The power to regulate the collection of garbage, ashes, refuse and waste is contained in N.J.S.A. 40:66-1. Prior ordinance history includes portions of 1966 Code, Chapter 10 and Ordinance Nos. 1991-1, 1991-17, 1992-12, 1992-20, 1993-30, 1993-55, 1994-22, 1996-30, 1997-3 and 1999-11.
[Ord. No. 2002-16 § II]
As used in this Chapter:
ASHES
Shall mean the residue from fires used for cooking foods and heating buildings, with the exception of the fuel residue from stream power plants. Ashes shall also include such floor sweepings as may accumulate in connection with the ordinary daily use of dwellings and stores.
BRUSH
Shall consist of tree limbs and branches.
BULK WASTE
Shall consist of old furniture, junk, household articles of an unwieldy nature, containers, and other bulk waste usually disposed of by householders.
COMBUSTIBLE RUBBISH
Shall include rags, old clothes, leather, rubber, carpets, wood, excelsior, sawdust, tree branches, yard trimmings, wood, furniture and other combustible solids not considered by the Borough to be of a highly volatile or explosive nature.
COMBUSTIBLE TRADE WASTE
Shall include paper, rags, leather, rubber, cartons, boxes free of wire and metal scraps, wood, excelsior, sawdust, garbage and other combustible solids, except manure, and not considered by the Borough to be of a highly volatile or explosive nature.
CONSTRUCTION AND DEMOLITION MATERIAL
Shall include asphalt, concrete, wood waste and any other such waste material as associated with the construction or demolition of any building, structure or any part thereof.
GARBAGE
Shall mean any animal or vegetable waste from any kitchen, market or store or other place, or any waste which, due to its animal or vegetable content, may decompose, cause odors, attract flies or other insects, or in any manner be a hazard to the public health.
INDUSTRIAL WASTE
Shall mean those materials and waste matters connected with industrial establishments within the Borough and including, but not limited to, processed scrap materials, non-recyclable packing materials and certain hazardous and dangerous materials such as acids, paints, fluorescent tubes, non-recyclable glass and toxic materials.
LIGHT METAL
Shall mean tin and sheet metals, used for shelving, cabinets, swing sets, storage sheds, lawn furniture and the like. It shall not include large parts from automobile engines and the like.
NONCOMBUSTIBLE RUBBISH
Shall include metals, metal shavings, tin cans, glass, crockery and other similar materials, but not the wastes resulting from building construction or alterations work. Except as otherwise set forth above, the definitions set forth in N.J.S.A. 13:1E:99.12 shall apply to this Chapter.
NONCOMBUSTIBLE TRADE WASTES
Shall include metals, metal shavings, wire, tin cans, cinders, earth and other materials but not the wastes resulting from building construction or alteration work.
NONRESIDENTIAL PROPERTY
Shall refer to all commercial establishments including properties that have a mix use of commercial and residential units. For collection purposes, a property containing mixed uses of multiple commercial and residential units, each unit residential/nonresidential will be considered separately.
PAPER
Shall include newspapers, periodicals, cardboard and all other wastepaper.
PERSON
Shall include any individual, firm, trust, partnership, association, corporation, company or organization of any kind.
REFUSE
Shall mean all other material not described in the definitions in this section, except that it shall not include white metal goods, automobiles or parts thereof, debris from construction or demolition of buildings, lumber, building materials, trees or tree waste.
SOLID WASTE
Shall include all garbage and refuse normally produced by the occupants of residential and nonresidential property and disposed of by private or public pickup and defined as "solid waste" by the New Jersey Solid Waste Management Act.
TRADE WASTE
Is considered to be all material resulting from the prosecution of any business, trade or industry conducted for profit and such shall be classified as combustible trade waste and noncombustible trade waste, as defined herein.
TRIMMINGS AND CLIPPINGS
Shall include vines, hedge clippings and shrub clippings.
WHITE GOODS
Shall consist of those appliances made of metal and which have a particular household use. Appliances shall include, but not be limited to, washing machines, dryers, ranges, freezers, sinks, cabinets, dishwashers, refrigerators, stoves and other bulk metal goods and any other like bulk metal.
[Ord. No. 2002-16 § II; Ord. No. 2008-01 § I]
Each residential unit shall receive two days per week curbside solid waste pickup of up to five trash cans as described in § 23-5 subject to the following:
a. 
