[HISTORY: Adopted by the Council of the Borough of Punxsutawney as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-12-1991 by Ord. No. 962]
The short title of this article shall be the "Borough of Punxsutawney Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article shall have the following meanings:
- All empty aluminum beverage or food cans.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of steel and aluminum.
- The Borough of Punxsutawney, Jefferson County, Pennsylvania.
- The entity or entities authorized by the Borough to collect recyclable materials in the Borough.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial or industrial purposes.
- 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,
- DESIGNATED RECYCLABLE MATERIALS
- Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Borough and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. The designated recyclable materials selected by the Borough may be revised from time to time by municipal resolution.
- GLASS CONTAINERS
- Empty bottles and jars made of glass, of the colors specified in the recycling regulations. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper and computer paper.
- INSTITUTIONAL ESTABLISHMENTS
- Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
- LEAD ACID BATTERIES
- Includes but is not limited to automotive, truck and industrial batteries that contain lead.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residues, 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 more than four dwelling units per structure.
- MUNICIPAL ESTABLISHMENT
- Public facilities operated by the Borough and other governmental and quasi-governmental authorities.
- MUNICIPAL WASTE
- Any garbage, refuse or industrial lunchroom or other material, including solid, liquid, semisolid or contained gaseous materials resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act, as amended and supplemented, 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 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. Expressly excluded are newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included in newspapers.
- Owners, lessees and occupants of residences and commercial, municipal and institutional establishments, whether individuals or any other type of legal entity.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials, which would otherwise be disposed or processed as municipal waste (other than through combustion), and creation and recovery of reusable materials.
- Any occupied single-family or multifamily dwelling having up to and including four dwelling units per structure.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- STEEL CONTAINERS
- Empty all-steel food or beverage containers.
- A 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 or material approved by the Pennsylvania Department of Environmental Resources for beneficial use.
The Borough of Punxsutawney hereby establishes a recycling program for the mandatory separation and collection of designated recyclable materials and the separation, collection and composting of leaf waste from all residences and all commercial, municipal and institutional establishments located in the Borough. Collection of the designated recyclable materials shall be made at least twice per month by the Borough, its designated agent or any other collectors operating in the Borough and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program. No collector shall be licensed by the Borough for the collection of designated recyclable materials unless that collector also is collecting and disposing of municipal waste. No separate license shall, however, be required, but any currently licensed collector of municipal waste shall no longer be permitted to collect and dispose of the same without concurrent collection of designated recyclable materials.
[Amended 7-13-2009 by Ord. No. 1092]
Specific program regulations are provided as an attachment to this article. The Borough Council of the Borough of Punxsutawney is empowered to make changes to such program regulations as necessary, as described in § 187-10. Subsequent changes in the program regulations may be made through approval of the Borough Council of the Borough of Punxsutawney and public notice and notification to all affected parties.
Residential. All persons who are residents of the Borough shall separate all designated recyclable materials from all other municipal waste produced at their homes, apartments and other residential establishments, shall store such materials for collection and shall place the same for collection in accordance with the guidelines established hereunder.
Persons in residences must separate designated recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided for collection by the Borough or its designated agents or any other collectors operating in the Borough and authorized to collect recyclable materials and shall be stored until collection. Any containers provided to residences for collection of recyclable materials shall be the property of the Borough or its designated agents or collectors, as aforesaid, and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Borough shall be responsible for returning the allocated container(s) or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this article.
An owner, landlord or agent of an owner or landlord of a multifamily rental housing property with more than four units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this article shall not be liable for noncompliance of occupants of their buildings.
If recyclable materials are collected by a collector other than the Borough or its authorized agents or collectors, as aforesaid, owners, landlords and agents of owners or landlords shall submit an annual report to the Borough reporting the tonnage of materials recycled during the previous year.
Leaf waste. All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting leaf waste. Backyard composting is encouraged.
Commercial, municipal and institutional establishments.
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated in the recycling regulations generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. A person may be exempted from this subsection if that person submits written documentation to the Borough annually indicating that the designated recyclable materials are being recycled in an appropriate manner.
If recyclable materials are collected by a collector other than the Borough or its authorized agents or collectors, as aforesaid, occupants of said establishments shall submit an annual report to the Borough documenting the tonnage of materials recycled during the previous year.
