[Adopted 5-14-2013 by Ord. No. 9-2013[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
I, Recycling, adopted 9-8-1987 by Ord. No. 13-1987, as amended.
This article shall be known as the "Borough of Moosic's Recycling
Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers of steel and aluminum.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than six dwelling units.
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
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, automotive glass, blue glass and porcelain and ceramic
products.
Any person and/or company who collects within the Borough
of Moosic any recyclable materials.
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.
Include but are not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings but not including grass clippings.
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 six or more dwelling units per structure.
Public facilities operated by the municipality and other
governmental and quasi-governmental entities.
The Borough of Moosic.
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.
Owners, lessees and occupants of residential dwellings, commercial
or institutional establishments and shall include individuals and
business entities.
Empty plastic food and beverage containers and detergent
containers.
Any product generated by a business or consumer which has
served its intended use and which has been separated or diverted from
solid waste for the purposes of collection, recycling and disposition.
The term includes industrial by-products that would otherwise go to
disposal or processing facilities. The term does not include internally
generated scrap that is commonly returned to industrial or manufacturing
processes.
Source-separated recyclable materials, including materials
listed in Section 1501 of Act 101,[1] and materials identified by the municipality to be recycled.
Any occupied single-family or multifamily dwelling having
up to six dwelling units per structure for which the municipality
provides municipal waste collection service.
Businesses within the Borough of Moosic employing 15 or less
individuals.
Those materials separated from municipal waste at the point
of origin for the purpose of recycling. The term is limited to clear
glass, colored glass, aluminum, steel and bimetallic cans, high-grade
office paper, plastics and other marketable grades of paper.
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.
[1]
Editor's Note: See 53 P.S. § 4000.1501.
B.
Each occupant or owner of a Residential Dwelling, which municipal
waste is collected by the Borough or under a contract by its designated
agent, shall separate, store and prepare for collection the following
items; provided that the items listed in the subsections below shall
not be combined with regular municipal waste, but the items contained
in each subsection may be commingled with the other items in said
subsection:
A.
Each commercial and institutional establishment and commercial activity
shall separate and store until collection in receptacles separate
from those used for municipal waste, the following materials: high-grade
office paper, cardboard, aluminum cans, bimetallic cans, plastic containers
and corrugated paper; and may recycle other materials listed elsewhere
in this article.
B.
Each commercial and institutional establishment shall provide the
Borough with written evidence of compliance herewith and provide the
Borough on January 30 of each year the tonnage collected for the prior
year.
C.
The Borough of Moosic shall supply any and all reporting forms at
least by December 30 of each year and upon request of the owner of
a commercial and institutional establishment.
D.
Any hauler which collects recyclable materials from any commercial
and/or institutional activity located within the Borough of Moosic
will keep records as to the types of recyclable, amount of material
collected, the amount by weight of the material collected and the
location or place where said recyclable material was sent for recycling.
E.
Any hauler which collects recyclable materials from any commercial
and/or institutional activity located within the Borough of Moosic
shall be required to register with the Borough of Moosic.
F.
The Borough is authorized to establish a registration fee for a hauler
when registering and such fee will be set by resolution.
A.
Each and every small commercial establishment located within the
Borough of Moosic shall be allowed to participate in the Borough's
small commercial establishment recycling program.
B.
Any small commercial establishment wishing to partake in said program
shall file an application with the Borough of Moosic setting forth
the name and address of the business and the type of material that
the Borough of Moosic will be recycling.
C.
The initial charge for said recycling by the Borough of Moosic shall
be $120 per year payable with the application.
D.
If the Road Commission determines that the amount of recyclable material
collected from any one small commercial establishment is excessive
in quantity the Borough shall determine a specific rate based on weight
collected and time involved.
E.
The Borough can at any time cease collection from a small commercial establishment if the Road Commission determines that the volume of material collected and time involved places a burden on the Borough. Before terminating collection under this Subsection E, the Borough shall send notice to the owner and allow him the opportunity within 10 days of receipt of said notice to meet with the Borough relative to the termination of service.
All municipal establishments shall separate, store and place
for collection by the Borough or other authorized agent as scheduled,
the following materials in approved receptacles, separate from municipal
waste: high-grade office paper, aluminum cans, corrugated paper, newspaper
and leaf waste.
A.
Each occupant or owner of Multi-family Housing Properties shall separate,
store and prepare for collection the following:
(1)
Containers. The following items shall be separated from other refuse.
