[Prior ordinance history includes portions of Ordinance No. 174-79, 531-07, 574-09, Article II
was amended in entirety by Ord. No. 615-13]
[Ord. No. 615-13 § 1]
This Article shall be known and may be cited as the Borough
of Cape May Point Recycling Program Ordinance.
[Ord. No. 615-13 § 6]
For the purpose of this Article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Shall mean those materials designated within the Cape May
County Solid Waste Management Plan to be source separated for the
purpose of recycling by residential, commercial, institutional and
industrial sectors. The recycling of these materials is mandatory;
they cannot be disposed of as solid waste. The source separated recyclable
materials that are mandated for recycling are organized into the following
two categories, which include but are not limited to:
Category 1: Designated Recyclable Materials to Be Set Out at
Curbside:
The following source separated recyclable materials shall be
mixed together and set out at curbside for collection in a covered
container; this set out and collection system shall be known as "Single
Stream Collection." The following items are included as "Single Stream
Recyclable Materials":
[Amended 10-10-2019 by Ord. No. 08-2019]
Paper Products — Newspaper with inserts, magazines, office
paper, junk mail, telephone and paperback books, corrugated cardboard,
brown paper bags, non-foil wrapping paper, and chipboard packaging
including but not limited to dry food boxes (cereal, rice, pasta,
cookie and cracker), gift, shoe and tissue boxes, powdered detergent
boxes, paper towel rolls, clean pizza boxes (no food debris) and cardboard
beverage carriers. Remove and throw away all liner bags, food contaminated
paper and waxed-coated cardboard boxes. Shredded paper may not be
recycled.
Glass, Food and Beverage Containers — Clear, green and
brown food and beverage bottles and jars, excluding however, blue
bottles, window glass and light bulbs. All food and liquid residue
shall be removed from containers. Caps and lids should be thrown away.
Metal Food and Beverage Containers — Aluminum and steel
food and beverage containers five gallons or less in size, including
empty aerosol cans. No paint cans. All food and liquid residue shall
be removed from containers. Caps and lids should be thrown away.
Plastic Containers — Plastic containers imprinted with
a 
(PETE), 
(HDPE), 
(PVC), 
(LDPE), 
(PP), 
(PS) or 
(Other) on the bottom, five gallons
or less in size, including bottles, jugs, jars and other rigid plastic
containers. Plastic containers from food, beverage, health, beauty
and cleaning products are included. Examples include, but are not
limited to; margarine tubs, microwave trays, yogurt containers, plastic
buckets and landscape pots. No Styrofoam packaging. No polystyrene
egg cartons. No beverage cups. No PVC pipe. No plastic film. No plastics
which contained chemicals or hazardous products, such as motor oil
or pesticide containers. All food and liquid residue shall be removed
from containers. Caps and lids should be thrown away.
(PETE), 
(HDPE), 
(PVC), 
(LDPE), 
(PP), 
(PS) or 
(Other) on the bottom, five gallons
or less in size, including bottles, jugs, jars and other rigid plastic
containers. Plastic containers from food, beverage, health, beauty
and cleaning products are included. Examples include, but are not
limited to; margarine tubs, microwave trays, yogurt containers, plastic
buckets and landscape pots. No Styrofoam packaging. No polystyrene
egg cartons. No beverage cups. No PVC pipe. No plastic film. No plastics
which contained chemicals or hazardous products, such as motor oil
or pesticide containers. All food and liquid residue shall be removed
from containers. Caps and lids should be thrown away.Category 2 (CMC: Designated Materials to Be Recycled by the
Individual Generator or Municipality.
