[Ord. 935, 8/20/2003, § 1]
The title of this Part shall be "Forest Hills Recycling Ordinance," and the same shall be cited in that manner. The title of this Part shall be "Forest Hills Recycling Ordinance," and the same shall be cited in that manner.
[Ord. 935, 8/20/2003, § 1]
All definitions listed in § 20-102 are hereby incorporated by reference in Part 2 and given the same meaning. The following words and phrases shall have the meanings set forth below, unless the context of their use clearly indicates a different meaning:
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq., as amended.
ALUMINUM
Empty, all-aluminum beverage and/or food cans.
BIMETAL CONTAINER
Empty, food and/or beverage containers consisting of steel and aluminum.
BOROUGH
Forest Hills Borough.
BOROUGH MANAGER
The Manager of Forest Hills Borough or his duly authorized designee.
COLLECTOR
The entity or entities authorized by the Borough to collect recyclable materials from residences and other properties, or authorized by commercial, municipal or institutional establishments or community events that do not receive collection services from the Borough to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENTS
Properties used primarily for commercial or industrial purposes.
COMMUNITY ACTIVITIES
Events sponsored by public or private entities or individuals including, but not limited to, fairs, bazaars, socials, picnics and organized sporting events, attended by 200 or more individuals per day.
CORRUGATED PAPER
Structural paper materials with an inner core shaped in rigid, parallel furrows and ridges.
COUNCIL
The Council of Forest Hills Borough.
DEPARTMENT
Pennsylvania Department of Environmental Protection and/or its authorized representatives, hereinafter "DEP."
FERROUS CONTAINERS
Empty steel or tin coated food or beverage containers.
GLASS CONTAINERS
Empty, clean and unbroken bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, window glass, plate glass, automotive glass, light bulbs, blue glass, leaded glass, porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper, used in commercial, institutional and municipal establishments, or in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people including, but not limited to, hospitals, churches, nursing homes, personal care centers, orphanages, day-care centers, schools and universities.
LEAF WASTE
Leaves, cuttings, trimmings and clippings from trees, bushes and other plants, garden residues, and chipped shrubbery, but does not include grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever including newspapers.
MULTI-FAMILY HOUSING PROPERTIES
Any property having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by a municipality, a municipal authority, or other governmental or quasi-governmental authority or agency.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other material, including solid, liquid, semi-solid or contained gaseous material, resulting from operation of residential, municipal, commercial or other institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act, 35 P.S. § 6018.101 et seq., from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
NEWSPAPER
Paper of the type commonly referred to as newsprint and usually 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 or otherwise contaminated, colored comics, glossy advertising inserts and advertising inserts printed in colors other than black and white, often included with newspapers.
PERSON(S)
Owners, lessees, occupants of residences and commercial, municipal and institutional establishments, or any other legal entity which is recognized by law as the subject of rights and duties.
PLASTIC BAGS
Any container made of plastic used for carrying, storing or disposing of groceries, wearing apparel, other retail or wholesale purchased items and yard waste.
PLASTIC CONTAINERS (HDPE)
Containers made of high density polyethylene, commonly used for milk, clothes, dish washing soaps and other cleaning products.
PLASTIC CONTAINERS (PET)
Containers made of polyethylene teraphthalate, commonly used for soft drinks.
RECYCLABLE MATERIALS
Materials generated by residences, and commercial, municipal and institutional establishments and by community activities which are specified by the Borough, and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include, but are not limited to, clear glass, colored glass, aluminum, ferrous and bimetal containers, high grade office paper, newsprint, corrugated paper, leaf waste, plastics including, but not limited to, plastic containers (PET) and (HDPE) and any other item selected by the Borough or specified in the future revisions of Act 101. The classification of recyclable materials established by the Borough may be revised from time to time as seen fit by the Borough.
RECYCLING
The collection, separation, recovery, sale or use of aluminum, bimetal containers, corrugated paper, ferrous containers, glass containers, high grade office paper, newspaper, plastic containers (PET) and (HDPE), metals, glass, paper, leaf 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.
