[HISTORY: Adopted by the Borough Council
of the Borough of Pennsburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-1-1991 by Ord.
No. 3-91]
A.
ACCEPTABLE WASTE
COUNTY
COUNTY ORDINANCE or COUNTY WASTE FLOW ORDINANCE
DATE OF WESTERN COUNTY SYSTEM OPERATION
HAZARDOUS WASTE
(1)
(2)
LANDFILL
MUNICIPALITY
MUNICIPAL WASTE
NONPROCESSIBLE WASTE
(1)
(2)
(3)
(4)
(5)
(6)
PERSON
PLAN
PLAN REVISION
POINT OF ENTRY INTO THE WESTERN COUNTY SYSTEM
PROCESSIBLE WASTE
RECYCLING or RECYCLED
SOURCE SEPARATION
UNACCEPTABLE WASTE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
WASTE AUTHORITY
WESTERN COUNTY SYSTEM or SYSTEM
WHITE GOODS
The following terms shall have the following meanings
in this article:
Municipal waste which is not unacceptable or nonprocessible
waste.
The County of Montgomery, Pennsylvania.
An ordinance enacted by the county creating the Western County
System in the Western District, providing for the licensure of various
persons, regulating waste flow and setting forth certain related provisions.
That date on which the Western County System shall be declared
by the county to be ready to commence the disposal of acceptable waste
on a sustained basis.
Any material or substance which, by reason of
its composition or characteristics, is toxic or hazardous waste as
defined in the Resource Conservation and Recovery Act of 1976, 42
U.S.C. § 6901 et seq., as defined in Section 6(e) of the
Toxic Substances Control Act, 15 U.S.C. § 2605(e), under
Act 97[1] or under any other applicable law of similar purpose or
effect, including but not limited to, with respect to each of such
items in this subsection, any replacement, amendment, expansion or
supplement thereto and any rules, regulations or policies thereunder;
or special nuclear or by-product materials within the meaning of the
Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and
any replacement amendment, expansion or supplement thereto and any
rules, regulations or policies thereunder.
Any other material that any governmental agency
or unit having appropriate jurisdiction shall determine, from time
to time, as harmful, toxic or dangerous or otherwise ineligible for
disposal in the landfill.
A landfill with which the Waste Authority has contracted
to dispose of acceptable waste.
The Borough of Pennsburg, located within the County of Montgomery,
Commonwealth of Pennsylvania.
Municipal waste, as defined in Section 103 of Act 97 and
Section 103 of Act 101[2] and any rules, regulations or policies promulgated thereunder.
White goods.
Automobile tires in quantity.
Noncombustible items, stumps, logs, brush and
other waste which either weighs in excess of 25 pounds or exceeds
one of the following dimensions: four feet in length, four inches
in diameter or four inches in thickness.
Sludges.
Construction and demolition debris.
Leaf waste beyond that permitted by Act 101.[3]
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons"whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this article prescribing
a fine, penalty, imprisonment or denial or grant of any license, 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.
The county-wide Municipal Waste Management Plan developed
by the county and approved by the Department of Environmental Resources,
as such has been and may hereafter be amended or revised in compliance
with law.
The revision, dated June 1990, to the County Municipal Waste
Management Plan developed by the county to be submitted to the Department
of Environmental Resources and approved by a majority of the affected
municipalities within the county representing a majority of the county's
population.
Any delivery point within the Western County System designated
by the Waste Authority for delivery of acceptable waste.
That portion of acceptable waste which is not nonprocessible
waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste, other than
through combustion, and the creation and recovery of reusable materials
other than a fuel for the operation of energy.
