Township of Neptune, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 1441 § 2; Ord. No. 95-35 § I; Ord. No. 98-7 § 1]
For the purpose of this chapter, the following terms, phrases, words and their derivation shall have the meanings given hereafter.
ASHES
Shall mean the residual from the burning of wood, coal, coke or other combustible materials.
BUILDING MATERIALS
Shall mean any material, such as lumber, brick (up to 2 x 2 x 2 in size), plaster, gutters (wood), roofing shingles (not asbestos), and no more than one (1) door or window, or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.
BUNDLES
Shall mean normally loose items such as newspaper, cardboard and branches, shall be collected if organized into bundles of not more than four (4) feet in length or fifty (50) pounds in weight. All bundles shall be tied with heavy twine, rope, wire, etc. "Bundles" shall be organized as to be conveniently handled by one (1) person.
CONTAINER
See Receptacle.
COORDINATOR
Shall mean the Solid Waste, Recycling and Clean Community Coordinator for the Township of Neptune.
DEPARTMENT
Shall mean the Township of Neptune, Road, Sanitation, Recycling, Sewer, Building Maintenance, and/or Parks Departments.
DIRECTOR OF PUBLIC WORKS
Shall mean the Director of Public Works for the Township of Neptune.
GARBAGE
Shall mean all waste matters pertaining to the handling, storing, preparing and disposal of meat, fish, fowl, birds and vegetables in any form or forms, not described specifically. Fecal waste must be double bagged.
HAZARDOUS WASTE
Shall mean any waste or combination of wastes which pose a present or potential threat to human health, living organisms or the environment; any waste so designated by the United States Environmental Protection Agency or the New Jersey Commissioner of Environmental Protection Department; any materials described in Ordinance 1461 which is codified as Section 20-1 of these Revised General Ordinances.
HOSPITAL/RED BAG WASTE
Shall mean and include, but not be limited to, all instruments, supplies, containers, bandages, tubing, gloves, etc. used by health care practitioners and facilities as described in the New Jersey Department of Health regulations and New Jersey Law, Section 306 of the Manual of Standards for Hospital Facilities, and N.J.S.A. 2A:170-25.17.
INDUSTRIAL WASTE
Shall mean those materials and waste matters connected with industrial establishments within the Township and including, but not limited to, processed scrap metals, non-recyclable packing materials, certain hazardous and dangerous materials such as acids, paints, fluorescent tubes and more than two (2) forty-two (42) gallon receptacles of non-recyclable glass and materials.
MULTIPLE DWELLING COMPLEX
Shall mean any building or structure and land appurtenant thereto containing more than two (2) living units (such as townhouses, condo-minimums and apartment houses).
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
RECEPTACLE
Shall mean a container constructed of such material and in such a manner as to hold solid waste, recyclables, and garbage and other such items without breaking or collapsing. "Receptacles" shall have handles and covers so that contents therein are not exposed to the weather, animals and vermin. A disposable plastic bag shall constitute a "receptacle" except for the disposal of leaves if it is of sufficient strength to hold its contents without breaking when collected. The "receptacle" shall be of such a design and weight as to be able to be handled by one (1) person. No "container" shall exceed forty-two (42) gallons in capacity nor weigh more than fifty (50) pounds when loaded. Commercial garbage receptacles and fifty-five (55) gallon drums are not acceptable as containers. Receptacles which, in the opinion of the Department, are badly broken or fail to meet the requirements of this chapter may be classified as "garbage" by the Supervisor of the Department.
RECYCLABLE MATERIALS
Shall mean all waste materials which have the ability to be returned, through processing, to their former or alternate use. Recyclable materials include, but are not limited to, the following:
a. 
Shall mean and include such beverage or food containers constructed or fabricated of aluminum or its alloys.
b. 
Shall mean food and beverage containers which are composed of an aluminum top and steel sides and bottom.
c. 
Shall mean and refer to the mixing of glass bottles and jars, aluminum cans, tin cans and pourable plastic bottles in the same container.
d. 
Shall mean and include Kraft corrugated which has a brown liner made from Kraft paper and regular corrugated which is gray or tan and is made from other types of paper such as newspaper.
e. 
Shall mean and include asphalt, concrete, wood waste, and another such waste material as associated with the razing of any building, structure or any part thereof.
f. 