RESIDENCES
Any occupied single or multi-family dwelling for which the Borough provides municipal waste collection service.
SCAVENGING
The removal of materials placed for collection under the terms of this Part without written authorization from the Borough Manager and the owner.
SECRETARY
The Forest Hills Borough Secretary.
SOURCE SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
WASTE
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 DEP for beneficial use.
In this Part, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[Ord. 935, 8/20/2003, § 1]
1. 
Residence Recycling.
A. 
Containers. The Borough shall provide the occupants of each dwelling unit from which the Borough provides collection services with one container duly numbered for identification purposes and designated as a container for the sole purpose of storing recyclable materials. The container shall remain the property of the Borough. Any occupant of a residence who moves within or from the Borough shall leave in place at the residence the Borough recycling container for the use of the new occupant. Replacement cost of containers will be specified by resolution of Borough Council. Use of recycling containers for any purpose other than the recycling provisions of this Part and amendments hereto, or use of recycling containers by any person other than the occupants of the residence allocated each such container or intentional damage or destruction of such container shall be a violation of this Part.
B. 
Separation. All persons residing in residence shall separate from all other municipal waste produced at said residence the following recyclable materials:
(1) 
Glass containers.
(2) 
Aluminum.
(3) 
Bimetal containers.
(4) 
Ferrous containers.
(5) 
Newspaper.
(6) 
Plastic containers (PET).
(7) 
Plastic containers (HDPE).
C. 
Preparation of Recyclables. All persons residing in residences shall prepare the recyclables set forth in § 20-203, Subsection 1B, hereof as follows:
(1) 
All clear, green and brown glass containers must be rinsed, lids removed, labels may be left on. Do not break glass containers. No noncontainer glass, window glass, plate glass, automotive glass, light bulbs, blue glass, leaded glass, porcelain, or ceramics products are to be included.
(2) 
Aluminum cans must be rinsed clean and any paper labels must be removed. Cans may be flattened to save space, if desired.
(3) 
Bimetal containers must be rinsed clean. Cans may be flattened to save space, if desired.
(4) 
Ferrous containers must be rinsed clean. Cans may be flattened to save space, if desired.
(5) 
Newspaper may not be placed in a recycling container provided by the Borough if said container contains other recyclable materials. Newspapers may be tied securely with twine in a bundle of not more than 40 pounds in weight or placed in a brown paper bag.
(6) 
Plastic containers (PET) (HDPE) must be rinsed clean.
D. 
Storage.
(1) 
All materials for recycling, except newspapers, must be commingled and stored for collection in the container issued by the Borough.
(2) 
Storage may be in any convenient and safe place inside of a structure located on the property of the residence or outside on the property of the residence if protected from the elements.
E. 
Collection.
(1) 
Collection shall occur twice a month and shall be on the same day of the week as the resident's normal collection day for municipal solid waste as set from time to time by the Borough Council. Said schedule may be set by resolution of Borough Council and a current copy thereof is on file in the Borough office.
(2) 
The container containing the commingled recyclables and the separate container or bagged or tied newspaper shall be placed by a person residing in the residence at curbside or at the edge of the cartway in front of the premises not earlier than 6:00 p.m., prevailing time, of the day immediately preceding the day scheduled for collection and not later than 6:00 a.m., prevailing time, of the day scheduled for collection. After collection, a person residing in the residence must remove the empty container(s) from curbside or cartway edge before 6:00 p.m., prevailing time, on the day of collection. Collection of recyclable materials shall be accomplished by the Borough, or its designated agent, or any other collector registered with the Borough to operate and collect recyclable materials from residences or from commercial, municipal and institutional establishments in the Borough pursuant to Part 3 hereof.
F. 
Leaf Waste and Leaves.
(1) 
All persons must separate leaves from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaves. In the event residents elect to compost leaf waste including leaves it must be done in such a manner so as not to create an odor or nuisance to adjacent properties.
