[Ord. 935, 8/20/2003, § 2]
All definitions listed in §§ 20-102 and 20-202 hereof are hereby incorporated by reference into Part 3 and given the same meaning. The following words and phrases shall have the meanings set forth below, unless the context of their use clearly indicates a different meaning:
One who performs an act for his immediate family of for another
person gratuitously (without any monetary or material compensation
therefore).
A facility designed to, and which does, act as a collection
center for the processing, storage, and shipment of recyclable materials.
The term specifically excludes transfer stations and landfills for
solid waste and composting facilities and resource recovery facilities;
and specifically excludes charitable organizations that accept recyclables
for collection but do not process such recyclables.
A person who has registered with the Borough under the regulations
of this Part to collect, transport, and dispose of solid waste and
recyclable materials for persons other than himself, his immediate
family, or persons for whom he is acting as an agent.
[Ord. 935, 8/20/2003, § 2]
1.
All persons collecting municipal waste and/or recyclable materials
within or from the Borough shall register with the Borough in accordance
with the requirements of this Part. Registration shall be given only
as set forth below. Collection of municipal waste or recyclable materials
for persons other than one's self or for whom one is acting as
an agent (as defined in this chapter) may be undertaken only through
registration with the Borough as required by this Part.
2.
All registered collectors shall have an affirmative duty to follow
and conduct themselves in accordance with their current county and/or
commonwealth license or permit, and to service each of their customers
in accordance with the requirements of this chapter, any failure of
which shall be a violation of this Part and chapter.
A.
Collector's Registration.
(1)
Application. All collectors of solid waste and recyclable materials
in and from the Borough must register with the Borough using such
applications and forms provided from time to time by the Borough Manager.
(2)
Application Material. All collectors of solid waste and recyclable
materials registering with the Borough shall furnish the Borough with
the following information on a form provided by the Borough Manager.
(a)
The name, address, and telephone number of the collector.
(b)
The vehicle registration number, state of registration, and
the make, model and size of each vehicle to be used for collection
and hauling.
(c)
A list of all of the collector's current customers in the
Borough.
(d)
A copy of the collector's current county and commonwealth
license or permit.
(e)
Any and all additional information which the Borough may request
and deem necessary.
(3)
Annual Registration. All collectors of solid waste and recyclable
materials shall register with the Borough by January 15th of each
calendar year.
(4)
Impact of Registration. Registration of collectors under this
section does not grant a vested right to any collector to a continued
right to collect municipal waste and recyclables in the Borough, and
the Borough reserves the right to contract for municipal waste and
recycling services or to initiate the public collection of municipal
waste and/or recyclables at any time.
(5)
Duties of Registered Collector. A registered collector shall
comply with the following:
(a)
The registered collector shall be responsible for the manner
in which his employees perform work pertaining to collection, hauling
and disposal of municipal waste and recyclables under the terms of
this chapter.
(b)
The registered collector shall pay all costs charged for the
use of any disposal facilities, which he utilizes.
(c)
A registered collector shall empty bulk containers (such as
dumpsters), which have been provided by them to their customers, when
such bulk containers become full.
(d)
A registered collector shall take all recyclable materials collected
from their customers to a recycling center.
(f)
Required Reports. Registered collectors handling recyclable
materials shall submit to the Borough Manager reports as follows:
(1) a report on not less than a quarterly basis; and (2) a final report
submitted on January 15th of each year for the immediately preceding
calendar year. Registered collector reports shall provide the following
information for each separate month covered by the report:
(i)
Tonnage for each separate item collected.
(ii)
The location at which the item was transported.
(iii)
The name of the market to which the item was
sold.
(iv)
Dollar amount received for each item rejected
due to contamination, if any, by the market.
(v)
The number of properties collected each month.
(vi)
Any other information deemed necessary by the
Borough Manager.
[Ord. 935, 8/20/2003, § 2]
Every registered collector shall provide to its residential
customers the service of removing recyclable materials from their
properties. Any such recyclable materials so removed by registered
collectors shall be kept separate from municipal waste, and shall
be taken to a recycling center for the purpose of recycling. Registered
collectors shall take all of their customer's recyclable materials
to a recycling center for the purpose of recycling.
[Ord. 935, 8/20/2003, § 2]
Every registered collector shall provide to its commercial,
municipal, institutional and multifamily housing property customers
the service of removing recyclable materials from their properties.
Any such recyclable materials so removed by registered collectors
shall be kept separate from municipal waste and shall be taken to
a recycling center for the purpose of recycling. Registered collectors
shall take all of their customers' recyclable materials to a
recycling center for the purpose of recycling.
[Ord. 935, 8/20/2003, § 2]
The Borough Manager is hereby authorized and directed to adopt
such written regulations that may be necessary for the administration
and enforcement of this Part. Any regulations adopted by the Borough
Manager shall become effective within 30 days after submission to
Borough Council, unless the regulations are disapproved by Council
within the thirty-day period.
[Ord. 935, 8/20/2003, § 2]
All complaints regarding collection of recyclables or solid
waste shall initially be reported to the registered collector. Any
reasonable complaint shall be given prompt and courteous attention
by the registered collector. In the case of missed collection, the
registered collector shall collect from the missed collection site
not later than 24 hours after the complaint is received. Any complaint
which the registered collector fails to resolve shall be reported
in writing to the Borough Manager.
[Ord. 935, 8/20/2003, § 2; as amended by Ord. 976,
1/16/2008]
1.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
