Borough of Ben Avon, PA
Allegheny County
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Table of Contents
Table of Contents

§ 20-101 Short Title.

[Ord. 613, 6/8/1988, § I]
This Part shall be known and referred to as the "Solid Waste Ordinance."

§ 20-102 Definitions.

[Ord. 613, 6/8/1988, § II; as amended by Ord. 752, 1/17/2012]
1. 
The following words and phrases as used in this Part shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
ACT OR ACT 97
The Pennsylvania Solid Waste Management Act of 1980, P. L. 380, No. 97, July 7, 1980, 35 P.S. § 6018.101 et seq.
AGRICULTURAL WASTE
Poultry and livestock manure, or residual materials in liquid or solid form, generated in the production, and marketing of poultry, livestock, fur-bearing animals and their products, provided such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting, and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and excepted as farms, forests, or other agricultural lands.
BULKY WASTE
Large items of solid waste including but not limited to appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to their size, shape, or weight.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
CONSTRUCTION AND DEMOLITION WASTE
All municipal and residual waste building materials, grubbing waste, and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISPOSAL
The incineration, deposition, infection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE OR HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish, which normally originates in a dwelling unit such as a residential private household or apartment house.
DWELLING UNIT
One or more living or sleeping rooms with cooking and sanitary facilities for one person or one family.
FAMILY
One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a boarding house, lodging house, club, fraternity or hotel.
GARBAGE
Any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gasses, or vectors.
HAULER OR PRIVATE COLLECTOR
Any person, firm, copartnership, association or corporation who has been licensed by the Municipality or its designated representative to collect, transport, and dispose of refuse for a fee as herein prescribed.
HAZARDOUS WASTE
Any solid waste or combination of solid wastes, as defined in the Act, which because of its quantity, concentration or physical, chemical, or infectious characteristics may: (1) cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and other materials including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial of institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
MUNICIPALITY
The Borough of Ben Avon, Allegheny County, Pennsylvania.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government, institution or agency, state government, institution or agency, or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this Part prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the terms person shall include the officers and directors of any corporation or other legal entity having officers and directors.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, and resource recovery facilities.
REFUSE
All solid waste materials which are discarded as useless.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid, or that containing gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term residual waste shall not include coal refuse as defined in the Coal Refuse Disposal Control Act, 52 P.S. § 30.51 et seq. Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law, 35 P.S. § 691.1 et seq.
RUBBISH
All non-putrescible municipal waste except garbage and other decomposable matter. This category includes, but is not limited to, ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SEWAGE TREATMENT RESIDUES
Any coarse screenings, grit and dewatered or airdried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97, 35 P.S. § 6018.101 et seq.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid, or that containing gaseous material.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
2. 
In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 20-103 Prohibited Activities.

[Ord. 613, 6/8/1988, § III]
1. 
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Borough, any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provisions of this Part, any Department rules and regulations adopted pursuant to Act 97, 35 P.S. § 6018.101 et seq., and the Health Department Rules and Regulations, Article VIII.
2. 
It shall be unlawful for any person to burn any solid waste within the Borough except in accordance with the provisions of this Part, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
3. 
It shall be unlawful for any person to dispose of any solid waste in the Borough except in accordance with the provisions of this Part, any Department Rules and Regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
4. 
It shall be unlawful for any person to haul, transport, collect, or remove any solid waste from public or private property within the Borough without first securing a license to do so in accordance with the provisions of this Part.
5. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Borough without prior approval by the Borough.
6. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Borough except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.
7. 
It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the Borough except as provided in this Part.

§ 20-104 Standards for Storage of Solid Waste.