Shall mean and include all products made from silica or sand, soda ash and lime, the product being transparent or translucent and being used as packaging and commonly known as "glass".
g. 
Shall mean and include white and off-white stationery, photocopy and computer paper.
h. 
Shall mean articles of paper such as, but not limited to, magazines, catalogs, envelopes, mail, school papers, office papers, real estate books, NCR paper, nonmetallic wrapping paper and newspaper inserts.
i. 
Shall mean and include papers of the type commonly referred to as "newsprint" and distributed at periodic intervals, usually daily or weekly. Expressly excluded, however, are all magazines or other glossy surfaced periodicals and all other paper products, e.g., wrappings from food products.
j. 
Shall mean and include all beverage containers which are constructed of polyethylene teraphthalate or high density polyethylene (food, drink and laundry containers).
k. 
Shall mean and include all food and beverage containers which are constructed of steel sides, tops and bottoms.
l. 
Shall mean and include used oil drained from automobiles, motorcycles and lawnmowers, etc.
m. 
Shall mean and include leaves, plant residue, and small tree limbs.
SINGLE RESIDENTIAL UNIT
Shall mean any dwelling place occupied by one (1) family.
SOLID WASTE
Shall mean all garbage and waste normally generated by the occupants of residential and other property, disposed of by private and/or public collection and defined as "solid waste" by the New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-3). Items classified as recyclable shall be prohibited from being placed commingled with other materials. The Township of Neptune is licensed by Solid Waste permit to collect three (3) types of waste:
a. 
Type 10, Municipal Waste: Residential, commercial and institutional solid waste generated within a community.
b. 
Type 13, Bulky Waste: Large items of solid waste which because of their size or weight require handling other than normally used for municipal waste. Bulky waste includes, but is not limited to, such items as demolition or construction material, appliances (excluding Freon), and furniture.
c. 
Type 23, Vegetative Waste: Includes, but is not limited to, tree limbs, branches, plants and flower residue, etc.
STREET
Shall mean any right-of-way, avenue, boulevard, road, parkway, viaduct, drive or other way which is:
a. 
An existing State, county or municipal roadway; or
b. 
Shown upon a plat approved by the Planning Board or Zoning Board of Adjustment and built in accordance with Township standards, and which may be either public or private; or
c. 
Shown on a plat filed with the office of the County Clerk of the County of Monmouth prior to the creation of the Planning Board or Zoning Board of Adjustment of the Township of Neptune;
d. 
Not dedicated, in whole or in part, as a parking area or driveway which provides access to any building or structures.
TOWNSHIP
Shall mean the Township of Neptune.
[Ord. No. 1441 § 3; Ord. No. 95-35 § II]
No person or persons or corporation shall engage in the business of collecting or transporting solid waste in the Township of Neptune without first obtaining a license to do so from the Board of Health of said Township.
[Ord. No. 1441 § 3; Ord. No. 95-35 § III]
The expiration date of licenses shall be September 30 next after the license shall have been granted.
[Ord. No. 1441 § 4; Ord. No. 95-35 § IV]
All applications for licenses to collect and/or transport garbage or refuse shall be made in writing, addressed to the Board of Health of said Township. The license fee shall be as promulgated by the Director of Public Works and approved by the Township Committee under separate cover entitled "Schedule of Fees" and paid per vehicle.
[Ord. No. 1441 § 5; Ord. No. 95-35 § V]
Every person or persons or corporation who shall transport any of the above through or along any street in said Township, shall use a vehicle properly constructed and furnished with a sufficient covering so as to prevent the escape of the contents thereof.
[Ord. No. 1441 § 6; Ord. No. 95-35 § VI]
No such vehicle shall stand in said streets or other public places at any time except when being loaded.
[Ord. No. 1441 § 7; Ord. No. 95-35 § VII]
All licensed solid waste haulers servicing residential, commercial and/or institutional premises located within the boundaries of the Township of Neptune shall be required to complete and submit tonnage reports of solid waste types collected within said boundaries, excluding recyclables, on a quarterly basis to the Board of Health of said Township.
[Ord. No. 1441 § 8; Ord. No. 95-35 § VIII]
a. 
