[HISTORY: Adopted by the City Council of the City of Estell
Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 90-3 (Ch. XVI, Sec. 16-1, of the 1974 Revised General Ordinances)]
This section shall be known and may be cited as the "Recycling
Ordinance of the City of Estell Manor."
The words, terms and phrases used in this section shall have
the following meanings:
All aluminum beverage containers and aluminum pet food or
other containers.
Furniture, wood waste, textiles and carpet.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Clean, heavy box materials commonly known as "cardboard boxes"
and similar heavy paper packaging containers that are free of plastic,
foam and other contaminants, also including food packaging boxes and
other commercial packaging that is free of food contaminants, plastic,
wax and foam materials that would make it undesirable for recycling
purposes. All cardboard and packaging must be opened and flattened
for ease of handling.
Those properties used primarily for commercial purposes.
Any scrap lumber, metal, earth, bricks, stone, plaster, roofing
and siding material, and other debris of a similar nature which accumulates
and is incidental to the construction or renovation of homes, buildings,
public works or other projects.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Empty steel or tin food or beverage containers.
Any animal or vegetable waste solids resulting from the handling,
preparation, cooking or consumption of foods, but not including human
wastes.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
All waste which is deemed to be chemical waste, hazardous
waste, or infectious waste, as defined by N.J.A.C. 7:26-1.4, and which
shall include, but not be limited to, wastes which are flammable,
corrosive or explosive or which by themselves or in combination with
other waste would be hazardous to life or property.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools, nursing homes, libraries and
government offices.
All residential living units containing four or more dwelling
units.
Any type of commercial, industrial or business establishment,
conducting a business, whether for pecuniary profit or not for pecuniary
profit, and any apartment house, hotel, country club, or dwelling
house having more than four dwelling units.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Newsprint and other forms of paper and paper products, such
as magazines, telephone books, catalogs, white office paper, computer
paper, etc., excluding those soiled (i.e., containing carbon, adhesive
or plastic) or unfit due to health and/or sanitary reasons. Newspapers
shall also be deemed soiled if they have been exposed to substances
rendering them unusable for recycling.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Every owner, lessee and occupant of a residence, commercial
or institutional establishment within the boundaries of the City of
Estell Manor.
Plastic soda, juice and liquor bottles, plastic laundry and
dish detergent bottles and plastic bleach bottles. In addition, any
plastic bottles or containers that have the recycling symbol or the
initials P.E.T.E. or H.D.P.E. stamped on the container.
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.
Any occupied single- or multifamily dwelling having up to
four dwelling units per structure from which a municipal or private
hauler collects solid waste.
Garbage, refuse and other discarded solid material normally
collected by a municipal or private hauler.
A person or firm for hire, properly licensed in the State
of New Jersey, for the purpose of collection of solid waste and solid
waste materials.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
All material resulting from the prosecution of any business,
trade, or industry, whether or not conducted for profit, and shall
include paper, rags, leather, rubber, cartons, boxes, wood, sawdust,
garbage, combustible and noncombustible solids except manure, metals,
metal shavings, wire, tin cans, cinders, and other materials exclusive
of wastes resulting from building construction or alteration work.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Includes any and all garbage, refuse papers, ashes and waste
from building construction or alteration work, regardless of how originating,
and shall also include cellar and yard dirt.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
There is hereby established a mandatory program for the separation
of recyclable materials from the municipal solid waste stream by all
persons within the City of Estell Manor, hereinafter referred to as
the "municipality," according to the guidelines published by the Atlantic
County Utilities Authority (ACUA).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
All the materials accepted for recycling shall be separated from solid waste in accordance with the rules and regulations for same promulgated, from time to time, by the designated municipal waste hauler or, in default thereof, by the ACUA which may require delivery to a designated collection site outside of the City of Estell Manor when provision is not made for the curbside collection of the same. General placement for curbside collection shall otherwise conform to the requirements of § 321-5 below.
A.
The owner/manager or association of every multifamily dwelling (apartment, townhouse or condominium) shall designate space for the placement and storage of all recyclable materials. The owner/manager or association also has the option of arranging for curbside pickup service from the ACUA. All lessees/owners of these dwelling units shall be required to separate items as mentioned in § 321-3 and place them in a designated place.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
All multifamily residences that provide private collection for recyclable materials named in § 321-3 shall submit written documentation to the municipality and to the Atlantic County Utilities Authority by June 1, the total amounts of recyclables collected in the prior calendar year. The only exception to this collection and documentation method will be if the multifamily dwelling is serviced by the Atlantic County Utilities Authority Collection Program. Multifamily residences have the choice of private or county collection for recycled materials, but the Municipal Recycling Coordinator and A.C.U.A. must be notified of the collection method selected.
Commercial and institutional establishments may transport their
recyclables to the containers at a municipal dropoff facility or to
the Atlantic County Intermediate Processing Facility or contract with
a private hauler to collect them. It is the responsibility of the
commercial or institutional establishment to properly separate or
have separated and store or have stored all recyclable items on their
premises prior to periodic disposal of these materials. Yearly documentation
of amounts recycled by a private hauler must be made to the City Clerk-Administrator
and the A.C.U.A. prior to June 1 for the preceding calendar year.
Materials taken to the county facility will be recorded for the municipality.
