Borough of Avalon, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. No. 679-2013 § 17:4-1]
The New Jersey Statewide Mandatory Source Separation and Recycling Act establishes a goal of 50% reduction of Municipal Solid Waste and a 60% reduction of all solid waste through source separation and recycling by residential, commercial and institutional establishments in all New Jersey municipalities. The Cape May County Solid Waste Management Plan designates the lists of mandatory and recommended recyclables to be source separated for recycling in all sectors of the community. Recycling will reduce the municipality's expense of solid waste disposal, conserve energy and valuable resources, extend the life of Cape May County's only landfill and has the potential to produce revenues from the sale of such recyclable materials.
[Ord. No. 679-2013 § 17:5]
This section shall be known and may be cited as the "Borough of Avalon Recycling Program Regulations."
[Ord. No. 679-2013 § 17:6]
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
DESIGNATED RECYCLABLE MATERIALS
shall mean those materials designated within the Cape May County Solid Waste Management Plan to be Source Separated for the purpose of recycling by residential, commercial, institutional and industrial sectors. The recycling of these materials is mandatory; they cannot be disposed of as solid waste. The source-separated recyclable materials that are mandated for recycling are organized into the following two categories, which include but are not limited to:
a. 
Category 1: Designated Recyclable Materials To Be Set Out At Curbside:
1. 
The following source-separated recyclable materials shall be mixed together and set out at curbside for collection; this set out and collection system shall be known as "Single Stream Collection." The following items are included as "single-stream recyclable materials:"
(a) 
Paper Products — Newspaper with inserts, magazines, office paper, junk mail including shredded paper, telephone and paperback books, corrugated cardboard, brown paper bags, non-foil wrapping paper, and chipboard packaging including but not limited to dry food boxes (cereal, rice, pasta, cookie and cracker), gift, shoe and tissue boxes, powdered detergent boxes, paper towel rolls, clean pizza boxes (no food debris) and cardboard beverage carriers. Remove and discard as solid waste all liner bags, food contaminated paper and waxed-coated cardboard boxes.
(b) 
Shredded paper shall be placed in a clear plastic bag and tightly secured.
(c) 
Glass, Food and Beverage Containers — Clear, green and brown food and beverage bottles and jars, excluding however, blue bottles, window glass and light bulbs. All food and liquid residue shall be removed from containers.
(d) 
Metal Food and Beverage Containers — Aluminum and steel food and beverage containers five gallons or less in size, including empty aerosol cans. No paint cans. All food and liquid residue shall be removed from containers.
(e) 
Plastic Containers — Plastic containers imprinted with the symbols as shown below on the bottom, five gallons or less in size, including bottles, jugs, jars and other plastic containers. Plastic containers from food, beverage, health, beauty and cleaning products are included. Examples include, but are not limited to; margarine tubs, microwave trays, yogurt containers, plastic buckets and landscape pots (clean of all dirt or plants). No Styrofoam packaging. No polystyrene egg cartons. No beverage cups. No PVC pipe. No film plastic and no rigid plastic (except for film plastic and Mixed Rigid Plastic which are collected as a Category 2 Recyclable). No plastics which contained chemicals or hazardous products, such as motor oil or pesticide containers. All food and liquid residue shall be removed from containers.
Plastic Container Symbols.tif
b. 
The following recyclable materials, designated as Category 2 Materials, shall be mixed together and set out for curbside collection by 7:00 a.m. on those days designated by the Borough for collection. Category 2: Designated Materials To Be Recycled:
1. 
Christmas Trees — Free of decorations, tree stands and plastic bags.
2. 
Leaves — Comprised mainly of tree and plant leaves.
3. 
Grass — Lawn grass clippings.
4. 
Brush, Tree Branches — All parts of vegetative growth from trees, and vegetative materials generated during land clearing.
c. 
The following recyclable materials, designated as Category 2 Materials, shall be set out for curbside collection by 7:00 a.m. on those days designated by the Borough DPW (Department of Public Works) for collection in accordance with rules, regulations and procedures established by said DPW:
1. 
Ferrous and Non-Ferrous Scrap — Metals, such as copper, iron, sheet metal, aluminum, radiators, structural steel, metal pipe and "white goods" including, but not limited to, appliances containing "CFC's" or Freon;
2. 
Computers and Consumer Electronics — shall mean a computer central processing unit and associated hardware including keyboards, modems, printers, scanners and fax machines, cathode ray tubes, cathode ray tube devices, flat panel displays or similar video display devices with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards including, but not limited to, televisions and cell phones. Also includes VCRs, radios and landline telephones;
3. 
Mixed Rigid PlasticPlastic buckets with or without metal handles (empty), plastic milk/soda crates, plastic laundry baskets, plastic lawn furniture, plastic landscape and microwave trays, plastic totes — any size (with metal), plastic drums (any size), plastic toys and playhouses, children's toys, plastic pet carriers, plastic pallets, plastic coolers, plastic shelving, plastic closet organizers, plastic dish drainers, plastic flower pots (no soil), plastic traffic signs, empty garbage cans (any size), CDs and DVDs (and cases), VHS tapes, blister pack, computer housing (no circuits), HDPE pipe (cut to less than 3 foot lengths), automotive plastics, bed liners (pick-up trucks), car bumpers.
4. 
Film Plastic — Film plastic material or items consisting of boat shrink wrap, greenhouse plastic, and other pre-approved film plastics.
d. 
