[Ord. No. 478-13 § 1]
This section shall be known and may be cited as the Borough of West Cape May Recycling Program Ordinance.
[Ord. No. 478-13 § 2]
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
- DESIGNATED RECYCLABLE MATERIALS
- Shall mean those materials designated within the Cape May County Solid Waste Management Plan to be source separated for the purpose of recycling by residential, commercial, institutional and industrial sectors. The recycling of these materials is mandatory; they cannot be disposed of as solid waste. The source separated recyclable materials that are mandated for recycling are organized into the following two categories, which include but are not limited to:
- 1. Category 1: Designated Recyclable Materials to Be Set Out at Curbside:
- (a) The following source separated recyclable materials shall be mixed together and set out at curbside for collection; this set out and collection system shall be known as "single stream collection." The following items are included as "single stream recyclable materials:"
- (1) Paper Products — Newspaper with inserts, magazines, office paper, junk mail including telephone and paperback books, corrugated cardboard, brown paper bags, non-foil wrapping paper, and chipboard packaging including but not limited to dry food boxes (cereal, rice, pasta, cookie and cracker), gift, shoe and tissue boxes, powdered detergent boxes, paper towel rolls, clean pizza boxes (no food debris) and cardboard beverage carriers. Remove and throw away all liner bags, food contaminated paper and waxed-coated cardboard boxes.[Amended 8-28-2019 by Ord. No. 571-19]
- (2) (Glass, Food and Beverage Containers — Clear, green and brown food and beverage bottles and jars, excluding however, blue bottles, window glass and light bulbs. All food and liquid residue shall be removed from containers.
- (3) Metal Food and Beverage Containers — Aluminum and steel food and beverage containers five gallons or less in size, including empty aerosol cans. No paint cans. All food and liquid residue shall be removed from containers.
- (4) Plastic Containers — Plastic containers imprinted with a (PETE), (HDPE), (PVC), (LDPE), (PP), (PS) or (Other) on the bottom, five gallons or less in size, including bottles, jugs, jars and other rigid plastic containers. Plastic containers from food, beverage, health, beauty and cleaning products are included. Examples include, but are not limited to; margarine tubs, microwave trays, yogurt containers, plastic buckets and landscape pots. No Styrofoam packaging. No polystyrene egg cartons. No beverage cups. No PVC pipe. No plastic film. No plastics which contained chemicals or hazardous products, such as motor oil or pesticide containers. All food and liquid residue shall be removed from containers.
- (b) The following source separated recyclable materials shall be set out at curbside for collection; these items shall not be mixed with single stream recyclable materials:
- 2. Category 2: Designated Materials to Be Recycled by the Individual Generator or Municipality via Drop-Off at Cape May County Municipal Utilities Authority (CMCMUA) or Private NJDEP Approved Recycling Facilities, as applicable:
- (a) Brush, Tree Branches and Stumps — All parts of vegetative growth from trees, and vegetative materials generated during land clearing;
- (b) Ferrous and Nonferrous Scrap — Metals, such as copper, iron, sheet metal, aluminum, radiators, structural steel, metal pipe and "white goods" including, but not limited to, appliances containing "CFC's" or Freon;
- (c) Computers and Consumer Electronics — 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 with a screen that is greater than four (4") inches measured diagonally and that contains one or more circuit boards including, but not limited to, televisions and cell phones. Also includes VCR's, radios and landline telephones;
- (d) Motor Oil / Kerosene / # 2 Heating Oil — Crank-case oil and similar oils, kerosene fuel and #2 home heating oil which are used to fuel heating equipment;
- (e) Wood Pallets and Crates — Clean untreated, unpainted pallets and crates only;
- (f) Batteries - Lead Acid Batteries — Used SLA (sealed lead acid) batteries generated from motor vehicles, aviation and marine equipment;
- (g) Propane Tanks — Empty 20 to 30 lb. BBQ type tanks;
- (h) Contaminated Soil — If classified as ID27, all fuel contaminated soil, dewatered soil, and stone from septic beds and similar materials which are allowed to be recycled in accordance with the regulations of the New Jersey Department of Environmental Protection;
- (i) Commercial Cooking Grease — Grease and oil generated from food preparation by commercial sources only;
- (j) Asphalt and Concrete — Asphalt and concrete materials from construction and demolition projects;
- (k) Auto and Truck Bodies — All junk automobiles, trucks and parts;
- (l) Tires — Worn truck and passenger car tires;
- (m) Used Oil Filters — Used filters that are generated from changing crankcase oil in automobiles, trucks and other vehicles;
- (n) Antifreeze — Used antifreeze generated from automobiles, trucks and other vehicles/ sources; and
- (o) Consumer Rechargeable NiCad (Nickel-Cadmium) and Small Sealed Lead Acid Batteries — Small sealed batteries generated from use of electronic equipment.
