A.
It shall be mandatory for all owners, lessees or occupants
of real property within the City of Long Branch to separate recyclable
materials from all other matter. It shall be a violation of this chapter
for any property owner, lessee or occupant to commingle recyclable
materials with any other nonrecyclable matter and place the same for
collection by the City.
B.
The City shall provide for the collection and disposal
of certain recyclable materials, as specified below, from all properties
located within the City in accordance with the terms and conditions
contained in this chapter. The City may elect to use municipal personnel
to perform the service or may enter into agreement(s) with qualified
person(s) authorizing them to collect recyclable materials.
C.
The City's recyclable service shall be provided curbside
along public roads and streets that have been dedicated to and accepted
by the City. Employees or agents of the City shall not be required
to enter upon private property in order to remove recyclable materials
except as specifically provided in this chapter.
D.
The date(s) and frequency of collection by the City
or the City's authorized agent(s) shall be in accordance with a schedule
to be established by the Director of the Department of Public Works.
Any changes or deviation in the schedule of collections will be announced
and made public by the City.
F.
All other recyclable materials, as defined earlier
in this chapter, shall be disposed of by the owner, lessee or occupant
in the following manner:
(1)
Through the City's bulk waste or brush pickup service,
if permitted, depending upon the type of material; or
(2)
Through disposal at the City's recyclable dropoff
center (location as determined by the Department of Public Works)
or at another approved facility. If such disposal is required, then
the same shall be performed by the owner, lessee or occupant through
private means at their own expense.
G.
All commercial, industrial and institutional establishments
within the City shall be required to recycle high-grade office and
computer paper and corrugated cardboard in addition to all of the
other items listed in the definition of recyclable materials in this
chapter.
H.
All service stations, oil retailers and motor vehicle
inspection or reinspection stations with used oil holding tanks shall
accept up to five gallons at a time of used motor oil from individuals
changing oil from cars, lawn mowers or motorcycles and shall post
a sign informing the public that they are a "Used Oil Collection Site."
I.
Recyclable materials shall not be mixed with any matter
not specifically permitted.
J.
All recyclable materials shall be stored, prior to
disposal or placement for collection, in such a manner as not to become
a nuisance to the occupants of any adjacent property.
K.
All recyclable materials that are intended to be collected
as part of the City's curbside recyclable collection service, except
for newspaper and mixed paper products, may be commingled and shall
he placed for disposal in a reusable metal or heavy-duty plastic container
which is supplied by the owner, lessee or occupant. All containers
must have handles and shall accommodate a capacity of not more than
32 gallons and shall not exceed 50 pounds when filled, Recyclable
materials shall not be collected in plastic bags.
L.
Each property or individual dwelling unit or individual
commercial, institutional, industrial or other type of unit, as applicable,
shall be limited to a total of four containers of recyclable materials
per unit per pickup day. If any property or individual dwelling unit
or individual commercial, institutional, industrial or other type
of unit produces a quantity of recyclable materials that regularly
exceeds the limitations established by this chapter, then the Department
of Public Works may require that the disposal of recyclable materials
from that property be arranged through private means at the expense
of the property owner, lessee or occupant, as applicable.
M.
Newspaper, mixed paper products and corrugated cardboard
products shall be compacted and tied securely in separate bundles
with a rope or cord sufficient in strength to facilitate handling
and in a manner to prevent scattering. Newspaper, mixed paper products
and corrugated cardboard products shall not be commingled but shall
be tied and bound separately. The bundles or packages shall be of
a size and weight to permit ease of handling by one person and shall
not exceed 50 pounds in weight. No more than eight separately tied
bundles of corrugated cardboard products shall be collected per unit
per pickup. No newspaper or mixed paper products shall be collected
in plastic bags.
N.
No recyclable containers or bundles of newspaper or
mixed paper products shall be placed at the curb earlier than 5:00
p.m. of the day preceding the day of collection. No person shall allow
or permit any empty containers to remain on the curb or any part of
the street, sidewalk or adjacent property for more than 12 hours after
the contents thereof have been collected.
O.
No person shall throw, lay, deposit or leave in any
vacant lot or open space, yard, street, avenue, alley, highway, sidewalk,
parking space or lot any item of recyclable material in any manner
contrary to the provisions of this chapter.
P.
Recyclable materials shall be the property of the
City of Long Branch once placed at the curbside or brought to the
City's recyclable dropoff center. It shall be a violation of this
section for any person unauthorized by the City to pick up or cause
to be picked up recyclable materials after they are placed at the
curbside or brought to a dropoff center. Each such collection and
violation hereof shall constitute a separate and distinct offense
punishable as hereinafter provided.
Q.
