Township of Long Beach, NJ Chapter 168 Solid Waste

[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach 4-26-2000 by Ord. No. 00-3C.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Littering — See Ch. 115.

Nuisances — See Ch. 127.

[1] Editor's Note: This ordinance also repealed former Ch. 168, Solid Waste, consisting of the following: Art. I, Garbage and Trash Regulations, adopted 8-2-1974 as § 3-15 of the 1974 Code, as amended, and Art. II, Recycling, adopted 5-6-1988 by Ord. No. 88-8C, as amended.

§ 168-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AEROSOL CANS

Aerosol cans of any type, provided that they are completely empty.

ALUMINUM CANS

Empty all-aluminum beverage and food containers.

BATTERIES, BUTTON

Small, single-cell battery often found in hearing aids and watches.

[Added 3-18-2011 by Ord. No. 11-12C]

BATTERIES, RECHARGEABLE

Batteries containing nickel-cadmium, lithium, nickel zinc, and nickel metal hydride such as those found in cordless power tools, cellular phones, laptop computers, digital cameras, two-way radios, camcorders, and remote control toys.

[Added 3-18-2011 by Ord. No. 11-12C]

BATTERIES, SINGLE USE

Alkaline nonrechargeable, nonhazardous, dry-cell batteries (AAA, AA, C, D, and nine-volt).

[Added 3-18-2011 by Ord. No. 11-12C]

BROWN CARDBOARD

Cardboard also known as "pasteboard" or "corrugated cardboard" such as is used in boxes. It is generally composed of two sheets of heavy paper divided by a sheet of paper placed in a wavy pattern so as to hold the outside pieces apart.

BRUSH AND CLIPPINGS

Cut bushes, tree limbs and branches with diameters of 3 1/2 inches or less, grass cuttings, flower cuttings, shrub cuttings, pine needles, pine cones and weeds.

BULK TRASH

Furniture, household items, scrap wood, tree limbs and branches whose diameter exceeds 3 1/2 inches and any household-generated waste other than household trash.

CHIPBOARD

Gray pressed fiberboard, such as a cereal or pizza box.

[Added 3-18-2011 by Ord. No. 11-12C]

COMMINGLED

Recyclable materials consisting of aerosol cans, aluminum cans, glass containers, ferrous containers and plastics, excluding noncontainer glass, plate glass, porcelain and ceramic products, containers used for hazardous chemicals and the tops of plastic containers.

COMMERCIAL ESTABLISHMENTS

Those properties used primarily for commercial purposes and those multiple-dwelling residential buildings containing more than four dwelling units.

COVERED PROJECT

A construction, renovation, or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll-off container shall be placed on premises for the purpose of solid waste materials placement.

[Added 6-19-2009 by Ord. No. 09-13C]

DESIGNATED RECYCLABLE MATERIALS

Those materials designated within the Ocean County solid waste management plan to be source separated for the purpose of recycling.

[Added 6-19-2009 by Ord. No. 09-13C][1]

ELECTRONIC WASTE

A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines’ 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.

[Added 6-19-2009 by Ord. No. 09-13C]

FERROUS CONTAINERS

Empty steel or tin food 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.

HAZARDOUS WASTE

Hazardous waste is waste material so defined or described by any statute or regulation adopted by the Congress of the United State of America or the Legislature of the State of New Jersey or any regulation adopted by the State of New Jersey Department of Environmental Protection or the United State Environmental Protection Agency. Specifically, it shall include all poisons and pollutants in liquid, solid or gaseous form; includes such items by way of illustration and not by way of exclusion as lead, mercury, freon, poisons of all kinds, insecticides, acids, paints and chemicals.

INSTITUTIONAL ESTABLISHMENTS

Those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and governmental offices.

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 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,"[2] P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).

[Added 6-19-2009 by Ord. No. 09-13C]

MUNICIPAL RECYCLING COORDINATOR

The person or persons designated by the municipal governing body, and shall be authorized to, among other things, enforce the provisions of this chapter any rules and regulations which may be promulgated hereunder.

