This chapter shall be known and may be cited as the "Kutztown recycling
program" of the Borough of Kutztown.
The following words and phrases used throughout this chapter shall have
the following meanings:
ACT 101
The Municipal Waste Planning, Recycling, and Waste Reduction Act
of 1988, 53 P.S. § 4000.101 et seq.
BIMETAL CANS
Empty food or beverage cans consisting of steel and aluminum.
BOROUGH
The Borough of Kutztown, Berks County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Kutztown, Berks County, Pennsylvania.
BOROUGH MANAGER
The Manager of the Borough of Kutztown, Berks County, Pennsylvania.
BOROUGH YARD WASTE DUMPSTER
The containers located at the Borough yard waste depot designated
as such for the deposit of leaf waste and grass clippings.
COLLECTOR
The entity or entities authorized by the Borough Council to collect
recyclable materials from residences, commercial establishments, and municipal
establishments within the Borough.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals
that include, but are not limited to, fairs, bazaars, socials, picnics, shows,
and organized sporting events attended by 100 or more individuals per day.
DESIGNATED RECYCLABLE MATERIALS
Those materials specified by the Borough Manager, or his designated
agent, to be source separated and placed for collection by a collector.
GLASS CONTAINERS
Empty bottles and jars made of clear, green, or brown glass. Expressly
excluded are drinking glasses, plate glass, automotive glass, light bulbs,
blue glass, porcelain, ceramic, and glass plates and dishes.
GRASS CLIPPINGS
The material and debris that is cut in the process of lawn care and
maintenance.
HIGH GRADE OFFICE PAPER
All white paper, bond paper, and computer paper used in residential,
commercial, institutional, and municipal establishments.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including,
but not limited to, hospitals, schools, nursing homes, and day-care centers.
LEAD ACID BATTERIES
Include, but are not limited to, automotive, truck, and industrial
batteries that contain lead.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar
material, but specifically excluding grass clippings. For purposes of this
chapter, "leaf waste" shall also mean "yard waste."
MIXED PAPER
Mail, folders, clean unwaxed food packaging and telephone books.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, waste or other material, including solid, liquid,
semi-solid or containing gaseous material, resulting from operation of residential,
commercial, municipal, or industrial establishments and from community activities
and any sludge not meeting the definition of residual or hazardous waste in
the Solid Waste Management Act from a municipal, commercial, or institutional
water supply treatment plant, wastewater treatment plant or air pollution
control facility. The term does not include designated recyclable materials.
NEWSPAPERS
Paper of the type 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.
PERSON(S)
Owners, lessees, and occupants of residences and commercial, municipal
and institutional establishments.
PLASTIC CONTAINERS
Plastic beverage containers constructed of PET or HDPE material.
For the purposes of this chapter, "plastic containers" shall only refer to
soda, water, milk, and detergent containers constructed from PET or HDPE material.
Containers used to hold and store motor oil and bleach are specifically excluded
from the term "plastic containers."
RECYCLABLE MATERIALS
Those materials capable of being separated, collected, processed,
recovered, or reused as part of a recycling program.
RECYCLING
The separation, collection, recovery and sale or reuse of metals,
glass, paper, yard waste, and other materials which would otherwise be disposed
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 multifamily dwellings for which the Borough
provides municipal waste collection service.
SOURCE SEPARATE
The process of separating designated recyclable materials at the
point of origin by color and/or composition and storing the same in separate
containers for the purpose of being placed for collection.
SUSTAINED EDUCATION PROGRAM
The ongoing effort, of at least two annual publications, of the Borough of Kutztown to inform the general public concerning the requirements of this Chapter
172.
WASTE
A material whose original purpose has been completed and which is
directed to a disposal or processing facility or is otherwise disposed.
No part or parts of this Chapter
172 shall prohibit any person(s) from source separating, collecting and recycling any recyclable materials, recycling the same and collecting any revenues generated therefrom. However, any person(s) within the Borough engaging in their own private recycling program must comply with the following:
A. Such person(s) must recycle, at a minimum, all designated
recyclable materials, yard waste and grass clippings;
B. All such recyclable material must be deposited at a recycling
center approved as such by the Pennsylvania Department of Environmental Protection;
and
C. Such person(s) must annually provide written documentation
of the type of material(s) recycled and the total number of tons of each recycled
to the Borough.
Any person that fails to take corrective action upon a notice of violation
shall, upon conviction for such violation, pay a fine of not less than $50
nor more than $600, and in default of such payment shall be imprisoned in
the Berks County Prison for a period not exceeding 30 days.
Any person aggrieved by a notice of violation or by any rules or regulations adopted pursuant to this Chapter
172 may appeal the same to the Borough of Kutztown Code Appeals Board pursuant to the provisions of Chapter
12 of the Code of the Borough of Kutztown.