Collection sectors, together with the dates of collection, shall be established by regulation of the Public Works Department. In the event of emergent situations, and inclement weather such as ice and snow storms, high winds, and/or heavy rains, the Department may suspend, restrict or otherwise modify the provisions of this chapter. Should any of the above situations occur, collection for the service which was suspended will resume on the next regularly scheduled collection day.
b. 
The following shall constitute holidays on which collections will not be made:
New Year's Day
Labor Day
Martin Luther King's Birthday
Columbus Day
Lincoln's Birthday
Veterans' Day
Washington's Birthday
Thanksgiving Day
Good Friday
Day after Thanksgiving
Memorial Day
Christmas Day
Independence Day
Please note that holidays falling on a Saturday shall be observed on the preceding Friday and holidays falling on a Sunday shall be observed on the following Monday.
[Ord. No. 1441 § 9; Ord. No. 95-35 § IX; Ord. No. 08-14 § 2]
Property owners and their agents, lessees, tenants or other occupants residing in residential dwellings who wish to have their solid waste disposed of by the Township shall:
a. 
Place solid waste from their unit in appropriate containers, receptacles, and/or bundles as specified at the street curb if one exists or adjacent to but not on the street pavement if there is no curb. The number of containers, on each collection day, shall not exceed six (6) per single-residential unit or six (6) per multiple-dwelling unit provided; however, that there shall be allowed two (2) additional containers for each unit over three (3) units. Businesses will be allowed no more than six (6) receptacles on a single collection day. Each receptacle must not exceed forty-two (42) gallons in size or fifty (50) pounds in weight. The number of automated trash containers, on each collection day, shall not exceed three (3) ninety-five (95) gallon automated containers per single-residential unit or multiple-dwelling unit.
b. 
Receptacles shall be placed as specified above beginning at dusk of the night preceding the scheduled collection day. All containers with solid waste and recyclables shall be placed at the curb by 6:00 a.m. of the collection day. All solid waste or recycling placed at the curb after collection has taken place will not be collected and must be removed from the curb until the following collection day. Solid waste receptacles shall be removed from the curb or pavement edge by 6:00 p.m. of the evening of the collection day and secured within three (3) feet of a permanent structure on the property. If the receptacle cannot be secure in this manner, Public Works' written approval must be obtained.
c. 
Properties shall be permitted to place solid waste for collection pursuant to this chapter, in accordance with a schedule approval by the Township of Neptune and on file in the office of the Clerk.
d. 
The Department may permit additional receptacles to be placed, provided that special prior arrangements have been made with the Department.
e. 
No collection of solid waste shall be accomplished on property outside of the dedicated public rights-of-way unless and until a release and a hold harmless and indemnification agreement between the property owner of record and the Township of Neptune shall be executed and in force. The owner of record shall also execute a license to the Township to permit access to the premises in question. Further, these premises shall only be served after the Public Works Department has deemed the roadway navigable and offers maneuverability to municipal equipment. It shall be the responsibility of the property owners and their agents, lessees, tenants or other occupants residing at said premises to maintain the roadway and vegetative overgrowth. Failure to meet these requirements will result in loss of services until such time that they are met as determined by the Public Works Department.
f. 
The Public Works Department provides an eight (8) cubic yard container for residents of the Township that desire to clean up their properties. There is a fee associated with this service, and is established with the Township Committee and charged as the per day fee by the Department. The container is delivered to the resident requesting the same early in the morning and picked up the next succeeding business day. A running list on a first come first served basis is maintained and operated by the Department. The fee is raised from time to time to keep up with escalating landfill tipping costs. Prohibited materials, including but not limited to, tires, batteries, recycling materials, asbestos shingles and all hazardous waste materials shall not be placed in the canister.
[Ord. No. 1441 § 10; Ord. No. 1565 § 1; Ord. No. 95-35 § X); Ord. No. 07-59 §§ 1,2]
Solid waste disposal service shall be provided by the Township to other property owners, their agents, lessees, tenants or other occupants in accordance with the following provisions:
a. 
Residential Charitable Institutions. Residential charitable institutions will be served with vehicles to enter the institutional driveways to the extent that they are navigable and offer maneuverability.
1. 
