[Adopted 6-4-1990 by Ord. No. 1990-14]
[1]
Editor's Note: The governing body of the Municipality
of Kingston adopted the Luzerne County Solid Waste Management Plan
on July 9, 1990, by Res. No. 1990-31.
This Article shall be known and may be cited
as the "Mandatory Recycling Law of the Municipality of Kingston."
It is the goal and purpose of this Article to
effectuate the municipality's compliance with Act 101[1] by facilitating efficient disposal of solid waste generated
within the municipality in the most economical, environmentally acceptable
manner and also to reduce the total volume of solid waste disposed
of by the municipality. This Article is also designed, in accordance
with the municipality's police powers, to protect the health, welfare
and safety of the residents of this municipality.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
For the purposes of this Article, the following
words and phrases shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
Any entity in business for profit and which has not previously
been afforded municipal waste collection.
Paper which has been shaped or wrinkled into parallel grooves
and ridges, including cardboard and wrapping and packaging paper.
Steel and bimetallic cans. These cans are distinguishable
by utilizing a magnet, which should attach to the side of the can
but not the bottom of the can.
[Added 3-4-1991 by Ord. No. 1991-9]
Plastic containers, including but not limited to milk, springwater,
juice, liquid, laundry detergent, fabric softener, liquid bleach,
liquid dish detergent, household cleaning liquids, motor oil, antifreeze,
transmission fluid, shampoo and conditioner, hand and moisturizing
lotions and syrup containers.
[Added 7-9-1990 by Ord. No. 1990-25]
A private garbage hauler engaged by a commercial establishment.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
[Added 7-7-2014 by Ord. No. 2014-8]
Paper of the type commonly used for newspapers and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded
are glossy advertising inserts often included with newspapers.
[Amended 4-7-1997 by Ord. No. 1997-2]
Any individual or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this Article prescribing a fine, imprisonment or penalty, or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or other legal entity having
officers and directors.
Plastic containers, including two-liter plastic bottles and
peanut butter containers.
[Added 7-9-1990 by Ord. No. 1990-25]
A plastic, also known as PP, including but not limited to
some yogurt containers, cream cheese and margarine tubs, syrup and
shampoo bottles, identified by the No. 5 in a triangle on the bottom
of the container.
[Added 7-1-1991 by Ord. No. 1991-17]
More commonly known as "PVC," includes containers such as
shiny clear bottles or clear bottles with a blue tint, including but
not limited to cleaning products and soda bottles.
[Added 7-9-1990 by Ord. No. 1990-25]
Materials which are separated from the remainder of municipal
waste in compliance with Section 1501 of Act 101.[1]
A person who lives in a residential structure.
Any noncommercial building used for family dwelling and which
contains no more than 12 dwelling units.
[Amended 4-7-1997 by Ord. No. 1997-2]
A building, structure, portion of a building or portion of
a structure used for family dwelling. Each separate living unit shall
be classified as a separate unit (i.e., one structure containing four
apartments is considered four individual residential units).
[Added 4-7-1997 by Ord. No. 1997-2]
An individual who has attained the age of 65 years.
[Added 3-2-2020 by Ord.
No. 2020-1]
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess by the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substances and those in gaseous form. Such waste is more
commonly defined as "municipal waste" under rules and regulations
promulgated by the Pennsylvania Department of Environmental Resources.
The "waste" shall include but is not limited to garbage, sludge, rubbish,
ashes, street cleaning, dead animals, offal, abandoned vehicles and
agricultural waste.
[1]
Editor's Note: See 53 P.S. § 4000.1501.
A.Â
In accordance with Section 1501 of Act 101, 53 P.S.
§ 4000.1501, the following items are hereby declared as
the designated residential recyclable materials:
(1)Â
Newsprint, which, until such time as may be prohibited
by the recycling facility, may also include glossy advertising inserts.
(2)Â
Aluminum cans.
(3)Â
Clear glass.
(4)Â
Colored glass.