[Added 6-19-2009 by Ord. No. 09-13C]

MUNICIPAL SOLID WASTE STREAM (MSW)

All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Long Beach.

[Added 6-19-2009 by Ord. No. 09-13C]

NEWSPAPERS

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.

NONFERROUS METALS

Metals other than iron.

[Added 3-18-2011 by Ord. No. 11-12C]

PERSON

Every owner, lessee and occupant of a residence, commercial or institutional establishment within the boundaries of the Township of Long Beach.

PLASTICS

Empty plastic food or beverage containers, PET containers (soda bottles), HDPE containers (milk jugs) and PVC containers.

RECYCLABLE MATERIALS

A. Recyclable materials are those materials which would otherwise become municipal solid waste and which may be collected, separated and processed and returned to the economic mainstream in the form of raw materials or products. Recyclable materials shall include, but not be limited to:

(1) Aluminum cans.

(2) Ferrous and nonferrous items.

[Amended 3-18-2011 by Ord. No. 11-12C]

(3) Glass containers.

(4) Newspapers.

(5) Plastic food or beverage containers where the neck is smaller than the body of the container.

[Amended 3-18-2011 by Ord. No. 11-12C]

(6) Aerosol cans.

(7) Mixed paper: magazines, catalogs, junk mail, used writing paper, office and computer paper.

(8) Automobile batteries.

(9) White goods.

(10) Brown cardboard.

(11) Stumps, tree trunks and brush.

(12) Concrete.

(13) Cement blocks.

(14) Bricks.

(15) Asphalt.

(16) [3] Barbecue grills.

[Added 4-18-2008 by Ord. No. 08-08C]

(17) Aluminum trim and aluminum chairs.

[Added 4-18-2008 by Ord. No. 08-08C]

B. Recyclable materials may from time to time be identified by appropriate resolution duly adopted by the governing body of the Township of Long Beach at any regular or special meeting.

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.

[Amended 6-19-2009 by Ord. No. 09-13C]

SHRINK WRAP

Polymer plastic film overwrap commonly used to protect over-wintering boats.

[Added 3-18-2011 by Ord. No. 11-12C]

SINGLE STREAM

All recyclable items such as mixed paper, newspapers, magazines, corrugated cardboard, and commingled items such as bottles and cans, may be placed in the same container and picked up together. The county shall sort these items at the materials processing facility. Chipboard is prohibited.

[Added 3-18-2011 by Ord. No. 11-12C]

SOLID WASTE

Garbage, refuse and other discarded solid material such as nonrecyclable papers, ashes, debris, paper boxes, paper cartons, house sweepings accumulated by a householder in the ordinary course of housekeeping, odds and ends of plaster due to small repairs, small pieces of wood under two feet in length and all refuse generated in the normal course of housekeeping, and covered projects under definition of this code.

[Amended 6-19-2009 by Ord. No. 09-13C]

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.

[Added 6-19-2009 by Ord. No. 09-13C]

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.

[Added 6-19-2009 by Ord. No. 09-13C]

WHITE GOODS

Appliances, air conditioners, refrigerators, stoves, hot-water heaters, ice makers, and freezers.

[Amended 6-19-2009 by Ord. No. 09-13C]

[1] Editor's Note: The definition of "dual stream," added 6-19-2009 by Ord. No. 09-13C, and which immediately followed this definition, was repealed 3-18-2011 by Ord. No. 11-12C.

[2] Editor’s Note: See N.J.S.A. 55:13A-3(j).

[3] Editor's Note: Former Subsection A(16), Ferrous scrap, and (17), Nonferrous scrap, were repealed 3-18-2011 by Ord. No. 11-12C. This ordinance also provided for the renumbering of former Subsection A(18) and (19) as Subsection A(16) and (17), respectively.

§ 168-2 Pickup zone; receptacle specifications; plastic bags.