The segregation and collection, prior to the point of entry
into the Western County System, for the purpose of recycling of individual
components of acceptable waste, such as, without limitation, bottles,
cans and other materials in accordance with Act 101.[4]
Any material that by reason of its composition,
characteristics or quantity is ineligible for disposal at the landfill
pursuant to the provisions of the Resource Conservation and Recovery
Act of 1976, 42 U.S.C. § 6901 et seq. and the regulations
thereunder or, except for trace amounts normally found in household
or commercial solid waste, any other similarly applicable law, including
but not limited to the following laws and the regulations, if any,
promulgated under each: the Toxic Substances Control Act, 15 U.S.C. § 2601
et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7
U.S.C. § 136 et seq.; the Federal Water Pollution Control
Act, 33 U.S.C. § 1251 et seq.; the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601
et seq.; Act 97;[5] the Hazardous Sites Cleanup Act, Act 108, enacted October
18, 1988;[6] and any similar or substituted legislation or regulations
or amendments to the foregoing, as well as any other laws coextensive
with the foregoing.
Any other materials that any governmental body
or unit having or claiming appropriate jurisdiction shall determine
from time to time to be harmful, toxic, dangerous or otherwise ineligible
for disposal at the landfill.
Any waste that a landfill or other applicable
facility is precluded from accepting pursuant to any permit or governmental
plan governing such landfill or other applicable facility.
Hazardous waste.
Residual waste, as defined in Act 101,[7] except as otherwise provided in any landfill agreement
to which the Waste Authority is a party.
Special nuclear or by-product materials within
the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011
et seq., and any similar or substituted legislation or regulation
or amendments to the foregoing, including but not limited to any other
laws coextensive with the foregoing.
Asbestos, sludge, infectious waste, chemotherapeutic
waste and incinerator ash, except as otherwise provided in any landfill
agreement to which the Waste Authority is a party.
White goods in quantity and/or automobile tires
in quantity.
Any other material that the Waste Authority
reasonably concludes would require special handling or present an
endangerment to a disposal facility, the public health or safety or
the environment.
The Waste System Authority of Western Montgomery County created
by the county for purposes relating to municipal waste disposal and/or
the intermunicipal agreement (IMA) and the County Waste Flow Ordinance.
The Solid Waste Management and Disposal System created by
the county for the Western District, and every aspect thereof, including
but not limited to equipment, transfer stations and resource recovery
facilities, residue disposal sites, contractual arrangements or other
rights owned, acquired, leased, placed under contract, constructed
or assumed, operated or to be owned, acquired, leased, placed under
contract, constructed, operated or assumed by the Waste Authority,
the county or any agent, designee or contractor of either in connection
with the plan or the plan revision.
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
[2]
Editor's Note: See 35 P.S. § 6018.103
and 53 P.S. § 4000.103.
[3]
Editor's Note: See 35 P.S. § 4000.101
et seq.
[4]
Editor's Note: See 53 P.S. § 4000.101
et seq.
[5]
Editor's Note: See 35 P.S. § 6018.101
et seq.
[6]
Editor's Note: See 35 P.S. § 6020.101
et seq.
[7]
Editor's Note: See 53 P.S. § 4000.101
et seq.
B.
All other words and phrases defined by Act 97 or Act
101[8] shall have the same meanings as set forth in Act 97 or
Act 101, as they may hereinafter be amended or supplemented by legislation
regarding municipal waste management or planning, or as set forth
in the IMA. To the extent that any definition herein varies from the
definition in the IMA, the definition in the IMA shall control.
[8]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
A.
Licensing. No person who is not duly licensed or deemed
to be licensed by the Waste Authority may collect or transport municipal
waste located or generated within the municipality. This waste collection
or transportation license shall be a county license issued by the
Waste Authority.
B.
Compliance with rules, regulations and ordinances.
In carrying on activities related to solid waste collection or transportation
within this municipality, all municipal waste collectors and all municipal
waste transporters shall comply with the county ordinance, this article
and the other municipal waste flow ordinances and all rules and regulations
pertaining to the collection, transportation, processing and disposal
of solid waste as may be hereafter promulgated by the Waste Authority.
Delivery by such collectors or transporters to the Western County
System of unacceptable waste, nonprocessible waste, except for white
goods, and waste from unapproved sources is prohibited.
