CHAPTER XVIII

18-2 DEFINITIONS.

The words, terms and phrases used in this chapter shall have the following meanings:

Aluminum cans shall mean all empty aluminum beverage and food containers.

Brush shall mean tree limbs, branches and bushes no longer than 4 feet. Tree limbs and branches shall be no larger than 3” in diameter. (Ord. No. 2006-03 § 1)

Cardboard shall mean brown corrugated cardboard and brown paper grocery bags. (Ord. No. 2006-03 § 1)

Commercial establishments shall mean those properties used primarily for commercial purposes and those multiple dwelling residential buildings containing more than four dwelling units.

Commingle shall include all glass containers, aluminum cans, steel cans, plastic bottles, and empty aerosol cans. (Ord. No. 2006-03 § 1)

Containerized 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 of blowing out into the street and coming into contact with stormwater. (Ord. No. 2006-03 § 1)

Designated recyclable materials shall mean those materials designated within the Ocean County District Solid Waste Management Plan to be source separated for the purpose of recycling. (Ord. No. 2009-12 § 1)

Ferrous containers shall mean empty steel or tin food or beverage containers.

Glass containers shall mean bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate-glass, blue glass and porcelain and ceramic products.

Institutional establishments shall mean those facilities that house or serve groups of people, including but not limited to, hospitals, schools, nursing homes, libraries and governmental offices.

Junk Mail shall include junk mail, magazines, catalogs, and writing paper. (Ord. No. 2006-03 § 1)

Municipal Recycling Coordinator means the person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this Ordinance, and any rules and regulations which may be promulgated hereunder. (Ord. No. 2009-12 § 1)

Municipal solid waste (MSW) stream means all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Borough of Harvey Cedars. (Ord. No. 2009-12 § 1)

Newspapers 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.

Paper shall mean paper recyclables and paper stream recycling and shall include newspapers, junk mail and cardboard. Paper shall not include phonebooks. (Ord.No. 2008-04 § 1)

Person shall mean every owner, lessee and occupant of a residence, commercial or institutional establishment within the boundaries of the Borough of Harvey Cedars.

Recyclable materials 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.

Residence shall mean any occupied single or multi-family dwelling having up to four dwelling units per structure from which a municipal or private hauler collects solid waste.

Solid waste shall mean garbage, refuse and other discarded solid material normally collected by a municipal or private hauler.

Source-separated Recyclable Materials means recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling. (Ord. No. 2009-12 § 1)

Source separation means 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. (Ord. No. 2009-12 § 1)

Street 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. (Ord. No. 2006-03 § 1)

Yard waste includes leaves, pine needles, pine cones and weeds. (Ord. No. 2006-03 § 1)

18-3 ESTABLISHMENT OF PROGRAM – MANDATORY RECYCLABLE MATERIALS.

a. There is hereby established a program for the mandatory separation of the following recyclable materials from the municipal solid waste stream by all persons within the Borough of Harvey Cedars, hereinafter referred to as the “municipality”.

1. Aluminum cans

2. Ferrous containers

3. Glass containers

4. Newspapers

5. Junk mail

6. Automobile batteries

7. Motor oil

8. White goods

9. Tires

10. Cardboard

11. Brush and yard waste

(Ord. No. 2006-03 § 2)

b. In addition to items one through eleven above, all commercial, industrial and institutional properties shall be required to recycle the following:

1. Stumps, tree trunks and brush

2. Concrete

3. Cement blocks

4. Bricks

5. Asphalt

6. Ferrous scrap

7. Nonferrous scrap

8. Automobile batteries

9. Motor oil

10. White goods

11. Tires

(Ord. No. 2009-12 § 3)

18-4 SEPARATION OF RECYCLABLES AND PLACEMENT FOR DISPOSAL.

