[Ord. No. 89-23 § II; Ord. No. 91-17 § I; Ord. No. 2007-08; Ord. No. 2009-17 § II]
a. 
For the purpose of this chapter, the following terms, phrases, words and their derivation shall have the meanings given hereafter. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely discretionary.
b. 
As used herein, the following terms shall have the meanings indicated.
ASHES
shall mean the residual from the burning of wood, coal, coke, or other combustible materials.
BOROUGH
shall mean Borough of Allenhurst.
BUILDING MATERIALS
shall mean any material, such as lumber, brick, plaster, gutters, roofing shingles or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.
BUNDLES
shall mean normally loose items which shall be collected if organized into bundles of not more than five (5) feet in length and tied with heavy twine, rope, wire, etc. "Bundles" shall be organized as to be conveniently handled by one (1) person. No "bundle" shall exceed fifty (50) pounds in weight.
BUSINESS DISTRICT
shall mean those areas of the Borough of Allenhurst wherein it is impossible to perform solid waste and recycling collection functions without detrimental visual and/or business effect on the area of its businesses. Designation is at the sole discretion of the Board of Commissioners and may involve fees for collection.
BUSINESS TRASH
shall mean any waste accumulation of dirt, dust, food, excelsior, rags or other accumulations other than household trash, which is usually attendant to the operation of stores, offices or similar businesses.
COMMERCIAL AND PROFESSIONAL PROPERTIES
shall mean any retail, wholesale, governmental, or other nonresidential establishment.
CONTAINER
See Receptacle.
COORDINATOR
shall mean the Solid Waste, Recycling and Clean Community Coordinator for the Borough of Allenhurst.
DEPARTMENT
shall mean the Borough of Allenhurst, Road and Sanitation Departments.
DIRECTOR OF PUBLIC WORKS
shall mean the Commissioner of Public Works for the Borough of Allenhurst.
GARBAGE
shall mean putrescible animal and/or vegetative waste resulting from the handling, preparation, consumption or cooking of food, and shall include any fecal waste from any animal or bird (when fecal matter has been separated from other waste and is double-bagged prior to placement for collection).
HAZARDOUS WASTE
shall mean any waste or combination of wastes which pose a present or potential threat to human health, living organisms or other environment, including, but not limited to, waste material that is toxic, carcinogenic, corrosive, irritating, sensitizing, biologically infectious, explosive, flammable or radioactive and any waste so designated by the United States Environmental Protection Agency or the New Jersey Department of Environmental Protection.
HOSPITAL/RED BAG WASTE
shall mean and include, but not limited to, all instruments, supplies, containers, bandages, tubing, gloves, etc. used by health care practitioners and facilities as described in the New Jersey Department of Health regulations and New Jersey Law, Section 306 of the Manual of Standards for Hospital Facilities, and N.J.S.A. 2A:170-25.17.
HOUSEHOLD TRASH
shall mean every waste accumulation of paper, sweepings, dirt, dust, rags, bottles, cans or other matter of any kind, other than garbage which is usually attendant to housekeeping.
INSTITUTIONAL WASTE
shall mean any nontaxable (exempt) property whether they be religious, educational, service facilities/organizations or institutional establishments which may be residential or nonresidential at which garbage or trash may be generated.
LITTER
shall mean any used or consumed substance or waste material which has been discarded whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof including, but not limited to, any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material.
MULTIPLE DWELLING UNIT
shall mean any building or structure and land appurtenant thereto containing two (2) or more apartments rented or offered for rent to two (2) or more tenants or family units.
PERSON
shall mean any person, tenant, lessee, landlord, assign, firm, partnership, association, corporation, company or organization of any kind.
RECEPTACLE
shall mean a container constructed of such material and in such manner as to hold solid waste and trash and other such items without breaking or collapsing. "Receptacles" shall have handles and covers so that the contents therein are not exposed to the weather, animals and vermin. The "receptacle" shall be of such a design and weight as to be able to be conveniently handled by one (1) person. No "container" shall exceed forty (40) gallons in capacity nor weigh more than fifty (50) pounds when loaded. Receptacles which, in the opinion of the Department, are badly broken or fail to meet the requirements of this chapter may be classified as "garbage." A disposable plastic bag shall constitute a receptacle if it is of sufficient strength and durability to hold its contents of solid waste, garbage, rubbish and trash, without breaking when collected.
RECYCLABLE MATERIALS
shall mean all waste materials which have the ability to be returned, through processing, to their former or alternate use. Following are examples, but not necessarily limited to these:
1. 
ALUMINUM CANSIncludes such beverage or food containers constructed or fabricated of aluminum or its alloys.
