[HISTORY: Adopted by the Borough Council of the Borough of Tullytown 1-3-2017 by Ord. No. 380. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 101.
Solid waste — See Ch. 146.
Storage of vehicles — See Ch. 174.
The short title of this chapter shall be the "Borough of Tullytown (TB) Recycling Ordinance," and the same may be cited in that manner.
ALUMINUM
Aluminum is a product, light in weight, ductile and malleable substance or element commonly known as aluminum and shall include all aluminum food and beverage cans. The description excludes aluminum foil, trays, plates and miscellaneous noncan aluminum products.
COMINGLED RECYCLABLE MATERIAL OR RECYCLABLES
Those recyclable materials specified to be recycled, mixed together in a recycling container for "single stream" recycling collection, or collected together in a single week.
COMMUNITY ACTIVITIES
Events that are sponsored in whole or in part by a mandated municipality, or conducted within a mandated municipality and sponsored privately, which include but are not limited to fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
COMPOSTING
A controlled microbials degradation of organic waste to produce a relatively nuisance-free product of potential value as a soil conditioner.
CONTAINER
A receptacle constructed of metal or plastic and used for the storage of residential solid waste and recyclables. The container shall be waterproof with a tight fitting cover, and equipped with pull handles.
CURBSIDE
The area within five feet of the edge of a public or private street, land, alleyway or intersection of a shared driveway and adjacent private property.
DISPOSAL SITE
A site, location, tract of land, area, or premises used or intended to be used for solid waste disposal as designated and permitted by the PA DEP.
DWELLINGS
Designated recyclable materials generated at dwellings for single-stream collections shall be placed at the curb separate from municipal waste for collection, specific materials, times, dates, and type containers to be established by Borough Council resolution.
[Amended 3-7-2017 by Ord. No. 381]
FAMILY
One person, or two or more persons related by blood, foster relationship, marriage, or adoption, and in addition, any domestic persons who need not be so related, and in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder, or lodger shall not be considered a member of the family.
FERROUS CONTAINERS
Empty steel or tin food or beverage containers.
GLASS
Glass is the hard, brittle, transparent or partially transparent substance produced by the fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually or conveniently included in the manufacture of glass, including clear, brown, green and blue glass; and shall for the purpose of this contract include only materials commonly known as glass bottles, jars, or containers. This includes all food and beverage containers made of glass. Excluded are ceramics, pottery, flat glass commonly known as "window" or "plate" glass, automotive glass, mirrors, porcelain, and light bulbs.
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.
MULTIFAMILY RESIDENCE
Any occupied residential structure other than a dwelling as defined herein, including, without limitation, apartment buildings and other multiunit structures with four or more units, from which a private hauler collects solid waste.
[Amended 6-6-2017 by Ord. No. 383]
MUNICIPAL ESTABLISHMENTS
Any facility or building owned or operated by a local government or county government, local government or county government authority, state government or agency, or federal government or agency.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other materials, including solid, liquid, semisolid, or contained gaseous materials, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition or residual or hazardous waste in the Solid Waste Management Act[1] 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.
PAPER
Paper includes cardboard, junk mail, newspapers, gray board, office paper, and magazines.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PLASTIC
Plastic is synthetic or semi-synthetic polymers molded into a variety of products, including containers for soda, milk, and other beverages and other packaging, and generally identified by a number between one and seven stamped or printed on the bottom or side of the product.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
There is hereby established a program requiring the separation from municipal waste of recyclable materials and yard waste generated at dwellings, residences, multifamily residences, municipal establishments and community activities within the Borough of Tullytown, hereinafter referred to as the "Borough."
A. 
Dwellings. Designated recyclable materials generated at dwellings for single stream collection shall be placed at the curb separate from municipal waste for collection at such times and dates and from such containers as may be established by Borough Council.
(1) 
Designated recyclable materials for residences are: aluminum cans, clear glass containers and paper.
B. 
