[1]
Prior ordinance history includes portions of Ordinance 9-13-88, 11-14-89, 7-9-91 and 94-35.
[Ord. No. O-20-11]
a. 
Proper management of solid waste is an important matter of public health and safety. The source separation and recovery of certain recyclable materials will serve the public interest by conserving energy and natural resources, and reducing waste disposal expenses. In accordance with the requirements of the New Jersey Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the 2009 Update to the Monmouth County Solid Waste Management Plan, it is therefore necessary to update and amend existing municipal rules and regulations for the separation, storage, collection and recovery of designated recyclable materials.
[Ord. No. O-20-11]
ALUMINUM CANS
All disposable cans made of aluminum used for food or beverages. Specifically excluded are aluminum foils, pie tins, trays, cookware and other aluminum products.
CLEAN MIXED PAPER
High grade bond paper, mixed office and school papers, such as stationery, construction paper and writing tablets, including computer printouts, magazines, gift wrapping paper, soft cover books, junk mail and single layer cardboard (chipboard). Specifically excluded are carbon papers, hard cover books (unless cover and binder are removed), paper cups and plates, food wrappers or any other paper contaminated by direct contact with food products, and paper products used for personal hygiene, such as tissues.
CORRUGATED CARDBOARD
Layered cardboard including a waffled section between the layers, of the type commonly used to make boxes and cartons. Specifically excluded are waxed cardboard and any cardboard contaminated by direct contact with food, such as pizza boxes.
GLASS BOTTLES AND JARS
Transparent or translucent containers made from silica or sand, soda ash and limestone, used for the packaging or bottling of various products. Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.
NEWSPAPERS
And include paper of the type commonly referred to as newsprint, and includes any inserts which are normally included in the newspaper. Specifically excluded are any pages of the newspaper used for household projects and crafts, such as painting or paper mache projects, or used for cleanup of pet waste.
POURABLE PLASTIC CONTAINERS
Plastic bottles where the neck is smaller than the body of the container, and is limited to plastic resin type #1 PET and plastic resin type #2 HDPE. Specifically excluded are other resin types (#3 through #7) and non-bottle plastic containers such as margarine tubs and other consumer items and packages, such as film plastics, blister packaging, boxes, baskets, toys and other products.
TIN AND BI-METAL CANS
All disposable cans made of tin, steel or a combination of metals including, but not limited to, containers commonly used for food products. Specifically excluded are cans which contain toxic products, such as paints and oils.
[Ord. No. O-20-11]
a. 
It shall be mandatory for all persons who are owners, lessees and occupants of residential property, of business and industrial properties, and of private or public and government institutions and buildings, to separate newspaper, corrugated cardboard, clean mixed paper, aluminum cans, tin and bi-metal cans, glass bottles and jars, and pourable plastic bottles ("designated recyclables"), from all other solid waste produced by such residences and establishments, for the separate collection and ultimate recycling of such materials.
b. 
Residences, businesses and institutions provided with recyclables collection services by municipal forces or through municipal contract shall place all designated recyclables in the appropriate containers at curbside or other area(s) in the manner and schedule as regularly published and distributed by the municipality.
c. 
Any multi-family complex, business or institution not provided recyclables collection service by municipal forces or through municipal contract shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables.
d. 
Any multi-family complex, business or institution which is not provided recyclables collection service by municipal forces or through municipal contract shall provide the municipality with, at a minimum, an annual report describing arrangements for both solid waste and recyclables collection services, including the size, number and location of storage containers, frequency of pickup service, the name and address of any contractor hired to provide such service, and phone or other contact information for the contractor.
e. 
Leaves shall be kept separate from other vegetative waste, and shall only be placed for collection in the manner and schedule as shall be published and distributed by the municipality. Grass clippings shall not be placed with other materials for solid waste collection. This requirement shall not prohibit any person or establishment from making arrangements to collect leaves and grass directly from their property through their own efforts or via contract with a landscape service or other appropriate company, for direct transportation to a permitted recycling operation.
f. 
The following bulky recyclables shall not be placed with solid waste at the curbside or in containers provided for waste collection and transportation to a disposal facility: concrete, asphalt, brick, block, tree stumps, tree limbs over four inches in diameter, metal appliances or bulk metal items larger than one cubic foot and/or heavier than five pounds.
g. 