Notwithstanding the provisions of Subsection P above, any owner, lessee or occupant of any property within the City may donate or sell its recyclable materials to any person, whether or not operating for profit. Said person shall not, however, pick up such recyclable materials at curbside or at any dropoff center.
R.
Any private haulers collecting recyclable materials
from any property not serviced by the City's recyclable collection
program shall register with the Recycling Coordinator, providing the
name, address and phone number of their company and the name and address
of the property or establishment from which they are collecting recyclable
materials.
S.
All owners, lessees or occupants, as applicable, of
property not serviced by the City's recycling collection program shall
register with the Recycling Coordinator the name and address of the
private hauler with whom such person has contracted to provide recycling
collection services.
T.
It shall be mandatory for all haulers of recyclable
materials from residential or nonresidential properties not serviced
by the municipal recycling program to provide a record to the City's
Recycling Coordinator of the types and quantities of materials recycled.
Weight receipts and/or letters on official company stationary should
clearly describe the quantity and disposition of each material.
U.
It shall be a violation of this chapter to transport
or import into the City any recyclable materials for the purpose of
dumping the same, or placing the same for municipal collection, within
the City of Long Branch. It shall also be a violation of this chapter
to deposit at the City's recyclable dropoff center any recyclable
materials that were not utilized within the City.
A.
All of the requirements set forth in § 293-6 above shall apply to qualified private communities and multifamily dwellings located within the City.
B.
The City of Long Branch shall provide for the collection and disposal of certain recyclable materials, as designated in this chapter, from all qualified private communities and multifamily dwellings located within the City, under the same terms and conditions set forth in § 293-6, except as modified hereunder.
C.
As an alternative to providing recyclable collection
services to qualified private communities and multifamily dwellings,
the City may determine to provide a reimbursement payment on an annual
basis to a qualified private community or multifamily dwelling for
the actual cost of providing such services. Under no circumstances,
however, shall this reimbursement payment be higher than the amount
that the City would have expended on the services if the City had
provided the services directly to the qualified private community
or multifamily dwelling, calculated as if the dwelling units were
located along roads and streets and the service provided curbside.
D.
If the City determines that it wishes to provide a
reimbursement payment to the qualified private community or multifamily
dwelling for the actual cost of providing such services, then the
terms and conditions governing such payment shall be set forth in
a written agreement to be entered into between the City and the qualified
private community or multifamily dwelling. Such agreement shall be
in the form required by N.J.S.A. 40:67-23.1 et seq., or N.J.S.A. 40:661.4
et seq., as applicable.
E.
Should the City opt to provide the above-referenced
reimbursement payment to a multifamily dwelling, then such payments
shall be phased in over a five-year period in accordance with the
percentage requirements set forth in Section 4, P.L. 2001, c. 25 (N.J.S.A.
40:66-1.5).
F.
If the City determines to provide such services directly
to the qualified private community or multifamily dwelling, then the
City shall provide the services in the same fashion as the City provides
on the public roads and streets to other properties within the City,
in accordance with the schedule to be determined by the Department
of Public Works.
G.
Nothing contained herein shall require the City to
enter upon private property to provide the services enumerated in
this Section, or to operate any City owned or leased vehicles or any
other equipment, or to provide any of the services referenced herein
upon along or in relation to any road or street in any qualified private
community or multifamily dwelling which either:
H.
Notwithstanding the provisions contained in Subsection G above, the City may determine to enter upon private property or to operate City owned or leased vehicles or other equipment and to provide the services referenced herein upon, along or in relation to any road or street which does not qualify under the requirements of Subsection H, so long as:
(1)
The qualified private community or multifamily dwelling
enters into a written indemnity and hold harmless agreement with the
City, in a form to be approved by the City Attorney; and
(2)
The qualified private community or multifamily dwelling
presents proof satisfactory to the City Attorney that the City has
been listed as an additional insured on the liability insurance policies
covering the qualified private community or multifamily dwelling;
and
(3)
The qualified private community or multifamily dwelling
pays the cost of any insurance rider(s) required by the City to enable
municipal vehicles to operate on private roads and streets within
the qualified private community or multifamily dwelling; and
(4)
The qualified private community or multifamily dwelling
performs such other matters as are required by the City which shall
be set forth in the written agreement referenced above.
The position of Recycling Coordinator is hereby
created and established within the Division of Solid Waste. The Recycling
Coordinator shall perform such duties and responsibilities as are
required to facilitate the orderly process of collection and disposal
of recyclable materials within the City, under the supervision and
direction of the Director of the Department of Public Works. The Recycling
Coordinator shall make recommendations to the Director of the Department
of Public Works concerning the promulgation of reasonable rules and
regulations for recycling, the days and times for collection of recyclable
materials, the sorting, transportation, sale and/or marketing of recyclable
materials, and shall perform such other duties as required by the
Director of the Department of Public Works.
