[HISTORY: Adopted by the Borough Council
of the Borough of Downingtown 5-7-1997 by Ord. No. 97-3.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch.
164.
Abandoned refrigerators — See
Ch. 230.
This chapter shall be known and may be cited
as the "Solid Waste Collection and Recycling Ordinance."
A.
As used in this article, words in the singular include
the plural, and those in the plural include the singular. Words in
the present tense include the future tense. Words used in the masculine
gender include the feminine gender and neuter.
B.
ALUMINUM CANS
ASHES
AUTHORIZED COLLECTOR
BIMETALLIC CANS
BOROUGH
BULK SOLID WASTE
COLLECTOR
COMMERCIAL ESTABLISHMENT
COMMINGLED COLLECTION
COMMUNITY ACTIVITIES
COMPOST
COMPOSTABLE MATERIAL
COMPOSTING
CONTRACTOR
CORRUGATED PAPER
CURBSIDE COLLECTION CONTAINER
DISPOSAL FACILITY
DROPOFF CENTER
DWELLING UNIT
ENVIRONMENTAL PROTECTION ACTS
GARBAGE
GLASS CONTAINERS
HIGH-GRADE OFFICE PAPER
INFECTIOUS WASTE
INSTITUTIONAL ESTABLISHMENTS
LEAD ACID BATTERIES
LEAF WASTE
MULTIUNIT PARCEL
MUNICIPAL SOLID WASTE
NEWSPAPERS
PADEP
PERSON
PLASTIC CONTAINER
PRIVATE COLLECTOR/HAULER
PROCESSING FACILITY
RECYCLABLE MATERIALS
RECYCLING
RECYCLING CENTER
REFUSE
REFUSE CONTAINER
RESIDENCE
ROOMING HOUSE
RUBBISH
SCAVENGING
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIAL
STEEL CANS
STREET CONTAINER
WASTE
Unless the context clearly requires to the contrary,
the following words and phrases shall have the meanings hereinafter
set forth:
Empty, all-aluminum beverage and food containers.
The residue from the burning of wood, coal, coke and other
combustible materials for the purpose of heating and cooking.
A person, individual, partnership or corporation, or employer
or agent thereof, authorized by the Borough to collect solid waste
and/or recyclable materials from residential, commercial and institutional
properties within the Borough.
Empty food and beverage containers consisting of steel and
aluminum.
The Borough of Downingtown, Chester County, Pennsylvania;
Borough Council; Mayor; or its duly authorized representatives.
Large items of refuse, including but not limited to stoves,
refrigerators, freezers, dehumidifiers, air conditioners, chairs,
sofas, davenports, radios, televisions (picture tube must be neutralized
to eliminate danger of implosion), mattresses, tables, rugs (cut and
bound in sections not longer than four feet in length), lamps, dishwashers,
sinks, toilets, tubs, hot-water heaters, cabinets, lawn furniture,
clothes washers and dryers. It does not include any solid waste resulting
from construction or demolition of buildings and other structures,
including but not limited to wood, plaster, metals, asphaltic substances,
bricks, block, concrete or any other similar items, or tree stumps
and large tree limbs. Any bulk item containing Freon (i.e., refrigerators,
freezers, dehumidifiers and air conditioners) shall be marked with
certification that the Freon has been properly removed.
The person, individual, partnership, corporation, firm, agency
or public body or employee or agent thereof, who is engaged in the
collection and/or transportation of municipal solid waste and/or recyclable
materials.
Any commercial establishment engaged in nonmanufacturing
or nonprocessing business, including but not limited to stores, markets,
office buildings, restaurants and shopping centers. It shall also
mean all industrial establishments engaged in manufacturing or processing,
including but not limited to factories, mills and processing plants.
Placing out for collection all of the recyclable materials,
as designated by the Borough Council, in the same curbside collection
container for pick up by the Borough's contracted waste/recycling
hauler.
Events sponsored by public or private agencies or individuals,
including but not limited to fairs, bazaars, socials, picnics and
organized sporting events attended by 200 or more individuals per
day.
