[HISTORY: Adopted by the Mayor and Council
of the Borough of Barnegat Light as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-9-1988 by Ord. No. 88-17 (Ch. XXI of the Revised
General Ordinances); amended in its entirety 2-17-2010 by Ord. No. 2010-03]
This article shall be known and may be cited as the "Recycling
Ordinance of the Borough of Barnegat Light."
The words, terms and phrases used in this article shall have
the following meanings:
Empty all-aluminum beverage and food containers.
A container with the neck narrower then the body of the container.
Brown corrugated boxes. It shall not include chipboard.
Those properties used primarily for commercial purposes and
those multiple-dwelling residential buildings containing more than
four dwelling units.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling; not including five-gallon
buckets.
those materials designated within the Ocean County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include, but are not limited to, newspapers,
mixed paper, cardboard, glass containers, aluminum cans, ferrous containers,
plastic beverage containers (PET and HDPE: where the neck is smaller
than the body of the container), auto batteries, motor oil, white
goods, tires, leaves, stumps, tree trunks and brush.
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.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass, porcelain
and ceramic products.
Clear and colored plastic bottles made of high density polyethylene.
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools, nursing homes, libraries and
governmental offices.
All foliage from trees and shrubs.
Waste paper of various kinds, including magazines, junk mail,
used writing paper, used office paper, and used school papers. It
shall not include chipboard.
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 guesthouses
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 (N.J.S.A. 55:13A-1 et seq.).
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this article, and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the Borough
of Barnegat Light.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements and other matters of public interest.
Expressly excluded, however, are newspapers which have been soiled.
Newspapers shall be deemed soiled if they have been exposed to substances
or conditions rendering them unusable for recycling.
Oil and liquid petroleum products.
Every owner, lessee and occupant of a residence or commercial
or institutional establishment within the boundaries of the Borough
of Barnegat Light.
A plastic bottle made from polyethylene terephthalate; plastic
soda bottles.
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.
A facility designed and operated solely for receiving, storing,
processing and transferring source-separated, nonputrescible or source-separated
commingled nonputrescible metal, glass, paper, plastic containers
and corrugated and other cardboard or other recyclable materials approved
by the New Jersey Department of Environmental Protection.
Any occupied single-family or multifamily dwelling having
up to four dwelling units per structure from which a municipal or
private hauler collects solid waste.
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.
Garbage, refuse and other discarded solid material normally
collected by a municipal or private hauler.
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.
[Amended 3-11-2020 by Ord. No. 2020-03]
A.
There is hereby established a program for the mandatory separation
of the following recyclable materials from the municipal solid waste
stream by all persons within the Borough of Barnegat Light, hereinafter
referred to as the "municipality":.
B.
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 Borough of Barnegat Light, 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 Borough.
A.
The recyclable materials designated in § 164-3 of this article shall be put in a suitable container, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality's recycling regulations. The containers for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection.
B.
Newspapers shall be placed loosely in a recycling can with other
mixed paper and cardboard, not bundled or tied, and placed at the
curb or other designated area for collection at such times and dates
as are established in the municipality's recycling regulations.
A.
All persons within the municipality shall separate leaves from other
solid waste generated at their premises and, unless the 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.
B.
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 part shall be deemed in violation of this section. The term
"containerized" means 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/or coming into contact
with stormwater.
A.
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 not designated as recyclable material collection
days 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.
B.
Refrigerators, air conditioners and other appliances that contain
Freon or other CFD-laden material may be picked up by the Borough
for recycling on an on-call basis for a charge of $20 per unit.
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 § 164-3 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
[Amended 3-11-2020 by Ord. No. 2020-03]
The Recycling Coordinator is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for collection of the recyclable materials designated in § 164-3 of this article and such other matters as are required to implement this article. Such regulations shall take effect only upon the approval of the Borough Council by adoption of a resolution implementing the same. The Recycling Coordinator is hereby authorized and directed to enforce the provisions of this article and any implementing regulations adopted hereunder. In addition, the Ocean County Department of Health is hereby individually and severally empowered to enforce the provisions of this article. 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.
[Added 3-11-2020 by Ord.
No. 2020-03]
A.
The owner of any property shall be responsible for compliance with
this article. 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.
B.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this chapter. 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 outdoors 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 litter receptacle, and shall provide for separate
recycling service for their contents. 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. 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.
[Added 3-11-2020 by Ord.
No. 2020-03]
A.
Any application to the Planning Board or Zoning Board of Adjustment
of the Borough of Barnegat Light for subdivision or site plan approval
for the construction of multifamily 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 Borough,
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 recyclable materials, in those instances where
the municipality does not otherwise provide this service. Provision
shall be made for the indoor, or enclosed outdoor, storage and pickup
of solida waste, to be approved by the Borough Engineer.
[Added 3-11-2020 by Ord.
No. 2020-03]
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 article 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 those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
[Amended 3-11-2020 by Ord. No. 2020-03]
The Borough Council may exempt persons occupying commercial and institutional establishments from the source separation requirements of § 164-4 of this article if those persons have otherwise provided for the recycling of recyclable materials designated in § 164-3 of this article. To be eligible for an exemption under this section, the person seeking the same shall, prior to June 1 of each year, provide written documentation to the municipality of the total amount of materials recycled during the preceding calendar year and the manner provided for its disposal. To be eligible for an exemption, a commercial or institutional generator of solid waste shall file an application for exemption with the municipal recycling coordinator. The application 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.
[Adopted 9-15-2010 by Ord. No. 2010-13]
The purpose of this article is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and to prohibit the spilling, dumping, leaking,
or otherwise discharge of liquids, semiliquids or solids from the
containers to the municipal separate storm sewer system 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.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning.
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 Barnegat Light or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
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.
means the ocean and its estuaries, all springs, streams and
bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Amended 10-12-2016 by Ord. No. 2016-011]
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, semiliquids
or solids to the municipal separate storm sewer system.
[Amended 10-12-2016 by Ord. No. 2016-011]
The standards of this article do not apply to:
A.
Litter receptacles (other than dumpsters or other bulk containers);
B.
Individual homeowner trash and recycling containers;
C.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES (New Jersey Pollutant Discharge Elimination System)
permit;
D.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
This article shall be enforced by any officer of the Borough.
Any violation of this article shall be punishable as provided in § 1-15 of the Borough Code, entitled "Violations and penalties."
