Borough of Moosic, PA
Lackawanna County
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Table of Contents
Table of Contents
[Adopted 5-14-2013 by Ord. No. 9-2013[1]]
[1]
Editor’s Note: This ordinance also repealed former Art. I, Recycling, adopted 9-8-1987 by Ord. No. 13-1987, as amended.
This article shall be known as the "Borough of Moosic's Recycling Ordinance."
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
BIMETALLIC CONTAINERS
Empty food or beverage containers of steel and aluminum.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than six dwelling units.
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 steel food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products.
HAULER
Any person and/or company who collects within the Borough of Moosic any recyclable materials.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, such as hospitals, schools, day-care centers and nursing homes.
LEAD-ACID BATTERIES
Include but are not limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings 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.
MULTIFAMILY HOUSING PROPERTIES
Any properties having six or more dwelling units per structure.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the municipality and other governmental and quasi-governmental entities.
MUNICIPALITY
The Borough of Moosic.
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.
PERSON(S)
Owners, lessees and occupants of residential dwellings, commercial or institutional establishments and shall include individuals and business entities.
PLASTIC CONTAINERS
Empty plastic food and beverage containers and detergent containers.
POSTCONSUMER MATERIAL
Any product generated by a business or consumer which has served its intended use and which has been separated or diverted from solid waste for the purposes of collection, recycling and disposition. The term includes industrial by-products that would otherwise go to disposal or processing facilities. The term does not include internally generated scrap that is commonly returned to industrial or manufacturing processes.
RECYCLABLE MATERIALS
Source-separated recyclable materials, including materials listed in Section 1501 of Act 101,[1] and materials identified by the municipality to be recycled.
RESIDENTIAL DWELLINGS
Any occupied single-family or multifamily dwelling having up to six dwelling units per structure for which the municipality provides municipal waste collection service.
SMALL COMMERCIAL ESTABLISHMENTS
Businesses within the Borough of Moosic employing 15 or less individuals.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated from municipal waste at the point of origin for the purpose of recycling. The term is limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, plastics and other marketable grades of paper.
WASTE
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.
[1]
Editor's Note: See 53 P.S. § 4000.1501.
A. 
There is hereby established in the Borough a recycling program in conformity with Section 1501(c) of the Municipal Waste Planning, Recycling and Waste Reduction Act,[1] requiring the separation of materials, storage and collection thereof as follows:
[1]
Editor's Note: See 53 P.S. § 4000.0501(c).
B. 
Each occupant or owner of a Residential Dwelling, which municipal waste is collected by the Borough or under a contract by its designated agent, shall separate, store and prepare for collection the following items; provided that the items listed in the subsections below shall not be combined with regular municipal waste, but the items contained in each subsection may be commingled with the other items in said subsection:
(1) 
Containers. The following items shall be separated from other refuse. They shall be rinsed and cleaned of particles and labels removed and stored in separate container.
(a) 
Glass containers.
(b) 
Aluminum cans.
(c) 
Ferrous containers.
(d) 
Bimetallic cans.
(e) 
Plastic containers.
(2) 
Paper products.
(a) 
Newspapers.
(b) 
Magazines and periodicals.
(c) 
Cardboard.
(d) 
High-grade office paper.
(3) 
Brush and tree branches.
(a) 
Brush.
(b) 
Tree branches.
(c) 
Grass clippings.
(d) 
Leaf waste.
[1] 
Brush and tree branches shall be tied in bundles not to exceed three feet in length and four inches in diameter and of sufficient size and weight (not to exceed 50 pounds) to be handled by one person.
A. 
Each commercial and institutional establishment and commercial activity shall separate and store until collection in receptacles separate from those used for municipal waste, the following materials: high-grade office paper, cardboard, aluminum cans, bimetallic cans, plastic containers and corrugated paper; and may recycle other materials listed elsewhere in this article.
B. 
Each commercial and institutional establishment shall provide the Borough with written evidence of compliance herewith and provide the Borough on January 30 of each year the tonnage collected for the prior year.
C. 
The Borough of Moosic shall supply any and all reporting forms at least by December 30 of each year and upon request of the owner of a commercial and institutional establishment.
D. 
Any hauler which collects recyclable materials from any commercial and/or institutional activity located within the Borough of Moosic will keep records as to the types of recyclable, amount of material collected, the amount by weight of the material collected and the location or place where said recyclable material was sent for recycling.
E. 
Any hauler which collects recyclable materials from any commercial and/or institutional activity located within the Borough of Moosic shall be required to register with the Borough of Moosic.
F. 
The Borough is authorized to establish a registration fee for a hauler when registering and such fee will be set by resolution.
A. 
Each and every small commercial establishment located within the Borough of Moosic shall be allowed to participate in the Borough's small commercial establishment recycling program.
B. 
Any small commercial establishment wishing to partake in said program shall file an application with the Borough of Moosic setting forth the name and address of the business and the type of material that the Borough of Moosic will be recycling.
C. 
The initial charge for said recycling by the Borough of Moosic shall be $120 per year payable with the application.
D. 
If the Road Commission determines that the amount of recyclable material collected from any one small commercial establishment is excessive in quantity the Borough shall determine a specific rate based on weight collected and time involved.
E. 
The Borough can at any time cease collection from a small commercial establishment if the Road Commission determines that the volume of material collected and time involved places a burden on the Borough. Before terminating collection under this Subsection E, the Borough shall send notice to the owner and allow him the opportunity within 10 days of receipt of said notice to meet with the Borough relative to the termination of service.