Category 2 (CMC: Designated Materials to Be Recycled by the
Individual Generator or Municipality Via Drop-off at Cape May County
Municipal Utilities Authority MUA) or Private NJDEP Approved Recycling
Facilities, as applicable:
Christmas Trees — Free of decorations, tree stands and
plastic bags;
Leaves — Comprised mainly of tree and plant leaves and
not contaminated with brush or other material; and
Grass — Lawn grass clippings;
Brush, Tree Branches and Stumps — All parts of vegetative
growth from trees, and vegetative materials generated during land
clearing;
Ferrous and Nonferrous Scrap — Metals, such as copper,
iron, sheet metal, aluminum, radiators, structural steel, metal pipe
and "white goods" including, but not limited to, appliances containing
"CFC's" or Freon;
Computers and Consumer Electronics — 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
with a screen that is greater than four inches measured diagonally
and that contains one or more circuit boards including, but not limited
to, televisions and cell phones. Also includes VCR's, radios
and landline telephones;
Motor Oil / Kerosene / # 2 Heating Oil - Crank-case oil and
similar oils, kerosene fuel and #2 home heating oil which are used
to fuel heating equipment;
Wood Pallets and Crates — Clean untreated, unpainted pallets
and crates only;
Batteries - Lead Acid Batteries — Used SLA (sealed lead
acid) batteries generated from motor vehicles, aviation and marine
equipment;
Propane Tanks — Empty 20 to 30 lb. BBQ type tanks;
Contaminated Soil — If classified as ID27, all fuel contaminated
soil, dewatered soil, and stone from septic beds and similar materials
which are allowed to be recycled in accordance with the regulations
of the New Jersey Department of Environmental Protection;
Commercial Cooking Grease — Grease and oil generated from
food preparation by commercial sources only;
Asphalt and Concrete — Asphalt and concrete materials
from construction and demolition projects;
Auto and Truck Bodies — All junk automobiles, trucks and
parts;
Tires — Worn truck and passenger car tires;
Used Oil Filters — Used filters that are generated from
changing crankcase oil in automobiles, trucks and other vehicles;
Anti-freeze — Used antifreeze generated from automobiles,
trucks and other vehicles/sources; and
Consumer Rechargeable NiCad (Nickel-Cadmium) and Small Sealed
Lead Acid Batteries — Small sealed batteries generated from
use of electronic equipment.
Shall mean the person or persons appointed by the municipal
Governing Body and who shall be authorized to enforce the provisions
of this Article, and any rules and regulations which may be promulgated
hereunder. This appointee shall also be responsible to assure that
all materials recycled in the municipality are properly reported and
recorded. The New Jersey Mandatory Source Separation and Recycling
Act requires that each municipality appoint at least one individual
as Municipal Recycling Coordinator who has successfully completed
all requirements mandated by the State of New Jersey to be designated
as a New Jersey Certified Recycling Professional;
Shall mean all solid waste generated at residential, commercial
and institutional establishments within the boundaries of the Borough
of Cape May Point.
Shall mean the New Jersey Department of Environmental Protection;
Shall mean those materials recommended within the Cape May
County Solid Waste Management Plan to be Source Separated for the
purpose of recycling by residential, commercial, institutional and
industrial sectors.
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;
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;
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. 615-13 § 3]
a.
Mandatory Source Separation. It shall be mandatory for all persons
who are owners, lessees, tenants or occupants of residential and nonresidential
premises, including but not limited to retail and commercial locations,
government, schools and other institutional locations within the Borough
of Cape May Point to separate designated recyclable materials from
all solid waste.
1.
Category 1 designated recyclable materials shall be placed at the
curb in a manner and on such days and times as may be hereinafter
established by the Borough of Cape May Point.
2.
When municipal curbside collection is not provided for designated
recyclable materials, as is the case for those recyclables included
in Category 2, it shall be the obligation of the generator to deliver
or arrange for the delivery of such materials to the Cape May County
Municipal Utilities Authority (CMCMUA) recycling facilities located
at the Sanitary Landfill and/or Transfer Station as applicable, or
to a private sector market for recycling.
[Ord. No. 615-13 § 4]
The collection of source separated recyclable materials shall
be in the manner prescribed as follows:
a.
