Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Atlantic City 3-13-1991 by Ord. No. 9-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 143.
Littering — See Ch. 173.

§ 209-1 Short title.

This chapter shall be known and may be cited as the "Mandatory Recycling Ordinance of the City of Atlantic City."

§ 209-2 Definitions and word usage.

A. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein.
B. 
The word "shall" is always mandatory and not merely directory.
ACUA
The Atlantic City Utilities Authority.
ALUMINUM CANS
All aluminum beverage containers and all aluminum pet food or other containers. A magnet will not adhere to an aluminum can.
CARDBOARD or CORRUGATED PAPER
Clean, heavy box materials, commonly known as "cardboard boxes," and similar heavy paper packaging containers that are free of plastic, foam and other contaminants, also including food packaging boxes and other commercial packaging that is free of food contaminants, plastic, wax and foam materials that would make it undesirable for recycling purposes. All cardboard and packaging must be opened and flattened for ease of handling.
CITY
The City of Atlantic City.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial purposes.
COMMINGLED
The permitted combining of designated recyclables as defined elsewhere in the chapter.
COMPOSTING
A process by which organic materials are turned into humus (similar to topsoil).
COORDINATOR
The Municipal Recycling Coordinator.
FERROUS CONTAINERS
Empty steel or tin food or beverage containers, commonly known as metal or bimetal containers. A magnet will adhere to a ferrous container.
FOOD SCRAPS
Animal and vegetable wastes resulting from the handling, preparation, cooking and/or consumption of food.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass devoid of metal caps and rings. Expressly excluded are noncontainer glass, plate glass, blue glass, porcelain and ceramic products.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and government offices.
MULTIFAMILY RESIDENCES
All residential living units containing four or more dwelling units.
MUNICIPAL REFUSE COLLECTION SERVICE
A service providing for the collection of nonrecyclable refuse and food scraps from residential dwellings and other establishments as provided by Ordinance No. 95 of 1985, as amended.[1]
PAPER
Newsprint and other forms of paper and paper products such as magazines, telephone books, catalogs, junk mail, white office paper, computer paper, etc., excluding those soiled (i.e., containing carbon, adhesive or plastic) or unfit due to health and/or sanitary reasons. Newspapers shall also be deemed soiled if they have been exposed to substances rendering them unusable for recycling (i.e., water).
PERSON
Every owner, lessee and occupant of a residence, commercial or institutional establishments within the boundaries of the City of Atlantic City. This shall include any natural person, corporation, partnership or organization.
PLASTIC CONTAINERS
Plastic soda, juice, liquor, laundry, dish detergent and bleach bottles; in addition, any plastic bottles or containers that have the recycling symbol or the initials P.E.T.E. or H.D.P.E. stamped on the container.
RECYCLABLE MATERIALS
Those materials which would otherwise become municipal solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENCE
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.
SOLID WASTE
Garbage, refuse and other discarded solid material normally collected for disposal by a municipal or private hauler, as defined in Ordinance No. 95 of 1985, as amended.[2]
SOURCE SEPARATED
Recyclable materials, including but not limited to paper, aluminum, ferrous containers, glass, noncommingled food waste, office paper and plastic which are kept separate and apart from residential, commercial and institutional solid waste by the generator thereof for the purposes of collection, disposition and recycling.
VOLUNTARY DROP-OFF SITES
City-designated areas providing for the voluntary depositing of recyclables which have been placed in suitable containers.
WHITE GOODS
Common household appliances encased in sheet metal, including but not limited to washers, dryers, refrigerators, hot water heaters and stoves.
[1]
Editor's Note: See Ch. 143, Garbage, Rubbish and Refuse, Art. IV.
[2]
Editor's Note: See Ch. 143, Garbage, Rubbish and Refuse, Art. IV.

§ 209-3 Program established.

There is hereby established a mandatory program for the separation of the following recyclable materials from the municipal solid waste stream by all persons within the city pursuant to N.J.S.A. 13:1E-99.16:
A. 
Residences and multifamily residences shall recycle aluminum cans, glass containers, plastic containers, cardboard and paper. White goods are to be set out on regular refuse collection days and will be picked up by the city and recycled.
B. 
Commercial and institutional establishments shall recycle aluminum cans, glass containers, plastic containers, cardboard and paper. Additionally, those commercial and institutional establishments which dispense food and do not qualify for municipal refuse collection service shall implement a food scrap recycling program.

§ 209-4 Separation of recyclables and placement for disposal.

A. 
The recyclable materials designated in § 209-3 of this chapter, excluding newspapers and cardboard, shall be put in a clearly labeled 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 shall be determined by the Recycling Coordinator.
B. 
Newspapers shall be bundled and tied with twine or placed in a kraft paper (brown paper) bag, along with all other paper, excluding white office paper and computer paper, and placed at the curb or other designated area for collection as designated below. The maximum weight of each bundle of newspapers shall not exceed 30 pounds [approximately 12 inches high].
C. 
Aluminum cans and glass containers shall be rinsed, have the lids removed and be placed commingled in a suitable container.
D. 
Plastic containers shall be rinsed, have the lids removed and be flattened and placed in a suitable container.
E. 
Cardboard shall be flattened and either tied with twine or put into one or more corrugated boxes and placed alongside other recyclable materials for collection.
F. 
White office paper and computer paper shall be placed in a kraft paper (brown paper) bag or in a suitable container separate from other recyclable materials.

§ 209-5 Storage/disposal regulations for condominium, apartment or multifamily units.

