[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]
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.
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.
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.
Shall mean and include an electronic device used for data
processing and storage and the device that displays signals on a computer
screen.
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.
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.
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.
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.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
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.
