[HISTORY: Adopted by the Borough Council of the Borough of Bay Head 12-21-2009 by Ord. No. 2009-11. Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 83.
Littering — See Ch. 150.
Property maintenance — See Ch. 183.
Streets and sidewalks — See Ch. 209.
Editor's Note: This article also repealed former Ch. 204, Solid Waste, which was comprised as follows: Art. I, Garbage and Refuse, adopted 7-15-1986 by Ord. No. 1986-7, as amended; Art. II, Recycling, adopted 2-16-1988 by Ord. No. 1988-3, as amended; Art. III, Dumping; Storage of Waste, adopted 5-3-1988 by Ord. No. 1988-9, as amended; Art. IV, Handling of Yard Waste, adopted 9-16-2006 by Ord. No. 2006-14; Art. V, Yard Waste Collection and Disposal Program, adopted 9-19-2006 by Ord. No. 2006-15.
The words, terms and phrases used in this chapter shall have the following meanings:
- BULKY WASTE
- Large items of solid waste which, because of their size or weight, require handling other than that normally used for municipal waste. "Bulky waste" includes, but is not limited to, such items as tree trunks, automobile bodies, demolition or construction materials, appliances, furniture, and drums.
- BUSINESS AND/OR COMMERCIAL ESTABLISHMENTS
- Those properties any portion of which is used for retail or other commercial purposes.
- Rubbish, unwanted food and waste, and materials normally produced by the occupants of residential and commercial property and disposed of by private or municipal pickup.
- HAZARDOUS WASTE
- Any waste or combination of wastes that poses a present or potential threat to human health, living organisms, or the environment, including but not limited to waste material that is toxic, carcinogenic, corrosive, irritating, sensitizing, biologically infectious, explosive, or flammable, and any waste so designated by the United States Environmental Protection Agency. "Hazardous waste" includes radioactive waste, and any other substance or material defined as hazardous by the Ocean County Department of Solid Waste Management.
- INSTITUTIONAL ESTABLISHMENTS
- Those facilities that house or serve groups of people, including but not limited to schools, libraries, and governmental offices.
- Any individual, trust, firm, joint-stock company, federal agency, corporation (including a government corporation), corporate official, partnership, association, state, municipality, commission, political subdivision of a state, or interstate body.
- PLASTIC BAGS
- Heavy-gauge plastic bags at least one mil in thickness which are to be used to contain garbage.
- Any residential dwelling unit.
- SOLID WASTE
- Garbage and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials, including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.
[Amended 3-2-2015 by Ord. No. 2015-04]
There is hereby established a program for the municipal collection of garbage from all residences, commercial establishments, and institutional establishments, as well as a program for bulky waste collection from residences within the Borough of Bay Head. There shall also be a free Borough-wide bulk pickup provided during the first week in both the months of June and October.
The Borough Council shall annually, or more frequently as necessary, by resolution, establish rules and regulations for the disposal of garbage, bulky waste and the annual clean-up week 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.
Garbage placed for municipal collection shall not contain any of the designated recyclable materials.
Materials resulting from demolition, repair, excavation, construction, renovation, or similar activities performed on buildings or structures, including but not limited to plaster, mortar, lumber, roofing materials, and other similar materials, shall not be collected. The person, firm or corporation obtaining a construction permit, where applicable, shall be responsible for removing construction debris from the job site. If any person, firm, or corporation places construction debris for collection, a stop-work order shall be issued by the municipality, and no work shall continue until the construction debris has been removed by the person, firm, or corporation to whom the construction permit was issued. Persons, firms or corporations performing work that does not require a permit and that results in the accumulation of such materials shall be responsible for removing construction debris from the site.
Industrial or hazardous waste or industrial or commercial equipment shall not be collected.
Garbage shall be placed securely in heavy-gauge plastic bags and placed in a collection receptacle.
Grass clippings shall be placed in a receptacle for collection. Receptacles containing grass clippings must be kept in the rear or side yard for collection.
Volatile or explosive material prohibited. Nothing of a highly volatile or explosive nature, whether in liquid, gaseous, or solid form, shall at any time be placed for collection, either by itself or in connection with garbage.
The owner, tenant, occupant, or operator of every dwelling, apartment, hotel, rooming house, store, business, building, market, restaurant, yacht club, marina, or other premises where garbage shall accumulate must provide and keep on such premises sufficient and suitable metal or plastic receptacles, cans, or barrels, with covers for all of the same, for receiving and holding garbage and grass clippings.
A receptacle or container shall not exceed 60 pounds in weight when full. All receptacles and containers shall be kept covered and in an upright position. Plastic garbage bags shall be kept closed and sealed within a receptacle.
A maximum of three thirty-gallon receptacles may be set out for collection from any individual private dwelling, apartment, hotel, rooming house, building, market, restaurant, yacht club, marina, store, or business of any kind, including any industrial plant or complex.
No service shall be provided for the pickup of any dumpsters.
