[HISTORY: Adopted by the Board of Commissioners of the Borough
of West Wildwood as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-2-1986 by Ord.
No. 282]
As used in this article, the following terms shall have the
meanings indicated:
Soil materials containing the following:
Greater than 10% organic material; and/or
From tidal sources, chloride content greater than 0.01% (by
weight); and/or
When dried and oxidized, pH ranges between 2.0 and 5.0; and/or
Field identifiable by its dark gray to black color, high plasticity,
high water content and low bearing value.
All lands situate above five-foot elevation based upon mean
sea level, including all gravel pits.
No dredge soil shall be dumped, deposited, landfilled, and/or
disposed of in any upland area of the Borough of West Wildwood.
A.
No person, corporation, or other legal entity shall haul or transport
dredge soil within the confines of the Borough of West Wildwood without
having first obtained a permit therefor from the Borough Commissioners
of the Borough of West Wildwood.
B.
No person, corporation or other legal entity shall dump, deposit,
landfill and/or dispose of any dredge soil in any area of the Borough
of West Wildwood below elevation five foot based upon mean sea level
without having first obtained a permit therefor from the Borough Commissioners
of the Borough of West Wildwood.
C.
Upon proper application the Borough Commissioners shall determine
whether a permit to haul and/or dump dredge soil in the Borough of
West Wildwood shall be granted the applicant and shall submit a written
application on a form to be provided by the Office of the Borough
Clerk. Upon receipt of the application the Borough Clerk shall file
a hearing date. Additionally, the applicant shall provide to the Borough
Clerk at least 10 days prior to the hearing date a topographic survey
of the site in question, and an environmental assessment statement
prepared by a licensed professional engineer or environmentalist of
the State of New Jersey which shall set forth, inter alia, the following:
(1)
The impact upon the area from which the dredge soil is to be removed
if same is situate within the Borough of West Wildwood.
(2)
The impact upon the area upon which the dredge soil is to be dumped,
deposited, landfilled or otherwise disposed of, if same lies within
the confines of the Borough of West Wildwood.
(3)
All information as requested by the Army Corps of Engineer or their
environmental questionnaire.
D.
The applicant shall provide notice to all property owners within
200 feet of the premises from which the dredge soil is to be removed
or to all persons within 200 feet of the area upon which the dredge
soil is to be deposited, or both if applicable, not less than 10 days
prior to consideration of the application by the Borough Commissioners.
E.
Upon receipt of proof of adequate notice to the surrounding property
owners and upon receipt of proper application and environmental impact
statement as required hereunder, the Borough Commissioners will hold
a hearing with regard to the proposed application. The Borough Commissioners
shall determine whether the proposed hauling and/or dumping of dredge
soil shall have a detrimental effect upon the health, safety and welfare
of the people of the Borough of West Wildwood or any of them. In the
event that the Borough Commissioners shall determine that the proposed
hauling and/or dumping of dredge soil shall have a deleterious effect
upon the health, safety and/or welfare of the people of the Borough
of West Wildwood or any of them, it shall deny the permit. In the
event that the Borough Commissioners shall make a finding that the
proposed hauling and/or dumping will not have a deleterious effect
upon the health, safety and/or welfare of the people of the Borough
of West Wildwood or any of them, it may, in its sole discretion, grant
the proposed permit. The Borough Commissioners shall determine the
time period which the requested permit will cover.
Upon granting of a permit by the Borough Commissioners the applicant
shall pay to the Borough Clerk a fee for each permit which he is granted
pursuant to the following schedule:
A.
Any person violating any provision of this article shall pay a fine
of $5 for each cubic yard of dredge soil improperly hauled, transported,
dumped, deposited, land filled and/or disposed of in violation of
this article; provided, however, in no event shall any such fine be
less than $500.
B.
In the event of violation of this article the governing body may
in its sole discretion compel the violator to restore the premises
dumped, deposited, landfilled or disposed upon to its prior state.
The Borough Commissioners may, in their sole discretion, waive
any requirement contained herein.
[Adopted 1-13-2006 by Ord. No. 454]
The purposes of this article are:
A.
