A.
There is hereby established a program for the mandatory source separation of the recyclable materials designated in § 55-13 of this chapter. Municipal collection of selected recyclable materials is provided for all residences and commercial and institutional establishments within the Borough. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as institutional establishments within the Borough to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart form other solid waste generated by the owner, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Council.
B.
A municipal recycling center shall be established for the purpose
of accepting, collecting, sorting, storing and further disposing of
recyclable materials. It shall be mandatory for all persons who are
owners, tenants or occupants of residential and nonresidential properties
to deliver household recyclable materials to the municipal recycling
center, with the exception of those items designated by the Mayor
and Council as selected recyclable materials designated for curbside
pickup on specific days as set forth in this article and in the regulations
adopted from time to time by the Council.
C.
Exceptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of the Borough may exempt persons occupying commercial or institutional
establishments within the Borough from the source-separation requirements
of this chapter which require persons generating municipal solid waste
within the Borough to source separate from the municipal solid waste
stream, the specified recyclable materials if those persons have otherwise
provided for the recycling of all designated recyclable material.
To be eligible for an exemption pursuant to this chapter, a commercial
or institutional generator of solid waste shall file an application
for exemption with the municipal recycling coordinator on forms to
be provided for this purpose. The form shall include, at a minimum,
the following information: the name of the commercial or institutional
entity; the street address location and lot and block designation;
the name, official title and phone number of the person making application
on behalf of the commercial or institutional entity; the name, address,
official contact person and telephone number of the facility which
provides the service of recycling those designated recyclable materials,
and a certification that the designated recyclable material will be
recycled, and that, at least on an annual basis, said recycling service
provider or commercial/institutional generator shall provide written
documentation to the municipal recycling coordinator of the total
number of tons collected and recycled for each designated material.
D.
The Mayor, with the advice and consent of the Borough Council, shall
annually appoint a Municipal Recycling Coordinator pursuant to N.J.S.A.
13:1E-99.16.
The following materials are the designated recyclables under
this chapter:
A.
Selected recyclables for curbline collection:
(1)
Commingled: bottles and cans (includes glass or plastic bottles and
aluminum cans or tin-ferrous containers.
(2)
Newspaper.
(3)
Mixed paper (magazines, catalogues, junk mail, telephone books, used
writing paper and may be shredded).
(4)
Corrugated cardboard.
(5)
White goods: by appointment.
(6)
Electronic waste. Electronic waste may be picked up by the Department
of Public Works upon the resident of the property calling and scheduling
an appointment for the pickup. The Borough shall from time to time
set the cost of the pick up by resolution.
[Amended 10-17-2016 by Ord. No. 2016-10 (1154)]
(7)
Tree trimmings: by appointment (bundle, maximum four feet in length,
maximum 40 pounds in weight per bundle).
B.
Selected recyclables to be taken to municipal recycling center:
(1)
Batteries.
(2)
Waste oil/oil filters.
(3)
Tires.
(4)
Leaves.
(5)
Asphalt.
(6)
Brick.
(7)
Concrete blocks: by appointment.
(8)
Stumps.
(9)
Scrap metal.
(10)
Empty steel paint cans.
(11)
Fluorescent bulbs.
(12)
Textiles (clothing or similar materials).
(13)
Tree parts and brush.
(14)
All items listed in § 55-13A may be taken to the municipal recycling center. The Borough shall not accept electronic waste at the recycling center. Residents of the Borough may either have same picked up by the Department of Public Works or they may transport it to the county recycling center where they can dispose of it at no cost.
[Amended 10-17-2016 by Ord. No. 2016-10 (1154)]
C.
Hazardous material handling. Occupants shall segregate hazardous
material from all other materials. Disposition of hazardous waste
shall be as required by N.J.S.A. 13:1E-1 et seq. and N.J.A.C. 7:26-1.1
et seq.
The Borough Council shall, by resolution, establish fees and
regulations detailing the manner, day and times for the collection
and/or drop off of designated recyclables materials and such other
matters as are required to implement this chapter. Failure to conform
to such regulations shall be deemed a violation of this chapter.
