owner, lessee and occupant of a residence or commercial
or institutional establishment within the boundaries of the City of
Margate.
Plastic soda, juice and liquor bottles; plastic laundry and
dish detergent bottles; and plastic bleach bottles. In addition, any
plastic bottles or containers that have the recycling symbol or the
initials PETE or HDPE stamped on the container.
Those materials which would otherwise become municipal solid
waste and which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products.
Any occupied single-family dwelling or multifamily dwelling
having up to four dwelling units per structure from which a municipal
or private hauler collects solid waste.
Garbage, refuse and other discarded solid material normally
collected by a municipal or private hauler.
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 City of Margate,
hereinafter referred to as the "municipality," as follows:
A.
Residences and multifamily residences shall recycle
aluminum cans, glass containers, plastic containers, newspapers and
paper goods.
B.
Commercial and institutional establishments shall
recycle aluminum cans, glass containers, plastic containers, cardboard,
newspapers and paper goods such as white office paper and computer
paper.
C.
As the municipality sees fit to include other recyclable
materials in the program, all persons falling under this chapter will
be required to separate these items from the municipal solid waste
stream.
D.
Carpet and padding are hereby designated as recyclable
materials and shall be separated from the municipal solid waste stream.
The City of Margate will pick up carpet and padding from properties
and will accept carpet and padding at the municipal drop-off facility
on dates and times as determined by the Department of Public Works.
If installation of carpet and padding is performed by a professional/commercial
carpet and padding company, it will be the home owner's responsibility
to dispose of same. Carpet and padding must be dry and rolled, tied
and bundled in sections of four feet by eight inches in order to be
accepted at the Atlantic County Utilities Authority Recycling Center
and Processing Facility.
[Added 12-20-2007 by Ord. No. 2007-54; amended 10-1-2015 by Ord. No.
13-2015]
E.
All electronic waste (e-waste), which includes but
is not limited to computers, televisions, VCRs, DVDs, and electronic
game stations, is hereby designated as recyclable materials and shall
be separated from the municipal solid waste stream. E-waste must be
transported by the property owner, manager or agent to the Atlantic
County Intermediate Processing Facility for recycling. The City of
Margate will not pick up e-waste from properties, nor will it accept
e-waste at the municipal dropoff facility.
[Added 2-21-2008 by Ord. No. 03-2008]
F.
All metal
appliances, including but not limited to washers, dryers, refrigerators,
bed frames and hot water heaters, and all aluminum household items,
including but not limited to tables, chairs and beach chairs, are
hereby designated as recyclable materials and shall be separated from
the municipal solid waste stream.
[Added 6-17-2010 by Ord. No. 18-2010]
G.
The penalty
for violation of this section shall be in the amount of $100.
[Added 4-17-2014 by Ord. No. 22-2014]
A.
The recyclable materials designated in § 221-3 of this chapter, 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 municipality'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 municipality'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 said 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.
G.
The penalty
for violation of this section shall be in the amount of $100.
[Added 4-17-2014 by Ord. No. 22-2014]
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 § 221-3 and place them in the designated place.
B.
All multifamily residences that provide private collection for recyclable materials named in § 221-3 of this chapter shall submit written documentation to the municipality 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 Municipal Recycling Coordinator and Atlantic County Utilities Authority must be notified of the collection method selected.
Commercial and institutional establishments
may transport their recyclables to the containers at the municipal
drop-off facility or to the Atlantic County Intermediate Processing
Facility or contract with a private hauler to collect them. 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 City Clerk and the Atlantic County Utilities Authority
prior to June 1 for the preceding calendar year. Materials taken to
the county facility will be recorded for the municipality. Municipal
records will be maintained for materials disposed of at the drop-off
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.
A.
All persons within the municipality shall, for the
period from October 15 through December 1 and March 15 through April
30 of each year, 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 leaves at the curb
or other designated collection area at such times and dates and in
the manner established by the municipality's recycling regulations.
The use of biodegradable leaf bags may be used in the manner established
by the municipality's recycling regulations as an alternative to loose
leaves placed at the curb.
B.
All commercial lawn services will dispose of leaves
collected within the municipality at the composting facility within
the City yard and submit, prior to June 1 of each year, the total
amount collected in the prior calendar year.
A.
Alternative collection of recyclable materials. Any
person may donate or sell recyclable materials to individuals or organizations
authorized by the municipality 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 the days specified in the municipality'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 municipality of the total
amount of material recycled during the preceding calendar year.
B.
Collection by unauthorized persons. It shall be a violation of this chapter for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 221-3 of this chapter. Each such collection in violation of this chapter shall constitute a separate and distinct offense punishable as hereinafter provided.
