[Ord. 2071, 12/29/2009]
1. 
The reduction of the amount of municipal waste, the conservation of recyclable materials, and the collection and disposal of leaf waste and yard materials is an important public concern by reason of the growing problem of municipal waste disposal and its impact on the environment.
2. 
The collection of recyclable materials, yard materials, and leaf waste from commercial and institutional establishments in the Borough of Pottstown will serve the general public interest by reducing the volume of municipal waste which must be disposed of, thereby reducing storage, collection, transportation and disposal costs of said waste and preserving valuable natural resources; and may result in a financial benefit to the residents and taxpayers of the Borough of Pottstown by reason of the income realized from the sale of these recyclable materials and reduced cost of disposal.
3. 
This Part has been developed to implement municipal responsibilities under the provisions of Act 101 of 1988 (35 P.S. § 4000.101 et seq.), and any subsequent amendments, thereto, known as the "Municipal Waste Planning, Recycling and Waste Reduction Act."
4. 
The maintenance of health and sanitation requires, and it is the intent hereof, to make collection, removal and disposal of municipal waste within the Borough of Pottstown compulsory and universal. Failure to accumulate, store, maintain and dispose of municipal waste, as contemplated by this Part and Chapter 5, is hereby declared to be a nuisance and detrimental to the health, safety, comfort, convenience, and overall quality of life to the residents of the Borough.
[Ord. 2071, 12/29/2009]
This Part shall apply to all territory embraced within the corporate limits of the Borough of Pottstown and the area of police jurisdiction as now established or as may hereafter be established. All eligible properties shall be required to participate in both the recycling program described in Subpart A and the municipal waste collection and disposal program described in Subpart B.
[Ord. 2071, 12/29/2009]
All properties that are not eligible to participate in the programs offered by the Borough (either by reason of type of use, type of waste, or amount of waste) shall be required to provide approved alternate service for collection and disposal of recyclables and collection and disposal of waste. The owners of all such property shall provide written proof of the approved alternate service to the Borough.
[Ord. 2071, 12/29/2009]
The Borough Manager shall be authorized to prepare any rules and regulations for the efficient administration and enforcement of the provisions of this Part. Such rules and regulations, when approved by resolution of the Borough, shall become and are hereby a part of this Part, and any person violating any one of such rules shall be punished for a violation of this Part.
[Ord. 2071, 12/29/2009]
Unless the context clearly indicates otherwise, the following words and phrases used throughout this Part shall have the following meanings:
BOROUGH
The Mayor and Borough Council of the Borough of Pottstown.
BOROUGH MANAGER
The Borough Manager of the Borough of Pottstown.
BULK WASTE
Large items of refuse including, but not limited to, appliances, large auto parts, furniture, large trees and branches which require collection by other than conventional compact or refuse collection vehicles or items due to their size that cannot be placed in an approved trash can or trash container.
CHURCH
A stand-alone building with its principal use for public worship.
COLLECTOR
Any person, persons, firm, corporation, partnership or company contracted to collect, haul or dispose of refuse from any source whatsoever.
COMMERCIAL ESTABLISHMENT
Those properties used exclusively for commercial, industrial or other nonresidential purposes (excluding churches) or those multiple dwelling residential buildings containing more than six dwelling units.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, socials, picnics and organized sporting events attended by 200 or more individuals per day.
CONDOMINIUM
An apartment building or housing area in which the living units are owned individually.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people such as hospitals, schools, day-care centers, universities and nursing homes.
LEAF WASTE
Leaves from trees and garden residues, but not including grass clippings.
MIXED USE HOUSING PROPERTY
A property which contains a single nonresidential use combined with not more than six dwelling units.
MULTIFAMILY HOUSING PROPERTY
Any property or condominium having more than six dwelling units.
MUNICIPAL COLLECTION
The collection of municipal waste as herein provided from all residences, mixed use housing properties, and churches of the Borough of Pottstown, which municipal waste is generated by that property, with the exception of industrial properties, commercial properties and apartment building(s), with the exception of multifamily housing properties containing more than six dwelling units.
MUNICIPAL ESTABLISHMENTS
Any public facilities operated by the Borough and other governmental and quasi-governmental authorities.
MUNICIPALITY
The Borough of Pottstown.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the 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 water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
PERSON
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 Part 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.
RECYCLABLE MATERIALS
Materials generated by business or consumers which can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclables include the following: clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, junk mail and other paper board products (i.e., cereal boxes), and plastics (Nos. 1 through 7). Recyclable material must be free from contamination that would affect its reuse. The list of recyclable materials may be changed from time to time by resolution of the Borough.
RECYCLING
The collection, separation, recovery and sale or reuse of recyclable materials, yard materials and/or leaf waste which would otherwise be disposed of or processed as municipal waste, and creation and recovery of reusable materials other than fuel for the operation of energy.
RECYCLING CONTAINER
A container issued by the Borough to each resident designated for the purpose of storing and disposing of recyclable materials, which container shall remain the property of the Borough and remain with the residence following any conveyance of the property to a new owner.
RESIDENCE(S)
Any single-family attached or detached dwelling or multiple dwellings having not more than six units from which the Borough collects municipal waste.
SINGLE STREAM RECYCLABLE MATERIAL
All approved material is stored in a single collection container for the purpose of being recycled.
YARD MATERIALS
Prunings and other natural organic matter discarded from yards and gardens, including leaf waste, but not including grass clippings.