[Ord. 2071, 12/29/2009]
The Borough hereby establishes a recycling program for the mandatory
separation and collection of recyclable materials, yard materials
and leaf waste from all residences, churches and mixed use housing
properties, in the Borough for which waste collection is provided
by the Borough or any other collector. Collection of the materials
to be recycled shall be made periodically by the Borough, its designated
agent, or any other municipal waste collectors operating in the Borough.
[Ord. 2071, 12/29/2009]
Guidelines establishing the manner, days and time of collection
of recyclable materials, yard materials and leaf waste, and the bundling,
handling, location and time of placement of such materials for collection,
are attached hereto and made a part hereof.[1] The Borough may, by resolution, modify, add to or remove
from the guidelines established herein.
[1]
Editor's Note: The current collection guidelines are on file
in the office of the Borough Secretary.
[Ord. 2071, 12/29/2009]
1.
All persons who are residents of the Borough (and do not live in
a multifamily housing property), churches, and mixed use housing properties
shall adhere to the following provisions concerning the separation
and collection of recyclable materials:
A.
Each residence, church, and mixed use housing property shall separate
recycling materials, yard materials, and leaf waste from all other
municipal waste produced at their home, apartment, or other establishment,
and store such material for collection and shall place such material
for collection in accordance with the guidelines established hereunder.
B.
All persons must separate yard materials from other municipal waste
generated at their houses, apartments and other residential establishments
and/or church facilities for collection, unless provision is made
for composting such material. Separated yard materials shall be placed
for collection in biodegradable paper bags. Yard materials placed
in plastic or other bags that are not biodegradable or raked or piled
in areas where municipal refuse is placed for collection or removal
will not be accepted. Grass clippings will also not be accepted.
C.
Each dwelling unit, church and non-residential use for a mixed use
housing property shall be supplied with a 65 gallon recycling container.
However, for mixed use properties, one 65 gallon recycling container
shall be provided for each two residential uses. Such recycling containers
shall be used exclusively to store and dispose of recyclable materials.
[Amended by Ord. 2073, 4/12/2010, § 4]
2.
The following requirements shall apply, where applicable, to multifamily
housing properties, commercial, industrial, municipal and institutional
establishments.
A.
All persons associated with the uses described above must separate
high-grade office paper, aluminum, corrugated paper and yard materials
generated at the property from community activities and store the
material until collection. A person may be exempted from this subsection
if the person submits documentation to the Borough annually indicating
that designated recyclable materials are being recycled in an appropriate
manner.
B.
For multifamily housing properties, owners, landlords, agents of
owners or landlords, and condominium associations shall appoint a
recycling coordinator to oversee the development and implementation
of a recycling program that includes: identification of recyclables
to be collected; a materials handling and storage plan; information
on markets or haulers; requirements for equipment and supplies; a
sustained educational program for residents; methods for evaluating
performance and costs; and, where feasible, procedures for procuring
goods, supplies, equipment and materials made with recycled content.
C.
Recyclable materials must be separated from municipal waste generated
at multifamily housing properties. Yard material must be separated
from all other wastes and composted, used as mulch or placed for collection.
Separated yard materials may be placed for collection in accordance
with dates advertised and by the following methods:
(1)
Leaf
waste shall be placed in approved biodegradable paper bags or cans.
Leaf waste placed in plastic or other nonapproved biodegradable bags
will not be accepted.
D.
The design of a collection system should reflect the site-specific
conditions at a complex. The collection system must include 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. Owners,
landlords, and agents of owners or landlords, and condominium associations
who comply with this Section shall not be liable for noncompliance
of occupants of their buildings.
E.
Owners, landlords, or agents of owners or landlords, and condominium
associations must provide for collection, transportation, processing
and marketing of recyclable materials by:
F.
Owners, landlords, or agents of owners or landlords, condominium
associations, and owners, operators, or agents of owners and operators,
of all such commercial, industrial, municipal and institutional establishments,
shall be required to comply with all other State rules, regulations
and requirements with respect to recycling. In addition, they shall
be required to submit an annual report to the Borough describing the
provisions for recycling of collected materials, including the type
and weight of materials recycled in the preceding year. The report
shall be submitted no later than February 1 of each calendar year.
3.
The owner, landlord, or agent of owner, in all cases, shall be responsible
to provide all necessary information concerning recycling to the tenants,
to insure that all rules, guidelines and regulations set forth in
this Part are followed and adhered to by any occupant or tenant or
of the property or establishment.
[Ord. 2071, 12/29/2009]
All recyclable materials, yard materials and leaf waste placed
by the resident for collection by the Borough pursuant to this Part,
and regulations hereunder, shall, from time of pickup, become the
property of the Borough, except as otherwise provided by § 211
of this Part.
[Ord. 2071, 12/29/2009]
It shall be a violation of this Part for any person, firm or
corporation, other than the municipality or one authorized by the
Borough, to collect recyclable materials, yard materials and leaf
waste placed by a resident for collection by the Borough, unless such
person, firm or corporation has prior written permission to make such
collection as set forth in § 211 of this Part. Each unauthorized
collection in violation hereof from one or more residences on one
calendar day shall constitute a separate and distinct offense, punishable
as hereinafter provided.
[Ord. 2071, 12/29/2009]
Any resident may donate or sell recyclable materials, yard materials
and leaf waste to any person, firm or corporation, whether operating
for profit or not, provided that the receiving person, firm or corporation
shall not collect such donated recyclable materials from the collection
point of a residence without prior written permission from the Borough,
or its authorized representative, to make such collection. In addition,
the Borough reserves the right not to collect municipal waste containing
recyclable materials in combination with nonrecyclable materials.
[Ord. 2071, 12/29/2009]
All collection containers are to remain the property of the
Borough and are to be used exclusively for the purpose of the recycling
program. In the event there is a change in occupancy at the location
where a container was issued, the container shall be given to the
new occupant to remain at the location. A lost or damaged container
will be replaced at a cost to be established by the Borough. The Code
Enforcement Officer shall verify that a sixty-five-gallon collection
container is present at the time of a property transfer inspection
or rental occupancy inspection. In the event the container is not
present at the time of the aforesaid inspection, the property owner
shall be billed the cost of replacing the sixty-five-gallon container,
and a new container shall be provided prior to the issuance of an
occupancy permit. The property owner shall be advised that the new
container needs to remain with the property. In the event the new
owner does not have a sixty-five-gallon container, it will be his
or her responsibility to replace the container. The cost to replace
the container shall be established and revised by resolution of Borough
Council from time to time.[1]
[1]
Editor's Note: See the Fee Schedule at the front of this volume.