Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of 1975 Code §§ 69-1 — 69-11 and Ordinance Nos. 06-76, 014-87, 016-87 and 06-88.
[Ord. No. 10-2010]
As used in this section:
BATTERIES (LEAD ACID)
Shall mean used SLA (sealed lead acid) batteries generated from motor vehicles, aviation and marine equipment.
COMBUSTIBLE WASTE
Shall mean yard trimmings, rags, waste wood or cardboard and other combustible waste solids of a nonvolatile or nonexplosive nature.
ELECTRONIC WASTE
Shall mean a computer central processing unit and associated hardware including keyboards, modems, printers, scanners and fax machines, cathode ray tubes, cathode ray tube devices, flat panel displays or similar video display devices and contains one or more circuit boards. Also includes VCR's, radios and landline telephones.
GARBAGE
Shall mean animal and/or vegetable waste solids resulting from the handling, preparation, cooking and/or consumption of foods.
MOTOR OIL/KEROSENE/#2 HEATING OIL
Shall mean crank-case oil and similar oils, kerosene fuel and #2 home heating oil which are used to fuel heating equipment.
NONCOMBUSTIBLE WASTE
Shall mean all solid waste material which does not burn, including motor oil.
SOLID WASTE
Shall mean and include all garbage and rubbish normally produced by the occupants of commercial, industrial and residential property and disposed of by private or public pickup.
[1975 Code § 69-2; Ord. No. 06-76; Ord. No. 014-87; Ord. No. 016-87; Ord. No. 10-2010]
a. 
The owner, agent, lessee, tenant or occupant of every dwelling or other premises where refuse accumulates shall provide and keep on such premises sufficient and suitable receptacles, with tight-fitting covers, for receiving and holding refuse.
1. 
For the purpose of this section, "sufficient receptacles" shall mean at least one receptacle for each family unit or other occupant of premises and at least two such receptacles for each restaurant, market, store or similar business establishment where refuse shall accumulate.
2. 
For the purpose of this section, "suitable receptacles" shall mean a watertight, metal or plastic receptacle with a tight-fitting cover, so constructed as to prevent spilling or leakage of its contents. Each receptacle for use at a single residence shall have a capacity of not more than 45 gallons and be equipped with a pull handle or handles. Suitable receptacles shall include biodegradable plastic bags.
3. 
Receptacles for refuse from multi dwelling units or industrial premises may have a greater capacity than that prescribed in paragraph 2, above provided they are:
(a) 
Watertight.
(b) 
Constructed of metal or plastic.
(c) 
Equipped for handling by motorized equipment.
(d) 
Cleaned and sanitized as needed after emptying.
(e) 
Replaced by the same type of receptacle if removed for emptying.
b. 
Receptacles that are badly broken or otherwise fail to meet the requirements of this section may be classed as refuse and collected and disposed of as such by the person or agency responsible for the collection of refuse.
c. 
Receptacles of refuse shall not be set out for collection except during hours of the day or days scheduled for collection of refuse or not before 4:00 p.m. on the evening before. Receptacles shall be returned to storage area on the same day the refuse is collected.
d. 
Receptacles shall be conveniently located on premises for storage of refuse and maintained in such manner as to prevent creation of a nuisance or menace to public health. Receptacles shall not be stored on the public sidewalk or street, and the storage area shall be to the rear of the property.
[Ord. No. 10-2010]
a. 
Garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper and placed in a receptacle as described in subsection 17-1.2.
b. 
Noncombustible waste shall not be mixed with other refuse when prepared for disposal by incineration.
c. 
Combustible waste shall be stored and held in receptacles separate and apart from noncombustible waste when prepared for disposal by incineration.
d. 
Combustible or noncombustible waste of such a nature that it cannot be deposited in a receptacle shall be securely and properly tied into bundles or packages to prevent spilling or scattering. The bundles or packages shall be of a size and weight to permit ease of handling by one person.
e. 
Refuse prepared for collection should be packaged or otherwise assembled in quantities weighing not more than 50 pounds.
f. 