C.
Administration. Licenses hereunder shall be issued
and revoked by the Waste Authority and administered by it. Any collectors
or transporters who fail to comply with the provisions of this article
shall be subject to any applicable sanctions in addition to the revocation
of their licenses.
A.
Delivery to Western County System. Except as provided in Subsections B and C below, all acceptable waste generated within this municipality shall be delivered to the Western County System, and all acceptable waste collectors and transporters shall deliver and dispose of all acceptable waste collected or generated within municipality to solid waste facilities designated in the plan or plan revision at one or more points of entry into the Western County System as designated from time to time by the Waste Authority.
B.
Disposal at other sites. Disposal of municipal waste
collected or generated within the municipality may occur at other
sites only as permitted by rule, regulation, ordinance or order duly
issued by the Waste Authority or by the written agreement of the Waste
Authority.
C.
Recycling. Nothing herein shall be deemed to prohibit
source separation or recycling or to affect any sites at which source
separation or recycling may take place.
A.
Compliance with Waste Authority regulations. The collection,
transportation, processing and disposal of municipal waste present
or generated within the municipality shall be subject to such further
reasonable rules and regulations as may from time to time be promulgated
by the Waste Authority, including, without limitation, regulations
related to the operation, management and administration of the Western
County System; applications and standards for licensing requirements
for payment bonds or other payment security, including but not limited
to meeting liability insurance requirements; fees to be charged for
such licensing; the terms of licenses; procedures; recordkeeping;
transportation routes; payment for services; billing for shortfalls;
sanctions for nonpayment, and other matters.
B.
Adoption of regulations. Rules and regulations adopted
by the Waste Authority for the Western County System shall be deemed
rules and regulations adopted under this article.
C.
Consistency of regulations with this article and other
laws. No rules or regulations adopted by the municipality pursuant
to this article shall be in violation of or inconsistent with the
provisions of this article, the other municipal waste flow ordinances,
the County Waste Flow Ordinance, the plan, the plan revision, the
provisions and purposes of Act 97, Act 101[1] or regulations adopted thereunder or such other laws,
regulations or requirements as may be enacted by the United States
of America, the Commonwealth of Pennsylvania, the Pennsylvania Department
of Environmental Resources or the Pennsylvania Environmental Quality
Board governing municipal waste planning, collection, storage, transportation,
processing or disposal.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
D.
Enforcement of waste flow control. Enforcement of
waste flow control and the terms of and any duties established pursuant
to the County Waste Flow Ordinance, the other municipal waste flow
ordinances and this article will be the responsibility of the county
or the Waste Authority and, if requested by the county or the Waste
Authority, with the cooperation of the municipalities.
All generators of municipal waste and all municipal
waste collectors and municipal waste transporters, and landfill operators,
any transfer station operators or any other parties involved in the
collection, transportation, processing or disposal of municipal waste
of the municipality shall cooperate in the taking and preparation
of an annual survey to be conducted by an engineering consultant designated
by the Waste Authority.
A.
No person shall enter into any contract or conduct
any other activity concerning the collection, transportation, processing
or disposal of municipal waste in municipality in contravention of
the terms of the County Waste Flow Ordinance, this article or any
rules and regulations issued hereunder.
B.
Recycling. Nothing contained in this article shall
interfere with the operation of any program for recycling.
The county has created the Waste Authority to
administer the terms of the County Waste Flow Ordinance and to operate
and administer the Western County System.
A.
Unlawful conduct. It shall be unlawful for any person
to:
(1)
Violate, cause or assist in the violation of any provision
of this article, any rule, regulation or order promulgated hereunder
or any rule, regulation or order promulgated by the Waste Authority
or the county consistent with this article.
(2)
Transport, process, treat, transfer or dispose of,
or cause to be processed, treated, transferred or disposed of, municipal
waste generated within the municipality, except as provided for in
this article.