(5)Â
HDPE plastic.
[Added 7-9-1990 by Ord. No. 1990-25]
(6)Â
PET plastic.
[Added 7-9-1990 by Ord. No. 1990-25]
(7)Â
Polyvinyl chloride.
[Added 7-9-1990 by Ord. No. 1990-25]
(8)Â
Ferrous metal.
[Added 3-4-1991 by Ord. No. 1991-9]
(9)Â
Polypropylene.
[Added 7-1-1991 by Ord. No. 1991-17]
B.Â
Each resident must establish within the household
a program for effective source separation of the aforementioned recyclable
materials. Said recyclable materials must be kept separate from other
solid waste and shall be disposed of as hereinafter set forth. Further,
all of the designated recyclable materials must be stored in an area
free from exposure to the elements and shall be properly secured so
as to be safe from vermin.
C.Â
All recyclables shall become the property of the municipality
when placed at curbside for collection.
[Amended 4-7-1997 by Ord. No. 1997-2]
D.Â
The Department of Public Works of the municipality
shall establish a schedule for collection of the recyclable materials
which conforms to the requirements of Section 1501(d) of Act 101.[1] Suitable public notice of said schedule of collection
shall be made via newspaper advertisements.
[1]
Editor's Note: See 53 P.S. § 4000.1501(d).
E.Â
The Town Council, by ordinance at any time, may fix
or amend a recycling fee and specify the manner of collection of said
fee. Said fee shall be placed on each residential unit as defined
under this article.
[Added 4-7-1997 by Ord. No. 1997-2;
amended 6-7-1999 by Ord. No. 1999-4]
F.Â
Recycling fee.
[Added 6-7-1999 by Ord. No. 1999-4;
amended 3-2-2020 by Ord. No. 2020-1]
(1)Â
Effective
with and for the calendar year 2020 and thereafter until amended,
the recycling fee is established to be $30 per annum. A 10% penalty
is imposed if the recycling fee is not paid within 60 days of issuance.
This penalty shall be set forth in the billing for the recycling fee.
(2)Â
A
lien may be filed if the recycling fee is not paid within 60 days
of the imposition of the penalty amount.
(3)Â
A 25% discount is allowed to those meeting the definition of "senior citizen" as defined in the definitional section set forth in § 103-17.
(4)Â
Eligibility
for the senior citizen discount may be established if the following
requirements are met:
(a)Â
All owners of the property must be 65 years of age or older unless
ownership is established with a spouse or sibling, in which case only
one owner needs to be 65 or older.
(b)Â
All owners must occupy and use the property as their primary residence.
(c)Â
Eligibility for the reduced amount may be established by supplying
the collector of the fee with the following documentation:
[1]Â
A photocopy of the deed of ownership or a photocopy of the county/municipal
or school tax bill for the property;
[2]Â
A photocopy of the driver's license of the owner or owners; or
[3]Â
A copy of a state-issued identification for each owner; or
[4]Â
A copy of the birth certificate for each owner; or
[5]Â
A combination of the foregoing; or
[6]Â
Such other documentation as unequivocally establishes the age of
the owner(s).
[Amended 7-7-2014 by Ord. No. 2014-8]
B.Â
Each commercial, municipal and institutional establishment and each
community event shall develop an effective program for the source
separation of the aforementioned recyclables. These materials must
be kept separate from other solid waste. Further, the recyclable materials
must be stored in an area free from exposure to the elements and properly
secured so as to be safe from vermin.
C.Â
Each commercial, municipal and institutional establishment and each
community event shall arrange with an independent contractor for private
collection of the aforementioned recyclables as well as for the collection
of remaining solid waste, which independent contractor shall comply
with all governing statutes for proper disposal of the same.