Newspapers shall be kept separate from and not mixed with regular garbage and refuse which is collected. Persons may wrap solid waste in used newspapers and discard same with regular solid waste.
g. 
Common nonrechargeable dry cell batteries, commonly labeled A, AA, AAA, C, D and 9-volt, may be disposed with regular municipal solid waste. Rechargeable dry cell and button batteries shall be separated and brought to retail outlets or other facility providing specific arrangements for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.
h. 
Designated recyclable materials shall be kept separate from and not mixed with regular solid waste and shall be collected or discarded in the manner as described in Section 17-2.
[Ord. No. 10-2010]
Collections for the owner, agent, lessee, tenant or occupant of any premises whereon a business or industry is conducted shall be made in the same manner as for regular persons and homeowners.
[Ord. No. 10-2010]
a. 
Refuse shall be disposed of only through use of sanitary landfills established, conducted, operated and maintained in accordance with standards established by the Department of Environmental Protection or through use of incinerators constructed, operated and maintained in accordance with standards established by the Department of Environmental Protection and code or regulation of the New Jersey Air Pollution Control Commission or Environmental Protection Agency or other methods of disposal as may be permitted by code or regulation of that Commission.
b. 
It shall be unlawful for the owner, tenant or other occupant of any premises to install, maintain or use on the premises any device which grinds, mashes, crushes, pulverizes, shreds or otherwise similarly treats garbage or refuse and permits the garbage or refuse to enter into the sanitary sewer system, which devices are commonly referred to as "garbage disposals" or "garbage grinders." In any case where garbage disposals or grinders are presently installed, the owner, tenant or other occupant of the premises may continue to use same, provided that there is no expansion in the use of same.
[Ord. No. 10-2010]
Vehicles used for the purpose of collecting refuse from receptacles as prescribed by the provisions of this section shall be loaded in such fashion that no part of the contents shall fall, leak or spill therefrom. Each such vehicle shall be adequately and tightly covered as may be directed by the Board of Health.
[Ord. No. 10-2010]
The Police Department shall enforce the provisions hereof.
[Ord. No. 10-2010]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 10-2010]
As used in this section:
ALUMINUM CANS
Shall mean empty all-aluminum beverage and food containers.
CLEAN MIXED PAPER
Shall mean high grade bond paper, mixed office and school papers, such as stationery, construction paper and writing tablets, including computer printouts, magazines, gift wrapping paper, soft cover books, junk mail and single layer cardboard (chipboard). Specifically excluded are carbon papers, hard cover books (unless cover and binder are removed), paper cups and plates, food wrappers or any other paper contaminated by direct contact with food products, and paper products used for personal hygiene, such as tissues.
COMMERCIAL ESTABLISHMENTS
Shall mean those businesses which constitute wholesale, retail or service establishments such as restaurants, stores, markets, theaters, hotels, warehouses and offices, excluding residences.
CORRUGATED CARDBOARD
Shall mean and include cardboard of the type used to make cardboard boxes, cartons, pasteboard and similar corrugated and craft paper material.
COMMINGLED SHALL
Mean a combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
Shall mean materials designated within the Monmouth County Solid Waste Plan to be source separated for the purpose of recycling.
DUAL STREAM RECYCLING
Shall mean a recycling process in which recyclable materials are sorted. (i.e. one container for bottles and cans, and another for recyclable paper products).
FERROUS CONTAINERS
Shall mean empty steel or tin food or beverage containers.
GLASS CONTAINERS
Shall mean transparent or translucent containers made from silica or sand, soda ash and limestone, used for the packaging of bottling of various products. Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.
HDPE CONTAINERS
Shall mean plastic containers made of high density polyethylene (e.g., milk and water bottles).
INSTITUTIONAL ESTABLISHMENTS
Shall mean those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and governmental offices.
MUNICIPAL RECYCLING COORDINATOR
Shall mean the person or persons appointed by the municipal governing body who shall be authorized to, among other things, enforce the provisions of the section, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
Shall mean all solid waste generated at residential, commercial and institutional establishments within the boundaries of the municipality of the Borough of Allentown.
