This article shall be known as the "Upland Borough
Recyclable Waste Separation and Collection Ordinance."
As used in this article, the following words
or terms are defined as set forth hereinafter:
ACT
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act, Act 101 of 1988.
BIMETALLIC CANS
All empty beverage and food containers made of a metal other
than aluminum.
COLLECTION LOCATION
That location on any residential dwelling property from which
the Borough has authorized the collection of municipal waste pursuant
to the provisions of this article.
GLASS CONTAINERS
All empty bottles and jars made of clear, green or brown
glass, but does not mean or include noncontainer glass, plate glass,
blue glass, porcelain products and ceramic products.
PERSON
Any individual, firm, corporation, association, partnership
and/or other legal entity.
PLASTICS
Only those plastics and/or plastic materials classified as
HDPE and PET.
RECYCLABLE WASTE
Solid waste consisting of newspapers, as defined in this
article, aluminum cans and such other waste materials as may be designated
in the future by a duly enacted resolution of the Borough Council.
Pursuant to the provisions of the Act, the purpose
of this article is to facilitate the disposal of solid waste generated
within the Borough in the most economical and environmentally accepted
manner, to reduce the total amount of solid waste disposed of by the
Borough and by other collectors as provided herein and to protect
and to promote the health, welfare and safety of the Borough and its
residents.
As mandated by the Act, the Borough hereby establishes
a program for the mandatory separation of recyclable waste and of
recyclable paper products from solid waste by the owner, landlord,
tenant, occupant and/or his, her or their agent of all residential
dwellings, all multifamily dwellings and all commercial, industrial
and institutional establishments in the Borough and for the collection
of such recyclable waste and of recyclable paper products by the Borough
or by other collectors, as the case may be.
Except when permitted and/or authorized by the
Borough, it shall be unlawful for any person to commingle and/or to
mix recyclable waste products and/or any other solid waste when separating
the same, when placing the same for collection, when collecting the
same and/or when transporting the same after collection to the place
where the same is to be delivered or sold.
[Amended 12-10-1996 by Ord. No. 9-1996]
A. The Borough shall provide to the occupant of each
residential dwelling, free of charge, one recyclable waste container.
Upon receiving a container, each occupant thereof shall immediately
place his, her or their name(s) and address upon the same in the designated
locations. If the container is lost or damaged to the extent that
it can not be used for its designated purpose, such occupant to whom
it has been issued shall immediately apply, in writing, to the Borough
for a replacement container and shall pay a fee as set forth by the
Borough Council from time to time for each replacement container requested
in such sum as established by the Borough. No certificate of occupancy
will be issued if said container is missing from the premises.
B. The owner, landlord, tenant, occupant and/or his,
her or their agent, as the case may be, of every multifamily dwelling
and every commercial, industrial and institutional establishment shall
provide, at their own cost and expense, all necessary and required
recyclable waste containers, which must be approved as to type and
size by the Borough upon written application to it.
The Borough Council or its designee is hereby
authorized and empowered to enforce the provisions of this article
and to establish and promulgate reasonable rules and regulations relative
to the separation, collection, management and disposal of recyclable
waste and recyclable paper products. The Borough Council is also authorized
and empowered to enter into an agreement or agreements with any public
or private agency or firm for the collection of all or any part of
the recyclable waste products as provided herein.
If any section, provision, part or clause of
this article is in conflict with and contrary to any other section,
provision, part or clause of this article, the more restrictive section,
provision, part or clause shall be applicable, shall take precedence
and shall be enforced.