All residential properties shall be provided municipal collection services for brush, leaves, recyclables, white goods, light metals and household furniture and bulk waste in accordance with this Chapter and according to the schedules developed and announced by the Department of Public Works.
b. 
Household Trash and Recyclables to be Separated. No household trash, garbage, rubbish, or waste shall be disposed of in any trash can containing any recyclable bottles, cans or plastic containers.
c. 
Disposal of Household Trash. All household trash, garbage, rubbish and waste shall be deposited in approved containers and placed at curbside not earlier than 6:00 p.m. on the night before collection day and no later than 6:00 a.m. on the day of collection. The containers shall be removed from the curb or place of collection by not later than 6:00 p.m. on the day of collection.
d. 
Disposal and Recyclables. All recyclable bottles, cans and plastic containers shall be deposited in approved containers and placed at curbside not earlier than 6:00 p.m. on the night before collection day and no later than 6:00 a.m. on the day of collection. The containers shall be removed from the curb or place of collection by not later than 6:00 p.m. on the day of collection.
[Ord. No. 2002-16 § II; Ord. No. 2003-04; Ord. No. 2018-03]
a. 
All residential properties shall be provided municipal collection services for brush, leaves, recyclables, white goods, light metals and household furniture and bulk waste in accordance with this Chapter and according to the schedules developed and announced by the Department of Public Works.
b. 
Contractors, subcontractors and the like are prohibited from placing any solid waste, brush, leaves, recyclables, household furniture, bulk waste, white goods, light metal or any other items for collection.
c. 
Emergency Pickup.
1. 
In the case of a property needing a pickup due to unforeseen circumstances, the owner may contact the Department of Public Works and request a special pickup.
2. 
The owner of said property will be assessed $250 for this pickup. This fee will include a pickup equivalent to one unit, five cans or one dumpster. Anything over and above to be collected on the pickup will be an additional $100 per unit.
3. 
Any pickup required due to violation of this Chapter or violation of any code enforcement ordinance will be charged an additional assessment as stated in Subsection c2.
[Ord. No. 2002-16 § II; Ord. No. 2004-13; Ord. No. 2008-01; amended 4-20-2020 by Ord. No. 2020-21; 5-28-2024 by Ord. No. 2024-09]
Contractors and subcontractors and the like are prohibited from placing any bulk items solid waste, brush, leaves, recyclables, household furniture, bulk waste, white goods, light metal or any other items for collection and must arrange for private cartage. The Borough will collect a maximum of three (3) bulk items on the second scheduled trash pickup day for said property, provided that the person desiring collection places the appropriate number of fee stickers on each bulk item as set forth in Schedule A of this section, as such schedule is set by resolution of the Borough Council. Fee stickers must be purchased from the Municipal Clerk. The Clerk shall charge $2 for each fee sticker.
FEE SCHEDULES
SCHEDULE A
The following schedule of the number of fee stickers required for each bulk item is based on one fee sticker per 25 pounds of weight. The weights of the items listed in this schedule are estimated weights formulated by the Department of Public Works. If any item not in this schedule is being placed for collection, the person placing the item should estimate the total weight to the item (in pounds) and divide that figure by 25 to arrive at the number of fee stickers required for that item. Any person unable to estimate the weight of an item may call the Department of Public Works for an estimate.
Item
Number of Stickers Required
Straight-back chair
1
Stuffed chair
2
Lamp
1
Sofa
4
Sofa bed
6
Mattress*
3
Box spring
2
Dresser
3
Refrigerator
15
Air conditioner
15
Freezer
15
Any unit containing chlorofluorocarbons
15
Washing machine
6
Dryer
4
Water heater
4
Kitchen cabinet
1
Stove
4
Door
2
Lawn mower
2
Bicycle
1
10' x 12' carpet
4
Note: Items weighing less than 25 pounds require one sticker, provided that items weighing less than 25 pounds may be combined and placed in a bag as long as the bag does not weigh more than 25 pounds. One sticker must then be placed on the outside of the bag.
*Note: Mattresses must be wrapped in plastic or placed in a plastic mattress bag.
[Ord. No. 2002-16 § II; amended 4-20-2020 by Ord. No. 2020-21]
The Borough will not make any collections on New Year's Day, Thanksgiving Day, and Christmas Day. In addition, whenever the Superintendent of Public Works declares an emergency, collections will not be made on the day of the emergency but will be made on the next regularly scheduled pickup.
[Ord. No. 2002-16 § II; Ord. No. 2003-07]
a. 