2. 
BIMETAL CANSFood and beverage containers which are composed of an aluminum top and steel sides and bottom.
3. 
CARDBOARD/CORRUGATED PAPERIncludes kraft corrugated which has a brown liner made from kraft paper and regular corrugated which is gray or tan and is made from other types of paper such as newspaper.
4. 
GLASSIncludes all products made from silica or sand, soda ash and lime, the product being transparent or translucent and being used as packaging and commonly known as "glass."
5. 
HI-GRADE AND MIXED PAPERSIncludes computer printouts, office paper and stationery.
6. 
NEWSPAPERSIncludes papers of the type commonly referred to as "newsprint" and distributed at periodic intervals, usually daily or weekly. Expressly excluded, however, are all magazines or other glossy surfaced periodicals and all other paper products, e.g., wrappings from food products.
7. 
WASTE OILIncludes used oil drained from automobiles, motorcycles, lawnmowers, etc.
8. 
YARD WASTEIncludes leaves, grass clippings, plant residue, tree limbs, branches and trunks.
REGULATIONS
shall mean and includes such rules, schedules or times promulgated by the Director of Public Works and adopted by the Board of Commissioners to carry out the intent of this chapter.
SINGLE RESIDENTIAL UNIT
shall mean any dwelling place occupied by one (1) family.
SOLID WASTE
shall mean all garbage and rubbish normally generated by the occupants of residential and other property, disposed of by private and/or public collection and defined as "solid waste" by the New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-3). Items classified as recyclable shall be prohibited from being placed commingled with other materials. The Borough of Allenhurst is licensed by Solid Waste permit to collect three (3) types of waste:
1. 
TYPE 10, MUNICIPAL WASTEResidential, commercial and institutional solid waste generated within a community.
2. 
TYPE 13, BULK WASTELarge items of solid waste which, because of their size or weight, require handling other than normally used for municipal waste. Bulky waste includes, but is not limited to, such items as tree trunks, parts of auto bodies, demolition or construction material, appliances, furniture and drums.
3. 
TYPE 23, VEGETATIVE WASTEIncludes, but is not limited to, tree limbs, branches, leaves, grass clippings, plant and flower residue, etc.
STREET
shall mean any right-of-way, avenue, boulevard, road, parkway, viaduct, drive or other way which is:
1. 
Any existing State, County or municipal roadway; or
2. 
Shown upon a plat approved by the Planning Board and built in accordance with Borough standards, and which may be either public or private; or
3. 
Shown on a plat filed with the office of the County Clerk of the County of Monmouth prior to the creation of the Planning Board or Zoning Board of Adjustment of the Borough of Allenhurst; and
4. 
Not dedicated, in whole or in part, as a parking area or driveway which provides access to any building or structure.
YARD WASTE
shall mean any waste accumulations of grass, leaves or shrubbery cuttings or clippings, tree branches, tree limbs, parts of trees, bushes, shrubbery or other material usually created as refuse in case of yard maintenance. Yard waste shall be free from dirt, rocks and other bulky noncombustible materials.
[Ord. No. 89-23 § IV; Ord. No. 2009-17 § III]
All applications for licenses to collect and/or transport garbage or refuse shall be made in writing, addressed to the Borough Clerk of said Borough. The license fee shall be as promulgated by the Director of Public Works and approved by the Board of Commissioners under separate cover entitled "Schedule of Fees for Solid Waste Services," and paid per vehicle/container.
[Ord. No. 89-23 § V; Ord. No. 2009-17 § IV]
Every person or persons or corporation who shall transport any of the above through or along any street in said Borough, shall use a vehicle/container properly constructed and furnished for its purpose with a sufficient covering so as to prevent the escape of the contents thereof.
[Ord. No. 89-23 § VI; Ord. No. 2009-17 § V]
No such vehicle shall stand in the streets or other public places at any time except when being loaded.
[Ord. No. 89-23 § VII; Ord. No. 2009-17 § VI]
All licensed solid waste haulers servicing residential, commercial and/or institutional premises located within the boundaries of the Borough shall be required to complete and submit tonnage reports of solid waste types collected within said boundaries, excluding recyclables, on a quarterly basis to the Recycling Coordinator.
[Ord. No. 89-23 § VIII; Ord. No. 2009-17 § VII]
a. 
Collection sectors, together with the dates of collection, shall be established by regulation of the Director of Public Works and approved by the Board of Commissioners. In the event of emergent situations, and inclement weather such as ice and snow storms, high winds, flooding and/or heavy rains, the Department may suspend, restrict or otherwise modify the provisions of this chapter. Should any of the above situations occur, collection for the service which was suspended will resume on the next regularly scheduled collection day.
b. 