(3)
Collect or transport municipal waste present or generated
within the municipality without a valid license for collection or
transportation issued by the Waste Authority.
(4)
Hinder, obstruct, prevent or interfere with the municipality,
the Waste Authority or the county, or their personnel, in the performance
of any duty under this article or in the enforcement of this article.
(5)
Act in a manner that is contrary to Act 97 or Act
101,[1] regulations promulgated thereunder, the plan, the plan
revision, this article, the county ordinance, rules or regulations
promulgated under this article or the county ordinance or the terms
of licenses issued thereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
Any person who engages in unlawful conduct,
as defined in this article, shall, upon conviction thereof in a summary
proceeding before a District Justice, be sentenced to pay a fine of
not more than $1,000 and not less than $500 for each offense and,
in default of payment thereof, shall be committed to the county jail
for a period not exceeding 30 days. Each day that there is a violation
of this article shall constitute a separate offense.
Upon finding that any person has engaged in unlawful conduct, as defined in this article, the Waste Authority may revoke any license issued to that person in accordance with § 93-2 of this article, and the Waste Authority may deny any subsequent application by that person for a license pursuant to § 93-2 hereof.
A.
Restraining violations. In addition to any other remedy provided in this article, the Waste Authority or the county may institute a suit in equity where unlawful conduct or a public nuisance exists, as defined in this article, for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of license promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 93-9 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed
by this article shall be deemed concurrent. The existence or exercise
of any remedy shall not prevent the Waste Authority or the county
from exercising any other remedy provided by this article or otherwise
provided at law or equity.
A.
Entry into intermunicipal agreement (IMA). In order
to implement the intent and terms of this article, the municipality,
pursuant to the authority of the Intergovernmental Cooperation Act,
Act of July 12, 1972, No. 180, codified at 53 P.S. §§ 481
to 490 (Purdon's 1974 and Purdon's Supplement 1990),[1] and Article IX, Section 5, of the Constitution of the
Commonwealth of Pennsylvania,[2] has determined to enter into the IMA between the municipality,
the county, the Waste Authority and other municipalities within the
Western District, together with such changes consistent with this
article, if any, as may be approved by the officials of the parties
executing the same, such execution to be conclusive evidence of such
approval.
B.
Terms and implementation of IMA. As more fully set
forth in the IMA and this article:
(1)
Terms of IMA. In the IMA:
(a)
The Waste Authority agrees to arrange through
the Western County System for the provision of municipal waste disposal
facilities for the economical and environmentally sound disposal of
acceptable waste generated within the municipalities.
(b)
The municipalities state that they have enacted
a municipal waste flow ordinance, in a form substantially similar
to this article, which requires that all acceptable waste be delivered
to the Western County System.
(c)
The county and the Waste Authority agree to
enact or cause to be enacted rules and regulations and to enforce
or cause to be enforced this article and the County Waste Flow Ordinance
and the parallel municipal waste flow ordinances.
(d)
The municipalities agree to cooperate with the
Waste Authority in the enforcement of the IMA and all ordinances enacted
pursuant to the IMA; provided, however, that to the extent the enforcement
of such ordinances can properly be delegated to it, the Waste Authority
shall undertake the primary responsibility for such enforcement, and
the municipalities thereby agree, cooperatively, to exercise their
powers to accomplish the objectives of the IMA.
(2)
Duration of term of the IMA. The term of the IMA shall
commence on the date thereof and shall terminate on the 10th anniversary
of the date the Western County System becomes operational.
(3)
Purpose and objectives of the IMA. The purpose of
the IMA is to provide a mechanism to implement and operate the Western
County System.
(4)
Financial obligations under the IMA. During the term
of the IMA, municipalities (to the extent that they engage in the
collection or transportation of municipal waste or contract with other
persons for the collection or disposal of municipal waste) and other
persons using the Western County System shall pay to the Waste Authority,
on a monthly basis, the appropriate per-ton tipping fees, plus any
other charges payable, as specified by the Waste Authority, for all
tonnage delivered or caused to be delivered to the Western County
System in accordance with Article III of the IMA. Municipalities shall
provide certain moneys for operating expenses of the Authority to
the extent not paid for through tipping fees on the basis of adjusted
population data.
