[Adopted 12-22-1999 by Ord. No. 3-1999]
The title of this article shall be the "Borough of Summit Hill
Recycling Ordinance."
The following words and phrases, when appearing in the text
of this article, shall have the meaning given to them in this section,
unless the context clearly indicates otherwise:
Empty nonaerosol containers consisting entirely of aluminum.
A person licensed, contracted or authorized by the Borough
to collect and transport recyclables as part of the recycling program.
Empty nonaerosol containers consisting of either steel only
or steel and aluminum, which were used to contain either food or beverage
or both.
Includes any paper which has a shiny or glossy finish or
appearance resulting from treatment of the surface or application
of a coating of kaolin, clay or other chemicals. The term includes
the advertising inserts which are often intermingled or distributed
with newspapers.
Includes all business, commercial, education, industrial,
institutional, or municipal establishments and community activities.
If any commercial activity occurs in a residential establishment,
the entire establishment shall be deemed a commercial activity.
Any person who is licensed or contracted to collect municipal
solid waste for remuneration in the Borough of Summit Hill.
The fabricated or manufactured structural unbleached paper
material with an inner core shaped in rigid parallel furrows and ridges,
with one or more outer liners, often consisting of a material known
as "kraft paper," but shall not include liner board or paperboard
normally used as cereal boxes and similar containers, nor shall it
include corrugated cardboard that is soiled or coated with wax, plastic
or foam.
The following location on the adjoining public street or
road, and where authorized collectors usually pick up garbage:
On or just in back of the curb or curbline at the edge of the
cartway, for streets or roads which have curbs.
For streets or roads which do not have curbs, within reasonable
safe proximity of the paved cartway.
As otherwise established by regulation by the Borough of Summit
Hill or as recycling coordinator, where the above locations are not
clear or satisfactory.
The program established by the Borough through its licensed
commercial haulers to collect recyclable materials from the curbside
of designated residential establishments within the Borough.
Those recyclable materials which must be separated from other
municipal waste and placed at the curbside for collection according
to the recycling regulations established and from time to time revised
by the Borough.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, mirror glass, automotive glass, blue glass and porcelain
and ceramic products.
The standardized containers issued or approved for use by
the Borough residents for the purpose of collecting, storing and placing
recyclables at the curbside for collection by an authorized collector.
These containers are the property of the Borough of Summit Hill and
are to remain with the dwelling.
Any garbage, refuse, industrial lunchroom or office waste
and other materials, including solid, liquid, semisolid or contained
gaseous material, resulting from 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 Pennsylvania Solid Waste Management Act[1] from a municipal, commercial or institutional water supply
treatment plant, waste 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 magazines, periodicals and advertising inserts printed
on coated paper which are often distributed intermingled with newspapers.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this act 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.
Empty polyethylene terephthalate (PETE) and high-density
polyethylene (HDPE) plastic food and beverage containers as defined
by the recycling regulations.
Materials identified by the Borough from time to time to
be recycled, including but not limited to the materials listed in
Section 1501 of Act 101.[2]
The rules, regulations, standards, specifications, orders,
licenses, permits, interpretations, schedules, zones, routes, and
waivers established from time to time by the Borough pursuant to the
authority of this article. Such regulations shall be deemed to be
a part of this article and included by references as if written herein,
upon approval by the Council of the Borough of Summit Hill.
A single-family dwelling; or multifamily dwellings in any one
structure.
These definitions shall apply regardless of either the form
of ownership or tenancy, or the physical arrangement of the structure.
If any commercial activity occurs in a residential establishment,
the entire establishment shall be deemed to be a commercial activity.
The act or practice of removing, taking, scattering or disturbing
recyclable materials which have been collected and assembled in containers,
whether or stored on private or public property or placed by a roadway
or curb for collection.
Solid waste, as defined in the Act of July 7, 1980, P.L.
380, No. 97, known as the "Solid Waste Management Act."[3]
A.
Recyclable materials. Every person in a residential establishment in the Borough shall be required to separate the recyclable materials listed in § 415-3, Recyclable materials, of this article, to the extent determined by the Council of the Borough of Summit Hill by resolution, for the purpose of recycling, from all of the other municipal solid waste and other waste generated by that person. No person may dispose of such recyclable materials with any other municipal solid waste or other waste.
