[Adopted 12-23-2013 by Ord. No. 126-1 and repealed Ord. Nos. 115, 124,
126 and 147]
This chapter for the collection of garbage, rubbish and refuse
and mandatory program for the separation and collection of recyclable
materials shall be known and cited by the short title as "Recycling
and Garbage Collection Ordinance of the Borough of Roosevelt, Monmouth
County, New Jersey."
a.
This
chapter provides for the continued mandatory program for the separation
and collection of recyclable materials utilizing a "single-stream"
recycling process (a process which provides for the placement of all
recyclable bottles, cans and paper products into one container for
collection and process) which was initiated by the Borough and became
effective in April, 2010.
b.
This
chapter is adopted pursuant to the requirements of N.J.S.A. 13:1E-99.16,
Municipal Recycling System, as amended by Chapter 164, Laws of 2009,
and the Monmouth County District Solid Waste Management Plan as amended
through February 26, 2009 and the list of mandated recyclables and
other recyclable provisions specified in the Monmouth County Solid
Waste Management Agency.
c.
This
chapter implements the Borough's updated Recycling Plan Element
adopted by the Roosevelt Planning Board on August 10, 2011.
Words and phrases used in this chapter shall have the following
meanings. Any word or term not defined herein shall have a meaning
of standard usage.
Shall mean empty all-aluminum beverage and food containers.
Shall mean used SLA (sealed lead acid) batteries generated
from motor vehicles, aviation and marine equipment.
Shall mean high grade bond paper, mixed office and school
papers, such as stationery, construction paper and writing tablets,
including computer printouts, magazines, gift wrapping paper, soft
cover books, junk mail and single layer cardboard (chipboard). Specifically
excluded are carbon papers, hard cover books (unless cover and binder
are removed), paper cups and plates, food wrappers or any other paper
contaminated by direct contact with food products, and paper products
used for personal hygiene, such as tissues.
Shall mean yard trimmings, rags, waste wood or cardboard
and other combustible waste solids of a nonvolatile or non-explosive
nature.
Shall mean those businesses which constitute wholesale, retail
or service establishments such as restaurants, stores, markets, theaters,
hotels, warehouses and offices, excluding residences.
Shall mean a combining of non-putrescible source-separated
recyclable materials for the purpose of recycling.
Shall mean and include cardboard of the type used to make
cardboard boxes, cartons, pasteboard and similar corrugated and craft
paper material.
Shall mean materials designated within the Monmouth County
Solid Waste Plan to be source separated for the purpose of recycling.
Shall mean a computer central processing unit and associated
hardware including keyboards, modems, printers, scanners and fax machines,
cathode ray tubes, cathode ray tube devices, flat panel displays or
similar video display devices and contains one or more circuit boards.
Also includes VCR's, radios and landline telephones.
Shall mean empty steel or tin food or beverage containers.
Shall mean animal and/or vegetable waste solids resulting
from the handling, preparation, cooking and/or consumption of foods.
Shall mean transparent or translucent containers made from
silica or sand, soda ash and limestone, used for the packaging of
bottling of various products. Specifically excluded are dishware,
light bulbs, window glass, ceramics and other glass products.
Shall mean plastic containers made of high density polyethylene
(e.g., milk and water bottles).
Shall mean those facilities that house or serve groups of
people, including but not limited to hospitals, schools, nursing homes,
libraries and governmental offices.
Shall mean crank-case oil and similar oils, kerosene fuel
and #2 home heating oil which are used to fuel heating equipment.
Shall mean the person or persons appointed by the Governing
Body who shall be authorized to, among other things, enforce the provisions
of the chapter, and any rules and regulations which may be promulgated
hereunder.
Shall mean all solid waste generated at residential, commercial
and institutional establishments within the boundaries of the Borough
of Roosevelt.
Shall mean 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.
Shall mean all solid waste material which does not burn,
including motor oil.
Shall mean every owner, lessee and occupant of a residence,
commercial or institutional establishment within the boundaries of
the Borough.