Containerized mechanically collected receptacles shall be required at the sole discretion of the Public Works Department when the volume or weight of the solid waste generated exceeds the limit of containers or bundles imposed by the Township. In the event that the number or the size of the containerized receptacles is found to be insufficient, the Department in its sole discretion may require additional containerized receptacles.
2. 
All containerized receptacles shall be provided by the institution at their own cost. They also should meet and conform to specifications determined by the Public Works Department to ensure that they are compatible with Township's loading system.
3. 
All containerized receptacles shall be located on private property within the dedicated area to be determined by the department in order that the containerized receptacle can be promptly, efficiently and safely emptied. The institutions shall not obstruct, block, or impede, whether partially or totally, access to said containerized receptacle. In the event that the containerized receptacle cannot be emptied in the sole discretion of the Department, collection service shall be refused, and any subsequent service shall be at the expense of the institution.
4. 
No solid waste shall be removed unless the same is placed inside the containerized receptacle.
5. 
In the event of a holiday where collection activities are suspended, institutional collection activities shall return on the next regular collection day without make-up collection.
b. 
Nonresidential Properties Including Commercial, Industrial, Professional and Not-for-Profit Properties.
1. 
Nonresidential property owners and their agents, lessees, tenants or other occupants who wish to have their solid waste disposed by the Township shall:
(a) 
Place all solid waste from their commercial or business property in accordance with the provisions of subsection 21-3.2, Residential Garbage Collection, provided that the maximum number of containers shall be three (3) ninety-five (95) gallon automated containers.
(b) 
Provide containerized receptacles which shall be located on private property in accordance with the regulation of the Department.
2. 
Containerized receptacles shall be required at the sole discretion of the Department when the volume or weight of the solid waste generated from a nonresidential property exceeds the limit of containers imposed by the Township. In the event that the number or size of the containerized receptacles is found to be insufficient, the Department in its sole discretion may require additional containerized receptacles
3. 
All containerized receptacles shall be purchased, procedure or provided by the property owner and his agents, lessees, tenants or other occupants at their own cost. All containerized receptacles shall meet and conform to specifications determined by the Department of Public Works.
4. 
All containerized receptacles shall be located on private property within a dedicated area determined by the Department in order that the containerized receptacle can be promptly, efficiently, and safely emptied. The property owner and his agents, lessees, tenants or other occupants shall cause no obstruction to block, partially block or impede the Department or its agent from access to the containerized receptacle. In the event that the containerized receptacle cannot be emptied in the sole discretion of the Department, collection service shall be refused, and any subsequent service shall be at the expense of the property owner and his agents, lessees, tenants or other occupants.
5. 
The Township has the right to deny containerized trash collection to any business in the event that the business has a private contractor collecting their recyclable items.
c. 
Agreement for Nonresidential Containerized Refuse Collection. All nonresidential property owners utilizing containerized receptacles shall execute a Neptune Township Agreement for Commercial Refuse Collection for a term of one (1) year and shall automatically renew under the present terms subject to the Department providing a letter addendum as to any future rate change.
d. 
Nonresidential Collection Fees. The Township Committee shall, by Resolution, set fees collection of nonresidential containerized receptacles by regulation. Fees not paid within thirty (30) days of assessment by the Department shall constitute a lien against the property which shall be collected via an action of law.
e. 
Governmental Properties (Federal, State, and/or County). No provisions are to be made in this chapter for solid waste disposal services to these agencies or facilities unless they are a subdivision of the Township of Neptune.
[Ord. No. 1441 § 11; Ord. No. 95-35 § XI; Ord. No. 98-7 § 2]
The following items are prohibited from being placed for collection:
a. 
Construction materials, including, but not limited to, dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard, sheetrock, etc. Over two (2) forty-two (42) gallon receptacles not over fifty (50) pounds in weight.
b. 
Bulk roof shingles.
c. 
Hot ashes, stone macadam and blacktop. Concrete, concrete block over the size of 2 x 2 x 2 may be brought to the Township yard. Earth and dirt, not to exceed one (1) forty-two (42) gallon container, may be brought to the Township yard.
d. 
Industrial waste, including, but not limited to, processed scrap materials, packing materials and certain hazardous and dangerous materials, such as acids, paints, fluorescent tubes, toxic materials and highly volatile or explosive matter, either in liquid, gaseous or solid form.
e. 