A. All solid waste as defined in § 168-1 and all recyclable materials shall be deposited in appropriate watertight receptacles covered with tight-fitting lids. The waste and recyclable material shall be placed no further than five feet from the curbline of the building which is the source of the waste before 6:30 a.m. on the morning of scheduled waste pickup. Containers shall be removed within 24 hours after the waste or recyclable material has been collected or picked up. For properties with solid waste receptacle cribs in accordance with § 205-25 which are no more than 10 feet from the property line, the collector will replace emptied receptacles in the cribs. All receptacles shall be of plastic or metal and shall not be greater than thirty-two-gallon capacity and shall not, when filled, exceed 50 pounds in weight. The use of plastic garbage bags of all types is prohibited except when placed completely inside a covered receptacle or when utilized for containment of brush and clippings. Single-stream recycling must be placed in a specifically marked covered container. Recyclables may not be placed in plastic bags. Any receptacles for solid waste and recyclable materials except as those hereinabove specified shall be and are hereby prohibited, and only receptacles as hereinabove specified in this Subsection A and no other shall be permitted for disposal of solid waste and recyclable materials in the Township of Long Beach.

[Amended 4-18-2008 by Ord. No. 08-08C; 3-18-2011 by Ord. No. 11-12C; 6-24-2011 by Ord. No. 11-18C]

B. Each building shall maintain sufficient receptacles for solid waste and recyclables to accommodate the accumulation of solid waste and recyclables for a period of not less than four days. Phone books may not be left in any pickup zone but shall be taken to the Township Public Works Yard for disposal.

C. Hazardous materials shall not be placed in any pickup zone but must be disposed of during the "hazardous waste disposal days" as established by Ocean County. The Ocean County Recycling Center may be called for detailed information at [phone].

D. Automobile batteries may be taken to the Township Public Works yard during operating hours of 7:00 a.m. to 3:00 p.m., Monday through Friday, except legal holidays for disposal. Recycle rechargeable batteries and button batteries at the Ocean County Recycling Center located on Haywood Road in Stafford Township, New Jersey. Single-use alkaline batteries may be disposed of in household trash.

[Amended 4-18-2008 by Ord. No. 08-08C; 3-18-2011 by Ord. No. 11-12C]

E. White goods and ferrous and nonferrous scrap may be placed in pickup zones. All doors must be removed from white goods and the Township Public Works Department must be contacted for removal. The Public Works Department may be contacted at [phone].

[Amended 4-18-2008 by Ord. No. 08-08C]

F. Lids may not be tied to any receptacle used for the disposal of solid waste or recycling. The trash contractor is authorized to cut ties affixing lids to containers. This is a safety precaution.

[Amended 4-18-2008 by Ord. No. 08-08C]

G. Used motor oil shall be transported to the Ocean County Recycling Center on Haywood Road in Stafford Township, New Jersey, to be disposed of in accordance with regulations governing the collection of used motor oil by that recycle center.

[Amended 6-19-2009 by Ord. No. 09-13C]

H. Recyclable materials to be collected by Long Beach Township shall be processed by the person desiring to dispose of the same in accordance with the following:

(1) Brush and clippings, scrap wood and discarded carpeting may be placed for collection when cut into sections not exceeding four feet in length and tied in bundles weighing no more than 40 pounds. The diameter of any such bundle shall not exceed one foot.

(2) Newspapers, magazines, catalogs, mixed paper, junk mail, computer paper, and brown cardboard are to be placed in clearly marked receptacles as defined in § 168-2A.

[Amended 4-18-2008 by Ord. No. 08-08C]

(3) Aluminum cans, ferrous containers, glass containers, plastic food and beverage containers shall be rinsed clean and commingled by placing the same loose in clearly marked receptacles as defined in § 168-2A above.

[Amended 4-18-2008 by Ord. No. 08-08C[1]]

[1] Editor's Note: This ordinance also repealed former Subsection H(3) and (4) and redesignated former Subsection H(5) and (6) as Subsection H(3) and (4), respectively.

(4) No recyclable materials are to be placed in plastic bags, paper bags or cardboard boxes except as hereinabove specifically set forth in § 168-2A.

