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)

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)

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.

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.

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.

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

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)

Newspapers and Cardboard. Newspapers and cardboard shall be bundled and tied with twine or placed in a kraft paper (brown paper) bag 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 maximum weight of each bundle shall not exceed 30 pounds (approximately 12 inches high). (Ord. No. 2006-03 § 3)

Junk Mail. Junk mail shall be placed in brown paper bags or in a labeled container 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. Magazines and catalogs may be tied in bundles. No newspapers or phonebooks shall be placed with junk mail. Phonebooks shall be picked up separately. (Ord. No. 2006-03 § 3)

18-5 SEPARATION AND DISPOSAL OF 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)

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)

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.

18-8 ENFORCEMENT AND ADMINISTRATION.

The municipality and/or 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. Such regulations shall take effect only upon the approval of the board of commissioners by adoption of a resolution implementing the same. The municipality and/or recycling coordinator and/or superintendent of public works is hereby authorized and directed to enforce the provisions of this chapter and any implementing regulations adopted hereunder.

18-9 VIOLATIONS AND PENALTIES.

Any person, firm or corporation violating the provisions of section 18-6 of this chapter shall be subject to a fine of not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars for each offense.

Any person, firm or corporation violating any provisions of this chapter, other than section 18-6, or any regulations adopted hereunder, shall be subject to a fine of not less than twenty-five ($25.00) dollars, nor more than five hundred ($500.00) dollars for each offense.

No action shall be taken to enforce the provisions of sections 18-3 and 18-4 of this chapter until three months after the effective date of the promulgation of the regulations authorized hereunder.

Each and every day in which a violation of any of the provisions of this chapter exists shall constitute a separate offense.

18-10 EXEMPTIONS.

The board of commissioners 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.