The Borough hereby amends and supplements its previously established
mandatory recycling program to reflect that it shall at all times
and where applicable be subject to N.J.S.A. 13:1E-1 et seq., and any
supplements or amendments thereto, including any rules and regulations
adopted pursuant thereto, and mandated county or regional recycling
programs as required by law.
It shall be mandatory for all owners, lessees, occupants of
residential property, occupants of business property, commercial and
industrial property, and all private and public institutions and buildings
to separate newspapers, clear glass, amber glass, green glass, plastic
bottles, tin, and aluminum from all other solid waste produced by
the residence for collection and ultimate recycling.
A.
On and after the adoption of this section, and in accordance with
existing state regulations (N.J.A.C. 14A:3-11), all service stations,
oil retailers and motor vehicle reinspection stations with "used oil
holding tanks" shall accept up to five (5) gallons at a time of used
motor oil from individuals changing oil from cars, lawn mowers or
motorcycles and shall post a sign informing the public that they are
a "Used Oil Collection Site". The Borough operates an oil collection
site located in the Avon-by-the-Sea Recycling Center.
B.
It shall be mandatory for every owner, lessee, and occupant of every
type of property to separate and arrange for recycling of tree stumps,
concrete and asphalt. The Borough will not collect or dispose of such
materials, and it is the responsibility of the owner, lessee, or occupant
to arrange for collection and disposal.
C.
It shall be mandatory for every owner, lessee, and occupant of every
type of property to separate and arrange for the recycling of automobile
and truck tires. The Borough will not collect or dispose of such items,
unless the owner, lessee or occupant has paid the following fee:
For the purposes of this Article, the following definitions
shall apply:
All disposable items made of aluminum including aluminum
containers used for soda, beer and other beverages, foil, wrappers,
containers for prepared food, screen frames and lawn chairs.
Cardboard of the type used to make cardboard boxes, cartons,
pasteboard and similar corrugated and craft paper material.
All products made from silica or sand, soda ash and limestone;
the product being transparent or translucent and being used for packaging
or bottling of various matters excluding, however, blue or lat glass
commonly known as window glass.
White and/or off-white stationery, photocopy and computer
paper.
Newspapers and inserts. It excludes magazines and TV Guides
that are not of newspaper quality.
All garbage and rubbish normally produced by the occupants
of commercial, industrial and residential property and disposed of
by private or public pickup.
Materials designated in the Borough of Avon-by-the-Sea Recycling Ordinance, Chapter 107, Article III shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
A.
For each subdivision application for fifty (50) or more single family
units, the applicant shall provide a storage area of at least twelve
(12) square feet within each dwelling unit to accommodate a four (4)
week accumulation of mandated recyclables (including but not limited
to: newspaper, glass bottles, aluminum cans, tin and bimetal cans).
The storage area may be located in the laundry room, garage, basement
or kitchen.
B.
For each subdivision application for twenty-five (25) or more multifamily
units, the applicant shall provide a storage area of at least three
(3) square feet within each dwelling unit to accommodate a one (1)
week accumulation of mandated recyclables (including but not limited
to: newspaper, glass bottles, aluminum cans, tin and bimetal cans).
The storage area may be located in the laundry room, garage, or kitchen.
Unless recyclables are collected on a weekly basis from each dwelling
unit, one (1) or more common storage areas must be provided at convenient
locations within the development.
C.
For each site plan application for commercial and industrial developments
that utilize one thousand (1000) square feet or more of land, the
applicant shall provide the municipal agency with estimates of the
quantity of mandated recyclable materials (including but not limited
to: newspaper, glass bottles, aluminum cans, tin and bimetal cans,
high grade paper, and corrugated cardboard) that will be generated
by the development during each week. A separate storage area must
be provided to accommodate a one (1) to four (4) week accumulation
of recyclable material. The municipal agency may require the location
of one or more common storage areas at convenient locations within
the development.
Used newspapers, defined as the type commonly referred to as
newsprint and distributed at stated intervals, usually daily or weekly,
having printed thereon news and opinions, advertisements and the like,
but not including magazines or other periodicals which products contain
shiny or glossy paper, shall be separated and bundled or packaged
for pickup, collection and recycling on every other Wednesday. If
that day is a holiday, then the pickup will be on the next following
Wednesday not a holiday.
A.
