[Adopted 12-12-1991 by Ord. No. 1214 (Ch. 65, Art. IV, of
the 1972 Code); amended in its entirety 1-22-2015 by Ord. No. 1379]
The Borough of Sharon Hill hereby establishes a program for
the reduction of the amount of solid waste that has been added to
the municipal solid waste program in Delaware County and the State
of Pennsylvania, and the conservation of certain recyclable material,
as defined herein, by the separation and collection thereof in the
Borough of Sharon Hill.
This article is adopted pursuant to Section 1501 of Act 1988-101
(approved July 28, 1988, by the Governor of the State of Pennsylvania).[1]
[1]
Editor's Note: See the Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S. § 4000.101 et seq.
As used in this article, the following definitions shall apply:
Containers comprised of aluminum, tin, steel, or a combination
thereof, which contain or formerly contained only nonaerosol substances.
All corrugated or other cardboard normally used for packing,
mailing, shipping or containerizing goods, merchandise or other material,
but excluding plastic, foam or wax-coated or soiled cardboard.
Printed material soliciting products for sale to the reader.
Includes all business and industrial uses but not residential
uses of property.
The district solid waste management plan for Delaware County
as approved by the Pennsylvania Department of Environmental Protection.
Any bottles or jars made from melted sand formed into a container.
Mail received but not for a specific purpose/container that
mail is mailed in.
Tree and plant leaves, garden residues, shrubbery and tree
trimmings and similar material, but not including grass clippings.
Magazines and other materials printed on similar paper.
The Borough of Sharon Hill.
A newspaper and other materials printed on newsprint.
Printing and writing papers not considered newspaper, including,
without limitation, printed white ledger and computer print and notebook
paper.
A heavier and thicker paper used as cereal boxes and beer
and soda carriers.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency (including but not
limited to the Department of General Services and the State Public
School Building Authority), 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, the term "person" shall include the
officers and directors of any corporation or other legal entity having
officers and directors.
Any plastic labeled with a SPI Code Number 1 through Number
7.
A program developed and provided by the municipality to inform
and encourage residents to use the recycling collection services.
Any materials established by the Borough Council from time
to time by resolution, which may include cans, cardboard, catalogs,
glass bottles/jars, junk mail/envelopes, magazines, newspaper, paper
(any grade), paperboard, plastic bottles, telephone/soft-covered books
and/or yard waste and any other materials which the Borough Council
may deem to be recyclable by resolution.
Any process by which material that would otherwise become
solid waste is collected, separated or processed and returned to the
economic mainstream in the form of raw materials or products.
The collection of recyclable materials from locations within
the municipality and the delivery of recyclable materials to a recycling
facility.
A container approved by the municipality for the storage
of recyclable materials. The container shall either be a recycling
container provided by the Borough or be clearly labeled with a label
provided by the Borough to identify the container as containing recyclable
material.
Any facility designed and operated solely for the receiving
and storing of materials that are to be returned to the economic mainstream
instead of becoming part of the solid waste stream.
Commingling of several recyclable materials into one container
for processing and pickup.
Waste, including but not limited to municipal, commercial,
institutional or industrial waste.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
Printed material with nonhardbound covers used for reading
or listing of phone numbers.
Tree limbs and branches may not exceed eight inches in diameter
or six feet in length; the term does not include leaves or grass clippings.
A.
Authority to establish regulations by resolution. The Borough Council
shall have the authority to adopt, modify and amend recycling regulations
from time to time by resolution, including, without limitation, regulations
regarding which recyclable materials must be recycled and regulations
requiring residents to source-separate recyclable materials and/or
place recyclable materials for collection through single-stream recycling.
Any regulations so adopted by the Borough Council shall be published
at least one time in a newspaper of general circulation in the Borough
and posted on the Borough's website. Violations of any such regulations
shall be deemed violations of this article and subject to the same
penalties hereunder.
B.
Residential property.
(1)
Except as otherwise herein provided, all persons owning or occupying
residential property in the Borough of Sharon Hill shall recycle all
recyclable materials (as determined by the Council by resolution from
time to time) generated at their homes, apartments and other residential
establishments in the Borough of Sharon Hill and place such materials
at locations designated by the Borough Council for collection by the
Borough of Sharon Hill or its agents, servants or contractors.