Commingled Materials. Commingled materials shall be put in a suitable container, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality’s recycling regulations. The container for commingle shall be clearly labeled and placed at the curb or such other designated area for each collection, regardless of whether any recyclable materials are available for collection. (Ord. No. 2006-03 § 3)

b. Paper. Newspapers, cardboard and junk mail shall be placed in a suitable clearly labeled container with a lid, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality’s recycling regulations. No phonebooks shall be placed with paper recyclables. Phonebooks shall be picked up separately. (Ord. No. 2008-04 § 2)

c. Brush and Yard Waste. All persons within the municipality shall separate brush and yard waste from other solid waste generated at their premises, and unless stored or recycled for composting or mulching on the premises, place the containerized yard waste and/or the bundled brush at the curb or other designated area for collection at such times and dates in the manner established by the municipality’s recycling schedule. (Ord. No. 2006-03 § 4) (Ord. No. 2009-12 § 4)

The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless it is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this ordinance. (Ord. No. 2006-03 § 4) (Ord. No. 2009-12 § 4)

d. It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials. (Ord. No. 2009-12 § 5)

e. It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this ordinance. (Ord. No. 2009-12 § 5)

18-5 COMMERCIAL ESTABLISHMENTS.

All commercial, institutional or industrial properties which provide outdoor litter receptacles shall also provide receptacles for designated recyclable materials in the location of the litter receptacle, and shall provide for separate recycling service for their contents.

Every business, institution, or industrial facility shall submit annually to the Municipal Recycling Coordinator, proof of removal of designated recyclable materials from their premises including the total weight and type of recycled material collected and recycled, and the vendor(s) providing said service.

All food service establishments, as defined by the Retail Food Establishment Code of New Jersey shall comply with all recycling and solid waste disposal requirements defined herein and shall recycle grease and/or cooking oil generated 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. 2009-12 § 6)

18-6 ALTERNATIVE COLLECTION OF RECYCLABLE MATERIALS.

Any person may donate or sell recyclable materials to individuals or organizations authorized by the municipality in its recycling regulations. These materials may either be delivered to the individual’s or organization’s site, or they may be placed at the curb for collection by said individual or organization on days not designated as recyclable material collection days in the municipality’s recycling regulations. Said individuals or organizations may not collect recyclable materials on or within 24 hours immediately preceding a regularly scheduled curbside collection day and shall, prior to June 1^st of each year, provide written documentation to the municipality of the total amount of material recycled during the preceding calendar year.

18-7 COLLECTION BY UNAUTHORIZED PERSONS.

It shall be a violation of this chapter for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in section 18-3 of this chapter. Each such collection in violation of this chapter shall constitute a separate and distinct offense punishable as hereinafter provided.

18-8 ENFORCEMENT AND ADMINISTRATION.

The municipality and/or Municipal Recycling Coordinator and/or Superintendent of Public Works is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in section 18-3 of this chapter and such other matters as are required to implement this chapter.

The Code Enforcement Official, Municipal Recycling Coordinator, Department of Health and/or Superintendent of Public Works is hereby authorized and directed to enforce the provisions of this chapter and any implementing regulations adopted hereunder. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.

(Ord. No. 2009-12 § 7)

18-9 VIOLATIONS AND PENALTIES.

Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this Ordinance or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than two hundred fifty ($250.00) dollars, nor more than one thousand ($1,000.00) dollars. Each day for which a violation of this Ordinance occurs shall be considered a separate offence.

Fines levied and collected pursuant to the provisions of this chapter shall be deposited into a dedicated fund to be established by the Certified Financial Officer of the Borough of Harvey Cedars and shall be used to provide compensation for municipal recycling expenses.

(Ord. No. 2009-12 § 8)

18-10 EXEMPTIONS.

The Municipal Recycling Coordinator of the Borough of Harvey Cedars may exempt persons occupying commercial and institutional establishments from the source separation requirements of section 18-4 of this chapter, if those persons have otherwise provided for the recycling of recyclable materials designated in section 18-3 of this chapter. To be eligible for an exemption under this section, the person seeking the same shall, prior to June 1 of each year, provide written documentation to the Borough of Harvey Cedars of the total amount of materials recycled during the preceding calendar year. (Ord. No. 2009-12 § 9)