Municipal records will be maintained for materials disposed of at
the dropoff facility and credit given to those participating commercial
and institutional establishments accordingly. The only exception to
this collection method is if the commercial or institutional establishment
participates in the Atlantic County Collection Service Program.[1]
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the municipality in its recycling regulations.
These materials may either be delivered to the individual's or organization's
site or they may be placed at the curb for collection by said individual
or organization on days set in the municipality's recycling regulations.
Said individuals or organizations may not collect recyclable materials
on or within the 24 hours immediately preceding a regularly scheduled
curbside collection day and shall, prior to June 1 of each year, provide
written documentation to the municipality of the total amount of material
recycled during the preceding calendar year.
It shall be a violation of this article 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 § 321-3 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
In accordance with the New Jersey Statewide Mandatory Source
Separation Recycling Act of 1987,[1] proposals for new developments of 50 or more single family
units and/or five multifamily units and/or 100 square feet or more
of commercial or industrial space must incorporate provisions in the
site plan for recycling.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
A.
The municipal governing body is hereby authorized to establish and promulgate reasonable regulations to be adopted by resolution detailing the manner, days and times for the collection of the recyclable materials designated in § 321-3 of this article. Such regulations shall take effect only upon the approval of the City Council by adoption of a resolution implementing the same. The municipality is hereby authorized and directed to enforce the provisions of the section and any implementing regulations adopted hereunder. The position of the Municipal Recycling Coordinator as per N.J.S.A. 13:1E-99.16 is hereby established and will be held by the person who shall be appointed by resolution of the City Council. The Municipal Recycling Coordinator's name and telephone number shall be forwarded to the Atlantic County Utilities Authority.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Noncollection of solid waste contaminated by designated recyclables.
The municipality or any other person collecting solid waste generated
within the municipality may refuse to collect solid waste from any
person who has clearly failed to source separate recyclables designated
under any applicable section of this chapter.
A.
Any person, firm or corporation violating the provisions of any section of this article shall be issued a warning for the first and second offense and will then be subject to the penalty provided in Chapter 1, General Provisions, Article II, General Penalty.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Each and every day in which a violation of any of the provisions
of this section exists shall constitute a separate offense.
C.
Any person, firm or corporation placing nonrecyclable materials at the recycling dropoff facility within the City of Estell Manor shall be subject to the penalty provided in Chapter 1, General Provisions, Article II, General Penalty.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
[Adopted by Ord. No. 91-16 (Ch. XVI, Sec. 16-2, of the 1974 Revised General Ordinances)]
From and after the effective date of this section, all solid
waste materials that may accumulate and which are subject to collection
by the municipal contractor charged with such duties may only be collected,
removed and disposed of as provided in this section.
Every owner, lessee, agent, occupant or other person having
control of any property covered by the terms of this section shall
provide, place, keep and make readily accessible for collection and
removal of all solid waste materials suitable and sufficient covered
receptacles for such purpose in accordance with the provisions hereinafter
set forth.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
All receptacles for solid waste materials shall be of such size
and shape that can be handled by one man and so constructed as to
prevent the spilling or leakage of their contents, and such receptacles
shall not be filled higher than the top of the container. Such receptacles
shall be either metallic or rigid plastic containers, barrels, baskets
or boxes, but where the waste material is of such a nature that it
cannot be deposited in such receptacles, it must be securely bundled
in such manner as to permit easy handling and to prevent the contents
thereof from being scattered. All receptacles in which solid waste
accumulations are deposited shall have a separate cover, close-fitting
when in place, shall not exceed a size larger than 32 gallons, and
shall, when placed for collection, not weigh in excess of 49 pounds.
Such containers or receptacles that have deteriorated to the extent
of having jagged or sharp edges capable of causing injuries to collectors
and to others who may have to handle the same shall be removed by
the collector and disposed of as refuse.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
All receptacles for solid waste materials shall be placed by
the occupant near the curbline so as to be easily collected from the
roadway, but not so near the curb or roadway as to project therein
or as to interfere with vehicles lawfully using said street or roadway.
All receptacles shall be placed for collection just prior to the regular
collection time so as not to remain near the curbline for a longer
period of time than is necessary to permit the collection thereof,
and empty receptacles or containers shall be removed immediately following
the collection of the solid waste. The number of receptacles per residential
dwelling unit, campground or commercial property that may be placed
for collection at one time is determined by the contract with the
solid waste contractor.
This section shall apply only to the disposal of normal household
waste. This section shall not apply to the disposal of recyclable
materials, construction debris or hazardous waste as defined in N.J.S.A.
13:1E-51. The disposal of any substances not covered by this section
and/or disposal from properties not covered by this section shall
be the responsibility of the individual property owner to accomplish
in a lawful manner.
No person shall throw, lay, deposit or leave or cause to be
thrown, laid, deposited or left, in or upon any street, avenue, roadway,
sidewalk or public thoroughfare, any household solid waste material
of any kind whatsoever, except in a manner specified for collection
as herein provided.
Nothing in this section shall be interpreted to repeal or modify
any provision of any separate ordinance, rule or regulation for the
recycling of waste materials, and any such past, present or future
recycling ordinances, rules or regulations shall take precedence over
the regulations established in this section.
