[Added 9-9-1991 by Ord. No. 630, approved 9-9-1991]
For the purpose of this article, the following
terms, phrases or words shall have the meanings ascribed to them in
this section, except where the context in which the word is used clearly
indicates otherwise:
Aluminum food and beverage containers which contain only
nonaerosol or edible substances.
The Borough of Wilson located in the County of Northampton,
Pennsylvania, a Pennsylvania municipal corporation.
An establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters, and shall also mean those
facilities that house or serve groups of people, such as hospitals,
schools, day-care centers, universities and nursing homes.
Aluminum, bimetallic and steel, glass and plastic food and
beverage containers, as defined herein, placed in a special recycling
container for the purpose of collection without having been segregated
by color or type.
The process by which organic material is biologically decomposed
under controlled anaerobic or aerobic conditions to yield a humus-like
product.
An entity or organization authorized by the Borough to collect,
transport and dispose of the Borough's recyclables.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Glass food and beverage containers commonly found in the
home. It includes clear (fling), green and brown (amber) colored containers.
It excludes crystal, ceramics, light bulbs and plate, window, laminated,
wired or mirrored glass.
A person who owns and/or operates vehicles engaged in the
collection or transportation of recyclables within the Borough.
All-white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
Any property having five or more dwelling units per structure.
Types of paper made from wood pulp and/or other fibrous materials
mixed together, either with or without chemicals, to produce thin
sheets of the products customarily and primarily used for the production
of newsprint.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency (including but not
limited to the Department of General Services and the Pennsylvania
Public School Building Authority) or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. In
any provisions of this article prescribing a fine, imprisonment, or
penalty, or any combination of the foregoing, the term "person" shall
include the officers and directors of any corporation or other legal
entity having officers and directors.
Water and milk jugs, soda bottles and laundry product containers.
Additional categories may be included by mutual agreement.
The location which may be maintained by the contractor for
the purpose of sorting, preparing and/or consolidating recyclables
for sale.
The program developed and provided by the contractor or the
Borough to inform and encourage residents to use the recycling collection
services.
All newspaper, glass, plastics, aluminum, steel and bimetallic
materials.
Those services to be performed by the contractor as follows:
A container made of rigid plastic construction provided by
the Borough.
Any single-family attached or detached dwelling or multiple
dwelling having four or fewer units from which refuse and recyclables
are collected.
Those materials separated at the point of origin for the
purpose of being recycled.
Steel and bimetallic food and beverage containers which contain
only nonaerosol or edible substances.
A.
All persons who are residents of the Borough shall
source-separate all designated recyclables from all other refuse produced
at their homes, apartments and other residential establishments and
store such material for collection. Designated materials shall be
placed together at the curbside or similar location on the day of
collection designated by the Borough.
(1)
It shall be unlawful for any person to place a recycling
container or designated material out for collection more than 24 hours
prior to the determined collection period.
(2)
An owner, landlord or agent of any owner or landlord
of a multifamily housing property may comply with his or its recycling
responsibilities by establishing a collection system at each property.
The collection system must include suitable containers for collecting
and sorting 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 section shall not be liable for noncompliance
of occupants of their buildings.
B.
All persons must separate leaf waste from other refuse
generated at their homes and other residential establishments for
collection, unless those persons have otherwise provided for composting
of leaf waste. The Borough or the Borough's contracted hauler shall
provide curbside pickup of leaf waste either once per month or twice
per year with at least one collection in the Spring and one in the
Fall. The Borough shall facilitate the residents' use of a leaf waste
dropoff site by educating the residents about the hours of operation
and location of a nearby Department of Environmental Protection (DEP)
approved dropoff facility.
[Amended 3-26-2018 by Ord. No. 787; approved 3-26-2018]
C.
Persons
must separate high-grade office paper, aluminum, corrugated paper
and leaf waste generated at commercial establishments and from community
activities and store the material until collection. A person may be
exempted from this subsection if the person submits documentation
to the Borough annually, indicating that the above recyclables are
being recycled in an appropriate manner. Said documentation must state
the weight of the recycled material, not the volume.
[Amended 3-26-2018 by Ord. No. 787; approved 3-26-2018]
D.
The Borough shall provide for the collection of designated
commingled materials from homes and other residential establishments
on a biweekly basis.
A.
Designated recyclables consist of the following:
[Amended 11-8-1999 by Ord. No. 682, approved 11-8-1999]
(1)
Aluminum beverage cans.
(2)
Newspaper.
(3)
Amber/brown glass containers.
(4)
Green glass containers.
(5)
Clear glass containers.
(6)
Steel cans/tin plated.
(7)
Plastics (PETE No. 1; HDPE No. 2).
(8)
Aerosol cans.
(9)
Corrugated paper.
(10)
Magazines and colored newspaper inserts.
(11)
Polycoated paper containers.
B.
Requirements of designated recyclables shall be as
follows:
All designated recyclables placed by the resident
for collection pursuant to this article and the regulations hereunder
shall from the time of placement become the property of the hauler
or the contractor.
It shall be a violation of this article for
any person, other than the hauler authorized by multifamily housing
properties or authorized by each commercial establishment or the contractor,
to collect designated recyclables placed by a resident for collection.
Each unauthorized collection in violation hereof on one calendar day
shall constitute a separate and distinct offense punishable as hereinafter
provided.
Any resident may donate or sell designated recyclables
to any person, whether operating for profit or not, provided that
the receiving person shall not collect such designated recyclables
from the same collection point and at times used by a designated hauler
or the contractor.
All persons shall separate leaf waste from other
refuse. Tree leaves shall either be placed loose in the street near
the curb for municipal collection on designated days or shall be placed
in open bags at the same location with notification made to the Highway
Department of the need for collection. After October 1, 1991, other
leaf waste shall be taken for composting to a site as designated by
the Borough.
The Council of the Borough of Wilson shall from
time to time, by resolution, establish a schedule of fees for the
collection of recyclables thereof and amend said schedule and system
from time to time as the need for amendment may arise. The proceeds
of said fee shall be applied toward the general fund. The Council
may also establish a schedule of fees for special collections.
The Council of the Borough of Wilson reserves the right to further implement this article by rules and regulations which it may pass by resolution from time to time. The rules and regulations shall be construed as a part of this Article XIII.
A.
Any person who shall violate any provision of this Article XIII shall receive an official written warning of noncompliance for the first offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
B.
Any person who shall violate any provision of this Article XIII shall, upon conviction thereof, be sentenced to pay a fine of not more than $500 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days, provided that each day's continuance of a violation of any provision of this Article XIII shall constitute a separate violation.