The following shall constitute holidays on which collections will not be made:
New Year's Day
Christmas Day
Thanksgiving
[Ord. No. 89-23 § IX; Ord. No. 2009-17 § VIII]
Property owners and their agents, lessees, tenants or other occupants residing in residential dwellings who wish to have their solid waste disposed of by the Borough shall:
a. 
Place solid waste from their dwelling unit in appropriate containers, receptacles, and/or bundles as specified at one (1) location on the property.
b. 
Receptacles required for curbside pickup and/or recyclables shall be placed beginning at dusk of the night preceding the scheduled collection day. All receptacles with solid waste shall be in place by 5:30 a.m. of the collection day, and those placed after that hour may not be collected if the collection activity has already taken place. Solid waste receptacles shall be removed from the curb or pavement edge by 6:00 p.m. of the evening of the collection day.
c. 
Residential properties shall be permitted to place solid waste for collection pursuant to this chapter and regulations issued by the Director of Public Works. These regulations shall, at a minimum, state the type and number of receptacles and shall provide for regular, special and unlimited pickup, subject to limitations of the municipal budget of the Borough of Allenhurst.
d. 
The Department may provide a container for residents of the Borough that desire to clean up their properties. There is a fee associated with this service, and is established by the Board of Commissioners and charged as the per day fee by the Department. The homeowner is also responsible for the tipping fees related to the dumping of the container. The container is delivered to the resident requesting the same early in the morning and pulled the next succeeding business day. A running list on a first come, first served basis is maintained and operated by the Borough Clerk's Office.
[Ord. No. 89-23 § X; Ord. No. 2007-08; Ord. No. 2009-17 § IX; Ord. No. 2016-06]
Solid waste disposal service shall be provided by the Borough to other property owners, their agents, lessees, tenants or other occupants in accordance with the following provisions:
a. 
Commercial and professional properties shall be served in accordance with the provisions of paragraphs a. and b. of Section 16-8, Residential Garbage Collection, provided that the maximum number of legal receptacles shall not exceed eight (8). No provisions are made for the collection of waste materials such as tires, waste oil, red bag (medical waste), or any other waste not collected from a private household.
1. 
Mechanically collected receptacles shall be required at the sole discretion of the Solid Waste Coordinator, based upon the amount of solid waste generated. The Solid Waste Coordinator shall set forth the number of days each receptacle shall be collected. Each commercial and professional property shall be entitled to two (2) collections per week. Additional collections must be pre-paid and shall be billed in accordance with the following schedule:
2. 
Commercial and professional properties not required to maintain mechanically collected receptacles, shall be entitled to two (2) solid waste collections per week. Commercial and professional properties requiring more than two (2) solid waste collections per week shall sign up for pickup on a three, five or six-day collection schedule. Additional collections must be pre-paid and shall be billed in accordance with the following schedule:
3-Day Collection
5-Day Collection
6-Day Collection
Mechanically collected solid waste receptacles at $45/day over the twice-a-week schedule
$200/mo. Or $ 585/qtr.
$600/mo. Or $1,755/qtr.
$800/mo. Or $2,340/qtr.
Commercial and professional property solid waste collections at $20/day over the twice-a-week schedule
$100/mo. Or $260/qtr.
$275/mo. Or $ 780/qtr.
$350/mo. Or $1,040/qtr.
3. 
Payment shall be due on the first day of the quarter or the first day of the month desired for pick-up. If the payment date falls on a weekend or holiday, payment shall be due on the next regular business day. If payment is not made within ten (10) days of each due date, collections shall cease and a summons shall be issued. Collection shall resume at time of payment.
4. 
The owner or operator of any commercial or professional property may increase or decrease the number of days they are scheduled for solid waste collection on a quarterly basis. Changes must be made at least two (2) weeks in advance. A new form must be filled out and signed indicating the schedule.
5. 
The owner or operator of any commercial or professional property may call for a special collection for bulk or an extra collection for solid waste at any time during the year. Charges for special collections shall be at the discretion of the Solid Waste Coordinator and must be pre-paid before pickup. Special collections shall not change the schedule agreed to between the Borough and owner or operator of commercial or professional property.
6. 
If the owner or operator of any commercial or professional property does not agree to the terms and conditions set forth herein, the owner or operator may arrange for private pickup at his own discretion. The owner or operator shall inform the Borough that collection by Borough employees is no longer desired.
b. 
Governmental Properties (Federal, State and/or County). No provisions are made in this chapter for solid waste disposal services to these agencies or facilities unless they are a subdivision of the Borough of Allenhurst.