Items not collected by the Borough. The following recyclable materials, also designated as Category 2 Materials, will not be collected by the Borough. It shall be the responsibility of the property owner, occupant or generator to separate the following from the solid waste disposal and to dispose of same by drop off at the Cape May County Municipal Utilities Authority (CMCMUA) Landfill or Intermediate Processing Facility in accordance with the procedures and schedules established by the CMCMUA; or the same shall be delivered by the owner, occupant or generator of such material to a licensed and approved private NJDEP Recycling Facility:
1. 
Motor Oil / Kerosene / # 2 Heating Oil — Crank-case oil and similar oils, kerosene fuel and #2 home heating oil which are used to fuel heating equipment;
2. 
Wood Pallets and Crates — Clean untreated, unpainted pallets and crates only;
3. 
Batteries - Lead Acid Batteries — Used SLA (sealed lead acid) batteries generated from motor vehicles, aviation and marine equipment;
4. 
Propane Tanks — Empty 20 to 30 lb. BBQ type tanks;
5. 
Contaminated Soil — If classified as ID27, all fuel contaminated soil, dewatered soil, and stone from septic beds and similar materials which are allowed to be recycled in accordance with the regulations of the New Jersey Department of Environmental Protection;
6. 
Commercial Cooking Grease — Grease and oil generated from food preparation by commercial sources only;
7. 
Asphalt and Concrete — Asphalt and concrete materials from construction and demolition projects;
8. 
Auto and Truck Bodies — All junk automobiles, trucks and parts;
9. 
Tires — Worn truck and passenger car tires;
10. 
Used Oil Filters — Used filters that are generated from changing crankcase oil in automobiles, trucks and other vehicles;
11. 
Antifreeze — Used antifreeze generated from automobiles, trucks and other vehicles/sources; and
12. 
Consumer Rechargeable NiCad (Nickel-Cadmium) and Small Sealed Lead Acid Batteries — Small sealed batteries generated from use of electronic equipment.
CMCMUA
shall mean the Cape May County Municipal Utilities Authority.
DIRECTOR
shall mean the Director of Public Works or the Director of the Department of Public Works in the Borough of Avalon.
DPW
shall mean the Department of Public Works of the Borough of Avalon.
MUNICIPAL RECYCLING COORDINATOR
shall mean the person or persons appointed by the municipal governing body and who shall be authorized to enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder. This appointee shall also be responsible to assure that all materials recycled in the municipality are properly reported and recorded. The New Jersey Mandatory Source Separation and Recycling Act requires that each municipality appoint at least one individual as Municipal Recycling Coordinator who has successfully completed all requirements mandated by the State of New Jersey to be designated as a New Jersey Certified Recycling Professional.
MUNICIPAL SOLID WASTE (MSW) STREAM
shall mean all solid waste generated at residential, commercial and institutional establishments within the boundaries of the Borough of Avalon.
NJDEP
shall mean the New Jersey Department of Environmental Protection.
RECOMMENDED RECYCLABLE MATERIALS
shall mean those materials recommended within the Cape May County Solid Waste Management Plan to be source separated for the purpose of recycling by residential, commercial, institutional and industrial sectors. The source-separated recyclable materials that are recommended for recycling are:
NONE. The only recyclables to be collected by the Borough are those which are specifically identified in this section and by the Borough.
RECYCLABLE or RECYCLABLE MATERIAL
shall mean 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.
SOURCE SEPARATION
shall mean 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.
SOURCE SEPARATED RECYCLABLE MATERIALS
shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
[Ord. No. 679-2013 § 17:7]
a. 
Mandatory Source Separation Required. It shall be mandatory for all persons who are owners, lessees, tenants or occupants of residential and nonresidential premises, including but not limited to retail and commercial locations, government, schools and other institutional locations within the Borough of Avalon to separate Designated Recyclable Materials from all solid waste.
1. 
Category 1 Designated Recyclable Materials shall be placed at the curb in a manner and on such days and times as may be hereinafter established by the Director of the Borough of Avalon Department of Public Works and subject to the approval of the Borough Business Administrator.
The owner or occupant of premises may also deliver such items to a drop-off point within the Borough established by the Director of Public Works. The collection schedule and the drop-off location shall be subject to the approval of the Business Administrator.
2. 
Category 2 Certain designated Category 2 Recyclable Materials will be collected curbside by the Borough in a manner and on such days and times as may be established by the Director of the Borough DPW.
3. 
When municipal curbside collection is not provided for Designated Recyclable Materials, as is the case for certain types of recyclables included in Category 2, it shall be the obligation of the generator to deliver or arrange for the delivery of such materials to the Cape May County Municipal Utilities Authority (CMCMUA) recycling facilities located at the Sanitary Landfill and/or Transfer Station as applicable, or to a private sector market for recycling.
[Ord. No. 679-2013 § 17:8.1]
a. 
Manner of Collection. The collection of source-separated recyclable materials shall be in the manner prescribed as follows:
It is the responsibility of the property owner or occupant to provide an adequate size and number of containers for the placement of recyclables for curbside collection as follows:
1. 
Single-stream recyclable materials as defined in Category 1 paragraph a. shall be mixed together in one or more container(s). While more than one container may be used for single stream recyclable materials, each container used shall comply with the requirements for receptacles or containers established in this section.
2. 
All set out containers which contain single-stream 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, at such times and in such manner as hereinafter provided.
b. 
All receptacles or dumpsters shall be maintained in a clean and safe manner, and shall be subject to limitations on sizes and other requirements specified in this chapter.
c. 
The following materials, designated as Category 2 material, must be source separated and recycled through the municipal recycling program. The Director of the Borough DPW, subject to the approval of the Borough Business Administrator, shall establish a manner, time, schedule and other procedures for the pickup of such materials:
1. 