[Ord. 613, 6/8/1988, § IV]
1. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harboring or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
2. 
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections, and shall place and store all waste materials therein, and in accordance with the provisions of this Part.
3. 
Any person storing municipal waste for collection shall comply with the following preparation standards:
A. 
All municipal waste shall be drained of free liquids before being placed in storage containers.
B. 
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
C. 
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
D. 
Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall not be more than two feet in length, not more than 18 inches in diameter and not more than 40 pounds in weight.
E. 
Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
F. 
When specified by the Borough or its designated representative, special preparations and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
4. 
All municipal waste shall be stored in containers approved by the Borough or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
A. 
Reusable containers shall be constructed of durable, watertight, rust- and corrosion-resistant material, such as plastic, metal or fiberglass, in such a manner as to be leak-proof, weather-proof, insect-proof, and rodent-proof.
B. 
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
C. 
Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons, and a loaded weight of not more than 40 pounds.
D. 
Disposable plastic bags or sacks are acceptable containers provided the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of not more than 30 gallons and a loaded weight of not more than 35 pounds.
E. 
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
5. 
Any person storing municipal waste for collection shall comply with the following storage standards:
A. 
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
B. 
Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained, and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.
C. 
Containers shall be used and maintained so as to prevent public nuisances.
D. 
Containers that do not conform to the standards of this Part or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall promptly be replaced by the owner upon notice from the Borough or its designated representative.
E. 
Containers from all sources other than those required hereunder to have commercial disposal shall be placed at the curb of the public street adjacent to the premises upon which the solid waste originated, in such a manner so as to maintain vehicle access in the street and pedestrian access on the adjacent sidewalk, if any.
F. 
With the exception of pick-up days when the containers are placed out for collection, the containers shall be properly stored in the rear or side of the premises so as not to be visible from the public street and shall not be placed or kept upon the public streets or alleys. Containers shall not be placed at the curb for collection sooner than 5:00 p.m. prevailing time on the day prior to scheduled collection, nor permitted to remain at the curb when emptied after 7:00 p.m. prevailing time on the day of collection.
6. 
The storage of all municipal waste from multi-family residential units of more than six dwelling units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this Part. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler, and are subject to approval by the Borough.

§ 20-105 Standards and Regulations for Collection.

[Ord. 613, 6/8/1988, § V; as amended by Ord. 631, 12/18/1990, § 2]
1. 
The Borough shall provide for the collection of all garbage, rubbish, and bulky wastes from dwelling units, such as single family residences, and multi-family residential sources with less than seven dwelling units, by contract with a private collector.
2. 
All persons in dwelling units, such as single family residences, and multiple family units with less than seven dwelling units, shall use the residential collection service provided by the Borough unless they can demonstrate that they have made alternative arrangements that are consistent with this Part and approved by the Borough.
3. 
All multi-family residential sources with more than six dwelling units, commercial, institutional, and industrial establishments shall negotiate and individually contract collection service with the Borough's collector or any other properly licensed waste hauler of their choice.
4. 
All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the Municipality's collector and payment of any required special fee.
5. 
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, vectors, and unsightly conditions. The Borough reserves the right to require more frequent collection when deemed necessary.
6. 
Residential collection schedules shall be posted publicly at the Borough Hall by the Borough or its contracted hauler.
7. 
All solid waste collection activity shall be conducted from Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m. or on Saturdays between the hours of 6:00 a.m. and 12:00 noon, unless prior approval of any exception has been granted by the Borough. No collection, hauling, or transporting of solid waste shall be permitted on Sunday.
8. 
All licensed haulers and haulers under contract with the Borough shall comply with the following standards an regulations:
A. 
All municipal waste collected within the Borough shall ultimately be disposed of only at a landfill cited in the Allegheny County Solid Waste Management Plan, 1990, or on subsequent revisions thereto.
B. 
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97, and any Department regulations adopted pursuant to Act 97 and must be licensed by the Allegheny County Health Department.
C. 
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
D. 
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
E. 
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards, and nuisances.
F. 
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.

§ 20-106 Collection and Disposal Charges.