All municipal establishments shall separate, store and place for collection by the Borough or other authorized agent as scheduled, the following materials in approved receptacles, separate from municipal waste: high-grade office paper, aluminum cans, corrugated paper, newspaper and leaf waste.
A. 
Each occupant or owner of Multi-family Housing Properties shall separate, store and prepare for collection the following:
(1) 
Containers. The following items shall be separated from other refuse. The following shall be rinsed and cleaned of particles and labels removed and stored in a separate container, but the items listed under this section may be commingled:
(a) 
Glass containers.
(b) 
Aluminum cans.
(c) 
Ferrous containers.
(d) 
Bimetallic can.
(e) 
Plastic containers.
(2) 
Paper products.
(a) 
Newspapers.
(b) 
Magazines and periodicals.
(c) 
Cardboard.
(d) 
High-grade office paper.
B. 
The collection thereof shall occur not less often than once per month.
C. 
Each owner of multifamily housing shall provide the Borough with written evidence of compliance herewith and provide the Borough on January 30 of each year the tonnage collected for the prior year.
D. 
The Borough of Moosic shall supply any and all reporting forms at least by December 30 of each year and upon request of the owner of a multifamily housing property.
All persons whose municipal waste and/or recyclable materials are collected by the Borough of Moosic shall comply with the following provisions:
A. 
Trash and debris shall be placed in metal or heavy-duty plastic containers, boxes or plastic bags secured by a lid or securely tied with a total weight not to exceed 50 pounds.
B. 
Large nonmetal items such as furniture, rugs and mattresses may be picked up by the Borough at times scheduled in regulations adopted by the Borough.
C. 
Receptacle requirements. All receptacles required herein shall be supplied by the occupant or owner of the premises and placed prior to collection between the curb and sidewalk where they shall be readily accessible to the collector. The occupant or owner shall keep all receptacles clean and in condition for safe handling. Receptacles or other items to be disposed of shall be placed outside after 6:00 p.m. of the day immediately preceding the day of collection. After collection any empty containers shall be moved from curbside promptly but not later than 7:00 p.m. of the day of collection.
A. 
The following items are hereby prohibited from being included in municipal waste for pickup by the Borough of Moosic:
(1) 
Lead-acid batteries.
(2) 
Any type of batteries.
(3) 
Tires.
(4) 
Any type of electronic product or equipment.
(5) 
Any type of liquid.
(6) 
Any type of paint.
(7) 
Propane tanks or gas tanks.
(8) 
Any type of syringes and/or needles.
(9) 
Any other item that the collector determines is not allowed to be deposited in a landfill or is a danger to the individuals collecting said product.
B. 
Paint cans can be deposited in municipal waste, provided that it is mixed with cat litter and allowed to harden.
C. 
No person shall dispose of lead acid batteries with municipal waste or other recyclables. Such batteries shall be delivered to an approved recycling center or to the retailer of origin or exchanged at the time a new one is purchased.
All municipal solid waste and recyclable materials placed by any resident for collection by the Borough pursuant to this article or regulations hereunder shall immediately become the property of the Borough, unless another collector has been authorized by the owner to make collection and the Borough is told in writing of such provision and no objection is made. Each unauthorized collection from a residence in violation shall constitute a separate offense, punishable as hereinafter provided.
A. 
The Code Enforcement Officer, any police officer or health officer are authorized to enforce this article and regulations enacted thereunder.
B. 
Any person who violates any provision of this article shall upon conviction, be sentenced to pay a fine of not more than $600 per violation and costs.
C. 
The Borough reserves the right not to collect municipal solid waste containing recyclable material in combination with nonrecyclables.
D. 
To encourage recycling, other collectors authorized to receive recyclables may pass on to persons recycling a part of any moneys received from the sale of the same or may establish other incentives not prohibited by law. Those who recycle with the Borough will benefit by less refuse going to the landfill and smaller tipping fees.
The Borough shall utilize the personnel and equipment of the Borough to collect recyclables. All recyclables shall be sent pursuant to contract to the Lackawanna County Recycling Center. No other person shall collect recyclables from eligible residents without the prior written approval of the Borough. If the Center is not available, then the appropriate officials of the Borough are hereby authorized to seek bids, negotiate and enter into agreements to dispose of recyclables until such time as the Center is available. Recyclables collected by other collectors shall be taken to a recycling facility. No person shall dispose of recyclables or municipal waste by incineration or in landfills.
A. 
The appropriate officials of the Borough of Moosic are hereby authorized to promulgate regulations consistent with this article and Act 101[1] to implement this article and set schedules for collection.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B. 
The appropriate officials of the Borough of Moosic are hereby authorized to promulgate regulations allowing for the commingling of recyclables if such is allowed and authorized by the Lackawanna Recycling Center.
Nothing herein is intended to restrict existing recycling operations which existed in the Borough of Moosic on or before the effective date of this article. Such operation must inform the Borough in writing of the annual number of tons of recyclable materials recycled by type.
The Borough of Moosic will use the following approaches in its public information and education program:
A. 
The Borough will include in its semiannual newsletter information relating to recycling.
B. 
Businesses will be contacted by mail or personally with informational material and audit forms.
C. 
Information and education will also take place in partnership with the Lackawanna County Recycling Education Program.
D. 
In addition to posting information in the newsletter, information will be disseminated to the public either through newspaper, radio or television announcing recycling schedules.
E. 
The Borough will include in its newsletter information relating to recycling.
F. 
The Borough will also include information on its website relative to recycling.