[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:
(1) 
Coordinating with local or municipal recycling programs.
(2) 
Undertaking the collection, transportation, processing and marketing of materials themselves.
(3) 
Entering into contracts with other persons for collection, transportation, processing and marketing of materials.
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.