[Ord. 613, 6/8/1988, § VI; as amended by Ord. 618, 4/12/1989, §§ 1, 2; by Ord. 621, 12/27/1989, § 1; by Ord. 631, 12/18/1990, § 1; by Ord. 642, 12/18/1991, § 1; by Ord. 648, 12/16/1992, § 1; by Ord. 651, 12/15/1993, § 1; by Ord. 662, --/--/1994, § 1; by Ord. 673, 12/13/1995, § 1; by Ord. 677, 12/11/1996, § 1; and by Ord. 679, 12/16/1997, § 1]
1. 
The Borough Council of the Borough of Ben Avon shall be authorized to make funds available, in accordance with the laws and procedures of the Borough, for the establishment, maintenance, and operation of a municipal solid waste collection and disposal system; or for the contracting of such service to a private collector.
2. 
The Borough shall be responsible for the collection of the fees for solid waste collection and disposal from residential customers including multiple-family buildings with less than seven dwelling units.
A. 
The annual fee for the collection of municipal waste in the Borough of Ben Avon shall be $105 per dwelling unit for the calendar year 1998. The annual fee is hereby levied upon each dwelling unit situate in the Borough.
B. 
The annual fee may be paid at discount in one installment of $95 due on or before February 28, 1998. In the alternative, the fee may be paid at face value on or before May 31, 1998; thereafter the annual fee, or any part thereof remaining unpaid, may be paid with 5% penalty. After December 31, 1998, the amount due may be liened by the Borough in accordance with the municipal lien law of Pennsylvania, and thereafter interest will be due thereon at 10% per annum until paid in full.
C. 
The Borough may contract the collection of the fee to a Council of Governments or private municipal collection service as Council shall from time to time determine.
D. 
All unpaid municipal waste collection fees, together with late fees, service charges, and lien costs shall be lienable against the real estate which is the situs of the dwelling unit, pursuant to the Municipal Lien Law, Act of May 16, 1923, P.L. 207, as amended.
E. 
The Council of the Borough of Ben Avon may, from time to time, by resolution fix the annual fee levied pursuant to this Part, and the manner and time of its collection, including payment dates, discounts, penalties and service charges. Any fee levied under the provisions of this Part shall remain in effect from year to year until further resolution of the Borough Council.
3. 
Licensed haulers shall be responsible for the collection of any collection and disposal fees from multi-family residential buildings with more than six dwelling units, commercial, institutional, and industrial customers.

§ 20-107 Injunction Powers.

[Ord. 613, 6/8/1988, § VII]
The Borough may petition the Court of Common Pleas of Allegheny County for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this Part.

§ 20-108 Penalties.

[Ord. 613, 6/8/1988, § VIII; as amended by Ord. 903, 3/31/1999, § 1; and by Ord. 752, 1/17/2012]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.

§ 20-201 Title.

[Ord. 643, 3/2/1992, § I]
The short title of this Part shall be the "Borough of Ben Avon Recycling Ordinance," and the same may be cited in that manner.

§ 20-202 Definitions.

[Ord. 643, 3/2/1992, § II; as amended by Ord. 752, 1/17/2012]
The following words and phrases used throughout this Part shall have the following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.
ALUMINUM
Empty aluminum beverage or food containers.
BI-METAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
COLLECTOR
The entity or entities authorized by the Borough to collect recyclable materials from residences, or authorized by commercial, municipal and institutional establishments that do not receive collection services from the Borough to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel or tin coated food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are non-container glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
HIGH GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people including, but not limited to, hospitals, nursing homes, orphanages, day care centers, schools and universities.
LEAD ACID BATTERIES
Includes, but not be limited to, automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
MULTI-FAMILY HOUSING PROPERTIES
Any properties having six or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the Borough and other governmental and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residential or hazardous waste in the Solid Waste Management Act, 35 P.S. § 6018.101 et seq., 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 recyclable materials.
MUNICIPALITY
The Borough of Ben Avon.
NEWSPAPERS
Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
PERSON(S)
Owners, lessees, and occupants of residences and commercial, municipal and institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the Borough may stipulate specific types of plastic which may be recycled. This stipulation may be made and amended from time to time, by resolution of Borough Council.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Borough and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials shall include clear, amber and green glass, aluminum, ferrous metal and bimetallic cans, PET and HDPE plastics, and any other items selected by the Borough from among those specified in future revisions to Act 101, 53 P.S. § 4000.101 et seq. The recyclable materials selected by the Borough may be revised from time to time as deemed necessary by the Borough, by resolution of Borough Council.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials.
RESIDENCES
Any occupied single or multi-family dwellings having up to six dwelling units per structure for which the Borough provides municipal waste collection service under existing ordinances.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.