All recyclable materials placed by persons for collection by the Borough, its agents or authorized collectors pursuant to this article shall, from time of placement at the curb, become the property of the Borough, its agents or the authorized collector. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
No person, firm or corporation shall collect source-separated recyclable materials from the collection point of residences and commercial, municipal and institutional establishments without written authorization from the Borough to collect recyclables in the Borough. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment may donate or sell designated recyclable materials to any person, firm or corporation, whether operating for profit or not.
No person, firm or corporation shall be permitted to collect refuse from residences in the Borough unless that person, firm or corporation also provides its customers a service to collect and recycle source-separated recyclable materials according to regulations adopted by Borough Council. Failure of a Borough-licensed collector to provide recycling collection from its residential customers shall be a violation of this article, punishable by fine and/or revocation of license.
Disposal by persons of designated recyclable materials with wastes is prohibited and shall be a violation of this article. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited unless markets do not exist and the collectors or operators have notified the Borough Council in writing.
The Borough Council is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article as deemed necessary, including but not limited to:
Designating recyclable materials to be separated for collection and recycling by residences and additional recyclable materials to be separated by commercial, municipal and institutional establishments, and establishing preparation requirements for recyclable materials.
Establishing collection procedures for designated recyclable materials.
Establishing procedures for reporting recycling systems and amounts of materials recycled at multifamily properties and at commercial and institutional establishments and community activities.
Establishing procedures for the distribution, monitoring and collection of recyclable materials storage containers.
Establishing procedures and rules for the collection of leaf wastes.
Establishing refuse collector license requirements regarding recycling.
Establishing procedures for authorizing persons, firms and corporations to collect source-separated recyclable materials.
Any person, firm or corporation who shall violate the provisions of this article or the regulations promulgated hereunder shall receive an official written warning of noncompliance for the first and second offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
Except as hereinafter provided, any person, firm or corporation who shall, as a third or subsequent offense, violate any of the provisions of this article or the regulations promulgated hereunder shall, upon conviction, be sentenced to pay a fine of not less than $25 nor more than $300 and costs of prosecution for each and every offense.
The Borough reserves the right not to collect municipal waste containing designated recyclable materials mixed with the nonrecyclable waste, and the Borough also reserves the right to instruct or permit its authorized waste collection agent or agents not to collect municipal waste containing designated recyclable materials mixed with the nonrecyclable waste.
The Borough may enter into an agreement or agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from the curbside.
[Adopted 8-12-1991 by Res. No. 91-7]
The provisions of this article are expressly intended as regulations of the Borough of Punxsutawney for the implementation of its recycling program, and these regulations shall be attached to and are hereby made a part of the Borough of Punxsutawney Recycling Ordinance until such time, if any, as they are amended by further resolution of the Borough Council. In addition to said Recycling Ordinance, these regulations will govern the Borough of Punxsutawney Recycling Program as empowered by § 187-3B of the Borough of Punxsutawney Recycling Ordinance.
Residential. Pursuant to the provisions of § 187-10A of the Borough of Punxsutawney Recycling Ordinance, the following are expressly designated as the Borough's recyclable materials from residences, all of which are defined in said Recycling Ordinance:
Commercial, municipal and institutional. Pursuant to the provisions of § 187-10A of said Recycling Ordinance, the following are expressly designated as recyclable materials from commercial, municipal and industrial establishments and from community activities, all of which are defined in said Recycling Ordinance and all of which are in addition to the aforesaid designated recyclable materials from residences:
Leaf waste. In addition to the foregoing, all persons, firms or other entities, whether residential, commercial, municipal or institutional, must separate leaf waste, as defined in said Recycling Ordinance, from other municipal waste unless those persons, firms or other entities have otherwise provided for composting leaf waste. Backyard composting by residents, if possible, is the optimal technique and is encouraged, but if backyard composting is not feasible, then leaf waste must be collected, bagged in paper and deposited at curbside for collection and disposal by the Borough, its agents or designated collectors on dates to be publicly advertised sufficiently in advance of collection.