Shall mean plastic containers made of polyethylene teraphthalate
(e.g., plastic soda bottles).
Shall mean plastic bottles where the neck is smaller than
the body of the container, and is limited to plastic resin type #1
PET and plastic resin type #2 HDPE. Specifically excluded are other
resin types (#2 through #7) and non-bottle plastic containers such
as margarine tubs and other consumer items and packages, such as film
plastics, blister packaging, boxes, baskets, toys and other products.
Shall mean plastic containers made of polyvinyl chloride
(e.g., salad dressing and mouthwash bottles).
Shall mean 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.
Shall mean any single-family residential dwelling or multi-family
residential unit. A multi-family residential unit shall mean any building
or structure of one or more stories and any land appurtenant thereto,
in which two or more units of dwelling space are occupied, or are
intended to be occupied, by two or more persons who live independently
of each other. This definition shall include apartments, townhouses,
condominiums, cooperatives and retirement communities.
Shall mean a recycling process in which recyclable materials
are mingled together with no sorting of commodities required.
Shall mean and include all garbage and rubbish normally produced
by the occupants of commercial, industrial and residential property
and disposed of by private or public pickup.
Shall mean the process by which recyclable materials are
separated at the point of generation by the generator thereof from
solid waste for the purpose of recycling.
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
Shall mean all disposable cans made of tin, steel or a combination
of metals including, but not limited to, containers commonly used
for food products, such as paints and oils.
a.
The
owner, agent, lessee, tenant or occupant of every dwelling or other
premises where refuse accumulates shall provide and keep on such premises
sufficient and suitable receptacles, with tight-fitting covers, for
receiving and holding refuse.
1.
For the purpose of this section, "sufficient receptacles" shall mean
at least one receptacle for each family unit or other occupant of
premises and at least two such receptacles for each restaurant, market,
store or similar business establishment where refuse shall accumulate.
2.
For the purpose of this section, "suitable receptacles" shall mean
a watertight, metal or plastic receptacle with a tight-fitting cover,
so constructed as to prevent spilling or leakage of its contents.
Each receptacle for use at a single residence shall have a capacity
of not more than 45 gallons and be equipped with a pull handle or
handles. Suitable receptacles shall include biodegradable plastic
bags.
3.
Receptacles for refuse from multi dwelling units or industrial premises
may have a greater capacity than that prescribed in paragraph a,2
above, provided they are:
b.
Receptacles
that are badly broken or otherwise fail to meet the requirements of
this section may be classed as refuse and collected and disposed of
as such by the person or agency responsible for the collection of
refuse.
c.
Receptacles
of refuse shall not be set out for collection except during hours
of the day or days scheduled for collection of refuse or not before
4:00 p.m. on the evening before. Receptacles shall be returned to
storage area on the same day the refuse is collected.
d.
Receptacles
shall be conveniently located on premises for storage of refuse and
maintained in such manner as to prevent creation of a nuisance or
menace to public health. Receptacles shall not be stored on the public
sidewalk or street, and the storage area shall be to the rear of the
property.
a.
Garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper and placed in a receptacle as described in Section 9-3.
b.
Noncombustible
waste shall not be mixed with other refuse when prepared for disposal
by incineration.
c.
Combustible
waste shall be stored and held in receptacles separate and apart from
noncombustible waste when prepared for disposal by incineration.
d.
Combustible
or noncombustible waste of such a nature that it cannot be deposited
in a receptacle shall be securely and properly tied into bundles or
packages to prevent spilling or scattering. The bundles or packages
shall be of a size and weight to permit ease of handling by one person.
e.
Refuse
prepared for collection should be packaged or otherwise assembled
in quantities weighing not more than 50 pounds.
f.
Newspapers
shall be kept separate from and not mixed with regular garbage and
refuse which is collected. Persons may wrap solid waste in used newspapers
and discard same with regular solid waste.
g.
Common
non-rechargeable dry cell batteries, commonly labeled A, AA, AAA,
C, D and 9-volt, may be disposed with regular municipal solid waste.
