[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:
Such terms may be used interchangeably throughout this chapter.
For the definition see "solid waste and recycling carts."
[Added 9-13-2023 by Ord. No. 860-2023]
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:
Category 1: Designated Recyclable Materials To Be Set
Out At Curbside:
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:"
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.
Shredded paper shall be placed in a clear plastic bag and tightly
secured and placed curbside for collection as solid waste until further
notice from the CMCMUA. Such items are not currently deemed recyclable
material.
[Amended 9-13-2023 by Ord. No. 860-2023]
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.
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.
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.
|
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:
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:
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;
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;
Mixed Rigid Plastic — Plastic 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.
Film Plastic — Film plastic material or items consisting
of boat shrink wrap, greenhouse plastic, and other pre-approved film
plastics.
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:
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;
Wood Pallets and Crates — Clean untreated, unpainted pallets
and crates only;
Batteries - Lead Acid Batteries — Used SLA (sealed lead
acid) batteries generated from motor vehicles, aviation and marine
equipment;
Propane Tanks — Empty 20 to 30 lb. BBQ type tanks;
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;
Commercial Cooking Grease — Grease and oil generated from
food preparation by commercial sources only;
Asphalt and Concrete — Asphalt and concrete materials
from construction and demolition projects;
Auto and Truck Bodies — All junk automobiles, trucks and
parts;
Tires — Worn truck and passenger car tires;
Used Oil Filters — Used filters that are generated from
changing crankcase oil in automobiles, trucks and other vehicles;
Antifreeze — Used antifreeze generated from automobiles,
trucks and other vehicles/sources; and
Consumer Rechargeable NiCad (Nickel-Cadmium) and Small Sealed
Lead Acid Batteries — Small sealed batteries generated from
use of electronic equipment.
The recycling program operated within the Borough is part of
the county-wide program developed and operated by the CMCMUA and is
subject to change. Whenever any change in the recycling program is
adopted by the CMCMUA, such change shall be binding on the municipal
program operated in the Borough and the Borough program shall be deemed
amended to conform with CMCMUA requirements whenever necessary.
[Added 9-13-2023 by Ord. No. 860-2023]
The Cape May County Municipal Utilities Authority.
The Director of Public Works or the Director of the Department
of Public Works in the Borough of Avalon.
An individual who has some physical condition that renders
it difficult or impossible to use, maneuver, or transport a 95-gallon
solid waste or recycling cart and such person signs a certification
attesting to such disability. In place of such certification, a handicap
placard and certificate issued by the New Jersey Motor Vehicle Commission
or issued by a similar type agency of another state shall be accepted
as conclusive proof of such disability.
[Added 9-13-2023 by Ord. No. 860-2023]
The Department of Public Works of the Borough of Avalon.
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.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Borough
of Avalon.
The New Jersey Department of Environmental Protection.
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.
Those materials which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
A person who is 70 years of age or older.
[Added 9-13-2023 by Ord. No. 860-2023]
A separate container and specifically identified for solid
waste or recyclable materials and which is issued to each property
owner by the Borough of Avalon and which shall be used exclusively
for the disposal and collection of municipal solid waste (Type 10)
and designated recyclable materials as designated by the Cape May
County Municipal Utilities Authority. The carts are of a standard
size and construction and after October 1, 2023, shall be the only
receptacle used for the disposal and collection of solid waste and
recyclable materials within the Borough of Avalon. All such carts
are registered to a designated property and shall be used only at
such property. The carts are and shall remain the property of the
Borough of Avalon. In the event the registered property is sold, assigned,
or transferred, the carts shall remain with the registered property
for use by the transferee.
[Added 9-13-2023 by Ord. No. 860-2023]
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.
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
use the recycling receptacle cart(s) provided by the Borough and none
other. If the Borough provides a dumpster for either recyclable materials
or solid waste, then that dumpster shall be used. Nothing contained
herein shall be constructed to prohibit the owner of commercial or
multi-family units described herein from contracting with a DEP-approved
hauler to provide dumpsters and/or provide more frequent collection
service.
[Amended 9-13-2023 by Ord. No. 860-2023]
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 different from the Borough-issued
receptacle carts 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.
[Amended 9-13-2023 by Ord. No. 860-2023]
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 Plastic — Plastic 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.