(2)
Recyclable materials shall not be separated into individual commodities
by residents. Collection of recyclable materials shall be done on
a single-stream basis.
(3)
Recyclable materials for collection shall be placed in recycling
containers and placed at the curbside on the day set by the Borough
Council.
(4)
Collections by the Borough of Sharon Hill of recyclable materials
shall be made in accordance with a schedule of areas and dates to
be publicly advertised by the Borough of Sharon Hill.
(5)
All recyclable materials placed by residents for collection pursuant
to the program established under this article shall be prepared for
collection in a secure manner to prevent such recyclable materials
from being blown about or otherwise scattered upon the streets or
private property within the Borough.
(6)
Multifamily residential properties with no more than four units shall
be served by the collection system operated by the Borough of Sharon
Hill.
(7)
The owners and occupiers of multifamily housing properties with more
than four units will not be served by the collection system operated
by the Borough of Sharon Hill but such persons must establish a system
for source separation, collection, transportation and recycling of
the materials designated by this article at each property within 30
days of the date of the Borough of Sharon Hill's publication
of an appropriate notice in a newspaper of general circulation within
the Borough of Sharon Hill. Arrangement for collection of designated
recyclables for disposition herein shall be the responsibility of
the owner or occupier of the property in which the recyclables were
generated and/or the person contractually obligated to the generator
to arrange for collection and disposal of its solid waste. Such arrangements
may include, without limitation, direct marketing of recyclables,
delivery to a dropoff, contracts with solid waste collectors/haulers
for separate or commingled collection of any or all designated recyclables
or contracts with other persons for separate or commingled collection
of any or all designated recyclables. The owner of a multifamily housing
property containing more than four units shall provide an appropriate
number of recycling containers at a sufficient number of dropoff points
to accommodate the amount of recycling generated by the property.
The Borough reserves the right to require the owner to provide additional
containers if the number of containers in place is not adequate. All
persons not served by the collection system operated by the Borough
of Sharon Hill must provide the Borough of Sharon Hill, before January
20 of each year, a written report stating the name of the hauling
contractor (if the property owner is using one) and the total weight
of each kind of material recycled during the previous calendar year
and any other relevant information required by the Borough of Sharon
Hill.
(8)
All owners/agents of multifamily residential properties (regardless
of the number of units) in the Borough shall be required to provide
notice to tenants of the Borough's mandatory recycling program
and to provide such notice, in writing, either by including language
in the lease notifying the tenant of the recycling obligation at time
of tenant change or lease renewal with the tenant or by prominently
posting written notice of the recycling obligation in the common area
of the building. This written notice shall be kept accessible for
inspection by the Borough official, if requested.
C.
Commercial and institutional establishments and community activities.
(1)
Except as specifically provided in this article, all persons occupying
commercial or institutional establishments or conducting community
activities in the Borough of Sharon Hill shall be subject to the same
duties and requirements of this article as owners and occupiers of
multifamily residential properties containing more than four units.
(2)
The Borough of Sharon Hill shall not be responsible for the collection,
transportation, processing or marketing of materials or contracting
for the collection, transportation, processing or marketing of materials
from commercial or institutional establishments or from community
activities; provided, however, that the owners or occupiers of commercial
office buildings may request to have the Borough collect recycling
materials from such properties on the same basis as residential properties
for which the Borough collects recycling materials for an annual fee
set by the Borough Council by resolution from time to time. The Borough
may elect to reject any such request if the Borough, in its sole discretion,
determines that the amount of recyclable materials generated from
such commercial office building is excessive or burdensome to the
Borough.