D.Â
Any commercial or institutional establishment and any community event
which seeks exemption from the requirements of this article on the
basis that it has otherwise provided for the recycling of the designated
recyclable materials shall report no later than January 15 of each
year to the municipality the total number of tons recycled, in compliance
with Section 1501(c)(1)(iii) of Act 101.11.[2]
[2]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii)
A.Â
A public information specialist shall be appointed,
who shall inform the public of the direct benefits which the municipality
and its residents will receive from the curbside program hereby established,
as well as the requirements which residents must follow to successfully
implement this Article.
B.Â
At least 30 days prior to initiation of this recycling
program and at least once every six months thereafter, public notice
of this Article and its requirements shall be given to all residents
by the placement of advertisements in two newspapers of general circulation
and by the placement of a notice posted in the Municipal Building.
Any resident wishing to dispose of a lead acid
battery shall deliver the same to an automotive battery retailer or
wholesaler or to a secondary lead smelter permitted by the United
States Environmental Protection Agency or to an authorized recycler,
as required by Section 1510 of Act 101.[1] No other form of disposal shall be lawful.
[1]
Editor's Note: See 53 P.S. § 4000.1510.
[Amended 4-7-1997 by Ord. No. 1997-2]
Leaves, garden residues, shrubbery and tree
trimmings and similar material, but not including grass clippings,
shall be separated from other municipal waste generated by residents
and shall be placed at curbside in accordance with the collection
schedule established by the Mayor. The above items are to be placed
for disposal in a disposable corrugated container, paper bag or any
rigid open container not exceeding 33 gallons.
[Added 7-9-1990 by Ord. No. 1990-25]
A.Â
Plastics.
[Amended 4-7-1997 by Ord. No. 1997-2]
(1)Â
Residents must clean all designated recyclable materials
of contents before placing the same at curbside for collection. All
containers bearing metal caps or aluminum lids must have these objects
removed prior to being placed out for recycling. The caps or aluminum
lids must be disposed off with the refuse.
(2)Â
Said recyclables may be placed at the curbside, commingled
with other approved residential recyclables, with the exception of
newsprint, in an appropriate curbside recycling container in accordance
with the curbside recycling schedule.
(3)Â
Compaction of the plastic containers before disposal
would be helpful in reducing the density of recyclables.
(4)Â
Newsprint must be either tied with cotton cord or
placed in a paper bag for collection on the day designated by the
Mayor.
B.Â
Ferrous metals.
[Added 3-4-1991 by Ord. No. 1991-9]
(1)Â
Residents must clean all steel and bimetallic cans
of contents before placing the same at curbside for collection. Cans
should be free of their lids. Product labels need not be removed.
(2)Â
Said recyclables may be placed at the curbside, commingled
with other approved residential recyclables in the mandatory curbside
recycling container provided for by the municipality in accordance
with the curbside recycling schedule.
(3)Â
Compaction of the steel and bimetallic cans before
disposal would be helpful in reducing the density of recyclables.
Upon placement at curbside of the container
supplied by the municipality, as hereinbefore mentioned, all recyclables
shall become the property of the municipality, whose responsibility
it shall be to dispose of the recyclables in conformity with Act 101.[1] No person or persons other than the Department of Public
Works or its duly authorized agents may collect and dispose of recyclables
placed at curbside. Violation of this section shall be considered
as criminal theft or scattering rubbish under the Pennsylvania Crimes
Code, depending upon the severity of the violation, and may be prosecuted
in accordance with existing law.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A.Â
It shall be unlawful for any person to dispose of
the materials designated herein as recyclables with regular municipal
waste. The Department of Public Works and its designated agents are
hereby authorized to regularly inspect all municipal waste collected
for violations of this Article.
The municipality, if it deems it appropriate,
may enter into an agreement with any private firm for the collection
of recyclables, pursuant to Section 1501(e)(1)(ii) of Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.1501(e)(1)(ii).
Any person who violates any provision of this Article, except as hereinbefore stated in § 103-24, shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs of prosecution and, in default of payment of such fine and costs, to undergo imprisonment for a period of not more than 30 days. Further, each day for which a violation occurs and each violation of any provision of this Article shall constitute a separate offense.