[Amended 9-13-2023 by Ord. No. 860-2023]
Receptacles to be used in the Mandatory Recycling Program shall
be as outlined below.
[Ord. No. 679-2013 § 17:11;
amended 9-13-2023 by Ord. No. 860-2023]
a.
Distribution of Receptacle Carts.
1.
The Borough will distribute one receptacle for solid waste and one
receptacle for recyclable materials in accordance with the provisions
of this section. All such containers are the property of the Borough
of Avalon and shall remain so. The receptacles will be registered
via barcode to a designated address and such containers shall be for
the benefit of such designated property and none other.
2.
Commencing on or about May 1 through May 15, 2023, the Borough will
distribute receptacles for both solid waste collection and recyclable
materials as hereinafter specified. Containers will be of different
colors to distinguish the intended use: solid waste collection = black;
recyclable materials = blue.
3.
Owners and lessees will be encouraged to use the receptacles/carts
upon receipt. Use of the receptacles will become mandatory on and
after October 1, 2023. Effective that date, only approved receptacles/carts
will be collected on the designated collection days. Use of other
than the Borough-issued receptacles/carts will be prohibited.
4.
Failure to use the Borough-issued receptacles/carts on and after
October 1, 2023, will result in the non-collection of the materials
placed curbside and will also subject the property owner and/or lessees
and/or occupants to a violation notice and penalties in accordance
with this chapter, and may include prosecution in the Municipal Court.
b.
Solid Waste and Recycling Carts; Distribution and Ownership of Carts;
Additional Carts:
1.
Every property owner shall receive one ninety-five-gallon solid waste cart, and one ninety-five-gallon recycling cart. These carts are purchased and owned by the Borough of Avalon and remain the property of the Borough plus any additional carts which may be obtained by a property owner pursuant to Subsection b3 below.
2.
The Borough assigns the carts described in Subsection b1 to every property in the Borough consistent with the below schedule; black carts are used for solid waste, blue carts for recycling.
3.
A property owner is permitted to obtain additional ninety-five-gallon
cart(s) for solid waste or recycling for a non-refundable fee of $100
per container. Additional cart(s) is/are also registered to the designated
property and not to the individual as they remain the property of
the Borough of Avalon. Solid waste carts of different sizes will not
be assigned to an individual property.
4.
The following provisions shall apply to senior citizens and persons
with disabilities:
(a)
Senior citizens (ages 70 or older), with or without disabilities,
are entitled to exchange ninety-five-gallon carts for thirty-five-gallon
carts. Carts for solid waste and recycling must be of the same size
and capacity per residence - either 95 or 35 for each and without
mixing sizes.
(b)
Persons with disabilities are also able to exchange a ninety-five-gallon
capacity for a thirty-five-gallon capacity. Disability shall be established
by signing a certification attesting to a disability that makes it
difficult or impossible to use or maneuver the larger cart. In the
alternative, should such person have a "handicapped placard" issued
by New Jersey or another state, such placard will be accepted as conclusive
proof of the disability.
(c)
The Director of DPWU, with the approval of the Business Administrator,
is empowered to adopt rules and regulations pursuant to N.J.S.A. 40:69A-183
and subject to the final approval of Borough Council to aid in the
efficient administration and enforcement of this chapter.
5.
Cart distribution and assignment for all properties including commercial
shall be as follows:
(a)
Residential Property - One to Four Units and Commercial/Retail
Operations:
(1)
Each single-family residence and residential complex consisting
of one to four units will receive one ninety-five-gallon solid waste
receptacle and one ninety-five-gallon recyclable receptacle for each
separate residential unit.
(2)
Additional carts may be obtained from the Borough Department
of Public Works at a non-refundable cost of $100 for each container.
There is a maximum limit of two solid waste and two recyclable materials
receptacles per residential unit.
(3)
Each commercial and retail business (no food) shall receive
the same as residential structures above. If the volume of solid waste
or recyclable material generated by any such business should exceed
the volume of two receptacle carts (approximately 10 trash bags per
ninety-five-gallon container), such business:
(i)
May request a two-yard dumpster for solid waste
material in lieu of the ninety-five-gallon solid waste receptacle.