[Ord. No. 89-23 § XI; Ord. No. 2009-17 § X]
The following items are prohibited from being placed for collection:
a. 
Construction materials generated as a result of projects requiring the issuance of a building permit, including, but not limited to, bulk roof shingles, dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard, sheetrock, etc.
b. 
Bulk grass cuttings
c. 
Tree trimmings, except in excess of eight (8) inches in diameter and six (6) feet in length, except that these items may be collected for a fee which is set by the Public Works Supervisor.
d. 
Hot ashes, dirt, earth, stone, blacktop, concrete, concrete block and macadam.
e. 
Industrial waste, including, but not limited to, processed scrap materials, certain hazardous and dangerous materials, such as acids, paints, fluorescent tubes, bulk amounts of glass, toxic materials and highly volatile or explosive matter, either in liquid, gaseous, or solid form.
f. 
Bulk automotive parts, including, but not limited to, transmissions, engines, rear ends, wheels, tires, mufflers and other bulk items normally produced in quantity by vehicular repair operations.
g. 
Dead animals.
h. 
Surgical dressings, syringes and disposable hospital-type waste items, also known as red bag waste.
i. 
New and used motor oils, petroleum-based products, or antifreeze.
j. 
Hazardous waste classified pursuant to regulations issued by the New Jersey Department of Environmental Protection (N.J.D.E.P.), adopted under authority of N.J.S.A. 13:1D-9 and N.J.S.A. 13:1E-6, as amended. Toxic chemicals commonly known as "commercial hazardous waste" and "household hazardous waste" would be excluded from the waste flow accepted from commingled disposal.
k. 
Pursuant to "New Jersey Electronic Waste Management Act," no computers, monitors or televisions may be disposed as solid waste on or after January 1, 2011.
[Ord. No. 89-23 § XII; Ord. No. 2009-17 § XI]
a. 
Special Arrangements Required for Bulky Items. Domestic or household bulky items, such as washing machines, dryers, refrigerators, stoves, household appliances, and other household furnishings, such as chairs, sofas, rugs, padding, etc., shall not be placed at the curb for collection unless special arrangements have first been made, meeting the published collection schedule of the Department of Public Works. No bulky item shall be of a weight or be of a size greater than can be conveniently handled by two (2) persons.
b. 
Disposal of Freezers, Refrigerators; Removal of Airtight Doors. It shall be a violation of this chapter for any individual, association, partnership or corporation to leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, freezer or dishwasher or any other item of any kind which has an airtight door, with or without lock, without first removing the airtight door.
c. 
Prohibition for Certain Businesses. It shall be a violation of this chapter for any individual, association, partnership or corporation to conduct a repair or salvage operation and use the services of the Borough for solid waste collection.
[Ord. No. 89-23 § XIII; Ord. No. 2009-17 § XII]
Branches, bulky tree limbs and tree trunks (not exceeding four (4) inches in diameter) will be collected throughout the year if deposited at the street curb, if one exists, but not on the street pavement if there is no curb. Branches, bulky tree limbs and tree trunks (not exceeding four (4) inches in diameter) may be placed at the curb in reasonable piles prior to the scheduled collection day.
[Ord. No. 89-23 § XIV; Ord. No. 2009-17 § XIII]
The service listed under the nomenclature of "yard waste" in the annual Borough Calendar shall, during the months of October, November and December, consist of strictly leaf collection. During this time, leaves may be placed in neat piles at the curb or pavement edge for collection, provided that the piles do not constitute a traffic hazard. Residents placing leaves for collection after said special leaf collection period shall be required to contain the leaves in disposable and/or reusable receptacles for their next regularly scheduled yard waste collection.
[Ord. No. 89-23 § XV; Ord. No. 2009-17 § XIV]
Grass clippings will not be picked up by the Borough of Allenhurst. Residents shall be required to cut and leave the grass clippings on their property. The Borough will not provide a dumpster for grass clippings.
[Ord. No. 89-23 § XVI; Ord. No. 2009-17 § XV]
Property owners of record shall be responsible for the placement of materials for collection as specified herein. The Public Works Supervisor shall be empowered to fix fees by regulation for the removal of materials not placed in accordance with the terms of this chapter which shall be the responsibility of the property owner of record.
[Ord. No. 89-23 § XVII; Ord. No. 2009-17 § XVI]
Property owners and their agents, lessees, tenants or other occupants who place materials not in accordance with this chapter shall hold harmless and indemnify for any or all losses the Borough of Allenhurst, its employees and agents for all costs, direct or indirect, which are attributable, in the sole discretion of the Borough, for materials which were placed for collection in violation of the terms of this chapter.
