The following words and phrases, when appearing in the text of this
article, shall have the meaning given them in this section, unless the context
clearly indicates otherwise:
ALUMINUM CANS
Empty containers used for food or beverage, consisting entirely of
aluminum.
BIMETALLIC CONTAINERS
Empty containers, consisting of either tin plated or steel, or steel
only, or steel and aluminum, which were used to contain either food or beverage
or both.
BOROUGH
The Borough of Coopersburg organized and existing under the Borough
Code, Act of February 1, 1966 (1965 P.L. 1656, No. 581), as amended, located
in Lehigh County, Pennsylvania, including the Borough Council, Borough Secretary
and Borough staff and others, when duly authorized.
COATED PAPER
Any paper with 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 may be
intermingled or distributed with newspaper.
COMMERCIAL ESTABLISHMENT
All business, commercial, industrial, institutional activities, or
municipal establishments and community activities, and all multifamily housing
of four or more residential dwellings.
CORRUGATED PAPER
The fabricated or manufactured structural 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 (mainly shopping
bags).
CURBSIDE
The following location on the adjoining public street or road, and
where the Borough contractor usually picks up garbage:
A.
On, or just in back of, the curb or curbline at the edge of the cartway,
for streets or roads which have curbs.
B.
For streets or road which do not have curbs, within reasonable safe
proximity of the paved cartway.
C.
As otherwise established by regulation of the Borough, where the above
locations are not clear or satisfactory.
CURBSIDE RECYCLING PROGRAM
The regularly scheduled operation of the designated contractor which
provides labor, equipment and services to collect recyclable materials from
the curbside of designated residential and commercial establishments and multifamily
housing units within the Borough under and pursuant to a contract with the
Borough.
EQUIVALENT DISPOSAL UNIT (EDU)
The amount of refuse to be collected from the average unit during
an average week. One EDU is hereby defined as four twenty-gallon containers
per week, or the equivalent [one twenty-gallon container is equivalent to
one thirty-gallon plastic bag, or one bundle or box of rubbish not to exceed
four feet in length, six feet in perimeter or circumference (as applicable)
and 50 pounds in weight].
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass, comprised of
sand, soda ash and limestone. Excluded are plate glass, automotive glass,
blue glass, porcelain, ceramic products and crystal.
HIGH GRADE OFFICE PAPER
Any white paper or the type commonly used for letter writing, stationery,
note paper, plain paper for photocopying machines, computer printers and other
general purpose paper, whether or not any printed or written matter is contained
thereon. It does not include newspaper, magazines, corrugated paper or any
coated paper.
LEAD ACID BATTERIES
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and all other plants, garden residues,
shrubbery and similar material, but not including grass clippings.
MAGAZINES
Printed matter on coated paper containing miscellaneous written pieces
published at fixed or varying intervals, also known as "periodicals," and
includes telephone directories. Expressly excluded are newspaper and all other
paper products of any nature whatsoever.
MULTIFAMILY HOUSING
Any four or more condominiums, apartments or other residential dwellings,
regardless of the form of ownership, tenancy or the physical arrangement of
the structure, which are owned under a single deed.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other
material, 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 Solid Waste Management Act
from a municipal, commercial or institutional waste supply treatment plant,
wastewater treatment plant or air pollution control facility. The term does
not include source separated recyclable materials.
NEWSPAPER
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 advertising inserts
printed on coated paper which are often distributed or intermingled with newspapers.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise or any unauthorized municipal entity. For purposes
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.
PLASTIC BEVERAGE CARRIER
The plastic rings or similar plastic connectors used as holding devices
in the packaging of beverages, including, but not limited to, all carbonated
beverages, liquors, wines, fruit juices, mineral waters, soda and beer.
PLASTIC CONTAINERS
Plastic containers of all varieties, types and chemical compositions
of plastic.
RECYCLABLE MATERIALS
Materials identified by the Borough to be recycled, including, but
not limited to, the materials listed in § 1501 of the Act.
RECYCLING FACILITY
A facility employing a technology, that is a process, that separates
or classifies municipal waste and creates or recovers reusable material that
can be sold to or reused by a manufacturer as a substitute for or a supplement
to or for virgin raw materials. The term "recycling facility" shall not mean
transfer stations or landfills for solid waste nor composting facilities or
resource recovery facilities.
REFUSE PRODUCING SOURCE
Any number of persons, individually or as a group, which is the basis
of one refuse producing source (RPS). For example, in an apartment house,
each dwelling unit constitutes one refuse producing source.
REGULATIONS
The rules, regulations, standards, specifications, orders, licenses,
permits, interpretation, 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 reference as if written herein.
RESIDENTIAL ESTABLISHMENT
A.
A single-family dwelling, EDU.
B.
Each structure containing three or less residential dwellings, EDU(s).
C.
Each residential dwelling, EDU, within any structure containing three
or less residential dwellings.
D.
These definitions shall apply regardless of either the form of ownership
or tenancy, or the physical arrangement of the structure.
SOURCE SEPARATE
To separate recyclable materials from municipal solid waste for the
purpose of recycling.
WASTE
A material whose original purpose has been completed and which is
directed to a disposal or processing facility or is otherwise disposed, whether
municipal, residual or hazardous waste, or otherwise. The term does not include
source separated recyclable materials or material approved by the Department
for beneficial use.
The following materials are hereby designated as "recyclable materials"
within the Borough of Coopersburg:
A. Residential. For all residential establishments, including
multifamily housing, as defined by this article:
(4) Bimetallic and steel cans.
(6) Plastic containers, of the varieties, types and chemical
compositions as specified by the Borough.
