This article, as it may be from time to time supplemented and amended shall be known as the "Mandatory Waste Recycling Ordinance."
[Adopted 9-8-2015 by Ord. No. 517-2015]
A. BOTTLE CAN COMMERCIAL ESTABLISHMENT CORRUGATED CARDBOARD GLASS GRASS CLIPPINGS INDUSTRIAL ESTABLISHMENT INSTITUTIONAL ESTABLISHMENT LEAVES MUNICIPALITY PAPER PRODUCTS PERSON PLASTIC REFUSE YARD WASTE
The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:
A receptacle, sometimes glass or plastic, having a neck or mouth that can be plugged, corked or capped.
Refers to beverage and food containers made of aluminum and or steel.
Any place engaged in nonmanufacturing or nonprocessing business, including but not limited to, stores, markets, offices, buildings, restaurants, shopping centers, theaters, bowling alleys and skating rinks.
Structural paper material with an inner core shaped in rigid parallel furrows and ridges commonly used for shipping boxes.
Bottles and jars made of clear, green or brown glass which is used to contain food or beverages.
The by-product of mowing the lawn.
Any place engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills and processing plants, refineries, recycling plants, mines and slaughterhouses.
A place engaged in services, including but not limited to hospitals, nursing homes, skilled care facilities, schools and churches.
Includes leaves from trees, bushes and other plants.
Borough of Kittanning.
Includes newspapers, office paper, magazines, circulars and corrugated cardboard.
A natural person, association, partnership, firm or corporation.
Material formed from resins derived from the petroleum refining process. Resins include:
All solid wastes, except bodily fluids or waste, including but not limited to garbage, ashes and rubbish.
Includes leaves, grass clippings, garden waste, tree trimmings, clipped shrubbery, other vegetative material and pruning waste.
B.
Other words and phrases. Other words and phrases contained in this article, but not specifically enumerated in this section shall have their ordinary meaning, unless the context clearly indicates otherwise.
Each household or person having refuse from their homes, apartments or other residential establishments within the Borough are required to separate from that refuse all paper products, grass clippings, leaves and yard waste for separate collection and recycling.
Each person subject to the mandatory separation of certain materials shall do the following:
A.
In the case of grass clippings, leaves, and yard waste, all materials shall be collected and set out for collection in accordance with the applicable resolution of the Borough of Kittanning.
B.
In the case of paper products, all papers must be collected, kept dry and placed in a plastic bag clearly marked for recycling and set out for collection in accordance with the applicable resolution of the Borough of Kittanning.
Each household or person having refuse from their homes, apartments or other residential establishments within the Borough is encouraged, but not mandated to separate from that refuse all recyclable materials not listed in § 473-25 above, including but not limited to: cans, glass and plastic, and to deliver those recyclable materials to the various receptacles located within the Borough.
The municipality will collect such materials subject to mandatory separation pursuant to § 473-25 of this article on each Wednesday, or on such other day or days as the Council shall from time to time designate by duly adopted resolution, but in no event less than once per month. Council will designate the collection day or days for each geographic area of the municipality and will give public notice thereof by advertisement in newspaper of general circulation in the municipality. On or no sooner than 12 hours before each collection day, each household or person shall place the properly prepared materials at curbside or at such other location where the municipality customarily collects his or her refuse, and the municipality will collect, transport, process or market the same in its sole discretion and in accordance with the law.
An owner, landlord or agent of an owner or landlord of multifamily rental housing properties with four or more units may comply with the requirements of § 473-28 of this article by establishing a private collection system for recyclable materials at each property; provided, however, that such private collection system conforms with the law, and provided further that written notice of such private collection system is given to the municipality, annually in advance of January 1 of each calendar year, describing the system proposed to be implemented by said owner, landlord or agent. Any such system proposed shall be subject to review and approval by the manager of the streets department, or another appropriate official of the municipality so designated by the Borough. In the event that an owner, landlord or agent shall engage the services of a contracted hauler, then the owner, landlord or agent shall provide to the Borough an annual report from the contracted hauler that includes at a minimum the following information: address of the hauler; where the material was marketed; the weight, in tons, of the material collected; the residue rate, which report shall be provided over the signature of the hauler, who shall certify to its truth and accuracy.
Each person shall at all times separate from refuse all paper products, grass clippings, leaves and yard waste generated at commercial, municipal, industrial or institutional establishments and from community activities and shall store the same until collection; provided, however, that the municipality may exempt such person occupying a commercial, institutional, industrial or municipal establishment within its boundaries from the requirements of this article or regulations if he or she has otherwise provided for the recycling of such materials. To be eligible for an exemption, a commercial, institutional, industrial or municipal solid waste generator must provide written documentation to the municipality of the address of the hauler; where the material was marketed; the weight, in tons, of the material collected; the residue rate, which report shall be provided over the signature of the hauler, who shall certify to its truth and accuracy. The Council of the municipality will by resolution from time to time establish schedules for collection of these materials.
Except as herein provided, it shall be a violation of this article for anyone other than employees or contractors of the municipality to collect or pick up or cause to be collected or picked up recyclable materials subject to the mandatory separation requirements of § 473-25 of this article. Any and each such unauthorized collection shall constitute a separate and distinct violation of this article.
From and after collection of recyclable materials subject to the mandatory collection requirements of § 473-25 of this article, the same shall be the property of the municipality.
Any person who violates any provision of this article shall upon conviction thereof, be sentenced to pay a fine of not less than $25 or more than $600 and costs of prosecution, and, in default of payment of such fine and costs, shall be sentenced to imprisonment for a term not to exceed 30 days. Each violation of any provision of this article, and each day the same is continued, shall be deemed a separate offense.