In accordance with the New Jersey Statewide
Mandatory Source Separation Recycling Act of 1987,[1] 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. Master Plans must be updated for recycling
every three years and must incorporate a recycling plan element into
the Municipal Master Plan.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et
seq.
A.
The Municipal Council is hereby authorized to establish and promulgate reasonable regulations to be adopted by resolution of the Municipal Council detailing the manner, days and times for the collection of the recyclable materials designated in § 221-3 of this chapter. Such regulations shall take effect only upon the approval of the Municipal Council by adoption of a resolution implementing the same. The municipality is hereby authorized and directed to enforce the provisions of this chapter and any implementing regulations adopted hereunder. The position of the Municipal 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 Municipal Council. The Municipal Recycling Coordinator's name and telephone number shall be forwarded to the Atlantic County Utilities Authority.
B.
Noncollection of solid waste contaminated by designated
recyclables. The municipality or any other person collecting solid
waste generated within the municipality may refuse to collect solid
waste from any person who has clearly failed to source-separate recyclables
designated under any applicable section of this chapter.
[Added 8-15-2013 by Ord. No. 18-2013[1]]
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 devise 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 curbside beyond 7:00 p.m. on the day of collection will be
considered a violation of this chapter and the local sanitary code.
C.
Once placed in the location identified by this chapter, or any rules
or regulations promulgated pursuant to this chapter, 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 material, it shall become the property of the municipality
or its authorized agent. It shall be a violation of this chapter 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 public events.
B.
Compliance with diversion requirement. The Municipal Recycling Coordinator
shall review the information submitted pursuant to this section of
the chapter 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 chapter for any owner or permit holder to fail to comply with
the recycling requirements set forth herein.
A.
The Municipal Recycling Coordinator and the following designees:
the Public Works Manager, the Code Enforcement Officer and the Margate
City Police Department, are hereby individually and severally empowered
to enforce the provisions of this chapter. The enforcers of the article
may conduct an inspection at the site of the generator, which consists
of sorting through containers and opening of solid waste bags, to
detect, by sound or sight, the presence of any designated recyclable
material.
B.
Additionally, the Atlantic County Health Department (ACHD) shall
be empowered to enforce the provisions of this chapter. The municipality
shall retain primary enforcement responsibility with the ACHD serving
in a secondary enforcement role, which includes inspection of commercial
establishments with proof of prior law enforcement actions.
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 chapter; provided,
however, that such rules and regulations shall not be inconsistent
with terms and provisions of this chapter 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.
A.
Any person, firm or corporation violating the provisions of any section
of this chapter shall be issued a warning for the first and second
offense and will then be subject to a fine of not less than $50 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 chapter exists shall constitute a separate offense.
C.
Action shall be taken to enforce the provisions of this chapter immediately
upon municipal approval.
D.
Any person, firm or corporation placing nonrecyclable materials at
the recycling dropoff facility within the City of Margate shall be
subject to a fine of not less than $25 nor more than $1,000 for each
offense.
Every nongovernmental person or entity whose business involves
the collection, removal or disposal of recyclable material shall be
required to be licensed by the City of Margate.
As used in this chapter, the following terms have the meanings
indicted:
A person or entity whose business involves the collection,
removal or disposal of recyclable materials. Said commercial recyclable
collector may be referred to as a "scrapper."
Every device in, upon or by which a person or property is
or may be transported upon a highway.
The application for a permit to operate or conduct business
as a scrapper in Margate City shall be made in writing to the City
Clerk and signed by the applicant. The application shall be forwarded
to the Municipal Recycling Coordinator for review and approval, which
approval shall not be unreasonably withheld. The application shall
set forth:
A.
Name, address and telephone number of the applicant, which shall
include the names of all individuals, members, owners or operators
of the applicant.
B.
The character and type of all recyclable material that is to be gathered
by the scrapper.
C.
The location where the recyclable material is to be taken and the
name and telephone number of the company or organization to receive
such recyclable material.
D.
The New Jersey Business Certification of Registration and the FEIN
(federal employer identification number).
Every scrapper operating within Margate City shall be required
to comply with the following:
A.
The name of the scrapping company shall be clearly indicated on both
sides of any vehicle used in said operation, shall be no less than
three inches in height, and shall include the address and telephone
number.
B.
The annual fee of $50 shall be paid to the City by each commercial
scrapper. The annual registration fee of $50 shall be waived upon
proof that the contractor possesses a New Jersey State contractor's
license.
C.
Tags identifying that vehicles have been properly registered must
be displayed on each vehicle. A fee of $1 per tag shall be charged
for each contractor's vehicle possessing, a New Jersey State contractor's
license. For scrappers not possessing a New Jersey State contractor's
license, one tag shall be given without charge. The fee for each additional
tag shall be $1.
D.
Registration shall be renewed no later than March 31 of each year.
The annual fee of $50 is due and payable in full at the time of registration.