The management of garbage, rubbish, solid waste and recycling matter
is deemed necessary in the interest of the health, safety, and welfare
of the general public of the Borough of West Wildwood.
B.
The management of construction trailers is deemed necessary in the
interest of the health, safety and welfare of the general public of
the Borough of West Wildwood.
[Added 7-5-2013 by Ord.
No. 525]
As used in this article, the following terms shall have the
meanings set forth:
Includes, but is not limited to, appliances, furniture, and other large items, which have unusual weight and or will not fit in garbage receptacles. Bulk trash shall also include materials or items as may be further described in § 464-10, contained herein. The removal of building materials not acceptable as bulk trash shall be the responsibility of the owner of the property and/or the individual obtaining a building permit.
An enclosed trailer utilized for the temporary storage of
equipment and tools and commonly found on an active construction site
not to exceed seven feet by 20 feet. Said trailer must have a current
registration under the requirements of the New Jersey Motor Vehicle
Law, specifically Title 39.[1]
[Added 7-5-2013 by Ord.
No. 525]
Animal, dairy, fish, fowl, fruit or vegetable waste incident
to and resulting from the use, preparation, cooking and consumption
of food. This definition shall include other matter not specifically
described which is subject to decay, decomposition, putrefaction or
the generation of offensive or noxious odors or gases which before,
during and after decay may serve as feeding or breeding material for
animals, flies, insects, seagulls or other birds.
Any container or receptacle owned by the Borough of West
Wildwood, located on Borough property or otherwise contained within
the Borough of West Wildwood used for the collection/deposit of trash
generated by the general public. Waste generated by any individual
residential or commercial use or activity or vendor shall not be considered
waste generated by the public.
Waste accumulations of glass, plastic, metal, uncontaminated
paper and other materials as may be defined by the Borough of West
Wildwood, the Cape May County Municipal Utility Authority, or the
New Jersey Mandatory Source Separation and Recycling Act[2] as materials considered acceptable for recycling.
Garbage, rubbish, refuse, bulk trash, trash, and all other
discarded materials, not otherwise specifically described herein resulting
from residential, commercial, community use or activities.
Waste accumulations of contaminated paper, nonrecyclable
materials or articles, Styrofoam or any other waste materials common
to or resulting from residential, commercial or community use or activity.
A.
Compliance with regulations. The placing, depositing, collection
and disposition of solid waste within the Borough limits of the Borough
of West Wildwood shall not be permitted in any manner except as provided
for herein.
B.
Containers, receptacles, placement for collection. Every person,
corporation or other legal entity, owner, occupant, lessee or proprietor
or inhabitant otherwise in possession of a dwelling or structure of
residential use or commercial operation shall provide or cause to
be provided suitable receptacles, with tightfitting lids for solid
waste, which containers or receptacles shall be of rigid construction
and placed at curbside. Waste containers or receptacles shall be watertight
with suitable handles and covered to prevent access to any contents
by animals, birds, insects, rainwater or liquids. Receptacles or containers
shall not exceed 50 pounds in weight per receptacle or container.
(1)
Owners, occupants or proprietors shall provide adequate number of
trash and recyclable containers or receptacles based on occupancy,
type of use, and trash and solid waste accumulation. No owner, occupant
or proprietor shall cause trash or solid waste to be deposited for
collection in a manner where receptacles are overflowing or exceed
weight limit capacity.
(2)
All containers and receptacles shall be properly marked with stickers
or permanent markers for recycle collections and should contain the
street address to which property the trash containers and receptacles
belong.
(3)
It shall be the duty and sole responsibility of the property owner,
occupant or proprietor to maintain the receptacles and containers
and lids in good repair and condition so as to properly secure said
materials for collection.
(4)
All garbage, refuse and solid waste shall be placed curbside for
collection no earlier than 7:00 p.m. on the day immediately preceding
collection and all containers and receptacles shall be removed from
curbside no later than 7:00 p.m. on the day of collection.
(5)
It is a violation of this section to use plastic or burlap bags for
collection other than inside proper receptacles and containers as
defined herein.
C.
Multiunit housing and commercial uses. Owners, occupants or proprietors
of apartment houses, motels, hotels and other housing combinations,
including condominiums, having three or more living units or commercial
use establishments shall furnish adequate community receptacles/containers
for solid waste into which owners, occupants, tenants may empty receptacles
used for each room, unit, apartment, condominium or commercial use.
