[Adopted 4-15-1991 by Ord. No. 387]
[Amended 11-21-1994 by Ord. No. 421]
A. 
There is hereby established in the Borough of Buena a collection point to be known as the "Borough of Buena Container Pickup Facility/Convenience Center," to be located on municipal property in the area behind the existing Road Department garage on Summer Avenue in the Borough of Buena.
B. 
The purpose of the Container Pickup Facility/Convenience Center is to provide residential property owners who reside on property in the Borough of Buena, who are not engaged in a commercial business or enterprise on the property and who would be required to hire a third party to remove household trash or bulky waste which is generated on the property, but which is not otherwise suitable for curbside collection, with a place to dispose of such trash.
[Amended 11-21-1994 by Ord. No. 421]
The Container Pickup Facility/Convenience Center shall be available only to residents of the Borough of Buena who reside on property at which household trash or bulky waste is accumulated and shall be used only for the disposal of household trash or bulky waste which is not otherwise suitable for curbside collection. The Container Pickup Facility/Convenience Center may also be used for the disposal of recyclable items as hereinafter set forth in this article. No resident shall deliver in excess of three cubic yards of bulky household trash to the Container Pickup Facility/Convenience Center at one time, and the Borough shall have the right to deny a resident access to the Container Pickup Facility/Convenience Center in the event that such resident is using a vehicle in excess of three cubic yards for the purpose of delivering bulky household trash to the Container Pickup Facility/Convenience Center.
Because of the costs of disposing of bulky household items, the Container Pickup Facility/Convenience Center shall not be open on a regular daily basis. Rather, the dates and hours of operation shall be determined from time to time by resolution of the Borough Council, and the dates and times of operation shall thereafter be posted on the municipal bulletin board at the Borough Hall, at the Borough Garage and upon a sign board to be erected for such purpose at the Container Pickup Facility/Convenience Center.
A. 
All residential trash, excluding putrescible matter and trash otherwise collected at curbside by the municipal trash contractors, may be placed in the container to be located at the Container Pickup Facility. Such items shall include I.D. 13 bulky waste generated by residential properties in the Borough of Buena. Those items which are too large to be placed in the container may be placed on the ground next to such container.
B. 
All metal items and white goods, including refrigerators, stoves, washing machines and similar items, shall be placed in an area specifically designated for this type of material.
C. 
Construction materials resulting from minor construction, minor remodeling and minor repair of a residential property or dwelling unit shall be accepted, provided that such construction material does not exceed three cubic yards. Such construction materials shall be placed in an area especially designated for such material. For purposes of this section, the reshingling or reconstruction of a roof shall not be deemed minor construction or repair where more than three cubic yards of shingles and/or other construction debris is to be disposed of at the Convenience Center.
[Amended 11-21-1994 by Ord. No. 421]
D. 
The following items shall not be deposited in the Container Pickup Facility:
[Amended 11-21-1994 by Ord. No. 421]
(1) 
Kitchen garbage.
(2) 
Liquids of any type.
(3) 
Chemicals, solid or liquid.
(4) 
Masonry debris, including but not limited to bricks, stones, cement or concrete.
(5) 
Dirt, sand and fill.
(6) 
Toxic, hazardous or explosive materials.
(7) 
Any rubbish from commercial or industrial establishments. Trash or debris arising from the construction, reconstruction or repair of rental units, whether or not such rental units are residential in nature, is deemed to be commercial in nature.
(8) 
Building materials, including but not limited to materials from buildings which are being demolished or removed, or materials from new building construction or alterations.
(9) 
Tree limbs, grass cuttings or leaves.
[Amended 1-28-2013 by Ord. No. 603]
A. 
Municipal fees for the disposal of appropriate items at such Facility/Convenience Center shall be set as follows:
Item
Amount
Fee
General waste
0 to 3 cubic yards
$25
Roofing shingles
Up to 1 1/2 cubic yards
$50
Roofing shingles
1 1/2 to 3 cubic yards
$75
Minimum for bulky household trash
$2 per piece
Each passenger car tire
$2
Concrete up to 1 pickup truck
$10
B. 
Fees listed above shall be increased annually, beginning January 1, 2014 by 2.5% and rounded normally ($0.49 or less rounded down, $0.50 and greater rounded up to the nearest dollar).
C. 
The above fees may be amended by resolution of Council as is necessary.
In order to effectuate the provisions of this article, the Container Pickup Facility/Convenience Center shall be maintained by the Road Department, which shall see to the proper use of the facility by municipal residents and which shall check to verify that only Borough residents are using said facility/convenience center.
The Council of the Borough of Buena may, by resolution, adopt such rules and regulations as it may deem necessary or desirable for the proper functioning of the Container Pickup Facility/Convenience Center.
The Container Pickup Facility/Convenience Center may be utilized by nonprofit organizations in the Borough of Buena such as social clubs, churches, fire companies, rescue squads and similar nonprofit organizations, provided that the trash placed in the container and recycling center by such organizations is of a household nature as required by this article.
[Amended 11-21-1994 by Ord. No. 421]
The Council of the Borough of Buena has determined that commercial, industrial or agricultural establishments in the Borough of Buena are capable of disposing of trash and bulky items in the regular course of business, since the cost of such disposal can be treated as a business expense. As a result, and to minimize the cost to residents of disposing of residential bulky household trash as provided for in this article, trash generated by commercial, industrial or agricultural sources shall not be disposed of at the Borough of Buena Container Pickup Facility/Convenience Center, notwithstanding that the owners of such commercial, industrial or agricultural establishments may be residents of the Borough of Buena, may own one or more residential properties in the Borough of Buena or may reside in the structure where the commercial, industrial or agricultural trash is generated.
Any person who shall violate any provision of this article shall, upon conviction, be liable for a fine of not more than $500 or for imprisonment for a term not more than 90 days, or both, in the discretion of the Municipal Court.
[1]
Editor's Note: Ordinance No. 548, adopted 4-9-2007, provided as follows: "All penalty provisions of existing ordinances of the Borough of Buena are hereby repealed and superseded by these provisions, except that any provisions of any existing ordinance that imposes a mandatory minimum fine or other mandatory minimum penalty shall remain in full force and effect." See now Chapter 1, General Provisions, Article III, Enforcement.
This article shall be interpreted so that the proposed Container Pickup Facility/Convenience Center is consistent with and not in violation of state law and all regulations of the Department of Environmental Protection, the Atlantic County Solid Waste Management Plan and all solid waste regulations of the County of Atlantic.