The end product from bacterial action on organic materials,
such as the aerobic or anaerobic decomposition of municipal solid
waste.
Organic waste which is capable of undergoing composting.
A microbial degradation of organic waste to produce a relatively
nuisance-free product of potential value as a soil conditioner.
Any individual, partnership or corporation or any other legal
entity whatsoever which is recognized by law as the subject of rights
and duties with whom the Borough shall enter into a contract for the
collection of refuse and bulk solid waste and/or recyclable materials.
It shall include the officers and directors of any corporation or
other legal entity having officers and directors.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The receptacle authorized by the Borough for the storage
and collection of recyclable materials.
A facility which processes or acts upon solid waste so as
to dispose of the material, including but not limited to a composting
facility, an incinerator, a resource recovery plant, a waste-to-energy
facility and a sanitary landfill.
A location established by the Borough or a private organization
for the receipt and temporary storage of recyclable materials.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The Solid Waste Management Act (35 P.S. §§ 6018.101
to 6018.1003), the Clean Streams Law (35 P.S. §§ 691.1
to 691.702), the Air Pollution Control Act (35 P.S. §§ 4001
to 4015), the Surface Mining Conservation and Reclamation Act (52
P.S. §§ 1396.1 to 1396.31), the Noncoal Surface Mining
Conservation and Reclamation Act (52 P.S. §§ 3301 to
3326), the Dam Safety and Encroachments Act (32 P.S. §§ 693.1
to 693.27) and any other state or federal statutes relating to environmental
protection or the protection of the public health, including statutes
adopted or amended after the effective date of this chapter.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. It does not
include wastes from industrial processing or manufacturing of food
products, bodies of dead animals or human or animal excrement (exclusive
of disposable diapers).
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, glass block, automotive glass, light bulbs, mirrors,
blue glass, porcelain and ceramic products.
All white paper, bond paper and computer paper used in residential,
commercial, institutional and municipal establishments.
The same meaning as defined in the Solid Waste Management
Act (35 P.S. § 6018.103).
Those facilities that house or serve groups of people, such
as hospitals, schools, churches, day-care centers, nursing homes and
group homes.
All batteries that contain lead, and shall include but not
be limited to automotive, truck and industrial batteries.
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not to include grass clippings.
A parcel containing more than four units. A unit is defined
as either a residential dwelling unit or commercial and/or institutional
tenant space.
Refuse, industrial, lunchroom or office waste and other material,
including solid, liquid, semisolid or contained gaseous material resulting
from operation of residential, municipal, commercial or institutional
establishments and from community activities.
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.
The Pennsylvania Department of Environmental Protection.
Any individual, firm, partnership, corporation, cooperative
enterprise, trust, federal institution or agency, state institution
or agency, municipality, other governmental agency or any other entity
or any group of such persons which is recognized by law and is subject
to rights and duties.
Post-consumer plastics recovered from products used and discarded
by the public. Due to the large variety of types of plastics, the
recycling regulations shall stipulate specific types of plastic which
may be recycled.
A collector or contractor awarded a contract to provide waste
collection and waste hauling and disposal services to residential,
municipal, commercial and/or institutional properties within the Borough
on a private contract basis, as approved by the Borough.
A plant, establishment, set of equipment or other operation
which processes, handles or otherwise modifies the materials provided
to it.
Those materials which may be processed or refabricated for
reuse and which are specified by the Borough for separation from municipal
solid waste. Such materials may include but shall not be limited to
materials listed in Section 1501 of Act 101.[1]
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as refuse, or the mechanized
separation and treatment of refuse (other than through combustion),
and the creation and recovery of reusable materials other than as
fuel for the operation of energy.
A facility established to receive, process, store, handle
and ship recyclable materials.
All solid wastes, and shall include but not be limited to
ashes, garbage, rubbish and bulk waste; except that refuse shall specifically
exclude human body wastes (exclusive of disposable diapers) and hazardous
waste, as defined by the Solid Waste Management Act (35 P.S. § 6018.103).