When the volume of solid waste generated exceeds the capacity of eight
receptacles, a community receptacle or dumpster shall be provided
by the owner, occupant or proprietor of any dwelling or structure
of either residential or commercial use. When it is deemed in the
interest of public health and welfare to do so, the Commissioners
of the Department of Public Works, the Borough Engineer or Zoning
Official of the Borough may determine the size, type and location
of the community receptacle/container.
(1)
Community receptacles or dumpsters shall be placed on concrete pads
and situated out of the public right-of-way but within access to a
suitable ramp so that regular collection is not prohibited. Dumpsters
shall not be vented and shall be fully enclosed so that the contents
are not visible; roofing, however, is not required. Each dumpster
shall fit within the overall unit's design and shall be buffered from
the principal structure, parking facilities, pedestrian and vehicular
roadways. It shall be the responsibility of the owner, occupant or
proprietor of the dwelling where dumpster is located to keep it properly
maintained with lids fastened so as to not interfere with normal collection.
(2)
The Borough will not be held responsible for the collection of trash
in broken dumpsters. After the dumpster is repaired or replaced, trash
collection will resume on the next regularly scheduled trash day or
trash will be disposed of by owner, occupant or proprietor.
(3)
The property owner, for and in consideration of the Borough's providing
solid waste removal, shall hold the Borough harmless for any damage
to solid waste cans, containers, receptacles, dumpsters or other property
in order to obtain access to the dumpster, community receptacle, containers
or receptacles as determined by the Superintendent of Public Works
and/or their designee.
(4)
Trash with any mixed recycling will not be required to be picked
up until sorted by the owner, occupant, or proprietor. When the trash
is sorted, trash will be picked up on the next regular trash day or
the owner shall be responsible for trash removal.
D.
Responsibilities of collectors of solid waste. Any person employed
in making collections or depositing of solid waste, whether a contractor
of or employee of the Borough of West Wildwood or otherwise, shall
cause waste receptacles to be entirely emptied of their contents and
any contents falling on the ground shall be picked up and removed,
by said contractor or employee immediately. An outside hauler or contractor
must take the responsibility of removing trash and abiding by all
mandates of this article, all mandates and rules of the Municipal
Utility Authority and the State of New Jersey pertaining to mixing
of trash with recyclables and shall be held responsible for any violations
hereof.
E.
Licenses and fees. Persons engaged in the business of collecting and/or disposing of solid waste, other than employees or contractors of the Borough of West Wildwood, shall annually secure from the Borough of West Wildwood a license to carry on such business for a fee as determined by the governing body of the Borough of West Wildwood, if not otherwise established by Chapter 355, Mercantile Licenses. It shall be the sole responsibility of hauler or contractor to obtain any other licenses or certifications which may be required by other governmental agencies and to provide proof of same to the Borough of West Wildwood.
F.
Schedule of collections, number of pickups. The Board of Commissioners
for the Borough of West Wildwood shall adopt a resolution annually,
or more often as required, setting the schedule of days of trash and
recycling collection and provide for the advertisement of the schedule
to the public. Any resolution adopted by the Board of Commissioners
setting a schedule of days of trash and recycling collection may determine
a fee to be charged for any commercial establishment requiring additional
collections, by establishing a per pickup fee for additional collection.
G.
Limitations on collection. The Borough has the right to limit:
(1)
The number of daily pickup stops when in the public interest at the
discretion of the Commissioner of Public Works.
(2)
In the event that any regular stop exceeds eight receptacles or other
equivalent collection, the Borough reserves the right to notice the
owner, occupant or proprietor that they must apply for additional
pickup collection or arrange for the collection of waste material
through other means.
(3)
It shall be unlawful for anyone to deposit for collection hazardous
or toxic waste.
H.
Prohibited deposit of solid waste. It shall be unlawful for anyone
to deposit residential waste, commercial waste, bulk trash, or construction
material in or around Borough receptacles, containers, dumpsters or
dropoff areas within the Borough of West Wildwood.
A.
