[Adopted 7-24-1989 by Ord. No. 1017 (Ch. 1049 of the 1979
Codified Ordinances)]
This article shall be known as the "Bellefonte Borough Recycling
Ordinance," and the same may be cited in that manner.
The Borough, recognizing that the reclamation of recyclable
materials has become an important method for addressing the growing
solid waste disposal problem through conservation of landfill space,
preservation of natural resources and a reduction in energy consumption,
does hereby authorize the storage, collection and transportation of
recyclable materials in accordance with the Municipal Waste Planning,
Recycling and Waste Reduction Act (Act No. 101), the Centre County Solid Waste Management
Plan, and this article. This article is intended to be an integral
part of an overall system designed to facilitate recycling and foster
the cooperation of the residents.
As used in this article, unless the context clearly indicates
otherwise, the following terms shall have the meanings indicated:
AUTHORITY
The County Recycling and Refuse Authority.
COLLECTOR
For purposes of collecting and transporting recyclables,
means the County Recycling and Refuse Authority or its authorized
agent.
COMMERCIAL ESTABLISHMENT
Any premises, including, but not limited to, those engaged
in retail trade or sale of goods. Expressly included are all restaurants
and taverns, all industrial or manufacturing businesses, and all types
of offices.
COMMUNITY ACTIVITIES
Refers to church, school, civic, service group, municipal
functions and all other such functions.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
CURBSIDE RECYCLING COLLECTION
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
DROPOFF SITES
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
DWELLINGS
Shall be defined as follows:
A.
MULTIFAMILY HOUSING FACILITYA building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.
D.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with
the responsibilities of administering this article, or such official's
authorized representative.
GLASS CONTAINERS
Bottles and jars made of clear, green or amber glass. Expressly
excluded are noncontainer glass, automobile glass, plate glass, blue
glass, lead crystal, and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
INSTITUTIONAL ESTABLISHMENT
A facility that houses or serves groups of people, such as
a hospital, school, day-care center or nursing home.
LEAD ACID BATTERIES
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
MAGAZINES
Matter containing written pieces published at fixed or varying
intervals, printed on slick or glossy paper which contains contaminants
not found in newsprint.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
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.
Also included is 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. "Municipal waste" does not include source-separated recyclable
materials.
NEWSPAPERS
Paper of the type commonly referred to as newsprint, distributed
at fixed intervals and having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded
are glossy advertising inserts, often included with newspapers, as
well as newspapers which have been soiled.
OCCUPANT
Any person, including domestic service employees, living
and/or sleeping in a dwelling unit.
PERSON
Any individual, partnership, municipal waste hauler, scrap
dealer, corporation, association, institution, cooperative enterprise,
municipality, municipal authority, federal government or agency thereof,
state institution or agency thereof, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. In
any provisions of this article prescribing a fine, imprisonment or
penalty, or any combination of the foregoing, "person" shall include
the officers and directors of any corporation or other legal entity
having officers and directors.
RECYCLABLE MATERIALS
Any used material having an economic value in the secondary
materials market. This term includes, but is not limited to, the following
materials: aluminum cans and articles, bimetal cans, glass containers,
corrugated paper, magazines, computer printout paper, computer tab
cards, high-grade office paper, steel cans, newspaper, paper products
not chemically coated, plastic polyethylene terephthalate (PET) bottles,
plastic high-density polyethylene (HDPE) containers and other materials
designated by the County Recycling and Refuse Authority as having
value.
STEEL CANS
Empty all-steel and tin-plated-steel food and beverage containers.
Recyclable materials provided for in this article shall not be considered municipal waste and shall not be subject to those ordinances which require disposal of municipal waste at designated facilities. This exemption applies to recyclable materials collected by the County Recycling and Refuse Authority or its agents and delivered to the Authority's Intermediate Processing Facility for purposes of materials recovery. Recyclables separated, stored, collected or delivered in any manner other than the approved methods listed in the Authority regulations authorized by §
482-8 shall be considered municipal waste and are subject to the appropriate ordinances.