Solid Waste Collection. Nonresidential properties will be provided solid waste pickup two days per week of up to five trash cans as described in Subsection 23-5.1.
b. 
Greater Level of Service. Nonresidential properties which the Borough determines require a greater level of service than provided in Subsection a above, must contract with the approved private solid waste collection for each service.
Municipal buildings, firehouses, first aid squads, all elementary and secondary schools and charitable organizations as defined by N.J.S.A. 45:1A-20 in the Borough shall receive solid waste collection by the Borough or its agents on a schedule to be determined by the Department of Public Works. All other public buildings and nontaxpaying properties shall be considered nonresidential properties for the purposes of this Chapter.
The Borough will collect materials from public receptacles and public areas, including the boardwalk and the beach, but excluding public receptacles and areas in the Marine Basin, six days per week from September 16 through May 14 of the following year, and seven days per week from May 15 through September 15. Materials will be collected from public receptacles and areas in the Marine Basin six days per week from December 1 through March 31 of the following year, and seven days per week from April 1 through November 30.
[Ord. No. 2002-16; Ord. No. 2008-01; amended 4-20-2020 by Ord. No. 2020-21]
The following items will not be collected unless they are prepared as indicated.
Garbage shall be thoroughly and completely drained of all water, and placed in a receptacle as described in § 23-5.
a. 
No leaves, brush, branches or yard rakings shall be placed loose or in piles on the sidewalk, gutter or streets where the same may be dispersed by wind, forces of nature, passersby or traffic.
b. 
Grass and grass clippings will not be collected by Borough trucks.
c. 
From October 1 through December 31, leaves may be piled in an orderly fashion between the curb and the sidewalk for collection by Borough trucks and shall be placed at least 10 feet from any stormwater inlet, catch basin, pipe or similar stormwater collection facility.
d. 
Tree branches, hedge clippings, and disposable wood shall be cut to a maximum length of four feet prior to placement for collection.
e. 
Both the owner of the premises where any violation of this section occurs and any gardener for hire or in the employment of the owner shall be responsible for any violation of this section.
Nothing of a highly volatile or explosive nature, whether in liquid, gaseous or solid form, shall at any time be placed or set out for collection, either by itself or in connection with garbage, trash, waste, rubbish, ashes or other refuse material.
No place of business or residence shall deposit trash, garbage, rubbish, paper or trade waste in any public litter container placed upon the streets of the Borough for use by the public to prevent littering of streets.
Household furniture and bulk waste from residential properties will be accepted on dates and times to be determined by the Department of Public Works (picked up in accordance with Subsection 23-2.3). No furniture or bulk waste shall be accepted from nonresidential, including mixed-use, properties. Such household furniture or bulk waste shall not include articles weighing in excess of 100 pounds for each separate piece, nor shall such articles exceed a total of two cubic yards. No such items to be collected shall be placed on the curb before 6:00 p.m. of any day prior to the collection day. Residents must contact the Department of Public Works for a collection date.
White goods and light metal will only be accepted for collection on dates and times determined by the Department of Public Works. For all appliances which contain Freon, including but not limited to refrigerators, freezers, air conditioners, and dehumidifiers, there may be a processing charge, payable in advance of collection, to cover costs associated with the removal of the Freon. Such charge, if any, shall be established from time to time by resolution of the governing body.
The following items are prohibited from being placed for collection:
a. 
Construction ,material, dirt, earth, stone, blacktop, concrete, concrete block and macadam.
b. 
Industrial waste, including but not limited to processed scrap materials, packing materials and certain hazardous materials, such as acids, paints, fluorescent tubes, bulk amounts of glass, toxic materials and highly volatile or explosive matter, either in liquid, gaseous, or solid form.
c. 
Automotive parts, including but not limited to transmissions, engines, rear ends, wheels, tires, mufflers, and other items normally produced in the maintenance and repair of vehicular equipment.
d. 
Dead animals shall be disposed of as provided by the Borough of Belmar Department of Health.
e. 
Surgical dressings, syringes and disposable hospital-type items. These items are to be disposed of pursuant to law and regulation, including, but not limited to, the law and regulations of the Borough of Belmar Department of Health and the Monmouth County Department of Health.
f. 
New and used motor oil: in accordance with state regulations
g. 
Hazardous waste classified pursuant to regulations issued by the New Jersey Department of Environmental Protection, adopted under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Residents can arrange for hazardous waste disposal by contacting the Monmouth County Household Waste Facility.
h. 