Removal of bulk trash. The Borough may, but is not mandated to by
this section, provide for the removal of bulk trash. Dates and times
for bulk trash removal will be advertised by the Borough Clerk, or
the Department of Public Works, as authorized by the Commissioner
of Public Works.
(1)
Any householder, owner, occupant, tenant or proprietor placing bulk
trash in the Borough right-of-way for pickup at any time other than
those set by the Commissioner of Public Works or his/her designee
as advertised or as authorized by the Commissioner or Superintendent
of the Public Works Department shall be subject to a fine as set forth
in this section. Appropriate notice shall be given to the public for
scheduled bulk pickup days or on an individual request of pickup of
bulk trash as approved by the Department of Public Works.
(2)
Any bulk trash items, including appliances, which constitute a public
safety hazard, shall have their doors removed when placed for collection.
The Borough of West Wildwood reserves the right to refuse bulk pickup
of any item or items deemed excessive in weight and shall provide
notice to property owner or occupant of the excessive weight so the
owner or occupant can arrange other means of removal and disposal
of said item or items.
(3)
If bulk trash is placed for collection other than at times or dates
advertised in accordance with this article or by resolution of the
governing body or as authorized by the Department of Public Works,
the property owner shall be charged for the removal in accordance
with the fee schedule of the Borough of West Wildwood for removal
of bulk trash.[1] Such charges, in addition to any other penalties, shall
be collected in the same manner and enforced as in the case of unpaid
taxes and shall bear interest at the same rate or rates of unpaid
taxes.
[1]
Editor's Note: The current fee schedule is on file in the
Borough offices.
(4)
Bulk trash shall be placed curbside no earlier than 7:00 p.m. in
the evening on the day immediately preceding the day of collection
and not later than 7:00 a.m. on the day of collection, unless prior
arrangements have been made with the Department of Public Works.
(5)
It shall be a violation of this section for any person to collect
or pick up any item of bulk trash, unless while doing so in their
capacity as a Borough employee, without the specific authorization
of the Borough of West Wildwood. Any unauthorized person who picks
up or attempts to pick up recyclable items as defined herein shall
violate this section and shall be subject to the penalties contained
herein for violations.
(6)
Acceptable items for bulk trash shall be, but are not limited to,
aluminum, copper, steel, sheet metal, iron, air conditioners, appliances,
bicycles, bed frames, beach chairs and umbrellas, freestanding cabinets,
furniture, file cabinets, washers, dryers, freezers, fencing, fans,
grills, hot water heaters, lawn mowers, ladders, lawn tables and chairs,
pipe, empty propane tanks, refrigerators with doors removed, ranges,
ovens, stoves with doors removed, and wall cabinets.
A.
Placing or depositing on private property prohibition. No person
shall place, cause or permit to be placed or deposited any debris
or waste material on public or private property which is the product
of or the result of any building activity or home improvement within
the Borough of West Wildwood, except as permitted herein.
B.
Containers, use and removal.
(1)
Any debris, trash, litter or building material waste resulting from
building activity of any kind or nature, including but not limited
to residential and commercial construction, which is otherwise not
disposed of, shall be placed in a container or containers to be provided
by the property owner, or his/her building agent and or employee,
which container or containers will be of such a nature or construction
as to prevent the scattering or spreading of such waste products and/or
accumulation of the same in an unsightly or unhealthy manner or in
a manner which by its nature would create a nuisance to those persons
occupying, working on, visiting or viewing the scene. Any material
permitted to remain either uncontained or which is not disposed of
at the end of each day will be considered a violation hereof. Each
day that the condition described is permitted to remain will be considered
a separate violation thereof.
(2)
It will be the sole responsibility of the owners and/or building
agent and/or employee involved to arrange for the removal of any such
debris, trash, litter or building waste and such responsibility will
include the carrying away and dumping of any containers utilized pursuant
to this section.
C.
Permits required.
