[Adopted 11-5-1991 by Ord. No. 422 (Ch. 20, Part 3, of the
1993 Code)]
The short title of this article shall be the "Borough of Muncy
Recycling Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the
meanings indicated:
Empty all-aluminum beverage and food containers.
A person desirous of being authorized as a collector of source-separated
recycled materials.
Empty food or beverage containers consisting of steel and
aluminum.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
four or more dwelling units.
Church, school, civic, service group, municipal functions
and all other such functions.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated steel food or beverage containers.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automobile glass, blue glass and porcelain and ceramic
products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers and nursing homes.
Includes, but is not limited to, automobile, truck and industrial
batteries that contain lead.
Leaves from trees.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by the Borough of Muncy and other
governmental and quasi-governmental authorities.
The Borough of Muncy, Lycoming County, Pennsylvania.
A source-separation and collection program for recycling
municipal waste or source-separated recyclable materials or a program
for designated dropoff points or collection centers for recycling
municipal waste or source-separated recyclable materials that is operated
by or on behalf of the Borough. The term includes any source-separation
and collection program for composting yard waste that is operated
by or on behalf of the Borough. The term shall not include any program
for recycling construction/demolition waste or sludge from sewage
treatment plants or water supply treatment plants.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisement and other matters of public interest. Expressly
excluded are glossy advertising inserts included with "newspapers."
Owners, lessees and occupants of residences, commercial or
institutional establishments.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leave waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste or
the mechanized separation and treatment of municipal waste (other
than through combustion) and creation and recovery of reusable materials
other than as fuel for the operation of energy.
Any occupied single or multifamily dwelling having up to
three dwelling units per structure for which the municipality provides
municipal waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled, including those materials listed in Act
101 of the Commonwealth of Pennsylvania, 53 P.S. § 4000.101
et seq., and by the Borough to be recycled.
A material which has been used for its original purpose has
been completed and which is directed to a disposal or processing facility
or is otherwise disposed. The term does not include source-separated
recyclable materials or material approved by the Pennsylvania Department
of Environmental Protection for beneficial use.
A.
There is hereby established a program for the mandatory separation
of recyclable materials from solid waste by persons residing in single
dwellings or multifamily dwellings having up to and including three
dwelling units per structure.
B.
Muncy Borough shall be responsible for scheduling a day, at least
once a month, for collection of recyclable material. The Borough has
the authority to establish and modify this schedule and the responsibility
for communicating it to the residents of the Borough, along with the
authority to make regulations pursuant to this article.
A.
Residential dwellings.
(1)
Recyclable materials from residential dwellings shall be placed at
the curb or other designated place separate from solid waste for collection
or taken to dropoff sites at such times, dates and places as may be
herein established by regulation or resolution of the Borough. Materials
to be recycled are: clear glass, brown glass, green glass and aluminum
beverage containers and other materials as designated by the Borough.
(2)
The recyclable materials shall be placed in designated containers
which may be provided by the Borough and, if so provided, said containers
shall be and remain the property of the Borough and remain with the
residence, regardless of owner or tenant.
B.
Commercial, municipal and institutional establishments and community
activities.
(1)
Commercial, municipal and institutional establishments shall separate
and store, until collection, high-grade office paper, corrugated paper
and aluminum beverage containers, leaf waste and other materials deemed
appropriate according to the Borough. These establishments must arrange
for the collection of recyclable by a licensed recycling collector
who shall annually provide to the Borough of Muncy evidence of such
arrangement and documentation of the total number of tons recycled
by providing invoices of all materials collected from the establishments
that were marketed.
(2)
At all community activities, recyclable materials designated by the
Borough must be separated for collection. Sponsoring organizations
must arrange for the transfer of the materials to a recycling market.
C.
Multifamily housing properties. The Borough of Muncy shall allow
an owner, landlord or agent of an owner or landlord of multifamily
rental housing properties with four or more units to comply with its
responsibilities under this section by establishing a collection system
which 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 who comply with this article shall not be liable for the
noncompliance of occupants of their buildings. These landlords or
owners must arrange for the collection of recyclables by a licensed
recycler at least once a month. The licensed recycling collector shall
annually provide to Muncy Borough evidence of such arrangement and
documentation of the total number of tons recycled by providing invoices
of materials collected and marketed.
No person may place a used lead-acid battery in mixed municipal
solid waste, 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 administration of multifamily housing properties,
commercial, municipal and institutional establishments who gather
leaves shall source-separate all leaves from other waste and place
the leaves for collection at the times and in the manner theretofore
or hereafter prescribed by the Borough. Leaves are not to be incorporated
into the regular waste stream. 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.
A.
Ownership of any recyclable materials is retained by the owners,
lessees and occupants of residences, commercial or institutional establishments
until the materials are placed at curbside or a similar location for
collection. Thereafter, once the materials are placed at curbside,
they become the property of the Borough or its contract collector.
B.
It shall be a violation of this article for any person(s) unauthorized by the Borough under § 227-28 of this article to collect or pick up or cause to be picked up any such recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
C.
Nothing herein shall prohibit an individual from taking his/her source-separated
recyclable materials directly to a designated dropoff site or to market
in accordance with this article.
It shall be a violation of this article for the authorized collector
of recyclable materials to deliver such materials to a landfill or
incinerator for the purpose of disposal. The authorized collector
will provide to the Borough the weight receipts of the recyclable
materials collected and marketed.
The Borough of Muncy may enter into agreement(s) with public
or private agencies or firms to authorize them to collect all or part
of the recyclable material from curbside or from dropoff collection
points. The Borough of Muncy shall authorize by issuance of a business
license such other hauler(s) to collect and market source-separated
recyclable materials from multifamily dwellings, commercial and institutional
establishments within the Borough. All applications for licensing
shall be reviewed by the Borough and shall be approved with the following
criteria:
A.
Licenses may be issued to only those persons who can provide satisfactory
evidence that they are capable of providing the necessary services
and can comply with the provisions and intent of this article and
the rules and regulations established by Muncy Borough.
B.
At the time of application submission, the applicant shall indicate
that he has the appropriate type of closed or covered truck with which
to collect source-separated recyclable materials and shall provide
evidence that he carries sufficient liability insurance on the vehicle.
C.
Licenses shall be issued on a fiscal-year basis, but may be revoked
at any time by the Borough of Muncy for just cause in accordance with
the rules and regulations of the Department of Environmental Protection.
D.
Fees for such licenses shall be paid by the applicant to Muncy Borough
and said fees shall be on the basis of cost and covered in the rules
and regulations of Muncy Borough.
Any action by any person, firm, corporation or other entity
which violates this article or any regulations thereof shall be punishable
by a not to exceed $300 upon a first conviction; $400 upon a second
conviction; and $500 upon a third or subsequent convictions.
