[Ord. 1240-00, 6/12/2000, § 201; as amended by
Ord. 1357-08, 12/8/2008]
The short title of this Part shall be the "Borough of Gettysburg
Recycling Ordinance," and the same may be cited in that manner. This
Part is an ordinance of the Borough of Gettysburg, Adams County, Pennsylvania,
establishing a program for recycling, including mandatory source separation
and separate collection of designated recyclable materials; providing
for the regulation of collectors; prohibiting the disposal of designated
recyclable materials and leaf waste with municipal waste; prohibiting
the burning of designated recyclables and leaf waste; empowering the
Borough of Gettysburg to adopt and promulgate reasonable regulations
thereof; and fixing penalties for violation of this Part. It contains
regulations applicable to collectors of recyclables, individuals,
commercial, municipal and institutional establishments, and community
activities.
[Ord. 1240-00, 6/12/2000, § 202; as amended by
Ord. 1357-08, 12/8/2008]
The following words and phrases used throughout this Part shall
have the following meanings:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act, P.L. 101, as amended.[1]
A collector authorized by the Borough by means of the issuance
of a permit to collect recyclable materials from residential, commercial,
municipal and institutional establishments within the Borough.
Empty beverage or food cans made entirely of aluminum.
A collector contracted with the Borough to collect recyclable
materials from residential, commercial, municipal and institutional
establishments.
Empty food or beverage containers consisting of steel and
aluminum.
The Borough of Gettysburg, Adams County, Pennsylvania.
An individual, partnership, firm, corporation or business
entity designated as a collector by the Borough Council by means of
an independent contract to collect recyclable materials within the
Borough, but it shall not be construed as meaning that said person
is an employee, official or representative of the Borough.
The Borough Council of the Borough of Gettysburg, Adams County,
Pennsylvania.
The use of any premises as other than a dwelling, and shall
include hotels, boarding- and lodging houses, tourist cabins, motels
and trailers. The term "commercial establishment" shall also include
any multifamily residences occupied by more than three families.
Events sponsored in whole or in part by the Borough, or conducted
within the Borough and sponsored privately, which include but are
not limited to fairs, bazaars, socials, picnics, and organized sporting
events that will be attended by 200 or more individuals per day.
The microbial degradation of organic waste to produce a relatively
nuisance-free product of potential value as a soil conditioner.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated food or beverage containers.
Bottles and jars made of clear, green, amber or brown glass.
Expressly excluded are noncontainer glass, plate glass, automotive
glass, light bulbs, blue glass, porcelain and ceramic products.
Any waste which, by mixture of its quantity or content, presents
a hazard to the individuals handling it, a hazard to public health
or a source of potential pollution to the air or waters of the Commonwealth
of Pennsylvania or which makes land unfit or undesirable for normal
use, including but not limited to herbicides, explosives, pathological
wastes, radioactive materials and any materials defined as hazardous
wastes by federal or state law or regulations.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Municipal waste which, unless processed, disposed of, stored,
collected or transported in accordance with this Part, is or may be
contaminated by a disease-producing microorganism or material or may
harm or threaten human health. The term includes the following wastes,
unless they are generated by individual residences:
Wastes generated by hospitalized patients who are isolated,
or on blood and body fluid precautions, in order to protect others
from their severe and communicable disease.
Cultures and stocks of etiologic agents.
Animal waste blood and animal products which are known or are
suspected to contain contagious zoonotic pathogens and all human waste
blood and blood products.
Tissues, organs, body parts, blood, fetal remains and body fluids
that are removed during surgery and autopsy.
Wastes generated by surgery or autopsy of septic cases or patients
with infectious disease.
Wastes that were in contact with pathogens in any type of laboratory
work.
Sharps.
Wastes that were in contact with blood of patients undergoing
hemodialysis at hospitals or independent treatment centers.
Carcasses and body parts of animals exposed to contagious zoonotic
pathogens.
Includes but is not limited to automotive, truck and industrial
batteries that contain lead.
Leaves, garden residue, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
Printed matter containing miscellaneous written pieces, published
at fixed or varying intervals.
Any properties having three or more dwelling units per building.
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
The Borough of Gettysburg, Adams County, Pennsylvania.
Garbage, rubbish, refuse, ashes, debris, industrial lunch-room
or office waste and other material, including solid, liquid, semisolid
or contained gaseous material, resulting from operation of residential,
municipal, commercial or institutional establishments or from community
activities and any sludge not meeting the definition of "residual
waste" or "hazardous waste" under 25 Pa.Code § 27.1, from
a municipal, commercial or institutional water supply treatment plant,
wastewater treatment plant or air-pollution control facility. This
term does not include source-separated recyclable material, residual
waste or hazardous waste.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded
are newspapers which have been soiled, color comics and glossy advertising
inserts printed in colors other than black and white which are often
included with newspaper.