(1)
Consistent with N.J.S.A. 27:5I-1, no person shall park or leave unattended
any waste or refuse container, commonly known as a "roll-off dumpster"
or "roll-off container," on or along any street, highway or public
property within the Borough of West Wildwood without first obtaining
a permit from the West Wildwood Police Department. Application forms
for a permit to place a roll-off dumpster or roll-off container upon
a street, highway or public property within the Borough of West Wildwood
shall be obtained from the West Wildwood Police Department. The application
forms for a permit to place a roll-off dumpster or roll-off container
upon a street, highway or public property within the Borough of West
Wildwood shall be signed by the owner or operator of the roll-off
dumpster or roll-off container and permits, when issued by the West
Wildwood Police Department, shall only be issued in the name of and
delivered to the owner or operator of the roll-off dumpster or roll-off
container. The West Wildwood Police Department shall provide copies
of any permits issued pursuant to this section to the Borough Clerk
and the Superintendent of Public Works.
(2)
No person shall park or leave unattended a construction trailer which
is not attached to a motor vehicle within the Borough of West Wildwood
without first obtaining a permit from the West Wildwood Police Department.
[Added 7-5-2013 by Ord.
No. 525]
D.
Permit fee. Roll-off dumpster, roll-off container and construction
trailer permit fees shall be as follows:
[Amended 7-5-2013 by Ord.
No. 525]
|
October 1 - May 31
|
June 1 - September 30
| |
|---|---|---|
|
One day
|
$25
|
$50
|
|
One week (seven calendar days)
|
$50
|
$100
|
|
One month (30 calendar days)
|
$100
|
$200
|
E.
Permit time limited. Consistent with N.J.S.A. 27:5I-1, approval for
placement of a roll-off dumpster, roll-off container and construction
trailer upon a street highway or public property shall remain in effect
for a period of not more than 30 days, but may be renewed by the West
Wildwood Police Department. Upon expiration of the initial 30 days
approval, a placement permit may twice be endorsed for a thirty-day
renewal period by the West Wildwood Police Department. No permit shall
be renewed for more than two successive thirty-day periods. Upon expiration
of a second thirty-day renewal period, nothing in this article shall
be deemed as precluding the owner or operator of the roll-off dumpster,
roll-off container or construction trailer from submitting an application
for a new placement permit as provided in this article upon payment
of the fee required under this article.
[Amended 7-5-2013 by Ord.
No. 525]
F.
Location. To the extent possible, roll-off dumpsters, roll-off containers
and construction trailers shall be located on private property rather
than on streets, highways or public property. In such cases where
the only practical location of a roll-off dumpster, roll-off container
or construction trailer is on a street, highway or public property,
the West Wildwood Police Department shall determine the location of
said roll-off dumpster, roll-off container or construction trailer
so as to not impede or impair public safety. The roll-off dumpster,
roll-off container or construction trailer shall have its wheels or
skids, as the case may be, placed on timber materials, having minimum
dimensions of not less than two inches thick, 12 inches wide by 48
inches long, in such a manner as directed by the West Wildwood Police
Department so as to provide protection to the surface of the street,
highway or public property upon which the roll-off dumpster, roll-off
container or construction trailer is to be placed.
[Amended 7-5-2013 by Ord.
No. 525]
G.
Reflective markers required. Consistent with N.J.S.A. 27:5I, in all
cases where a roll-off dumpster or roll-off container is to be placed
upon a street, highway or public property, the roll-off dumpster or
roll-off container shall be equipped with and display markers consisting
of all-yellow, reflective, diamond-shaped panels having a minimum
size of 18 inches by 18 inches. These panels shall be mounted at the
edge of the dumpster or container at both ends nearest the path of
passing vehicles and facing the direction of oncoming traffic. These
markers shall have a minimum mounting height of three feet from the
bottom of the panels to the surface of the roadway.
H.
Damage to street, highway and property prohibited. No person shall
purposely, knowingly, recklessly or negligently damage any street,
highway or public property or allow damage to be caused to any street,
highway, or public property by the placement of a roll-off dumpster
or roll-off container upon a street, highway or public property. It
shall be no defense to a prosecution for an offense under this section
that a permit for placement of a roll-off dumpster or roll-off container
was obtained from the West Wildwood Police Department or that timber
material had been placed under the wheels or skids of the roll-off
dumpster or roll-off container as required by this chapter, it being
the responsibility of the owner and operator of the roll-off dumpster
or roll-off container to provide for further protective measures to
the street, highway or public property if the timber material required
by this chapter proves to be insufficient to adequately protect the
street, highway or public property from damage by reason of the weight
of the roll-off dumpster or roll-off container or any other factor
or cause.
