[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 12-17-1990 by Ord. No. 379. Amendments noted where applicable.]
Editor's Note: This ordinance supersedes former Ch. 185, Recycling, adopted 10-10-1983 by Ord. No. 288, as amended 1-12-1987 by Ord. No. 329.
This chapter shall be known and may be cited as the "Recycling Ordinance of the Borough of Buena."
The words, terms and phrases used in this chapter shall have the following meanings:
- ALUMINUM CANS
- All aluminum beverage containers and all aluminum pet food or other containers.
- 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 and 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.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial purposes.
- 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 and 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.
- Newsprint and other forms of paper and paper products such as magazines, telephone books, catalogs, 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).
- Every owner, lessee and occupant of a residence or commercial or institutional establishment within the boundaries of the Borough of Buena.
- 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.
- Any occupied single 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 by a municipal or private hauler.
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 Borough of Buena, hereinafter referred to as the "Borough of Buena," as follows:
Residences and multifamily residences shall recycle aluminum cans, glass containers, plastic containers, newspapers and paper goods.
Commercial and institutional establishments shall recycle aluminum cans, glass containers, plastic containers, cardboard, newspapers and paper goods such as white office paper and computer paper.
As the Borough of Buena sees fit to include other recyclable materials in the program, all persons falling under this chapter will be required to separate these items from the municipal solid waste stream.
The recyclable materials designated in § 185-3 of this chapter, excluding newspapers, 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 Borough of Buena's recycling regulations. The container for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection.
Newspapers shall be bundled and tied with twine or placed in a craft paper (brown paper) bag and placed at the curb or other designated area for collection at such times and dates as are established in the Borough of Buena's recycling regulations. The maximum weight of each bundle of newspapers shall not exceed 30 pounds [approximately 12 inches high].
Aluminum and glass containers shall be rinsed, lids removed and placed commingled in said suitable container.
Plastic containers shall be rinsed, lids removed, flattened and placed in a suitable container.
Cardboard shall be flattened and placed alongside other recyclable materials.
White office paper and computer paper shall be placed in a craft paper (brown paper) bag or in a suitable container separate from other recyclable materials.
The owner/manager or association of every multifamily dwelling (apartment, townhouse or condo) shall designate space for the placement and storage of newspaper, glass, aluminum, plastic and all other recycled materials. The owner/manager or association also has the option of arranging for curbside pickup service from the Atlantic County Utilities Authority (ACUA). All lessees/owners of these dwelling units shall be required to separate items as mentioned in § 185-3 and place them in the designated place.
All multifamily residences that provide private collections for recyclable materials named in § 185-3 of this chapter shall submit written documentation to the Borough of Buena and to the Atlantic County Utilities Authority by June 1 of the total amounts of recyclables collected in the prior calendar year. The only exception to this collection and documentation method will be if the multifamily dwelling is serviced by the Atlantic County Utilities Authority Collection Program. Multifamily residences have the choice of private or county collection for recycled materials, but the Borough of Buena Recycling Coordinator and ACUA must be notified of the collection method selected.
Commercial and institutional establishments may transport their recyclables to the containers at the Borough of Buena Dropoff Facility, if applicable, or to the Atlantic County Intermediate Processing Facility or contract with a private hauler to collect them. It is the responsibility of the commercial or institutional establishment to properly separate or have separated and store or have stored all recyclable items on its premises prior to periodic disposal of these materials. Yearly documentation of amounts recycled by a private hauler must be made to the Borough Clerk and the ACUA prior to June 1 for the preceding calendar year. Materials taken to the county facility will be recorded for the Borough of Buena. Borough of Buena records will be maintained for materials disposed of at the dropoff facility, if applicable, and credit given to those participating commercial and institutional establishments accordingly. The only exception to this collection method is if the commercial or institutional establishment participates in the Atlantic County Collection Service Program.
All persons within the Borough of Buena 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 at the curb or other designated area for collection at such times and dates and in the manner established by the Borough of Buena's recycling regulations. Biodegradable leaf bags may be used in the manner established by the Borough of Buena's recycling regulations as an alternative to loose leaves placed at the curb.
All commercial lawn services will dispose of leaves collected within the Borough of Buena at the composting facility, if applicable, within the city yard and submit prior to June 1 of each year the total amount collected in the prior calendar year.
Any person may donate or sell recyclable materials to individuals or organizations authorized by the Borough of Buena 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 in the Borough of Buena'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 Borough of Buena of the total amount of material recycled during the preceding calendar year.
It shall be a violation of this chapter for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the Borough any of the recyclable materials designated in § 185-3 of this chapter. Each such collection in violation of this chapter shall constitute a separate and distinct offense punishable as hereinafter provided.
In accordance with the New Jersey Statewide Mandatory Source Separation and Recycling Act of 1987, 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 or industrial space must incorporate provisions in the site plan for recycling. Master Plans must be updated for recycling every three years and must incorporate a recycling plan element into the Borough of Buena Plan.
Editor's Note: See N.J.S.A. 13:1E-99.32 et seq.
The Municipal Council is hereby authorized to establish and promulgate reasonable regulations to be adopted by resolution of the Borough of Buena Council detailing the manner, days and times for the collection of the recyclable materials designated in § 185-3 of this chapter. Such regulations shall take effect only upon the approval of the Borough of Buena Council by adoption of a resolution implementing the same. The Borough of Buena is hereby authorized and directed to enforce the provisions of the chapter and any implementing regulations adopted hereunder. The position of the Borough of Buena Recycling Coordinator as per N.J.S.A. 13:1E-99.13b(1) is hereby established and will be held by the person who shall be appointed by resolution of the Borough of Buena Council. The Borough of Buena Recycling Coordinator's name and telephone number shall be forwarded to the Atlantic County Utilities Authority.
Noncollection of solid waste contaminated by designed recyclables. The Borough of Buena or any other person collecting solid waste generated within the Borough of Buena may refuse to collect solid waste from any person who has clearly failed to source separate recyclables designated under any applicable section of this chapter.
Any person, firm or corporation violating the provisions of any section of this chapter shall be issued a warning for the first and second offense and will then be subject to a fine of not less than $25 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.
Each and every day in which a violation of any of the provisions of this chapter exists shall constitute a separate offense.
Action shall be taken to enforce the provisions of this chapter immediately upon municipal approval.
Any person, firm or corporation placing nonrecyclable materials at the recycling dropoff facility within the Borough of Buena shall be subject to a fine of not less than $100 nor more than $1,000 for each offense.
Editor's Note: Ordinance No. 548, adopted 4-9-2007, provided as follows: "All penalty provisions of existing ordinances of the Borough of Buena are hereby repealed and superseded by these provisions, except that any provisions of any existing ordinance that imposes a mandatory minimum fine or other mandatory minimum penalty shall remain in full force and effect." See now Chapter 1, General Provisions, Article III, Enforcement.