All persons, firms or other entities desiring to act as collectors of designated recyclable materials in the Borough must first obtain a license from the Borough in full compliance with the requirements of all existing ordinances and with any other requirements which the Borough Council might, from time to time, enact by ordinance or resolution. Any collector so licensed must collect both designated recyclable materials and waste. Provision shall be made for collection of waste on not less than a weekly basis, and collection of designated recyclable materials, exclusive of leaf waste, shall be provided for on the established collection day of each week for each customer. Each collector must notify the customer as to the collection schedules and must provide the Borough, by March 30, June 30, September 30 and December 30 of each year, a listing of each collection account and the day or days of the week for collection of waste and designated recyclable materials from each account. Each report must be prospective, i.e., the report due March 30 shall provide the schedules of collection through June 30, etc. The collectors must also notify the Borough by the 15th of each month as to those persons from whom they collect who, during the preceding month, failed to comply with the Borough of Punxsutawney Recycling Ordinance and shall fully cooperate with Borough officials in the enforcement and prosecution of violators, including the providing of sworn testimony at hearings. The listing shall be in the following format and order: avenue or street (alphabetical order), ascending house number, owner name, waste collection day and recycling collection day.
[Amended 7-13-2009 by Ord. No. 1092]
In storing designated recyclable materials, each person shall, of course, separate the same from ordinary municipal waste. However, designated recyclable materials need not be segregated from other designated recyclable materials. For example, aluminum may be placed in the same recycling container with bimetal containers and clear and colored glass. In addition, metal caps and rings need not be removed. Recycling containers containing designated recyclable materials shall not, however, be placed at the curb more than 24 hours prior to scheduled collection. Also, although cans and containers must be cleaned of contents, labels need not be removed, cans need not be flattened, and glass need not be crushed.
Although service for the curbside collection and disposal by collectors of designated recyclable materials will be provided at least once per week concurrent with their respective municipal waste collection schedules, all persons required by the aforesaid Recycling Ordinance and these regulations shall place their designated recyclable materials, with the exception of leaf waste, at curbside not less than two times per month.
[Amended 7-13-2009 by Ord. No. 1092]
For purposes of the Borough of Punxsutawney Recycling Ordinance and these regulations and for purposes of complying with disposal of refuse or municipal waste, every person shall place refuse and recycling containers at curbside at ground level, and the same shall be made readily accessible to the collector for collection. As near as practical and taking into consideration traffic safety factors, containers should generally be placed alongside the widest street adjoining the premises from which collection is to be made so as to facilitate ease of collection, traffic flow and traffic safety.
No designated recyclable material, except for leaf waste as hereinafter provided for, shall be disposed of by a licensed collector unless at an appropriate receiving site in order to minimize costs and to assure that recyclables are marketed and reused, thereby preserving the environment.
All fees and payments due for collection of refuse, municipal waste and designated recyclable materials shall be a matter of private agreement with the collector.
In compliance with the provisions of § 187-4B of the Borough of Punxsutawney Recycling Ordinance, leaf waste must be separated from all other municipal waste unless persons have otherwise provided for composting. If backyard composting is not feasible, then leaf waste must be bagged in paper and deposited at curbside for collection and disposal by the Borough, its agents or designated collectors. Storage of leaf waste for collection and disposal in plastic bags or containers other than paper bags which shall be made available for purchase is expressly prohibited. As storage, collection and disposal of leaf waste is seasonal, a full schedule will be established by the Borough and publicly advertised sufficiently in advance to facilitate collection. Backyard composting is, however, considered to be the optimum technique for disposal of leaf waste and is highly recommended. Disposal of leaf waste after collection shall be at a composting or land application facility approved by the Pennsylvania Department of Environmental Resources.
Penalties for violation of the Borough of Punxsutawney Recycling Ordinance and these regulations are as set forth in said Recycling Ordinance. In addition to said penalties as provided, collectors must establish an incentive program to encourage complete participation in the recycling program, with such incentive program including, at a minimum, periods of free collection service to customers who regularly recycle in compliance with the provisions of said Recycling Ordinance and these regulations and with such incentives to be awarded at least monthly on a random-drawing basis among customers.