A watertight receptacle in which refuse is placed for storage
and collection, including a can, box, bucket, dumpster or plastic
bag intended for that use.
A one- or two-family dwelling, residential condominium and
multifamily dwelling residential complex of four dwelling units or
fewer per structure.
Any dwelling or that part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to three or more persons who are not husband or wife, son or daughter,
mother or father, sister or brother, or those standing in such relationships,
of the owner or operator.
Solid waste, exclusive of garbage (e.g., nonrecyclable glass,
metal, paper, plastic and noncompostable plant material, wood or nonputrescible
solid waste).
Uncontrolled or unauthorized removal of solid waste and recyclable
materials.
Waste, including but not limited to municipal, residual or
hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
Material that is separated from municipal solid waste at
the point of origin for the purpose of recycling. The term is limited
to recyclable materials listed in Section 1501 of Act 101.[2]
Empty steel or tin-coated steel food or beverage containers.
Public refuse and recycling containers located in parks and
other Borough property and on the sidewalks throughout the Borough.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. The term shall not include source-separated recyclable
materials or materials approved by PADEP for beneficial use.
A.
Establishing regulations. The collection of municipal
solid waste and recyclable materials by authorized collectors and
the preparation for collection of municipal solid waste and recyclable
materials by property owners, landlords and their agents, tenants
and any other occupants of premises within the Borough shall be made
in compliance with the regulations adopted by Borough Council to carry
out the intent and purpose of this chapter. Such regulations shall
be approved by resolution of the Borough Council and, when so approved,
shall have the same force and effect as the provisions of this chapter.
Said regulations may be amended, modified or repealed by resolution
of the Borough Council from time to time. The Code Enforcement Officer
shall enforce the provisions of this chapter. The Police Department
may assist the Code Enforcement Officer in the enforcement of the
anti-scavenging provisions.
B.
Licensing of collectors. Every person desiring to
engage in, to continue to engage in or hereafter to begin to engage
in the business of collecting, removing or hauling municipal solid
waste and/or recyclable material from any property within the Borough
shall first register with the Borough. Such registration shall be
for a period of one year beginning January 1 of the year in which
the registration occurs. All persons shall register by January 31
of each year. All licenses shall be issued for the calendar year or
such portion thereof as shall remain after the issuance thereof. There
shall be no reduction in the fee for a license issued after the beginning
of any calendar year.
C.
Standards for collection vehicles. The collection
equipment and transportation vehicles used for the collection of municipal
solid waste shall be of the closed metal body type with an automatic
compactor unit. Said vehicles shall at all times be in good and proper
mechanical condition and in compliance with the minimum safety and
sanitary regulations of the Commonwealth of Pennsylvania. All such
vehicles shall be specifically designed to prevent leakage of any
liquid or fluids. Other types of vehicles may be used only for the
collection of recyclable materials, bulk solid waste and collecting
and transporting dumpsters, provided that such items are separately
collected in accordance with other provisions of this chapter and
the regulations adopted hereunder. The municipal solid waste and recyclables
so collected shall be suitably enclosed or covered so as to prevent
roadside littering, attraction of vermin or the creation of other
nuisances. All collection equipment and transportation vehicles shall
be kept in a clean and sanitary condition.
D.
Collectors' insurance requirements. No person shall
be entitled to register with the Borough as a collector unless such
collector can show certificates of insurance covering public liability
for both bodily injury and property damage, owner's and contractor's
protective insurance and automobile insurance with respect to personal
injury and property damage. Such insurance shall be in amounts that
shall be established by resolution of the Borough Council. Each and
every policy of insurance required in this subsection shall carry
with it an endorsement to the effect that the insurance carrier will
convey to the Borough, by certified mail, written notice of any modifications,
alterations or cancellation of any such policy or policies or the
terms thereof. The above-mentioned written notice shall be mailed
to the Borough at least 10 days prior to the effective date of any
such modification, alteration or cancellation.
