[Adopted 12-18-2007 by Ord. No. 130-2007; amended in its entirety 9-18-2012 by Ord. No. 256-12]
The New Jersey Mandatory Source Separation and Recycling Act
mandates the separation, collection and disposition of designated
recyclable materials. The City recognizes that the cost of disposing
of solid waste is increasing while available landfill facilities are
decreasing. The reduction of the amount of solid waste and conservation
of recyclable materials are important public concerns because of the
growing problem of solid waste disposal and its dramatic impact on
the environment. Additionally, reduction of the amount of solid waste
generated and an increase in source separation and recycling of solid
waste materials will extend the life of existing landfills. The collection
of used materials, for the purpose of recycling, from residences,
businesses, and institutions in the City of Cape May will serve the
general public interest from a financial and environmental perspective.
It is the intention and desire, therefore, of the City to provide
a mechanism for the proper collection, removal and disposition of
all solid waste and recyclable materials, and to promote and encourage
the fullest possible citizen participation in this program.
For the purpose of this article, the following terms, phrases
and words and their derivatives shall have meanings given herein:
All properties in which any commercial enterprise or business
is operated and/or licensed, but not including single-family rental
units such as houses, apartments and condominiums.
Combining of nonputrescible source-separated recyclable materials
for the purpose of recycling.
That portion of City property on the property owner's side
of the street curb, usually between the curb and sidewalk, but not
including the sidewalk, where no containers or other obstructions
to pedestrian passage may be placed.
Waste building materials, packaging, rubble resulting from
construction, remodeling, repair, alteration, and/or demolition operations
on pavements, houses, all residential and nonresidential developments,
and other structures and may include, but not be limited to, concrete,
asphalt, wood, metals, bricks, block masonry, wallboard, dirt, rocks,
loadscape waste and other inert waste.
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.
These materials cannot be deposited in the landfill and include:
Materials to be set out at curbside, Category 1:
Paper products: all uncontaminated paper material, including
newspaper with inserts, magazines, office paper, junk mail, including
shredded paper, telephone and paperback books, corrugated cardboard,
brown paper grocery bags. Paper must be free of nonpaper products,
including plastic, wax and polycoated boxes and food contamination.
Glass, food and beverage containers: clear, green and brown
food and beverage bottles and jars, excluding blue and flat glass
commonly known as window glass, mirrors, milk glass, crystal, china
and ceramic material, and light bulbs.
Metal food and beverage containers: all food and beverage containers
made of metal, including tin cans, bimetal cans, aluminum cans, aluminum
food containers and beverage containers two and one-half gallons or
less in size, including empty aerosol cans.
Plastic bottles and jugs: plastic containers that have the number
one through seven inside the chasing arrows recycling symbol printed
on the bottom of the container two and one-half gallons or less in
size, excluding Styrofoam containers. Motor oil, antifreeze and other
automotive fluid containers and other bottles which contained hazardous
products are not included; no motor oil bottles; no pesticide containers.
Christmas trees free of decorations, tree stands and plastic
bags.
Leaves free of brush, branches, small trees, bushes, soil, animal
waste and other contamination.
Grass clippings free of brush, branches, small trees, bushes
and soil.
Yard waste: trees, bushes, pruning waste and branches with a
diameter of less than four inches, excluding such waste generated
from land clearing.
White goods: large metal household and commercial appliances
such as, but not limited to, stoves, refrigerators, freezers, dryers,
hot-water heaters, microwaves and air conditioners.
Materials to be recycled by the individual generator, Category
2:
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.
Electronic waste: 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/#2 heating oil: crank-case oil and similar
oils, kerosene fuel and #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 pound to 30 pound 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 and trucks and parts
thereof.
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 NiCad (nickel-cadmium) and small sealed
lead acid batteries: small sealed batteries generated from use of
electronic equipment.
Scrap metal: refers to but not limited to such items as aluminum
siding, window frames, lawn chair frames and other clean household
and commercial aluminum, ferrous metal and tin, but not aluminum cans,
foil, trays and plates and screening.
Construction and demolition debris.
Bulky rigid plastic.
Film plastic.
Recycling material list: an updated list the Department of Public
Works of the City will maintain of recycling materials accepted by
the Cape May County Municipal Utilities Authority Regional Recycling
Program.
Boat shrink wrap, greenhouse plastic, and other pre-approved
film plastics.