At least 30 days prior to the effective date of the Borough of Punxsutawney Recycling Ordinance, the Borough shall cause to be delivered to all residences, commercial, municipal and institutional establishments within the municipality an informational pamphlet which will provide, at a minimum, the effective date of the Recycling Ordinance, the designated recyclable materials, collection date information and penalties and incentives. In addition, the Borough shall utilize local news media to publicize the requirements of the Recycling Program and to encourage in a positive fashion full participation in the program to reduce collection costs and protect the environment.
Thereafter, the Borough will maintain a sustained public education and informational program about recycling in full compliance with the requirements of Act 101. This will include mailing the same type of information as above, as well as any changes implemented, to all persons occupying residential, commercial, municipal and institutional premises within the Borough at least once every six months. Public notices will also be posted at the Borough offices, and permission will be sought to post such notices at the Punxsutawney Memorial Library and the Punxsutawney Area Schools.
Editor's Note: See 53 P.S. § 4000.101 et seq.
In summary, the Borough will seek to achieve two goals: to create and maintain an interest in recycling and a willingness to recycle and to explain to residents how to participate. To achieve these objects, all informational material will provide the telephone number of the Borough office so that questions can be answered.
Sufficient containers for the purposes of storing and collection of designated recyclable materials shall be provided to each customer obligated to recycle pursuant to the provisions of the Borough of Punxsutawney Recycling Ordinance. Such containers will be provided by the collector and shall become and remain the property of the collector, except as hereafter provided. Each person provided with a container or containers for storage and collection of designated recyclable materials shall be responsible to the collector furnishing the same for the care and return of the same and for the cost of any replacement.
The Borough shall provide all assistance reasonably possible to obtain grant funds from Pennsylvania Department of Environmental Resources to reimburse the collectors for the cost of providing the necessary containers. Notwithstanding the provisions of Subsection A hereof, should the Borough obtain grant funds and reimburse collectors for the cost of said containers, then said containers shall become the property of the Borough, and persons shall be responsible to the Borough for the care and return of the same and for the cost of any replacement.
All licensed collectors shall cooperate fully with the Borough in the reporting and prosecution of violations pertaining to loss, damage and unauthorized use of such containers. Such reporting shall be included in the monthly report specified in § 187-15A hereof, and such cooperation shall include testimony at any hearings related to prosecution of violations. The Borough shall likewise cooperate with the collectors as to the same.
In addition to the reporting requirements set forth previously, it is expressly recognized that Act 101 requires the Borough to annually report. At least 30 days in advance of the deadline by which the Borough is to report to the County of Jefferson or Commonwealth of Pennsylvania, each collector shall file a written report to the Borough containing information on every aspect which the Borough is, in turn, required to report. Such report by the collector shall be in sufficient detail to enable the Borough to compile all information received by all collectors and comply fully with its reporting requirements.
The owner of each multifamily housing property must develop a source-separation recycling program and should appoint a recycling coordinator to oversee the program, including identification of recyclables to be collected, a materials handling and storage plan, etc. The design of a collection system should reflect the site-specific conditions at the complex and should comply with all fire and other code regulations.
If recyclable materials are collected by a collector other than the Borough or its authorized agents or collectors, then owners, landlords and agents of owners and landlords of multifamily projects shall, not later than January 31 of each year, provide a written, verified report to the Borough, describing, at a minimum, the type and weight of materials that were recycled during the preceding calendar year. The Borough is authorized to prepare a form or forms for such reporting, and, if the same is provided by the Borough to the persons above, such form shall be utilized for reporting, and all information requested therein shall be provided to the Borough.
Such persons must also inform all employees and residents of the recycling program, including, at a minimum, written instructions to the residents stating the materials that are to be recycled, how the materials are to be prepared and how to use the collection system. Meetings should be regularly held with employees, at least annually and initially with new employees, receptacles should be clearly marked, and signs should be prominently displayed stating the requirements of the recycling program.
If recyclable materials are collected by a collector other than the Borough, its authorized agents or collectors at commercial, municipal and institutional establishments or on behalf of community activities, then the occupants of said establishments and the individual, firm or other entity sponsoring such community activity shall, not later than January 31 of each year, provide a written report to the Borough containing the information set forth in § 187-21 hereof. The Borough is authorized to prepare a form or forms for such reporting, and, if the same is provided by the Borough to the persons above, such form shall be utilized for reporting, and all information requested therein shall be provided to the Borough.