I.
Temporary removal. Notwithstanding the fact that a permit for placement
of a roll-off dumpster or roll-off container may have been issued
by the West Wildwood Police Department, nothing contained in this
chapter shall be interpreted as or deemed as precluding the West Wildwood
Chief of Police or the West Wildwood Fire Chief from ordering the
temporary removal of any roll-off dumpster or roll-off container that
has been placed upon a street, highway or public property for reasons
of traffic safety or public safety.
J.
Violations and penalties. Consistent with N.J.S.A. 27:5I-1, a person who is convicted of a violation of this § 464-11 shall be subject to a fine of $100 for each violation, and each day said violation is continued shall constitute a separate offense. In default of the payment of a fine, imprisonment in the county jail for a period of not more than 90 days may be imposed. All fines collected under this article shall be paid over to the Board or body charged with the maintenance of the street, highway or public property upon which the violation occurs. In addition to a fine, a person who has been convicted of a violation of this article may be sentenced to make restitution in the event that a street, highway or any public property has been damaged by reason of placement of a roll-off dumpster or roll-off container thereon.
[Amended 4-5-2013 by Ord.
No. 520]
A.
Short title. This section shall be known and may be cited as the
"Borough of West Wildwood Recycling Program Ordinance."
B.
DESIGNATED RECYCLABLE MATERIALS
(1)
(a)
[1]
[2]
[3]
[4]
(2)
(a)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
MUNICIPAL RECYCLING COORDINATOR
MUNICIPAL SOLID WASTE (MSW) STREAM
NJDEP
RECOMMENDED RECYCLABLE MATERIALS
(1)
RECYCLABLE or RECYCLABLE MATERIAL
SOURCE-SEPARATED RECYCLABLE MATERIALS
SOURCE SEPARATION
Definitions. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
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 products. Shredded paper shall no longer be considered
a recyclable material and shall be disposed of as trash.
[Amended 10-2-2019 by Ord. No. 575]
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.
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.
Plastic containers. Plastic containers imprinted on the bottom
with any of the symbols below, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
 |
 |
 |
 |
 |
 |
 |
|
PETE
|
HDPE
|
PVC
|
LDPE
|
PP
|
PS
|
Other
|
Category 2, designated recyclable materials to be set out at
curbside; recommended recyclable materials.
[Added 10-2-2019 by Ord.
No. 575]
Recommended recyclable materials; bulky mixed rigid plastics
("bulky MRP"), including all hard plastics greater than five gallons
in size, regardless of color, shall be removed as a recyclable material.
Category 2, designated materials to be recycled by the individual
generator via dropoff at Cape May County Municipal Utilities Authority
(CMCMUA) 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.
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
CFCs or freon.
Computers and consumer electronics shall mean 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 VCRs, radios and landline
telephones.
Motor oil; kerosene; No. 2 heating oil. Crank-case oil and similar
oils, kerosene fuel and No. 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 lb. 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.
Antifreeze. Used antifreeze generated from automobiles, trucks
and other vehicles/sources.
Consumer rechargeable NiCd (nickel-cadmium) and small sealed
lead acid batteries. Small 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
section, 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 West Wildwood.
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.
The source-separated recyclable materials that are recommended for
recycling are:
Hardback books; bulky mixed rigid plastics ("bulky MRP"), including
all hard plastics greater than five gallons in size, regardless of
color, except for PVC pipe and vinyl siding; film plastic, including
clear, white and blue boat shrink wrap and clean greenhouse film.
Items to be placed at curb on regular trash day, to be collected by
the West Wildwood Department of Public Works. Paint, including oil-based
or water-based paint, stain, varnish shellac, polyurethane, wood and
masonry sealer and wood preservative, can be delivered by private
individuals directly to the Cape May County MUA located at the transfer
station. A nominal fee will be charged by the CMCMUA to cover operating
costs. Street sweepings and catch basin cleanout (from municipal cleaning
operations, must be dewatered and oversized litter removed) and be
delivered to the CMCMUA landfill.