No person shall place a used lead acid battery in mixed municipal
solid waste or discard or otherwise dispose of a lead acid battery,
except by delivery to an automotive battery retailer or wholesaler,
to a secondary lead smelter permitted by the Environmental Protection
Agency, or to a collection or recycling facility authorized under
the laws of the commonwealth.
All persons who reside in residential dwellings and all persons
who are responsible for the administration of multifamily housing
properties or commercial, municipal or institutional establishments
who gather leaves shall separate all leaf waste from other waste and
place it for collection at the times and in the manner theretofore
or hereafter prescribed by the Borough. Nothing herein shall require
any person to gather leaves or prevent any person from utilizing leaves
for compost, mulch or other agricultural, horticultural, silvicultural,
gardening or landscape purposes.
The County Recycling and Refuse Authority is hereby authorized
and directed to establish and advertise regulations concerning:
A. Recyclables to be collected in each phase of the program;
B. The preparation of recyclable materials for collection in each program
phase;
C. The method of collection of recyclables in each program phase;
D. Scheduled days and times of collection in each program phase; and
E. The identification of residences to be served by curbside collection.
The Borough shall appoint an enforcement officer or officers
to enforce and administer this article.
The Borough intends to enter into an agreement with the County
Recycling and Refuse Authority to authorize the Authority to collect
all or part of the recyclable materials from curbside, dropoff or
other designated locations. Until the parties enter into such an agreement,
this article shall not be in effect.
Any person may donate or sell recyclable materials to individuals
or organizations unless or until such materials are placed at curbside,
in dropoff facilities or storage bins, or in similar locations intended
for collection by the County Recycling and Refuse Authority or its
agent.
This article shall be subject to all applicable federal, state
and local laws and ordinances as well as rules and regulations as
set forth by the Department of Environmental Protection of the commonwealth.
[Added 12-16-1991 by Ord. No. 1058]
A. The recycling charge for services provided for in this article shall
be established by resolution of Borough Council.
B. The provisions of §
482-32, including the definitions and formulas contained therein, are hereby included in this section by reference.
[Adopted 1-2-2007 by Ord. No. 1206 (Ch. 1048 of the 1979
Codified Ordinances); amended in its entirety 9-6-2011 by Ord. No. 090611.]
As used in this article, unless the context clearly indicates
a different meaning, the following terms shall have the meanings indicated:
ASHES
The residue from the burning of wood, coal, coke and other
combustible materials for the purpose of heating and cooking.
BUILDING DEBRIS
Any accumulated building materials resulting from construction
or reconstruction on a property.
COMBUSTIBLE REFUSE
Includes all paper, straw, excelsior, rags, rubber and such
other refuse as may result from ordinary housekeeping or commercial
pursuits and which may be burned by fire, excluding garbage.
COMPOSTABLE MATERIALS
Organic material, which, when decayed, is used for fertilizing
and conditioning of land and for purposes here, shall be defined as
including leaves, grass clippings, brush and small tree limbs under
two inches in diameter.
CONTAINER
Container provided to each resident. These containers are
the property of the Borough of Bellefonte and must be left at the
residence upon moving out.
CUSTOMER
A person who is receiving refuse service on a weekly basis
and who is on regular quarterly or annual billings.
GARBAGE
The animal or vegetable refuse from the storage, preparation,
cooking and consumption of food.
MULTIPLE-USE BUILDING
Any building being used for more than one purpose, such as
apartments, offices of commercial units, or any combination thereof.
NONCOMBUSTIBLE REFUSE
Consists of all discarded articles or materials except sewage,
liquid waste, garbage and combustible refuse.
RECYCLABLE MATERIAL
Material in the waste stream which has recapture value designated
by Council or by the Centre County Recycling and Refuse Authority,
which materials shall be collected separately from rubbish and is
not subject to the provisions of the Municipal waste ordinance.
REFUSE
Garbage, ashes, or rubbish.
RUBBISH
All waste materials not included in the definition of garbage,
except building rubbish from building construction or reconstruction,
industrial refuse, dead animals, abandoned large vehicles or other
machinery, or such other waste materials as are not commonly produced
in homes, stores and institutions. Also excluded from the term "rubbish"
are materials designated as recyclable. These designated materials
may vary from time to time, depending on the different markets for
their reuse. Recyclable material will be designated by Council or
by the Centre County Recycling and Refuse Authority.
