Borough of Farmingdale, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Ord. No. 2010-01; Prior ordinance history: Ordinance No. 7-87]
Proper management of solid waste is an important matter of public health and safety. The source separation and recovery of certain recyclable materials will serve the public interest by conserving energy and natural resources, and reducing waste disposal expenses. In accordance with the requirements of the New Jersey Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the 2009 Update of the Monmouth County Solid Waste Plan, it is necessary to update and amend existing municipal rules and regulations for the separation, storage, collection and recovery of designated recyclable materials.
The Governing Body may use municipal personnel to collect recyclable material from residential properties and public school properties as set forth herein at curbside and/or from a drop-off center and shall sell the recyclable material if a market exists therefor pursuant to N.J.S.A. 40A:11-1 et seq. The recycling products from properties which have home occupations other than professionals or uses that create an unusual amount of material will be collected by the Borough employees.
The Governing Body may elect to enter into agreements with qualified persons or corporations authorizing them to collect the recyclable material at curbside or from a drop-off center and to sell the recyclable material.
[Ord. No. 2010-01]
a. 
It shall be mandatory for all persons who are owners, lessees and occupants of residential property, of business and industrial properties, and of private or public and government institutions and buildings, to separate newspaper, corrugated cardboard, clean mixed paper, aluminum cans, tin and bi-metal cans, glass bottles and jars, and pourable plastic bottles ("designated recyclable"), from all other solid waste produced by such residences and establishments, for the separate collection and ultimate recycling of such materials.
b. 
Residences, businesses and institutions provided with recyclables collection service by municipal forces or through municipal contract shall place all designated recyclables in the appropriate containers at curbside or other area(s) in the manner and schedule as regularly published and distributed by the municipality.
c. 
Any multi-family complex, business or institution not provided recyclables collection service by municipal forces or through municipal contract, with the exception of public school properties, shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables.
d. 
Any multi-family complex, business or institution which is not provided recyclables collection service by municipal forces or through municipal contract, with the exception of public school properties, shall provide the municipality with, at a minimum, an annual report describing arrangements for both solid waste and recyclables collection services, including the size, number and location of storage containers, frequency of pickup service, the name and address of any contractor hired to provide such service, and phone and other contact information for the contractor.
e. 
Leaves shall be kept separate from other vegetative waste, and shall only be placed for collection in the manner and schedule as shall be published and distributed by the municipality. Grass clippings shall not be placed with other materials for solid waste 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 or via contract with a landscape service or other appropriate company, for direct transportation to a permitted recycling operation.
f. 
The following bulky recyclables shall not be placed with solid waste at the curbside or in containers provided for waste collection and transportation to a disposal facility: concrete, asphalt, brick, block, tree stumps, tree limbs over three inches in diameter, metal appliances or bulk metal items larger than one cubic foot and/or heavier than five pounds.
g. 
No liquids, including but not limited to chemicals, paints, pesticides, herbicides, reactive polishes or cleansers shall be placed with recyclables or solid waste for disposal.
h. 
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 publicly-operated recycling facilities designed and permitted to handle such products.
i. 
Common, nonrechargeable dry cell batteries, commonly labeled A, AA, AAA, C, D and 9-Volt, may be disposed with regular municipal solid waste; however, rechargeable dry cell and button batteries still contain significant amounts of various toxic metals, including mercury, and shall be separated and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.
j. 
Computers, computer monitors and other related electronic hardware, as well as analog and digital televisions, are prohibited from being placed with other solid waste for disposal. These and other electronic devices shall be kept separate and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for shipment of these items to appropriate processing facilities.
[Ord. No. 2010-01]
ALUMINUM CANS
Shall mean and include all disposable cans made of aluminum used for food or beverages. Specifically excluded are aluminum foils, pie tins, trays, cookware and other aluminum products.
BULKY RECYCLABLES
Shall mean and include construction and/or demolition debris such as concrete, asphalt, brick, block, trees, tree parts in excess of three inches in diameter and wood pieces.
CLEAN MIXED PAPER
Shall mean and include 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.
COMPUTERS AND COMPUTER MONITORS
Shall mean and include an electronic device used for data processing and storage and the device that displays signals on a computer screen.
CORRUGATED CARDBOARD
Shall mean and include layered cardboard including a waffled section between the layers, of the type commonly used to make boxes and cartons. Specifically excluded are waxed cardboard and any cardboard contaminated by direct contact with food, such as pizza boxes.
GLASS BOTTLES AND JARS
Shall mean and include transparent or translucent containers made from silica or sand, soda ash and limestone, used for the packaging or bottling of various products. Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.