B.
Other waste. All other municipal solid waste and other waste materials,
whether residual, hazardous, or otherwise, shall be generated, stored,
separated, placed, collected, and disposed in accordance with all
other applicable federal, commonwealth, county and Borough laws, ordinances,
rules, regulations, specification, standards, orders, permits and
licenses.
All persons owning, occupying or operating residential establishments
within the Borough of Summit Hill shall comply with the following
requirements:
A.
Separation. Separate the recyclable materials designated for collection
and maintain the materials in the separated condition until collection
by a licensed or contracted commercial hauler. The separation shall
be performed by the time those materials are placed at curbside for
collection.
B.
Preparation. Prepare for recycling all of the recyclable materials
generated by that person, in accordance with the regulations for each
respective material as established by the Borough, by the time that
those recyclable materials are placed for collection, and maintain
those materials in that condition.
C.
Recycling containers. Place recyclable materials in the separate
official Borough recycling containers or other containers authorized
by the Borough, in accordance with regulations established by the
Borough. Each residential establishment shall acquire and use the
official Borough recycling container for this purpose.
D.
Placement and time. The approved recycling container(s) shall be
placed or set out at curbside, and the empty recycling container(s)
shall be removed from curbside on the scheduled day of collection,
in accordance with the times and schedules established by the hauler
providing waste collection service to such resident.
One initial recycling container shall be provided to each residential
establishment. The Borough shall have the power to require that each
recycling container be identified with the residential establishment
to which it is assigned.
A.
Replacement fee for additional containers. A reasonable replacement
fee for each recycling container shall be established to provide for
the replacement of each of the Borough's official recycling containers.
The amount of the purchase fee may be established or changed from
time to time by resolution of the Council of the Borough of Summit
Hill and shall be adequate in the amount to reimburse the Borough
for the cost of purchasing a replacement for any such container.
B.
Time of purchaser and payment. The replacement fee shall be paid
to the Borough for all official Borough recycling containers which
are supplied to residential establishments after the payment of the
fee shall be that which is established from time to time by resolution.
C.
Loss, theft, or damage.
(1)
The owner, occupant, and operator of each residential establishment
is responsible for and shall bear the risk of loss, theft, or damage
to the official recycling container supplied for the use of that establishment.
(2)
If any official recycling container for a residential establishment
is either lost, stolen, or damaged, the owner, occupant, or operator
shall pay a new purchase fee to the Borough for replacement in kind
of the official recycling container, as otherwise specified in this
section.
(3)
No person shall damage, take, remove, deface, destroy or use a recycling
container issued or approved by Borough of Summit Hill or the County
of Carbon for any purpose other than for approved storage and collection
of recyclable materials. All recycling containers issued by the Borough
of Summit Hill as part of the recycling program are the property of
the Borough of Summit Hill.
A.
Curbside recycling program. Each commercial hauler shall collect
all recyclable materials which are placed at curbside by each residential
establishment on at least two occasions per month.
B.
Duty to collect. Each commercial haulers shall collect and transport
any designated recyclable materials which have been properly prepared,
separated and placed at curbside in time for collection on the scheduled
collection day. Commercial haulers shall have no obligation to collect
any materials which do not conform to this article or any supplemental
regulations to be adopted.
C.
Leaf waste.
(1)
The Borough may collect leaf waste during the fall of each calendar
year.
(2)
During those times of the year specified for collection in the supplemental
recycling regulations, all persons who gather leaf waste shall source
separate such waste and place it for collection at the times and in
the manner specified in the regulations.
D.
Sale and marketing.
(1)
Recyclable materials that are collected shall be recycled by each
hauler.
(2)
Each hauler shall transport, process, sell, market, and dispose of
all recyclable materials collected by it in any manner that such hauler
sees fit, provided that such activities comply with federal and state
law and with the provisions of this article.
(3)
Each commercial hauler shall establish and keep records and report
at least annually to the Borough the quantity, price and total amount
of recyclable materials collected, processed, marketed and sold.