[Ord. No. 89-23 § XIX; Ord. No. 2009-17 § XVII]
Fees not paid within thirty (30) days of assessment by the Borough shall constitute a lien against the property which shall be collected via an action of law, and services shall cease until full restitution has occurred.
[Ord. No. 89-23 § XX; Ord. No. 2009-17 § XVIII]
This chapter shall be enforced in Municipal Court upon a complaint signed by the Business Administrator, Code Enforcement Officer, Public Works Department, Police Department or Monmouth County Solid Waste Enforcement Team. Further, once a complaint has been signed and issued, the responsibility for disposal of solid waste shall lie with the violator, and/or shall be processed as a lien against the property and in accordance with law.
[Ord. No. 89-23 § XXI; Ord. No. 2009-17 § XIX]
The Board of Commissioners may issue regulations exempting from total or partial compliance those residential properties whose sole occupant or occupants are unable to meet the requirements of this chapter by reason of a physical disability.
[Ord. No. 89-23 § XXII; Ord. No. 2009-17 § XX]
The Public Works Department shall forthwith transmit all solid waste collected pursuant to this chapter to lawfully licensed facilities designated by the County of Monmouth in the Monmouth County Solid Waste Plan and/or the State of New Jersey. If permitted by said Solid Waste Plan and if the users and markets exist on a positive-cost-benefit-ration basis to the Borough, then the Board of Commissioners may elect to dispose of the solid waste or a portion thereof in an alternative manner pursuant to statute and regulation.
[Ord. No. 89-23 § XXIII; Ord. No. 2009-17 § XXI]
The Borough of Allenhurst shall assume ownership of items or materials classified as recyclable upon collection by the Borough.
[Ord. No. 89-23 § XXIV; Ord. No. 2009-17 § XXII]
The Board of Commissioners shall appoint a Clean Communities, Solid Waste and Recycling Coordinator and a Deputy required to act as liaison with Monmouth County and New Jersey State Solid Waste officials, keep records and perform the annual Tonnage Grant application process.
[Ord. No. 89-23 § XXV; Ord. No. 2009-17 § XXIII]
a. 
Upon classification of an item or material, presently or prospectively a part of commingled solid waste flow, as recyclable, residential and other property owners, except for the United States Government and the State of New Jersey, shall cause themselves or their agents, lessees, tenants or their occupants to separate the item or material separately for collection, whether the collection is performed by a municipal agency or private contractor.
b. 
On and after the date fixed in the regulations and in accordance with the terms thereof, it shall be mandatory for all persons who are owners, lessors, renters or occupants of residential dwellings and commercial and institutional properties in the Borough of Allenhurst to separate recyclable materials from all other solid waste generated. Commercial and institutional properties that are not serviced by the Borough shall be required to negotiate with their private hauler/contractor in accordance with the provisions of the Monmouth County District Recycling Plan.
c. 
At the present time, the waste materials to be recycled by New Jersey State mandate and designated as recyclables by the Borough of Allenhurst are:
1. 
Aluminum cans;
2. 
Tin and bimetal cans;
3. 
Glass bottles and jars;
4. 
Plastic "pourable containers" (#1 and #2);
5. 
Newspapers;
6. 
Corrugated cardboard;
7. 
Mixed paper, (including chipboard);
8. 
Leaves;
9. 
Tree parts (stumps and limbs over three (3) inches in diameter);
10. 
Concrete;
11. 
Asphalt;
12. 
Bulk ferrous and nonferrous scrap metal (any amount over five (5) pounds in weight or bigger than one (1) cubic foot);
13. 
Used motor oil.
NOTE: Additional recyclable materials shall be added in accordance with the time line of the New Jersey Source Separation and Recycling Act: S-1478/A-1781 and the Monmouth County District Recycling Plan, in order that the Borough meet the volume requirements of said law. The Board of Commissioners shall issue further regulations classifying recyclables and providing for the method and manner of collection. Said classification shall be dependent upon the existence of lawful disposal, users or markets for said recyclables.
[Ord. No. 89-23 § XXVI; Ord. No. 2009-17 § XXIV]
a. 
Placing them for collection by the municipality pursuant to the terms of this chapter and regulations issued by the Board of Commissioners in accordance with the provisions set forth in the Borough of Allenhurst Municipal Calendar.
b. 
Designated recyclables are to be placed in a rigid container with a secure lid. Recyclables are not to be placed in plastic bags.
[Ord. No. 2009-17 § XXV]
a. 
