[HISTORY: Adopted by the Board of Commissioners
(now City Council) of the City of Brigantine 3-16-2016 by Ord. No. 6-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, weeds and other debris — See Ch. 115.
Garbage, rubbish and refuse — See Ch. 187.
Littering — See Ch. 204.
Nuisances — See Ch. 220.
[1]
Editor's Note: This ordinance also superseded former Ch. 242,
Recycling, adopted 1-20-1988 by Ord. No. 1-1988, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment used for commercial purposes, such as bars,
restaurants, private offices, fitness clubs, retail stores, banks
and financial institutions, supermarkets, auto and boat dealerships,
and other establishments with common business areas.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Atlantic County District
Solid Waste Management Plan to be source separated for the purpose
of recycling.
A computer central processing unit and associated hardware
including keyboards, modems, printers, scanners and fax machines;
a cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches, measured diagonally, and that contains one or more circuit
boards, including a television, and cell phones.
Any building or structure, or complex of buildings, in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (see N.J.S.A.
13:1E-99.13a.) and shall include hotels, motels, or other guest houses
serving transient or seasonal guests as those terms are defined under
Subsection G of Section 3 of the Hotel and Multiple Dwelling Law,
P.L. 1967, c. 76 (C.55: 13A-1 et seq.).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things; enforce the
provisions of this chapter, and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of Brigantine.
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.
A single-family dwelling, including attached structures such
as porches and stoops; or
A single-family dwelling unit in a structure that contains more
than one separate residential dwelling unit, and in which each such
unit is used or occupied, or intended to be used or occupied, in whole
or in part, as the home or residence of one or more persons.
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.
A.
Mandatory source separation. It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include, but not be limited to, retail and other
commercial locations, as well as government, schools and other institutional
locations within the City to separate designated recyclable materials
from all solid waste. The following designated recyclable materials
are to be recycled at both residential dwellings and commercial establishments:
aerosol containers, aluminum cans, antifreeze, asphalt, auto/truck
bodies, batteries, bimetal cans, CFC refrigerants, concrete, consumer
electronics, corrugated cardboard, ferrous scrap, glass containers,
grass, HDPE/PETE plastic, magazines, mixed paper, newsprint, nonferrous
scrap, office paper, oil contaminated soil, propane tanks, telephone
books, textiles tires, tree parts/yard trimmings, used motor oil and
white goods. The following designated recyclable materials are to
be recycled at commercial establishments: block, brick, fluorescent
bulbs, oil filters and polystyrene. These materials shall be deposited
separate and apart from other solid waste generated by the owners,
tenants, or occupants of such premises.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source separate from
the municipal solid waste stream the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this chapter, a commercial or institutional generator of solid
waste shall file an application for exemption with the municipal recycling
coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the municipal recycling coordinator
of the total number of tons collected and recycled for each designated
material.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
All containers and recyclable materials shall be placed, prior to
collection, between the curb and the sidewalk, or in the absence of
curb and sidewalk, as near to the street as not to constitute a danger,
where such receptacles shall be readily accessible to the collector
without providing obstruction to pedestrians. The owner or occupant
of the premises shall keep all receptacles clean and in safe handling
condition. Receptacles or other items to be disposed of shall be placed
as noted above any time after 5:00 p.m. of the day immediately preceding
the day of collection, but no later than 6:00 a.m. of the day of collection.
After collection, any containers shall be removed from the curbside
by no later than 7:00 p.m. of the day of collection.
B.
All receptacles or dumpsters shall be kept clean and in a safe manner.
The owner of any property shall be responsible for compliance
with this chapter. For multifamily units, the management or owner
is responsible for setting up and maintaining the recycling system,
including collection of recyclable materials, in accordance with guidelines
or regulations established by the appropriate municipal office. Violations
and penalty notices will be directed to the owner or management, in
those instances where the violator is not easily identifiable. The
management shall issue notification and collection rules to new tenants
when they arrive and every six months during their occupancy.
A.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this chapter.
B.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoors litter
receptacles and disposal service for their contents shall also provide
receptacles for designated recyclable materials, for those materials
commonly deposited, in the location of the litter receptacle, and
shall provide for separate recycling service for their contents.
C.
Every business, institution, or industrial facility shall report
on an annual basis to the Recycling Coordinator, on such forms as
may be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
D.
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.
A.
Any application to the planning board of the City for subdivision
or site plan approval for the construction of multi-family dwellings
of three or more units, single-family developments of 50 or more units,
or any commercial, institutional, or industrial development for the
utilization of 1,000 square feet or more of land, must include a recycling
plan. This plan must contain, at a minimum, the following:
(1)
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
(2)
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.
B.
Prior to the issuance of a certificate of occupancy by the City,
the owner of any new multi-family 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 recyclable materials, in those instances where
the municipality does not otherwise provide this service.
C.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the municipal engineer.
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 resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
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 those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
The following are the designated recyclables for residential
and commercial entities (unless otherwise indicated) in the City of
Brigantine: aerosol containers, aluminum cans, antifreeze, asphalt,
auto/truck bodies, batteries, bimetal cans, block, brick, CFC refrigerants,
concrete, consumer electronics, corrugated cardboard, ferrous scrap,
fluorescent bulbs, glass containers, grass, HDPE/PETE plastic, magazines,
mixed paper, newsprint, nonferrous scrap, office paper, oil contaminated
soil, oil filters, polystyrene, propane tanks, telephone books, textiles
tires, tree parts/yard trimmings, used motor oil and white goods.
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, the Housing
Officer, and the Atlantic County Department of Health are hereby individually
and severally empowered to enforce the provisions of this chapter.
An inspection may consist of sorting through containers and opening
of solid waste bags to detect, by sound or sight, the presence of
any recyclable material.
A.
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this chapter or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250, or more than $1000. Each
day for which a violation of this chapter occurs shall be considered
a separate offense.
B.
Fines levied and collected pursuant to the provisions of this chapter
shall be immediately deposited into the Municipal Recycling Trust
Fund.