(2) 
During the months of October, November, and December, occupants of residences must rake or otherwise accumulate leaves unbagged and unpackaged at curbside adjacent to their respective properties. The Borough shall collect said leaves from time to time.
(3) 
Instead of accumulation of leaves unbagged and unpackaged at curbside, the Borough Council, at a public meeting and upon public notice as required by law, may elect by resolution to have persons bag leaf waste and/or leaves only. In such event the Borough shall provide to residents in the Borough specially formulated bags at a charge to be established by resolution from time to time or notify the residents of the names of commercial establishments which sell the bags. The Borough shall notify the community as to where the leaf bags may be purchased and the schedule for pickup of bagged leaf waste and/or leaves only. Leaf waste that may not be bagged (i.e., branches, twigs, and sticks) must be securely fastened or tied in bundles of 36 inches or less.
2. 
Multi-Family Housing Properties Recycling.
A. 
Any owner, landlord, manager or agent of an owner, landlord or manager of a multi-family housing property with more than four units, who does not wish the property to be serviced by the Borough pursuant to Subsection1 hereof, must comply with recycling responsibilities by establishing a recycling and collection program consistent with Act 101 at each such property.
B. 
In order to be exempted from Subsection1 hereof, the said owner, landlord, manager or agent of an owner, landlord or manager must submit a written statement to the Borough Manager by January 15 of each year informing the Borough of such election, the identity of the property to be exempted, the identity of the person in charge of the recycling program, and the name, address and telephone number of the collector retained by such owner.
C. 
Furthermore, said written statement must provide the details of a recycling and collection program which must include suitable containers for collecting and sorting recyclable materials, container locations which are easily accessible for deposit of recyclables, written instructions to occupants of properties concerning the use and availability of the collection system and it must provide at a minimum for the separation of those recyclable materials identified in Subsection1B hereof, plus leaf waste, unless properly composted. Collection must be at least once monthly.
D. 
Owners, landlords, managers and agents of owners, landlords or managers who comply with this Part shall not be liable for noncompliance of occupants of their respective buildings.
E. 
If recyclable materials are collected by a collector other than the Borough or its authorized agent, then the respective owners, landlords or managers, and agents of owners, landlords or managers shall submit an annual report to the Borough reporting the tonnage of each recyclable material recycled at their respective properties during the previous year and any other information requested by the Borough Manager. This reporting requirement may be fulfilled by submission of a letter or statement from the collector which certifies that recyclable materials are being collected from the multi-family housing property and setting forth the tonnage collected from such property during the previous year and any other information requested by the Borough Manager, (see Part 3 hereof). The report shall be due on or before January 15th of each year referencing the required information for the immediately preceding calendar year.
3. 
Commercial, Municipal, Institutional and Community Activities Recycling.
A. 
Persons must separate high-grade office paper, aluminum, corrugated paper, glass containers, bimetal containers, ferrous containers, newspaper, plastic containers (PET), plastic containers (HDPE) and leaf waste generated at said commercial, municipal and institutional establishments and from community activities and safely store the recyclable materials for and until collection by a collector arranged for by each such respective establishment.
B. 
Said establishments shall submit an annual report to the Borough on or before January 15th of each year for the immediately preceding calendar year reporting the type and weight of each recyclable material recycled during the previous calendar year and the name, address and telephone number of the responsible collector. This requirement may be fulfilled by submission of a letter or statement from the collector with certifies that recyclable materials are being collected from the establishments as long as the collector reports the aggregate totals recycled from all such establishments in the municipality.
C. 
Commercial, municipal and institutional establishments must initiate an education program for all employees, users, patrons, occupants and residents off said commercial, municipal and institutional establishments. The education program shall describe the recycling program's provisions and requirements, and shall include at a minimum an annual program meeting and an orientation to the program upon the arrival of a new employee, occupant or resident. Receptacles for recyclable materials must be marked clearly with the recycling symbol of the type of recyclable material that is to be placed in the receptacle. Signs must be prominently displayed stating the requirements of the program.
