[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 263, 314 and 372.
[Ord. No. 590 § 19-1]
COMMINGLEDShall mean all plastic and glass bottles; aluminum and steel cans.
PAPERShall mean magazines, catalogues, junk mail, used writing paper, newsprint, cardboard, office and school paper. No chipboard or pizza boxes.
The combination of commingles and paper listed above in one
(1) container. Do not include plastic bags, food waste, paper towels,
paper napkins, pizza boxes, egg cartons, aluminum foil, plastic cups
and utensils. No plastic other than bottles. No juice boxes or bags.
No garbage.
Shall mean those materials designated within the Ocean County
District Solid Waste Management Plan to be source separated for the
purposes of recycling.
(To be included in those instances where a recycling program
has been, or will be, established for these materials. Additionally,
the following definition may be changed to reflect individual municipal
program requirements) shall mean a computer central processing unit
and associated hardware including keyboards, modems, printers, scanners
and fax machines; a cathode ray tube, a cathode ray tube device, a
flat panel display or similar video display device with a screen that
is greater than four (4) inches measured diagonally and that contains
one or more circuit boards, including a television and cell phones.
Shall mean any building or structure, or complex of buildings
in which three (3) or more dwelling units are owner-occupied or rented
or leased, or offered for rental or lease, for residential purposes
(see N.J.S.A. 13:1E-99.13a) and shall include hotels, motels, or other
guest houses serving transient or seasonal guests as those terms are
defined under Subsection (j) of Section 3 of the "Hotel and Multiple
Dwelling Law," P.L. 1967, c. 76 (C.55: 13A-1 et seq.).
Shall mean the person or persons appointed by the municipal
Governing Body and who shall be authorized to, among other things,
enforce the provisions of this section, and any rules and regulations
which may be promulgated hereunder.
Shall mean all solid waste generated at residential, commercial,
and institutional establishments within the boundaries of the Borough
of Mantoloking.
Shall mean those materials which would otherwise become solid
waste, and which may be collected, separated, or processed and returned
to the economic mainstream in the form of raw materials or products.
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
Shall mean the process by which recyclable materials are
separated at the point of generation by the generator thereof from
solid waste for the purposes of recycling.
[Ord. No. 590 § 19-2]
a.
Mandatory Source Separation. It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include but not be limited to retail and other
commercial locations, as well as government, schools and other institutional
locations within the Borough of Mantoloking, to separate designated
recyclable materials from all solid waste. Designated recyclable materials
shall be deposited separate and apart from other solid waste generated
by the owners, tenants, or occupants of such premises in a manner
and on such days and times as may be hereinafter established by regulations
promulgated by the Borough of Mantoloking.
b.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the Governing Body
of the Borough may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source separate from
the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this section, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator
shall provide written documentation to the Municipal Recycling Coordinator
of the total number of tons collected and recycled for each designated
material.
[Ord. No. 590 § 19-3]
Recyclable materials shall be as designated under the Ocean
County District Solid Waste Management Plan for source separation
of recyclables. The manner of collection and the collection schedule
shall be in compliance with such rules and regulations as shall, by
resolution of the Governing Body, be promulgated from time-to-time,
with specific reference to this section or any amendments hereof.
[Ord. No. 590 § 19-4]
The owner of any property shall be responsible for compliance
with this section. For multifamily units, the management or owner
is responsible for setting up and maintaining the recycling system,
including collection of recyclable materials, in accordance with guidelines
or regulations established by the appropriate municipal office. Violations
and penalty notices will be directed to the owner or management, in
those instances where the violator is not easily identifiable. The
management shall issue notification and collection rules to new tenants
when they arrive and every six (6) months during their occupancy.
[Ord. No. 590 § 19-5]
a.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this section.
b.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoors litter
receptacles and disposal service for their contents shall also provide
receptacles for designated recyclable materials, for those materials
commonly deposited, in the location of the litter receptacle, and
shall provide for separate recycling service for their contents.
c.
Every business, institution, or industrial facility shall report
on an annual basis to the Recycling Coordinator, on such forms as
may be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
d.
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle 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. 590 § 19-6]
a.
Any application to the Planning Board of the Borough of Mantoloking,
for subdivision or site plan approval for the construction of multifamily
dwellings of three (3) or more units, single-family developments of
fifty (50) or more units or any commercial, institutional, or industrial
development for the utilization of one thousand (1,000) square feet
or more of land, must include a recycling plan. This plan must 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 Mantoloking, the owner of any new multifamily 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 recyclable materials, in those instances
where the municipality does not otherwise provide this service.
c.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
[Ord. No. 590 § 19-7]
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 load of solid waste contains designated recyclable materials.
b.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this article 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 those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
It shall be a violation of this section for any unauthorized person or organization to stop to inspect, collect, pick up or cause to be collected or picked up within the boundaries of the Borough any of the recyclable materials designated in Subsection 19-1.1 or any other solid waste or other material left at any curbside. Each act in violation of this section shall constitute a separate and distinct offense punishable as herein provided.
[Ord. No. 590 § 19-8]
The Borough Superintendent, the Department of Health, the Recycling
Coordinator, and the Ocean County Department of Health are hereby
individually and severally empowered to enforce the provisions of
this section. An inspection may consist of sorting through containers
and opening of solid waste bags to detect, by sound or sight, the
presence of any recyclable material.
[Ord. No. 590 § 19-9]
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this section or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than twenty-five ($25.00) dollars,
nor more than one hundred ($100.00) dollars. Each day for which a
violation of this section occurs shall be considered a separate offense.
Fines levied and collected pursuant to the provisions of this
section shall be immediately deposited into the Municipal Recycling
Trust Fund (or equivalent). Monies in the Municipal Recycling Trust
Fund shall be used for the expenses of the municipal recycling program.
[Ord. No. 590 § 19-10]
In the event that it is determined, by a Court of competent
jurisdiction, that any provision or section of this section is unconstitutional,
all other sections and provisions shall remain in effect. This section
shall take effect immediately, unless otherwise provided by Resolution
of the Governing Body.
[Ord. No. 505 § I]
The purpose of this section is to establish requirements for
the proper handling of yard waste in the Borough so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. No. 505 § II]
As used in this section:
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way which is an existing State, County or
municipal roadway, and shall include the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines.
[Ord. No. 505 § III;
amended 12-17-2019 by Ord. No. 701]
a.
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste
in the street, except as provided for herein.
b.
Each residential property is permitted three containers, bags or
bundles of yard waste or garbage per designated pick up day.
c.
Leaves and other yard waste shall be separated from dirt and solid
waste.
d.
Leaves and yard waste in excess of the three permitted containers
must be placed at the curb, unless leaves are stored or recycled for
composting or mulching by the resident or property owner. Yard waste
may be in a container, bagged, or tied in bundles and may include
clippings, grass, leaves, small branches and yard trash. Bundles must
be less than four feet in length and weigh less than 40 pounds.
e.
Yard waste that is placed in the street and is not containerized
or placed curbside as provided for herein must be removed by the party
responsible for its placement or that party shall be deemed in violation
of this section.
[Ord. No. 505 § IV]
The provisions of this section shall be enforced by the Police
Department of the Borough of Mantoloking.
[Ord. No. 505 § V]
Any person who is found to be in violation of the provisions
of this section shall be subject to a fine not less than twenty-five
($25.00) dollars or more than one hundred ($100.00) dollars.
