[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:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
All empty aluminum beverage or food cans.
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.
Those properties used primarily for commercial or industrial
purposes.
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.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges,
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.
Empty bottles and jars made of glass, of the colors specified
in the recycling regulations.[2] Expressly excluded are noncontainer glass, plate glass,
automotive glass, light bulbs, blue glass and porcelain and ceramic
products.
All white paper, bond paper and computer paper.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Includes but is not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having more than four dwelling units per structure.
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
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,[3] 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.
All plastic materials as set forth by the recycling regulations.[4]
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.
Those materials separated at the point of origin for the
purpose of being recycled.
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.
A.
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]
B.
Specific program regulations are provided as an attachment
to this article.[1] 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.
A.
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.
(1)
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.
(2)
Multifamily properties.
(a)
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.
(b)
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.
B.
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.
C.
Commercial, municipal and institutional establishments.
(1)
Persons must separate high-grade office paper, aluminum,
corrugated paper, leaf waste and such other materials as may be designated
in the recycling regulations[1] 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.
(2)
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,[1] including but not limited to:
A.
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.
B.
Establishing collection procedures for designated
recyclable materials.
C.
Establishing procedures for reporting recycling systems
and amounts of materials recycled at multifamily properties and at
commercial and institutional establishments and community activities.
D.
Establishing procedures for the distribution, monitoring
and collection of recyclable materials storage containers.
E.
Establishing procedures and rules for the collection
of leaf wastes.
F.
Establishing refuse collector license requirements
regarding recycling.
G.
Establishing procedures for authorizing persons, firms
and corporations to collect source-separated recyclable materials.
A.
Any person, firm or corporation who shall violate
the provisions of this article or the regulations promulgated hereunder[1] 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.
B.
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.
C.
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[1] 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.
A.
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:
B.
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:
C.
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,[1] 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.
A.
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[1] 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]
B.
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.
C.
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[2] 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]
D.
For purposes of the Borough of Punxsutawney Recycling
Ordinance[3] 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.
E.
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.
F.
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[1] 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.
A.
At least 30 days prior to the effective date of the
Borough of Punxsutawney Recycling Ordinance,[1] 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.
B.
Thereafter, the Borough will maintain a sustained
public education and informational program about recycling in full
compliance with the requirements of Act 101.[2] 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.
[2]
Editor's Note: See 53 P.S. § 4000.101
et seq.
C.
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.
A.
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.[1] 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.
B.
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.
C.
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[1] 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.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A.
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.
B.
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.
C.
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.
