[Adopted 3-16-1987; amended in its entirety 12-15-1998 by Ord. No. 94-98]
A. 
Proper management of solid waste is an important matter of public health and safety. The source separation and recovery of certain recyclable materials will serve the public interest by conserving energy and natural resources and reducing waste disposal expenses. In accordance with the requirements of the New Jersey Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the 2009 update to the Monmouth County Solid Waste Management Plan, it is therefore necessary to update and amend existing municipal rules and regulations for the separation, storage, collection and recovery of designated recyclable materials.
[Amended 6-1-2010 by Ord. No. 9-2010]
B. 
It shall be mandatory for all persons who are owners, lessees and occupants of residential property, of business and industrial properties, and of private or public and government institutions and buildings to separate newspaper, corrugated cardboard, clean mixed paper, aluminum cans, tin and bimetal cans, glass bottles and jars, and pourable plastic bottles ("designated recyclables") from all other solid waste produced by such residences and establishments, for the separate collection and ultimate recycling of such materials.
[Amended 6-1-2010 by Ord. No. 9-2010]
C. 
Automotive and other vehicle or wet-cell batteries, used motor oil and antifreeze shall not be disposed of as solid waste. Such items are to be kept separate from other waste materials and recyclables and brought to local service stations or scrap yards which shall post a sign informing the public that they are permitted to accept such products.
[Amended 6-1-2010 by Ord. No. 9-2010]
D. 
Leaves and grass clippings.
(1) 
Leaves must be disposed of by the property owner and will not be collected by the Borough of Sea Bright and not included in regular garbage collections.
(2) 
Leaves shall be kept separate from other vegetative waste. Grass clippings shall not be placed with other materials or solid waste collection. This requirement shall not prohibit any person or establishment from making arrangements to collect leaves and grass directly from their property through their own efforts or via contract with a landscape service or other appropriate company, for direct transportation to a permitted recycling operation.
[Added 6-1-2010 by Ord. No. 9-2010]
E. 
Building or demolition debris. Anyone producing debris such as broken concrete, asphalt, building scraps, rocks and other large and hard to handle materials must dispose of it properly in accordance with county and/or state requirements.
[Amended 6-1-2010 by Ord. No. 9-2010]
(1) 
The following bulky recyclables shall not be placed with solid waste at the curbside or in containers provided for waste collection and transportation to a disposal facility: concrete, asphalt, brick, block, tree stumps, tree limbs over three inches in diameter, metal appliances or bulk metal items larger than one cubic foot and/or heavier than five pounds.
(2) 
The Borough Construction Official shall issue construction demolition permits only after the applicant has provided a debris management plan identifying the estimated number and types of containers to be used for the handling of all solid wastes and recyclables generated during the project and arrangements for the proper disposition of the generated materials.
(3) 
Notwithstanding the specific statutory and regulatory requirements allowing exemptions to the general source separation requirements, generators and haulers of bulk waste from construction, renovation and demolition sites may mix the mandated bulky recyclables with bulky waste materials in a single container, without seeking specific exemption from the Borough, provided that they can demonstrate that the load of mixed bulky waste and recyclables was brought to a licensed material recovery facility (MRF) with suitable arrangements for the recovery of mandated and other recyclables from the mixed waste (e.g., copy of dumping ticket from MRF disposal site).
(a) 
This exemption is subject to revision based on continuing experience.
(b) 
Quantities of the corrugated cardboard boxes from windows, lighting fixtures, appliances and other items commonly delivered to construction or renovation projects are not to be included in bulky waste loads; this material is difficult to separate if placed with other bulky waste and must be handled and stored separately.
(c) 
Any applicant for a construction or demolition permit for any property within the Borough shall be required to provide a debris management plan to the Construction Official for handling solid wastes and recyclables generated during such activity, including the estimated number and types of containers to be used and the disposition of such materials.
F. 
It shall be mandatory for all multifamily complexes, businesses, institutions and nonresidential establishments not served by the Borough’s recycling program to provide an annual report to the Borough with, at a minimum, the arrangements made for both solid waste and recyclables collection services, including the size, number and location of storage containers, frequency of pickup service, the name and address of any contractors hired to provide such service, and phone number and other contact number for the contractor. Any multifamily complex, business or institution not provided recyclables collection service by the Borough shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables. The report shall be prepared upon such forms as shall be promulgated by the Recycling Coordinator and shall be filed with the Recycling Coordinator for each calendar year not later than 15 days following the expiration of each such calendar year. Weights, receipts and/or letters on official company stationery shall clearly describe the quantity and disposition of each material included in the report.