Rechargeable dry cell and button batteries shall be separated and
brought to retail outlets or other facility providing specific arrangements
for the proper packaging and shipment of rechargeable and/or button
batteries to appropriate processing facilities.
Collections for the owner, agent, lessee, tenant or occupant
of any premises whereon a business is conducted shall be made in the
same manner as for regular persons and homeowners,
a.
Refuse
Disposal. Refuse shall be disposed of only through use of sanitary
landfills established, conducted, operated and maintained in accordance
with standards established by the Department of Environmental Protection
or through use of incinerators constructed, operated and maintained
in accordance with standards established by the Department of Environmental
Protection and code or regulation of the New Jersey Air Pollution
Control Commission or Environmental Protection Agency or other methods
of disposal as may be permitted by code or regulation of that Commission.
b.
It
shall be unlawful for the owner, tenant or other occupant of any premises
to install, maintain or use on the premises any device which grinds,
mashes, crushes, pulverizes, shreds or otherwise similarly treats
garbage or refuse and permits the garbage or refuse to enter into
the sanitary sewer system, which devices are commonly referred to
as "garbage disposals" or "garbage grinders." In any case where garbage
disposals or grinders are presently installed, the owner, tenant or
other occupant of the premises may continue to use same, provided
that there is no expansion in the use of same.
Vehicles used for the purpose of collecting refuse from receptacles
as prescribed by the provisions of this chapter shall be loaded in
such fashion that no part of the contents shall fall, leak or spill
therefrom. Each such vehicle shall be adequately and tightly covered
as may be directed by the Health Officer or the Monmouth County Health
Department.
a.
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 Borough,
to separate designated recyclable materials from all solid waste.
b.
Designated
recyclable materials shall be deposited separate from other solid
waste generated by the owners, tenants or occupants of such premises
and shall be placed in a rigid container(s) with a secure lid, at
the curb in a manner (single stream or separated as designated by
the Borough) and on such days and times as may be hereinafter established
by regulations promulgated by the Borough.
c.
No
recyclables intended for municipal collection shall be placed in plastic
bags.
d.
Any
multi-family complex, business or institution not provided recyclables
collection service by municipal forces or through municipal contract
shall be responsible for arranging the appropriate separation, storage,
collection and ultimate recycling of all designated recyclables.
Designated mandatory recyclable materials for all residential,
commercial and institutional waste generators are as follows:
a.
Aluminum Cans;
b.
Ferrous Containers;
c.
Glass Containers;
d.
HDPE and PETE Containers;
e.
Newspapers;
f.
Corrugated Cardboard;
g.
Clean Mixed Paper;
h.
Leaves and Grass;
i.
Tree Parts (stumps and limbs over three inches in diameter);
j.
Concrete;
k.
Asphalt;
l.
Bulk Ferrous and Non-Ferrous Scrap Metal (any amount over 5 pounds
in weight or bigger than one cubic foot);
m.
Automotive and Household Batteries;
n.
Used Motor Oil.
a.
Newspapers shall be kept separate from and not mixed with regular
garbage and refuse which is collected. Persons may wrap solid waste
in used newspapers and discard same with regular solid waste.
b.
Ownership of Newspapers; Police Offense. From the time of placement
at the curb, by any resident, of used newspapers for collection pursuant
to the program established by the Borough and the rules and regulations
issued hereunder, such materials shall become and be the property
of the Borough, and it shall be a violation of this section for any
person other than persons authorized by the Borough Council or the
resident to collect, pick up or cause to be collected or picked up
such materials. Each such collection in violation hereof from one
or more residences during the period shall constitute a separate and
distinct offense.
All residents and businesses shall recycle used motor oil in
accordance with existing State regulations (N.J.S.A. 13:1E-99.11 et
seq.), and all service stations, oil retailers and motor vehicle re-inspection
stations with used oil holding tanks shall accept up to five gallons
at a time of used motor oil from individuals changing oil from cars,
lawn mowers or motorcycles and shall post a sign informing the public
that they are a used oil collection site.
