[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:
Shall mean used SLA (sealed lead acid) batteries generated
from motor vehicles, aviation and marine equipment.
Shall mean yard trimmings, rags, waste wood or cardboard
and other combustible waste solids of a nonvolatile or nonexplosive
nature.
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.
Shall mean animal and/or vegetable waste solids resulting
from the handling, preparation, cooking and/or consumption of foods.
Shall mean crank-case oil and similar oils, kerosene fuel
and #2 home heating oil which are used to fuel heating equipment.
Shall mean all solid waste material which does not burn,
including motor oil.
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:
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.
[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; amended 6-11-2024 by Ord. No. 07-2024; 8-27-2024 by Ord. No. 12-2024]
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.
c.
All business establishments shall dispose of all garbage, rubbish,
refuse, and recyclables in accordance with the provisions of this
Chapter. It shall be unlawful for any business establishment to dispose
of any garbage, rubbish, refuse, or recyclables into any public receptacle(s)
maintained or operated by the Borough.
d.
All residential properties shall comply with the disposal/collection
procedures set forth in this Chapter. It shall be unlawful for the
owner, resident, lessee, tenant or occupant of any dwelling or other
residential property to dispose of any garbage, rubbish, refuse, or
recyclables into any public receptacle(s) maintained or operated by
the Borough.
[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]
[Ord. No. 10-2010]
As used in this section:
Shall mean empty all-aluminum beverage and food containers.
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.
Shall mean those businesses which constitute wholesale, retail
or service establishments such as restaurants, stores, markets, theaters,
hotels, warehouses and offices, excluding residences.
Shall mean and include cardboard of the type used to make
cardboard boxes, cartons, pasteboard and similar corrugated and craft
paper material.
Mean a combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Shall mean materials designated within the Monmouth County
Solid Waste Plan to be source separated for the purpose of 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).
Shall mean empty steel or tin food or beverage 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.
Shall mean plastic containers made of high density polyethylene
(e.g., milk and water bottles).
Shall mean those facilities that house or serve groups of
people, including but not limited to hospitals, schools, nursing homes,
libraries and governmental offices.
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.
Shall mean all solid waste generated at residential, commercial
and institutional establishments within the boundaries of the municipality
of the Borough of Allentown.
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.
Shall mean every owner, lessee and occupant of a residence,
commercial or institutional establishment within the boundaries of
the Borough.
Shall mean plastic containers made of polyethylene teraphthalate
(e.g., plastic soda bottles).
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.
Shall mean plastic containers made of polyvinyl chloride
(e.g., salad dressing and mouthwash bottles).
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.
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.
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.
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
Shall mean a recycling process in which recyclable materials
are mingled together with no sorting of commodities required.
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.