Liquid waste.
[Ord. No. 2002-16 § II]
All of the materials placed for collection must be deposited in nonporous plastic or metal trash cans with handles. Each receptacle shall have a tight fitting cover so constructed to prevent spilling or leakage of contents, the infiltration of water, and to be vermin-proof and shall be disinfected on a regular basis. Each residential and nonresidential unit shall be entitled to use up to five 32 gallon/50 pound trash cans for each collection. No receptacle loaded for collection shall weigh more than 50 pounds.
[Ord. No. 2002-16 § II]
Sufficient facilities must be provided in, on and at nonresidential properties for the storage of solid waste produced or generated from the property. Dumpsters at apartment complexes or residential condominiums to be collected by the Borough shall not exceed two cubic yards in size. For premises utilizing dumpsters, all materials must be placed in plastic bags before being deposited in the dumpster. Dumpsters must be protected from the infiltration of water by an enclosure or a watertight lid, and must be vermin-proof. All dumpsters must be disinfected on a regular basis.
Dumpsters shall be purchased, procured or provided by the property owner and his agents, tenants or other occupants at their own cost. Dumpsters shall meet and conform to all health laws and the requirements of the Department of Public Works. Existing approved solid waste collection sites legally utilizing a dumpster may remain in place for private collection or public (provided the quantities of solid waste do not exceed the quantities for the property as authorized by this Chapter) collection. Any new or proposed relocated solid waste collection sites shall be submitted for authorization and approval to the Administrative Officer of the Planning Board for review and appropriate action. The Administrative Officer of the Planning Board shall, in addition to her usual distribution, submit a copy of this application to the Health Officer, Construction Official and Superintendent of Public Works for review, report and recommendation.
[Ord. No. 2002-16 § II]
Receptacles that are badly broken or otherwise fail to meet the requirements set forth herein need not be collected provided that written notice has been given to the responsible party by placing a notice, such as a sticker, on the defective receptacle. After 10 days' written notice has been given to the responsible party pertaining to defective or illegal waste containers, such containers may be collected as refuse by the Borough or its authorized agent(s).
[Ord. No. 2002-16 § II]
No person shall deposit any solid waste or other debris generated from their commercial or residential properties in any public litter container placed upon the streets of the Borough for use by the public to prevent littering of streets. The use of these public litter containers is limited to disposal of small refuse by pedestrians such as candy wrappers and the like. The use of these public litter containers for any other waste is prohibited.
[Ord. No. 2002-16 § II; Ord. No. 2005-09 § I]
No person shall deposit, dump or place any solid waste on any property situated in the Borough.
a. 
No person shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pool, lake, stream or other body of water in or adjacent to any tributary stream, storm sewer, or drain flowing into such water, any substance, matter or thing, liquid or solid, which will or may result in pollution of such waters.
[Ord. No. 2002-16 § II]
No owner, lessee, tenant or other occupant or user of any building, private dwelling, apartment house, restaurant, motel, store, school, public building or business of any kind shall permit any solid waste or other refuse not originally generated at said premises to be placed at said premises for collection. No person shall transport any solid waste or other refuse from its point of original generation to a premises within the Borough of Belmar for the purpose of disposal. No waste shall be placed for collection which was not generated from the premises of collection.
[Ord. No. 2002-16 § II]
Every solid waste collector shall conform to the provisions of this Chapter and all other applicable laws and regulations, including, but not limited to, the laws and regulations of the New Jersey Public Utilities Commission and the Monmouth County Solid Waste Management Plan governing the collection and disposal of solid waste. Only legally qualified collectors may be retained for service within the Borough of Belmar prior to services being provided to any premises in the Borough.
[Ord. No. 2002-16 § II]
Unless the context clearly indicates a different meaning, the following words or phrases when used in this Chapter shall have the following meaning:
a. 
PERSON – Shall mean an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
b. 
SOLID WASTE – Shall mean and include all garbage and refuse normally disposed of by private or public pickup and defined as "solid waste" by the New Jersey Solid Waste Management Act.
c. 
RETAIL FOOD ESTABLISHMENT – Shall mean any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public or nonprofit organization, institution or group preparing, storing or serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market; or any similar place in which food or drink is prepared for retail sale or service on the premises or elsewhere, and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge; except that agricultural markets, covered dish suppers or similar type of infrequent church or nonprofit type institution meal services shall meet the special provisions of N.J.A.C. 8:24-8; and further provided that any food and/or beverage vending machine shall meet the requirements of N.J.A.C. 8:24-14.