Bulk automotive parts, including, but not limited to, transmissions, engines, rear ends, wheels, mufflers and other bulk items normally produced in quantity by vehicular repair operations over twenty-five (25) pounds and car parts with oil.
f. 
Animal waste, droppings and feces unless double bagged.
g. 
Surgical dressings, syringes and disposable hospital-type waste items, also known as red bag waste.
h. 
New and used motor oils, petroleum based products, or antifreeze.
i. 
Hazardous waste classified pursuant to regulations issued by the New Jersey Department of Environmental Protection (NJDEP), adopted under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Toxic chemicals commonly known as "commercial hazardous waste" and "household hazardous waste."
j. 
Dead animals.
k. 
Grass clippings.
[Ord. No. 1441 § 12; Ord. No. 95-35 § XII]
a. 
Domestic or household bulky items, such as washing machines, dryers, dishwashers, stoves, household appliances, and other household furnishings, such as chairs, sofas, rugs, padding, etc., shall be placed at the curb for collection as specified by subsection 21-3.2b and in accordance with the published collection schedule of the Township of Neptune. No bulky item shall be of weight or be of a size greater than four (4) cubic yards such that it can not be handled by two (2) persons.
b. 
It shall be a violation of this chapter for any individual, association, partnership or corporation to leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, freezer or dishwasher or any other item of any kind which has an airtight door, with or without lock, without first removing said airtight door.
c. 
It shall be a violation of this chapter for any individual, association, partnership or corporation to conduct a repair or salvage operation and use the services of the Township for solid waste collection.
d. 
All Freon appliances, including, but not limited to, refrigerators, air conditioners, freezers and dehumidifiers, will be collected provided that twenty ($20.00) dollars is paid in advance and the pickup is scheduled at the Public Works Department.
e. 
The Public Works Department may permit additional bulky items to be placed, providing that special prior arrangements have been made with the department.
[Ord. No. 1441 § 13; Ord. No. 95-35 § XIII; Ord. No. 97-6 § 1]
A maximum of four (4) cubic yards of branches, bulky tree limbs and tree trunks may be placed at the curb prior to the scheduled collection day as specified in subsection 21-3.2b on the scheduled collection day in that zone.
[Ord. No. 1441 § 14; Ord. No. 95-35 § XIV; Ord. No. 97-6 § 2; Ord. No. 00-1 § 1; Ord. No. 13-34]
The Township will take leaves as follows:
a. 
Loose Leaf Pickup. Curbside leaf pickup season shall be from the third Monday of October to December 31. During this time, leaves may be placed in neat piles at the curb or pavement edge for collection, provided that the piles do not constitute a traffic hazard. In the Ocean Grove Historic District, residents are permitted and encouraged to place leaves in large plastic or paper bags at the curb. Private contractors hired by residents to collect leaves shall be permitted to place said leaves at the curbside of the residence from where the leaves are collected in conformance with any and all regulations of this section. Residents placing leaves for collection after said special leaf collection of the third Monday of October to December 31 shall be required to contain the leaves in reusable receptacles for their next regularly scheduled yard waste collection. During this period, it is permissible to place leaves with other yard waste in a reusable container.
b. 
Residential Leaf Drop-Off. Leaves may be brought to the Township yard twelve (12) months a year. All bags or containers must be emptied in the leaf pile and taken away by the resident.
[Ord. No. 08-14 § 1; Ord. No. 2014-33 § 1]
The Township of Neptune has provided each housing unit, located in the portion of the Township that receives automated trash and recycling collection, with an automated trash container and an automated recycling container. These containers are the property of the Township of Neptune and must remain with the issued address. Additional cans which are purchased at the discretion of the owner or occupant of the housing unit are the property of the purchaser. At the time of sale, at least one trash container and one recycling container must remain with the housing unit. This shall be verified by the Code Enforcement Department Certificate of Inspection process. The Township of Neptune will replace a stolen or damaged automated container provided that all provisions of this section concerning the storage and placement of trash and recycling containers have been followed.
[1]
Editor's Note: Former subsection 21-3.8, Grass Clippings, previously codified herein and containing portions of Ordinance Nos. 1441, 95-35, and 97-6 was repealed in its entirety by Ordinance No. 98-7.