E.
Application and fee for collector's license. Application
forms for a collector's license shall be printed by the Borough and
made available at the Borough Office. At the time of registration,
the collector shall pay to the Borough the sum provided in the regulations
adopted hereunder established by resolution of the Borough Council.
F.
Application requirements for collector's license.
(1)
Every person who shall apply for a license under this
section shall, in applying therefor, state the type or types of refuse
or recyclable material that will be collected, the manner and place
of disposal for all such refuse and the location of the recycling
center for all collected materials under such license. Said applicant
shall describe the type or types of vehicles to be used for collection,
listing the make, model, year and license plate number; include a
certificate of insurance as aforementioned; and state the name of
the company, address, telephone number and the contact person responsible
for compliance with this chapter. No such license shall be granted
if the vehicle and/or manner and place of disposal of such refuse
and/or recycling center shall not conform in every respect to the
requirements of this chapter.
(2)
Authorized collectors shall not be required to collect
refuse from any residence where it is obvious that recyclable materials
have not been separated pursuant to the provisions of this chapter
and the regulations adopted hereunder.
G.
Antiscavenging provisions. Nothing in this chapter
shall be deemed to impair the ownership of separated recyclable materials
by the person who generates such material unless and until such materials
are placed at curbside or similar collection point for collection
by the Borough and/or its contractor. At that point, ownership of
refuse and recyclable materials set out for collection shall be vested
in the Borough. The person who generates such material shall be responsible
for ensuring that all material placed out for collection is kept in
the proper container(s) and/or does not create a nuisance up until
the time it is removed by the Borough and/or its contractor. It shall
be a violation of this chapter for any person, other than the occupants
of the premises on which the refuse receptacles or recyclable material
is stored, or the Borough and/or its contractor, to handle, take,
remove, collect or pick up or cause to be collected or picked up any
such recyclable material or refuse set out for collection. This shall
include street refuse and recycling containers. Each such occurrence
in violation hereof from one or more locations shall constitute a
separate and distinct offense. Unless licensed by the Borough to collect
recyclable material and/or refuse within the Borough or authorized
by the generator of such material, any person handling, taking, removing,
collecting or picking up or causing to be collected or picked up any
material placed at the curb or similar collection point shall be considered
to be scavenging and shall be subject to penalties as set forth in
this chapter. Any person may donate or sell recyclable material to
another person, provided that the person receiving the recyclable
material does not collect the donated or sold material from the curbside
or similar collection point on or the day before the scheduled day
of collection for recyclable materials by the Borough and/or its contractor.
H.
Performance grant money. Pursuant to Act 101, Section
904,[1] private or nonprofit enterprises may not directly receive
recycling program performance grants from PADEP but may receive grant
money through a written agreement with the Borough. The Borough may
include the materials generated at commercial, municipal and institutional
recycling operations in its recycling program. Said agreement shall
specify the arrangement for the pass-through of any performance grant
funds to the establishment.
[1]
Editor's Note: See 53 P.S. § 4000.904.
I.
Littering by collectors. No collector shall permit
or allow any outfallings from the conveyance of refuse or recyclable
material to lie upon any street, alley, sidewalk or other public area
or upon any private property in the Borough.
J.
Pickup by unlicensed collector. No person shall permit
any unlicensed collector to take any refuse or recyclable material
from premises owned or occupied by him.
K.
Collection and disposal of refuse by owners is prohibited except as otherwise authorized by the Borough Council. Refer to § 243-16 for an enumeration of authorized exclusions.
L.
Public information. Pursuant to Act 101, Section 1501(d),[2] the Borough shall establish a comprehensive and sustained
public information and educational program concerning the recycling
program features and requirements. At least 30 days prior to the initiation
of the recycling program and at least once every six months thereafter,
the Borough shall notify all persons occupying residential, commercial,
institutional and municipal premises within the Borough of the requirements
of this chapter. The Borough, in its discretion as it deems necessary
and appropriate, may place an advertisement in a newspaper circulating
in the Borough, post a notice in a public place where public notices
are customarily posted, include a notice with other official notifications
periodically mailed to property owners and residents or utilize any
combination of the foregoing.