Materials such as poisons, acids, caustics, harmful or dangerous
chemicals, infectious medical waste, offal, fecal matter, explosives,
highly flammable material, asbestos shingles and siding, oil-based
paints, pesticides, oil, propane tanks and any other material as defined
hazardous or prohibited waste by the Cape May County Municipal Utilities
Authority or N.J.A.C. 7:26-1, Section 2.13(d).
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the City of
Cape May.
All those materials which are discarded by placement at curbside
or alley for collection and final disposition, excluding designated
recyclable materials and hazardous waste materials.
GARBAGEThe waste produced by the handling, preparation, cooking and consumption of animal or vegetable products used for human consumption. This definition shall include any other matter that is also subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors or which, before, during and after decay, may serve as feeding or breeding material for animals or flies or other insects.
LANDFILLABLE OR LANDFILLABLE MATERIALThose materials such as trash, garbage and debris which the state, county or City has, by law or regulation pursuant to law, deemed not to be generally or economically reusable and which, therefore, are appropriate or legal for disposal in a landfill.
LITTERTrash, garbage, refuse or any other discarded material (used or unconsumed) which is discarded or thrown as herein prohibited and tends to create a danger to public health, safety and welfare.
NONRECYCLABLE BULK ITEMSItems including but not limited to furniture, carpet, spare parts and other material which, due to its large size, cannot be considered to be part of normal household nonrecyclable material.
TRASHWaste accumulations of contaminated paper, ashes, sweepings, dust, rags or nonrecyclable glass, metal or plastic, or any other nonhazardous waste material of any kind, other than garbage, which is common to residential, commercial or institutional housekeeping, excluding medical waste and used oil; and other hazardous materials.
Any trash or recycling container owned by the City, located
on public property or on property publicly controlled and to be used
for the deposit of trash or recyclables by the general public while
in the public domain.
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.
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
article, 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.
All properties, including single-family rental units such
as houses, apartments and condominiums, in which no commercial enterprise
or business is operated and/or licensed.
Newspapers, corrugated containers, magazines, white and colored
ledger (office paper), computer printout paper, telephone and paperback
books, junk mail, kraft paper (brown grocery bags), Chipboard, glass
containers/bottles (regardless of color), aluminum, tin and bimetallic
containers and cans, aluminum foil and trays, Mixed Rigid Plastics
including #1 PET, #2 HDPE, #3 PVC, #4 LHDPE, #5 PP, #6 PS and #7 Other
(regardless of color but five gallons in size or less).
All single stream material are commingled for collection
into one container instead of being sorted into separate commodities
and multiple containers.
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.
Mandatory recycling. It shall be mandatory for all persons occupying
a residence, owners/managers of business establishments, 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 borders of the City,
to source separate designated recyclable materials from the municipal
solid waste stream.
A.
Category 1 designated recyclable materials shall be placed separately
and placed curbside in a manner and on such days and times as herein
established.
B.
When 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, to any NJDEP-approved
recycling center, or to the City's Central Recycling Station, provided
that such materials are accepted by the Central Recycling Station.
A.
Category 1 designated recyclable materials must be source separated
from the municipal waste stream and placed for collection curbside
in the following manner:
(1)
Single Stream Materials.
(a)
These materials may be commingled (placed together) in the same
reusable recycling containers. No plastic or paper bags are to be
used.
(b)
The filled container shall not exceed 96 gallons in size and
100 pounds in weight.
[Amended 10-18-2022 by Ord. No. 479-2022]
(c)
All recycling containers must have a recycling sticker or the
word "RECYCLABLES," "RECYCLE" or "RECYCLING" clearly marked on the
container.
(2)
Leaves; grass clippings; yard waste; Christmas trees.
(a)
Leaves and grass clippings shall be collected in reusable marked
containers or compostable paper bags.
(b)
Leaves and grass clippings shall be collected between April
15 and December 31, one time per week on regular recycling days.
(c)
Leaves, grass clippings and yard waste are recyclable and are
not to be commingled with trash.
(d)
Residents may choose to compost leaves, grass clippings and
yard waste generated on their premises. Information on composting
may be obtained by calling the Department of Public Works.
B.
The following Category 2 designated recyclable 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.
(2)
Propane tanks.
(3)
Electronic waste.
(4)
Tires.
(5)
Antifreeze.
(6)
Batteries.
(7)
Used motor oil.