[Ord. No. 1441 § 16; Ord. No. 95-35 § XVI]
Property owners of record shall be responsible for the placement of materials for collection as specified herein. The Township Committee shall be empowered to fix fees by regulation for the removal of materials not placed in accordance with the terms of this chapter which shall be the responsibility of the property owner of record. As an alternative to removal, the Township may, in its sole discretion, issue a warning. In the event the violation still exists for a period of twenty-four (24) hours after the warning is issued, a final warning is issued. If after twenty-four (24) hours, the violation is not abated, the parties will be issued a summons.
[Ord. No. 1441 § 17; Ord. No. 95-35 § XVII]
Property owners and their agents, lessees, tenants or other occupants who place materials not in accordance with this chapter shall hold harmless and indemnify for any or all losses the Township of Neptune, its employees and agents for all costs, direct and indirect, which are attributable, in the sole discretion of the Township, for materials which were placed for collection in violation of the terms of this chapter.
[Ord. No. 1441 § 18; Ord. No. 95-35 § XVIII]
A schedule of fees shall be established by the Township Committee for services provided under subsection 21-3.3, Other Garbage Collection. The approved fees may be charged for household containers and/or containerized receptacles, including but not limited to normal service, and re-collection if collection activities are unable to be performed due to violation of this chapter (see Fee schedule).
[Ord. No. 1441 § 19; Ord. No. 95-35 § XIX]
Fees not paid within thirty (30) days of assessment by the Department shall constitute a lien against the property which shall be collected via an action of law, and services shall cease until full restitution has occurred.
[Ord. No. 1441 § 20; Ord. No. 95-35 § XX; Ord. No. 09-41 § 1]
This chapter shall be enforced in Municipal Court upon a complaint signed by a member of the Monmouth County Solid Waste Enforcement Team, a designated representative of the Monmouth County Board of Health, the Municipal Recycling Coordinator, the Public Works Department, the Code Enforcement Department, or the Police Department of the Township of Neptune. Further, once a complaint has been signed and issued, the responsibility for disposal of solid waste shall lie with the violator, and/or shall be processed as a lien against the property in accordance with law.
[Ord. No. 1441 § 21; Ord. No. 95-35 § XXI]
The Public Works Department may issue regulations exempting from total or partial compliance those residential properties whose sole occupant or occupants are unable to meet the requirements of this chapter by reason of a physical disability.
[Ord. No. 1441 § 22; Ord. No. 95-35 § XXII]
The Public Works Department shall forthwith transmit all solid waste collected pursuant to this chapter to lawfully licensed facilities designated by the County of Monmouth in the Monmouth County Solid Waste Plan and/or the State of New Jersey. If permitted by said Solid Waste Plan and if said users and markets exist on a positive-cost-benefit-ratio basis to the municipality, then the Township may elect to dispose of said solid waste or a portion thereof in an alternative manner pursuant to statute and regulation.
[Ord. No. 1441 § 23; Ord. No. 95-35 § XXIII]
The Township of Neptune shall assume ownership of items or materials classified as recyclable upon collection by the Township or upon delivery to a municipal drop-off center specified herein.
[Ord. No. 1441 § 24; Ord. No. 95-35 § XXIV; Ord. No. 09-41 § 1]
The Township Committee shall appoint a Municipal Recycling Coordinator selected from Public Works personnel who shall be required to act as liaison with Monmouth County and New Jersey Solid Waste Officials, keep records, perform the annual Tonnage Grant application process, prepare reports as required by State or County agencies or the Municipal Governing Body regarding local solid waste and recycling programs, review performance of local schools and municipal agencies in conducting recycling activities, period review of local residential and business recycling practices and compliance.
[1]
Editor's Note: For additional regulations concerning recycling, refer to Section 12-2 Community Clean-Up; Littering.
[Ord. No. 1441 § 25; Ord. No. 95-35 § XXV; Ord. No. 98-7 § 4; Ord. No. 09-41 § 2]
a. 
Upon classification of an item or material, presently or prospectively a part of commingled solid waste flow, as recyclable, residential and other property owners, except for the United States Government and the State of New Jersey, shall cause themselves or their agents, lessees, tenants or their occupants to separate said item or materials separately for collection, whether said collection is performed by a municipal agency or private contractor.
b. 