[2]
Editor's Note: See 53 P.S. § 4000.1501(d).
[Amended 1-16-2013 by Ord. No. 2013-02]
A.
Gargage.
All garbage shall drained of liquid before being deposited for collection.
B.
Tree trimmings. Tree trimmings and branches will be collected by
the Public Works Department by appointment only. Christmas trees shall
be collected in accordance with the regulations adopted hereunder
by resolution of the Borough Council.
C.
Specifications for refuse containers.
(1)
No person shall use as a refuse container any receptacle that does
not meet the specifications of the regulations adopted hereunder by
resolution of the Borough Council. Each reusable refuse container
shall have handles for lifting. All refuse containers shall be maintained
in good condition with tight-fitting lids. Dumpsters are exempt from
the size and weight specifications for receptacles.
(2)
Each dumpster shall have a lid and/or door which completely covers
the opening to the dumpster. All lids and/or doors shall be kept in
good working condition and shall be kept closed at all times, except
when a person is in the act of placing material in the dumpster and/or
the dumpster is being emptied by an authorized collector. All drain
holes on dumpsters shall be kept closed, except when being cleaned.
If the dumpster is equipped with wheels, they shall be properly maintained
so the dumpster can be stored safely and/or moved for collection.
Roll-off type dumpsters with a capacity of 10 cubic yards or greater
shall not be required to have a lid.
(3)
Any receptacle which does not conform to the specifications herein
adopted or which may have ragged or sharp edges or any other defect
liable to hamper or injure the person collecting the contents thereof
or the general public shall be promptly replaced upon notice. Failure
to comply may result in refusal to collect the contents thereof or
the removal of the defective receptacle as refuse.
D.
Hours for placing refuse out for collection. No refuse, refuse containers
or bulk solid waste shall be set out for collection prior to 6:00
p.m. on the day preceding collection day, and no refuse, refuse containers
or bulk solid waste shall remain out after 10:00 p.m. on the day of
collection, except dumpsters.
E.
Number of refuse containers. It is the intent of this chapter that
a reasonable accumulation of refuse for each residence will be collected
each collection period. The frequency of collection and the number
of refuse containers allowed from each dwelling unit shall be established
by resolution of the Borough Council.
F.
Borough's right to deny collection.
(1)
The Borough or its contractor may refuse to collect any refuse which
does not conform to the provisions of this chapter and regulations
adopted hereunder. It shall be the responsibility of the generators
of the refuse or the owners of the premises thereof to arrange for
the proper disposal of any refuse not collected.
(2)
Highly flammable or explosive materials shall not be collected by
the Borough and/or its contractor.
(3)
Tires shall not be collected by the Borough and/or its contractor,
unless the Borough has been notified, in advance, and the requirements
established by resolution of the Borough Council pertaining to collection
of tires have been met.
G.
Infectious waste. No infectious waste will be collected by the Borough
and/or its contractor. Infectious waste shall be stored, transported
and disposed of in accordance with the appropriate federal, state
and local laws dealing with infectious waste.
H.
Littering.
(1)
No person shall place any refuse on any street, sidewalk, alley or
other public area or upon any private property, whether owned by such
person or not, within the Borough, except if it is stored in proper
receptacles for collection. No person shall throw or deposit any refuse
in any stream or other body of water.
(2)
Any unauthorized accumulation of refuse, hazardous waste and/or human
body waste on any premises is hereby declared to be a nuisance and
is hereby prohibited.
I.
Duty and responsibility of owners and occupants; maintaining property/premises in accordance with Solid Waste Ordinance. Any person who is the owner or occupant of any property/premises within the Borough of Downingtown shall be and is hereby required to maintain the property/premises and conduct preparation of refuse in accordance with this § 243-4A through H.