(8)
Kerosene/#2 heating oil.
(9)
Asphalt and concrete.
(10)
Auto and truck bodies.
(11)
Contaminated soil.
(12)
Cooking grease.
(13)
Consumer rechargeable NiCad and small sealed lead acid batteries.
(14)
Bulky rigid plastic.
(15)
Film plastic.
A.
All designated recycling materials containers and nonrecycling materials
containers shall:
(1)
Be reusable and made of a durable, weather-resistant, metal or plastic,
with watertight secured lids;
(2)
Have a capacity of not more than 96 gallons;
[Amended 10-18-2022 by Ord. No. 479-2022]
(3)
Not exceed 100 pounds in weight when filled with their contents;
[Amended 10-18-2022 by Ord. No. 479-2022]
(4)
Be kept clean, free from liquids, and be of safe construction and
design maintained in good repair, clean and safe condition.
B.
Designated recycling materials containers must have attached in a
clearly visible fashion to the side of the container a recycling sticker,
or have the word "RECYCLABLES," "RECYCLE" or "RECYCLING" clearly marked
on the container. Recyclable brown paper bags and corrugated boxes
may also be used to contain mixed paper only.
C.
Bags (plastic, paper, burlap or otherwise) shall not be used for
the deposit of residential or commercial nonrecyclable materials unless
the bags are placed in approved containers with secure lids.
D.
All persons, firms, businesses, partnerships, corporations (including
condominium associations), every residence, commercial establishment
and public or private institution in the City shall, at all times,
have an appropriate and adequate number of approved containers for
storage and collection for both recyclable material and nonrecyclable
materials.
A.
All persons, corporations, partnerships and associations shall place
at curbside or alley for collection designated recyclable materials
and nonrecyclable materials containers in accordance with the following
requirements:
(1)
No earlier than 6:00 p.m. on the day prior to collection and no later
than 7:00 a.m. on the day of collection.
(2)
At curbside for collection between the sidewalk and the curb, but
shall not impede pedestrians. In the event there is insufficient area
between the sidewalk and curb, containers may be placed in the street
at least two feet from the curb, but shall not extend into a lane
of vehicular traffic, bicycle path, or so as to impede vehicular traffic.
In all cases, such containers shall be easily and safely accessible
to collectors.
(3)
All containers must be removed as soon as possible on the day of
collection.
(4)
All containers shall be stored so as not to be visible from the street
or other public place.
B.
No person, corporation, partnership or association shall place or
cause to be placed any designated recyclable material, nonrecyclable
material, hazardous waste materials or any container or receptacle
containing such material in, on or near the following:
(1)
Any storm drain/drainage ditch opening or so close thereto as to
be drawn by the elements into the drain.
(2)
Any gutter so as to cause blockage of stormwater flows or possible
blockage of storm drainage systems if carried by elements into the
drain.
(3)
Any lot, property, public street, sidewalk, alley, boardwalk, beach
or other private place except as herein permitted.
C.
It shall be unlawful and a violation of this article to fail to remove
such materials if instructed by appropriate officials of the City
of Cape May.
D.
All persons, businesses, corporations, partnerships and associations
that generate more designated recyclable materials and nonrecyclable
materials than can be safely stored and placed for collection in approved
containers shall be required to provide for private collection, removal
and delivery of designated recyclable materials and nonrecyclable
materials to the Cape May County Intermediate Processing Facility
in Woodbine.
No person, corporation, partnership or association, except employees
or agents of the City in their official capacity, shall:
A.
Overturn, spill, scatter, root through or pull apart any recyclable
material or nonrecyclable material or material container.
B.
Pick up or cause to be picked up or collect any recyclable materials
or nonrecyclable material which has been placed for collection. Each
such collection shall constitute a separate and distinct offense.
C.
Place any recyclable material or nonrecyclable material into any
container, receptacle or bundle without the prior approval of the
owner or lessee of the container.
D.
Place or cause to be placed any recyclable material or nonrecyclable
material into a public use container, if the materials are generated
by activities occurring on a premises of a private residence or commercial
establishment, without the prior approval of the Department of Public
Works.
A.
Delivery to recycling station.
(1)
Owners, operators, occupants, or designated representatives of commercial
properties and residential properties in the City may deliver recyclable
materials to the City's Central Recycling Station during times and
under terms to be set forth by the Department of Public Works.