NEWSPAPERS
Shall mean paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they have been exposed to substances or conditions rendering them unusable for recycling.
PERSON
Shall mean every owner, lessee and occupant of a residence, commercial or institutional establishment within the boundaries of the Borough.
PETE CONTAINERS
Shall mean plastic containers made of polyethylene teraphthalate (e.g., plastic soda bottles).
POURABLE PLASTIC CONTAINERS
Shall mean plastic bottles where the neck is smaller than the body of the container, and is limited to plastic resin type #1 PET and plastic resin type #2 HDPE. Specifically excluded are other resin types (#2 through #7) and non-bottle plastic containers such as margarine tubs and other consumer items and packages, such as film plastics, blister packaging, boxes, baskets, toys and other products.
PVC CONTAINERS
Shall mean plastic containers made of polyvinyl chloride (e.g., salad dressing and mouthwash bottles).
RECYCLABLE MATERIALS
Shall mean those materials which would otherwise become municipal solid waste, and which may be collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products.
RESIDENCE
Shall mean any single-family residential dwelling or multi-family residential unit. A multi-family residential unit shall mean any building or structure of one or more stories and any land appurtenant thereto, in which two or more units of dwelling space are occupied, or are intended to be occupied, by two or more persons who live independently of each other. This definition shall include apartments, townhouses, condominiums, cooperatives and retirement communities.
SOURCE SEPARATION
Shall mean the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purpose of recycling.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SINGLE STREAM RECYCLING
Shall mean a recycling process in which recyclable materials are mingled together with no sorting of commodities required.
TIN AND BIMETAL CANS
Shall mean all disposable cans made of tin, steel or a combination of metals including, but not limited to, containers commonly used for food products, such as paints and oils.
[Ord. No. 10-2010]
a. 
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, to separate designated recyclable materials from all solid waste.
Designated recyclable materials shall be deposited separate from other solid waste generated by the owners, tenants or occupants of such premises and shall be placed, in a rigid container(s) with a secure lid, at the curb in a manner (single stream or dual stream as designated by the Borough) and on such days and times as may be hereinafter established by regulations promulgated by the Borough.
No recyclables intended for municipal collection shall be placed in plastic bags.
Any multi-family complex, business or institution not provided recyclables collection service by municipal forces or through municipal contract shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables.
b. 
The designated mandatory recyclable materials for all residential, commercial and institutional waste generators are as follows:
1. 
Aluminum Cans;
2. 
Ferrous Containers;
3. 
Glass Containers;
4. 
HDPE and PETE Containers;
5. 
Newspapers;
6. 
Corrugated Cardboard;
7. 
Clean Mixed Paper;
8. 
Leaves;
9. 
Tree Parts (stumps and limbs over 3 inches in diameter);
10. 
Concrete;
11. 
Asphalt;
12. 
Bulk Ferrous and Nonferrous Scrap Metal (any amount over 5 pounds in weight or bigger than one cubic foot);
13. 
Automotive and Household Batteries;
14. 
Used Motor Oil.
c. 
Any multi-family complex, business or institution not provided recyclables collection service by municipal forces or through municipal contract shall provide the Borough with an annual report describing arrangements for both solid waste and recyclables collection services, including the size, number and location of storage containers, frequency of pickup service, the name and address of any contractor hired to provide such service, and contact information for the contractor.
d. 
Newspapers.
1. 
Newspapers shall be kept separate from and not mixed with regular garbage and refuse which is collected. Persons may wrap solid waste in used newspapers and discard same with regular solid waste.
2. 
Ownership of Newspapers; Police Offense. From the time of placement at the curb, by any resident, of used newspapers for collection pursuant to the program established by the Borough and the rules and regulations issued hereunder, such materials shall become and be the property of the Borough, and it shall be a violation of this section for any person other than persons authorized by the Borough Council or the resident to collect, pick up or cause to be collected or picked up such materials. Each such collection in violation hereof from one or more residences during the period shall constitute a separate and distinct offense.
e. 