[Ord. No. 2002-16 § II]
Every retail food establishment will be provided with the pickup of solid waste two times per week as set forth in § 23-3, provided that this schedule does not result in the development of odors and the attraction of vermin. Every retail food establishment that cannot comply with the foregoing conditions as determined by the Borough or the establishment requests more frequent collection, shall have its own solid waste collected by a legally qualified solid waste collector. Collections shall occur at least two times per week, or at such other frequencies as to be determined by the Borough and in such a manner as to avoid or prevent a public health annoyance or nuisance including, but not limited to, the development of odors and the attraction of vermin, but in no event shall collection be less than twice a week.
[Ord. No. 2002-16 § II]
Except during the times permitted for collection as set forth in this Chapter, all trash, garbage, rubbish, waste, recyclable materials and trade waste, and all receptacles and containers therefor, whether empty or not, shall be stored or kept, as far as reasonably practicable, so that they are not visible from the streets or public rights-of-way and so that they do not otherwise constitute a nuisance to the occupants of any dwelling. In no event shall any trash, garbage, rubbish, waste, recyclable materials or trade waste, or any receptacles or containers therefor, be kept under or in close proximity to the windows or doors of any adjacent dwelling.
[Ord. No. 2002-16; amended 4-20-2020 by Ord. No. 2020-21]
a. 
All vehicles used in transporting ashes, garbage, trash, rubbish, waste and other refuse material through the streets of the Borough shall be furnished by the owner or operator; must have a good and tight body; and, when loaded, shall be securely covered with a type of cover approved by the Borough so as to prevent their contents from being scattered upon the streets.
b. 
No cart or other vehicle for carrying any offal, swill, garbage, or rubbish, or the contents of any privy vault, cesspool or other receptacle for filth, or having upon or in it any manure or other nauseous or offensive substances, shall unnecessarily stand or remain near any building, place of business or other premises inhabited or occupied by any person. No person using such cart shall take an unreasonable length of time in loading or unloading or in passing along any street or through any inhabited place or ground within the Borough. No such cart or vehicle, its appurtenances, or the driver or person in control thereof shall be or allowed to be in a needlessly filthy or offensive condition. When not in use, all such carts, vehicles and all implements used in connection therewith shall be stored and kept in some place where no needless offense shall be given to any of the inhabitants of the Borough.
c. 
Every private collector of solid waste, recyclables and waste materials and every collector authorized by the Borough to collect such items shall do so in vehicles approved for use by legally qualified waste haulers in accordance with N.J.A.C. 7:26-3.1 et seq. Said vehicles are to be kept clean and safe. No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so constructed, loaded and covered so as to prevent any solid waste load or contents from being blown or deposited upon any street, alley or other public or private place in the Borough.
[Ord. No. 2002-16; amended 4-20-2020 by Ord. No. 2020-21]
Every private collector of ashes, garbage and waste material shall conform to the provisions of this chapter and the regulations of the Public Works Department governing the collection and disposal of garbage, waste, trash, rubbish and refuse material. No collection shall be performed before 5:00 a.m. or after 10:00 p.m.
[Ord. No. 2002-16; Ord. No. 2003-04; amended 4-20-2020 by Ord. No. 2020-21]
The Borough hereby establishes a recycling program which 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.
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 or packaged for pickup, collection and recycling on each Monday of each week. If that day is a holiday, then the pickup will be on the next following day, not a holiday. They must be clean with no contamination of food, grease, oil or wet or dry residue.
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 or more residences, on any one or more days, shall constitute a separate and distinct offense punishable as hereinafter provided.
Used oil may be deposited at the facilities authorized for the collection thereof located at the Belmar Recycling Center. No one may dispose of used motor 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 or at the facility located at the Belmar Recycling Center. In order to document and facilitate the Borough's recycling program, authorized collection centers located within the Borough shall be required to supply to the Borough Clerk the total number of gallons of used oil recycled in the preceding year, upon application for renewal of their mercantile license as provided by Chapter 20 of the Borough ordinances.
a. 