B. Commercial. For all other commercial activities, except
multifamily housing, as defined in this article:
(4) Bimetallic and steel cans.
C. Educational institutions. Educational institutions are
exempted from the operation of this article only insofar as such institutions
shall comply with § 1509 of Act 101.
All persons owning, occupying or operating residential establishments
or commercial establishments within the Borough of Coopersburg shall comply
with the following requirements:
A. Separation. Separate the recyclable materials and maintain
the materials in the separate recycling container until collected by the Borough
contractor.
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 of Coopersburg container or other containers authorized
by the Borough, in accordance with regulations established by the Borough.
Each residential establishment and commercial establishment shall acquire
and use one official Borough of Coopersburg container for this purpose.
D. Placement and time. Place or set out recyclable materials,
in their proper container at curbside, and remove empty container from curbside
on the scheduled days for collection, in accordance with the times and schedules
established by the designated contractor under contract with the Borough.
One recycling container shall be acquired by each residential and commercial
establishment. The Borough shall have the power to require that each recycling
container be identified with the residential establishment, multifamily housing
or commercial establishment to which it is assigned.
A. Manner of distribution of containers. Each residential
and commercial establishment shall be provided with one container from the
Borough without charge. Each resident, including tenants and owners in multifamily
housing establishments and commercial establishments of the Borough, shall
personally pick up one container, supplied by the Borough, at Borough Hall,
at such times as designated by Borough Council by resolution. Residents who
are unable to personally pick up a container for their use, due to health
reasons or otherwise, may designate in writing an individual to pick up their
container in their stead. The Borough Secretary shall maintain a registry
of all residents, including tenants and owners of multifamily housing establishments
and commercial establishments of the Borough for the purpose of the distribution
of containers under this provision. Each resident or his designee nominated
in writing shall sign the registry so maintained, upon receipt of one container
during the time frame for distribution of containers designated by Council
by resolution. At the conclusion of the two-week period, during which residents,
personally or by nominee, pick up their container for recyclable materials
under this article, the Borough will disburse containers to residents, who
have not, with just cause, picked up their container as provided in this provision.
The residents to whom the Borough delivers a container shall be assessed a
delivery fee, the amount of which shall be established by Borough Council
by resolution.
B. Loss, theft or damage. The owner of each residential
establishment, including the tenant of a multifamily housing unit, and the
operator of each commercial establishment, shall be responsible for and shall
bear the risk of loss or damage to the official recycling container supplied
for the use of that establishment except where any person is apprehended for
the commission of theft or of or for vandalizing to any container, that person
shall be penalized as provided in this article. The person responsible for
the loss, theft or damage of a container shall pay a fee to the Borough for
the replacement of such container in an amount established by Borough Council
by resolution.
C. Return. The owner of each residential establishment,
including the landlord and tenant of any multifamily housing unit, and the
operator of each commercial establishment shall return to the Borough the
container issued to them by the Borough of Coopersburg prior to relocating
outside the corporate boundaries of the Borough of Coopersburg.
D. Records. The Borough Secretary shall establish and maintain
records of the person to whom containers have been disbursed, the address
or location of the residential and commercial establishment and multifamily
housing unit to which the containers were supplied; the amounts and dates
that the replacement fees were paid for the loss, theft, damage of any containers;
and such other information that the Borough Secretary shall require.
All recyclable materials shall become the property of and shall be owned by the Borough of Coopersburg or its authorized agents or contractors when such materials are picked up from the curbside. Nothing in this article shall be deemed to impair the ownership of recyclable materials by the person who generated them before such pickup or delivery. Collection of recyclable materials by persons not authorized by the Borough is prohibited by Article
II, regarding scavengers.
The Police Department or an authorized agent of the Borough shall be
responsible for monitoring and enforcing compliance with this article and
regulations. Enforcement of this article shall begin after a grace period
commencing six months from the date of enactment of this article.
A. Administrative act and enforcement. For violations of
this article by the owners, landlords, occupants or operators of residential
establishments or commercial establishments, the Borough shall comply with
the following administrative actions and enforcement procedure before commencing
any action before the district justice.
(1) Letter. For the first two violations by the same person
within the calendar year, which violation shall be separate violations on
different dates, under this article, the owner and landlord, occupant or operator
of any residential or commercial establishment shall be notified by letter,
sent by the Borough Secretary, to the said person by United States First Class
Mail, of the penalties for continued noncompliance with this article.
B. Civil liability before district justice. Any owner, landlord,
occupant or operator of a residential or commercial establishment who has
been previously subjected to all of the administrative action and enforcement
procedures of this section within the calendar year, who violates any provision
of this article, shall be subject to the following civil penalties, payable
to the Borough of Coopersburg, upon a finding of liability therefor by the
district justice:
(1) First action. For the first action before the district
justice within the calendar year, a civil penalty of not more than $600 and
costs.
(2) Subsequent actions. For any action before the district
justice within the same calendar year subsequent to a previous finding by
the district justice of civil liability by the same person for any violation
of this article, a civil penalty of not more than $1,000 and costs.
(3) Each day that a violation of this article continues shall
be deemed to be a separate violation. Each violation shall be deemed to be
a separate violation.
C. Incentives. The Borough Secretary shall have the power
to establish incentives to promote compliance with this article, as may be
appropriate, from time to time. The Borough Secretary shall report at least
annually to the Borough Council on the incentives which have been established,
and when and to whom those incentives have been granted.
D. Procurement options. The Borough may utilize the provisions
of § 1507 of Act 101, Procurement Procedures for Local Public Agencies,
and § 1508, Procedure Options for Local Public Agencies and Certain
Commonwealth Agencies, if the Borough elects to do so.