SPECIAL COLLECTION
Any collection of objects, other than collections on the
regular refuse route, that do not fit into the Borough-provided refuse
containers, such as furniture, white goods, etc.
WHITE GOODS
Items like refrigerators, hot-water heaters, washers and
dryers.
All refuse produced and accumulated in the Borough shall be
collected, transported and disposed of only by the Refuse Collection
Department of the Borough. The Department shall be the sole and exclusive
agency for such collection, transportation and disposal. No other
person shall collect, transport or dispose of refuse in the Borough.
Recyclables which are not part of the Municipal Waste Ordinance shall
be collected in a manner approved by Council.
[Amended 10-15-2012 by Ord. No. 10152012-001]
A. All residents
shall be required to use Borough-provided containers. All containers
for garbage or rubbish shall be provided by the Borough and shall
be kept watertight by the resident. The Borough shall provide the
homeowner with the first container at no expense. Should a resident
require one additional container, the resident may purchase it from
the Borough at the Borough's current cost for the container.
Should the customer have on occasion an event knowing more garbage
and/or rubbish will be generated (e.g., holiday, graduation party,
moving, yard cleanup, additional rubbish, etc.), he may contact the
Borough in advance and, for a nominal fee, rent containers on a temporary
basis. The rental fee shall be set by resolution but will only cover
the cost of delivery and pickup of the container; no additional cost
for refuse will be charged. All containers shall be kept as clean
as possible and shall be replaced by the customer when they are no
longer in good condition. The refuse crew will provide notice of needed
container replacement by tie-on tag, sticker or card.
B. The storage
of all garbage or rubbish shall be practiced so as to prevent the
attraction, breeding or harborage of insects or rodents and to prevent
conditions which may create potential hazards to the public health
or which may create fire and other safety hazards, odors, unsightliness
or public nuisance. Any person accumulating or storing garbage or
rubbish on private or public property in the Borough for any purpose
whatsoever shall place the same, or cause the same to be placed, in
sanitary closed containers supplied by the Borough for that purpose.
Storage in other containers and/or bags is not permitted. All garbage
and rubbish, before being placed in the container(s), shall have all
liquids drained, and the lids must be kept closed. Garbage must be
placed in plastic or paper bags prior to being placed in containers.
Small loose rubbish shall be secured by bags, bundles or boxes.
[Amended 6-15-2015 by Ord. No. 06152015-02]
Ashes shall be placed in containers not larger than five gallons
in capacity and shall be provided by the customer. Ash containers
shall be metal. Ash containers shall be picked up separately on Wednesdays,
beginning November 1 through March 31. Ash containers must be placed
at the curb in front of the residence.
Refuse shall be collected from premises at such intervals and
according to a schedule determined and established from time to time
by Council. Such schedule may provide for more frequent collection
from restaurants, hotels and other businesses and institutions producing
large quantities of garbage and/or other refuse than from dwellings,
and such schedule may also require that special kinds of refuse of
unusual bulk, shape, size, quantity or nature be withheld from the
regular collection and be collected separately at a special collection.
Vehicles used by refuse collectors shall be fully enclosed packer-type
vehicles and shall be cleaned at frequent intervals to prevent any
nuisance by odors. Where disposal is made by transportation of covered
cans, other types of vehicles may be used. Recyclables which are not
part of the Municipal Waste Ordinance shall be collected in a manner
approved by Council.
All refuse accumulated and collected by the Borough shall be
disposed of in a sanitary landfill or other licensed facility for
refuse disposal. Ownership of material placed at the curb for collection,
including recyclables, shall be vested in the Borough. The collection
of these items shall be at the direction of Council.
Any unauthorized accumulation of refuse amounting to a public nuisance is prohibited. Failure to remove the same within two days after notification to the owner or occupier of the premises by Council or its representative shall be a violation of this section, and in addition to other penalties provided in §
482-33, the Borough may authorize the collector to remove the refuse, and the expense thereof, plus any additional charge authorized by law, shall be collected from the owner or occupier either by an action in assumpsit or by the filing of a municipal claim.
The burning of garbage and/or rubbish of any kind is prohibited
in the Borough.