It shall be mandatory for all owners, lessees, and occupants of residential property, occupants of business property, commercial, and industrial property, and all private and public institutions and buildings to separate newspapers, magazines, mail and junk mail, corrugated cardboard and/or high-grade paper, clear glass, amber glass, green glass, plastic (PET, PETE, HDPE only), tin, and aluminum from all other solid waste produced by the residence for collection and ultimate recycling. All corrugated cardboard shall be broken down, flattened, and secured in bundles weighing no more than 30 pounds.
b. 
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 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 Belmar Recycling Center.
c. 
It shall be mandatory for every owner, lessee, and occupant of every type of property to separate and arrange for recycling of grass, grass clippings, 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.
d. 
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.
As used in this section, the following terms shall have the meanings indicated:
ALUMINUM
Includes all disposable items made of aluminum, including aluminum containers used for soda, beer and other beverages, screen frames and lawn chairs.
CORRUGATED CARDBOARD
Includes cardboard of the type used to make cardboard boxes, cartons, pasteboard and similar corrugated and kraft paper material that contains no grease, oil, food or other dry/wet residue. This does not include pizza boxes.
GLASS
Glass bottles and jars only.
HIGH-GRADE PAPER
Includes white and/or off-white stationery, photocopy and computer paper.
NEWSPAPER
Includes newspapers and inserts. It excludes magazines and TV guides that are not of newspaper quality.
PLASTIC
All products labeled PET, PETE or HDPE, with a pourable neck smaller than the body of the container, that contains no grease, oil, food or other dry/wet residue.
SOLID WASTE
Includes all garbage and rubbish normally produced by the occupants of commercial, industrial and residential property and disposed of by private or public pickup.
a. 
The position of Recycling Coordinator is hereby created and established within the Borough.
b. 
The Recycling Coordinator shall be appointed within the guidelines of Department of Personnel rules. In addition to the Department of Personnel job description, he/she shall be responsible for the enforcement of trash codes in this section and shall be empowered to issue summonses for violations of those codes.
c. 
The Recycling Coordinator, subject to the approval of the Mayor and Borough Council, 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 recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Borough.
d. 
The Recycling Committee may meet on a monthly basis. It shall have oversight capabilities and will report at least quarterly to the Mayor and Borough Council on the effectiveness of the recycling program. The committee will also advise and assist the Recycling Coordinator in effectuating the recycling program.
[Amended 7-23-2024 by Ord. No. 2024-15]
a. 
The Borough of Belmar will collect recyclable materials according to the schedules developed and announced by the Department of Public Works. Each property within the Borough of Belmar shall be provided recycling pickup of five (5) thirty-two (32) gallon containers of commingled materials, (50) pounds limit. Any premises owner, lessee, or occupant may deliver recyclable material as designated by the Borough Council by resolution to the recycling center. The Borough shall sell all recyclable material for which a market exists pursuant to N.J.S.A. 40A:11-1, et seq. The Borough Council may elect to enter into agreements with qualified persons or corporations authorizing them to collect recyclable materials in the Borough and to sell the materials provided the amount of money realized.
b. 
Greater level of service. Properties which the Borough determines require a greater level of service than provided in Subsection a above must contract with the approved private solid waste collection for each service.
Recyclable material, as defined herein, shall be the property of the Borough of Belmar once placed on the curbside 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 the 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 copy of the yearly tonnage report must be submitted to the Municipal Recycling Coordinator no later than February 28 of the following year.
Any person, firm or corporation who violates or neglects to comply with any provision of this section or any rule or regulation promulgated pursuant thereto shall be punishable, upon conviction thereof, by a fine not to exceed $500 or up to 90 days in jail, or both, except that the maximum fine or penalty for the failure to comply with Subsection 23-7.6a and b thereof, or any rule or regulation promulgated pursuant thereto, shall not exceed $50. As an alternate penalty, a convicted person may be ordered to perform community service in the recycling program for a period not to exceed 90 days.
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
As used in this section, the following terms shall have the meanings hereinafter prescribed:
BOROUGH
Includes the Borough of Belmar's employees, agents, officers, officials, and supporting units as directed by the Office of Emergency Management.
COLLECTING AGENCY
The Borough of Belmar.
DISCHARGE
Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substances into any waters which flow within the jurisdiction of this Borough or any land within the jurisdiction of this Borough.
EXPENDABLE ITEMS
Any items used to extinguish or prevent any hazardous material fire, or stop or contain any leak, release, or spill involving any hazardous material, which cannot be reused or cannot be replenished without cost after that particular incident. These expendable items include, but are not limited to, firefighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, and any protecting equipment and clothing to include, but not be restricted to, chemical protective suits, chemical protective gloves, goggles, and any other item owned or controlled by the Borough of Belmar or Belmar Fire Department.