Automotive and other vehicle or wet cell batteries, used motor oil and antifreeze shall not be disposed as solid waste. Such items are to be kept separate from other waste materials and recyclables, and brought to local service stations, scrapyards, or publicly-operated recycling facilities designed and permitted to handle such products.
h. 
Common, nonrechargeable dry cell batteries, commonly labeled A, AA, AAA, C, D, and nine-volt, may be disposed with regular municipal solid waste; however, rechargeable dry cell and button batteries still contain significant amounts of various toxic metals, including mercury, and shall be separated and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.
i. 
Computers, computer monitors and other related electronic hardware, as well as analog and digital televisions, are prohibited from being placed with other solid waste for disposal. These and other electronic devices shall be kept separate and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for shipment of these items to appropriate processing facilities.
[Ord. No. O-20-11]
a. 
All designated recyclables become the property of the municipality and/or the contracted collector once placed at the curbside, in a container provided by the contractor, or brought to and accepted at the Municipal Recycling Depot.
b. 
It shall be a violation of this section for any unauthorized person to pick up or cause to be picked up, any recyclable materials as defined herein. Each such collection shall constitute a separate and distinct offense.
c. 
Notwithstanding anything herein to the contrary, any person may donate or sell self-generated recyclable materials to any person, partnership or corporation, whether or not operating for profit. The person, partnership or corporation, however, shall not pick up the recyclable materials at curbside.
[Ord. No. O-20-11]
a. 
No liquids of any type shall be placed with recyclables, or with solid waste for collection and disposal.
b. 
No chemicals, liquid paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products, or other hazardous wastes shall be placed with recyclables, or with solid waste for collection and disposal.
[Ord. No. O-20-11]
a. 
All apartment and other multi-family complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for use by residents, students, employees, customers or other visitors, for trash and the various types of recyclables, as appropriate.
b. 
Any company or agency providing dumpsters, rolloff or other containers to any apartment or other multi-family complex with shared disposal and recycling areas, or to any business, school or other institution, or for any construction/demolition project, shall clearly mark such container for trash or for specific recyclables, as may be appropriate.
[Ord. No. O-20-11]
a. 
The municipality shall issue construction and demolition permits only after the applicant has provided a Debris Management Plan identifying the estimated number and types of containers to be used for the handling of all solid wastes and recyclables generated during the project, and arrangements for the proper disposition of the generated materials.
b. 
A refundable deposit of $50 to $100 shall be submitted with the Debris Management Plan, which will be returned after the completion of the project and submittal of appropriate records documenting the quantity and disposition of solid wastes and recyclables. Inadequate or incomplete documentation may result in the forfeiture of some or all of the required deposit.
[Ord. No. O-20-11]
a. 
The duties of the Recycling Coordinator is hereby created and established within the municipality, to be appointed by the Governing Body, for a term of one year, expiring December 31.
b. 
The Recycling Coordinator, subject to the approval of the Board of Commissioners, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and/or marketing of said recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Borough. The duties of the Recycling Coordinator shall include, but are not limited to: the preparation of annual or other reports as required by State and County agencies regarding local solid waste and recycling programs, reviewing the performance of local schools and municipal agencies in conducting recycling activities, periodic review of local residential and business recycling practices and compliance, review and recommendation on local subdivision and site plan submittals and local construction and demolition projects for appropriate waste disposal and recycling provisions, reports to the Governing Body on the implementation and enforcement of the provisions of this section, and such other reports and activities as may be requested by the Governing Body.
[Ord. No. O-20-11]
a. 
The duly appointed Municipal Recycling Coordinator, the Monmouth County Health Department, the Monmouth Beach Public Works Department, and the Monmouth Beach Police Department are hereby jointly and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, businesses, schools and institutions, and to enforce the provisions of this section, by issuance of warnings, notices, summonses and complaints. A typical inspection may consist of sorting through containers and opening bagged solid wastes to detect the presence of recyclable materials.
b. 
The authorized inspector may, in his or her discretion, issue a warning rather than a summons following an initial inspection(s), with a follow up visit to determine compliance within a stated period of time.
