[HISTORY: Adopted by the Board of Commissioners (now Mayor and Council) of the Borough of Bradley Beach 4-7-1987 (Ch. XXII of the 1974 Code). Amendments noted where applicable.]
On and after October 1, 1987, it shall be mandatory for all persons, except those physically disabled who are owners, lessees and occupants of residential property, to separate leaves, newspapers, glass bottles and jars, and aluminum cans as hereinafter defined from all other solid waste produced by such residence for collection and ultimate recycling of said material. On or after April 1, 1988, tin and bimetal cans shall be included on the list of items which must be separated for collection and ultimate recycling of solid material.
On or after April 1, 1988, it shall be mandatory for all owners, lessees and occupants of business and industrial property and of private, public and governmental institutions and buildings to separate leaves; newspaper; tin and bimetal cans; glass bottles and jars; aluminum; corrugated cardboard and/or high-grade paper from all other solid waste produced by said nonresidential establishments for collection and the ultimate recycling of said material.
On and after October 1, 1988, all demolition materials, including but not limited to asphalt, concrete and wood wastes, will not be accepted at the county landfill and therefore must be separated from other waste for recycling.
On and after the adoption of this chapter, and in accordance with existing state regulations (N.J.A.C. 14A:3-11), all service stations, oil retailers and motor vehicle 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.
Available scientific evidence indicates that the family of substances known as chlorofluorocarbons, when discharged into the atmosphere, degrade the earth's layer of ozone, allowing increased amounts of ultraviolet radiation to penetrate the atmosphere, posing an acute and immediate danger to human health, life, and the environment, including those of this Borough. Scientific evidence also indicates that the resulting increase in ultraviolet radiation may already have caused an increase in the incidence of skin cancers and other serious illnesses. Scientific evidence also indicates that the resulting degradation of the ozone layer is a major contributor to global warming. One source of atmospheric release of chlorofluorocarbons is through use of these substances in the manufacture of some polystyrene foam (commonly known as "styrofoam") products.
The United States of America, the State of New Jersey, the County of Monmouth and the Borough of Bradley Beach are facing a solid waste disposal crisis as available landfill space is rapidly depleted. This crisis requires that materials such as polystyrene foam products, that contribute directly to the reduction of landfill space due to their chemical and physical characteristics, be eliminated from the waste stream.
Polystyrene foam is nearly immune to biological decomposition. Thus, when products made from polystyrene are deposited in landfills, they consume space for generations. Polystyrene foam also resists compacting and therefore consumes more landfill space than comparable products made from other types of materials, such as paper.
The presence of polystyrene foam products, which are virtually immune to decomposition, in the waste stream increase the need for incinerators, such as resource recovery facilities. Available scientific evidence indicates that incineration of polystyrene foam products creates the substance dioxin as a product of combustion. Scientific evidence also indicates that dioxin is, at the least, a carcinogenic and mutagenic substance.
The people of the Borough of Bradley Beach, through the Borough Council, support international, federal and state bans on all uses of polystyrene foam not deemed absolutely essential. Until those bans are in effect, responsible action to reduce polystyrene foam use and to alert the public to the dangers and problems posted by this substance must be undertaken at the local level.
There are readily available recyclable or biodegradable substances or alternatives for polystyrene foam products that adequately service the needs of retailers and consumers.
Retail establishments within the Borough of Bradley Beach are points of origin for a substantial volume of polystyrene foam products.
For all of the aforementioned reasons, that the use of polystyrene foam products poses a threat to the environment in and around the Borough of Bradley Beach. Further the Borough Council finds that the use stream within the Borough is so large and diverse that any program to establish policies and laws conducive to waste management in lieu of landfilling must identify and set a new policy for those specific sources within the Borough of Bradley Beach that generate waste packaging.
Therefore, the Borough Council of the Borough of Bradley Beach finds that it is in the interest of public health and welfare to restrict the amount of polystyrene foam products used within the Borough of Bradley Beach, thereby reducing the health and environmental hazards created by the manufacture and use of these products.
[Amended 10-13-1987; 10-23-1990]
As used in this chapter, the following terms shall have the meanings indicated:
- ADDITIONAL ACTION
- Shall mean, but not be limited to, the removal or addition of packaging or any item from or to that food product.
- Includes all disposable items made of aluminum, including aluminum containers used for soda, beer or other beverages, foil, wrappers, containers for prepared food, screen frames and lawn chairs.
- CORRUGATED CARDBOARD
- Includes cardboard of the type used to make cardboard boxes, cartons, pasteboard and similar corrugated and kraft paper material.
- Includes all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matters; excluding, however, blue or flat glass commonly known as "window glass."
- HIGH-GRADE PAPER
- Includes white and/or off-white stationery, photocopy and computer paper.
