[Ord. No. 2010-01; Prior
ordinance history: Ordinance No. 7-87]
Proper management of solid waste is an important matter of public
health and safety. The source separation and recovery of certain recyclable
materials will serve the public interest by conserving energy and
natural resources, and reducing waste disposal expenses. In accordance
with the requirements of the New Jersey Mandatory Source Separation
and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the 2009 Update
of the Monmouth County Solid Waste Plan, it is necessary to update
and amend existing municipal rules and regulations for the separation,
storage, collection and recovery of designated recyclable materials.
The Governing Body may use municipal personnel to collect recyclable
material from residential properties and public school properties
as set forth herein at curbside and/or from a drop-off center and
shall sell the recyclable material if a market exists therefor pursuant
to N.J.S.A. 40A:11-1 et seq. The recycling products from properties
which have home occupations other than professionals or uses that
create an unusual amount of material will be collected by the Borough
employees.
The Governing Body may elect to enter into agreements with qualified
persons or corporations authorizing them to collect the recyclable
material at curbside or from a drop-off center and to sell the recyclable
material.
[Ord. No. 2010-01]
ALUMINUM CANS
Shall mean and include all disposable cans made of aluminum
used for food or beverages. Specifically excluded are aluminum foils,
pie tins, trays, cookware and other aluminum products.
BULKY RECYCLABLES
Shall mean and include construction and/or demolition debris
such as concrete, asphalt, brick, block, trees, tree parts in excess
of three inches in diameter and wood pieces.
CLEAN MIXED PAPER
Shall mean and include 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.
COMPUTERS AND COMPUTER MONITORS
Shall mean and include an electronic device used for data
processing and storage and the device that displays signals on a computer
screen.
CORRUGATED CARDBOARD
Shall mean and include layered cardboard including a waffled
section between the layers, of the type commonly used to make boxes
and cartons. Specifically excluded are waxed cardboard and any cardboard
contaminated by direct contact with food, such as pizza boxes.
GLASS BOTTLES AND JARS
Shall mean and include transparent or translucent containers
made from silica or sand, soda ash and limestone, used for the packaging
or bottling of various products. Specifically excluded are dishware,
light bulbs, window glass, ceramics and other glass products.
NEWSPAPERS
Shall mean and include paper of the type commonly referred
to as newsprint, and includes any inserts which are normally included
in the newspaper. Specifically excluded are any pages of the newspaper
used for household projects and crafts, such as painting or paper
mache projects, or used for cleanup of pet waste.
POURABLE PLASTIC CONTAINERS
Shall mean and include 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.
SOLID WASTE
Shall mean and include garbage and rubbish normally produced
by the occupants of commercial, industrial and residential property
and disposed of by private or public pickup.
TIN AND BIMETAL CONTAINERS
Shall mean and include all disposable cans made of tin, steel
or a combination of metals including, but not limited to, containers
commonly used for food products. Specifically excluded are cans which
contain toxic products, such as paints and oils.
[Ord. No. 2010-01]
Any person, firm or corporation who violates or neglects to comply with any provision of this section or any rule or regulation promulgated pursuant thereto, shall be subject to upon conviction, the penalty stated in Chapter
1, Section
1-5. As an alternate penalty, a convicted person may be ordered to perform community service in the recycling program, for a period not to exceed 90 days. Each day such violation or neglect is commented or permitted to continue, shall constitute a separate offense and be punishable as such.
[Ord. No. 2010-01]
Branches, trees and/or parts of trees may be placed immediately
adjacent to the curb of the premises in question so as not to block
the sidewalk extending not further than three feet from the curb.
No lumber or wood may be placed for collection by the chipper. Lumber
or wood shall be placed in the regular trash collections, unless the
amount determines that a dumpster is required to be hired by the homeowners.
[Ord. No. 2010-01]
No person, owner, occupant and/or tenant of a property in the
Borough of Farmingdale shall rake, blow, push and/or drag leaves from
his property onto the public streets of the Borough of Farmingdale,
except as permitted by other ordinance or Borough collection policy.
Leaves shall be raked to curbside for collection by the leaf sweeper
at the times designated.
[Ord. No. 2010-05]
The purpose of this section is to require 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 Borough of Farmingdale 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. 2010-05]
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 chapter 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 the Borough of Farmingdale 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 groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2010-05]
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 Borough of Farmingdale.
[Ord. No. 2010-05]
The administrative and enforcing authority for the provisions
of this chapter shall be the Code Enforcement Officer, Construction
Code Officials, Fire Official, Health Officer, Officer within the
State Police Department, Zoning Officer or any other duly appointed
official of the Borough of Farmingdale.
[Ord. No. 2010-05]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine in accordance with the penalty stated in Chapter
1, Section
1-5 and to repay to the Borough of Farmingdale the cost of cleanup of 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 Borough of Farmingdale and/or the waters of the State so as to protect public health, safety and welfare. This shall include the cost of the product necessary to be used on the roadway and/or streets of the Borough of Farmingdale and for any cost of manpower and equipment used by the Public Works Department or Fire Department of the Borough of Farmingdale or any agents, representatives or contractors hired by the Borough of Farmingdale for the cleanup.