The following shall be rinsed and cleaned of particles and labels
removed and stored in a separate container, but the items listed under
this section may be commingled:
B.
The collection thereof shall occur not less often than once per month.
C.
Each owner of multifamily housing shall provide the Borough with
written evidence of compliance herewith and provide the Borough on
January 30 of each year the tonnage collected for the prior year.
D.
The Borough of Moosic shall supply any and all reporting forms at
least by December 30 of each year and upon request of the owner of
a multifamily housing property.
All persons whose municipal waste and/or recyclable materials
are collected by the Borough of Moosic shall comply with the following
provisions:
A.
Trash and debris shall be placed in metal or heavy-duty plastic containers,
boxes or plastic bags secured by a lid or securely tied with a total
weight not to exceed 50 pounds.
B.
Large nonmetal items such as furniture, rugs and mattresses may be
picked up by the Borough at times scheduled in regulations adopted
by the Borough.
C.
Receptacle requirements. All receptacles required herein shall be
supplied by the occupant or owner of the premises and placed prior
to collection between the curb and sidewalk where they shall be readily
accessible to the collector. The occupant or owner shall keep all
receptacles clean and in condition for safe handling. Receptacles
or other items to be disposed of shall be placed outside after 6:00
p.m. of the day immediately preceding the day of collection. After
collection any empty containers shall be moved from curbside promptly
but not later than 7:00 p.m. of the day of collection.
A.
The following items are hereby prohibited from being included in
municipal waste for pickup by the Borough of Moosic:
(1)
Lead-acid batteries.
(2)
Any type of batteries.
(3)
Tires.
(4)
Any type of electronic product or equipment.
(5)
Any type of liquid.
(6)
Any type of paint.
(7)
Propane tanks or gas tanks.
(8)
Any type of syringes and/or needles.
(9)
Any other item that the collector determines is not allowed to be
deposited in a landfill or is a danger to the individuals collecting
said product.
B.
Paint cans can be deposited in municipal waste, provided that it
is mixed with cat litter and allowed to harden.
C.
No person shall dispose of lead acid batteries with municipal waste
or other recyclables. Such batteries shall be delivered to an approved
recycling center or to the retailer of origin or exchanged at the
time a new one is purchased.
All municipal solid waste and recyclable materials placed by
any resident for collection by the Borough pursuant to this article
or regulations hereunder shall immediately become the property of
the Borough, unless another collector has been authorized by the owner
to make collection and the Borough is told in writing of such provision
and no objection is made. Each unauthorized collection from a residence
in violation shall constitute a separate offense, punishable as hereinafter
provided.
A.
The Code Enforcement Officer, any police officer or health officer
are authorized to enforce this article and regulations enacted thereunder.
B.
Any person who violates any provision of this article shall upon
conviction, be sentenced to pay a fine of not more than $600 per violation
and costs.
C.
The Borough reserves the right not to collect municipal solid waste
containing recyclable material in combination with nonrecyclables.
D.
To encourage recycling, other collectors authorized to receive recyclables
may pass on to persons recycling a part of any moneys received from
the sale of the same or may establish other incentives not prohibited
by law. Those who recycle with the Borough will benefit by less refuse
going to the landfill and smaller tipping fees.
The Borough shall utilize the personnel and equipment of the
Borough to collect recyclables. All recyclables shall be sent pursuant
to contract to the Lackawanna County Recycling Center. No other person
shall collect recyclables from eligible residents without the prior
written approval of the Borough. If the Center is not available, then
the appropriate officials of the Borough are hereby authorized to
seek bids, negotiate and enter into agreements to dispose of recyclables
until such time as the Center is available. Recyclables collected
by other collectors shall be taken to a recycling facility. No person
shall dispose of recyclables or municipal waste by incineration or
in landfills.
Nothing herein is intended to restrict existing recycling operations
which existed in the Borough of Moosic on or before the effective
date of this article. Such operation must inform the Borough in writing
of the annual number of tons of recyclable materials recycled by type.
The Borough of Moosic will use the following approaches in its
public information and education program:
A.
The Borough will include in its semiannual newsletter information
relating to recycling.
B.
Businesses will be contacted by mail or personally with informational
material and audit forms.
C.
Information and education will also take place in partnership with
the Lackawanna County Recycling Education Program.
D.
In addition to posting information in the newsletter, information
will be disseminated to the public either through newspaper, radio
or television announcing recycling schedules.
E.
The Borough will include in its newsletter information relating to
recycling.
F.
The Borough will also include information on its website relative
to recycling.