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:
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.
Shall consist of tree limbs and branches.
Shall consist of old furniture, junk, household articles
of an unwieldy nature, containers, and other bulk waste usually disposed
of by householders.
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.
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.
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.
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.
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.
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.
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.
Shall include metals, metal shavings, wire, tin cans, cinders,
earth and other materials but not the wastes resulting from building
construction or alteration work.
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.
Shall include newspapers, periodicals, cardboard and all
other wastepaper.
Shall include any individual, firm, trust, partnership, association,
corporation, company or organization of any kind.
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.
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.
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.
Shall include vines, hedge clippings and shrub clippings.
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.
[Ord. No. 2002-16 § II; Ord. No. 2004-13; Ord.
No. 2008-01; amended 4-20-2020 by Ord. No. 2020-21]
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 bulk items on any regular pickup day, 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.
[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:
Includes all disposable items made of aluminum, including
aluminum containers used for soda, beer and other beverages, screen
frames and lawn chairs.
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 bottles and jars only.
Includes white and/or off-white stationery, photocopy and
computer paper.
Includes newspapers and inserts. It excludes magazines and
TV guides that are not of newspaper quality.
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.
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.
a.
The Borough of Belmar will collect recyclable materials on Monday
of each week, except a holiday, then said materials should be held
and placed for pickup the following day. Each property within the
Borough of Belmar shall be provided recycling pickup of five thirty-two-gallon
containers of commingled materials, five bundles of newspaper at 30
pounds each, and five neatly tied bundles of cardboard at 30 pounds
each every Monday. 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 by the Borough from the agreement exceeds the Borough's costs
in collecting the materials.
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.
[Added 8-6-2019 by Ord. No. 2019-27]
As used in this section, the following terms shall have the
meanings hereinafter prescribed:
Includes the Borough of Belmar's employees, agents, officers,
officials, and supporting units as directed by the Office of Emergency
Management.
The Borough of Belmar.
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.
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.
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.
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.
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.
From the effective date of this section, fees payable under this section are, pursuant to Chapter 23 of the Code of the Borough of Belmar, incorporated herein by reference. Fees are subject to change by resolution of the governing body.
a.
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.
[Added 4-20-2020 by Ord.
No. 2020-23; amended 11-9-2021 by Ord. No. 2021-35]
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:
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.
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.
Any establishment which serves made-to-order food or beverages
for dine-in, takeout, or delivery.
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.
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.
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.
The sale of goods and products for use and/or consumption.
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.
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.
Single-use, plastic carry bags may be used by businesses or
stores to sell bait.
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.