(4)
Each hauler must provide written documentation that either all recyclable
materials are recycled or that markets for those materials do not
exist.
A.
Except as set forth in this section, collection of recyclable materials
by person(s) not licensed or contracted by the Borough of Summit Hill
is strictly prohibited.
B.
Nothing in this article shall prohibit any resident from donating
or selling any such resident's own recyclables to any other person,
whether operating for a profit or not for profit.
C.
No person other than an authorized collector shall scavenge, remove,
take scatter or disturb recyclable materials which have been collected
or assembled in recycling containers, whether stored on public or
private property; or been placed at the curbside for collection pursuant
to the curbside collection program.
D.
Unlawful scavenging shall not include the collection or assemblage
of scattered trash and debris, whether or not recyclable, from roadsides
or public property with the intent of properly disposing of or recycling
such trash and debris.
Any commercial hauler contracted, engaged, or hired for the
collection of municipal solid waste in the Borough shall comply with
the following requirements:
A.
Licensing. Every commercial hauler shall be licensed or contracted
with the Borough of Summit Hill and shall not collect municipal solid
waste in the Borough unless and until a hauler's license or contract
is secured. Such license shall be summarily revocable by the Borough
for failure by the commercial hauler to comply with the terms of this
article.
C.
Separation. Every commercial hauler shall keep the several types
of recyclable materials which are designated for the collection separate
from each other, unless the hauler can demonstrate, in writing, that
a market exists for the commingled recyclable materials.
D.
Recycling. Every commercial hauler shall either:
E.
Recycling program. Effective January 1, 2000, each commercial hauler
collecting municipal solid waste in the Borough shall commence the
collection of recyclable materials in strict accordance with the provisions
of this article and any accompanying regulations. Collection shall
be pursuant to such rules and regulations as the commercial hauler
shall reasonably prescribe. Each commercial hauler shall provide copies
of any such rules and regulations, together with its pickup schedules,
to the Borough for approval by the Borough prior to implementation.
F.
Annual reports. Every commercial hauler shall submit annual reports
to the Borough. Reports shall be submitted within one month of the
end of each calendar year. Each report shall state for that reporting
period:
(1)
The quantity in tons of each recyclable material collected by that
hauler in the Borough;
(2)
The total quantity in tons of all garbage, trash, and refuse collected
by that hauler in the Borough; and
(3)
To whom or where and how each recyclable material was sold or delivered
for processing or recycling.
G.
Reporting noncompliance. Every commercial hauler shall report to
the Borough all instances of apparent noncompliance, with either this
article or Borough's regulations, within 72 hours of becoming aware
of such noncompliance.
A.
Regulations. The Council of the Borough of Summit Hill may, from
time to time, establish regulations for the following parts of the
Borough's Recycling Program, as the Borough shall deem appropriate,
which regulations shall become effective five days after adoption:
(1)
Plastic containers: varieties, types and chemical compositions to
be collected by recycling, or otherwise disposed in municipal solid
waste.
(2)
Preparation of recyclable materials for recycling.
(3)
Exact locations for curbside pickup, where those locations are not
established or are otherwise unsatisfactory.
The Council of the Borough of Summit Hill or its designee shall
be responsible for monitoring and enforcing compliance with this article
and regulations.
A.
Any person who violates or permits a violation of this article shall,
upon being found liable therefor, pay a fine of not more than $600,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. If the penalty is not paid, the Borough
shall initiate a civil action for collection in accordance with the
Pennsylvania Rules of Civil Procedure. Each day a violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Carbon County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Incentives.
(1)
The Council of the Borough of Summit Hill or its designee shall have
the power to establish incentives to promote compliance with this
article as may be appropriate from time to time.
(2)
Procurement options. The Borough may utilize the provisions of Act
101, Section 1507, Procurement procedures for local public agencies;
and Section 1508, Procurement options for local public agencies and
certain Commonwealth agencies,[1] if the Borough elects to do so.
[1]
Editor's Note: See 53 P.S. §§ 4000.1507 and
4000.1408, respectively.