Leaves and Grass — Leaves, grass, brush and small tree branches can be mixed together in recycling containers and placed curbside for pickup on designated collection days for such materials. Larger branches can be placed curbside in neat piles of manageable weight, not to exceed 50 pounds in weight, and not to exceed six feet in length and tied with string. Undecorated Christmas trees (without root balls) can also be placed curbside for collection on the designated days. Stumps will NOT be collected by the Borough and must be disposed of by the owner, occupant or generator either at the CMCMUA designated facility or at a NJDEP approved facility.
2. 
Christmas Trees — see "Leaves and Grass" above.
3. 
Brush, Tree Branches — see "Leaves and Grass" above. Tree stumps will NOT be collected by the Borough.
4. 
White Goods — The Director of the Borough DPW, subject to the approval of the Borough Business Administrator, shall establish a manner, time, schedule and other procedures for the pickup of such materials or items.
5. 
Ferrous and Non-Ferrous Scrap — same as "White Goods" above.
6. 
Mixed Rigid PlasticPlastic buckets with or without metal handles (empty), plastic milk/soda crates, plastic laundry baskets, plastic lawn furniture, plastic landscape and microwave trays, plastic totes - any size (with metal), plastic drums (any size), plastic toys and playhouses, children's toys, Plastic pet carriers, plastic pallets, plastic coolers, plastic shelving, plastic closet organizers, plastic dish drainers, plastic flower pots (no soil or plants), plastic traffic signs, empty garbage cans (any size), CDs and DVDs (and cases), VHS tapes, blister pack, computer housing (no circuits), HDPE pipe (cut to less than 3 foot lengths), automotive plastics, bed liners (pick-up trucks), car bumpers. The collection of these items shall be in accordance with a special collection schedule and method of collection in accordance with rules, regulations and procedures established by the Director of DPW and subject to the approval of the Business Administrator.
7. 
Film Plastic — Film plastic material or items consisting of boat shrink wrap, greenhouse plastic, and other pre-approved film plastics.
d. 
The following materials must be Source Separated and recycled by the generator at authorized CMCMUA recycling facilities or any NJDEP approved recycling center:
The following items will NOT be collected by the Borough and the owner, occupant or generator of such materials shall dispose of same, as recycled materials (and not as solid waste,) by delivering same to a facility approved to receive recyclable materials of this nature:
1. 
Wood Pallets and Crates.
2. 
Propane Tanks.
3. 
Tree Stumps.
4. 
Tires.
5. 
Antifreeze.
6. 
Lead Acid Batteries.
7. 
Used Motor Oil.
8. 
Kerosene / #2 Heating Oil.
9. 
Used Oil Filters.
10. 
Asphalt and Concrete.
11. 
Auto and Truck Bodies.
12. 
Contaminated Soil.
13. 
Commercial Cooking Grease.
14. 
Consumer Rechargeable NiCad and Small Sealed Lead Acid Batteries.
[Ord. No. 679-2013 § 17:8.2]
The owner of each property shall be responsible for compliance with this section. For multi-family units, including but not limited to condominium complexes and seasonal hotel/motels and guest houses, the management or owner is responsible for setting up and maintaining the recycling system, including collection of Designated Recyclable Materials, except for those Designated Recyclable Materials for which municipal collection service is provided to multifamily units. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The owner or management shall issue notification and collection rules regarding recycling requirements to all new tenants when they arrive and with a reminder a minimum of every six months during their occupancy.
[Ord. No. 679-2013 § 17:8.2]
All commercial, business or industrial facilities shall be required to comply with the provisions of this section.
The arrangement for collection of all categories of Designated Recyclable Materials hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, except for those specific Designated Recyclable Materials that are collected by the municipality from that property. All commercial, institutional or industrial properties at which litter is generated by employees or the public shall provide litter and recycling receptacles. These properties shall provide for separate recycling collection services for the contents of the recycling receptacles.
Every business, institution or industrial facility shall report on a quarterly basis to the Municipal Recycling Coordinator, on such forms as may be prescribed, regarding recycling activities at their premises, including the amount and type of recycled material not placed curbside for municipal collection. If material is removed from the premises by a hauler, recycler or paper shredder, the quantity and final disposition of the material is to be reported on the form.
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle commercial cooking 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.
[Ord. No. 679-2013 § 17:8.3]
a. 
Any application to the Planning Board of the Borough of Avalon for subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single family developments of three or more units or any commercial, institutional or industrial development of 1,000 square feet or more, must include a recycling plan. This plan shall 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 Borough of Avalon, 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 Designated Recyclable Materials for those locations or properties where the municipality does not otherwise provide this service.
[Ord. No. 679-2013 § 17:9]
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 container 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 6:00 p.m. on the day of collection will be considered a violation of this section and the local sanitary code.
c. 
Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, 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 property of the municipality. It shall be a violation of this section 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.
[Ord. No. 679-2013 § 17:10]
a. 
Plan Required. 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 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 section for any owner or permit holder to fail to comply with the recycling requirements set forth herein.
Receptacles to be used in the Mandatory Recycling Program shall be as outlined below.
[Ord. No. 679-2013 § 17:11]
a. 
A sufficient number of receptacles or containers for the collection of Category 1 Subsection a recyclable materials, and for the collection of certain Category 2 recyclable material or items shall be supplied by the owner or occupant of the premises. Such containers, except for dumpsters, shall be a metal or heavy duty plastic can of the type specifically manufactured for the collection of solid waste and commonly referred to as "trash receptacles."
1. 