A.
Residential recycling. The following provisions apply
to the separation and collection of recyclable materials at residences:
(1)
Type of material to recycle. The Borough shall designate
at least three types of recyclable materials to be source-separated
from municipal waste generated at all residences. The Borough Council
shall designate by resolution adopted hereunder the materials to be
recycled.
(2)
Leaf waste. Leaf waste must be separated from other
municipal waste generated at all residences until collection, unless
those persons have otherwise provided for the composting of leaf waste.
The Borough will advertise the schedule for leaf waste collection
in a newspaper with a daily circulation. The Borough Council shall
designate by resolution adopted hereunder the method in which to place
leaf waste out for collection. Grass clippings are not recyclable
and shall be disposed of as refuse.
(a)
In accordance with the provisions of Act 101, it shall be unlawful
for any person to burn leaf and yard waste, or any other recyclable
material, for the purpose of disposal.
[Added 1-16-2013 by Ord. No. 2013-02]
(3)
Recycling containers. Recyclable materials shall be
placed at the same location on the curb or similar point of collection
designated for refuse containers, in accordance with the provision
of this chapter and the resolution adopted hereunder. Recyclable materials
shall be placed in separate, reusable curbside collection containers
which clearly identify the contents as recyclable materials; except
that newspaper and/or corrugated paper may be tied in bundles or placed
in paper bags, not to exceed 50 pounds. Such curbside collection containers
shall be provided by the Borough in accordance with the resolution
of Council adopted hereunder.
(4)
Hours for placing recyclables out for collection.
No recycling materials or curbside collection containers shall be
set out for collection prior to 6:00 p.m. on the day preceding collection,
and no recycling material or curbside collection containers shall
remain out after 10:00 p.m. on the day of collection.
(5)
Frequency of collection. Recyclable materials shall
be collected at least one day each month by the Borough and/or its
contractor. The frequency and schedule of collection shall be established
by resolution of the Borough Council. Leaf waste shall be collected
by the Borough and/or its contractor in accordance with the schedule
established annually by the Borough.
(6)
Proper use of containers. No person shall place municipal
solid waste in containers used for the separation and collection of
recyclables. No person shall place recyclable materials in containers
used for the separation and collection of municipal solid waste.
B.
Multiunit parcel and rooming house recycling. The
following provisions apply to the separation and collection of recyclable
materials at multiunit parcels and rooming houses:
(1)
Type of materials to recycle at multiunit parcels
and rooming houses. The Borough shall designate, in addition to leaf
waste, at least three types of recyclable materials to be source-separated
from municipal solid waste. The Borough Council shall establish by
resolution the materials to be recycled. Collection for those materials
other than leaf waste must be provided for at least one day each month.
(2)
Leaf waste. Leaf waste must be separated from all
other wastes and composted or placed at the designated location for
collection.
(3)
Landlord/owner requirements. Owners, landlords or
their agents shall establish a collection system for recyclable materials
at each property. The collection system must include suitable containers
for collecting and sorting materials, easily accessible locations
for the containers and written instructions to the occupants specifying
the use and availability of the collection system. Containers used
to store recyclable material for collection by the Borough and/or
its contractor shall be approved by the Borough.
(4)
Recycling notice. There shall be written instructions
to inform all employees and residents of the recycling program. Such
instructions shall include, at a minimum, instructions as to what
materials are to be recycled, how the materials are to be prepared
and how to use the collection system. Receptacles shall be clearly
marked with the recycling symbol and the type of recyclable material
to be placed in the receptacle.
(5)
Fire Code. Recyclable materials shall be stored in
accordance with State and Borough Fire Code regulations prior to collection.
C.
Commercial and institutional recycling. The following
provisions shall apply to the separation and collection of materials
at municipal, commercial and institutional establishments and community
activities:
(1)
Materials to recycle. Recyclable materials must be
source-separated from municipal waste and properly stored until collected.
