This Article shall be known and may be cited as the "Wildwood
Crest Recycling Program Ordinance."
For the purpose of this Article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
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; this set
out and collection system shall be known as "Single Stream Collection."
The following items are included as "Single Stream Recyclable Materials:"
PAPER PRODUCTSNewspaper with inserts, magazines, office paper, junk mail including shredded paper, 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 be placed in a clear plastic bag
GLASS, FOOD AND BEVERAGE CONTAINERSClear, 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.
METAL FOOD AND BEVERAGE CONTAINERSAluminum 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.
PLASTIC CONTAINERSPlastic 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.
VEGETATIONChristmas 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).
Category 2: Designated materials to be recycled by the individual
generator or municipality via drop-off at Cape May County Municipal
Utilities Authority (CMCMUA) or private NJDEP approved recycling facilities,
as applicable:
BRUSH, TREE BRANCHES AND STUMPSAll parts of vegetative growth from trees, and vegetative materials generated during land clearing;
FERROUS AND NON-FERROUS SCRAPMetals, 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 ELECTRONICSA computer central processing unit and associated hardware including keyboards, modems, printers, scanner 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 VCRs, radios and landline telephones;
MOTOR OIL/KEROSENE/#2 HEATING OILCrank-case oil and similar oils, kerosene fuel and #2 home heating oil which are used to fuel heating equipment;
WOOD PALLETS AND CRATESClean untreated, unpainted pallets and crates only;
BATTERIES-LEAD ACID BATTERIESUsed SLA (sealed lead acid) batteries generated from motor vehicles, aviation and marine equipment;
PROPANE TANKSEmpty 20 to 30 lb. BBQ type tanks;
CONTAMINATED SOILIf 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 GREASEGrease and oil generated from food preparation by commercial sources only;
ASPHALT AND CONCRETEAsphalt and concrete materials from construction and demolition projects;
AUTO AND TRUCK BODIESAll junk automobiles, trucks and parts;
TIRESWorn truck and passenger car tires;
USED OIL FILTERSUsed filters that are generated from changing crankcase oil in automobiles, trucks and other vehicles;
ANTI-FREEZEUsed antifreeze generated from automobiles, trucks and other vehicles/sources; and
CONSUMER RECHARGEABLE NiCad (NICKEL-CADMIUM) AND SMALL SEALED LEAD ACID BATTERIESSmall sealed batteries generated from use of electronic equipment.
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
ordinance, 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.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Borough
of Wildwood Crest.
The New Jersey Department of Environmental Protection.
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.
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.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
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 Wildwood Crest, to separate designated recyclable materials from
all solid waste.
(1)
Category 1. Designated recyclable materials shall be placed separately
at the curb in a manner and on such days and times as may be hereinafter
established by the Department of Public Works of the Borough of Wildwood
Crest.
(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.
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 containers for the placement of recyclables for
curbside collection as follows: Single Stream Recyclable Materials
as defined in "Category 1(a)" above 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. 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 7:00 p.m. of the day
immediately preceding the day of collection, but no later than 7:00
a.m. of the day of collection. After collection, any containers shall
be removed from the curbside no later than 7:00 p.m. of the day of
collection.
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 — Wednesday.
(2)
Christmas trees — Daily curbside pickup during month of January.
(3)
Brush, tree branches — Wednesday.
(4)
Tree stumps — Not accepted; individuals must transport to Cape
May County Municipal Utilities landfill (Woodbine).
(5)
White goods — Weekly curbside bulk pickup or drop off at Public
Works.
(6)
Ferrous and nonferrous scrap — Weekly curbside bulk pickup
or drop off at Public Works.
D.
The following materials must be source separated and recycled by
the generator at authorized CMCMUA recycling facilities or any NJDEP
approved recycling center:
(1)
Wood pallets and crates — Not accepted; individuals must transport
to Cape May County Municipal Utilities Authority transfer station.
(2)
Propane tanks — Not accepted; individuals must transport to
Cape May County Municipal Utilities Authority transfer station.
(3)
Electronics — Weekly curbside bulk pickup or drop off at Public
Works.
(4)
Tires — Not accepted; individuals must transport to Cape May
County Municipal Utilities Authority transfer station.
(5)
Antifreeze — Not accepted; individuals must transport to Cape
May County Municipal Utilities Authority transfer station.
(6)
Batteries — Drop off daily at Public Works.
(7)
Used motor oil — Drop off daily at Public Works.
(8)
Kerosene/#2 heating oil — Not accepted; individuals must transport
to Cape May County Municipal Utilities Authority transfer station.
(9)
Asphalt and concrete — Not accepted; individuals must transport
to Cape May County Municipal Utilities Authority transfer station.
(10)
Auto and truck bodies — Not accepted; individuals must
transport to Cape May County Municipal Utilities Authority transfer
station.
(11)
Contaminated soil — Not accepted; individuals must arrange
with private hauler.
(12)
Cooking grease — Not accepted; individuals must arrange
with private hauler.
(13)
Consumer rechargeable NiCad and small sealed lead acid batteries
— Drop off daily at Public Works or Borough Hall.
The owner of each property shall be responsible for compliance
with this ordinance. 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 source separated 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.
A.
All commercial, business or industrial facilities shall be required
to comply with the provisions of this ordinance.
B.
The arrangement for collection of all categories of designated mandatory
recyclables 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 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.
A.
Any application to the Planning Board of the Borough of Wildwood
Crest for subdivision or site plan approval for the construction of
multifamily 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 Construction
Office of the Borough of Wildwood Crest, 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 designated
recyclable materials for those locations or properties where the Borough
of Wildwood Crest does not otherwise provide this service.
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 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.
C.
Once placed in the location identified by this ordinance, or any
rules or regulations promulgated pursuant to this ordinance, 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, it shall become property of the Borough of Wildwood
Crest. It shall be a violation of this ordinance 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 Borough
of Wildwood Crest as provided above.
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.
The Municipal Recycling Coordinator shall review the information
submitted pursuant to this ordinance 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 Superintendent 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 ordinance for any owner or permit holder to
fail to comply with the recycling requirements set forth herein.
The Municipal Recycling Coordinator and the Code Enforcement
Officer are hereby individually and severally empowered to enforce
the provisions of this ordinance. The enforcers of the ordinance may
conduct an inspection 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 ordinance. The
Borough of Wildwood Crest shall retain primary enforcement responsibility,
with the CMCHD serving in a secondary enforcement role, which includes
inspection of commercial establishments with proof of prior law enforcement
actions.