Such containers or receptacles shall be one of the following sizes:
(a) 
A capacity of 35 gallons each and a maximum weight not to exceed fifty (50) pounds each; or
(b) 
A capacity of 40, 50, 65 or 96 gallons provided that such receptacles or containers are of the roll-out type and suitably equipped and capable of being serviced by collection vehicles which are equipped with tipper/kicker arms.
(c) 
In place of a container or containers with either a 35-, 40-, 50-, 65- or 96-gallon capacity, a property owner or occupant of any property, except a single-family residence or duplex residence, shall have the option of obtaining a two-cubic-yard dumpster. The cost of rental or purchase of such dumpster or dumpsters shall be the sole obligation of the owner or occupant of such property. The placement of such dumpster on the property shall be approved by the Director of DPW or the Municipal Recycling Coordinator.
(d) 
The use of any container with a capacity in excess of 96 gallons is prohibited.
2. 
Each such receptacle shall meet the following requirements:
(a) 
It shall be plainly labeled with the address and unit number, if applicable, of the property to which it belongs. All required markings shall be permanently affixed by paint, indelible marker, adhesive or otherwise and shall measure not less than two inches in height. The failure of an owner or occupant to supply and/or utilize receptacles as specified herein shall constitute a violation of this section.
(b) 
Each container used shall be marked or labeled to identify its contents as single stream recyclable materials;
(c) 
All recyclable containers shall have a securely fitted lid to prevent rain water infusion and to prevent recyclable material from being blown around by the wind or elements;
(d) 
All receptacles or dumpsters shall be maintained in a clean and safe manner, at all times.
(e) 
Each container shall also meet all of the other requirements, if any, imposed in any other section of this chapter.
3. 
Shredded paper shall be placed in clear plastic bags and such bags shall be tightly secured. Except for use with shredded paper, plastic bags, clear or otherwise, shall not be used for disposal of recyclable material or items.
b. 
Collection of Category 2 Recyclable Materials. The Director of DPW, subject to the approval of the Business Administrator, shall establish rules, regulations and procedures for the collection of those Category 2 materials which are collected by the Borough including the days, times and methods of collection.
c. 
Disposal of Category 2 Recyclables Not Collected by the Borough. Category 2 Recyclable materials which are not collected by the Borough, shall be disposed of by the owner, occupant or generator thereof at a CMCMUA Facility in accordance with the Rules, Regulations and Procedures established by that agency or the same shall be disposed of at a NJDEP approved recycling facility.
[Ord. No. 679-2013 § 17:11.4]
Recyclable material or items to be recycled shall be placed curbside, in the manner required by this chapter, any time after 5:00 p.m. of the day immediately preceding the day of collection, but no later than 7:00 a.m. on the day of collection. After collection, any containers shall be removed from the curbside by no later than 6:00 p.m. of the day of collection.
Such receptacles, when placed curbside, shall be readily accessible to the collector.
[Ord. No. 679-2013 § 17:11.5]
The owner, occupant or manager of any multi-family residences, condominiums, townhouse complexes, hotels and motels and all commercial properties may, at his/her/their sole expense, contract with any NJDEP approved and licensed contractor or hauler for the collection of recyclable materials mandated herein.
Any such contractor shall file a report with the Municipal Recycling Coordinator, at least quarterly, specifying the quantities of recyclable materials collected during the preceding three-month period and the place of disposal.
[Ord. No. 679-2013 § 17:11.6]
There shall be no limitation on the number of recyclable containers placed for collection except as noted herein.
[Ord. No. 679-2013 § 17:12; Ord. No 731-2015 § 2]
This chapter shall be enforced by any of the following each of whom is empowered individually and severally to enforce same:
The Municipal Recycling Coordinator
The Director of Public Works and Utilities (DPWU)
The Assistant Director of Public Works and Utilities (DPWU)
Code Enforcement Official and Code Enforcement Officers
The Construction Official in his capacity as Director of the Bureau of Licenses in the Division of Construction Code Enforcement
Officers of the Avalon Police Department
The enforcers of this section may conduct inspections 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.
Additionally, the Cape May County Health Department (CMCHD) shall be empowered to enforce the provisions of this chapter. The Borough shall retain primary enforcement responsibility with the CMCHD serving in a secondary enforcement role which includes inspection of commercial establishments with proof of violations prior to law enforcement actions.
[Ord. No. 679-2013 § 17:13]
The Borough Council 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 this chapter; provided, however, that such rules and regulations shall not be inconsistent with terms and provisions of this chapter. Such rules and regulations shall be duly promulgated subsequent to publication so that the public has had notice thereof. Any violation of such rules and regulation, once the same have been adopted and published, shall constitute a violation of this chapter and shall subject the violator(s) to the penalties established herein.
[Ord. No. 679-2013 § 17:14]
Any person or entity violating, or failing to comply with, any of the provisions provided in this section shall, upon conviction thereof, be punishable by a fine of not less than $65 and not more than $1,250 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Municipal Judge. The continuation of any violation for each successive day shall constitute a separate offense, and the person, persons, or entity allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. Any violation may be afforded at least one warning at the discretion of the enforcement designees before the issuance of any fines.
[2000 Code § 17:2-3.3]
The owner or operator of any gasoline service station or other motor vehicle repair facility, marina, boat yard and/or any other business which generates waste oil within the Borough of Avalon, is required to recycle said waste oil in accordance with procedures established by the State of New Jersey and to provide to the Borough documentation naming the hauler and quantities recycled. Said documentation shall be forwarded to the office of the Business Administrator by December 31 of each year.