[Ord. No. O-20-11]
a. 
Violation or noncompliance with any of the provisions of this section, or the rules and regulations promulgated hereunder, shall be punishable by a fine as follows:
1. 
For a first offense: $25 to $100.
2. 
For a second offense: $50 to $250.
3. 
For a third and subsequent offense: $100 to $1,500 and/or the performance of community service in the recycling program, for a period not to exceed 90 days.
b. 
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
c. 
Fines levied and collected in Municipal Court pursuant to the provisions of this section shall be deposited into the Municipal Recycling Trust Fund. Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.
[1]
Editor's Note: Former § 19-2, Recycling of Newspapers, was repealed by Ord. No. O-19-11A. See § 19-1 for newspaper recycling.
[Ord. No. 5-8-90 § 5]
The recycling drop-off center will be open from 7:00 a.m. to 3:30 p.m. Monday through Friday. The area will be closed after 3:30 p.m. daily and weekends. This regulation will be strictly enforced and violators will be fined $500 for illegal dumping, to be collected in a proceeding instituted in the Municipal Court.
[Ord. No. 5-8-90 § 1]
There is hereby established in the Department of Public Works the curbside cleanup program whereby trash, including dead trees and shrubs, but excluding used tires, batteries and used motor oil, may be placed curbside for pickup and disposal by the Borough.
[Ord. No. 94-34; Ord. No. O-06-06]
Bulk trash pickup shall be made every Wednesday. Residents must call the Borough Hall to schedule a pickup prior to the date requested. Trash must be placed curbside on the Tuesday prior to the scheduled pickup. Any trash placed curbside after collection has taken place or at any other time, the resident shall be mandated to remove the same. If the resident fails to remove the same which results in the Borough removing and disposing of the trash, the resident shall be liable, upon conviction, to the penalty of up to $500 to be collected in a proceeding instituted in the Municipal Court. Residents shall be permitted to receive four pickups per calendar year.
[Ord. No. 5-8-90 §§ 3 — 5; Ord. No. 94-34]
a. 
Construction and demolition materials shall include the following: all asphalt, concrete, wood waste (specifically tree stumps, large tree parts, pallets, larger pieces of lumber) and land clearing debris.
b. 
Construction and demolition material will not be accepted by the Sanitation Department. No person shall place any construction or demolition materials curbside for pickup by the Borough. The property owner or agent (contractor) shall be responsible for removal of all construction and demolition debris from the site.
c. 
The Borough may pickup and remove construction debris when a homeowner, acting as his own agent (contractor), has undertaken a project not requiring the issuance of a permit when such project has been classified as ordinary repairs by the Construction Official as per the existing BOCA codes.
[Ord. No. O-14-06]
Prior ordinance history:
[Ord. No. O-89-11]
This section is enacted to establish a yard waste collection and disposal program in the Borough to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. O-89-11]
As used in this section:
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, or bundled and tied such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Hedge clippings, weeds, twigs and brush but not leaves and grass clippings.
[Ord. No. O-89-11]
Yard waste will be collected every Monday. The containerized waste must be placed curbside for pickup no later than the evening before but no sooner than two days prior to the pickup. Any waste placed loose at the curb will not be collected. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste shall remove the yard waste from the street or that party shall be deemed in violation of this section.
Grass clippings are not considered yard waste, are prohibited and will not be collected. Any yard waste mixed with grass clippings and/or leaves will not be collected.
[Ord. No. O-89-11]
The provisions of this section shall be enforced by the Police Department and/or the Borough Code Enforcement Office.
[Ord. No. O-89-11]
Any person(s) who is found to be in violation of the provisions of this section shall be subject, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. O-109-10]
The purpose of this section is to require all refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer systems(s) operated by the Borough of Monmouth Beach and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. O-109-10]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Monmouth Beach or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls whether owned, leased or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. O-109-10]
Any person who controls, whether owned, leased, or operated, a refuse container must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm water system(s) operated by the Borough of Monmouth Beach.
[Ord. No. O-109-10]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g. furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. No. O-109-10]
This section shall be enforced by the Police Department of the Borough of Monmouth Beach.
[Ord. No. O-109-10]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed the maximum permitted by law.