Designated mandatory recyclables shall not be accepted for disposal at any solid waste disposal facility within the County.
b. 
Members of the County Solid Waste Enforcement Team are authorized to inspect incoming refuse trucks or other vehicles bringing Monmouth County waste to solid waste disposal facilities to determine if designated recyclables have been removed and, if not, issue appropriate notices or summonses for noncompliance with mandatory recycling requirements.
[Ord. No. 2009-17 § XXVI]
a. 
Recyclables shall not be placed with solid waste for disposal with limited exceptions.
b. 
Business manufacturing, using or selling products made of or packaged in any of the items mandated for recycling MUST provide suitable, labeled and accessible containers for recycling by employees and customers, and arrange for its proper disposition.
c. 
All public and/or nonprofit or other institutions are required to provide suitable, labeled and accessible recycling containers for use of employees, students and visitors, in all buildings and facilities, and arrange for its proper disposition.
d. 
Any fair, convention or other special event, whether held indoors or outdoors and sponsored by public or private agencies, is required to provide appropriate and labeled containers for all solid waste and/or recyclables reasonably expected to be generated and discarded by vendors, participants or other visitors to that event, and arrange for its proper disposition.
e. 
Any business providing for its own solid waste and/or recycling services, (i.e. with its own vehicles or through central corporate offices), is required to report such arrangement to the local Municipal Recycling Coordinator and provide at least an annual report with tonnage records of the type, quantity and destination of the recyclables and solid waste handled.
f. 
Any business or institution is required to properly inform and educate its employees and/or cleaning service which is responsible for the collection and disposition of solid waste and recyclables generated at that business or institution.
g. 
For purposes of monitoring, enforcement and reporting requirements, the responsible entity, (e.g. management company, homeowners' association, individual tenant, building owner or landlord, etc.), for providing adequate recycling containers, education, reports or other arrangements to comply with mandatory recycling provisions, shall be the same entity responsible for trash removal and disposal arrangements.
h. 
The private company or public agency providing dumpsters, rolloff or other containers to businesses, institutions or construction/demolition job sites for pickup by the collector-hauler shall be responsible for clearly marking such containers as 'trash' or for specific 'recyclables,' as may be appropriate.
i. 
Any Solid Waste Transfer Station without adequate recycling provisions shall reject any incoming waste with more than "de minimus" quantities of mandated recyclables.
[Ord. No. 2009-17 § XXVII]
a. 
Pursuant to N.J.S.A. 13:1E-99.16d and requirements found in the New Jersey State Solid Waste Plan, the Governing Body of a municipality may exempt persons occupying commercial and institutional premises within its municipal boundaries from source separation recycling requirements, provided that the affected waste generator annually provides written documentation to the municipality of the total number of tons recycled.
1. 
Appropriate forms shall be provided to those waste generators wishing to seek such source separation exemptions. These forms shall be provided by the County of Monmouth.
2. 
A copy of any form submitted to the Board of Commissioners shall also be provided to the County Recycling Coordinator for review and recommendations, prior to municipal approval.
3. 
Failure of the exempted business or institution to comply with municipal approval or reporting requirements, or to show letter of exemption to enforcement officers or Recycling Coordinator when requested, will expose the exempted waste generator to minimum penalties of three thousand ($3,000.00) dollars for each violation, as per N.J.A.C. 7:26a-10.3.
b. 
Notwithstanding the specific statutory and regulatory requirements allowing exemptions to the general source separation requirements, generators and haulers of bulky waste from construction, renovation and demolition sites may mix the mandated bulky recyclables with bulky waste materials in a single container, without seeking specific exemption from the Allenhurst Board of Commissioners, provided they can demonstrate the load of mixed bulky waste and recyclables was brought to a licensed Material Recovery Facility (MRF) with suitable arrangements for the recovery of mandated and other recyclables from the mixed waste (e.g. copy of dumping ticket from MRF disposal site).
1. 
This aforementioned exemption represents longstanding County policy developed in previous years, and may be subject to revision based on containing experience.
2. 
Quantities of the corrugated cardboard boxes from windows, lighting fixtures, appliances and other items commonly delivered to construction or renovation projects are NOT to be included in bulky waste loads; this material is difficult to separate if placed with other bulky waste, and must be handled and stored separately. Old corrugated cardboard (OCC) is easily recycled and has a strong market demand.
[Ord. No. 89-23 § XXVII; Ord. No. 2007-08 § 2; New; Ord. No. 2009-17 § XXVIII]
a. 
Each such collection in violation of this chapter and each day a violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
b. 