§ 20-203 Establishment of Program and Grant of Power.

[Ord. 643, 3/2/1992, § III]
1. 
The Borough hereby establishes a recycling program for the mandatory separation and collection of recyclable materials from all residences and all commercial, municipal and institutional establishments located in the Borough for which waste collection is provided by the Borough or any other collector. Collection of the recyclable materials shall be made at least once per month by the Borough, its designated agent, or any other solid waste collectors operating in the Borough and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program.
2. 
Specific program regulations shall be promulgated by the Borough Council as an attachment to this Part. The Borough is empowered to make changes to program regulations as necessary, as described in § 20-210. Subsequent changes in the program regulations may be made by resolution of the Borough council and public notice and notification to all affected parties.
3. 
This Part is ordained pursuant to the provisions of the Borough Code, 53 P.S. § 45101 et seq.

§ 20-204 Lead Acid Batteries.

[Ord. 643, 3/2/1992, § IV]
Disposal by persons of lead acid batteries with other municipal wastes is prohibited and shall be a violation of this Part.

§ 20-205 Separation and Collection.

[Ord. 643, 3/2/1992, § V]
1. 
All persons who are residents of the Borough shall separate all of those recyclable materials designated by the Borough from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection, and shall place same for collection in accordance with the guidelines established hereunder.
A. 
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the Borough for collection; provided, however, that unless and until the Borough provides such containers, or in the event that the volume of recyclable material exceeds the capacity of the containers provided, recyclable materials shall be placed at the curbside in blue plastic bags manufactured and marketed as recycling bags; and further provided that any person who has contracted with the Borough's waste collector for rear yard pickup of waste may contract for rear yard pickup of recyclable materials. Any containers provided to residences for collection of recyclable materials shall be the property of the Borough and shall be used only for the collection of recyclable materials. Any resident who moves from the Borough shall be responsible for returning the allocated container(s) to the Borough or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this Part.
B. 
An owner, landlord, manager or agent of an owner, landlord or manager of a multi-family housing property with more than six units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords, managers and agents of owners, landlords or managers who comply with this Part shall not be liable for noncompliance of occupants of their buildings. If recyclable materials are collected by a collector other than the Borough or its authorized agent, owners, landlords and agents of owners or landlords shall submit an annual report to the Borough reporting the tonnage of materials recycled during the previous year. This requirement may be fulfilled by submission of a letter, or form from the collector which certifies that recyclable materials are being collected from the multifamily housing property, provided the collector submits an annual report indicating the tonnage of materials recycled during the previous year from such properties in the municipality.
2. 
During designated periods of municipal leaf collection, all persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste.
3. 
Persons must separate high grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Borough generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. A person may be exempted from this subsection by:
A. 
Providing for the recycling of high grade office paper, aluminum, corrugated paper and other materials deemed appropriate by the Borough.
B. 
Submitting, at a minimum, an annual recycling report to the Borough Council of the Borough. The report shall document the amount of municipal waste generated per year as well as the type and weight of materials that were recycled in the previous calendar year. Valid documentation shall include information from an end-user, recycler, or waste hauler which describes the type and weight of each recyclable material that was collected and marketed. Documentation may be in the form of one of the following:
(1) 
Copies of weight receipts or statements which consolidate such information.
(2) 
A report from the provider of recycling collection services which identifies the amount of each material collected and marketed. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its source-separated materials.
(3) 
A report from the provider of waste collection services that identifies the type and weight of each recyclable material collected and marketed in cases where recyclables are commingled with the establishment's waste. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its waste. For subparagraph (1) and (2) where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.
4. 
If recyclable materials are collected by a collector other than the Borough or its authorized agent, occupants of said establishments shall submit an annual report to the Borough reporting the type and weight of materials recycled during the previous calendar years. This requirement may be fulfilled by submission of a letter or form from the collector which certifies that recyclable materials are being collected from the establishment.
5. 
All employees, users (patrons), and residents of commercial, municipal and institutional establishments must be informed of the recycling program. The education program should describe the program's features and requirements, and should include at a minimum an annual program meeting and an orientation to the program upon the arrival of a new employee or resident. Receptacles should be clearly marked with the recycling symbol and the type of recyclable material that is to be placed in the receptacle, and signs should be prominently displayed stating the requirements of the program. Commercial, municipal and institutional establishments which generate more than 2,200 pounds of municipal waste per month should also implement a waste minimization opportunity assessment which includes:
A. 
Waste characterization, including source, generation rate, management techniques, arid management costs. The assessment should expressly consider high-grade officer paper, aluminum, corrugated paper, and any other materials generated in significant quantities.
B. 
A description of all possible waste minimization options, including use and waste reclamation.
C. 
An evaluation of the economic and technical feasibility of each option and a ranking of each option.
D. 
An estimate of the pay back period for each feasible option.
E. 
A statement of which options will be implemented, including an explanation and a timetable.
F. 
Identification of the individual(s) who will be responsible for implementing the plan.
6. 
The waste minimization plan should be periodically updated. Implementation of the plan should include:
A. 
Recycling or composting of materials, to the greatest extent feasible, either privately or through a municipal recycling program.
B. 
Use, to the greatest extent feasible, or products and materials which are recyclable or made of post-consumer materials.
C. 
Substitution to the greatest extent feasible, or durable and reusable products arid materials for products that are not durable or reusable.
D. 
Appropriate education materials and signs should be made available to employees or the public to encourage participation in recycling and waste reduction.