- MUNICIPAL RECYCLING COORDINATOR
- Shall mean the person or persons appointed by the Municipal Governing Body and who shall be authorized to enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder. This appointee shall also be responsible to assure that all materials recycled in the municipality are properly reported and recorded. The New Jersey Mandatory Source Separation and Recycling Act requires that each municipality appoint at least one individual as Municipal Recycling Coordinator who has successfully completed all requirements mandated by the State of New Jersey to be designated as a New Jersey Certified Recycling Professional.
- MUNICIPAL SOLID WASTE (MSW) STREAM
- Shall mean all solid waste generated at residential, commercial and institutional establishments within the boundaries of the Borough of West Cape May.
- Shall mean the New Jersey Department of Environmental Protection;
- RECOMMENDED RECYCLABLE MATERIALS
- Shall mean those materials recommended within the Cape May County Solid Waste Management Plan to be source separated for the purpose of recycling by residential, commercial, institutional and industrial sectors.
- RECYCLABLE OR RECYCLABLE MATERIAL
- Shall mean 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 SEPARATION
- Shall mean 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;
- SOURCE SEPARATED RECYCLABLE MATERIALS
- Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
[Ord. No. 478-13 § 3]
Mandatory Source Separation. It shall be mandatory for all persons who are owners, lessees, tenants or occupants of residential and nonresidential premises, including but not limited to retail and commercial locations, government, schools and other institutional locations within the Borough of West Cape May, to separate designated recyclable materials from all solid waste.
Category 1 designated recyclable materials shall be placed at the curb in a manner and on such days and times as may be hereinafter established by the Borough of West Cape May.
When municipal curbside collection is not provided for designated recyclable materials, as is the case for those recyclables included in Category 2, it shall be the obligation of the generator to deliver or arrange for the delivery of such materials to the Cape May County Municipal Utilities Authority (CMCMUA) recycling facilities located at the Sanitary Landfill and/or Transfer Station as applicable, or to a private sector market for recycling.
[Ord. No. 578-13 § 4]
The collection of source separated recyclable materials shall be in the manner prescribed as follows:
It is the responsibility of the property owner to provide adequate size and number of containers for the placement of recyclables for curbside collection as follows: Single stream recyclable materials as defined in Category 1(a) shall be mixed together in one container. More than one container may be used for single stream recyclable materials; however, each container used should be marked or labeled to identify its contents as single stream recyclable materials. All set out containers which contain single stream 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.
All receptacles or dumpsters shall be maintained in a clean and safe manner.
The following materials must be source separated and recycled through the municipal recycling program in the following manner:
Leaves and Grass. Leaves and grass shall be collected curbside on the day scheduled by Public Works. Only leaves and grass placed in compostable bags will be picked up. Items 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. Receptacles or other items to be recycled shall be placed as noted above any time 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.
Christmas Trees. Christmas trees shall be collected curbside only on the days specified by Public Works during the month of January. Trees 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. Receptacles or other items to be recycled shall be placed as noted above any time 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.
Editor's Note: Former Subsection c3, White Goods, and 4, Ferrous and Nonferrous Scrap, were repealed 8-28-2019 by Ord. No. 571-19.