(ii)
If the recyclable material generated exceeds the
capacity of the ninety-five-gallon receptacle, such business shall,
at its sole cost and expense, contract with a licensed DEP hauler
for the leasing of a suitable dumpster and the periodic service thereof.
(4)
All solid waste and recycling carts, and dumpsters provided
by the Borough, including any additional carts obtained by the property
owner, are and shall remain the property of the Borough of Avalon
and shall be used only at the assigned registered address in the Borough
and at no other location.
(b)
Condominiums - Five or More Units, Hotels/Motels, and Restaurants,
Bars, and Other Food Service Establishments:
(1)
Each such property described in this subsection will be provided
with one two-yard dumpster for solid waste collection only (unless
the volume generated can be handled by two ninety-five-gallon solid
waste receptacles). The Borough's contractor shall provide collection
services for such dumpster in accordance with the Borough's regular
collection schedule. If the volume of solid waste generated exceeds
the volume capacity of a two-yard dumpster, or if the particular circumstances
of the property requires more frequent collection than what is routinely
provided by the Borough, then such property owner shall, at its own
cost and expense, contract with a licensed DEP solid waste hauler
to provide a suitable dumpster or other receptacle(s) for the collection
and disposal of such solid waste materials which dumpster or other
receptacle shall be collected on a periodic basis - daily if necessary
- but not less than the collection schedule established by the Borough.
(2)
Each of the properties described in this subsection shall, at
its own cost and expense, contract with a licensed DEP solid waste
hauler to provide a suitable dumpster or other receptacle for the
collection and disposal of recyclable materials which dumpster or
other receptacle shall be collected on a periodic basis but not less
than weekly.
(c)
Notwithstanding the foregoing or any other provision of this
chapter to the contrary, the Director of DPW is authorized, under
special or exceptional circumstances, and for good cause, to make
any change in the number of receptacle carts and/or dumpsters for
either recycling and/or solid waste collection and disposal, issued
to an individual property or business; or to make any other changes
necessary for the timely and efficient collection of such materials
in order to promote the public health, safety, and convenience. Any
change so authorized shall be deemed a departmental directive and
shall be in writing and signed by the Director, and such directive
may be modified or rescinded by the Director at any time in the exercise
of his judgment and discretion.
[Ord. No. 679-2013 § 17:11.4;
amended 9-13-2023 by Ord. No. 860-2023]
Recyclable material or items to be recycled shall be placed
curbside, in the manner required by this chapter, 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;
amended 9-13-2023 by Ord. No. 860-2023]
a.
There shall be a maximum of not more than two solid waste and two
recycling receptacles placed for collection on any day scheduled for
collection.
b.
On and after October 1, 2023, only those recycling carts issued by the Borough to each property in accordance with § 17-1.12 shall be used for the disposal and collection of designated recyclable materials. The use of any other type of receptacle for recyclable materials is prohibited and constitutes a violation punishable as specified in this chapter.
c.
On and after October 1, 2023, any receptacles other than the mandatory
recycling and solid waste carts issued by the Borough may be used
for yard materials such as grass or brush but may not be used for
the disposal of approved recyclable materials collected curbside or
for solid waste.
[Ord. No. 679-2013 § 17:12;
Ord. No 731-2015 § 2; amended 9-13-2023 by Ord. No. 860-2023]
This chapter shall be enforced by the Borough Code Enforcement
Official and officers.
[Ord. No. 679-2013 § 17:13;
amended 9-13-2023 by Ord. No. 860-2023]
The Director of DPWU, with the consent and approval of the Borough
Administrator, is hereby authorized to adopt reasonable rules and
regulations for the efficient administration and enforcement of this
chapter. Such rules and regulations shall be in writing and shall
be filed with the Borough Clerk, and thereafter presented to Borough
Council. Borough Council may either approve, reject, or modify such
rule or regulation by resolution. Such rules and regulations shall
have the force of law once approved by Borough Council as provided
in N.J.S.A. 40:69A-183.
[Ord. No. 679-2013 § 17:14;
amended 9-13-2023 by Ord. No. 860-2023]
a.