- Includes paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are all magazines or other periodicals as well as all other paper products of any nature whatsoever.
- All food-related packaging, including, but not limited to, wrappings, containers, boxes, cups, plates, trays or utensils.
- POLYSTYRENE FOAM
- That family of plastic products defined by their chemical composition as polystyrene foam (including, without limitation, those commonly known as "styrofoam") which:
- READY FOR SALE CONDITION
- That condition wherein the polystyrene foam packaging or product in polystyrene foam packaging is ready to be sold, conveyed, or provided by the retail establishment for use by the ultimate consumer with no additional action by the retail establishment.
- RETAIL ESTABLISHMENT
- All facilities, both public and private, profit and not-for-profit, located within the Borough of Bradley Beach, which sell, convey, give, or provide any product in packaging, individually or in bulk, for use by the ultimate consumer. "Retail establishment" shall include, but not be limited to, any fixed or mobile restaurant; drive-in food shop; coffee shop; cafeteria; short-order cafe; delicatessen; luncheonette; grill; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; take-out prepared food shop; industrial feeding establishment; catering kitchen; commissary; grocery store; public market; food stand; convenience store; retail store; or similar facility. It shall not include residences located within a residential zone as delineated on the Zoning Map of the Borough of Bradley Beach.
- SOLID WASTE
- Includes all garbage and rubbish normally produced by the occupants of commercial, industrial and residential property and disposed of by private or public pickup.
- TIN AND BIMETAL CANS
- Includes all disposable cans made of tin, steel or combination of metals, including but not limited to those containers commonly used for the storage of food products.
The position of Recycling Coordinator is hereby created and established within the Borough of Bradley Beach.
The Recycling Coordinator shall be appointed by the Borough Council for a term of one year expiring December 31 of each year. The term of the person first appointed as Recycling Coordinator shall expire December 31 of the year of that person's appointment.
The Recycling Coordinator, subject to the approval of the Borough Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and/or marketing of said recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Borough of Bradley Beach. The rules and regulations shall include provisions requiring multiple-dwelling units and complexes of four or more units (including but not limited to rooming houses, condominium complexes and apartment houses and complexes) to provide separate facilities for the storage of recyclable materials for collection.
The Borough Council may use municipal personnel to collect recyclable material set forth herein at curbside and/or from a dropoff center and shall sell said recyclable material if a market exists therefor pursuant to N.J.S.A. 40A:11-1 et seq.
The Borough Council may elect to enter into agreements with qualified persons or corporations authorizing them to collect said recyclable material at curbside or from a dropoff center and to sell said recyclable material, provided the amount of money realized exceeds the cost of collection.
Recyclable material as defined herein shall be the property of the Borough of Bradley Beach once placed on the curbside or brought to a dropoff center.
It shall be a violation of this chapter for any person unauthorized by the Borough Council to pick up, or cause to be picked up, said recyclable material as defined herein. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
Anything herein to the contrary notwithstanding, any person, partnership or corporation who is owner, lessee or occupant of a residential or nonresidential property may donate or sell said recyclable material as defined herein to any person, partnership or corporation whether or not operating for profit. Said person, partnership or corporation, however, shall not pick up said recyclable materials at curbside or at a dropoff center.
Any person, firm or corporation who violates or neglects to comply with any provision of this chapter or any rule or regulation promulgated pursuant thereto shall be punishable, upon conviction thereof, by the maximum penalty included in Chapter 1, Article II, General Penalty of this Borough Code.
[Amended 2-8-2005 by Ord. No. 2005-2; 4-26-2005 by Ord. No. 2005-12]
The Recycling Coordinator, the Police Department, and the Code Enforcement Officials of the Borough of Bradley Beach shall be empowered to enforce this chapter.
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
Within the Borough of Bradley Beach, no retail establishment shall sell, convey, give or provide any product in polystyrene foam packaging, individually or in bulk, to any ultimate consumer if such packaging is composed, in any part, of polystyrene foam.
No retail food establishment located and doing business within the Borough of Bradley Beach shall sell, give or provide eating utensils or containers or cups or plates to any consumer within the Borough of Bradley Beach if such utensil or container is composed of polystyrene or polyvinyl chloride or chlorofluorocarbon.
Exemptions are as follows:
Any flexible transparent covering for uncooked or raw meat, poultry, raw fish, hard cheese, cold cuts, fruits and vegetable produce, baked goods, or bread.
Any food packaging used at hospitals or nursing homes.
Any paper or other cellulose-based packaging that is coated with polyethylene plastic on only one side.
Any plastics covers, covering material, food containers, lids, eating utensils, or straws that are not made of polystyrene or polyvinyl chloride.