The following materials must be source separated and recycled by the generator at authorized CMCMUA recycling facilities or any NJDEP approved recycling center:
Brush, Tree Branches and Tree Stumps
Ferrous and Nonferrous Scrap
Wood Pallets and Crates
Computers and Consumer Electronics
Lead Acid Batteries
Used Motor Oil
Kerosene / #2 Heating Oil
Used Oil Filters
Asphalt and Concrete
Auto and Truck Bodies
Commercial Cooking Grease
Consumer Rechargeable NiCad and Small Sealed Lead Acid Batteries
[Ord. No. 578-13 § 4.1]
The owner of each property shall be responsible for compliance with this section. For multifamily units, including but not limited to condominium complexes and seasonal hotel/motels and guest houses, the management or owner is responsible for setting up and maintaining the recycling system, including collection of designated recyclable materials, except for those designated recyclable materials for which municipal collection service is provided to multifamily units. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The owner or management shall issue notification and collection rules regarding recycling requirements to all new tenants when they arrive and with a reminder a minimum of every six months during their occupancy.
[Ord. No. 478-13 § 4.2]
All commercial, business or industrial facilities shall be required to comply with the provisions of this section.
The arrangement for collection of all categories of designated recyclable materials hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, except for those specific designated recyclable materials that are collected by the municipality from that property. All commercial, institutional or industrial properties at which litter is generated by employees or the public shall provide litter and recycling receptacles. These properties shall provide for separate recycling collection services for the contents of the recycling receptacles.
Every business, institution or industrial facility shall report on a quarterly basis to the Municipal Recycling Coordinator, on such forms as may be prescribed, regarding recycling activities at their premises, including the amount and type of recycled material not placed curbside for municipal collection. If material is removed from the premises by a hauler, recycler or paper shredder, the quantity and final disposition of the material is to be reported on the form.
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle commercial cooking 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.
[Ord. No. 478-13 § 4.3]
Any application to the Planning Board of the Borough of West Cape May, for subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single-family developments of three or more units or any commercial, institutional or industrial development of 1,000 square feet or more, must include a recycling plan. This plan shall contain, at a minimum, the following:
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 Borough of West Cape May, the owner of any new multi-family 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 Designated Recyclable Materials for those locations or properties where the municipality does not otherwise provide this service.
[Ord. No. 478-13 § 5]
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 container of solid waste contains designated recyclable materials.
It shall be the responsibility of the owner or occupant to properly segregate the uncollected waste for proper disposal and/or recycling. Allowing such unseparated solid waste and recyclables to accumulate at the curbside beyond 7:00 p.m. on the day of collection will be considered a violation of this section and the local sanitary code.
Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than any personnel authorized by the municipality or the owner or occupant responsible for placement of the designated recyclable materials for collection, shall tamper with, collect, remove, or otherwise handle designated recyclable materials. Upon placement of such designated recyclable material, it shall become property of the municipality. It shall be a violation of this section for any person not duly authorized to collect or pick up or cause to be collected or picked up any recyclable materials that are the property of the municipality as provided for above.
[Ord. No. 478-13 §§ 6, 6.1]
For all activities that require municipal approval such as construction, demolition or public event permits, a designated recyclable materials plan shall be filed along with all other required permit conditions. The plan shall include provisions for the recovery of all designated recyclable materials generated during construction, renovation and demolition activities, as well as, public events.
Compliance with Diversion Requirement. The Municipal Recycling Coordinator shall review the information submitted pursuant to this subsection of the section and determine, prior to the issuance of the municipal approval or permit, whether the plan submitted by the owner of the entity carrying out the covered activity will comply or fail to comply with the recycling requirements set forth herein. The determination regarding compliance will be provided to the Municipal Public Works Director/Supervisor and the owner of the entity carrying out the covered project in writing. When such plan is deemed not compliant, the Municipal Recycling Coordinator shall include specific conditions to be implemented by the permit holder to achieve compliance. It shall be a violation of this section for any owner or permit holder to fail to comply with the recycling requirements set forth herein.