(2)
All vehicles transporting designated recyclable materials must do
so in a manner that will prevent materials, such as paper and cans,
from flowing out of the vehicle and littering the roadside. Open trucks
or similar vehicles must be covered with a tarpaulin or similar material
while en route to recycling drop-off facilities.
(3)
Owners, operators, occupants, or designated representatives must
present a valid driver's license, tax bill, mercantile license or
utility bill to verify that they are an owner, operator, occupant,
or designated representative of residential properties or commercial
properties. An identification system may be established by regulations
of the Department of Public Works Superintendent.
(4)
Contractors and private haulers are not permitted to use the City
of Cape May Central Recycling Station and must deliver recyclable
materials to the Cape May County Transfer Station in Burleigh or the
Cape May County Intermediate Processing Facility in Woodbine.
B.
The Central Recycling Station will accept the following recyclable
materials:
(1)
Paper products.
(2)
Glass food and beverage containers, metal food and beverage containers
and plastic bottles and jugs.
(3)
Leaves, grass clippings and yard waste. All branches and trees must
not exceed six feet in length and not be over four inches in diameter.
No tree stumps will be accepted. All leaves must be bagged or tarped
and emptied into dumpsters (no trash bags are permitted in dumpsters).
(4)
White goods.
(5)
Light iron materials.
(6)
Bulky rigid plastics. A list of rigid plastics materials accepted
by the Central Recycling Station shall be maintained by the Recycling
Coordinator.
(7)
Shrink wrap.
C.
Usage. The Central Recycling Station is provided as a convenient
recycling drop-off location and does not suspend or relieve any person,
owner, operator, occupant, or designated representative of commercial
property or residential property of compliance with the provisions
of this article.
The owner of each property shall be responsible for compliance
with this article. For multifamily units, including but not limited
to condominium complexes and seasonal hotel/motels and guest houses,
the management, owner, and/or condominium association is responsible
for establishing and maintaining the recycling system, including collection
of source-separated 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.
A.
All commercial, business or industrial facilities shall be required
to comply with the provisions of this article.
B.
The arrangement for collection of all categories of designated mandatory
recyclables hereunder shall be the responsibility of the commercial,
institutional or industrial property owner or its 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 its
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, 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.
A.
Any application to the Planning Board or the Zoning Board of Adjustment
of the City of Cape May, 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 City of Cape May for any development approved by the Planning Board or Zoning Board of Adjustment of the City of Cape May pursuant to Subsection A, the owner thereof 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 for those locations or properties where the municipality does not otherwise provide this service.
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 information on the anticipated
amount of debris to be generated and recycled and provisions for the
recovery of all designated recyclable materials generated during construction,
renovation and demolition activities, as well as public events. Those
applicants who do not comply with the pre-construction requirement
will not be issued a building or demolition removal permit. The applicant
is required to submit information at the conclusion of their project
documenting the actual amount of waste disposed and recycled.
The Municipal Recycling Coordinator shall review the information
submitted pursuant to this article 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 Public
Works Superintendent 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 article for any owner or permit holder to fail
to comply with the recycling requirements set forth herein.
If any section, paragraph, subsection, clause or provision of
this article shall be adjudged by a court of competent jurisdiction
to be invalid, such adjudication shall apply only to the section,
paragraph, subsection, clause or provision so adjudged, and the remainder
of this article shall be deemed valid and effective.
The City Council is hereby authorized by resolution to promulgate,
from time to time, additional rules and regulations relating to the
source separation, preparation, placement and collection of designated
recyclable materials pursuant to the provisions of this program and
article; provided, however, that such rules and regulations shall
not be inconsistent with terms and provisions of this article and
shall be approved by the City Council. Such rules and regulations
shall be duly promulgated subsequent to publication so that the public
has had notice thereof.
A.
The Code Enforcement Officer, Recycling Coordinator, Cape May Police
Department and Cape May County Health Department shall be the enforcing
agents for this article, and shall issue written warnings and summonses
for violations of this article.
B.
The Cape May County Health Department ("CMCHD") shall be empowered
to enforce the provisions of this article. The City shall retain primary
enforcement responsibility, with the CMCHD serving in a secondary
enforcement role which includes authority to inspect commercial establishments.
All aspects of this article will be effective immediately upon
adoption with the exception of the single stream recycling requirements
which will be effective upon notification by the Cape May County Municipal
Utilities Authority that they are properly prepared for this transition.