HAZARDOUS MATERIALS
Any material, solid, liquid or gas, listed as such under the NFPA Guide Book, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), pursuant to Section 311 of the Federal Water Pollution Control Amendment of 1972, as amended by the Clean Water Act of 1977, and the list of toxic pollutants designated by Congress or the EPA, pursuant to Section 307 of the Federal Water Pollution Control Act, any hospital or medical waste, including, but not limited to, syringes, bandages, and discarded pharmaceutical products, and any material warranting removal or cleanup in the opinion of the Belmar Office of Emergency Management.
VEHICLE
Any motorized equipment, registered or unregistered, including, but not limited to, a passenger car, motorcycle, truck, tractor trailer, construction equipment, farm machinery, watercraft, aircraft and trains.
VESSEL
Any container, drum, box cylinder, or tank used to hold, contain, carry, or store any hazardous materials, whether or not said container was manufactured for the containment of hazardous materials.
a. 
This section provides for the reimbursement of any and all equipment utilized by the Borough of Belmar, for costs expended, without regard to ownership, for the purposes of mitigating, controlling or containing any incident in which a hazardous material is involved in a fire, leak, release or spill, or where the potential thereof exists, or for the prevention of same.
b. 
This section also provides for the reimbursement for the expenses incurred by the Borough for the wages (regular and overtime) paid to its employees, agents, or servants as a result of an incident involving a hazardous material, fire, leak, release, or spill of a hazardous material and for the costs incurred by agents, servants and employees of the Borough.
c. 
This section also provides for a penalty for the violation of this section for either committing a spill or for failure to report same.
a. 
The discharge of hazardous substances is prohibited. This section shall not apply to discharge of hazardous substances pursuant to and in compliance with the conditions of a federal or state permit.
b. 
Any person who may be subject to liability for a discharge or become aware of a discharge which occurred prior to or after the effective dates of this section shall immediately notify the Borough of Belmar Police Department or the Borough Clerk.
c. 
Whenever any hazardous substance is discharged, the Borough may in its discretion act to remove or arrange for the removal of such discharge.
d. 
Any person who has discharged a hazardous substance or who has failed to report a discharge or who is in any way responsible for any hazardous substance which has been or shall be removed by the Borough shall be strictly liable jointly and severally, without regard to fault, for all cleanup and removal costs and shall be liable for the wages (regular and overtime) paid and the costs of medical and hospital treatment for injuries incurred by the agents, servants and employees of the Borough.
Reimbursement to the Borough for expendable items used shall be made by the owner or operator of the vehicle responsible for the hazardous material fire, leak, or spill of hazardous material; by the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence; by the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and by the person responsible for the hazardous material fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
Any person causing any hazardous material fire, leak, spill or release involving a hazardous material must provide for services rendered by any recovery company, towing company or any other technical assistance called for by the Borough to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle shall be impounded until such time as it has been deemed safe to proceed by the responsible official in conjunction and in cooperation with the Borough of Belmar, and until such time as arrangements have been made to reimburse the Borough and the towing company for their expenditures under the terms of this section.
The person or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the Borough the full price of expendable items and costs used to extinguish such fire, or to stop or contain such leak, or to control such spill, within 45 days after the receipt of a bill therefore. The collecting agency shall utilize its best efforts to collect costs hereunder and shall reimburse its agents or the local units of amounts collected. In the event that the collecting agency is not able to collect said costs or only a portion thereof, the collecting agency shall not be responsible to its agents or the local units for the full amount of same.
a. 
The following schedule of fees shall be charged from and after the effective date of this section:
1. 
Personnel:
(a) 
Police rate: Standard overtime rate per hour paid to the Borough of Belmar.
(b) 
DPW: Standard overtime rate per hour paid to the Borough of Belmar.
(c) 
Administrative Personnel: $25 per hour paid to the Borough of Belmar.
2. 
The responsible party shall reimburse the Borough for the value of all expendable materials. Any material not included in § 10-3 shall be reimbursed at cost.
b. 
The following schedule of fees shall be charged from and after the effective date of this section and are to be paid to the Borough of Belmar.
1. 
Speedy Dry: $30 per bag.
2. 
Sorbital: $40 per bag.
3. 
Peat sorb: $60 per bag.
4. 