[Ord. No. 478-13 § 7]
The Municipal Recycling Coordinator and his designees are hereby individually and severally empowered to enforce the provisions of this section. The enforcers of the section may conduct inspections at the site of the generator, which consists of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any designated recyclable material.
Additionally, the Cape May County Health Department (CMCHD) shall be empowered to enforce the provisions of this section. The municipality shall retain primary enforcement responsibility with the CMCHD serving in a secondary enforcement role which includes inspection of commercial establishments with proof of violations prior to law enforcement actions.
[Ord. No. 478-13 § 8]
If any subsection, paragraph, clause or provision of this section shall be adjudged by a Court of competent jurisdiction to be invalid, such adjudication shall apply only to the subsection, paragraph, clause or provision so adjudged, and the remainder of this section shall be deemed valid and effective.
This section shall take effect immediately upon enactment by the Governing Body of the municipality.
[Ord. No. 478-13 § 9]
The Governing Body is hereby authorized to promulgate, from time to time, additional rules and regulations relating to the source separation, preparation, placement and collection of recyclable materials pursuant to the provisions of this program and section; provided, however, that such rules and regulations shall not be inconsistent with terms and provisions of this section and shall be approved by the Governing Body. Such rules and regulations shall be duly promulgated subsequent to publication so that the public has had notice thereof.
[Ord. No. 478-13 § 10]
Any person or entity violating, or failing to comply with, any of the provisions provided in this section shall, upon conviction thereof, be punishable by a fine of not less than $50 and not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Municipal Judge. The continuation of any violation for each successive day shall constitute a separate offense, and the person, persons, or entity allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. Any violation may be afforded at least one warning at the discretion of the enforcement designees before the issuance of any fines.
[Ord. No. 223-94, Preamble; amended 8-28-2019 by Ord. No. 571-19]
N.J.S.A. 40:66-5.1 requires all municipalities to adopt a proof of service ordinance with respect to the collection and disposal of solid waste generated on premises within the municipality in those situations where the municipality does not pick up and collect solid waste as part of its governmental functions; and the Borough of West Cape May does not pick up and collect solid waste for commercial and industrial properties as part of its governmental functions.
Editor's Note: Former § 18-2.2, Proof of Contract Required; Exception; Residential Properties, Ord. No. 223-94, § 1, was repealed 8-28-2019 by Ord. No. 571-19.
[Ord. No. 223-94 § II]
The owner of all other improved properties within the Borough utilized for any commercial, industrial or other purposes shall also, at least annually and by July 1st of each calendar year, provide written proof to the Borough Clerk that there exists a contract with a licensed solid waste collection service for the periodic collection and removal of solid waste from such commercial or industrial property.
[Ord. No. 223-94 § III]
The furnishing of proof required by this section may, at the option of the owner or owners of the particular property, be furnished by sending the required written proof along with any required tax payment made to the Borough Tax Collector who shall then transmit same to the Borough Clerk.
[Ord. No. 223-94 § IV]
The owner or owners of all properties improved and designated as multi-family housing shall be required to furnish and maintain on the property a sufficient number of appropriate solid waste containers for the deposit of nonrecyclable waste materials to be disposed of as solid waste.
[Ord. No. 223-94 § V]
The Borough shall, at six month intervals, provide notice of the requirements of this section as required by N.J.S.A. 40:55-5.1(c). The failure to provide such notice, however, shall not constitute a defense to any action asserting a violation of any of the provisions of this section.
[Ord. No. 223-94 § VI]
[Ord. No. 357-05, Preamble; amended8-28-2019 by Ord. No. 571-19 ]
The Borough of West Cape May, following a referendum on the issue, has determined that it would contract for private collection of residential solid waste.
It has therefore become necessary to establish rules and regulations governing the collection of residential solid waste.
[Ord. No. 357-05 § 1]
As used herein, the following words and terms shall have the meanings set forth below:
- BULK TRASH
- Shall mean large discarded items, such as furniture, TV sets, mattresses, boards and pieces of wood, but does not include tree stumps, cast iron, metal piping, demolition or construction materials, automobiles and automobile parts.
