[HISTORY: Adopted by the Township Committee of the Township
of Barnegat 3-20-95 as Ord. No. 1995-20. Amended 3-17-03 by Ord. No. 2003-02; 1-22-08 by Ord. No. 2008-01.
Amended in its entirety 12-21-09 by Ord. No. 2009-35. Subsequent amendments noted where applicable.]
DUAL STREAM
A.
COMMINGLEDall plastic bottles; aluminum and steel cans and glass jars.
B.
PAPERMagazines, catalogues, junk mail, used writing paper, newsprint, cardboard, office and school paper. No chipboard or pizza boxes.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source separated for the purpose
of recycling.
ELECTRONIC WASTE
(to be included in those instances where a recycling program
has been, or will be, established for these materials. Additionally,
the following definition may be changed to reflect individual municipal
program requirements) — A computer central processing unit and
associated hardware including keyboards, modems, printers scanners
and fax machines; a cathode ray tube, a cathode ray tube device, a
flat panel display or similar video display device with a screen that
is greater than four (4) inches measured diagonally and that contains
one or more circuit boards, including a television, and cell phones.
MULTI-FAMILY DWELLING
Any building or structure, or complex of buildings in which
three (3) or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (see N.J.S.A.
13:1E-99.13a) and shall include hotels, motels, or other guest houses
serving transient or seasonal guests as those terms are defined under
subsection O) of section 3 of the "Hotel and Multiple Dwelling Law,"
P.L. 1967, c. 76 (C. 55:13-A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this ordinance, and any rules and regulations which
may be promulgated hereunder.
RECYCLABLE MATERIAL
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
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.
The collection of recyclable materials shall be in the manner
prescribed as follows:
A. All containers containing recyclable materials shall be placed, prior
to collection between the curb and the sidewalk, or in the absence
of curb and sidewalk, as near to the street as not to constitute a
danger, where such receptacles shall be readily accessible to the
collector without providing obstruction to pedestrians. The owner
or occupant of the premises shall keep all receptacles clean and in
safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above anytime after 5:00 p.m. of the day
immediately preceding the day of collection, but no later than 6:00
a.m. of the day of collection. After collection, any containers shall
be removed from the curbside by no later than 7:00 p.m. of the day
of collection.
B. All receptacles or dumpsters shall be kept clean and in a safe manner.
The owner of any property shall be responsible for compliance
with this ordinance. For multi-family units, the management or owner
is responsible for setting up and maintaining the recycling system,
including collection of recyclable materials, in accordance with guidelines
or regulations established by the appropriate municipal office. Violations
and penalty notices will be directed to the owner or management, in
those instances where the violator is not easily identifiable. The
management shall issue notification and collection rules to new tenants
when they arrive and every six (6) months during their occupancy.
The Code Enforcement Official, the Property Maintenance Official,
the Housing Officer and the Ocean County Department of Health are
hereby individually and severally empowered to enforce the provisions
of this ordinance. An inspection may consist of sorting through containers
and opening of solid waste bags to detect, by sound or sight, the
presence of any recyclable material.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this ordinance or any of the
rules and regulations promulgated hereunder shall, upon conviction
thereof, be punishable by a fine not less than two hundred fifty dollars
($250.), nor more than one thousand dollars ($1000.). Each day for
which a violation of this ordinance occurs shall be considered a separate
offense.
Fines levied and collected pursuant to the provisions of this
ordinance shall be immediately deposited into the Municipal Recycling
Trust Fund (or equivalent). Monies in the Municipal Recycling Trust
Fund shall be used for the expenses of the municipal recycling program.
COVERED PROJECT
A construction, renovation, or demolition project for which
a building permit or a demolition permit is required, and for which
a dumpster or roll-off container shall be placed on premises for the
purpose of placement of solid waste materials.
A debris recovery plan shall be filed with the Municipal Recycling
Coordinator prior to the commencement of any activity for which municipal
approval as further identified above. The debris recovery plan shall
identify the types and estimated quantities of construction and demolition
debris to be generated from the project, how each material will be
managed, and the name of each facility or service provider that the
entity will use to manage each material. The plan shall further detail
how the applicant shall ensure that a minimum of fifty percent (50%)
of the materials to be generated will be separated and recycled.
The Municipal Recycling Coordinator shall review the information
submitted pursuant to this ordinance and determine whether the owner
of the entity carrying out the covered project has complied, or failed
to comply with the diversion requirement. The determination regarding
compliance will be provided to the owner of the entity carrying out
the covered project in writing.
An owner of the entity carrying out the covered project may
appeal a determination of failure to comply under this ordinance to
the municipality within thirty (30) days of the decision or determination.
The appeal shall be in writing and shall state the facts and basis
for the appeal. A decision by the Administrator shall be final.
The Code Enforcement Official, the Police Department, the Department
of Health, the Recycling Coordinator, the Property Maintenance Official,
and the Housing Officer are hereby individually and severally empowered
to enforce the provisions of this ordinance. The respective enforcing
official may, in his or her discretion, post warning stickers for
a first offense. An inspection may consist of dumping and opening
of solid waste bags of containers to detect, by sound or sight, the
presence of any recyclable material.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this ordinance or any of the
rules and regulations promulgated hereunder shall, upon conviction
thereof, be punishable by a fine not less than two hundred fifty dollars
($250.), nor more than one thousand dollars ($1000.).
If it is determined, by a court of competent jurisdiction, that
any provision or section of this ordinance is unconstitutional, all
other sections and provisions shall remain in effect. This ordinance
shall take effect immediately.