[1974 Code § 72-1; Ord. No. 86-20; Ord. No. 91-36]
As used in this section:
ASHES
Shall mean only all residue from coal or wood burning, and shall not include any garbage, refuse or other waste.
DEAD ANIMAL
Shall mean the entire carcass of the animal, such as but not limited to a dog, a cat, a rat, a skunk or an opossum, but shall not include any portion of the body of any animal, fowl or fish normally removed and discarded in the preparation of such animal, fowl or fish for human consumption.
GARBAGE
Shall mean all animal or vegetable waste which, due to its animal or vegetable content, may decompose, cause odor or attract flies or other insects.
REFUSE
Shall mean all other material not described in the definitions of this section as "garbage" or "ashes."
SOLID WASTE
Shall mean all garbage, refuse and other discarded materials resulting from industrial, commercial and agricultural operations and from domestic and community activities, and shall include all other waste materials, including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.
[1974 Code § 72-2; Ord. No. 86-20; Ord. No. 86-22; Ord. No. 91-36; Ord. No. 01-40-OAB; amended 4-17-2023 by Ord. No. 23-14-OAB]
a. 
Containers for garbage shall be made of galvanized iron or plastic. They shall be equipped with a proper fitting cover and be watertight. Containers shall have a capacity not in excess of 32 gallons and, when filled, shall not exceed 50 pounds in weight. Drums of any type shall not be used for garbage, even if fitted with lids and handles.
b. 
Solid waste collection shall be limited to curbside collection along public streets or roads that have been dedicated to and accepted by the Township. The Township Sanitation Department shall not enter upon private property to remove solid waste from dumpsters or other containers.
c. 
The Mayor is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of solid waste as are required to implement this section.
d. 
An automated refuse container can be obtained from the Department of Public Works. A second automated refuse container may be purchased at the following rate: $65 for a large container and $55 for a small container.
[1974 Code § 72-3; Ord. No. 86-20]
Plastic bags for garbage may be used, provided that such bags are securely fastened at the top and fit containers as defined in subsection 20-1.2. Plastic bags for other than garbage use shall be securely fastened at the top, shall not weigh more than 50 pounds and shall not contain broken glass or sharp objects, unless such objects are wrapped in such a manner as to prevent piercing the plastic.
[1974 Code § 72-4; Ord. No. 86-20]
Ashes shall be placed in metal containers only.
[1974 § 72-5; Ord. No. 86-20]
Rags, cloth or other combustible material not placed in a garbage container of a type described in subsection 20-1.2 or 20-1.3 hereof shall be packaged or wrapped and tied securely to prevent scattering and to facilitate handling. Rags, cloth or other combustible material shall be protected against wetness to keep weight at a minimum.
[Added 5-29-2022 by Ord. No. 22-09-OAB]
Mattresses shall be collected on scheduled bulk days and/or when scheduled after a request is called in to the Division of Sanitation. The mattresses shall not be placed at the curb earlier than the night before the pickup is scheduled to be made. Mattresses shall be in an appropriate mattress bag, and/or wrapped in plastic so as to protect the handler from direct contact with the mattress.
[1]
Editor's Note: Former subsection 20-1.6, Construction Materials, previously codified herein and containing portions of 1974 Code § 72-6 and Ord. No. 86-20, was deleted in its entirety by Ordinance No. 09-20-OAB. See Section 20-4, Construction, Renovation and Demolition Debris.
[1974 § 72-7; Ord. No. 86-20]
Hedge or shrubbery clippings, tree clippings, tree trimmings and garden refuse will be accepted if securely tied in bundles not exceeding 48 inches in length and 24 inches in diameter. Leaves, grass cuttings and weeds will be accepted for collection if placed in plastic bags of the type hereinabove mentioned or in securely tied burlap bags, if protected from wetness.
[1974 § 72-8; Ord. No. 86-20; Ord. No. 92-49; Ord. No. 02-10-OAB§ 1]
a. 
Household appliances (refrigerators, washers, ranges, dishwashers, water heaters, sinks and televisions) shall be collected when scheduled after a request is called in to the Division of Sanitation. The appliances shall not be placed at the curb earlier than the night before the pickup is scheduled to be made. Appliances that weigh over 250 pounds will not be picked up.
[1974 § 72-9; Ord. No. 86-20; Ord. No. 96-14]
No person shall place with any garbage, ashes, refuse or other material placed for collection with the Division of Sanitation any dead animal or human excrement, except that soiled disposable diapers and animal excrement may be collected when placed in a container of types mentioned in subsection 20-1.2 and 20-1.3 hereof.