- Shall mean the person, firm or corporation having a contract with this Borough for the collection and removal of garbage and trash.
- Shall mean all waste, both animal and mineral, which results from the preparation of food for human consumption.
- Shall mean the owner, agent, tenant, lessee, caretaker or any other person in charge of any residential premises in the Borough.
- RESIDENTIAL SOLID WASTE
- Shall mean garbage and trash produced by residential properties. For purposes of this section, solid waste generated by home occupations shall be considered residential solid waste.
- SOLID WASTE
- Shall mean and include both garbage and trash, as defined in this section.
- Shall mean all discarded materials, such as items from household waste baskets, cleaning supplies, plastic containers, pizza boxes, old shoes, crockery, rags, ashes, shells, lawn, grass and leaves. Trash shall not include tree trimmings, bulk trash or recyclables.
[Ord. No. 357-05 § 2; amended 8-28-2019 by Ord. No. 571-19]
Residential solid waste shall be collected once each week on such days and at such hours as are specified by the Borough Commissioners.
Residential bulk trash shall be collected twice each year at a time and hour to be specified by the Board of Commissioners.
[Ord. No. 357-05 § 3]
All vehicles used for the collection and removal of solid waste shall be provided with watertight containers, hydraulically or mechanically operated, closely and entirely covered in such a manner as to prevent leakage or dispersal of their contents. Said containers shall be kept closed at all times except when actually being filled or emptied. They shall be maintained in a sanitary manner and shall be washed and disinfected between collections. Vehicles and containers shall be maintained so as to prevent offensive odors or appearances, to the extent possible.
Whenever weather conditions or other causes make it impossible to make a scheduled collection or any portion of a scheduled collection, the contractor shall immediately report such fact to the Borough Clerk.
Neither the contractor nor any of his agents, collectors or employees shall pick or sort garbage or trash. The contents of containers of garbage or trash shall be immediately transferred at the time of collection from the premises without any unnecessary delay or exposure and without any spilling.
Immediately upon emptying said containers, the contractor shall, in a careful, quiet and clean manner, return them to the location from which he picked them up.
The contractor shall see to it that his employees, agents and collectors shall deport themselves in a quiet, decent and law abiding manner and shall apply themselves diligently to the performance of the necessary work and shall refrain from neglect or insolence or any improper conduct, and the contractor shall discharge any employees failing in these requirements.
The contractor shall not sprinkle or place any disinfectant or poisonous chemical upon any garbage or trash within the limits of this Borough.
[Ord. No. 357-05 § 4]
Each occupant of any residential premises or mobile home lot in this Borough shall provide suitable containers for collection of garbage and trash. Said containers shall be made of either metal or plastic; they shall be watertight and have close fitting covers; and they shall be of a capacity of not less than 32 gallons.
The contents of a container shall not weigh more than 50 pounds.
Garbage shall be drained of all moisture and completely wrapped in paper before being placed in said containers.
Containers shall be placed at the curb or property line along a public highway in such a manner as to give the contractor ready access to the same. No collections will be made from any location which is not right along the right-of-way of a public highway.
[Ord. No. 357-05 § 5]
The contractor shall comply with all of the foregoing rules and regulations and with the provisions of any other applicable ordinance, regulation or statute.
Each occupant shall comply with all of the foregoing rules and regulations.
In addition to any other penalty prescribed herein for failure to comply with the foregoing rules and regulations, the solid waste of any occupant will not be collected unless and until the same is set out for collection in the manner herein prescribed.
[Ord. No. 357-05 § 6]
The violation of any of the provisions of this section shall, upon conviction, be punishable by a fine of not less than $250 nor more than $1,000. Each 24-hour period that any violation continues to exist shall be deemed to be a separate offense and shall be punishable as aforesaid.
[Ord. No. 396-06 §§ 1— 5; amended 8-28-2019 by Ord. No. 571-19]
Residents are responsible for providing their own receptacles.
