[HISTORY: Adopted by the Borough Council
of the Borough of Prospect Park 3-12-1985 as Ord. No. 1056, approved 3-12-1985; amended in
its entirety 7-9-1991 by Ord. No. 1124, approved 7-9-1991. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 86.
The purpose of this chapter of the Borough of
Prospect Park Code is to facilitate the disposal of solid waste generated
within the Borough in the most economical and environmentally accepted
manner and reduce the total amount of solid waste disposed of by the
Borough. This program is further designed to protect the health and
safety of the residents of the Borough in accordance with the Pennsylvania
Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101
of 1988.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
As used in this chapter, the following terms
shall have the meanings indicated:
Empty all-aluminum beverage and food containers.
The scheduled collection and transport of recyclable material placed at the curbline by residences, subject to Chapter 86 of the Code of the Borough of Prospect Park.
Empty bottles and jars made of clear, green or brown glass,
except noncontainer glass, plate glass, blue glass and porcelain and
ceramic products.
Includes paper of the type commonly referred to as "newsprint"
and distributed at stated intervals, usually daily or weekly, having
printed thereon news and opinions and containing advertisements and
other matters of public interest. Magazines and periodicals, as well
as other paper products of any nature, are not considered "newspapers."
Solid waste consisting of clear and colored glass bottles
and jars, aluminum cans, newspapers and other materials as designated
by the Borough and approved by the Borough Council.
There is hereby established a program for the
mandatory separation of recyclable materials from solid waste by persons
residing in residential dwellings for which the Borough of Prospect
Park, hereinafter referred to as the "Borough," provides municipal
waste collection services.
A.
Residential.
(1)
It shall be the responsibility of all residents to
separate recyclables from all residential solid waste and place them
out for collection in the following manner:
(a)
Aluminum cans, clear glass and colored glass
shall be placed in a separate container supplied by the Borough.
(b)
Prior to placement for collection and removal,
glass and aluminum recyclables shall be cleaned, and all contents
shall he removed therefrom. Caps shall be removed from glass recyclables.
(c)
Recyclables for collection shall be placed in
the containers provided by the Borough and placed at the curbside
on the date prescribed by the Borough.
(d)
Newspapers shall be tied both across and lengthwise
in easy-to-manage bundles or placed in paper bags and kept dry.
(e)
Recyclables shall not be placed in the same
container as or otherwise mixed with other forms of solid waste.
(f)
The containers supplied by the Borough shall
be used solely for the purpose of recycling as set forth in this chapter.
Lost, stolen or damaged containers shall be replaced at the cost of
the resident pursuant to regulations established by the Borough Council
or its designee.
(2)
It shall be unlawful for a person to collect from
a resident and dispose of solid waste which consists of recyclables
combined with other forms of solid waste.
(3)
The Borough is empowered to designate the day of the
week on which recyclables shall be collected and removed from a particular
area. Recyclables shall not be collected or removed from any area
except on the day of the week designated by the Borough.
B.
Multifamily dwellings. The owner, landlord or agent
of an owner or landlord of multifamily dwellings whose solid waste
is not collected by the Borough shall establish a collection system
for recyclables at each property. At the time of passage of this chapter,
recyclable materials for such multifamily dwellings are aluminum cans,
clear glass and colored glass containers and newspapers. The collection
system must contain 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. The owner, landlord and/or agent of an owner
or landlord shall annually provide to the Borough evidence of such
arrangement and documentation of the total number of tons recycled.
C.
Commercial, institutional and industrial establishments.
Commercial, industrial and institutional establishments shall separate
and store, until collection, aluminum cans, clear glass and colored
glass containers and newspapers. These establishments must arrange
for the transfer of the materials to a recycling system and, if that
system is separate from that used in the Borough for residential dwellings,
the establishments shall annually provide to the Borough evidence
of such arrangement and documentation of the total number of tons
recycled.
It shall be a violation of this chapter for
any person(s) unauthorized by the Borough to collect or pick up or
cause to be collected or picked up any such recyclable material. Each
such collection in violation hereof shall constitute a separate and
distinct offense punishable as hereinafter provided. Ownership of
recyclables set out at curbside for collection shall thereupon vest
in the Borough.
Any resident may donate or sell used newspapers
or recyclables to any person, partnership or corporation, whether
operating for profit or not for profit. Said person, partnership or
corporation may not, however, under any circumstances pick up said
used newspapers from the curbside in the Borough of Prospect Park.
The Borough Council or its designee is authorized
and directed to enforce this chapter. The same is hereby authorized
and directed to establish and promulgate reasonable regulations as
to the manner, materials, days and times for the collections of recyclable
materials, in accordance with the terms hereof, and any other matter
required to implement this chapter. The Borough Council or its designee
may change, modify, repeal or amend any portion of said rules and
regulations at any time.
A.
Any person engaged in the business of collecting solid
waste or rendering solid waste services who is not authorized by the
Borough shall be guilty of a violation, punishable by a fine of not
less than $200 and not exceeding the sum of $1,000 or by imprisonment
for a term not exceeding 15 days, or both. Each day such violation
occurs or continues shall constitute a separate offense.
B.
(1)
For a first conviction: by a fine of not less than
$25 nor more than $50.
(2)
For a second conviction within one year: by a fine
of not less than $50 nor more than $100.
(3)
For a third conviction within one year: by a fine
of not less than $100 nor more than $150.
(4)
For a fourth and each subsequent conviction within
one year: by a fine of not less than $150 nor more than $300.
(5)
The Borough may initiate action for violation of § 133-4A(1)(a), (b), (c), (d), (e) and/or (f) by citation, which, if paid within 10 days from the date of violation to the Borough of Prospect Park, 720 Maryland Avenue, shall terminate further action. Otherwise, a complaint shall be filed pursuant to the provisions of Subsection B(1), (2), (3) and (4) next above. The penalties in connection with the citation procedure established by this subsection shall be a fine of $10 for a first offense, $35 for a second offense and $100 for a third offense.
The Borough may enter in an agreement or agreements
with public or private agencies or firms to authorize them to collect
all or part of the recyclable material from the curbside or to accept
all or part of the recyclable material collected by the Borough.