All residents and businesses shall recycle used motor oil in accordance with existing State regulations (N.J.S.A. 14A3-11), and all service stations, oil retailers and motor vehicle re-inspection 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.
[1975 Code § 69-3; Ord. No. 026-84; Ord. No. 014-87; Ord. No. 10-2010]
f. 
The following bulky recyclables shall not be placed with trash for waste collection nor with other recyclable materials designated to be placed at the curb for pickup:
1. 
Concrete;
2. 
Asphalt;
3. 
Brick;
4. 
Block;
5. 
Tree Parts (stumps and limbs over 3 inches in diameter);
6. 
Metal Appliances;
7. 
Bulk Metal Items (larger than one cubic foot and/or heavier than five pounds).
It shall be the obligation of the generator to deliver or arrange for the delivery of such materials to the appropriate recycling facility
g. 
In accordance with the "New Jersey Electronic Waste Management Act, Computers, computer monitors and related electronics hardware, including analog or digital televisions, are prohibited from being placed with other solid waste for disposal and must be recycled at a designated electronic waste recycling facility.
h. 
No liquids of any type may be placed with recyclables. No chemicals, paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products may be placed with recyclables or solid waste for disposal ("hazardous waste exclusion").
i. 
Leaves shall be kept separate from other vegetative waste, and may only be placed for collection in the manner and schedule as shall be designated by the Borough of Allentown. Grass clippings may not be placed with other materials for solid waste or recyclable materials collection. This requirement shall not prohibit any person or establishment from making arrangements to collect leaves and grass directly from their property through their own efforts via contract with a landscape service or other appropriate company, for direct transportation to a permitted recycling facility.
j. 
Automotive and other vehicle or wet cell batteries, used motor oil and antifreeze shall not be disposed as solid waste. Such items are to be kept separate from other waste materials and recyclables, and brought to local service stations, scrap yards, or facilities designed and permitted to handle such products.
[Ord. No. 10-2010]
a. 
Pursuant to N.J.S.A. 13:IE-99.16(d), the governing body of a municipality 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.
b. 
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 affected commercial/institutional waste generator shall provide annual written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.
c. 
Failure of the exempted business or institution to comply with municipal approval or reporting requirements, or to show letter of exemption to enforcement officers or the Recycling Coordinator when requested, will expose the exempted waste generator to minimum base penalties of $3,000 for each violation, as per N.J.A.C. 7:26A-10.3.
[Ord. No. 10-2010]
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 shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Any company or agency providing dumpsters, roll-off or other containers to multi-family residential complexes with shared disposal/recycling areas, commercial, industrial or institutional generators of solid waste or construction/demolition job sites, shall be responsible for clearly marking such containers as used for the separate collection of solid waste or designated recyclable materials, as may be appropriate.
[1975 Code § 69-8; Ord. No. 014-87; Ord. No. 10-2010]
a. 
Recyclable material as defined herein shall be the property of the Borough once placed on the curbside or brought to a drop-off center.
b. 
It shall be a violation of this section for any person unauthorized by the Borough Council to pick up or cause to be picked up the recyclable material as defined herein. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided
[Ord. No. 10-2010]
a. 
The Recycling Coordinator shall be appointed by the Mayor, with the advice and consent of Council, for a term of one year, expiring December 31 of each year. The term of the person first appointed as Recycling Coordinator shall expire December 31 of the year of that person's appointment.
b. 
The Recycling Coordinator, subject to the approval of the Borough Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and marketing of the recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Borough.
c. 
The Recycling Coordinator shall have certification as a "Certified Recycling Professional (CRP)".
d. 
The Recycling Coordinator shall be responsible for providing annual or other reports as required by the State or County agencies regarding local solid waste and recycling programs. Additionally, the Recycling Coordinator shall be responsible for reviewing the performance of local schools and municipal agencies in conducting recycling activities, periodic review of local residential and business recycling practices and compliance, review and recommendation on local subdivision and site plan submittals and local construction and demolition projects for appropriate solid waste and recycling provision, reports to the Borough Council on the implementation and enforcement of the provisions of this section, and any other reports or responsibilities as may be requested by the Borough Council.