On and after the date fixed in the regulations and in accordance with the terms thereof, it shall be mandatory for all persons who are owners, lessors, renters or occupants of residential dwellings and commercial, industrial and institutional properties in the Township of Neptune to separate recyclable materials from all other solid waste generated. Commercial, industrial and institutional properties that are not serviced by the Township shall be required to negotiate with their private hauler/contractor in accordance with the provisions of the Monmouth County District Recycling Plan.
c. 
All waste containers must be labeled as either "trash" or "recycling" containers wherever appropriate. All apartment and other multi-family complexes, schools, businesses and institutions shall provide separate and clearly marked containers for use of residents, students, employees, customers or other visitors, for trash and the types of recyclables as indicated in subsection 21-6.1d1 through 7.
d. 
At the present time, the waste materials to be recycled by New Jersey State mandate and designated as recyclable by the Township of Neptune are:
1. 
Aluminum cans.
2. 
Tine and bimetal cans.
3. 
Glass bottles and jars.
4. 
Plastic pourable containers (#1 and #2).
5. 
Newspapers.
6. 
Corrugated cardboard.
7. 
Mixed paper (including chipboard, office paper, stationery envelopes, magazines and colored sheets in newspapers).
8. 
Yard waste—branches, vegetative waste.
9. 
Leaves—(must be separate from yard waste).
10. 
Tree parts (stumps and limbs over 3" inches in diameter).
11. 
Concrete.
12. 
Asphalt.
13. 
Bulk ferrous and nonferrous scrap metal (any amount over 5 pounds in weight or bigger than one cubic foot).
14. 
Automotive batteries.
15. 
Used motor oil.
16. 
Computers, monitors and televisions (effective January 1, 2011).
NOTE: Additional recyclable materials shall be added in accordance with the time line of the New Jersey Source Separation and Recycling Act: S-1478/A-1781 and the Monmouth County District Recycling Plan, in order that the Township meet the volume requirements of said laws. The Public Works Department shall issue further regulations classifying recyclables and providing for the method and manner of collection. Said classification shall be dependent upon the existence of lawful disposal, users or markets for said recyclables.
[Ord. No. 1441 § 26; Ord. No. 95-35 § XXVI; Ord. No. 98-7 § 5; Ord. No. 09-41 § 2]
The Township of Neptune will operate a Municipal Drop-Off Center and be open to the public at hours prescribed in the Neptune Township Municipal Calendar disseminated by the Department of Public Works. Only residents with a valid Neptune Township Driver's License will be allowed to utilize the Municipal Drop-Off Center.
Small businesses operating in Neptune Township and in possession of a valid Neptune Township Mercantile License will be permitted to utilize the Drop-Off Center for commingled paper, cardboard, junk mail, telephone books, cans, bottles and electronics only.
a. 
The following items are accepted at the Municipal Drop-Off Center:
Aluminum cans.
Glass bottles and jars.
Newspaper — paper of the type commonly known as newsprint.
Pourable plastics — plastic containers, such as food, drink, and laundry.
Telephone books.
Cardboard — type used to make cardboard boxes, cartons, and Kraft paper.
Commingled — includes glass bottles, tin, and aluminum cans.
Mixed paper — magazines, junk mail, colored sections of the newspaper, colored cardboard (almost all paper products except newspaper and brown cardboard).
Yard waste — leaves and plant materials (must not be in plastic bags, no grass clippings).
Metal — all metal products except for refrigerators, air conditioners, dehumidifiers, products with Freon.
Brush and branches.
Bulk items — couches, chairs, furniture, rugs.
Demolition and construction material (maximum of two (2) forty-two (42) gallon containers.
Concrete — up to 2 x 2 x 2 piece (combined).
Electronics (computers, monitors and televisions).
Latex paint in non-leaking paint cans.
b. 
The following items will be accepted at the Drop-Off Center only if a ticket is purchased at the Department of Public Works Office, 2201 Heck Avenue, Monday through Friday from 7:30 a.m. to 2:30 p.m., at an amount established in the schedule of fees by the Township Committee:
Tires.
Freon products.
c. 
The following items are prohibited at the Drop-Off Center:
Demolition, construction materials and concrete in excess of amount permitted in subsection 21-6.2a.