(3)
All persons owning or occupying commercial or institutional establishments
or conducting community activities within the Borough of Sharon Hill,
and all other persons not served by the collection system operated
by the Borough of Sharon Hill, must establish a system for source
separation, collection, transportation of designated recyclables at
each property within 30 days of the date of the Borough of Sharon
Hill's publication of an appropriate notice in a newspaper of
general circulation within the Borough of Sharon Hill. Arrangement
for collection of designated recyclables for disposition herein shall
be the responsibility of the person who generated the recyclables
and/or the person contractually obligated to the generator to arrange
for collection and disposal of its solid waste. Such arrangements
may include, without limitation, direct marketing of recyclables,
delivery to a dropoff, contracts with solid waste collectors/haulers
for separate or commingled collection of any or all designated recyclables
or contracts with other persons for separate or commingled collection
of any or all designated recyclables. The system must include suitable
containers for collecting and sorting materials at an easily accessible
location and written instructions to the occupants concerning the
use and availability of the system. All persons not served by the
collection system operated by the Borough of Sharon Hill must provide
the Borough of Sharon Hill, before January 20 of each year, a written
report stating the name of the hauling contractor (if the property
owner is using one) and the total weight of each kind of material
recycled during the previous calendar year and any other relevant
information required by the Borough of Sharon Hill.
D.
Leaves and yard waste.
(1)
Nothing herein shall prevent any person from utilizing leaves and
yard waste for compost, mulch or other agricultural, horticultural,
silvicultural, gardening or landscaping purpose.
(2)
No leaves or yard waste shall be commingled with other waste collected
by the Borough or its agents, servants or contractors. The Borough,
under regulations hereafter established, will collect leaves source-separated
by the owners or occupiers of properties served by the Borough's
trash collection program.
(3)
All other persons who are not served by the Borough's trash
collection program shall arrange for the separate disposal and processing
of leaves at a composting facility or an agricultural, horticultural,
silvicultural or other facility that processes or utilizes leaves
for compost, mulch or other beneficial uses.
E.
Notice of public education. The Borough of Sharon Hill shall establish
a public information and education program explaining the features
and requirements of the program in this article. The Borough of Sharon
Hill shall give at least 30 days' public notice prior to the
initiation of the recycling program and provide periodic public notice
every six months thereafter to all persons occupying residential,
commercial, institutional and municipal premises within its boundaries
of the requirements of this article.
F.
Refusal to collect solid waste contaminated by designated recyclable
materials. This municipality or any other person collecting solid
waste generated within this municipality may refuse to collect solid
waste from any person who has clearly failed to source-separate recyclables
designated under an applicable section of this article.
A.
Unauthorized collection or interference.
B.
Unlawful activities; public nuisance.
(1)
It shall be unlawful for:
(a)
Any person other than the municipality, or another person authorized
by the municipality, to collect any designated recyclable which has
been placed for collection pursuant to this article.
(b)
Any person to violate, or to cause or to assist in the violation
of, any provision of this article.
(c)
Any person to hinder, to obstruct, to prevent or to interfere
with this municipality, or its personnel, in the performance of any
duty under this article or in the enforcement of this article.
(2)
All unlawful conduct set forth in this section shall constitute a
public nuisance.
A.
Any person who violates any of the provisions of this article shall,
upon conviction thereof before a Magisterial District Judge, be liable
for a maximum fine as provided from time to time by state statute
for each and every violation and, in default thereof, be sentenced
to the county jail not exceeding 30 days for each violation. Each
day that a violation continues in effect shall be deemed a separate
violation.[1]
B.
Enforcement. The Code Enforcement Official, Borough police officers
and other appointed Borough officials are hereby individually and
severally empowered to enforce the provisions of this article. An
inspection may consist of sorting through containers and opening of
solid waste bags to detect, by sound or sight, the presence of any
recyclable material.
C.
Injunctions; concurrent remedies:
(1)
In addition to any other remedy provided in this article, the Borough
of Sharon Hill may institute a suit in equity where unlawful conduct
or public nuisance exists, as defined in this article, for an injunction
to restrain a violation of this article. In addition to an injunction,
the court may impose penalties as authorized by this article.
(2)
The penalties and remedies prescribed by this article shall be deemed
concurrent. The existence or exercise of any remedy shall not prevent
the Borough of Sharon Hill from exercising any other remedy provided
by this article or otherwise provided at law or equity.
Construal of provisions. The terms and provisions of this article
are to be liberally construed so as best to achieve and to effect
the goals and purposes hereof.
A.
Nothing contained in this article shall be construed to interfere
with or in any way modify the provisions of any existing contract
that is in force in the municipality on the effective date of this
article.
B.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this article, unless such renewal
or such contract shall conform to the requirements of this article.