Materials to be separated shall include, at a minimum: high-grade
office paper, aluminum, corrugated paper and leaf waste. The Borough
may designate other materials deemed appropriate for recycling. The
Borough Council shall designate by resolution any other recyclable
materials to be recycled. Collection of materials other than leaf
waste shall be provided at least one day each month. Containers used
to store recyclable material for collection by the Borough and/or
its contractor shall be approved by the Borough.
(2)
Leaf waste. Leaf waste shall be separated from all
other wastes and composted or placed at the designated location for
collection.
(3)
Community activities. Owners, operators or administrators
of establishments and sponsors of community activities shall provide
for collection, transportation, processing and marketing of recyclable
materials.
(4)
Containers at community activities. Recycling receptacles
at community activities shall be clearly marked with the recycling
symbol and shall indicate the type of recycling material to be placed
in the receptacle. Signs shall be prominently displayed indicating
the requirements of the recycling program.
(5)
Reuse of recyclables in manufacturing. Commercial
establishments which reuse recyclable materials as part of their manufacturing
or processing operations shall be exempt from recycling those items
being reused.
(6)
Exemption from recycling provisions. Pursuant to Act
101, Section 1501(c)(1)(iii),[2] persons occupying commercial, municipal or institutional
establishments may obtain an exemption from the Borough's recycling
ordinance and regulations under the following conditions:
(a)
If said person has otherwise provided for the
recycling of high-grade office paper, aluminum, corrugated paper,
leaf waste and other materials deemed appropriate by the Borough;
and
(b)
By submitting, at a minimum, an annual recycling
report to the Borough. This report shall document the amount of municipal
waste generated per year as well as the type and weight of materials
recycled in the previous calendar year. Valid documentation shall
include information from an end-use market, 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. 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.
[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 waste. Where materials 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.
[2]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).
The Borough may contract with an operator of
a landfill or resource-recovery facility to provide recycling services
in lieu of the curbside recycling program. The contract must ensure
that at least 25% of the waste received is recycled. The economic
and environmental impact of the proposed technology used for the recycling
shall receive prior approval from the PADEP.
The provisions of this chapter and the regulations
set forth by resolution of the Borough Council pertaining to recycling
shall not apply to materials that contain or come into contact with
infectious waste. These materials shall be subject to disposal in
accordance with federal, state and local laws.
Pursuant to Act 101, Section 304(f),[1] the Borough shall require the following persons to submit
a recycling report to the Borough, except that multiunit parcels,
municipal, commercial and institutional establishments and community
activities which have their recyclables collected by the Borough and/or
its contractor shall be exempt from submitting a recycling report.
The Borough and/or its contractor shall submit the required recycling
report for those persons. The report shall describe the type and weight
of the materials that were recycled during the period as set forth
by resolution of the Borough Council.
A.
The Borough's contractor.
B.
Owners, landlords or agents of owners or landlords
of multiunit parcels and rooming houses.
C.
Owners, operators or administrators of municipal,
commercial and institutional establishments.
D.
Sponsors of community activities.
[1]
Editor's Note: See 53 P.S. § 4000.304(f).
A.
Any person who violates or neglects to comply with any provision in § 243-5 of this chapter shall receive a written warning, sent by certified mail, return receipt requested, for the first offense. All notices shall be kept on file at the Borough office for a period of 365 days from the date on the notice. The second offense under the aforementioned section shall, upon conviction thereof before a District Justice, be punishable by a fine not to exceed $25; the third offense not to exceed $50; and the fourth and each succeeding offense during the seven-year period following the written notice shall not exceed $100. The continuation of such violation for each successive day may constitute a separate offense, and the person or persons allowing or permitting the continuation of said violation may be punished as provided above for each separate violation, and in default of any fine so imposed, shall be incarcerated in the county prison for a period not to exceed 10 days for each violation.
B.
Any person who violates § 243-3G of this chapter or any person who knowingly commits, takes part or assists in any such violation shall, upon conviction thereof before any District Justice, be punishable by a fine not to exceed $600 for each separate violation at each property, together with costs of prosecution for each violation, and in default of any fine so imposed, shall be incarcerated in the county prison for a period not to exceed 30 days for each violation.