I. All solid waste and recyclable materials shall be placed in the collection zone as defined above in Subsection A. located on the lot from which such solid waste and recyclable material has been generated.

J. Shrink wrap can be brought to the Township Recycling Center located at 7910 Long Beach Boulevard, Beach Haven Crest, New Jersey.

[Added 3-18-2011 by Ord. No. 11-12C]

§ 168-3 Commercial establishments.

[Amended 6-19-2009 by Ord. No. 09-13C]

A. Pickup days; receptacles; responsibilities; of owners.

(1) Business and commercial establishments will receive solid waste and recyclable material pickup on the days scheduled for residential building collections in their zones. Commercial and business establishments shall be limited to a total of six cans per pickup day. Receptacles and pickup areas for commercial and business establishments shall conform with the requirements hereinabove set forth. The owner of each commercial or business establishment shall be solely responsible for the removal from his or her premises of any garbage or rubbish in excess of six cans per pickup day. All commercial, institutional or industrial properties which provide outdoor litter receptacles shall also provide receptacles for designated recyclable materials in the location of the litter receptacle and shall provide for separate recycling service for their contents.

(2) All receptacles or cans to be utilized for solid waste and recyclable pickup shall comply with the requirements of receptacles for solid waste as described and defined in § 168-2A of this chapter, and no other receptacles shall be permitted for collection of solid waste and recyclable materials from commercial establishments to be picked up by the Township of Long Beach.

[Added 6-24-2011 by Ord. No. 11-18C]

B. Commercial, industrial and institutional establishments within the Township of Long Beach shall separate from the municipal solid waste stream all recyclable materials hereinbefore defined in § 168-1, and all such recyclable materials may be removed by an approved hauler with a receipt of disposal forwarded by the receiving facility to the Township Public Works Department.

C. Every business, institution, or industrial facility shall submit annually to the Municipal Recycling Coordinator proof of removal of designated recyclable materials from its premises, including the total weight and type of recycling material collected and recycled, and the vendor(s) providing said service.

D. All food service establishments as defined by the Retail Food Establishment Code of New Jersey (1965) and Chapter 96 of the Code of the Township of Long Beach shall comply with all recycling and solid waste disposal requirements defined herein and shall recycle grease and/or cooking oil generated in the processing of food or food products, and maintain such records as may be prescribed for inspection by any Code Enforcement Officer.

E. Solid waste and recyclable materials shall be collected only between the hours of 6:30 a.m. and 5:00 p.m., local time prevailing.

§ 168-3.1 Exemptions.

[Added 6-19-2009 by Ord. No. 09-13C]

Pursuant to N.J.S.A. 13:1E-99.16d, persons occupying commercial, industrial or institutional premises, have more than 100 employees in any twelve-month consecutive period, shall be exempt from source separation as defined in § 168-1 if the proper disposition of the designated recyclable materials has otherwise been provided for. Qualifying exempt generators of solid waste shall file an application for exemption with the Municipal Recycling Coordinator.

§ 168-4 Prohibited acts.

A. It shall be unlawful for any person to discard or dump on or along any private property, street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle parts, rubber tires, appliances or furniture in any place not specifically designated for the purpose of solid waste storage or disposal.

B. It shall be unlawful for solid waste collectors to collect solid waste that is mixed with or contains visible signs of designated recyclable materials. It shall also be unlawful for solid waste collectors to remove for disposal receptacles or bags as described in § 168-2A which visibly display a warning notice or some other device indicating that the load of solid waste contains designated recyclable materials.

[Added 6-19-2009 by Ord. No. 09-13C[1]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsections B through H as Subsections D through J, respectively.

C. It shall be the responsibility of the property resident or occupant to properly segregate the uncollected solid waste for disposal or recycling. The accumulation of nonseparated solid waste and recyclables shall be considered a violation of this chapter.

[Added 6-19-2009 by Ord. No. 09-13C]

D. It shall be unlawful for any residential property owner to store or permit the accumulation of any extraordinary bulk trash, including but not limited to household appliances, furniture and mattresses, except in a fully enclosed structure.