[1974 § 72-10; Ord. No. 86-20]
No person shall throw or otherwise place any garbage, refuse, ashes or other materials of the types described in subsections 20-1.4 through 20-1.9 into or upon any street, road or other public or private place.
[1974 § 72-11; Ord. No. 86-20]
No person shall place on the curb, as herein elsewhere required, or anywhere else for collection any explosive or flammable materials, such as but not limited to benzine, gasoline, petroleum, explosive powder, nitrocellulose film or unbroken fluorescent tubes or discarded cathode ray tubes.
[Ord. No. 08-34-OAB § 1; Ord. No. 2012-11-OAB]
No person shall place at the curb or anywhere else the contents of a residential dwelling for collection at the time of an entire cleanout of the dwelling unless and until a fee of $250 is paid to the Township of Berkeley and arrangements are made with the Department of Public Works for such collection. The quantity of solid waste disposed of will guide the Public Works Superintendent in his or her determination.
[1974 Code § 72-12; Ord. No. 86-20; Ord. No. 91-36]
a. 
No solid waste shall be collected from any multifamily use, manufacturing, commercial, office or other business establishment.
b. 
For purpose of this section, a "multifamily use" shall be any use consisting of four or more residential units located on a single lot or a combination of two or more contiguous lots in common ownership.
[1974 Code § 72-13; Ord. No. 86-20; Ord. No. 91-36; Ord. No. 96-38 § 1]
All solid waste set or placed for collection shall be placed as near as possible on or along the curbline of the nearest street or road that has been dedicated to and accepted by the municipality in such manner so that they will not become overturned and shall not be set or placed or permitted to be located in any gutter, road or on any walk, sidewalk or public thoroughfare so as to interfere with public travel. All solid waste shall be placed at the curb not earlier than 4:00 p.m. on the day preceding a scheduled pickup. All solid waste containers shall be removed from curbside the same day as the scheduled pickup.
[1974 Code § 72-14; Ord. No. 86-20]
No refuse, grass clippings, hedges, hedge clippings, shrubbery clippings, tree branches, tree cuttings or other similar materials shall be placed, pushed, raked or swept in or onto any public walk, sidewalk, gutter, road, roadway or public thoroughfare. Such shall be in containers, tied, packaged or bundled for collection, and set or placed for collection as specified in subsection 20-1.7 of this section or placed in containers of the types described in subsection 20-1.2 and 20-1.3.
[1974 Code § 72-15; Ord. No. 86-20]
Hazardous waste, as defined under any New Jersey Statute or any rules or regulations promulgated by any agency of the State of New Jersey, in any form or in any container shall not be collected. These wastes must be handled under the direction of the Department of Environmental Protection and in accordance with its rules and regulations and State and Federal laws.
[1974 Code § 72-16; Ord. No. 86-20; Ord. No. 88-43; Ord. No. 97-7 § 2; Ord. No. 02-62-OAB § 1]
a. 
Any person, partnership, corporation or other entity who violates any provision of this section other than subsection 20-1.10, shall be subject to one or more of the following penalties: no more than $1,000 or imprisonment in the Ocean County Jail not exceeding 90 days or a period of community service not exceeding 90 days.
b. 
(Reserved)
c. 
Notwithstanding the provisions of paragraphs a and b of this section, the Berkeley Township Law Department is authorized to take all necessary legal action, including the filing of a law suit, against any person convicted of violations of any provision of subsection 20-1.10 to recoup any costs incurred by the Township of Berkeley as a result of the violations.
[Ord. No. 09-19-OAB]
DESIGNATED RECYCLABLE MATERIALS
Shall mean those materials designated within the Ocean County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
DUAL STREAM
Shall mean:
a. 
COMMINGLEDAll plastic bottles; aluminum and steel cans.
b. 
PAPERMagazines, catalogues, junk mail, used writing paper, newsprint, cardboard, office and school paper. No chipboard or pizza boxes.
ELECTRONIC WASTE
Shall mean a computer central processing unit and associated hardware including keyboards, modems, printers scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
MULTIFAMILY DWELLING
Shall mean any building or structure, or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a) and shall include hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (C.55: 13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
Shall mean the person or persons appointed by the municipal Governing Body and who shall be authorized to, among other things, enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
Shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township of Berkeley.
