City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 22-1992. Amendments noted where applicable.]

§ 9-309.1 Purpose and goals.

The City finds that the reduction of the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of Pennsylvania Act 101, the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988,[1] and the county plan. The separation and collection of plastic, paper, cardboard, glass, cans, and vegetative yard waste for recycling from the residential, commercial, and institutional establishments in this City will minimize potential adverse environmental effects of landfilling by reducing the need for landfills and conserving existing landfill capacity; facilitate the implementation and operation of other forms of resource recovery called for by the county plan; conserve natural resources; and reduce the cost of municipal waste disposal generally. The promotion and use of recyclable material, goods produced from recycled materials, and goods which facilitate recycling will further serve the same purposes by encouraging and facilitating recycling. As a goal, the City will endeavor to recycle 25% of municipal waste by January 1, 1997, in accordance with the provisions of Act 101.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 9-309.2 Responsible agent.

A. 
The Director DPW or a designee shall be responsible for all aspects of a recycling program in the City of Harrisburg, including the preparation of all necessary plans for recyclable materials and the coordination of those plans with local, state and federal agencies.
B. 
The Director of DPW shall and is able to:
(1) 
Provide public recyclable material collection, storage, transportation and marketing service and/or approve and regulate the establishment, maintenance and operation of private recyclable material collection, storage, transportation, and marketing services and sites;
(2) 
Adopt, issue and enforce such rules and standards as are necessary to implement and carry out the intent of this chapter;
(3) 
Issue warning notices and initiate proceedings against violators of this chapter;
(4) 
Investigate all complaints;
(5) 
Inspect all aspects of recyclable collection, storage and marketing, including but not limited to equipment, containers, facilities, books and records;
(6) 
Designate an agent(s) to enforce this act.

§ 9-309.3 Establishment of curbside program.

The Director DPW shall designate a schedule and plan for curbside collection of recyclable materials.

§ 9-309.4 Distribution of recycling containers.

[Added 4-23-2013 by Ord. No. 4-2013[1]]
The Director of DPW shall establish a recycling container distribution program in which recycling containers are distributed free of charge to residents of the City of Harrisburg at designated locations and during designated time periods, which locations and times shall be announced to the public prior to the distribution.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 9-309.4 through 9-309.12 as §§ 9-309.5 through 9-309.13, respectively, and former § 9-309.99 as § 9-309.14.

§ 9-309.5 Collection standards.

A. 
Collection of recyclable materials pursuant to this chapter shall be made every week, except in cases where the collection day falls upon New Year's Day, Dr. Martin L. King's Birthday, Presidents' Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, or Christmas Day. Collection shall occur in accordance with a schedule publicly advertised by the City.
B. 
All residents within the City served by the curbside program established pursuant to this chapter shall source-separate all designated recyclables and place them at designated pickup points in the manner described in this chapter and on the date specified for collection by the schedule published by the City.
C. 
The schedule, which shall proceed upon public notice by the Director DPW, shall direct recyclables to be collected on a regularly scheduled weekly pickup.
D. 
No material shall be placed at the roadside earlier than 7:00 p.m. the evening of the day preceding a scheduled collection day. Material must be placed at the roadside by 6:00 a.m. on the scheduled collection day.
E. 
Designated recyclables for the residential curbside program established pursuant to this chapter shall consist of the following materials:
[Amended 10-23-2001 by Ord. No. 18-2001]
Plastic jugs
Bimetal cans
Clear glass
Yard waste
Tin cans
Brown glass
Newsprint
Aluminum cans
Green glass
F. 
These materials shall be required to be source-separated in a commingled container provided by the City, except yard waste, which shall be separated from all other designated recyclables for collection by the City or its agent(s).
G. 
For residents of apartments or other residential establishments with four or more units that cannot be served by the City's curbside recycling program, the owner, landlord or agent of the owner or landlord of such units shall establish a source-separation and collection system for designated recyclable materials. The source-separation and collection system shall include suitable containers and written instructions to residents concerning the mandatory use of the recycling collection system. The owner, landlord or agent of the owner or landlord shall also provide for transportation of such recyclables to a recycling processing facility, either through the City or a private hauler. If the owner, landlord, or agent of the owner or landlord utilizes a private hauler to transport the designated recyclable materials, such person is required to provide annual written documentation as to the type and weight of materials recycled during the preceding 12 months. Reports are due to the City in a form provided by the City no later than January 15 of each year and may be supplemented quarterly.
[Added 10-23-2001 by Ord. No. 18-2001]
H. 
Following the collection of recyclables, the recycling bin must be removed from any right-of-way (including streets, alleys, sidewalks and common walkways) prior to 9:00 p.m. of the night following collection. All recycling bins must then be properly secured on the property.
[Added 7-9-2013 by Ord. No. 15-2013]

§ 9-309.6 Preparation of designated recyclables.