[1975 Code § 69-9; Ord. No. 014-87; Ord. No. 10-2010]
Anything herein to the contrary notwithstanding, any person, partnership or corporation who is owner, lessee or occupant of a residential or nonresidential property may donate or sell the recyclable material as defined herein to any person, partnership or corporation, whether or not operating for profit. The persons, partnership or corporation, however, shall not pick up the recyclable materials at curbside or at a municipal drop-off center and must report tonnage of each item recycled on a quarterly basis.
[Ord. No. 10-2010]
a. 
The owner of any property shall be responsible for compliance with this section. For apartment and other multi-family 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 and providing separate and clearly marked containers for designated recyclable materials.
b. 
The management or owner of such establishment not served by municipal forces or through a municipal contractor shall also provide an annual report describing arrangements for solid waste and recycling services, including the company name and contact information for such contracted services.
c. 
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 months during their occupancy.
[Ord. No. 10-2010]
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, industrial or institutional property owner or their designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, industrial or institutional properties which provide outdoor 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 or recycled material, by type, collected and recycled and the vendor or vendors providing the recycling service.
[Ord. No. 10-2010]
a. 
Any application to the planning board of the municipality of the Borough of Allentown, for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single- family developments of 50 or more units or any commercial, institutional or industrial development for the utilization of 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 amount of solid waste and recyclables generated at the proposed development site 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 (e.g., signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator.
b. 
Prior to issuance of a Certificate of Occupancy by the municipality of the Borough of Allentown, the owner of any new multi-family 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, outdoor or enclosed outdoor storage and pickup of solid waste, to be approved by the Municipal Engineer.
[Ord. No. 10-2010]
a. 
All apartment and other multi-family complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for use by residents, students, employees, customers or other visitors, for trash and the various types of recyclables, as appropriate.
b. 
Any company or agency providing dumpsters, roll off or other containers to any apartment or other multi-family complex with shared disposal and recycling areas, or to any business, school or other institution, or for any construction/demolition project, shall clearly mark such container for trash or for specific recyclables, as may be appropriate.
[Ord. No. 10-2010]
Any applicant for a construction or demolition permit for any property within the Borough of Allentown shall be required to provide a Debris Management Plan for handling solid wastes and recyclables generated during such activity, including the estimated number and types of containers to be used and the disposition of such materials. A refundable deposit of $500 shall be submitted with the Debris Management Plan, of which all $500 will be returned after completion of the project and submittal of receipts and other documentation demonstrating the proper disposal or recycling of all solid waste and recyclables.
[Ord. No. 10-2010]
a. 
All designated recyclables shall become the property of the Borough once placed at curbside.
b. 
It shall be a violation of this section for any unauthorized person to pick up or cause to be picked up, any recyclable materials as defined herein. Each such collection shall constitute a separate and distinct offense.
c. 
Any person may donate or sell self-generated recyclable materials to any person, partnership or corporation, whether or not operating for profit. The person, partnership or corporation shall not pick up recyclable materials at curbside.
[Ord. No. 10-2010]
a. 
The Borough Council, with the advice of the Recycling Coordinator, shall forthwith establish and promulgate regulations detailing the method, days and times for the collection of the recyclable materials designated in this section and such other matters as are required to implement this section. Such regulations shall take effect only upon the approval of the Borough Council by adoption of a Resolution implementing the same.
b. 
The Recycling Coordinator, Monmouth County Health Department Solid Waste Enforcement Team (SWET), Borough Clerk and the Borough Police Department are hereby individually and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, commercial, industrial or other institutions, and to enforce the provision of this section, by issuance of summonses and complaints.
[Ord. No. 10-2010]
Any person violating any of the provisions of this section shall be subject to a fine of not less than $250 nor more than $1,000 for each offense. Each and every day in which a violation of any of the provisions of this section exists shall constitute a separate offense.