Any individual, owner, lessee and occupant of a residence,
commercial or institutional establishment, partnership, corporation,
association, institution, cooperative enterprise, municipal authority,
federal government or agency, state institution or agency, or any
other legal entity whatsoever which is recognized by the law as the
subject of rights and duties.
Empty plastic food and beverage containers or detergent bottles.
Due to the wide variety of types of plastics, the Borough may stipulate
specific types of plastic which may be recycled.
Those materials that may be processed or refabricated for
re-use and are specified by the Borough and the county for separation
from municipal waste. Such materials may include but not be limited
to aluminum cans, bimetal or tin containers, clear and colored glass
containers, corrugated paper, newspapers and plastic containers and
any other items designated by the Borough or as specified in future
revisions to Act 101. Recyclable materials designated by the Borough
may be revised from time to time as deemed necessary by the Borough.
The collection, separation, recovery and sale or reuse of
recyclable materials which would otherwise be disposed of or processed
as municipal waste.
A person appointed by the Borough Manager to be a single
point of contact, responsible for recycling planning, recycling data
collection and reporting recycling program performance.
Any occupied single- or two-family dwellings.
Any customer, whether a commercial establishment, dwelling
or dwelling unit or a special event, normally requiring fewer than
three thirty-two-gallon containers per week to hold municipal waste
to be collected.
Those materials separated at the point of origin for the
purpose of being recycled.
Removal from any site or location of any recyclable materials
at any time after generation thereof.
A material whose 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.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Ord. 1240-00, 6/12/2000, § 203; as amended by
Ord. 1357-08, 12/8/2008]
1.
The Borough hereby establishes a recycling program for the mandatory
separation and collection of recyclable materials and the separation,
collection and composting of leaf waste from all residences and all
commercial, municipal and institutional establishments, and community
activities located in the Borough. Collection of the recyclable materials
shall be made weekly by a Borough collector or an authorized agent
of the Borough. The recycling program shall also contain a sustained
public information and education program.
[Ord. 1240-00, 6/12/2000, § 204]
Disposal by persons of lead acid batteries, hazardous waste
or infectious waste with source-separated recyclable materials is
prohibited and shall be a violation of this Part.
[Ord. 1240-00, 6/12/2000, § 205; as amended by
Ord. 1357-08, 12/8/2008]
1.
All persons who are residents of the Borough shall separate any recyclable
materials designated by the Borough from any municipal waste produced
at their homes, apartments and other residential establishments, shall
store such materials for collection and shall place same for collection
in accordance with the guidelines established hereunder.
A.
All residential customers must separate recyclable materials from
municipal waste. Recyclable materials shall be placed for collection
at the location where municipal waste is placed for collection, in
distinctive containers available from the Borough, the Borough collector
or any authorized agent of the Borough or other containers approved
by the Borough, its collector or an authorized agent of the Borough.
Recycling bins obtained from the Borough shall remain the property
of the Borough.
B.
An owner, landlord, manager or agent of an owner, landlord or manager
of a multifamily housing property with more than three units may comply
with its recycling responsibilities by establishing a collection system
at such property. The collection system must include suitable containers
for collecting and sorting the recyclable materials, easily accessible
locations for the containers and written instructions to the occupants
concerning the use and availability of the collection system.
2.
All persons must separate leaf waste from other municipal waste generated
at their homes, apartments and other residential establishments, as
well as all persons who are responsible for administration of multifamily
housing properties, commercial, municipal and institutional establishments,
until collection for the purposes of composting, unless those persons
have otherwise provided for the composting of leaf waste. Leaf waste
shall be placed for collection at the times and in the manner hereafter
prescribed by the Borough. Nothing herein shall require any person
to gather leaves for compost, mulch, or other agricultural, horticultural,
silvicultural, and gardening or landscaping purpose. Nothing herein
shall prevent any person from utilizing leaf waste for compost, mulch
or other horticultural purposes.
3.
Persons must separate high-grade office paper, aluminum cans, corrugated
paper, leaf waste and such other materials as may be designated by
the Borough generated at commercial, municipal and institutional establishments
and from community activities and store such recyclable materials
until collection.
4.
All employees, users (patrons) and residents of commercial, municipal
and institutional establishments must be informed of the recycling
program. The education program should describe the program's
features and requirements and should include, at a minimum, an annual
program meeting and an orientation to the program upon the arrival
of a new employee or resident. Receptacles should be clearly marked
with the recycling symbol and the type of recyclable material that
is to be placed in the receptacle, and signs should be prominently
displayed stating the requirements of the program.