Pursuant to N.J.S.A. 13:1E-92 et seq.,[1] the designated recyclable materials must be separated
by all persons within the Borough of Lavallette from other solid waste
and disposed of properly. Proper disposal shall be either placement
at the curb for collection of selected recyclables, placement in the
designated area at the municipal recycling center for other recyclables
or alternate disposal only as permitted by N.J.S.A. 13:1E-92 et seq.
Persons delivering recyclable materials to the municipal recycling
center shall furnish proof of residence when requested by Borough
personnel.
[1]
Editor's Note: See now N.J.S.A. § 13:1E-92.
Disposal of household recyclable materials in public litter
receptacles, with the exception of County Recycling Domes, is prohibited.
Persons found doing so shall be in violation of this chapter.
[Amended 12-19-2011 by Ord. No. 2011-09 (1099)]
Recyclable materials designated for municipal curbside collection
shall be placed in metal, plastic or vinyl containers. The container
shall be no more than 50 gallons in volume, and it shall not, when
filled, exceed 40 pounds in weight. For containers with lids provided,
the lid may not be attached to the container in such a manner, such
as tied with a rope, string or cord, as to cause a hazard for municipal
collection personnel. Recycling must be separated from other solid
waste, and containers must be placed at the curb or such other designated
area for collection at such times and dates as may hereinafter be
established in the municipality's recycling regulations. The container
for recyclable materials shall be clearly labeled with the appropriated
recycling label, covered and placed at the curb or such other designated
area for each collection. The use of plastic garbage bags or paper
bags of all types is prohibited, and recyclables shall be loose inside
the can.
A.
All containers containing 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 disposed
of shall be placed as noted above anytime after 7:00 p.m. of the day
immediately preceding the day of collection, but no later than 6:00
a.m. of the day of collection. After collection, any containers shall
be removed from the curbside by no later than 6:00 p.m. of the day
of collection.
B.
Containers for the storage of recyclable materials shall not be stored
forward of the front building line (and side building line on corner
lots in the Business District) of the premises unless they are off
of the sidewalk and completely obscured from public view.
C.
Containers shall be kept as sanitary as possible in view of the use
to which they are put and shall be cleaned as necessary.
D.
Under no circumstances shall municipal collection personnel pick
up designated recyclable materials that are improperly placed at the
curbline.
E.
Any recyclable materials that are placed near the curbline shall
be assumed to be placed there for collection.
F.
Designated recyclable materials from any given property must be placed
near the curbline in front of that property the evening before the
designated collection day.
G.
Any recyclable materials placed at the curbline become the property
of the Borough of Lavallette. It shall be a violation of this chapter
for any person to collect or cause to be collected such items unless
authorized by the Borough Council.
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 Borough of Lavallette any of the designated
recyclable materials. Each such collection in violation of this chapter
shall constitute a separate and distinct offense punishable as hereinafter
provided.
If any person elects to donate or sell recyclable materials
to individuals or organizations, such 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
Borough's recycling regulations. Said individuals or organizations
may not collect recyclable materials on or within the 24 hours immediately
preceding a regularly scheduled curbside collection day and shall,
prior to June 1 of each year, provide written documentation to the
Borough of the total amount of material recycled during the preceding
calendar year.
The owner of any property shall be responsible for compliance
with this chapter. For multifamily units, the management or owner
is responsible for establishing and maintaining the recycling system,
including collection of recyclable materials, in accordance with guidelines
or regulations established by the Council. Violations and penalty
notices will be directed to the owner or management, in those instances
where the violator is not easily identifiable. The management shall
issue notification and collection rules to new tenants when they arrive
and annually during their occupancy.
A.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this chapter.
B.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or its designee, unless the Borough provides for the
collection of designated recyclable materials. All commercial, institutional
or industrial properties which provide outdoor litter receptacles
and disposal service for their content shall also provide receptacles
for designated recyclable materials, for those materials commonly
deposited, in the location of the litter receptacle, and shall provide
for separate recycling service for their contents.
C.
Every business, institution, or industrial facility, which utilizes
recycling collection services other than those provided by the Borough,
shall report on an annual basis to the Recycling Coordinator, on such
forms as may be prescribed, on recycling activities at their premises,
including the amount of recycled material, by material type, collected
and recycled and the vender or vendors providing recycling service.
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.