[2000 Code § 17:2-3.5]
The owner or operator of any gasoline service station or other motor vehicle repair facility which generates used tires is required to recycle said used tires and to provide documentation to the Borough, which shall specify the hauler and quantities recycled. Said documentation shall be forwarded to the office of the Business Administrator by December 31 of each year.
[Ord. No. 779-2018]
a. 
Whereas the Borough of Avalon, has a duty to protect its natural environment, its economy, and the health of its citizens; and
b. 
Whereas, the Borough Council of the Borough of Avalon desires to eliminate the use of polystyrene/plastic foam and single-use plastic products and other non-locally recyclable and non-properly compostable food packaging in order to protect the marine life and wild life of its surrounding waterways, maximize the operating life of landfills and lessen the economic and environmental costs of managing waste; and
c. 
Whereas, to discourage and decrease the use of certain expanded polystyrene food service products, single use plastic carry-out bags, and disposable food service ware, i.e. plastic straws in the Borough, it is necessary to regulate such use; and
d. 
Whereas, regulating and eventually prohibiting the use of polystyrene/plastic foam take-out food packaging and replacing it with food service ware that is locally recyclable or compostable, and, restricting the use of polystyrene/plastic foam products that are not wholly encapsulated or encased by a more durable material will further protect the Borough, its marine life and wild life, its residents and visitors, and will support the Borough's goal of reducing waste and litter for a cleaner environment for generations to come.
[Ord. No. 779-2018]
Unless otherwise expressly stated, whenever used in this section the following terms shall have the meanings set forth below:
ASTM STANDARD
means meeting the standards of the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for compostable plastics, as those standards may be amended.
BUSINESS ESTABLISHMENT
means any commercial enterprise that provides carry-out bags to its customers through its employees or independent contractors associated with the business. The term includes sole proprietorships, joint ventures, partnerships, corporations, or any other legal entity whether for profit or not for profit. This term is inclusive of any store or business which sells or offers goods or merchandise, located or operating within the Borough of Avalon, including those referenced in "Food or Grocery Establishment," and "Food Provider."
COMPOSTABLE
means all the materials in the product or package, when composted in an industrial or municipal compost operation, will break down, or otherwise become part of, usable compost (e.g. soil-conditioning material, mulch) in a safe and timely manner. Compostable food service ware must meet ASTM-Standards for compostability and any bio-plastic or plastic-like product must be clearly labeled, preferably with a color symbol, to allow proper identification such that the collector and processor can easily distinguish the ASTM standard compostable plastic from non-ASTM standard compostable plastic.
DISPOSABLE FOOD SERVICE WARE
is interchangeable with "to go" packaging and "food packaging material" and includes, but is not limited to: all containers, clamshells, bowls, plates, trays, cartons, cups, straws, stirrers, napkins and other items designed for one-time use associated with prepared foods, including without limitation, service ware for takeout foods and/or leftovers from partially consumed meals prepared by Food Providers.
EVENTS PROMOTER
means an applicant for any event permit issued by the Borough or any Borough employee(s) responsible for any Borough-organized event.
FOOD OR GROCERY ESTABLISHMENT
means all sales outlets, stores, shops, vehicles or other places of business located within the Borough which operate to sell or convey foods, or beverages, which foods or beverages are predominantly contained, wrapped or held in or on packaging. Food establishment shall include, but not be limited to, any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or offered for sale, including, but not limited to, any fixed or mobile restaurant, drive-in, convenience store, coffee shop, cafeteria, short-order cafe, delicatessen, luncheonette, grill, sandwich shop, soda fountain, hotel, motel, movie house, theatre, bed and breakfast inn, tavern, bar, cocktail lounge, nightclub, roadside stand, take-out prepared food place, industrial feeding establishment, catering kitchen, mobile food preparation unit, commissary, event, grocery store, public food market, produce stand, food stand, or similar place in or at which food or drink is prepared for sale, or for service, on the premises or elsewhere, and any other establishment or operation where food is processed, prepared, stored, served, sold, or provided for the public and any organization, group or individual which provides food as part of its service.
FOOD PROVIDER
means any vendor, business, organization, entity, group or individual, including food establishments, as defined herein, located in the Borough of Avalon that offers food or beverage to the public.
PERSON
means an individual, business, event promoter, trust, firm, joint stock company, Corporation, non-profit, including a government corporation, partnership, or association.
PET or PETE
See "polyethylene terephthalate."
[Added 5-8-2019 by Ord. No. 789]
POLYETHYLENE TEREPHTHALATE
(sometimes written polyethylene terephthalate), commonly abbreviated "PET" or "PETE," is the most common thermoplastic polymer resin of the polyester family and is used in fibers for clothing, containers for liquids and foods, thermoforming for manufacturing, and in combination with glass fiber for engineering resins. PET consists of polymerized units of the monomer ethylene terephthalate. PET is commonly recycled, and has the number "1" as its resin identification code (RIC) [PET is highly recyclable and many products are now made from these recycled PET plastics. Recycled polyester fabric (rPET) can be made into other products including reusable grocery bags.].
[Added 5-8-2019 by Ord. No. 789]
POLYSTYRENE/PLASTIC FOAM
means blown expanded and extruded polystyrene (sometimes called Styrofoam) or other plastic foams which are processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead plastic), injection molding, foam molding, and extrusion-blown molding (extruded foam plastic). Polystyrene and other plastic foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, egg cartons, coolers, ice chests, shipping boxes, packing peanuts, and beach or pool toys. The term "polystyrene also includes clear or solid polystyrene which is known as "oriented polystyrene."