Lime: $15 per bag.
5. 
Bales of oil absorbent pads: $100 each.
6. 
Bales of booms: $150 each.
7. 
Large booms: $175 each.
8. 
Large water booms: $200 each.
9. 
Pillows: $90 each.
10. 
Over pack drums: $350 each.
11. 
Salvage drums: $150 each.
12. 
Tyvek suit: $20 each.
13. 
Encapsulated suit: $1,495 each.
14. 
Gloves (latex): $5 each.
15. 
Gloves (fire): $15 each.
16. 
Gloves (rubber): $8 each.
17. 
Duct tape (roll): $3 each.
18. 
Barrier tape (roll): $25 each.
19. 
Rope (roll): $40 each.
20. 
Sand (ton): $25 each.
21. 
Dump truck: $85 per hour.
22. 
Loader: $150 per hour.
23. 
Backhoe: $150 per hour.
24. 
Sweeper: $125 per hour.
25. 
Refuse packer: $125 per hour.
26. 
Dumpster: Market rate plus dumping fee. A dumpster permit issued by the Code Enforcement Office is also required.
27. 
Disposal: To be reimbursed at cost.
28. 
Light tower: $175 plus $10 per hour.
29. 
Mobile command center: $100 per hour.
30. 
Police vehicle: $20 per hour.
The intent of this section is to adopt regulations relating to and limiting the use of plastic bags, polystyrene foam containers and plastic straws by businesses in the Borough of Belmar. The regulations are intended as necessary and proper steps by the Borough to address a significant global problem relating to the sale and use of plastic bags, polystyrene foam containers and plastic straws, ultimately, to protect the environment, wildlife, and the public health, welfare, and safety. The regulations are further designed to incentivize the use of reusable bags at business.
The following words, phrases and terms, as used in this section, are hereby defined for the purpose thereof as follows:
BAIT
Any live or previously live and now frozen substance used to attract and catch fish or crabs on the end of a fishing hook or inside a bait trap.
BUSINESS or STORE
For the purpose of this § 23-11, any retail establishment that engages in the retail sale of goods and products. The definition includes, but is not limited to, pharmacies, supermarkets, grocery stores, convenience stores, clothing stores, surf shops, dry cleaners, food marts and food service establishments.
FOOD SERVICE ESTABLISHMENT
Any establishment which serves made-to-order food or beverages for dine-in, takeout, or delivery.
GARMENT BAG
A large, zippered bag incorporating a hanger on which garments may be hung to prevent wrinkling during travel or storage and used to protect and transport clothing or other textiles.
GOODS AND PRODUCTS
Things and items that are prepared and made to be sold, including, but not limited to, clothing, groceries, prepared food, foodstuffs, meat, dairy, beverages, merchandise, books, jewelry, alcohol, tobacco products, toys, and any and all other things and items sold at retail by businesses and stores.
PRODUCE BAG or PRODUCT BAG
Any bag without handles that is used exclusively to segregate produce, meats, other food items, and merchandise to the point of sale inside a store or to prevent such items from coming into direct contact with other purchased items, where such contact could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled bag.
RETAIL
The sale of goods and products for use and/or consumption.
REUSABLE BAG
A bag that is designed and manufactured to withstand repeated uses over a period of time, is machine washable or made from a material that can be cleaned and disinfected regularly, is at least 2.25 mils thick if made from plastic, has a minimum lifetime of 75 uses and is capable of carrying a minimum of 18 pounds.
SINGLE-USE PLASTIC CARRYOUT BAG
A bag, sheet, or receptacle produced or manufactured from material commonly known as "plastic" or "polyethylene" provided at the checkout stand, cash register, point of sale, or other point of departure for the purpose of transporting goods or products out of the establishment. The term "single-use plastic carryout bag" does not include reusable bags, produce bags, or garment bags.
a. 
No business or store shall provide any single-use, plastic carryout bags to a customer at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting products or goods out of the business or store, except as otherwise provided in this chapter.
b. 
No business or store shall provide polystyrene foam containers and/or plastic straws to a customer at the checkout stand, cash register, point of sale, or other point of sale, or other point of departure for the purpose of transporting or enjoying products or goods out of or in the business or store, except as otherwise provided in this section, or unless, as to plastic straws, requested by a customer.
Each person violating any of the provisions of this section shall, upon conviction thereof, be liable for the penalty as provided by law and as authorized in the Revised General Ordinances of the Borough of Belmar.