Short Title. This section shall be known and may be cited as the "Recycling Ordinance of the City of Estell Manor."
Definitions. The words, terms and phrases used in this section shall have the following meanings:
- ALUMINUM CANS
- All aluminum beverage containers and 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, 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, commercial or institutional establishment within the boundaries of the City of Estell Manor.
- Plastic soda, juice and liquor bottles, plastic laundry and dish detergent bottles and plastic 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.
- 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.
Establishment of Program. 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 of Estell Manor, hereinafter referred to as the "municipality," 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 municipality sees fit to include other recyclable materials in the program, all persons falling under this section will be required to separate these items from the municipal solid waste stream.
Separation; Placement for Disposal.
The recyclable materials designated in Subsection 16-1.3 of this section, 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 municipality'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 municipality'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, with lids removed, and placed co-mingled 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.
Condominium, Apartment or Multifamily Unit Regulations.
The owner/manager or association of every multifamily dwelling (apartment, townhouse or condominium) 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 (A.C.U.A.). All lessees/owners of these dwelling units shall be required to separate items as mentioned in Subsection 16-1.3 and place them in a designated place.
All multifamily residences that provide private collection for recyclable materials named in Subsection 16-1.3 of this section shall submit written documentation to the municipality and to the Atlantic County Utilities Authority by June 1, 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 Municipal Recycling Coordinator and A.C.U.A. must be notified of the collection method selected.
Commercial and Institutional Establishments. Commercial and institutional establishments may transport their recyclables to the containers at a municipal drop-off facility 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 their premises prior to periodic disposal of these materials. Yearly documentation of amounts recycled by a private hauler must be made to the City Clerk-Administrator and the A.C.U.A. prior to June 1 for the preceding calendar year. Materials taken to the county facility will be recorded for the municipality. Municipal records will be maintained for materials disposed of at the drop-off facility 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 municipality 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 municipality's recycling regulations. The use of biodegradable leaf bags may be used in the manner established by the municipality's recycling regulations as an alternative to loose leaves placed at the curb.
All commercial lawn services will dispose of leaves collected within the municipality at a composting facility within the city and submit prior to June 1 of each year the total amount collected in the prior calendar year.
Alternative Collection. 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 set 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.
Collection by Unauthorized Persons. It shall be a violation of this section 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 Subsection 16-1.3 of this section. Each such collection in violation of this section shall constitute a separate and distinct offense punishable as hereinafter provided.
Incorporation of Provisions in Site Plans. In accordance with the New Jersey Statewide Mandatory Source Separation 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.
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
Enforcement and Administration.
The municipal governing body is hereby authorized to establish and promulgate reasonable regulations to be adopted by resolution detailing the manner, days and times for the collection of the recyclable materials designated in Subsection 16-1.3 of this section. Such regulations shall take effect only upon the approval of the Municipal Council by adoption of a resolution implementing the same. The municipality is hereby authorized and directed to enforce the provisions of the section and any implementing regulations adopted hereunder. The position of the Municipal 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 City Council. The Municipal Recycling Coordinator's name and telephone number shall be forwarded to the Atlantic County Utilities Authority.
Noncollection of solid waste contaminated by designated recyclables. The municipality or any other person collecting solid waste generated within the municipality 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.
Violations and Penalties.
Any person, firm or corporation violating the provisions of any subsection of this section shall be issued a warning for the first and second offense and will then 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.
Each and every day in which a violation of any of the provisions of this section exists shall constitute a separate offense.
Any person, firm or corporation placing nonrecyclable materials at the recycling drop-off facility within the City of Estell Manor shall be subject to a fine of not less than $100 nor more than $1,000 for each offense.
Procedures to Be Followed. From and after the effective date of this section, all solid waste materials that may accumulate and which are subject to collection by the municipal contractor charged with such duties may only be collected, removed and disposed of as provided in this section.
Proper Receptacles to Be Provided. Every owner, lessee, agent, occupant or other person having control of any property covered by the terms of this section shall provide, place, keep and make readily accessible for collection and removal of all solid waste materials suitable and sufficient covered receptacles for such purpose in accordance with the provisions hereinafter set forth.
Standards for Receptacles. All receptacles for solid waste materials shall be of such size and shape that can be handled by one man and so constructed as to prevent the spilling or leakage of their contents, and such receptacles shall not be filled higher than the top of the container. Such receptacles shall be either metallic or rigid plastic containers, barrels, baskets or boxes, but where the waste material is of such a nature that it cannot be deposited in such receptacles, it must be securely bundled in such manner as to permit easy handling and to prevent the contents thereof from being scattered. All receptacles in which solid waste accumulations are deposited shall have a separate cover, close fitting when in place, shall not exceed a size larger than 32 gallons, and shall, when placed for collection, not weigh in excess of 60 pounds. Such containers or receptacles that have deteriorated to the extent of having jagged or sharp edges capable of causing injuries to collectors and to others who may have to handle the same shall be removed by the collector and disposed of as refuse.
Placement and Removal of Receptacles; Limit on Number. All receptacles for solid waste materials shall be placed by the occupant near the curbline so as to be easily collected from the roadway, but not so near the curb or roadway as to project therein or as to interfere with vehicles lawfully using said street or roadway. All receptacles shall be placed for collection just prior to the regular collection time so as not to remain near the curbline for a longer period of time than is necessary to permit the collection thereof, and empty receptacles or containers shall be removed immediately following the collection of the solid waste. No more than four receptacles per residential dwelling unit, campground or commercial property may be placed for collection at one time.
Applicability. This section shall apply only to the disposal of normal household waste. This section shall not apply to the disposal of recyclable materials, construction debris or hazardous waste as defined in N.J.S.A. 13:1E-51. The disposal of any substances not covered by this section and/or disposal from properties not covered by this section shall be the responsibility of the individual property owner to accomplish in a lawful manner.
Deposit of Solid Waste in Public Thoroughfares. No person shall throw, lay, deposit or leave or cause to be thrown, laid, deposited or left, in or upon any street, avenue, roadway, sidewalk or public thoroughfare, any household solid waste material of any kind whatsoever, except in a manner specified for collection as herein provided.
Effect on Other Provisions. Nothing in this section shall be interpreted to repeal or modify any provision of any separate ordinance, rule or regulation for the recycling of waste materials, and any such past, present or future recycling ordinances, rules or regulations shall take precedence over the regulations established in this section.
Violations and Penalties. Any person violating the provisions of this section shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail for a period of not more than 90 days; a fine of not more than $1,000; or community service for not more than 90 days, within the discretion of the court.