D. 
Commercial, municipal, institutional and community activities may be exempted from the requirements of Subsection 3A through C, by otherwise providing for the recycling of the materials specified in Subsection3A consistent with § 1501(c)(1)(iii) of Act 101, 53 P.S. § 4000.1501(c)(1)(3), by informing the Borough Manager that they wish to do so and by providing the Borough Manager with the identity of the property involved, a description of its alternate program, the identity of the person in charge of the alternate program and the identity of the responsible collector.
E. 
Commercial, municipal, institutional and community activities which are exempt from Subsection3A through C, must submit, at a minimum, an annual recycling report to the Borough Manager, which report shall document for each property the amount of municipal waste generated per year, as well as the type of weight of materials that were recycled in the previous calendar year, the name, address and telephone number of the responsible collector and any other information requested by the Borough Manager. The reporting requirement may be fulfilled by submission of a letter or statement from the collector which certifies the recyclable materials being collected from the property and setting forth the tonnage collected from such property in the previous year and any other information requested by the Borough Manager (see Part 3). The report shall be due on or before January 15th of each year referencing the required information for the immediately preceding calendar year.
F. 
Valid documentation under Subsection3E above shall include information from an end user, recycler, or waste hauler, which describes the type and weight of each recyclable material that was collected and marketed. Documentation may be in one of the following forms:
(1) 
Copies of weight receipts or statements which consolidate such information.
(2) 
A report from the provider of recycling collection services which identifies the amount of each material collected and marketed. The type and weight of recyclable materials generated by an individual commercial, municipal, institutional or community activity may be approximated, based on a representative sample of its source separated materials.
(3) 
A report from the provider of collection services that identifies the type and weight of each recyclable material collected and marketed in cases where recyclables are commingled with the establishment's waste. The type and weight of recyclables generated by an individual commercial, municipal, institutional or community activity may be approximated based on a representative sample of its waste.
(4) 
With respect to the alternative options in Subsection 3F(2) and (3) above, where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.
G. 
Commercial, municipal and institutional establishments which generate more than 2,200 pounds of municipal waste per month shall also implement a waste minimization opportunity assessment, which must include, at least, the following:
(1) 
Waste characterization, including source, generation rate, management techniques, and management costs. The assessment must expressly include high-grade office paper, aluminum, corrugated paper, leaf waste, clear, green and brown glass and other materials generated in significant quantities.
(2) 
A description of all possible waste minimization options, including use and waste reclamation.
(3) 
An evaluation of the economic and technical feasibility of each option and a ranking of each option.
(4) 
An estimate of the pay-back period for each feasible option.
(5) 
A statement of which options will be implemented, including an explanation and a time table.
(6) 
Identification of the commercial, municipal, institutional establishment or community activity, its address, the individual(s) who are responsible for implementing the plan, and their telephone number.
H. 
Based upon the waste minimization opportunity assessment, commercial, municipal and institutional establishments must implement a waste minimization plan which shall be periodically updated. Said plan must include:
(1) 
Recycling or composting of materials, to the greatest extent feasible, either privately or through a municipal recycling program.
(2) 
Use, to the greatest extent feasible, of products and materials which are recyclable and made of post consumer materials.
(3) 
Substitution, to the greatest extent feasible, of durable and reusable products and materials for products that are not durable or reusable.
(4) 
Appropriate education materials and signs shall be made available to occupants to encourage participation in recycling and waste reduction.
I. 
All private, commercial, municipal and institutional establishments and community activities private recycling collection activities shall be conducted at least once per month from Monday through Saturday, inclusive, between the hours of 6:00 a.m. and 6:00 p.m., prevailing time, unless prior approval of an exception has been granted in writing by the Borough Manager. No collection, hauling or transporting of recyclables shall be permitted on Sunday.