Roof shingles.
Oil.
Household garbage.
Car batteries and car parts with oil.
Asphalt.
Asbestos shingles.
Oil paint cans.
Hazardous waste as defined in Section 21-1.
Prohibited materials that are required to be recycled but are prohibited at the Drop-Off Center can be disposed of at the Monmouth County Reclamation center, Shafto Road, Tinton Falls 732-922-8686 or call the Monmouth County Health Department at 732-922-4788.
[Ord. No. 09-41 § 2]
Materials classified as recyclable shall only be disposed of by:
a. 
Placing them for collection by the municipality pursuant to the terms of this chapter and regulations issued by the Public Works Department in accordance with the provisions set forth in the Neptune Township Municipal Calendar.
b. 
Disposing of, giving, donating or selling them or permitting them to be collected by any person, partner-ship or corporation, whether operating for profit or not, provided that the material shall:
1. 
Be recycled.
2. 
Be collected from a point other than the curbside in districts with municipal collection of recyclable items or materials or at a municipal drop-off center, except with the permission of the Township of Neptune.
3. 
Be reported to the municipality by both the generator and the receiver of the recyclable items or materials in accordance with regulations of the Public Works Department.
c. 
Recycling documentation in the form of weight slips or a signed business form letter shall be required from all those who market, collect, haul and/or generate recyclable materials, whether they be residential, commercial and/or institutional premises located within the boundaries of the Township of Neptune, as required by the Monmouth County District Recycling Plan. These records and reports shall be submitted to the Neptune Township Recycling Coordinator on a quarterly basis, specifically, not later than close of business January 1, April 1, July 1 and October 1 of a given year.
d. 
Used Tires. Depending upon the availability of markets or other disposal means for used tires, the Department may, at its discretion, provide for the disposal of used tires by the residents. The Township Committee shall be empowered to fix fees by regulation for the disposal of used tires; and the disposal method shall be established by regulation of the Department.
[Ord. No. 1441 § 28; Ord. No. 95-35 § XXVIII]
Each such collection in violation of this chapter and each day a violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
[Ord. No. 1441 § 28; Ord. No. 95-35 § XXVIIIb]
Any person, firm or corporation who violates or neglects to comply with any provision of this chapter or any rule, regulation or directive promulgated pursuant thereto shall be punishable, upon conviction thereof, by a fine not to exceed one thousand ($1,000.00) dollars or by up to ninety (90) days in jail, or both. If permitted by general law, a convicted person may be ordered to perform community service.
[Ord. No. 608 §§ 1-4; New]
a. 
Every person, firm or corporation desiring to use a dumpster container for garbage purposes may make application to the Township Clerk. There shall be paid to the Township a charge as established by resolution for each container owned and provided by the Township.
b. 
Payments shall be made in advance to the Public Works Department.
c. 
In the event of failure to pay such charge the Township, without notice, will discontinue the use of the containers.
d. 
The Township may maintain an action at law to recover any monies due for the use of such containers and the failure to pay such charges.
[Ord. No. 96-5 § 2]
The Township reserves the right to place waste receptacles in commercial and recreational areas in which Type 10 waste is generated by the purchase of merchandise or the consumption of food.
[Ord. No. 96-5 § 2]
It shall be prohibited for any person to use a Public Waste Receptacle for the disposal of any amount or type of trash more than what can be carried on one's person without the aid of a container, box or bag. It shall be prohibited for any individual or business to transport any amount or type of waste or recyclable material to any other location or public trash receptacle which would otherwise be collected during scheduled collection days for residential and/or other garbage collection. It is the intent of this section to prohibit the placement of household and/or business trash into public trash receptacles.
[Ord. No. 96-5 § 2]
Any violation of this section shall be subject to the provisions of Section 21-7, Violations and Penalties.
[Ord. No. 11-10]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Neptune and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 11-10]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Neptune or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 11-10]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Township of Neptune.
[Ord. No. 11-10]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. No. 11-10]
This section shall be enforced by the Township Police Department or Code Enforcement of the Township of Neptune.
[Ord. No. 11-10]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed in accordance with Chapter 1, Section 1-5 General Penalty of the General Code of the Township of Neptune.