Public litter containers. No place of business or household shall deposit garbage in any public litter container placed on the streets of the Borough.
All receptacles shall be placed for collection as follows:
The owner, tenant, occupant, or operator of every dwelling, apartment, hotel, rooming house, store, business, building, market, restaurant, yacht club, marina, or other premises in the Borough where garbage shall accumulate shall, on the scheduled days for collection, place or have placed in proper and suitable receptacles or containers, as set forth in this chapter, all garbage as defined in this chapter at the following locations outside of the building proper, where the same will be easily accessible to the collector:
Private dwelling collection receptacles and containers must be located in the rear or side yard of the structure, screened from public view from the street or alley.
Restaurants, hotels, rooming houses, buildings, stores, or businesses of any kind shall place collection receptacles at the rear of the structure or at a place agreed to by the contractor and the Borough, screened from public view from the street or alley.
Receptacles awaiting collection shall be stored or kept in such places so as not to become a nuisance to the occupants of any dwelling, and at no time shall they be kept under the windows of any adjacent dwelling.
All receptacles for garbage, whether empty, partially filled, or fully filled, shall be kept in the rear of a private dwelling or place of business, or a location screened from public view, such as a side yard, and not on any part or portion of the front yard of said premises.
Bulky waste items set out on the berm or curbline for collection must have an official Borough collection sticker affixed or they will not be picked up by the authorized collector. Items shall be placed so as to not block or interfere with the use of the sidewalk or streets. Stickers may be obtained at the Borough Hall, for the proper fee, at which time the applicant will be informed when the items will be collected. A price schedule is set forth in the fee schedule on file at the office of the Municipal Clerk. There shall also be a free Borough-wide bulk pickup provided on the last Wednesday in May and October.
Time. The owner, tenant, occupant, or operator of every dwelling, apartment, hotel, rooming house, store, business, building, market, restaurant, yacht club, marina, or other premises in the Borough where garbage shall accumulate, or any other person, shall not place or cause to be placed tagged items or permit to remain on the curbline, berm, or any portion of the street or sidewalk, or any part or portion of the front yard of the premises, tagged items earlier than 5:00 p.m. of the day preceding the time scheduled for the collection.
Interference with placement and collection prohibited. No person shall prevent or interfere with any agent or employee of the Borough or any authorized contractor or collector of garbage or their employees in the discharge of their duties.
Establishment of collection schedule. The scheduled days for garbage collection shall be established by resolution of the Mayor and Council. The scheduled days for collection of garbage may be temporarily changed by the Borough Council, or its designated committee, in matters of emergency or necessity. There shall also be a free Borough-wide bulk pickup provided on the last Wednesday in May and October.
Special pickups. Pickups for large items such as household items, appliances, etc., will be available only at curbside at an additional charge. Arrangements for this service must be made at the Borough Hall on Wednesdays only, 9:00 a.m. to 12:00 noon. The price schedule shall be as set forth in the fee schedule on file at the office of the Municipal Clerk.
Every person and entity shall comply with the following requirements in transporting or storage of waste:
Regulation of vehicles. All vehicles used in transporting ashes, garbage, trash, rubbish, and waste through the streets of the Borough shall be furnished by the owner or operator, must have good tight bodies and, when loaded, shall be securely covered with a type of cover approved by the Borough to prevent their contents from being scattered on the streets.
Private collection. Every private collector of ashes, garbage, trash, and waste material shall conform to the provisions of this article and the rules and regulations for the collection and disposal of ashes, garbage, trash, and rubbish.
Removal and disposal. All ashes, garbage, trash and rubbish material must be removed and disposed of in areas outside of the Borough limits.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5, and as same may be amended from time to time. Each and every day a violation of this article shall exist shall constitute a separate violation.
As used in this article, the following terms shall have the meanings indicated:
DESIGNATED RECYCLABLE MATERIALS — Those materials designated within the Ocean County District Solid Waste Management Plan to be source-separated for the purpose of recycling. Those materials are commingled (bottles, glass, and cans), newspaper, mixed paper (magazines, catalogues, junk mail, used writing paper), leaves, branches, white goods, tires, motor oil, and household batteries and thermometers.
- ELECTRONIC WASTE
- Computer central processing units 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 screens that are greater than four inches measured diagonally and that contains one or more circuit boards, including televisions and cell phones
- MULTIFAMILY DWELLING
- Any building or structure or complex of buildings in which three or more dwelling units are owner-occupied, 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 guest houses 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. 5:13A-1 et seq.).
- MUNICIPAL RECYCLING COORDINATOR
- Person or persons appointed by the Borough Council and who shall be authorized to, among other things, enforce the provisions of this article and any rules and regulations that may be promulgated hereunder.
- MUNICIPAL SOLID WASTE STREAM (MSW)
- All solid waste generated by residential, commercial, and institutional establishments within the boundaries of the Borough of Bay Head.