NEWSPAPERS
Shall mean and include paper of the type commonly referred to as newsprint, and includes any inserts which are normally included in the newspaper. Specifically excluded are any pages of the newspaper used for household projects and crafts, such as painting or paper mache projects, or used for cleanup of pet waste.
POURABLE PLASTIC CONTAINERS
Shall mean and include 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.
SOLID WASTE
Shall mean and include garbage and rubbish normally produced by the occupants of commercial, industrial and residential property and disposed of by private or public pickup.
TIN AND BIMETAL CONTAINERS
Shall mean and include all disposable cans made of tin, steel or a combination of metals including, but not limited to, containers commonly used for food products. Specifically excluded are cans which contain toxic products, such as paints and oils.
[Ord. No. 2010-01]
a. 
The position of Recycling Coordinator is hereby created and established within the municipality, to be appointed by the Governing Body, for a term of one year expiring December 31 of each year.
b. 
The Recycling Coordinator, subject to the approval of the Governing Body, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and/or marketing of said recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Borough of Farmingdale.
c. 
The duties of the Recycling Coordinator shall include the preparation of such annual or other reports as required by State or county agencies regarding local solid waste and recycling programs; reviewing the performance of local schools 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 waste disposal and recycling provisions, and other reports as may be requested by the Governing Body.
[Ord. No. 2010-01]
a. 
All designated recyclables become the property of the municipality and/or the contractor collector once placed at the curbside or in a container provided by the contractor.
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. 
Notwithstanding anything herein to the contrary, 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, however, shall not pick up the recyclable materials at curbside.
[Ord. No. 2010-01]
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, rolloff 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.
[Ord. No. 2010-01]
a. 
The municipality shall issue construction and demolition permits only after the applicant has provided a Debris Management Plan identifying the estimated number and types of containers to be used for the handling of all solid wastes and recyclables generated during the project, and arrangements for the proper disposition of the general materials.
b. 
A refundable deposit of $50 to $1,000 shall be submitted with the Debris Management Plan, which will be returned after completion of the project and submittal of appropriate records documenting the quantity and disposition of solid wastes and recyclables. Inadequate or incomplete documentation may result in the forfeiture of some or all of the required deposit.
[Ord. No. 2010-01]
a. 
The duly appointed Municipal Recycling Coordinator, his/her designated agent, and the Monmouth County Health Department are hereby jointly and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, businesses, schools and institutions, and to enforce the provisions of this section, by issuance of warnings, notices, summonses and complaints. A typical inspection may consist of sorting through containers and opening bagged solid wastes to detect the presence of recyclable materials.
b. 
The authorized inspector may, in his or her discretion, issue a warning rather than a summons following an initial inspection(s), with a follow up visit to determine compliance within a stated period of time.
[Ord. No. 2010-01]
Any person, firm or corporation who violates or neglects to comply with any provision of this section or any rule or regulation promulgated pursuant thereto, shall be subject to upon conviction, the penalty stated in Chapter 1, Section 1-5. As an alternate penalty, a convicted person may be ordered to perform community service in the recycling program, for a period not to exceed 90 days. Each day such violation or neglect is commented or permitted to continue, shall constitute a separate offense and be punishable as such.
[Ord. No. 2010-01]
Branches, trees and/or parts of trees may be placed immediately adjacent to the curb of the premises in question so as not to block the sidewalk extending not further than three feet from the curb. No lumber or wood may be placed for collection by the chipper. Lumber or wood shall be placed in the regular trash collections, unless the amount determines that a dumpster is required to be hired by the homeowners.
[Ord. No. 2010-01]
No person, owner, occupant and/or tenant of a property in the Borough of Farmingdale shall rake, blow, push and/or drag leaves from his property onto the public streets of the Borough of Farmingdale, except as permitted by other ordinance or Borough collection policy. Leaves shall be raked to curbside for collection by the leaf sweeper at the times designated.
[Ord. No. 2010-05]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Farmingdale and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2010-05]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Farmingdale or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2010-05]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Farmingdale.
[Ord. No. 2010-05]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. No. 2010-05]
The administrative and enforcing authority for the provisions of this chapter shall be the Code Enforcement Officer, Construction Code Officials, Fire Official, Health Officer, Officer within the State Police Department, Zoning Officer or any other duly appointed official of the Borough of Farmingdale.
[Ord. No. 2010-05]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine in accordance with the penalty stated in Chapter 1, Section 1-5 and to repay to the Borough of Farmingdale the cost of cleanup of the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Farmingdale and/or the waters of the State so as to protect public health, safety and welfare. This shall include the cost of the product necessary to be used on the roadway and/or streets of the Borough of Farmingdale and for any cost of manpower and equipment used by the Public Works Department or Fire Department of the Borough of Farmingdale or any agents, representatives or contractors hired by the Borough of Farmingdale for the cleanup.