[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat Light as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-1988 by Ord. No. 88-17 (Ch. XXI of the Revised General Ordinances); amended in its entirety 2-17-2010 by Ord. No. 2010-03]
This article shall be known and may be cited as the "Recycling Ordinance of the Borough of Barnegat Light."
The words, terms and phrases used in this article shall have the following meanings:
- ALUMINUM CANS
- Empty all-aluminum beverage and food containers.
- A container with the neck narrower then the body of the container.
- Brown corrugated boxes. It shall not include chipboard.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial purposes and those multiple-dwelling residential buildings containing more than four dwelling units.
- A combining of nonputrescible source-separated recyclable materials for the purpose of recycling; not including five-gallon buckets.
- DESIGNATED RECYCLABLE MATERIALS
- those materials designated within the Ocean County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include, but are not limited to, newspapers, mixed paper, cardboard, glass containers, aluminum cans, ferrous containers, plastic beverage containers (PET and HDPE: where the neck is smaller than the body of the container), auto batteries, motor oil, white goods, tires, leaves, stumps, tree trunks and brush.
- ELECTRONIC WASTE
- A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
- FERROUS CONTAINERS
- Empty steel or tin food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass, porcelain and ceramic products.
- Clear and colored plastic bottles made of high density polyethylene.
- INSTITUTIONAL ESTABLISHMENTS
- Those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and governmental offices.
- All foliage from trees and shrubs.
- MIXED PAPER
- Waste paper of various kinds, including magazines, junk mail, used writing paper, used office paper, and used school papers. It shall not include chipboard.
- MULTIFAMILY DWELLING
- Any building or structure, or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (See N.J.S.A. 13:1E-99.13a.) and shall include hotels, motels, or other guesthouses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
- MUNICIPAL RECYCLING COORDINATOR
- The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this article, and any rules and regulations which may be promulgated hereunder.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Borough of Barnegat Light.
- Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they have been exposed to substances or conditions rendering them unusable for recycling.
- Oil and liquid petroleum products.
- Every owner, lessee and occupant of a residence or commercial or institutional establishment within the boundaries of the Borough of Barnegat Light.
- A plastic bottle made from polyethylene terephthalate; plastic soda bottles.
- RECYCLABLE MATERIAL
- 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.
- RECYCLING FACILITY
- A facility designed and operated solely for receiving, storing, processing and transferring source-separated, nonputrescible or source-separated commingled nonputrescible metal, glass, paper, plastic containers and corrugated and other cardboard or other recyclable materials approved by the New Jersey Department of Environmental Protection.
- Any occupied single-family or multifamily dwelling having up to four dwelling units per structure from which a municipal or private hauler collects solid waste.
- SINGLE STREAM
- The combination of commingled and paper listed above in one container. Do not include plastic bags, food waste, paper towels, paper napkins, pizza boxes, egg cartons, aluminum foil, plastic cups and utensils. No plastic other than bottles. No juice boxes or bags. No garbage.
- SOLID WASTE
- Garbage, refuse and other discarded solid material normally collected by a municipal or private hauler.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
- SOURCE SEPARATION
- 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.
There is hereby established a program for the mandatory separation of the following recyclable materials from the municipal solid waste stream by all persons within the Borough of Barnegat Light, hereinafter referred to as the "municipality":
The recyclable materials designated in § 164-3 of this article shall be put in a suitable container, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality's recycling regulations. The containers for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection.
Newspapers shall be placed loosely in a recycling can with other mixed paper and cardboard, not bundled or tied, and placed at the curb or other designated area for collection at such times and dates as are established in the municipality's recycling regulations.
All persons within the municipality shall separate leaves from other solid waste generated at their premises and, unless the leaves are stored or recycled for composting or mulching on the premises, place the leaves at the curb or other designated area for collection at such times and dates and in the manner established by the municipality's recycling regulations.
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said part shall be deemed in violation of this section. The term "containerized" means the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and/or coming into contact with stormwater.
Any person may donate or sell recyclable materials to individuals or organizations authorized by the municipality in its recycling regulations. These 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 municipality'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 municipality of the total amount of material recycled during the preceding calendar year.
Refrigerators, air conditioners and other appliances that contain Freon or other CFD-laden material may be picked up by the Borough for recycling on an on-call basis for a charge of $20 per unit.
It shall be a violation of this article for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 164-3 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
The Recycling Coordinator is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for collection of the recyclable materials designated in § 164-3 of this article and such other matters as are required to implement this article. Such regulations shall take effect only upon the approval of the Borough Council by adoption of a resolution implementing the same. The Recycling Coordinator is hereby authorized and directed to enforce the provisions of this article and any implementing regulations adopted hereunder.
The Borough Council may exempt persons occupying commercial and institutional establishments from the source-separation requirements of § 164-4 of this article if those persons have otherwise provided for the recycling of recyclable materials designated in § 164-3 of this article. To be eligible for an exemption under this section, the person seeking the same shall, prior to June 1 of each year, provide written documentation to the municipality of the total amount of materials recycled during the preceding calendar year and the manner provided for its disposal.
[Adopted 9-15-2010 by Ord. No. 2010-13]
The purpose of this article is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and to prohibit the spilling, dumping, leaking, or otherwise discharge of liquids, semiliquids or solids from the containers to the municipal separate storm sewer system and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Barnegat Light or other public body, and is designed and used for collecting and conveying stormwater.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- REFUSE CONTAINER
- Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
- Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
- WATERS OF THE STATE
- means the ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Amended 10-12-2016 by Ord. No. 2016-011]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing. Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal separate storm sewer system.
[Amended 10-12-2016 by Ord. No. 2016-011]
The standards of this article do not apply to:
Litter receptacles (other than dumpsters or other bulk containers);
Individual homeowner trash and recycling containers;
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES (New Jersey Pollutant Discharge Elimination System) permit;
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
This article shall be enforced by any officer of the Borough.
Any violation of this article shall be punishable as provided in § 1-15 of the Borough Code, entitled "Violations and penalties."