All recyclables placed at the curbside by residents for collection pursuant to the curbside program established pursuant to this chapter shall be prepared for collection as follows:
A. 
Glass containers and plastic jugs shall have caps and lids removed.
B. 
Glass containers, plastic jugs and cans shall be rinsed free of contaminants.
C. 
Glass containers, plastic jugs and cans shall be placed in a commingled container to be provided by the City. Plastic garbage bags or other home-use containers shall not be utilized as containers for recyclable materials; only containers designated by the City shall be utilized for recyclable material collection.
D. 
Newsprint shall be either tied with twine or placed in a paper bag and placed on top of the commingled recycling container previously provided to residents by the City. Plastic garbage bags or other home-use containers shall not be utilized as containers for newsprint. "Newsprint" shall include any paper made from wood pulp used chiefly for printing newspapers.
[Added 10-23-2001 by Ord. No. 18-2001]

§ 9-309.7 Leaf and yard waste facility.

The City shall establish a leaf and yard waste recycling facility for the processing of leaves and yard waste, including tree trimmings, brush, garden residue and, if designated, grass clippings, the location and operation of which shall be publicly announced.

§ 9-309.8 Disposal of leaves and yard waste.

A. 
No person shall dispose of leaves, arrange for the disposal of leaves, or cause leaves to be disposed of at any solid waste facility, other than a composting facility, after the establishment of the leaf and yard waste recycling facility.
B. 
All persons who gather leaves and who are served by the City program for separate collection of leaves shall source-separate all leaves and place them for collection at the times and in the manner heretofore or hereafter prescribed by the Director DPW.
C. 
Nothing herein shall either require any person to gather leaves or prevent any person from utilizing leaves for compost, mulch, or other agricultural, horticultural, silvicultural, gardening or landscaping purposes.

§ 9-309.9 Mandatory commercial, municipal and institutional recycling program.

[Amended 10-23-2001 by Ord. No. 18-2001]
A. 
All persons within the City who are not served by the curbside recycling program established pursuant to § 9-309.3 of this chapter, including residents of apartments and other residential establishments, shall source-separate and arrange for the collection of recycling of all designated recyclables in accordance with the source-separation and collection system at their establishment.
B. 
All commercial, municipal and institutional establishments are required to source-separate all designated recyclable materials set forth below and to provide for transportation of those designated recyclable materials, either through the City or a private hauler. If a commercial, municipal and institutional establishment utilizes a private hauler to transport the designated recyclable materials, such person is required to provide annual written documentation as to the type and weight of materials recycled during the preceding 12 months. Reports are due to the City in a form provided by the City no later than January 15 of each year and may be supplemented quarterly.
C. 
Designated recyclables for the mandatory commercial, municipal and institutional recycling program shall consist of the following materials:
(1) 
High-grade office paper;
(2) 
Corrugated paper;
(3) 
Glass containers and aluminum cans;
(4) 
Leaf waste; and
(5) 
Other recyclable materials as designated by the City 30 days after such designation and publication of notice in a newspaper of general circulation within the City.
D. 
All community events shall include the source separation and processing of corrugated paper, glass containers and aluminum cans.

§ 9-309.10 Prohibited acts; public nuisance.

A. 
The following acts are prohibited:
(1) 
Any person other than a designated contractor or those permitted by the City collecting any designated recyclable material which has been placed at the pickup point for collection or within a recycling dropoff pursuant to this chapter.
(2) 
Any person violating or assisting in the violation of any provision of this chapter or any provision of Pennsylvania Act 101 concerning recycling.
(3) 
Any person placing or causing to be placed any material other than a designated recyclable in a City-provided recycling container or in or near a recycling dropoff facility.
(4) 
Any person hindering, obstructing, preventing, or interfering with the City or its personnel or permitted contractor in the performance of any duty under this code or in the enforcement of this chapter.
(5) 
Any person, other than the permitted contractor or those licensed by the City, removing any recyclable material from a recycling container.
(6) 
Any property owner failing to replace promptly any recyclable material which has been scattered or spilled from recycling containers other than through the negligence of the designated contractor or those licensed by the City.
(7) 
Theft of containers and unpermitted use of containers.
(8) 
The burning of any designated recyclable material and leaf waste, including leaves, garden residues, shrubbery and tree trimmings, and similar materials.
[Added 10-23-2001 by Ord. No. 18-2001]
B. 
All unlawful conduct set forth in this section shall constitute a public nuisance.

§ 9-309.11 Failure to source-separate.

The City may refuse to collect municipal waste from any person who has clearly failed to source-separate recyclables designated under an applicable section of this chapter.

§ 9-309.12 Other means of disposal.

Notwithstanding anything herein to the contrary, any resident of the City may donate or sell any recyclable to any other person, whether operating for a profit or not for profit; provided, however, that the person receiving the recyclable shall not under any circumstances collect the donated or sold material from the curbside without prior written permission from the City for such collection.

§ 9-309.13 Existing contracts.

A. 
Nothing contained in this section, chapter or code shall be construed to interfere with or in any way modify the provisions of any existing contract which is consistent with the laws of the Commonwealth of Pennsylvania and in force in the City on the effective date of this code.
B. 
No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing, or purchase of municipal waste or recyclables shall be entered into after the effective date of this chapter, unless such renewal or such contract shall conform to the requirements of this chapter.

§ 9-309.14 Penalty.

Any person who violates the provisions of this chapter shall be subject to the general code penalty, § 1-301.99, in addition to the other remedies available to the City.