C.
Execution. Appropriate officers of this municipality
are authorized and directed to execute the IMA on behalf of this municipality.
D.
Findings under Intergovernmental Cooperation Act.
As required by the Intergovernmental Cooperation Act of July 12, 1972,
P.L. 762, No. 180, as amended,[3] the following matters are specifically found and determined:
(1)
The conditions of this agreement are set forth in
the IMA.
(2)
The duration of the terms of this agreement are set
forth in Section 801 of the IMA.
(3)
The purpose of the IMA is to cooperate with the county
or Waste Authority and other municipalities in implementing the plan
and the plan revision.
(4)
The agreement will be financed through tipping fees
imposed on users of the Western County System and through the budgeting
and appropriation of funds by the municipality, as necessary to meet
the expenses of the Waste Authority.
(5)
The organizational structure necessary to implement
the agreement is set forth in the IMA, with which the current officers
of municipality shall cooperate.
(6)
The manner in which property, real or personal, shall
be acquired, managed, licensed or disposed of is as set forth in the
IMA.
(7)
The agreement contemplates cooperation with the county
or Waste Authority, which entities are empowered to enter into contracts
for policies of group insurance and employee benefits, including social
security, for their employees.
[3]
Editor's Note: See 53 Pa.C.S.A. § 2301
et seq.
The terms and provisions of this article are
to be liberally construed so as best to achieve and to effectuate
the goals and purposes hereof. this article shall be construed, in
pari materia with Act 97 and Act 101.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
The municipality will take such actions as are
necessary to comply with the terms of the IMA and to fulfill its obligations
thereunder.
[Adopted 1-3-2017 by L.L.
No. 1-2017]
A.
The reduction of the amount of municipal waste, the conservation
of recyclables, and the collection and disposal of yard waste is an
important public concern by reason of the growing problem of municipal
waste disposal and its impact on the environment.
B.
The collection of recyclables and yard waste from residential properties
in the Borough of Pennsburg will serve the general public interest
by reducing the volume of municipal waste which must be disposed of,
thereby reducing storage, collection, transportation and disposal
costs of said waste and preserving valuable natural resources; and
may result in a financial benefit to the residents and taxpayers of
the Borough of Pennsburg by reason of the income realized from the
sale of these recyclables and reduced cost of disposal.
C.
This article has been developed to implement municipal responsibilities
under the provisions of Act 101 of 1988 (35 P.S. § 4000.101
et seq.), and any subsequent amendments, thereto, known as the Municipal
Waste Planning, Recycling and Waste Reduction Act.
Unless the context clearly indicates otherwise, the following
words and phrases used throughout this article shall have the following
meanings:
The Mayor and Borough Council of the Borough of Pennsburg.
Large refuse items, such as appliances, furniture, machinery
or equipment, heavy demolition debris, large trees which may be collected
by a conventional refuse collection vehicle. Bulk waste may also include
refrigerators, air conditioners, and dehumidifiers upon removal of
Freon by a certified technician as a condition of scheduling collection.
Any person, persons, firms, corporations, partnership or
company contracted to collect, haul or dispose of refuse and/or recyclables
from any source whatsoever.
Property used solely for commercial, institutional or industrial
purposes. Commercial property shall also include multiple dwelling
units, or mixed-use properties in excess of six units.
Waste resulting from construction or demolition of buildings,
including such items as wood, concrete, brick, metal, plastic and
composite materials which require collection by dumpster or roll-off
container.
Residential dwellings consisting of single-family, detached
dwellings, duplex dwellings, townhomes and multifamily units/apartments
(containing fewer than seven units), including mixed-use and light
commercial properties.
