This chapter shall be known and may be cited as the Recycling
Ordinance of the Borough of Harvey Cedars.
[Ord. No. 2006-03; Ord. No. 2008-04; Ord.
No. 2009-12; Ord. No. 2010-06]
The words, terms and phrases used in this chapter shall have
the following meanings:
All empty aluminum beverage and food containers.
Tree limbs, branches and bushes no longer than four feet.
Tree limbs and branches shall be no larger than three inches in diameter.
Brown corrugated cardboard and brown paper grocery bags.
Those properties used primarily for commercial purposes and
those multiple dwelling residential buildings containing more than
four dwelling units.
Includes all glass containers, aluminum cans, steel cans,
plastic bottles, and empty aerosol cans.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling of blowing
out into the street and coming into contact with stormwater.
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source separated for the purpose
of recycling.
All plastic bottles, aluminum and steel cans. Paper-magazines,
catalogues, junk mail, used writing paper, newsprint, cardboard, office
and school paper. No chipboard or pizza boxes.
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 and porcelain
and ceramic products.
Those facilities that house or serve groups of people, including
but not limited to, hospitals, schools, nursing homes, libraries and
governmental offices.
Includes junk mail, magazines, catalogs, and writing paper.
The person or persons appointed by the municipal governing
body and who shall be authorized to, among other things, enforce the
provisions of this Ordinance, 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 Harvey Cedars.
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.
Paper recyclables and paper stream recycling and shall include
newspapers, junk mail and cardboard. Paper shall not include phonebooks.
Every owner, lessee and occupant of a residence, commercial
or institutional establishment within the boundaries of the Borough
of Harvey Cedars.
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 multi-family 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.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing State, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Includes leaves, pine needles, pinecones and weeds.
[Ord. No. 2006-03; Ord. No. 2009-12]
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 Harvey Cedars, hereinafter referred
to as the “municipality”.
b.
In addition
to items one through 11 above, all commercial, industrial and institutional
properties shall be required to recycle the following:
[Ord. No. 2006-03; Ord. No. 2008-04; Ord.
No. 2009-12]
a.
Commingled
Materials. Commingled materials 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
container for commingle shall be clearly labeled and placed at the
curb or such other designated area for each collection, regardless
of whether any recyclable materials are available for collection.
b.
Paper. Newspapers,
cardboard and junk mail shall be placed in a suitable clearly labeled
container with a lid, 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. No phonebooks shall be placed with paper recyclables.
Phonebooks shall be picked up separately.
c.
Brush and
Yard Waste. All persons within the municipality shall separate brush
and yard waste from other solid waste generated at their premises,
and unless stored or recycled for composting or mulching on the premises,
place the containerized yard waste and/or the bundled brush at the
curb or other designated area for collection at such times and dates
in the manner established by the municipality’s recycling schedule.
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 it 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 party
shall be deemed in violation of this ordinance.
d.
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.
e.
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 ordinance.
[Ord. No. 2009-12]
All commercial, institutional or industrial properties which
provide outdoor litter receptacles shall also provide receptacles
for designated recyclable materials in the location of the litter
receptacle, and shall provide for separate recycling service for their
contents.
Every business, institution, or industrial facility shall submit
annually to the Municipal Recycling Coordinator, proof of removal
of designated recyclable materials from their premises including the
total weight and type of recycled material collected and recycled,
and the vendor(s) providing said service.
All food service establishments, as defined by the Retail Food
Establishment Code of New Jersey shall comply with all recycling and
solid waste disposal requirements defined herein and shall recycle
grease and/or cooking oil generated in the processing of food or food
products, and maintain such records as may be prescribed for inspection
by any code enforcement officer.
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 24 hours immediately preceding a
regularly scheduled curbside collection day and shall, prior to June
1st 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 chapter 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 § 18-3 of this chapter. Each such collection in violation of this chapter shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. No. 2009-12]
The municipality and/or Municipal Recycling Coordinator and/or Superintendent of Public Works is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in § 18-3 of this chapter and such other matters as are required to implement this chapter.
The Code Enforcement Official, Municipal Recycling Coordinator,
Department of Health and/or Superintendent of Public Works is hereby
authorized and directed to enforce the provisions of this chapter
and any implementing regulations adopted hereunder. 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.
[Ord. No. 2009-12]
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this Ordinance or any of the
rules and regulations promulgated hereunder shall, upon conviction
thereof, be punishable by a fine not less than $250, nor more than
$1,000. Each day for which a violation of this Ordinance occurs shall
be considered a separate offence.
Fines levied and collected pursuant to the provisions of this
chapter shall be deposited into a dedicated fund to be established
by the Certified Financial Officer of the Borough of Harvey Cedars
and shall be used to provide compensation for municipal recycling
expenses.
[Ord. No. 2009-12]
The Municipal Recycling Coordinator of the Borough of Harvey Cedars may exempt persons occupying commercial and institutional establishments from the source separation requirements of § 18-4 of this chapter, if those persons have otherwise provided for the recycling of recyclable materials designated in § 18-3 of this chapter. 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 Borough of Harvey Cedars of the total amount of materials recycled during the preceding calendar year.