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.
C.
Applicability of mandatory source separation and recycling requirements.
(1)
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 West Wildwood, to separate designated recyclable materials from
all solid waste.
(a)
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 West Wildwood.
(b)
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.
D.
Collection of recyclable materials.
(1)
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 Subsection B(1)(a) 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 by no later than 7:00 p.m. of the day
of collection. Every person, corporation or other legal entity, owner,
occupant, lessee or proprietor or inhabitant otherwise in possession
of a dwelling or structure of residential use or commercial operation
shall provide or cause to be provided suitable receptacles, with tightfitting
lids which shall be of rigid construction and placed at curbside.
Receptacles shall be watertight with suitable handles and covered
to prevent access to any contents by animals, birds, insects, rainwater
or liquids. Receptacles or containers shall not exceed 50 pounds in
weight per receptacle or container.
(b)
All receptacles or dumpsters shall be maintained in a clean
and safe manner, marked with stickers or permanent markers for recycle
collections and should contain the street address to which property
the receptacles belong.
(c)
The following materials must be source-separated and recycled
through the municipal recycling program in the following manner:
[1]
Leaves and grass. To be put in paper yard debris bags, not plastic.
To be placed at curbside on regular scheduled trash/recycle pick-up
days for the West Wildwood Department of Public Works (WWDPW) to collect.
[2]
Christmas trees. To be put out at curbside on regular scheduled
trash/recycle days. Free collection will be done by WWDPW until January
30.
[3]
Brush, tree branches. To be put out at curbside on regular scheduled
trash/recycle days. Free collection will be done by WWDPW. Tree stumps
must be taken directly to CMCMUA.
[4]
White goods. Free removal to be put out on the first Tuesday
of the month, call DPW for pickup.
[5]
Ferrous and nonferrous scrap. Free removal, to be put out on
the first Tuesday of the month, call DPW for arrangements for curbside
pickup.
(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. To be taken directly to CMCMUA.
[2]
Propane tanks. To be taken directly to CMCMUA. No Borough pickup.
[3]
Computers and consumer electronics. To be put out at curbside
on regular scheduled trash/recycling day. Free collection will be
done by WWDPW.
[4]
Tires. To be taken directly to CMCMUA. No Borough pickup.
[5]
Antifreeze. To be taken directly to CMCMUA. No Borough pickup.
[6]
Lead acid batteries. To be taken directly to CMCMUA. No Borough
pickup.
[7]
Used motor oil. To be taken directly to CMCMUA. No Borough pickup.
[8]
Kerosene; No. 2 heating oil. To be taken directly to CMCMUA.
No Borough pickup.
[9]
Used oil filters. To be taken directly to CMCMUA. No Borough
pickup.
[10]
Asphalt and concrete. To be taken directly to
CMCMUA. No Borough pickup.
[11]
Auto and truck bodies. To be taken directly to
CMCMUA. No Borough pickup.
[12]
Contaminated soil. To be taken directly to CMCMUA.
No Borough pickup.
[13]
Commercial cooking grease. To be taken directly
to CMCMUA. No Borough pickup.
[14]
Consumer rechargeable NiCd and small sealed lead
acid batteries. To be taken directly to CMCMUA. No Borough pickup.
(e)
The following recommended recyclable materials may also be source-separated
and recycled through the municipal recycling program in the following
manner:
[1]
Hardback Books, placed at curb on regular scheduled trash/recycle
day.
[2]
Bulky mixed rigid plastics ("bulky MRP"), including all hard
plastics greater than five gallons in size, regardless of color, shall
no longer be considered a recyclable material and shall be disposed
of as trash.
[Amended 10-2-2019 by Ord. No. 575]
[3]
Film plastic, including clear, white and blue boat shrink-wrap
and clean greenhouse film. Items to be placed at curb on regular scheduled
trash/recycle day, to be collected by the West Wildwood Department
of Public Works.
[4]
Paint including oil-based or water-based paint, stain, varnish
shellac, polyurethane, wood and masonry sealer and wood preservative,
can be delivered by private individuals directly to the Cape May County
MUA located at the transfer station. A nominal fee will be charged
by the CMCMUA to cover operating costs.