Leaves from trees and garden residues, but not including
grass clippings.
Any public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste in the Solid Waste Management Act from a municipal, commercial
or institutional water supply treatment plant, wastewater treatment
plant or air pollution control facility. The term does not include
source-separated recyclables.
The Borough of Pennsburg.
Any individual, partnership, corporation, association, institution,
co-operative enterprise, municipality, municipal authority, Federal
government or agency, state institution or agency (including, but
not limited to, the Department of General Services and the Pennsylvania
Public School Building Authority), 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.
Clear and colored glass containers, aluminum cans, metallic
cans, No. 1 through No. 7 plastic containers, cereal boxes, junk mail,
cardboard, and newsprint which may change from time to time as may
be determined by the Borough or state regulatory action.
The collection, separation, recovery and sale or reuse of
recyclables, yard material and/or leaf waste which would otherwise
be disposed of or processed as municipal waste, and creation and recovery
of reusable materials other than fuel for the operation of energy.
A container issued by the Borough through its collector to
each eligible property for purposes of storing and disposing of recyclables,
which shall remain the property of the collector and remain with the
property following any conveyance of the property to a new owner.
All approved material is stored in a single collection container
for the purpose of being recycled.
All ordinary household trash and garbage, yard waste, commercial
office waste, municipal waste, rubbish, bulk waste, nonrecyclable
glass, metal, paper, plastic, wood and other composite materials.
Grass clippings, weed, hedge clippings, flower bed and garden
waste which may include minimum quantities of leaf waste, sticks and
branches one inch in caliper or less. Yard waste does not include
bulk curbside leaf collection or curbside tree and brush collection
for branches in excess of one inch in caliper.
This article shall apply to all territory embraced within the
corporate limits of the Borough of Pennsburg and the area of police
jurisdiction as now established or as may hereafter be established.
All eligible properties shall be required to participate in the recycling
program described in this article.
For all properties that are not eligible to participate in this
program offered by the Borough (either by reason of type of use, type
of waste, or amount of waste) shall be required to provide approved
alternate service for collection and disposal of recyclables. The
owners of such property shall provide written proof of the approved
alternate service to the Borough.
The Borough Council, through its Trash and Recycling Committee,
shall be authorized to prepare any rules and regulations for the efficient
administration and enforcement of the provisions of this article.
Such rules and regulations, when approved by resolution of the Borough,
shall become and are hereby part of this article, and any person violating
any one of such rules shall be punished for a violation of this article.
The Borough hereby establishes a recycling program for the mandatory
separation and collection of recyclables and yard waste, from all
eligible properties in the Borough for which waste collection is provided
by the Borough or any other collector. Collection of the materials
to be recycled shall be made periodically by the Borough, their designated
agent, or any other municipal waste collector operating in the Borough.
Guidelines establishing the manner, days and time of collection
of recyclables, yard waste and leaf waste, and the bundling, handling,
location and time of placement of such materials for collection are
attached hereto and made a part hereof. The Borough may, by resolution,
modify, add to or remove from the guidelines established herein.
A.
All persons who are residents of the Borough and/or who reside in
eligible properties shall adhere to the following provisions concerning
the separation and collection of recyclables:
(1)
Each eligible property shall separate recyclables, yard waste, and
leaf waste from all other municipal waste produced at their home,
apartment, or other establishment, and store such material for collection
and shall place such material for collection in accordance with the
guidelines established hereunder.
(2)
All persons must separate yard waste from other municipal waste generated
at their houses, apartments or other establishments for collection,
unless provision is made for composting such material. Separated yard
waste shall be placed for collection in biodegradable paper bags.
Yard waste placed in plastic or other bags that are not biodegradable
or raked or piled in areas where municipal refuse is placed for collection
or removal will not be accepted. Grass clippings will also not be
accepted.
(3)
Each eligible property shall be supplied a sixty-four-gallon collection
container.
B.
The following requirements shall apply, where applicable, to commercial,
industrial, and other institutional establishments.