Any person who consistently fails to abide by this chapter shall
be issued a notice of violation. The recipient of such notice shall
have until the next regular collection to correct the violation(s)
and come into compliance with this chapter. Should the recipient fail
to do so, the person in violation may be subject to an administrative
penalty which shall be imposed by the Director of DPWU as follows:
|
First violation after warning
|
Minimum assessment of $25; not to exceed $50
|
|
Second violation occurring within 12 consecutive months of the
first violation
|
Minimum assessment of $50; not to exceed $100
|
|
Third or subsequent violation occurring within 12 consecutive
months of the first violation
|
Minimum assessment of $100 per violation; not to exceed $200
per violation
|
b.
Any person aggrieved by the imposition of an administrative penalty shall have the right to an administrative appeal in accordance with Chapter 1 of this Code.
c.
Any person who fails to pay an administrative assessment, or who
fails to administratively appeal such assessment, and such payment
is outstanding and unpaid for 60 or more days, shall be subject to
having such matter presented to Borough Council and, if Council approves
the imposition of such administrative penalty or penalties, the amount
due shall be certified as a lien to the Borough Tax Collector and
the amount of such lien shall thereupon be collected in the same manner
as real estate taxes and subject to the same penalties for failure
to pay such real estate taxes.
[Added 9-13-2023 by Ord. No. 860-2023]
In addition to any administrative penalties that may be assessed, and independent thereof, any person violating the provisions of this chapter may be prosecuted in the Municipal Court, or other court having jurisdiction, and shall upon conviction be subject to the penalties specified in §§ 1-5.1 through 1-5.8, inclusive.
[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.
[Repealed in entirety 9-13-2023 by Ord. No. 860-2023. Prior ordinances
include Ord. No. 779-2018 and Ord. No. 789-2019.]
This entire section comprising §§ 17-6.1 through and inclusive of 17-6.9 are hereby stricken and repealed pursuant to P.L. 2020, c. 117, pursuant to which the State of New Jersey prohibited all single-use carryout bags, polystyrene foam food service products, and plastic straws. By enacting said legislation the State of New Jersey has preempted this issue and has superseded all local ordinances.
As stated by the New Jersey Department of Environmental Protection
(NJDEP):
Starting May 4, 2022, New Jersey retail stores, grocery stores
and food service businesses may not provide or sell single-use plastic
carryout bags and polystyrene foam food service products. Single-use
paper carryout bags are allowed to be provided or sold, except by
grocery stores equal to or larger than 2,500 square feet, which may
only provide or sell reusable carryout bags. After November 4, 2021,
plastic straws may be provided only upon the request of the customer.
(Source: NJDEP Website)
[Ord. No. 679-2013 § 18:3-5;
amended 9-13-2023 by Ord. No. 860-2023]
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 those containers issued by the Borough for recycling materials and for solid waste as described in § 17-1.12 hereof. Plastic trash bags shall not be used unless placed in such container as specified herein.
[Ord. No. 679-2013 § 18:3-5.1;
amended 9-13-2023 by Ord. No. 860-2023]
There shall be a limit, not to exceed two solid waste and two recyclable receptacles per residence as specified in § 17-1.15.
[Ord. No. 679-2013 § 18:3-5.2;
amended 9-13-2023 by Ord. No. 860-2023]
The use of dumpsters shall be in accord with the provisions of § 17-1.12.
[Ord. No. 679-2013 § 18:3-5;
amended 9-13-2023 by Ord. No. 860-2023]
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.
[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.
[Amended 9-13-2023 by Ord. No. 860-2023]
[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;
amended 9-13-2023 by Ord. No. 860-2023]
The Director of DPWU, with the consent and approval of the Borough
Administrator, is hereby authorized to adopt reasonable rules and
regulations for the efficient administration and enforcement of this
chapter. Such rules and regulations shall be in writing and shall
be filed with the Borough Clerk, and thereafter presented to Borough
Council. Borough Council may either approve, reject, or modify such
rule or regulation by resolution. Such rules and regulations shall
have the force of law once approved by Borough Council as provided
in N.J.S.A. 40:69A-183.
[Ord. No. 679-2013 § 2;
amended 9-13-2023 by Ord. No. 860-2023]
[Ord. No. 731-2015; amended 9-13-2023 by Ord. No. 860-2023]
This chapter shall be enforced by the Borough Code Enforcement
Official and officers.