In accordance with the "New Jersey Electronic Waste Management
Act," computers, computer monitors and related electronics hardware,
including analog or digital televisions, are prohibited from being
placed with other solid waste for disposal and must be recycled at
a designated electronic waste recycling facility.
No liquids of any type may be placed with recyclables. No chemicals,
paints, pesticides, herbicides, reactive polishes or cleansers, cleaning
or automotive products may be placed with recyclables or solid waste
for disposal ("hazardous waste exclusion").
Leaves shall be kept separate from other vegetative waste, and
may only be placed for collection in the manner and schedule as shall
be designated by the Borough of Roosevelt. Grass clippings may not
be placed with other materials for solid waste or recyclable materials
collection. This requirement shall not prohibit any person or establishment
from making arrangements to collect leaves and grass directly from
their property through their own efforts via contract with a landscape
service or other appropriate company, for direct transportation to
a permitted recycling facility.
Automotive and other vehicle or wet cell batteries, used motor
oil and anti-freeze shall not be disposed as solid waste. Such items
are to be kept separate from other waste materials and recyclables,
and brought to local service stations, scrap yards, or facilities
designed and permitted to handle such products.
a.
Pursuant
to N.J.S.A. 13:1E-99.16(d), the Mayor and Borough Council may exempt
persons occupying commercial or institutional premises within the
Borough from the source separation requirements of this chapter which
requires persons generating municipal solid waste 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.
b.
To
be eligible for an exemption pursuant to this section, a commercial
or institutional generator of solid waste shall file an application
for exemption with the Recycling Coordinator on forms to be provided
for this purpose. The affected commercial/institutional waste generator
shall provide annual written documentation to the municipal recycling
coordinator of the total number of tons collected and recycled for
each designated material.
c.
Failure
of the exempted business or institution to comply with municipal approval
or reporting requirements, or to show a letter of exemption to enforcement
officers or the Recycling Coordinator when requested, will expose
the exempted waste generator to minimum base penalties of $3,000 for
each violation, as per N.J.A.C. 7:26A-10.3.
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 be the responsibility of the resident
or occupant to properly segregate the uncollected solid waste for
proper disposal or recycling. Any company or agency providing dumpsters,
roll-off or other containers to multi-family residential complexes
with shared disposal/recycling areas, commercial, industrial or institutional
generators of solid waste or construction/demolition job sites, shall
be responsible for clearly marking such containers as used for the
separate collection of solid waste or designated recyclable materials,
as may be appropriate.
a.
Recyclable material as defined herein shall be the property of the
Borough once placed on the curbside or brought to a drop-off center.
b.
It shall be a violation of this section for any person unauthorized
by the Borough Council to pick up or cause to be picked up the recyclable
material as defined herein. Each such collection in violation hereof
shall constitute a separate and distinct offense punishable as hereinafter
provided.
a.
The Recycling Coordinator shall be appointed by the Mayor, with the
advice and consent of Council, for a term of one year, expiring December
31 of each year. The term of the person first appointed as Recycling
Coordinator shall expire December 31 of the year of that person's
appointment.
b.
The Recycling Coordinator, subject to the approval of the Borough
Council, shall establish and promulgate reasonable rules and regulations
as to the manner, days and times for the collection, sorting, transportation,
sale and marketing of the recyclable material in order to encourage
the preservation of material resources while minimizing the cost of
the recycling program to the Borough.
c.
The Recycling Coordinator shall have certification as a "Certified
Recycling Professional (CRP)."
d.
The Recycling Coordinator shall be responsible for providing annual
or other reports as required by the State or County agencies regarding
local solid waste and recycling programs. Additionally, the Recycling
Coordinator shall be responsible for reviewing the performance of
the school and municipal agencies in conducting recycling activities,
periodic review of local residential and business recycling practices
and compliance, review and recommendation on local subdivision and
site plan submittals and local construction and demolition projects
for appropriate solid waste and recycling provision, reports to the
Borough Council on the implementation and enforcement of the provisions
of this chapter, and any other reports or responsibilities as may
be requested by the Borough Council.