[Ord. 1240-00, 6/12/2000, § 206; as amended by
Ord. 1357-08, 12/8/2008]
All recyclable materials placed by persons for collection by a Borough collector or an authorized agent of the Borough pursuant to this Part shall, from time of placement, become the property of the Borough collector or authorized agent of the Borough, except as otherwise provided by § 20-208 of this Part. Nothing in this Part shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed for collection.
[Ord. 1240-00, 6/12/2000, § 207; as amended by
Ord. 1357-08, 12/8/2008]
It shall be a violation of this Part for any person, firm or
corporation, other than a Borough collector or an authorized agent
of the Borough, to collect recyclable materials placed by residences
for collection or for another collector to collect recyclable materials
placed by commercial, municipal and institutional entities. In violation
hereof, unauthorized collection from one or more residences or commercial,
municipal and institutional establishments on one calendar day shall
constitute a separate and distinct offense punishable as hereinafter
provided.
[Ord. 1240-00, 6/12/2000, § 208; as amended by
Ord. 1357-08, 12/8/2008]
1.
Any generator thereof may donate or sell recyclable materials to
any person, firm or corporation, whether operating for profit or not;
provided, however, that the receiving person, firm or corporation
shall not collect such recyclable materials from the collection point
of a residence unless it is either a Borough collector or an authorized
agent of the Borough.
2.
In order to become an authorized agent of the Borough, haulers collecting
recyclable materials within the Borough must procure an annual permit
from the Borough and must provide proof of liability insurance with
minimum coverage in the amount of $1,000,000. The fee for the annual
permit shall be set from time to time by resolution of the Borough
Council.
4.
All collectors of recyclable materials must weigh all items collected
and file a report setting forth the weight of the recyclable materials
collected on a form to be developed by the Recycling Coordinator.
[Ord. 1240-00, 6/12/2000, § 209; as amended by
Ord. 1357-08, 12/8/2008]
Disposal by persons of recyclable materials with waste is prohibited
and shall be a violation of this Part. Collected recyclable materials
shall be taken by the collector to a recycling facility. Disposal
by collectors or operators of recycling facilities of source-separated
recyclable materials originating in the Borough in landfills or by
burning in incinerators is prohibited. No person shall process or
dispose of recyclable materials except at a recycling facility.
[Ord. 1240-00, 6/12/2000, § 210; as amended by
Ord. 1357-08, 12/8/2008]
1.
Effective upon approval by the Borough Council, the Recycling Coordinator
is hereby authorized and directed to make reasonable rules and regulations
for the operation and enforcement of this Part as deemed necessary,
including but not limited to:
A.
Establishing recyclable materials to be separated for collection
and recycling by residents and additional or other recyclable materials
to be separated by commercial, municipal and institutional establishments.
B.
Establishing collection procedures for recyclable materials.
C.
Establishing reporting procedures for amounts of materials recycled.
D.
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
E.
Establishing procedures and rules for the collection of leaf waste.
2.
Any person, firm or corporation who shall violate the provisions
of this Part shall receive an official written warning of noncompliance
for the first offense. Thereafter, all such violations shall be subject
to the penalties hereinafter provided.
3.
Except as hereinafter provided, any person, firm or corporation who
or which shall violate any of the provisions of this Part shall, upon
conviction, be sentenced to pay a fine of not less than $300 nor more
than $1,000, and costs and prosecution, for each and every offense.
Municipal waste containing recyclable materials in combination with
nonrecyclable materials shall not be collected.
[Ord. 1240-00, 6/12/2000, § 211]
The Borough may enter into agreements with public or private
agencies or firms to authorize them to collect all or part of the
recyclable materials from curbside.
[Ord. 1240-00, 6/12/2000, § 212]
The Borough may, from time to time, modify, add to or amend regulations adopted herewith and as authorized in § 20-210 of this Part.
[Ord. 1240-00, 6/12/2000, § 221; as amended by
Ord. 1357-08, 12/8/2008]
1.
The recyclable materials listed below are the minimum materials which
at this time must be separated from all other waste. Additional materials,
as approved by the Borough Council by subsequent resolution, may be
designated for recycling.
A.
Glass containers: food and beverage containers made of clear, green,
brown or amber glass; does not include window glass, drinking glasses,
blue-colored glass, light bulbs, Pyrex, ceramics, porcelain or pottery.
B.
Metal cans: all beverage and food cans made of aluminum, steel, tin
or bimetal (aluminum and steel).
C.
Plastic containers: containers made of plastic, including but not
limited to soda bottles, milk jugs, water bottles and detergent containers.
D.
Newspapers: clean newsprint; does not include soiled newspapers,
color comics, glossy advertising inserts, advertising inserts printed
in colors other than black and white, or magazines.
2.
All recyclable materials should be placed in a Borough of Gettysburg recycling bin or other such suitable container as per § 20-205 of this Part that distinguishes the materials from municipal waste. Materials need not be separated. Prepare recyclables as follows:
3.
