[HISTORY: Adopted by the City Council of the City of Atlantic
City 3-13-1991 by Ord. No. 9-1991. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Mandatory
Recycling Ordinance of the City of Atlantic City."
A.
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein.
B.
ACUA
ALUMINUM CANS
CARDBOARD or CORRUGATED PAPER
CITY
COMMERCIAL ESTABLISHMENTS
COMMINGLED
COMPOSTING
COORDINATOR
FERROUS CONTAINERS
FOOD SCRAPS
GLASS CONTAINERS
INSTITUTIONAL ESTABLISHMENTS
MULTIFAMILY RESIDENCES
MUNICIPAL REFUSE COLLECTION SERVICE
PAPER
PERSON
PLASTIC CONTAINERS
RECYCLABLE MATERIALS
RESIDENCE
SOLID WASTE
SOURCE SEPARATED
VOLUNTARY DROP-OFF SITES
WHITE GOODS
The word "shall" is always mandatory and not merely directory.
The Atlantic City Utilities Authority.
All aluminum beverage containers and all aluminum pet food
or other containers. A magnet will not adhere to an aluminum can.
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.
The City of Atlantic City.
Those properties used primarily for commercial purposes.
The permitted combining of designated recyclables as defined
elsewhere in the chapter.
A process by which organic materials are turned into humus
(similar to topsoil).
The Municipal Recycling Coordinator.
Empty steel or tin food or beverage containers, commonly
known as metal or bimetal containers. A magnet will adhere to a ferrous
container.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and/or consumption of food.
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.
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools, nursing homes, libraries and
government offices.
All residential living units containing four or more dwelling
units.
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]
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).
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 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.
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-family or multifamily dwelling having
up to four dwelling units per structure from which a municipal or
private hauler collects 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]
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.
City-designated areas providing for the voluntary depositing
of recyclables which have been placed in suitable containers.
Common household appliances encased in sheet metal, including
but not limited to washers, dryers, refrigerators, hot water heaters
and stoves.
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.
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.
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.
[Amended 3-16-2022 by Ord. No. 04-2022]
Commercial and institutional establishments shall independently
arrange for pickup of their recyclables. Commercial and institutional
establishments may transport their recyclables to the containers located
at a voluntary dropoff site or to the Atlantic County Intermediate
Processing Facility, as designated lay the A.C.U.A., provided 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 A.C.U.A. 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 dropoff sites.
Commercial and institutional establishments are exempt from these
collection requirements if they participate in the Atlantic County
Collection Service Program.
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.
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.
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.
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.
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.
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.
A.
Residential collection.
B.
[1]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.
[1]
Editor's Note: Former Subsection B, providing the time of
commercial and institutional collection, was repealed 3-16-2022 by Ord. No. 04-2022. This ordinance also redesignated former Subsection C as
Subsection B.
[Added 11-1-2019 by Ord.
No. 51-2019]
A.
Recyclables which have been placed in suitable containers may be
voluntarily deposited at the Atlantic City Municipal Recycling Transfer
Center located at 1100 North Albany Avenue.
B.
Deposits may be made 10:00 a.m. to 6:00 p.m. (Thursday and Friday);
8:00 a.m. to 6:00 p.m. (Saturday). This schedule is subject to the
discretion of the Director of Public Works.