[Amended 6-1-2010 by Ord. No. 9-2010]
G. 
Batteries; computers, televisions and other electronic goods.
[Amended 6-1-2010 by Ord. No. 9-2010]
(1) 
Common, nonrechargeable dry-cell batteries, commonly labeled "A," "AA," "AAA," "C," "D" and "9-volt," may be disposed with regular municipal solid waste; however, rechargeable dry-cell and button batteries still contain significant amounts of various toxic metals, including mercury, and shall be separated and brought to retail outlets or publicly operated recycling facilities providing specific arrangements for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.
(2) 
As of January 1, 2011, computers, computer monitors and other related electronic hardware, as well as analog and digital televisions, are prohibited from being placed with other solid waste disposal. These and other electronic devices shall be kept separate and brought to retail outlets or publicly operated recycling facilities providing specific arrangements for shipment of these items to appropriate processing facilities.
H. 
Appliances and white goods.
[Amended 2-6-2001 by Ord. No. 2-01]
(1) 
It shall be the responsibility of property owner to properly dispose of white goods (large metal appliances).
(2) 
Residential appliance and white goods collection.
(a) 
Appliances and white goods (washer, dryer, refrigerator, air conditioner, hot-water heater, stove, sink, tub, etc.) will be collected in accordance with the following.
(b) 
Prior to placing any appliance at the curbside for collection, the owner, tenant or resident of the premises shall complete a form provided by the Borough Clerk and pay a permit fee in order to obtain a removal permit. The permit fee shall be set annually by resolution of the Sea Bright governing body. At such time or shortly thereafter, a date for collection will be arranged. The removal permit shall be affixed to the item to be removed. Before placing any appliance at the curbside for collection, all doors must be removed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
I. 
It shall be mandatory for all commercial and residential construction sites to separate asphalt shingles for recycling.
J. 
All recyclable materials collected by the Borough (commingled bottles, plastics, cans and newspapers/cardboard) cannot be in bags. Newspaper and cardboard must be flat, bundled and tied. Commingled bottles, plastics and cans must be in receptacles at curbside.[1]
[Added 6-19-2001 by Ord. No. 12-01; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: Former Subsection K, added 6-1-2010 by Ord. No. 9-2010, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 6-1-2010 by Ord. No. 9-2010]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.
ALUMINUM CANS
All disposable cans made of aluminum used for food or beverages. Specifically excluded are aluminum foils, pie tins, trays, cookware and other aluminum products.
CLEAN MIXED PAPER
High-grade bond paper, mixed office and school papers, such as stationery, construction paper and writing tablets, including computer printouts, magazines, gift-wrapping paper, softcover books, junk mail and single-layer cardboard (chipboard). Specifically excluded are carbon papers, hardcover books (unless cover and binder are removed), paper cups and plates, food wrappers or any other paper contaminated by direct contact with food products, and paper products used for personal hygiene, such as tissues.
CORRUGATED CARDBOARD
Layered cardboard, including a waffled section between the layers, of the type commonly used to make boxes and cartons. Specifically excluded are waxed cardboard and any cardboard contaminated by direct contact with food, such as pizza boxes.
GLASS BOTTLES AND JARS
Transparent or translucent containers made from silica or sand, soda ash and limestone, used for the packaging or bottling of various products. Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.
NEWSPAPER
Shall mean and include paper of the type commonly referred to as "newsprint" and includes any inserts which are normally included in the newspaper. Specifically excluded are any pages of the newspaper used for household projects and crafts, such as painting or paper mache projects, or used for cleanup of pet waste.
POURABLE PLASTIC CONTAINERS
Bottles where the neck is smaller than the body of the container, and is limited to plastic resin type No. 1 PET and plastic resin type No. 2 HDPE. Specifically excluded are other resin types (No. 2 through No. 7) and nonbottle plastic containers such as margarine tubs and other consumer items and packages, such as film plastics, blister packaging, boxes, baskets, toys and other products.
SOLID WASTE
All garbage and rubbish normally produced by the occupants of commercial, industrial and residential property.
TIN AND BIMETAL CANS
All disposable cans made of tin, steel or a combination of metals, including, but not limited to, containers commonly used for food products. Specifically excluded are cans which contain toxic products, such as paints and oils.[1]
[1]
Editor's Note: Former § 178-8, Municipal Drop-Off Center, amended 6-19-2001 by Ord. No. 12-01, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The position of Recycling Coordinator is hereby created and established within the Borough of Sea Bright.
B. 
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.
C. 