It is the responsibility of the property owner to provide adequate
size and number of covered containers for the placement of recyclables
for curbside collection as follows: Single Stream Recyclable Materials
as defined in Category 1 a1 shall be mixed together in one container.
More than one container may be used for Single Stream Recyclable Materials;
however, each container used should be marked or labeled to identify
its contents as Single Stream Recyclable Materials. No containers
shall be larger than 48 gallons and shall not exceed 40 pounds. All
set out containers which contain Single Stream 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 recycled
shall be placed as noted above any time after 3:00 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.
[Amended 10-10-2019 by Ord. No. 08-2019]
b.
All receptacles or dumpsters shall be maintained in a clean and safe
manner.
c.
The following materials must be source separated and recycled through
the municipal recycling program in the following manner:
1.
Leaves and Grass — Place in brown recyclable bags at curbside
on Tuesdays.
2.
Christmas Trees — Curbside pickup during January.
3.
Brush, Tree Branches — Place items at curbside for chipping
on Wednesdays.
4.
White Goods — Bulk pick-up dates are resolute by the Governing
Body annually. White goods are permitted at curbside only on designated
bulk pick-up dates otherwise are the responsibility of the owner.
5.
Ferrous and Nonferrous Scrap — Responsibility of owner.
6.
Tree Stumps — Responsibility of owner.
d.
The following materials must be source separated and recycled by
the generator at authorized CMCMUA recycling facilities or any NJDEP
approved recycling center. All of the following items must be transported
by the individual to the authorized facility.
1.
Wood Pallets and Crates
2.
Propane Tanks
3.
Computers and Consumer Electronics
4.
Tires
5.
Antifreeze
6.
Lead Acid Batteries
7.
Used Motor Oil
8.
Kerosene / #2 Heating Oil
9.
Used Oil Filters
10.
Asphalt and Concrete
11.
Auto and Truck Bodies
12.
Contaminated Soil
13.
Commercial Cooking Grease
14.
Consumer Rechargeable NiCad and Small Sealed Lead Acid Batteries
[Ord. No. 615-13 § 4.1]
The owner of each property shall be responsible for compliance
with this Article. For multifamily units, including but not limited
to condominium complexes and seasonal hotel/motels and guest houses,
the management or owner is responsible for setting up and maintaining
the recycling system, including collection of designated recyclable
materials, except for those designated recyclable materials for which
municipal collection service is provided to multifamily units. Violations
and penalty notices will be directed to the owner or management, in
those instances where the violator is not easily identifiable. The
owner or management shall issue notification and collection rules
regarding recycling requirements to all new tenants when they arrive
and with a reminder a minimum of every six months during their occupancy.
[Ord. No. 615-13 § 4.2]
a.
All commercial, business or industrial facilities shall be required
to comply with the provisions of this Article.
b.
The arrangement for collection of all categories of designated recyclable
materials hereunder shall be the responsibility of the commercial,
institutional or industrial property owner or their designee, except
for those specific designated recyclable materials that are collected
by the municipality from that property. All commercial, institutional
or industrial properties at which litter is generated by employees
or the public shall provide litter and recycling receptacles. These
properties shall provide for separate recycling collection services
for the contents of the recycling receptacles.
c.
Every business, institution or industrial facility shall report on
a quarterly basis to the Municipal Recycling Coordinator, on such
forms as may be prescribed, regarding recycling activities at their
premises, including the amount and type of recycled material not placed
curbside for municipal collection. If material is removed from the
premises by a hauler, recycler or paper shredder, the quantity and
final disposition of the material is to be reported on the form.
d.
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle commercial cooking 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. 615-13 § 4.3]
a.
Any application to the Planning Board of the Borough of Cape May
Point for subdivision or site plan approval for the construction of
multi-family dwellings of three or more units, single-family developments
of three or more units or any commercial, institutional or industrial
development of 1,000 square feet or more, must include a recycling
plan. This plan shall 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 Borough
of Cape May Point, the owner of any new multifamily 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 designated recyclable materials
for those locations or properties where the municipality does not
otherwise provide this service.
