[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:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.
ALUMINUM
All empty aluminum beverage or food cans.
BOROUGH
The Borough of Punxsutawney, Jefferson County, Pennsylvania.
COLLECTOR
The entity or entities authorized by the Borough to collect
recyclable materials in 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 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.
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.
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.
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. 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.
PERSON
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments, whether individuals or
any other type of legal entity.
PLASTICS
All plastic materials as set forth by the recycling regulations.
RECYCLING
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.
RESIDENCE
Any occupied single-family or multifamily dwelling having
up to and including four dwelling units per structure.
WASTE
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.
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:
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.
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.
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.
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.
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.