POLYSTYRENE/PLASTIC FOAM PRODUCTS
means any item such as coolers, ice chests, cups, bowls, plates, clamshells, shipping boxes, containers, cutlery, or any other merchandise containing polystyrene/plastic foam that is not wholly encapsulated or encased by a more durable material.
PREPARED FOOD
means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared within the Borough of Avalon. Prepared food does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar food establishment.
RECYCLABLE
means any material that is accepted by the Borough of Avalon recycling program or the Cape May County recycling program, including, but not limited to, paper, glass, aluminum, cardboard and plastic bottles, jars and tubs. This also means any approved alternative products which are accepted by the County recycling centers.
REUSABLE CARRY-OUT BAG
means a carry-out bag that is specifically designed and manufactured for multiple reuse, and meets the following criteria:
a. 
Displays in a highly visible manner on the bag exterior, language describing the bag's ability to be reused and recycled;
b. 
Has a handle;
c. 
Is constructed out of any of the following materials:
1. 
Cloth, other washable fabric, or other durable materials whether woven or non-woven; or
2. 
100% recycled PET Plastic and recyclable; and
[Amended 5-8-2019 by Ord. No. 789-2019]
3. 
Has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet.
SINGLE-USE PLASTIC CARRY-OUT BAG
means a bag provided by a business establishment to a customer typically at the point of sale for the purpose of transporting purchases, which is made predominantly of plastic derived from either petroleum or a biologically-based source.
BOROUGH OF AVALON CONTRACTOR
means any person or entity that has a contract with the Borough of Avalon for work or improvement to be performed, for a franchise, Concession, for grant monies, goods and services, or supplies to be purchased at the expense of the Borough of Avalon, or to be paid out of monies deposited in the Treasury or out of trust monies under the control or collected by the Borough of Avalon.
BOROUGH OF AVALON FACILITY
means any building, structure or vehicle owned and operated by the Borough of Avalon, its agents, agencies, and departments.
[Ord. No. 779-2018]
a. 
No Business Establishment or Food or Grocery Establishment may provide Single-Use Plastic Carry-out Bags at any Borough facility, Borough-sponsored event, or any event held on Borough property.
b. 
No Business Establishment or Food or Grocery Establishment within the Borough limits may provide single-use plastic bags to its customers.
c. 
Any business establishment providing single-use carryout bags shall use reusable bags or paper bags made from a minimum of 80% post-consumer recycled content.
[Amended 5-8-2019 by Ord. No. 789-2019]
[Ord. No. 779-2018]
a. 
Food Providers within the Borough of Avalon may not provide food in any disposable food service ware that contains polystyrene/plastic foam.
b. 
Disposable food service ware that contains polystyrene/plastic foam is prohibited from use in all Borough of Avalon facilities.
c. 
Borough of Avalon Contractors in the performance of Borough contracts and events promoters may not provide food in disposable food service ware that contains polystyrene/plastic foam.
[Ord. No. 779-2018]
a. 
All Food or Grocery Establishments and Food Providers within the Borough of Avalon utilizing disposable food service ware shall use recyclable or compostable products, subject to the provisions of §§ 17-6.7 and 17-6.8, with the exception of straws which cannot be made of plastic or compostable.
b. 
All food providers may give straws, lids, cutlery, and to-go condiment packages provided that all such items are made of recyclable or compostable materials that are accepted as such by the Cape May County Municipal Utilities Authority, with the exception of straws which cannot be made of plastic or compostable plastic.
[Amended 5-8-2019 by Ord. No. 789-2019]
c. 
All Borough of Avalon facilities utilizing disposable food service ware shall use products that are recyclable or compostable with the exception of straws which cannot be made of plastic or compostable plastic.
[Amended 5-8-2019 by Ord. No. 789-2019]
d. 
Borough of Avalon Contractors and events promoters utilizing disposable Food Service ware shall use recyclable or compostable product with the exception of straws which cannot be made of plastic or compostable plastic while performing under a Borough of Avalon contract or permit.
[Amended 5-8-2019 by Ord. No. 789-2019]
[Ord. No. 779-2018]
No Business Establishment or event promoter within the Borough of Avalon may sell, rent, or otherwise provide any polystyrene/plastic foam product which is not wholly encapsulated or encased within a more durable material, except as exempted in this section. This specifically includes, but is not limited to, cups, plates, bowls, clamshells, bags, and other products intended primarily for food service use, as well as coolers, containers, ice chests, shipping boxes, or packing peanuts.
[Ord. No. 779-2018]
a. 
Products made from polystyrene/plastic foam which is wholly encapsulated or encased by a more durable material are exempt from the provisions of this section. Examples include surfboards, boats, life preservers, and craft supplies which are wholly encapsulated or encased by a more durable material, and durable coolers not principally composed of polystyrene/plastic foam.
b. 
Construction products made from polystyrene/plastic foam are exempted from this section if the products are used in compliance with Borough Code and used in a manner preventing the polystyrene/plastic foam from being released into the environment.
c. 
Emergency, Hospital, and Medical Supply and Services Procurement: In an emergency situation and for the immediate preservation of the public health or safety, Borough facilities, food vendors, Borough franchises, contractors and vendors doing business with the Borough shall be exempt from the provisions of this section.
d. 
Laundry dry cleaning bags, newspaper bags, or packages of multiple bags intended for use as garbage, pet waste, or yard waste; although the Borough encourages the use of recyclable or compostable products throughout.
e. 
Bags provided by physicians, dentists, pharmacists or veterinarians to contain prescription drugs or other medical necessities;
f. 
Bags used by a customer inside a business establishment and even when intended for carry-out and off premises use to:
1. 