RECYCLABLE MATERIAL
Shall mean those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
SINGLE STREAM
Shall mean the combination of commingled and paper listed above in one container. Do not include plastic bags, food waste, paper towels, paper napkins, pizza boxes, egg cartons, aluminum foil, plastic cups and utensils. No plastic other than bottles. No juice boxes or bags. No garbage.
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 purposes 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.
[Ord. No. 09-19-OAB]
a. 
Mandatory Source Separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Township of Berkeley, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Township of Berkeley.
b. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the Governing Body of the Township may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the section which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this section, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the municipal recycling coordinator of the total number of tons collected and recycled for each designated material.
[Ord. No. 09-19-OAB]
The collection of recyclable material shall be in the manner prescribed as follows:
a. 
All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above anytime after 5:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.
b. 
All receptacles or dumpsters shall be maintained and shall be kept clean and in a safe manner.
[Ord. No. 09-19-OAB]
The owner of any property shall be responsible for compliance with this section. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Ord. No. 09-19-OAB]
a. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.
b. 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide 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 Utter receptacle, and shall provide for separate recycling service for their contents.
c. 
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
d. 
All food service establishments, as denned in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any Code Enforcement Officer.
[Ord. No. 09-19-OAB]
a. 
Any application to the planning board of the Township of Berkeley, for subdivision or site plan approval for the construction of multi-family 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 amounts of solid waste and recyclables generated at the proposed development; and
2. 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator.
b. 
Prior to the issuance of a certificate of occupancy by the Township of Berkeley, 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, or enclosed outdoor, storage and pickup of solid waste, to be approved by the municipal engineer.
[Ord. No. 09-19-OAB]
a. 
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
b. 
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this section and the local sanitary code.
c. 
Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
[Ord. No. 09-19-OAB]
The Code Enforcement Official, the Department of Health, Principal Public Works Manager, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, and the Ocean County Department of Health are hereby individually and severally empowered to enforce the provisions of this section. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
[Ord. No. 09-19-OAB]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be liable to a penalty as provided in Chapter 1, Section 1-5. Each day for which a violation of this section occurs shall be considered a separate offense.
Fines levied and collected pursuant to the provisions of this section shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.
[Ord. No. 09-19-OAB]
In the event that it is determined, by a Court of competent jurisdiction, that any provision of subsections 20-2.1 through 20-2.9 is unconstitutional, all other sections and provisions shall remain in effect. Subsections 20-2.1 through 20-2.9 shall take effect immediately, unless otherwise provided by resolution of the Governing Body.
[1974 Code § 72-21; Ord. No. 88-48]
All persons within the municipality shall, for the period from September 1 through December 31 of each year, separate leaves from other solid waste generated at their premises and, unless leaves are stored or recycled for composting or mulching on the premises, place the leaves at the curb or other designated area for collection at such times and dates and in the manner established by the municipality's recycling regulations.
[1974 Code § 72-22; Ord. No. 88-48]
Any person may donate or sell recyclable materials to individuals or organizations authorized by the municipality in its recycling regulations. These materials shall be delivered to the individual's or organization's site. The individuals or organizations shall provide written documentation to the Township of the total amount of material recycled during the preceding calendar year.
[1974 Code § 72-23; Ord. No. 88-48]
It shall be a violation of this section for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in subsection 20-2.3. Each such collection in violation of this section shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. No. 05-27-OAB §§ 1-5]
a. 
Purpose. The purpose of this subsection is to establish a yard waste collection and disposal program in Township of Berkeley so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
c. 
Yard Waste Collection; Containerization. The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this subsection.
d. 
Enforcement. This subsection shall be enforced by the Berkeley Township Police Department, Ocean County Board of Health, Berkeley Township Code Enforcement Officer and the Berkeley Township Animal Control Officer.
e. 
Violations and Penalty. Any person who or which violates any provision of this subsection shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 05-33-OAB §§ 1-5]
a. 
Purpose. The purpose of this subsection is to establish a yard waste collection and disposal program in the Township of Berkeley, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and any other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
c. 
Yard Waste Collection. In the event the Township permits the sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street, it shall only be allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this subsection. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this subsection.
d. 
Enforcement. This subsection shall be enforced by the Berkeley Township Police Department, Ocean County Board of Health, Berkeley Township Code Enforcement Officer and the Berkeley Township Animal Control Officer.
e. 