[Ord. No. 354-05 § I]
The purpose of this section is to establish a yard waste collection and disposal program in the Borough of West Cape May so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 354-05 § II]
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 section 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 the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
- Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
- Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
- YARD WASTE
- Shall mean leaves and grass clippings.
[Ord. No. 354-05 § III]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than ten (10') feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. No. 354-05 § IV]
The provisions of this section shall be enforced by Code Enforcement Officer and/or the City of Cape May Police Department.
[Ord. No. 354-05 § V]
Any person found guilty of a violation of any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5 of the Revised General Ordinances of the Borough.
Any person who is convicted of violating this section within one year of the date of a previous violation of this section, and who was fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine shall not exceed the maximum fine for a violation of the section, but shall be calculated separately from the fine imposed for the violation of the section.
[Ord. No. 442-10 § I]
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 West Cape May 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. 442-10 § II]
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 tax of this section 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 West Cape May 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.
- 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.
- 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 or surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 442-10 § III]
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 West Cape May.
[Ord. No. 442-10 § IV]
Permitted temporary demolition containers.
Litter receptacles (other than dumpsters or other bulk containers).
Individual homeowner trash and recycling containers.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. No. 557-2018]
License. The license applicant must indicate a site or street address associated with the need for a temporary roll-off dumpster or container. The license term is 30 days. The license is site specific and non-transferable. The applicant may apply for multiple license terms at once provided the applicant pays the fee for each additional term.
Public Right of Way. All temporary roll-off containers or dumpsters placed in a public right of way property are required to obtain a license from the Borough of West Cape May. The license fee for public right of way is $100 per term.
Location. To the extent possible, all dumpsters, including but not limited to roll-off dumpsters and roll-off containers, utilized for the purpose of disposing of solid waste and recyclables as well as construction debris, shall be located on private property rather than on streets, highways or public property. In such cases where the only practical location of a roll-off dumpster or a roll-off container is on a street, highway or public property, the Code Enforcement Officer, shall determine the location of all dumpsters and containers, whether roll-off types (or not) so as to not impede or impair public safety. All dumpsters shall have its wheels or skids, as the case may be, placed on timber materials, having minimum dimensions of not less than two inches thick by 12 inches wide by 48 inches long, in such a manner as directed by the Code Enforcement Officer, so as to provide protection to the surface of the street, highway or public property upon which the dumpsters are to be placed.
Damage to street, highway and property prohibited. No person shall purposely, knowingly, recklessly or negligently damage any street, highway or public property or allow damage to be caused to any street, highway or public property by the placement of any dumpster or roll-off container upon a street, highway or public property. It shall be no defense to a prosecution for an offense under this section that a permit for placement of a dumpster or roll-off container was obtained, or that timber material had been placed under the wheels or skids of the dumpster or roll-off container as required by this chapter, it being the responsibility of the property owner to provide for further protective measures to the street, highway or public property if the timber material required by this chapter proves to be insufficient to adequately protect the street, highway or public property from damage by reason of the weight of the dumpster or roll-off container or any other factor or cause.
[Ord. No. 442-10 § V; Ord. No. 557-2018]
This section shall be enforced by the Code Enforcement Officer.
[Ord. No. 442-10 § VI; Ord. No. 557-2018]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,500.
[Added 11-13-2019 by Ord. No. 573-19]
Single-use plastic checkout or carryout bags create significant litter problems in the neighborhoods of West Cape May and have been found in our trees, parks, and sewer systems, and on nearby dunes, beaches and in the Atlantic Ocean.
The broad use of single-use plastic carryout bags and their typical disposal is an impediment to the achievement of the environmental goals of the Borough of West Cape May to maintain a clean community and one that is not hazardous to wildlife.
The production and disposal of single-use plastic carryout bags has significant environmental impacts, including the contamination of the environment, the depletion of our natural resources, the unnecessary use of nonrenewable and polluting fossil fuels, and increased litter and disposal costs.
Of all single-use carryout bags, plastic carryout bags cause more litter and harm to marine life.
The reduction in the use of single-use plastic carryout bags helps to protect the marine environment, advance solid waste reduction, reduce greenhouse gas emissions, and keep waterways clean.