The duties of Recycling Coordinator shall include, but are not limited to, the preparation of annual or other reports as required by state and county agencies regarding local solid waste and recycling programs, reviewing the performance of local schools and municipal agencies in conducting recycling activities, periodic review of local residential and business recycling practices and compliance, review and recommendation on local subdivision and site plan submittals and local construction and demolition projects for appropriate waste disposal and recycling provisions and/or marketing of designated recyclable materials in order to encourage the preservation of community resources while minimizing the cost of the recycling program to the Borough, reports to the governing body on the implementation and enforcement of the provisions of this article, the promulgation of reasonable rules and regulations as to the Borough’s recycling program, subject to the approval of the Borough Council, and such other reports and activities as may be requested by the governing body.
[Amended 6-1-2010 by Ord. No. 9-2010]
D. 
The Recycling Coordinator shall be required to comply with the certification requirements for municipal recycling coordinators, as established by the State of New Jersey. The Recycling Coordinator shall have completed or be in the process of completing the requirements for certification as a certified recycling professional (CRP) no later than January 13, 2012, as required by the New Jersey Recycling Enhancement Act.[1]
[Added 6-1-2010 by Ord. No. 9-2010]
[1]
Editor's Note: See N.J.S.A. 13:1E-96.2 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The Borough Council may use municipal personnel to collect recyclable material set forth herein at curbside and shall sell said recyclable material if a market exists therefor, pursuant to N.J.S.A. 40A:11-1 et seq.
B. 
The Borough Council may elect to enter into agreements with qualified persons or corporations authorizing them to collect said recyclable material at curbside and to sell said recyclable material.
A. 
All designated recyclables become the property of the Borough and/or contracted collector once placed at curbside.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
It shall be a violation of this section for any unauthorized persons to pick up any recyclable materials as defined herein. Each such collection shall constitute a separate and distinct offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Notwithstanding anything herein to the contrary, any person may donate or sell self-generated recyclable materials to any persons, partnership or corporation, whether or not operating for profit. The persons, partnership or corporation, however, shall not pick up the recyclable materials at curbside.
[Added 6-1-2010 by Ord. No. 9-2010]
All receptacles required herein shall be supplied by the occupant or owner of the premises and placed prior to collection between the curb and sidewalk where they shall be readily accessible to the collector. The occupant or owner shall keep all receptacles clean and in condition for safe handling. Receptacles containing recyclable materials will be placed outside after 7:00 p.m. of the day immediately preceding the day of collection. After collection, receptacles will be removed from curbside promptly but no later than 7:00 p.m. of the day of collection.[1]
[1]
Editor's Note: Former § 178-13, Prohibited acts, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other or a group of such buildings.
RECYCLING AREA
Space allocated for collection and storage of source-separated recyclable materials.
B. 
Recyclable collection area. There shall be included in any new multifamily housing development and nonresidential establishments that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials.
(1) 
The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with this article and any state and/or county requirements adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the Municipal Master Plan.
(2) 
The recycling area shall be conveniently located for the disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
(3) 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.
C. 
Collection containers. The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collection materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
D. 
Sign requirements. Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
E. 
Landscaping of area. Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
F. 
All apartment and other multifamily complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for use by residents, students, employees, customers or other visitors, for trash and the various types of recyclables, as appropriate.
[Added 6-1-2010 by Ord. No. 9-2010]
G. 
Any company or agency providing dumpsters, roll off or other containers to any apartment or other multifamily complex with shared disposal and recycling areas, or to any business, school or other institution, or for any construction/demolition project, shall clearly mark such container for trash or for specific recyclables, as may be appropriate.
[Added 6-1-2010 by Ord. No. 9-2010]
[Amended 6-1-2010 by Ord. No. 9-2010]
A. 
Any person, firm or corporation that violates or neglects to comply with provisions of this article or any regulation promulgated pursuant thereto shall be punishable as provided in Chapter 1, General Provisions, Article I, unless otherwise specified in this article. In the case of rental property, the property owners will be responsible for the compliance with this article.
B. 
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
C. 
Enforcement.
(1) 
The duly appointed Borough Recycling Coordinator, the Monmouth County Health Department, and the Borough of Sea Bright Police Department are hereby jointly and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, business, schools and institutions, and to enforce the provisions of this article, by issuance of warnings, notices, summonses and complaints. A typical inspection may consist of sorting through containers and opening bagged solid wastes to detect the presence of recyclable materials.
(2) 
The authorized inspector may, in his or her discretion, issue a warning rather than a summons following an initial inspection(s), with a follow-up visit to determine compliance within a stated period of time.