- RECYCLABLE MATERIAL
- Those materials, as defined in this article, that would otherwise become solid waste and that may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
- SCRAP METAL
- Bits and pieces of metal parts (for example, bars, turnings, rods, sheets, wire, nails, screws) or metal pieces that may be combined together with bolts or soldering (for example, radiators, scrap automobiles, aluminum, metal, or steel items such as grills, appliances, tools, furniture, and beach chairs) which, when worn or superfluous, can be recycled. Materials not covered by this term include residues generated from smelting and refining operations (that is, drosses, slags, and sludges), liquid wastes containing metals (that is, spent acids, spent caustics, or other liquid wastes with metals in solution), liquid metal wastes (for example, liquid mercury), or metal-containing wastes with a significant liquid component, such as spent batteries.
- SINGLE STREAM
- The combination of commingled and paper listed in the definition of "dual stream" in one container; does 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.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Recyclable materials that are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
- SOURCE SEPARATION
- 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 source separation. 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 or other commercial locations, as well as government, schools, and other institutional locations within the Borough of Bay Head, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be separated from other solid waste generated by the owners, tenants, or occupants of such premises and shall be dropped off at the recycling center.
A recycling center shall be established for the purpose of accepting, collecting, storing, and further disposing of recyclable materials. It shall be mandatory for all owners, lessees, and occupants of residential and commercial properties in the municipality to deliver household recyclable materials to the recycling center, except that municipal personnel shall provide curbside pickup service for such persons who are disabled or who lack means of transport. It shall be mandatory that all broken window or plate glass be placed in a secure container or wrapping to facilitate safe loading and shall be turned over to the appropriate attendant at the recycling center. It shall be mandatory that all scrap metal be placed in the walled area at the recycling center designated for metal collection. The recycling center shall be operated for the use of municipal residents only, except that, at the discretion of the Recycling Coordinator, with the approval of the Borough Council, use by nonresidential establishments within the municipality may be permitted. Persons delivering recyclables to the recycling center shall furnish proof of residence when requested by Borough personnel. The Recycling Coordinator shall establish a system of easy identification. The recycling center shall be open from 7:30 a.m. to 3:45 p.m. Monday through Friday, and 9:00 a.m. to 2:45 p.m. Saturday and Sunday, subject to its closure on all state and federal holidays, except Labor Day.
The position of Recycling Coordinator is hereby created and established within the Borough of Bay Head.
The Recycling Coordinator shall be appointed by the governing body 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 governing body, shall establish and promulgate reasonable rules and regulations for the manner of collection, sorting, transportation, sale and/or marketing of recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the municipality. The Recycling Coordinator, subject to the approval of the governing body, shall also establish and promulgate reasonable changes and/or additions in the list of mandatory recyclables, days and times for the collection of recyclables, and days and times of operation of the recycling center, notwithstanding the guidelines set forth in this article.
The governing body may use municipal personnel to operate the recycling center and to collect recyclables as required and shall sell said recyclable material if a market exists therefor, pursuant to N.J.S.A. 40A:11-1 et seq., or shall enter into an agreement with the Ocean County Department of Solid Waste Management for disposal of recyclables at county facilities.
The governing body may elect to enter into agreements with qualified persons or corporations authorizing them to collect recyclable material at curbside or from the recycling center and to sell the recyclable material.
For those residents unable to deliver their recyclable materials to the recycling center as required in § 204-9B the curbside collection of recyclables shall occur on the first Thursday of each month. Recyclable materials shall be placed at curbside no earlier than 5:00 p.m. on the first Sunday of each month and no later than 9:00 a.m. on the first Thursday of each month. In the event that the recyclables are not picked up, the recyclables must be removed from curbside by 5:00 p.m. on the Friday following the first Thursday of each month.
The owner of any property shall be responsible for compliance with this article. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management in those instances when the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
All commercial or institutional generators of solid waste shall be required to comply with the provisions of this article.
The arrangement for drop-off of designated recyclables hereunder shall be the responsibility of the commercial, institutional, or industrial property owner, or his or her designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional, or industrial properties that provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacles, and shall provide for separate recycling service for their contents.
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at its premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
All food service establishments, as defined in N.J.A.C. 8:24-1.5, 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.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:
Any application to the Planning Board of the Borough of Bay Head for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land must include a recycling plan. This plan must contain, at a minimum. the following:
A detailed analysis of the expected composition and amount of solid waste and recyclables generated at the proposed development; and
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 and at a convenient location and shall contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal Recycling Coordinator.
Prior to the issuance of a certificate of occupancy by the Borough of Bay Head, the owner of any new multifamily housing or commercial, institutional, or industrial development 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, in those instances when the municipality does not otherwise provide this service.
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or that has audible and/or visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste that visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code.
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, and the Ocean County Department of Health are hereby individually empowered to enforce the provisions of this article. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250 nor more than $1,000. Each day for which a violation of this article occurs shall be considered a separate offense.
Fines levied and collected pursuant to the provisions of this article shall be immediately deposited into the Municipal Recycling Trust Fund. Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.