§ 20-206 Ownership of Recyclable Materials.

[Ord. 643, 3/2/1992, § VII]
All recyclable materials placed by persons for collection by the Borough or authorized collector pursuant to this Part shall, from time of placement at the curb, become the property of the Borough or the authorized collector, except as otherwise provided by § 20-207 of this Part. Nothing in this Part shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.

§ 20-207 Collection by Unauthorized Persons.

[Ord. 643, 3/2/1992, § VII]
It shall be a violation of this Part for any person, firm or corporation, other than the Borough or one authorized by the Borough or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the Borough or an authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. The unauthorized collection from one or more residences or commercial, municipal and institutional establishments of recyclable materials in violation hereof on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 20-208 Existing Recycling Operations.

[Ord. 643, 3/2/1992, § VIII]
Any resident or commercial, municipal or institutional establishment may donate or sell recyclable materials 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 recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the Borough or other entity responsible for authorizing collection of recyclable materials to make such a collection.

§ 20-209 Recycling of Materials.

[Ord. 643, 3/2/1992, § IX]
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this Part. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited.

§ 20-210 Enforcement and Administration.

[Ord. 643, 3/2/1992, § X; as amended by Ord. 752, 1/17/2012]
1. 
The Borough Administrator is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this Part as deemed necessary, including, but not limited to:
A. 
Establishing recyclable materials to be separated for collection and recycling by residences, and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
B. 
Establishing collection procedures for recyclable materials.
C. 
Establishing reporting procedures for amounts of materials recycled.
D. 
Establishing procedures for the distribution, monitoring and collection or recyclable containers.
E. 
Establishing procedures and rules for the collection of leaf waste.
2. 
Any person, firm or corporation who shall violate the provisions of this Part shall receive an official written warning of noncompliance for the first and second offense. Thereafter all such violations shall be subject to the penalties hereinafter provided.
3. 
Except as hereinafter provided, any person, firm or corporation who shall violate any of the provisions of this Part, upon conviction thereof, shall be sentenced to a fine of not less than $25 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
4. 
The Borough reserves the right not to collect municipal waste containing recyclable materials in combination with non-recyclable materials.

§ 20-211 Agreements.

[Ord. 643, 3/2/1992, § XI]
The Borough may enter into agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.