Any person, firm or corporation who violates or neglects to comply with any provisions of this chapter or any rule, regulation or directive promulgated pursuant thereto shall be punishable, upon conviction thereof, by a fine not to exceed one thousand ($1,000.00) dollars or by imprisonment for a period not to exceed ninety (90) days, or both. If permitted by general law, a convicted person may be ordered to perform community service.
[Added 9-23-2021 by Ord. No. 2021-14]
Any person or corporation placing or causing to be placed any roll-off container/dumpster or any other apparatus used to collect refuse and dispose of building material of any kind whatsoever, on or about any street or public place within the Borough, or upon any residential property throughout the Borough, shall keep such equipment properly guarded and reflected in such a manner that the safety of the public will be amply protected.
[Added 9-23-2021 by Ord. No. 2021-14]
No person shall place or permit a roll-off container/dumpster to be placed upon any street or municipality-owned parking lot, or upon any residential property throughout the Borough without first obtaining a permit therefor in accordance with the requirements of this chapter.
[Added 9-23-2021 by Ord. No. 2021-14]
The following restrictions are imposed upon the placement of such equipment on the public roadways:
a. 
Within 50 feet of a stop sign;
b. 
Twenty-five feet of a crosswalk;
c. 
Within 15 feet of a fire hydrant;
d. 
Within 50 feet of railroad crossing;
e. 
Upon any bridge or elevated structure;
f. 
Opposite any street excavation;
g. 
Clear view of the dumpster must be obtained from a distance of 200 feet in each direction;
h. 
In any appropriately marked "no parking zone";
i. 
Upon a crosswalk;
j. 
Within 25 feet of an intersection;
k. 
In any space on public or private property appropriately marked for vehicle for the physically handicapped.
[Added 9-23-2021 by Ord. No. 2021-14]
During all times when the roll-off container/dumpster is in use, a tarpaulin or other suitable tight cover shall be placed over the roll-off container/dumpster in accordance with § 16-53 of the Code of the Borough of Allenhurst.
[Added 9-23-2021 by Ord. No. 2021-14]
The contents of the roll-off dumpster shall be emptied and disposed of upon reaching the waterline of the roll-off container/dumpster. It shall be a violation of this section to overfill a roll-off container/dumpster.
[Added 9-23-2021 by Ord. No. 2021-14]
Proof of insurance is required and shall continue in full force and effect during the term of the permit.
[Added 9-23-2021 by Ord. No. 2021-14; amended 9-19-2023 by Ord. No. 2023-19]
a. 
The Chief of Police shall issue a permit for the use of a roll-off container/dumpster as a temporary street obstruction prior to the placement of thereof, upon satisfactory written application by either the owner or the user/permit holder, and payment of the fee of $200 for placement upon any public roadway throughout the Borough. There shall be no fee for placement upon any residential property throughout the Borough.
1. 
Each application shall be accompanied by a certificate of insurance, either from the owner or the user/permit holder, evidencing public liability coverage insuring the Borough in an amount not less than $1,000,000 for injuries, including accidental death for any one person, and subject to the same limit for each person in an amount not less than $1,000,000 on account of each occurrence; and a certificate of insurance either from the owner or the user/permit holder evidencing property damage insuring the Borough in an amount not less than $500,000 on account of any occurrence and in an amount not less than $500,000 on account of all occurrences. All policies shall be so written that the Borough shall be notified of cancellation or restrictive amendment at least 15 days prior to the effective date of such cancellation or amendment.
2. 
Prior to the issuance of such a permit, the Chief of Police shall consult with the appropriate officers in the Department to determine that the proposed use of the roll-off container/dumpster shall not constitute a traffic and/or safety hazard.
3. 
The roll-off container/dumpster can be effectively placed parallel to the curb with the street side of the container not more than eight feet six inches from the adjacent curb.
4. 
The roll-off container/dumpster shall be equipped and displayed with appropriate reflective markers to ensure high visibility to traffic.
5. 
Each initial application for a permit on public property shall be valid for a period of 30 days, a written application to extend the duration of the permit renewal for an additional 30 days may be considered at the rate of $25 for each additional 30 days, or any part thereof. The request for additional time due to hardships must be addressed, in writing, to the Chief of Police.
6. 
When a construction permit has been issued, roll-off containers/dumpsters on private property must be removed prior to the issuance of the certificate of occupancy.
7. 
When no construction permit has been issued, roll-off containers/dumpsters on private property must be removed within 30 days.
8. 
Firm supplying the roll-off container/dumpsters on either private or public property is responsible for any damage in the public right-of-way, including, but not limited to, roadbeds, curbs, aprons, sidewalks and trees.
9. 
The public property roll-off/dumpster permit shall be conspicuously posted on the job site.