Violations and Penalty. Any person who or which violates any provision of this subsection shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 09-20-OAB]
COVERED PROJECT
Shall mean a construction, renovation, or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll off-container shall be placed on premises for the purpose of placement of solid waste materials.
[Ord. No. 09-20-OAB]
A debris recovery plan shall be filed with the Municipal Recycling Coordinator prior to the commencement of any activity for which municipal approval as further identified above. The debris recovery plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the entity will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.
[Ord. No. 09-20-OAB]
a. 
Approval. A debris recovery plan shall be reviewed by the Municipal Recycling Coordinator, and approved if it provides for all of the information required by this section. An approved debris recovery plan shall be marked "Approved" and returned to the owner of the entity which submitted the plan.
b. 
Denial. A debris recovery plan shall not be approved if it does not provide all of the information required by this section. If a debris recovery plan is not approved, the owner of the entity which submitted the plan, shall be notified in writing that the plan has been rejected, including the reasons for the rejection. In order to obtain the building or demolition permit sought, the owner of the entity which will carry out the construction, renovation, or demolition project shall make the required changes and resubmit the debris recovery plan to the Municipal Recycling Coordinator.
[Ord. No. 09-20-OAB]
a. 
Application. If the owner of an entity carrying out a covered project experiences circumstances that makes it infeasible to comply with the diversion requirement cited in this section, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is infeasible to divert 50% of the materials being generated from the covered project and specify what percentage of diversion could be achieved. Increased costs to the owner of the entity carrying out the covered project will not be an acceptable justification for an adjustment.
b. 
Review. The Municipal Recycling Coordinator shall review the information supplied by the owner. If warranted, the Municipal Recycling Coordinator shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.
c. 
Granting of an Adjustment. If the Municipal Recycling Coordinator determines that it is infeasible for the entity carrying out a covered project to divert 50% of the generated C&D debris from the covered project, the percent of diversion required shall be adjusted. The owner shall be notified in writing of the adjusted diversion requirement. The owner of the entity carrying out the covered project shall be required to divert the percent of C&D debris required by the adjustment.
d. 
Denial of Adjustment. If the Municipal Recycling Coordinator determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this section, the owner shall be notified in writing of the denial of the diversion requirement adjustment.
[Ord. No. 09-20-OAB]
a. 
Documentation. Upon completion of the covered project, but before the final inspection, the owner of the entity carrying out a covered project shall submit in person or by certified mail to the Municipal Recycling Coordinator, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
1. 
A completed debris recovery report, signed by the owner of the entity carrying out a covered project, indicating the quantity of each material generated during the covered project diverted or disposed;
2. 
Receipts from all facilities or service providers utilized to divert and dispose materials generated during the covered project; and
3. 
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
[Ord. No. 09-20-OAB]
The Municipal Recycling Coordinator shall review the information submitted pursuant to this section and determine whether the owner of the entity carrying out the covered project has complied, or failed to comply with the diversion requirement. The determination regarding compliance will be provided to the owner of the entity carrying out the covered project in writing.
[Ord. No. 09-20-OAB]
An owner of the entity carrying out the covered project may appeal a determination of failure to comply under this section to the municipality within 30 days of the decision or determination. The appeal shall be in writing and shall state the facts and basis for the appeal. A decision by the (department where appeal is to be filed) shall be final.
[Ord. No. 09-20-OAB]
The Code Enforcement Official, the Police Department, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, and the Housing Officer are hereby individually and severally empowered to enforce the provisions of this section. The respective enforcing official may, in his or her discretion, post warning stickers for a first offense. An inspection may consist of dumping and opening of solid waste bags of containers to detect, by sound or sight, the presence of any recyclable material.
[Ord. No. 09-20-OAB]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be liable to a penalty as provided in Chapter 1, Section 1-5.
[Ord. No. 09-20-OAB]
If it is determined, by a Court of competent jurisdiction, that any provision or section of this section is unconstitutional, all other sections and provisions shall remain in effect. This section shall take effect immediately.
[Ord. No. 2014-35-OAB]
This section requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Berkeley and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2014-35-OAB]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by Berkeley Township or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2014-35-OAB]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Township of Berkeley.
[Ord. No. 2014-35-OAB]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. No. 2014-35-OAB]
The Code Enforcement Official, the Police Department, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, and the Housing Officer are hereby individually and severally empowered to enforce the provisions of this section.
[Ord. No. 2014-35-OAB]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $10,000.