[Ord. No. 615-13 § 5]
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 container of solid waste contains designated recyclable materials.
b.
It shall be the responsibility of the owner or occupant to properly
segregate the uncollected waste for proper disposal and/or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
at the curbside beyond 7:00 p.m. on the day of collection will be
considered a violation of this ordinance and the local sanitary code.
c.
Once placed in the location identified by this Article, or any rules
or regulations promulgated pursuant to this Article, no person, other
than any personnel authorized by the municipality or the owner or
occupant responsible for placement of the designated recyclable materials
for collection, shall tamper with, collect, remove, or otherwise handle
designated recyclable materials. Upon placement of such designated
recyclable material at the curb, it shall become property of the municipality.
It shall be a violation of this Article for any person not duly authorized
to collect or pick up or cause to be collected or picked up any recyclable
materials that are the property of the municipality as provided for
above.
[Ord. No. 615-13 § 6]
For all activities that require municipal approval such as construction,
demolition or public event permits, a designated recyclable materials
plan shall be filed along with all other required permit conditions.
The plan shall include provisions for the recovery of all designated
recyclable materials generated during construction, renovation and
demolition activities, as well as, public events.
[Ord. No. 615-13 § 6.1]
The Municipal Recycling Coordinator shall review the information
submitted pursuant to this section of the Article and determine, prior
to the issuance of the municipal approval or permit, whether the plan
submitted by the owner of the entity carrying out the covered activity
will comply or fail to comply with the recycling requirements set
forth herein. The determination regarding compliance will be provided
to the Municipal Public Works Director/Supervisor and the owner of
the entity carrying out the covered project in writing. When such
plan is deemed not compliant, the Municipal Recycling Coordinator
shall include specific conditions to be implemented by the permit
holder to achieve compliance. It shall be a violation of this Article
for any owner or permit holder to fail to comply with the recycling
requirements set forth herein.
[Ord. No. 615-13 § 7]
The Municipal Recycling Coordinator and the Code Enforcement
Official are hereby individually and severally empowered to enforce
the provisions of this Article. The enforcers of the ordinance may
conduct inspections at the site of the generator, which consists of
sorting through containers and opening of solid waste bags to detect,
by sound or sight, the presence of any designated recyclable material.
Additionally, the Cape May County Health Department (CMCHD)
shall be empowered to enforce the provisions of this Article. The
municipality shall retain primary enforcement responsibility with
the CMCHD serving in a secondary enforcement role which includes inspection
of commercial establishments with proof of violations prior to law
enforcement actions.
[Ord. No. 615-13 § 8]
If any section, paragraph, subsection, clause or provision of
this Article shall be adjudged by a Court of competent jurisdiction
to be invalid, such adjudication shall apply only to the section,
paragraph, subsection, clause or provision so adjudged, and the remainder
of this Article shall be deemed valid and effective.
This Article shall take effect immediately upon enactment by
the Governing Body of the municipality.
[Ord. No. 615-13 § 9]
The Governing Body is hereby authorized to promulgate, from
time to time, additional rules and regulations relating to the source
separation, preparation, placement and collection of recyclable materials
pursuant to the provisions of this program and Article; provided,
however, that such rules and regulations shall not be inconsistent
with terms and provisions of this Article and shall be approved by
the Governing Body. Such rules and regulations shall be duly promulgated
subsequent to publication so that the public has had notice thereof.
[Ord. No. 615-13 § 10]
Any person or entity violating, or failing to comply with, any
of the provisions provided in this Article shall, upon conviction
thereof, be punishable by a fine of not less than $50 and not more
than $500 or by imprisonment for a term not to exceed 90 days, or
by both such fine and imprisonment, in the discretion of the municipal
judge. The continuation of any violation for each successive day shall
constitute a separate offense, and the person, persons, or entity
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense. Any violation may be
afforded at least one warning at the discretion of the enforcement
designees before the issuance of any fines.