Studies document that banning single-use plastic carryout bags will dramatically reduce the use of plastic bags, encourage the use of recyclable paper bags, and increase customers' use of reusable bags.
The Borough Commission finds that the reduction in the use of single-use plastic carryout bags by food and retail establishments in the Borough of West Cape May is a public benefit.
The Borough Commission desires to reduce the number of single-use plastic carryout bags being used in the Borough, and that are likely to result in litter; and wishes to promote the use of reusable carryout bags and recyclable paper bags by food and retail establishments in the Borough.
Accordingly, it is hereby found and declared that it will be the public policy of the Borough of West Cape May to reduce the adverse environmental effects of single-use plastic carryout bags and to promote the use of reusable carryout bags in order to reduce litter, prevent harm to wildlife and our waterways, and to protect the health and safety of the general public.
As used in this section, the following terms shall mean:
- CARRYOUT BAG
- A bag provided by a store at the point of sale for customers to carry their goods out of the store.
- A business with 10 or more locations in the state or nationally and doing business under the same trade name or under common ownership or control, or as franchised outlets of a parent business.
- A person in control of, or having responsibility for, the daily operation of a store, which may include, but need not be limited to, the owner of the store.
- REUSABLE CARRYOUT BAG
- A bag made of cloth or other machine-washable fabric that has handles, a non-woven polypropylene bag that has handles, or a durable polyester or polypropylene bag that has handles and is at least 2.25 mils thick, and which is specifically designed and manufactured for multiple reuse.
- SINGLE-USE PAPER CARRYOUT BAG
- A single-use carryout bag that is made of paper.
- SINGLE-USE PLASTIC CARRYOUT BAG
- Any carryout bag that is made of plastic and that is not either a single-use paper carryout bag or a reusable carryout bag, except that the term "single-use plastic carryout bag" shall not include the following:
- a. Any non-handled bag whether plastic or not that is intended to separate and prevent an item from damaging or contaminating another item.
- b. Laundry or dry-cleaning bags;
- c. Newspaper bags;
- d. Bags used to contain or wrap ice, frozen foods, meat, fish, or other items, whether prepackaged or not, to prevent or contain moisture;
- e. Bags provided by pharmacists to contain prescription drugs;
- f. Small clear plastic bags of less than four inches in depth that are commonly provided to customers by hardware stores to hold screws and bolts and other small items;
- g. Bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags.
- A hardware store, liquor store, drug store, convenience store, supermarket, food service establishment, restaurant, clothing store and other retail establishment of any kind.
Effective January 1, 2020, no operator of any store shall provide any single-use plastic carryout bag to any customer for the purpose of enabling a customer to transport products or goods out of the store. Nothing in this section shall preclude operators of stores from providing single-use paper bags to customers for a fee in accordance with Subsection 18-7.4a of this section, or from making reusable bags available for sale to customers. No operator shall preclude customers from using their own reusable carryout bags.
Effective January 1, 2020, an operator of a store may provide a customer with a single-use paper carryout bag, provided that the operator shall impose and collect a fee of not less than $0.05, and not more than the actual per bag cost incurred by the store, for each such single-use paper carryout bag, and/or reusable carryout bag provided to the customer.
Each operator shall indicate on the sales or other receipt given to the customer the total number of single-use paper carryout bags provided to that customer, and the total fee charged pursuant to Subsection a of this section.
Upon the enactment of this section, and at least until enforcement of the section begins on its effective date, the Borough Commission and administration, in cooperation with the Environmental Commission, shall take steps to educate the business community and the residents of and visitors to West Cape May, along with the public at large, regarding the provisions of this section, and the environmental benefits to be derived therefrom, and shall encourage the residents of West Cape May and the shoppers in its stores to use reusable carryout bags.
Any person found in violation is guilty of a noncriminal infraction punishable by a fine not to exceed the sum of $100 for a first offense, and $500 for each offense thereafter.
Should any portion of this section be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or repeal the remainder of this section.
This section shall take effect 20 days after adoption and publication, according to law.