Contain bulk items, such as produce, nuts, grains, candy, or small hardware items;
2. 
Contain or wrap frozen foods, meat, or fish, whether or not prepackaged;
3. 
Contain or wrap flowers, potted plants or other items to prevent moisture damage to other purchases; or
4. 
Contain unwrapped prepared foods or bakery goods;
5. 
Contain bait and items of a similar nature used for recreational fishing and crabbing.
6. 
Contain hot soup containers (such bags may contain a firm bottom and are equipped with handles for the safe carriage or transportation of the product).
[Added 5-8-2019 by Ord. No. 789]
g. 
Bags of any type that the customer brings to the store for their own use for carrying away from the store goods that are not placed in a bag provided by the store.
h. 
Meat trays are exempt from the provisions of this section.
i. 
Any product purchased, prepared or packaged outside the Borough of Avalon and sold in or delivered into the town are exempt from the provisions of this section.
[Ord. No. 779-2018]
Requests for an exemption from this section for hardship or other unique or unforeseeable circumstances may be submitted in accordance with the provisions of this section.
Such applications shall be submitted to a Review Committee which shall consist of the Business Administrator, the Director or Assistant Director of the Department of Public Works and Utilities, and the Chief of Police or his designee.
The Committee may, in its discretion, meet with the party requesting an exemption and may consult such other consultants or experts it deems necessary provided that the exemption applicant shall have the right to be present during any such consultation. Following a review of the written application, and following a meeting with the exemption applicant or other consultant, the Committee shall render a decision in accordance with the following:
a. 
The Review Committee may exempt a Food or Grocery Establishment or Food Provider from the requirements set forth of this section for up to a one-year period upon the Food Provider showing, in writing, that this section would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The Review Committee shall within a reasonable period of time, render a written decision, granting or denying the exemption request for a period not to exceed one year.
b. 
Exemptions to allow for the sale or provision of polystyrene/plastic foam products may be granted by the Review Committee if the Food or Grocery Establishment or Food Provider can demonstrate, in writing, a public health and safety requirement or medical necessity to use the product. The Review Committee shall within a reasonable period of time, render a written decision, granting or denying the exemption request.
c. 
An exemption application shall include all information necessary for the Review Committee to make a decision, including but not limited to documentation showing factual support for the claimed exemption. The Review Committee may require the applicant to provide additional information as the Committee deems reasonably necessary to make a determination on the exemption request.
d. 
The Review Committee may approve the exemption application in whole or in part, with or without conditions.
e. 
Any decision by the Review Committee under this subsection may be appealed to Borough Council by the exemption applicant or other interested party. Any such appeal must be filed with Borough Council by filing a written notice of appeal with the Borough Clerk stating the reasons for the appeal, stating why the decision of the Review Committee should be modified or rejected, and any other information deemed relevant by the party appealing. The appealing party shall include with any such appeal all documents that were filed with the Review Committee. Such appeal shall be filed not later than 30 calendar days from the date of decision of the Review Committee, or the appeal shall be time-barred. Borough Council shall hear and decide the appeal with 60 days of its filing.
As used in this section, the term "hardship" shall mean any occurrence or event which is extraordinary in its nature and scope which was not foreseeable through the use of ordinary prudence and diligence and which is unique to a particular exemption- applicant, and the reason or reasons justifying an exemption must be beyond the exemption-applicant's control. An exemption shall only be granted by the Review Committee in the exercise of its discretion for good cause and then only when there is no other reasonable or practical alternative and where the denial of an exemption would result in serious and undue hardship, financial or otherwise to the exemption-applicant.
An exemption, if granted, shall be for the least amount of time reasonably necessary to alleviate the occurrence or event up to a maximum period of one year and, further provided however, that there may be only one exemption granted to any applicant under the circumstances set forth herein.
An exemption shall not be granted for negligence or oversight on the part of the exemption-applicant.
[Ord. No. 779-2018]
a. 
The Police Department and Code Enforcement Officer have primary responsibility for enforcement of this chapter. The Police Department and Code Enforcement Officer are authorized to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing complaints and entering the premises of any business establishment during business hours.
[Amended 5-8-2019 by Ord. No. 789-2019]
b. 
If a Police Officer or Code Enforcement Officer determines that a violation of this section has occurred, he/she will issue a written warning notice to the owner or operator of the business establishment that a violation has occurred and the potential penalties that will apply for future violations.
c. 
Any business establishment that violates or fails to comply with any of the provisions of this chapter after a written warning notice has been issued for that violation shall be subject to a penalty that shall not exceed $200 for a first violation; $350 for a second violation within any twelve-month period; and $500 for each additional violation within any twelve-month period. Every 30 days that a violation continues will constitute a separate offense.
[Amended 5-8-2019 by Ord. No. 789-2019]
d. 
Violation of this section is hereby declared to be a public nuisance, which may be abated by the Borough by restraining order, preliminary and permanent injunction, or other means provided for by law, and the Borough may take action to recover the costs of the nuisance abatement.
Editor's Note: This section was previously codified in Chapter 18, Health and Safety, § 18-4. Ord. No. 779-2018 relocated the material to this chapter.