Recyclable materials shall be placed for collection at the collection
location for garbage and refuse in a distinctive recycling bin. Recycling
bins are available at the Borough office and remain the property of
the Borough, or from a Borough collector or authorized agent of the
Borough, or can be purchased by the individual if approved by the
Borough and its collector. Residents of apartment buildings with three
or more units will have standard recycling bins in their apartments
and will be expected to dump these into a larger receptacle provided
by the landlord.
4.
Collection will be done every week on the same day as municipal waste
pickup. Residents shall not place recyclables with regular trash.
[Ord. 1240-00, 6/12/2000, § 222; as amended by
Ord. 1357-08, 12/8/2008]
1.
Materials listed below are the minimum materials that at this time
must be separated from all other waste. Additional materials, as approved
by the Borough Council by resolution, may be recycled.
A.
Aluminum containers: empty beverage or food cans made entirely of
aluminum.
B.
Glass containers: empty bottles and jars made of clear, green, amber
or brown glass; does not include noncontainer glass, plate glass,
automotive glass, light bulbs, blue glass, porcelain and ceramic products.
C.
Metal cans: all beverage and food cans made of aluminum, steel, tin
or bi-metal (aluminum and steel).
D.
Plastic containers: containers made of plastic, including but not
limited to soda bottles, milk jugs, water bottles and detergent containers.
E.
High-grade office paper: all white paper, bond paper and computer
paper.
F.
Corrugated paper: structural paper material with an inner core shape
in rigid parallel furrows and ridges.
2.
Establishments must arrange directly with the Borough collector or
an authorized agent of the Borough for the provision of storage containers
and collection. Establishment owners or managers are expected to notify
employees, customers, users or tenants, in the case of apartment buildings
of three or more units, of details of the recycling system as it applies
to their establishment.
3.
Recycling containers must be screened from view on the site of the
establishment.
4.
Collection shall be bimonthly or more frequently if required in writing
by the Recycling Coordinator.
5.
All establishments must use either the Borough collector or an authorized
agent of the Borough.
[Ord. 1240-00, 6/12/2000, § 223; as amended by
Ord. 1357-08, 12/8/2008]
1.
All Gettysburg Borough residents, commercial and institutional establishments
must separate leaf waste for collection by the Borough.
2.
Leaf waste consists of leaves, garden residue, shrubbery and tree
trimmings and similar materials, but not including grass clippings.
3.
Leaf waste and grass clippings may remain on residential, commercial
or institutional property or be composted, provided that the materials
do not harbor vermin or create odors. Otherwise, leaf waste should
be placed on the curb or behind the sidewalk, but not on the street,
at such specific times as designated by the Borough. Pickup will be
done by the Borough at a minimum of twice per year. Leaf waste may
not be disposed of in landfills or mixed with other waste but may
be disposed of at a Pennsylvania Department of Environmental Protection
approved composting facility.
4.
Collection times will be announced each spring and fall. Several
variables exist that make a definite schedule difficult. The number
of residents participating in leaf collection, the volume of leaves
to be picked up each day and Highway Department emergencies are unknown
factors. Special collections may be announced if there is serious
storm damage to trees.
[Ord. 1240-00, 6/12/2000, § 224; as amended by
Ord. 1357-08, 12/8/2008]
1.
The Recycling Coordinator is authorized and directed to make reasonable
rules and regulations for the operation and enforcement of the Borough
of Gettysburg Recycling Ordinance [Part 2A] as deemed necessary. The
Recycling Coordinator must notify the Borough Council of any proposed
changes which must be approved by the Borough Council.
2.
Any person, firm, or corporation who or which shall violate the provisions
shall receive an official written warning of noncompliance for the
first offense. Thereafter all such violations shall be subject to
the penalties hereinafter provided.
3.
Except as hereinafter provided, any person, firm or corporation who
or which shall violate any of the provisions of the Borough of Gettysburg
Recycling Ordinance [Part 2A] shall, upon conviction, be sentenced
to pay a fine of not less than $300 nor more than $1,000 and costs
of prosecution for each and every offense.
4.
Waste containing recyclable materials in combination with nonrecyclable
materials will not be collected.
[Ord. 1240-00, 6/12/2000, § 225; as amended by
Ord. 1357-08, 12/8/2008]
The provisions of this Part are severable; and if any section,
clause, part or provision hereof shall be held to be illegal, invalid
or unconstitutional by any court of competent jurisdiction, such decision
of the court shall not affect or impair the remaining sections, sentences,
clauses, parts or provisions of this Part. It is hereby declared to
be the intent of the Borough that this Part would have been enacted
if such illegal, invalid or unconstitutional section, sentence, clause,
part or provision had not been included herein.
