ORDINANCE NO. 2009-12
AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 18 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED “RECYCLING”
WHEREAS on February 2, 2009 the State of New Jersey adopted new Recycling Rules requiring municipalities to update their recycling ordinance to reflect generator responsibilities, master plan provisions, municipal enforcement, recycling exemptions and notification requirements for residential, commercial and institutional premises; and
WHEREAS the purpose of this ordinance is to coordinate and update coded regulations with the current Solid Waste and Recycling requirements.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE BOROUGH OF HARVEY CEDARS, as follows:
Section 1. Section 18-2 is hereby amended by inserting the following definitions in alphabetical order:
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.
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.
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.
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.
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.
Section 2. Section 18-3 is hereby amended by renaming the section title as follows:
18-3 Establishment of Program – Mandatory Recyclable Materials
Section 3. Section 18-3 entitled “Establishment of Program – Mandatory Recyclable Materials” paragraph b. is hereby amended by adding the following:
9. Motor oil
10. White goods
11. Tires
Section 4. Section 18-5 entitled “Separation and Disposal of Brush and Yard Waste” is hereby moved to Section 18-4 entitled “Separation of Recyclables and Placement for Disposal” as paragraph c. entitled “Brush and Yard Waste”.
Section 5. Section 18-4 entitled “Separation of Recyclables and Placement for Disposal” is hereby amended by adding the following paragraphs:
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.
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.
Section 6. Section 18-5 is hereby established as follows:
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.
Section 7. Section 18-8 entitled “Enforcement and Administration” is hereby repealed in its entirety and readopted as follows:
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.
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.
Section 8. Section 18-9 entitled “Violations and Penalties” is hereby repealed in its entirety and readopted as follows:
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 $250, nor more than $1000. 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.
Section 9. Section 18-10 entitled “Exemptions” is hereby amended by replacing the words “board of commissioners” with “Municipal Recycling Coordinator”.
Section 10. If any provision, section, subsection, or paragraph of this Ordinance shall be declared unconstitutional, invalid, or inoperative, in whole or in part, by a Court of competent jurisdiction, such provision, section, subsection, or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining provisions, subsections, or paragraphs of this Ordinance.
Section 11. This Ordinance shall take effect after final adoption and publication in accordance with law.
ADOPTED ON: October 20, 2009