[Ord. No. 679-2013 § 18:3-5]
Garbage, trash and debris, commonly referred to as Type 10 Municipal Waste (residential, commercial, institutional and industrial): consisting of waste originating from private residences, commercial waste from wholesale, retail, or service establishments such as restaurants, stores, markets, theatres, hotels, motels, warehouses and institutional waste originated in schools, hospitals and public buildings shall be placed in metal or heavy duty plastic containers, secured by a lid. Such container shall be plainly labeled with the address and unit number, if applicable, of the property to which it belongs. All required markings shall be permanently affixed by paint, indelible marker, adhesive or otherwise and shall measure not less than two inches in height. Failure of an owner or occupant to supply/utilize containers as herein specified shall subject the owner and/or occupant to the penalties provided herein. Plastic trash bags shall not be used unless placed in a metal or plastic container as specified herein.
[Ord. No. 679-2013 § 18:3-5.1]
The maximum number of containers for the deposit of trash and garbage, municipal waste Type 10 and 13 (Bulky Waste), shall comply with the following:
a. 
Five containers not to exceed 35 gallon capacity each; and not to exceed 50 pounds in weight each; or
b. 
Five containers not to exceed 40 gallon capacity each; or
c. 
Four containers not to exceed 50 gallon capacity each; or
d. 
Three containers not to exceed 65 gallon capacity each; or
e. 
Two containers not to exceed 96 gallon capacity each.
f. 
The use of receptacles or containers with a capacity in excess of 96 gallons is prohibited.
Containers specified in Subsections b through e above shall be used only if such receptacles or containers are of the roll-out type and suitably equipped and capable of being serviced or handled by collection vehicles which are equipped with tipper/kicker arms.
[Ord. No. 679-2013 § 18:3-5.2]
a. 
Optional. In place of a container or containers with either a 35-, 40-, 50-, 65- or 96-gallon capacity, a property owner or occupant of any property, except a single-family residence or duplex residence, shall have the option of obtaining a two-cubic-yard dumpster. The cost of rental or purchase of such dumpster or dumpsters shall be the sole obligation of the owner or occupant of such property. The placement of such dumpster on the property shall be approved by the Director of the Department of Public Works or his designee.
b. 
Required Dumpsters. Multi-family residences, condominiums, townhouse complexes, hotels and motels and all commercial properties which consistently generate in excess of five cans or 175 gallons of solid waste, that is, Type 10 municipal waste, exclusive of recyclable materials, shall provide a rear loading dumpster for the collection of such solid waste materials. The cost of providing such dumpster shall be the responsibility of the owner or occupant. The placement of such dumpster shall be approved by the Avalon Director of Public Works or his designee.
[Ord. No. 679-2013 § 18:3-5]
The Director of the Department of Public Works (DPW) is authorized to establish the days, frequency and time of collection of solid waste within the Borough subject to the approval of the Business Administrator. The Director of DPW is further authorized to implement rules and regulations, subject to the approval of the Business Administrator for the orderly, efficient and cost effective implementation and administration of the Borough's Solid Waste Collection Program. Such rules and regulations if adopted by the Borough Council shall have the force and effect of law and a violation thereof shall constitute a violation of this section and subject the violator to the penalties provided herein.
[Ord. No. 679-2013 § 18:3-6.2]
a. 
The Borough shall provide for collection of bulk trash, consisting of certain of those items defined as Municipal Waste Type 13, including "white goods." Certain items of bulk trash as defined by N.J.A.C. 7:26H-1.4 will not be collected by the Borough and such items are excluded from this Bulk Trash Collection Program.
b. 
The Director of DPW of the Borough, subject to the approval of the Business Administrator, shall determine the items or types of items of bulk trash to be collected and such list shall be available to all property owners or occupants in the Borough.
c. 
The Director of DPW is authorized to establish the days, frequency and time of collection of bulk trash within the Borough subject to the approval of the Business Administrator. The Director of DPW is further authorized to implement rules and regulations, subject to the approval of the Business Administrator for the orderly, efficient and cost effective implementation and administration of the Borough's Solid Waste Collection Program, including the collection of bulk trash. Such rules and regulations if adopted by the Borough Council shall have the force and effect of law and a violation thereof shall constitute a violation of this section and subject the violator to the penalties provided herein.
[Ord. No. 679-2013 § 18:3-7]
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 container 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 6:00 p.m. on the day of collection will be considered a violation of this section and the local sanitary code.
c. 
Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, 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 property of the municipality. It shall be a violation of this section 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.
[Ord. No. 679-2013 § 18:3-8]
The Borough Council is hereby authorized to promulgate, from time to time, additional rules and regulations relating to the collection and disposal of solid waste including requirements for the preparation, placement and collection of solid waste, also known as Type 10 Municipal Waste and Type 13 Bulky Waste, provided, however, that such rules and regulations shall not be inconsistent with terms and provisions of this section. Such rules and regulations shall be duly promulgated subsequent to publication so that the public has had notice thereof. Any violation of such Rules and Regulations, once the same have been adopted and published, shall constitute a violation of this section and shall subject the violator(s) to the penalties established herein.
[Ord. No. 679-2013 § 2]
Any person or entity violating, or failing to comply with, any of the provisions provided in this section shall, upon conviction thereof, be punishable by a fine of not less than $65 and not more than $1,250 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Municipal Judge. The continuation of any violation for each successive day shall constitute a separate offense, and the person, persons, or entity allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. Any violation may be afforded at least one warning at the discretion of the enforcement designees before the issuance of any fines.
[Ord. No. 731-2015]
This chapter shall be enforced by any of the following each of whom is empowered individually and severally to enforce same:
The Municipal Recycling Coordinator
The Director of Public Works and Utilities (DPWU)
The Assistant Director of Public Works and Utilities (DPWU)
Code Enforcement Official and Code Enforcement Officers
The Construction Official in his capacity as Director of the Bureau of Licenses in the Division of Construction Code Enforcement
Officers of the Avalon Police Department