E. It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots and residential lots, except in a fully enclosed structure, any motor vehicle, trailer or semitrailer which:

(1) Is missing tires, wheels, engine or any essential parts.

(2) Displays extensive body damage or deterioration.

(3) Does not display a current, valid state license or inspection sticker.

(4) Is wrecked, disassembled or partially disassembled.

F. It shall be unlawful for any vehicle transporting solid waste to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of such dropped or spilled objects and shall pay the cost for the removal thereof.

G. It shall be unlawful 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 § 168-1 of this chapter. Each such collection in violation of this chapter shall constitute a separate and distinct offense punishable as hereinafter provided.

H. It shall be unlawful for any private hauler to pick up or collect solid waste or recyclable material at any time prior to 6:30 a.m. or subsequent to 5:00 p.m., local time prevailing. Should the Department of Environmental Protection tariff specify different hours of collection for any carter or hauler, those hours shall prevail for that carter or hauler.

[Amended 9-23-2011 by Ord. No. 11-36C]

I. It shall be unlawful for any person to place or deposit for collection by the Township of Long Beach any solid waste in any pickup zone as hereinabove described in § 168-2A, which solid waste or recyclable material originated or was generated by any residence or business located on any lot or site other than the lot before which the solid waste or recyclable material is placed for collection.

J. It shall be unlawful for any person to dump or discard any litter, debris, or any substances into the storm drainage system anywhere within the boundaries of the Township of Long Beach.

[Added 7-5-2002 by Ord. No. 02-08C]

§ 168-5 Miscellaneous provisions.

The Director of the Department of Public Works and Public Property of the Township of Long Beach shall establish annually a schedule for the collection of solid waste, including recyclables, and that schedule shall be distributed to all property owners in the Township of Long Beach during the first quarter of each calendar year.

§ 168-6 Enforcement; violations and penalties.

A. The Commissioner of Public Works and Property may from time to time appoint such solid waste/recycling inspector(s) as he or she shall deem necessary for the purposes of inspection of public streets and public areas to enforce the solid waste and recycling regulations and ordinances of the Township of Long Beach. The inspector may issue notices of violation or complaints for violations of any recycling or solid waste regulation or ordinance of the Township. Such authority shall be served concurrently with the Department of Health.

B. Penalties. Penalties for any violation of the solid waste/recycling ordinance or regulations of the Township of Long Beach shall, for the first offense or second offense, be a civil penalty of $100 and $250, respectively. The penalties shall be payable to the Treasurer of the Township of Long Beach within 30 days of a property owner's receipt of notice of violation issued by any solid waste/recycling inspector of the Township of Long Beach. Fines levied and collected pursuant to the provisions of this chapter shall be deposited into a dedicated fund to be established by the Certified Financial Officer of the Township of Long Beach and shall be used to provide compensation for municipal recycling expenses. Subsequent violations shall be enforced as set forth in Subsection C below.

[Amended 7-6-2004 by Ord. No. 04-13C; 6-19-2009 by Ord. No. 09-13C]

C. Any offending property owner who has not paid the assessed civil penalty within 30 days of receipt of the civil penalty notice as set forth above in Subsection B shall be issued a summons and complaint for violation of the solid waste/recycling ordinance or regulations. The complaint shall be issued by the Health Officer of the Long Beach Township Department of Health, Municipal Recycling Coordinator, the Solid Waste/Recycling Inspector, the Code Enforcement Officer of the Township of Long Beach or a police officer designated by the Chief of Police to issue such summonses, which summons shall be issued out of and be returnable in the Municipal Court of the Township of Long Beach, and for the issuance of a summons and complaint, the defendant, if found guilty, shall be subject to a fine not exceeding the sum of $2,000 or sentenced to the county jail of Ocean County for a term not to exceed 90 days, or to perform community service for a term not to exceed 90 days.

[Amended 4-18-2008 by Ord. No. 08-08C; 6-19-2009 by Ord. No. 09-13C]