(1)
All persons associated with the uses described above must separate
high-grade office paper, aluminum, corrugated paper and yard waste
generated at the property from community activities and store the
material until collection. A person may be exempted from this subsection
if the person submits documentation to the Borough annually indicating
that designated recyclables are being recycled in an appropriate manner.
(2)
Recyclables must be separated from municipal waste generated at all
noneligible properties. Yard waste must be separated from all other
wastes and composted, used as mulch or placed for collection. Separated
yard waste may be placed for collection in accordance with dates advertised
and by the following methods:
(a)
Leaf waste shall be placed in approved biodegradable paper bags
or cans. Leaf waste placed in plastic or other nonapproved biodegradable
bags will not be accepted.
(3)
The design of a collection system should reflect the site-specific
conditions at a complex. The collection system must include suitable
containers for collecting and sorting materials, easily accessible
locations for the containers, and written instructions to the occupants
concerning the use and availability of the collection system. Owners,
landlords, and agents of owners or landlords, and condominium associations
who comply with this section shall not be liable for noncompliance
of occupants of their buildings.
(4)
Owners, landlords, or agents of owners or landlords, and condominium
associations must provide for collection, transportation, processing
and marketing of recyclables by:
(5)
Owners, landlords, or agents of owners or landlords, condominium
associations, and owners, operators, or agents of owners and operators,
of all such commercial, industrial, municipal and institutional establishments,
shall be required to comply with all other state rules, regulations
and requirements with respect to recycling. In addition, they shall
be required to submit an annual report to the Borough describing the
provisions for recycling of collected materials, including the type
and weight of materials recycled in the preceding year. The report
shall be submitted no later than February 1 of each calendar year.
C.
The owner, landlord, or agent of owner, in all cases, shall be responsible
to provide all necessary information concerning recycling to the tenants,
to ensure that all rules, guidelines and regulations set forth in
this article are followed and adhered to by any occupant or tenant
or of the property or establishment.
All recyclables, yard waste and leaf waste placed by a resident
for collection by the Borough pursuant to this article, and regulations
hereunder, shall, from time of pickup, become the property of the
Borough.
It shall be a violation of this article for any person, firm
or corporation, other than the municipality or one authorized by the
Borough, to collect recyclables, yard waste and leaf waste placed
by the resident for collection by the Borough, unless such person,
firm or corporation has prior written permission to make such collection.
Each unauthorized collection in violation hereof, from one or more
residences on one calendar day, shall constitute a separate and distinct
offense punishable as hereinafter provided.
Any resident may donate or sell recyclables, yard waste and
leaf waste to any person, firm or corporation, whether operating for
profit or not, provided that the receiving person, firm or corporation
shall not collect such donated recyclables from the collection point
of a residence without prior written permission from the Borough,
or its authorized representative, to make such collection. In addition,
the Borough reserves the right not to collect municipal waste containing
recyclables in combination with nonrecyclables.
All recycling collection containers are to remain the property
of the collector and are to be used exclusively for the purpose of
the recycling program. In the event there is a change in occupancy
at the location where a container was issued, the container shall
be given to the new occupant to remain at the location. Lost or damaged
containers will be replaced at a cost to established by the Borough.
The property owner will shall be advised that the container needs
to remain with the property. In the event the owner/occupant does
not have a sixty-four-gallon collection container, it will be the
property owner's responsibility to replace the container. The
cost to replace the container shall be established and revised by
resolution of Borough Council from time to time.
Except as herein otherwise provided and in addition to any penalty
that may be suffered by reason of a violation of this article, or
of the rules and regulations as promulgated and made effective by
the Borough and approved by resolution, any person (owner, landlord,
resident, tenant, occupant or agent) who shall violate or fail to
comply with the provisions of this article, its supplements or amendments
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $50 nor more than $600 plus costs of prosecution for each
and every offense, provided that each day that any violation shall
continue shall constitute a separate offense.