[5]
Street sweepings and catch basin cleanout (from municipal cleaning
operations; must be dewatered and oversized litter removed) and be
delivered to the CMCMUA landfill.
(2)
Residential dwelling compliance requirements. The owner of each property
shall be responsible for compliance with this section. 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.
(3)
Commercial establishment compliance requirements.
(a)
All commercial, business or industrial facilities shall be required
to comply with the provisions of this section.
(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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
New developments of multifamily residential units or commercial,
institutional or industrial properties.
(a)
Any application to the Planning Board of the Borough of West
Wildwood 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 Borough
of West Wildwood, 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.
E.
Prohibition of the collection of waste mixed with recyclable materials.
(1)
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.
(2)
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 section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Once placed in the location identified by this section, or any rules
or regulations promulgated pursuant to this section, 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 municipality.
It shall be a violation of this section 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.
F.
Construction, renovation and demolition debris recovery plan.
(1)
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.
(2)
Compliance with diversion requirement. The Municipal Recycling Coordinator
shall review the information submitted pursuant to this section of
this chapter 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 section for any owner or permit holder to fail to comply with
the recycling requirements set forth herein.
G.
Enforcement.
(1)
The Municipal Recycling Coordinator and the following designees:
Commissioner of Public Works, municipal Public Works Director/Supervisor/Foreman,
Code Enforcement Officer, Mercantile License Inspector, and Construction
Official, are hereby individually and severally empowered to enforce
the provisions of this section. 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.
(2)
Additionally, the Cape May County Health Department (CMCHD) shall
be empowered to enforce the provisions of this section. 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.
H.
Rules and regulations. 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 this § 464-12; provided, however, that such rules and regulations shall not be inconsistent with terms and provisions of this § 464-12 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.
I.
Penalty. Any person or entity violating, or failing to comply with,
any of the provisions provided in this section shall, upon conviction
thereof, be punishable by one or more of the following: a maximum
fine of $2,000, imprisonment for not more than 90 days or a period
of community service for not more than 90 days, or any combination
thereof, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Prohibited disposal or dumping. It shall be a violation of this article
for any individual to use the public trash receptacles located on
the public parks, public properties and grounds, or any public areas
for anything other than pedestrian generated trash, specifically but
not limited to household or commercially generated trash. This section
shall be enforced by the Commissioner of Public Works or his/her designee,
the Code Enforcement Officer of the Borough, or the Borough Police
Department.
B.
Hazardous substances prohibited. Hazardous substances including,
but not limited to, gasoline, kerosene, antifreeze, oil, automobile
batteries, chemical pesticides, oil based paint and paint thinner
shall not be accepted for pick up.
C.
Other prohibited items. The Borough reserves the right to reject
for pickup other articles or materials not specifically described
herein or if amounts of said materials or items, such as carpet padding,
is deemed to be excessive upon notice to the owner, occupant or proprietor
by the Borough, it shall be their responsibility to arrange for removal.
A.
Fee schedule. The Commissioner of Public Works shall prepare at least
once annually or more if necessary a schedule of fees[1] charged for bulk trash pickup, which fee shall be paid
prior to the day and time designated for removal by payment payable
to the Borough of West Wildwood and depositing same with the Clerk
of the Borough of West Wildwood by cash or check in the designated
amount. Said fees established by this article in this section may
hereafter be set by resolution approved by the governing body.
[1]
Editor's Note: The current schedule of fees is on file in
the Borough offices.
B.
Penalties for violations. Any person, firm, association, corporation or other entity violating any provisions, regulations, sections or subsections of this article, except with respect to violations of the provisions of § 464-11, shall, upon conviction in the Municipal Court of the Borough of West Wildwood, be subject to a fine of not less than $50 nor more than $1,000 for the first offense and/or imprisonment in the county jail for not more than 10 days, or community service assisting the West Wildwood Department of Public Works. Penalties for violations of § 464-11 shall be as set forth in § 464-11J. A repetition of any violations shall be deemed a new offense subject to penalties as contained herein. A portion of the fines and penalties collected in accordance with this section may be utilized for the purchase of additional public solid waste/recyclable containers or receptacles upon resolution approved by the governing body.