Bundling. Newspapers shall be compacted and tied securely in bundles
not exceeding thirty (30) pounds in weight with a rope or cord of
sufficient strength to facilitate handling. The bundles shall be staged
for collection not earlier than 6:00 p.m., prevailing time, on the
day preceding the day scheduled for collection and not after 6:30
a.m., prevailing time, of the day of collection.
B.
Used newspapers at curb property of Borough; violation. From the
time of placement at the curb by any residents of used newspapers
for collection by the Borough, such used newspapers shall be and become
the property of the Borough. It shall be a violation of this section
to collect or pick up or cause to be collected or picked up, any such
used newspapers, unless authorized to do so by permit issued by the
Borough Clerk and authorized by resolution of the Mayor and Borough
Council. Any and each such collection from any one (1) or more residences,
on any one (1) or more days, shall constitute a separate and distinct
offense punishable as hereinafter provided.
C.
Issuance of permit. The Board of Commissioners may by resolution
authorize the Borough Clerk to issue one (1) or more permits as deemed
necessary by the Board of Commissioners to facilitate disposal and
recycling of the newspapers, or to place same out to bid if required
by the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.), enter
into a contract for the sale of same, if otherwise permitted by law.
The Borough may, at its option, utilize its own personnel and equipment
to collect and dispose of the newspapers or contract out the cost
thereof.
No one may dispose of used oil except in the manner provided
by State law and the rules and regulations adopted pursuant thereto,
and only by depositing same with authorized collection centers. In
accordance with existing state regulations (N.J.A.C. 14A:3-11) service
stations, oil retailers and motor vehicle reinspection stations with
"Used oil holding tanks" shall accept up to five (5) gallons at a
time of used motor oil from individuals changing oil from cars, lawn
mowers or motorcycles and shall post a sign informing the public that
they are a "Used Oil Collection Site."
The position of Recycling Coordinator is hereby created and
established within the Borough of Avon-by-the-Sea.
A.
The Recycling Coordinator shall be appointed by the Board of Commissioners
for a term of one (1) year expiring December 31 of each year. The
term of the person first appointed as Recycling Coordinator shall
expire December 31 of the year of that person's appointment.
B.
The Recycling Coordinator, subject to the approval of the Board of
Commissioners shall establish and promulgate reasonable rules and
regulations as to the manner, days and times for the collection, sorting,
transportation, sale and/or marketing of said recyclable material
in order to encourage the preservation of material resources while
minimizing the cost of the recycling program to the Borough.
The Board of Commissioners may use municipal personnel to collect
recyclable material set forth herein at curbside and/or from a drop-off
center and shall sell said recyclable material if a market exists
therefor pursuant to N.J.S.A. 40A:11-1 et seq. Any premises owner,
lessee, or occupant may deliver recyclable materials as designated
by the Borough to the drop-off center established therefor.
A.
The Board of Commissioners may elect to enter into agreement with
qualified persons or corporations authorizing them to collect said
recyclable material at curbside or from a drop-off center and shall
sell said recyclable material provided the amount of money realized
exceeds the cost of collection.
B.
Greater level of service. Nonresidential properties which the owner
demands a greater level of service than provided above, must contract
with the approved private solid waste collector for such service.
Recyclable material as defined herein shall be the property
of the Borough of Avon-by-the-Sea once placed in the lane or brought
to a drop-off center.
It shall be a violation of this section for any person unauthorized
by the Borough to pick up or cause to be picked up recyclable material
as defined herein. Each such collection in violation hereof shall
constitute a separate and distinct offense punishable as hereinafter
provided.
Anything herein to the contrary notwithstanding, any person,
partnership or corporation who is owner, lessee or occupant of a residential
or nonresidential property may donate or sell recyclable material,
as defined herein, to any person, partnership or corporation whether
or not operating for profit. That person, partnership or corporation,
however, shall not pick up recyclable materials at curbside or at
the Borough drop off center.
A.
Any person, firm or corporation who violates or neglects to comply with any provision of this Article shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Section 1-15, except that the maximum fine or penalty for the failure to comply with subsections 107-19, A and B thereof, or any rule or regulation promulgated pursuant thereto, shall not exceed fifty dollars ($50). Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
B.
Enforcement shall be the responsibility of the Recycling Coordinator,
Superintendent of Public Works and/or the Avon-by-the-Sea Police Department.
If any section, subsection, clause or phrase of this article
is held unconstitutional or invalid for any reason, such decision
shall not affect the remaining portions of this Article.