10. 
Under no circumstances will the placement/existence of roll-off containers/dumpsters be allowed during the Moratorium set forth in Chapter 26, Section 26-10 of the Borough Code entitled “Work Period Limitation”.
b. 
The Chief of Police may refuse the issuance of a permit hereunder if the placement of a roll-off container/dumpster at any street location shall constitute a public nuisance or hazard because of contour, narrow width, traffic or other conditions peculiar to the street at or near the proposed location.
[Added 9-23-2021 by Ord. No. 2021-14]
Any person who violates any provision of this chapter shall receive written notice of said violation, warning said party to take action; if no action is taken within 24 hours, a summons may be issued. Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment in the county jail for a term not exceeding 90 days, in accordance with the General Penalty section of this Code, § 1-5.1a. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Added 3-22-2022 by Ord. No. 2022-06]
Any person, business or cooperation placing or causing to be placed any portable restroom facilities or porta-potties or any other apparatus used as a temporary restroom of any kind whatsoever, on or about any property within the Borough, shall keep such equipment located as required hereby.
[Added 3-22-2022 by Ord. No. 2022-06]
The following restrictions are imposed upon the placement of such equipment:
a. 
The same shall not, under any circumstances, be placed in the front yard of any property, as that term is defined in subsection 26-2.1 of the Borough Code;
b. 
They shall be kept in the rear yard, or side yard as those terms are defined in subsection 26-2.1 of the Borough Code;
c. 
They shall be placed as far away from neighboring properties as reasonably practicable, so as not to interfere with the neighbors use and enjoyment of their property;
d. 
They shall not remain on any property where construction is not on-going and shall be removed during the summer construction moratorium.
[Added 3-22-2022 by Ord. No. 2022-06]
Any person who violates any provision of this section shall receive written notice of said violation, warning said party to take action; if no action is taken within twenty-four (24) hours, a summons may be issued. Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding two thousand ($2,000.00) dollars or by imprisonment in the county jail for a term not exceeding ninety days, in accordance with the General Penalty section of this Code, subsection 1-5.1a. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[New]
There is established a garbage service for the collection, removal and disposal of ashes, garbage and refuse in the Borough.
[Ord. 1/13/70 § 1]
The Director of the Department to which this office has been assigned shall have power to appoint a person as Refuse Department Foreman who shall, under the direction of the Director and Business Administrator have general supervision of the collection, removal and disposal of ashes, garbage and refuse in the Borough and who shall perform such other duties as shall be determined by the Director.
[New]
The Borough shall:
a. 
Purchase and operate the necessary equipment for the collection, removal and disposal of ashes, garbage and refuse.
b. 
Enter into contracts with other municipalities for the disposal of ashes, garbage and refuse collected within the Borough.
c. 
Hire personnel to operate the garbage service.
d. 
Promulgate rules and regulations for the manner in which ashes, garbage and refuse shall be set out for collection, removal and disposal and for the methods and operation of the service.
[Ord. 1/27/42 §§ 1—2]
All garbage and offal which accumulates anywhere in the Borough or which is stored or retained therein, shall be kept in durable rigid receptacles. The receptacles shall be watertight and kept in good repair and be tightly covered with closely fitting lids. The capacity of a receptacle shall not exceed twenty (20) gallons nor shall the container and its contents exceed thirty (30) pounds in weight. The receptacles shall have convenient sturdy handles. The owner of the garbage receptacles shall cause them to be kept clean and no fluid shall be allowed to enter the receptacle. Every receptacle from which garbage is removed by authorized collectors shall be entirely emptied of its contents, and none of the contents shall be permitted to fall upon the ground. All lids of garbage receptacles shall be replaced upon the receptacle by the collectors after the garbage has been removed.
[Ord. No. 2010-07 § 1]
The purpose of this section is to require dumpsters and other 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 system(s) operated by the Borough of Allenhurst 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. 2010-07 § 2]
For the purpose of this chapter, the following terms, phrases, words and their derivation 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 in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
shall mean 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 Allenhurst or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined sanitary sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
shall mean any individual, corporation, company, partnership, firm, association or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
shall mean 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
shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2010-07 § 3]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster 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 or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids, or solids to the municipal separate storm sewer system(s) operated by the Borough of Allenhurst.
[Ord. No. 2010-07 § 4]
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. 2010-07 § 5]
This section shall be enforced by the Police Department, Code Enforcement Official, Public Works Supervisor and/or other Municipal Officials of the Borough of Allenhurst.
[Ord. No. 2010-07 § 6]
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 one thousand ($1,000.00) dollars.