A. 
The owner/manager or association of every multifamily dwelling (apartment, townhouse or condominium) shall designate space for the placement and storage of newspaper, cardboard, glass, aluminum, plastic and all other recycled materials. The owner/manager or association also has the option of arranging for curbside pickup collection through the office of the Coordinator. The request will be forwarded to the ACUA, which will provide the actual pickup service. All lessees/owners of these dwelling units shall be required to separate items as mentioned in § 209-4 and place them in the designated area.
B. 
All multifamily residences that provide private collection for recyclable materials named in § 209-3 of this chapter shall submit written documentation to the office of the Coordinator and to the ACUA by February 20 of each year for all recyclable materials collected in the prior calendar year. This documentation shall include the total amounts of recyclables (specified by types) along with the name, address and telephone number of the hauler. The only exception to this collection and reporting method will be if the multifamily dwelling is serviced by the ACUA Collection Program. Multifamily residences have the choice of private or county collection for recycled materials, but the Coordinator and ACUA must be notified of the collection method selected.

§ 209-6 Program for commercial and institutional establishments.

Commercial and institutional establishments may transport their recyclables to the containers located at a voluntary drop-off site or to the Atlantic County Intermediate Processing Facility, as designated by the ACUA, provided that said facility is equipped to accept such materials or contract with a private hauler to collect them. It is the responsibility of the commercial or institutional establishments to properly separate and store all recyclable materials on their premises. Annual documentation of amounts and specific materials recycled by a private hauler must be made to the Coordinator and the ACUA by February 20 for the preceding calendar year. This report shall also to include the name, address and telephone number of said hauler. Materials taken to the county facility will be recorded by the county, and that data will be forwarded to the Coordinator. Records will be maintained in the same manner at the office of the Coordinator for materials disposed of at voluntary drop-off sites. Commercial and institutional establishments are exempt from these collection requirements if they participate in the Atlantic County Collection Service Program.

§ 209-7 Separation and placement of leaves.

All persons within the city shall, for the period from October 15 through December 1 and March 15 through April 30 of each year, 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 in a biodegradable bag at the curb or other designated collection area at such times and dates and in the manner established by the Coordinator.

§ 209-8 Alternative collection of recyclable materials.

Any person may donate or sell recyclable materials to persons authorized by the city. These materials may be delivered to those persons or placed at the curb for collection during the days and times hereinafter attached. Said persons authorized by ACUA may not collect recyclable materials on or within the 24 hours immediately preceding a regularly scheduled curbside collection day and shall, prior to February 20 of each year, provide written documentation to the Coordinator of the total amount and specific types of material recycled during the preceding year.

§ 209-9 Collection by unauthorized persons.

It shall be a violation of this chapter for any unauthorized person to collect, pick up or cause to be collected or picked up within the boundaries of the city any of the recyclable materials designated in § 209-3 of this chapter. Each such collection in violation of this chapter shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 209-10 Developmental plans.

In accordance with the New Jersey Statewide Mandatory Source Separation Recycling Act of 1987,[1] proposals for new developments of 50 or more single-family units and/or five multifamily units and/or 100 square feet or more of commercial, institutional or industrial space shall incorporate provisions in their site plans for recycling. The Municipal Master Plan, to be developed at a later date, shall be updated for recycling every three years and shall incorporate a recycling plan element into the Municipal Master Plan.
[1]
Editor's Note: See N.J.S.A. 13:1E-92 et seq.

§ 209-11 Enforcement and administration.

A. 
Municipal Recycling Coordinator. The position of the Municipal Recycling Coordinator as per N.J.S.A. 13:1E-99.16 is hereby established and will be held by the person who shall be appointed by resolution of the City Council. The Coordinator is hereby authorized to establish and promulgate reasonable regulations to be adopted by resolution of the City Council, detailing any change in the manner, days and times for the collection of the recyclable materials designated in § 209-3 of this chapter. Such regulations shall take effect only upon the approval of the City Council by adoption of a resolution implementing the same. The Coordinator is hereby authorized and directed to enforce the provisions of this chapter and any implementing regulations adopted hereunder.
B. 
Noncollection of solid waste contaminated by designated recyclables. The city or any other person collecting solid waste generated within the city may refuse to collect solid waste from any person or establishment who has clearly failed to source-separate recyclables designated under any applicable section of this chapter.

§ 209-12 Violations and penalties.

A. 
Any person violating the provisions of any section of this chapter shall be issued a warning for the first and second offenses and shall thereafter be subject to a fine of not less than $100 nor more than $1,000 for each offense and/or 15 days to 30 days' community service and/or 15 days to 90 days' jail sentence.
B. 
Each and every day in which a violation of any of the provisions of this chapter exists shall constitute a separate offense.
C. 
Any person placing nonrecyclable materials at a voluntary recycling drop-off site within the City of Atlantic City shall be subject to a fine of not less than $100 nor more than $1,000 and/or 15 days to 30 days' community service and/or 15 days to 90 days' jail sentence for each offense.

§ 209-13 Collection times.

A. 
Residential collection.
(1) 
District A — Missouri Avenue to Jackson Avenue, including Chelsea Heights: second and fourth Mondays of the month unless otherwise indicated.
(2) 
District B — Missouri Avenue to Maine Avenue, including Venice Park: second and fourth Tuesdays of the month unless otherwise indicated.
B. 
Commercial and institutional collection: every Friday of the month unless otherwise indicated.
C. 
All recyclable materials must be in the designated area by 7:00 a.m. on the day of collection, but no earlier than 5:00 p.m. on the preceding day.