Multifamily residences. Recyclable materials generated at multifamily residences for single stream collection shall be placed in appropriate containers, separate from municipal waste. Collection receptacles of sufficient size for recyclable materials shall be placed in easily accessible locations, such as storage areas, or areas where municipal waste is presently collected. Recyclable materials shall be stored in accordance with State Fire Code regulations and all federal, state and local health and safety laws and ordinances, until collection. Recyclable materials shall be collected at least twice per month by a private hauler, and not part of the municipal recycling collection by the Borough of Tullytown.
[Amended 3-7-2017 by Ord. No. 381; 6-6-2017 by Ord. No. 383]
(1) 
Specific recyclable materials shall be established by Borough Council resolution.
Persons shall separate yard waste from other municipal waste generated within the municipality. No leaf waste shall be placed for collection unless the leaf waste is to be composted.
A. 
The Borough of Tullytown is authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for collection of recyclable materials from dwellings in accordance with the terms hereof. The Borough may change, modify, repeal or amend any portion of said rules and regulations at any time.
PRIVATE COLLECTOR/HAULER
A person providing collection, hauling and disposal services for municipal waste and/or recyclable materials on a private contract basis within Tullytown Borough.
RECYCLABLE MATERIALS
Those materials specified by the municipality to be recycled. This list of materials is designated herein and may be revised from time to time as deemed necessary by the Borough.
RECYCLING
Recyclable material or recyclables are those materials specified by ordinance or resolution of the Borough Council to be recycled in any given year such materials may include, but not be limited to, aluminum products, ferrous container, bimetal containers, glass containers, newspapers, magazines and periodicals, mixed paper including bulk business mail, computer paper, typing paper, writing paper, envelopes, telephone books, wrapping paper and office paper, plastic containers with No. 1 - No. 7 stamped on bottom, plastic grocery bags with No. 2, and No. 4 symbols; corrugated cardboard, including shipping and packaging boxes having layered construction, paperboard (e.g., shoe and cereal boxes), and brown paper bags.
RECYCLING EDUCATION
Program as required by PA DEP to educate residents on recycling.
RECYCLING PROCESSING CENTER
A plant, establishment or other operation which accepts, sorts, prepares, consolidates, process, handles, or otherwise modifies recyclable materials for sale, further distribution, or other recycling use.
SINGLE-STREAM COLLECTION
A collection system by which all recyclables specified are mixed together at the time of collection and separation takes place at a recycling facility. Single stream recyclables will never be mixed with residential solid waste.
SOLID WASTE
All refuse (garbage and rubbish) and other discarded solid material normally collected by a municipal or private hauler.
YARD WASTE
Leaves, garden residues, shrubbery and tree trimmings or similar vegetative matter.
B. 
Private collectors/haulers. All municipal waste and recyclable materials and leaf waste accumulated at dwellings, multifamily residences, and municipal establishments, and at community activities, shall be collected, conveyed and disposed of only by private collectors/haulers duly licensed in accordance with law.
A. 
Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this Ordinance, or of any regulations promulgated pursuant hereto, pertaining to the separation, storage, collection, transportation or disposal of recyclable materials or municipal waste, shall upon conviction thereof, be subject to payment of court costs and a fine not to exceed $300 upon first convection, $500 upon second conviction, and $600 upon third or subsequent convictions, every day that a violation of this article continues shall constitute a separate offense, together with court costs and attorneys' fees.
B. 
Owners, landlords and agents for owners or landlords of property who comply with this chapter shall not be liable for the noncompliance of tenants/occupants of such property.
The municipality or its designated agent may enter into (an) agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.
Any person may donate or sell recyclable materials to individuals or organizations that are licensed or authorized by the municipality in its recycling regulations. These materials must either be delivered to the individual's or organization's site or they may be placed at the curb for collection by said individual or organization on days not indicated as recyclable materials on or immediately preceding (within 24 hours) a regularly scheduled curbside collection day.
This chapter shall take effect upon establishment of recycling regulations and after the entry into agreements with public haulers to collect recyclables.