C.
Notice.
(1)
Whenever the Code Enforcement Officer of the Borough observes a property which is in violation of any provision of § 243-4A through I of this chapter, the officer shall give notice to the property owner, and such notice shall contain the following:
(a)
The address of the property in violation and
the name of the owner.
(b)
A statement that the property is in violation,
specifying the existing violation.
(c)
Direction that this chapter be complied with
and the offending violation be corrected.
(d)
Notice that if the violation is not corrected
within three days of service of the notice, that a citation will be
issued.
(e)
The signature and printed name of the officer
observing the violation.
(2)
No notice to the property owner shall be required
when to give such a notice is impractical and/or such delay of enforcement
would impair the health, safety and welfare of residents of the Borough
of Downingtown.
D.
Any person who shall be convicted before a District Justice for violating or failing to comply with any other provision of this chapter or any regulation adopted by resolution of the Borough Council hereunder not specifically set forth in Subsection A or B of this section shall be punishable by a fine of not more than $300, together with costs of prosecution for each violation, and, in default of any fine so imposed, shall be incarcerated in the county prison for a period not to exceed 30 days for each violation.
Fees for the collection and disposal of ashes,
garbage, rubbish, refuse, and recyclables within the Borough of Downingtown
shall be paid in accordance with a fee schedule adopted by resolution
of the Borough Council. Such schedule may be revised, as necessary,
by resolution of the Borough Council.
The Borough Council shall appoint a person to
collect such charge. The Borough Director of Administration and Finance
shall be designated as the present collector.
A.
All accounts shall be due and payable as provided
for by the Borough Council and, for any bill which remains unpaid
for 30 days from the time of billing, said account shall be considered
delinquent and further service may be refused without further notice.
The stoppage of service may be made as an additional remedy by the
Borough and in no way shall excuse payment of past delinquency or
future payments. The owner of the premises served shall be billed
and responsible for the payment thereof.
B.
For nonpayment, the Borough shall have the remedy
of suing and any other remedy allowed by law.
Billing shall be as follows:
A.
All residential dwellings and multiunit parcels up
to and including four units and all condominiums shall be billed quarterly.
Each residential unit of a multiunit parcel shall be billed at the
rate established for residential collection by resolution of the Borough
Council.
B.
Each residential unit of a multiunit parcel shall
be billed at the rate established for residential collection by resolution
of the Borough Council.
[Amended 1-16-2013 by Ord. No. 2013-02]
C.
All persons affected by this chapter shall be responsible
for payment at required times, regardless of whether a bill is received.
A penalty of 10% shall be imposed 30 days after
the billing date.
All residential single-family dwelling units,
rooming houses and multiunit parcels with up to and including four
units and all condominiums are required to comply with the provisions
of this chapter, whether their refuse is placed out for collection
or not, and may not be excluded from the payment of said fees for
refuse collection and disposal services as provided to those units
by the Borough of Downingtown. An exclusion from this exists for contiguous
parcels, having up to and including four units within each parcel,
owned by the same individual(s). In the case of contiguous parcels
owned by the same individual(s), the owner may privately contract
for a hauler to collect refuse and recyclable materials from the contiguous
parcels; however, the owner shall still observe the rules and regulations
set forth in this chapter, including, but not limited to, notifying
the Borough annually, in writing, as to their chosen hauler.
In addition to any penalties set forth herein
and all actions in law or equity allowable by the laws of the Commonwealth
of Pennsylvania, any person or corporation violating any of the terms
of this chapter shall be guilty of a summary offense, and a proceeding
may be brought before a District Justice for the violation of the
same. A fine of not more than $1,000, together with the costs of prosecution,
shall be imposed by the District Justice upon the finding of guilty,
and, in lieu of payment thereof, a sentence of not more than 30 days
shall be imposed to be served in the Chester County Farm Prison.