[Adopted 8-25-2011 by Ord. No. 14-2011]
Editor’s Note: This ordinance also repealed former Art. II, Recycling, adopted 6-23-1988 by Ord. No. 5-1988, as amended.
As used in this article, the following terms shall have the meanings indicated:
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial purposes and those residential buildings containing three or more dwelling units.
- A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
- DESIGNATED RECYCLABLE MATERIALS
- Those materials designated within the Atlantic County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
- K. [Amended 2-26-2015 by Ord. No. 1-2015]
- P. [Added 2-26-2015 by Ord. No. 1-2015]
- Q. TIRES[Added 2-26-2015 by Ord. No. 1-2015]
- R. [Added 2-26-2015 by Ord. No. 1-2015]
- S. [Added 2-26-2015 by Ord. No. 1-2015]
- T. [Added 2-26-2015 by Ord. No. 1-2015]
- U. [Added 2-26-2015 by Ord. No. 1-2015]
- V. [Added 2-26-2015 by Ord. No. 1-2015]
- W. [Added 2-26-2015 by Ord. No. 1-2015]
- X. [Added 2-26-2015 by Ord. No. 1-2015]
- 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 guesthouses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
- MUNICIPAL RECYCLING COORDINATOR
- The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this article, and any rules and regulations which may be promulgated hereunder.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Egg Harbor City.
- RECYCLABLE MATERIAL
- Those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
- 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.
- 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.
Mandatory source separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the municipality of Egg Harbor City, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the City of Egg Harbor.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source-separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this article, a commercial or institutional generator of solid waste shall file an application for exemption with the municipal recycling coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the municipal recycling coordinator of the total number of tons collected and recycled for each designated material.
The Mayor and Common Council of the City of Egg Harbor City may, by resolution, exempt persons occupying commercial and institutional establishments from the source-separation requirements of this article if those persons have otherwise provided for the recycling of recyclable materials designated in this article.
To be eligible for an exemption under this section, the person seeking the same shall, during the month of May in each year, provide written documentation to the municipality of the total amount of materials recycled during the preceding calendar year.
The collection of recyclable material shall be in the manner prescribed as follows:
Separation of recyclables; placement for disposal.
The recyclable materials designated in this article, 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 municipal recycling regulations.
The container for recyclable materials shall be clearly so labeled and so placed for each collection.
All grass, leaves, brush, branches or yard rakings shall be separated from common household garbage and packed in biodegradable paper bags which will be separately collected on the yard waste collection days.
[Amended 12-4-2014 by Ord. No. 15-2014]
All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above anytime after 5:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.
All receptacles or dumpsters shall be maintained in a clean and in a safe manner.
Alternative collection of recyclables.
Any persons may donate or sell recyclable materials to an individual or organization expressly authorized by the municipality in its recycling regulations.
Such materials may be delivered to the individual or organization or placed at the curb to be collected by the individual or organization on days not designated as the recyclable material collection days in the municipal recycling regulations.
Such individual or organization shall not collect recyclable materials on or within the 24 hours immediately preceding a regularly scheduled curbside collection day.
During the month of May in each year, such an individual or organization shall provide written documentation to the municipality of the total amount of material so received, collected or recycled during the preceding calendar year.
Collection by unauthorized persons.
It shall be a violation of this article for any unauthorized individual or organization to collect or pick up or to cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 230-3 of this article.
Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
The owner of any property shall be responsible for compliance with this article. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or its designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoors litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at its premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any code enforcement officer.
Any application to the Land Use Board of the municipality of Egg Harbor City for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
[Amended 8-28-2014 by Ord. No. 9-2014]
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator.
Prior to the issuance of a certificate of occupancy by the municipality of Egg Harbor City, the owner of any new multifamily housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the municipal engineer.
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 is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code.
Once placed in the location identified by this article, or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
The Chairperson of the Highway Committee of the Common Council is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days, and times for the collection of the recyclable materials designated in this article and such other matters as are required to implement this article. The Code Enforcement Official, the Public Works Supervisor, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, the Chief of Police, the Housing Officer, and the Atlantic County Department of Health are hereby individually and severally empowered to enforce the provisions of this article. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
Any person, firm or corporation violating the provisions of the section of Alternative collection of recyclables in this article shall be subject to a fine of not less than $100 nor more than $500 for each offense.
Any person, firm or corporation violating any provisions of this article other than Alternative collection of recyclables, or any regulations adopted hereunder, shall be subject to a fine of not less than $25 nor more than $500 for each offense.
No action shall be taken to enforce the provisions of this article until three months after the effective date of the promulgation of the regulations authorized hereunder.
Each and every day in which a violation of any of the provisions of this article exists shall constitute a separate offense.