Anything herein to the contrary notwithstanding, any person,
partnership or corporation who is owner, lessee or occupant of a residential
or nonresidential property may donate or sell the recyclable material
as defined herein to any person, partnership or corporation, whether
or not operating for profit. The persons, partnership or corporation,
however, shall not pick up the recyclable materials at curbside or
at a municipal drop-off center and must report tonnage of each item
recycled on a quarterly basis.
a.
The owner of any property shall be responsible for compliance with
this chapter. For apartment and other multi-family 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 and providing separate and clearly marked containers for designated
recyclable materials.
b.
The management or owner of such establishment not served by municipal
forces or through a municipal contractor shall also provide an annual
report describing arrangements for solid waste and recycling services,
including the company name and contact information for such contracted
services.
c.
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.
a.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this chapter.
b.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, industrial or institutional
property owner or their designee, unless the Borough provides for
the collection of designated recyclable materials. All commercial,
industrial or institutional properties which provide outdoor 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.
c.
Every business, industrial or institutional facility shall report
on an annual basis to the Recycling Coordinator, on such forms as
may be prescribed, on recycling activities at their premises, including
the amount of recycled material, by type, collected and recycled and
the vendor or vendors providing the recycling service.
a.
All apartment and other multi-family complexes, businesses, schools
and other public or private institutions shall provide separate and
clearly marked containers for use by residents, students, employees,
customers or other visitors, for trash and the various types of recyclables,
as appropriate.
b.
Any company or agency providing dumpsters, roll off or other containers
to any apartment or other multi-family complex with shared disposal
and recycling areas, or to any business, school or other institution,
or for any construction/demolition project, shall clearly mark such
container for trash or for specific recyclables, as may be appropriate.
a.
Any applicant for a construction or demolition permit for any property
within the Borough of Roosevelt shall be required to provide a Debris
Management Plan for handling solid wastes and recyclables generated
during such activity, including the estimated number and types of
containers to be used and the disposition of such materials.
b.
A refundable deposit of $500 shall be submitted with the Debris Management
Plan, of which all $500 will be returned after completion of the project
and submittal of receipts and other documentation demonstrating the
proper disposal or recycling of all solid waste and recyclables.
a.
All designated recyclables shall become the property of the Borough
once placed at curbside.
b.
It shall be a violation of this section for any unauthorized person
to pick up or cause to be picked up, any recyclable materials as defined
herein. Each such collection shall constitute a separate and distinct
offense.
c.
Any person may donate or sell self-generated recyclable materials
to any person, partnership or corporation, whether or not operating
for profit. The person, partnership or corporation shall not pick
up recyclable materials at curbside.
[New]
a.
The Borough Council, with the advice of the Recycling Coordinator,
shall forthwith establish and promulgate regulations detailing the
method, days and times for the collection of the recyclable materials
designated in this section and such other matters as are required
to implement this section. Such regulations shall take effect only
upon the approval of the Borough Council by adoption of a resolution
implementing the same.
b.
The Recycling Coordinator, Monmouth County Health Department Solid
Waste Enforcement Team (SWET), Borough Clerk and the Superintendent
of Public Works are hereby individually and severally empowered to
inspect solid waste and recycling arrangements and compliance at local
residences, commercial, industrial or other institutions, and to enforce
the provision of this chapter, by issuance of summonses and complaints.
Any person violating any of the provisions of this chapter shall
be subject to a fine of not less than $250 nor more than $1,000 for
each offense. Each and every day in which a violation of any of the
provisions of this section exists shall constitute a separate offense.
Copies of Ordinance No. 126-1 shall be filed with the Roosevelt
Borough Tax Assessor, Attorney, Engineer, Construction Official, Zoning
Officer, Planner, Planning Board and Planning Board Attorney.