[Ord. 935, 8/20/2003, § 1]
It shall be a violation of this Part for any person, other than the Borough or a collector authorized by the Borough and registered pursuant to Part 3 hereof, to collect recyclable materials placed by residents or by commercial, municipal and institutional establishments or by community activities for collection by the Borough or a collector, unless such person has prior written permission from the owner and from the Borough Manager to make such collection. With respect to any violation of the provisions of this section, an unauthorized collection from one or more residences or from one or more commercial, municipal, institutional establishment or community activity on one particular calendar day shall constitute a separate and distinct offense for each such residence, establishment or community activity, punishable as a distinct and separate offense as hereinafter provided.
[Ord. 935, 8/20/2003, § 1]
Any person, residence, commercial, municipal or institutional establishment or community activity may donate or sell recyclable materials to any person, firm, corporation or association, whether operating for profit or not, providing that said receiving person, firm, corporation or association shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment or community activity without prior written permission from the Borough Manager.
[Ord. 935, 8/20/2003, § 1]
Disposal by persons of recyclable materials collected from the Borough with waste materials is prohibited and shall be a violation of this Part. Collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials generated from the Borough in landfills, or to be burned in incinerators, is prohibited.
[Ord. 935, 8/20/2003, § 1; as amended by Ord. 976, 1/16/2008; and by Ord. 1006, 9/15/2010, § 1]
1. 
Any person, firm or corporation who violates any of the provisions of this Part shall be served with an official written warning of noncompliance for the first offense. Service shall be by certified mail, return receipt requested and/or by posting.
2. 
Any person, firm or corporation who violates a provision of this Part for a second or subsequent time, or who fails to comply therewith, or with any of the requirements thereof, or who fails to comply with the terms set forth in the official written warning of noncompliance, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus costs, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
3. 
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this Part found to have been violated. All fines and penalties for the violation of this Part shall be paid to the Borough Treasurer.
4. 
The Borough may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin, or abate violations of this Part.
[Ord. 935, 8/20/2003, § 1]
The Borough reserves the right not to collect municipal waste containing recyclable materials. The Borough reserves the right not to collect municipal waste from any residence not being registered as having obtained a Borough recycling container.
[Ord. 935, 8/20/2003, § 1]
The Borough may enter into agreement with public or private entities to authorize them to collect all or part of the recyclable materials generated in the Borough.
[Ord. 935, 8/20/2003, § 1; as amended by Ord. 1038, 2/20/2013, § 2]
1. 
Collection of Recycling. Forest Hills Borough Council is hereby authorized to make funds available, in accordance with the laws and procedures of the Borough, for the establishment, maintenance and operation of a municipal recycling collection and disposal system; or for contracting of such service to a hauler or private collector.
2. 
Power of Officers to Contract. The proper officers of the Borough are hereby authorized to make and enter into a contract with such person or corporation and on such terms and conditions as shall be in the best interest of the Borough, and in a form approved by the Solicitor, for the collection of the annual service charges hereinafter provided for. Such contract shall be entered into in accordance with the provisions of law, and the proper officers of the Borough are hereby authorized and directed to sign, acknowledge and deliver any and all documents necessary to effectuate the provisions of this section.
3. 
Imposition of Service Charge. Council may, by resolution adopted from time to time, impose a service charge on the owner of each separate unit within the Borough for the services provided by the Borough in arranging and paying for collection, removal and disposition of recyclable materials from the unit. Said service charge shall not apply to individual, residential, commercial, institutional or industrial sources solely utilizing a private hauling arrangement for recycling. Fee schedules shall be published by the Borough on any competitively bid residential collection service contract that might be awarded by the Borough.
4. 
Payment of Charge. The owner of each unit shall be liable for the payment of the service charge not later than the due date shown on the face of the invoice rendered by the Borough. Provided, the due date shall be not less than 14 days and not more than 30 days from the date of mailing of the bills by the Borough and such due date shall be established by the Borough Manager.
5. 
Private Hauling Arrangements. The Borough's contract hauler and other licensed haulers shall be responsible for collection of any fees for private arrangement or private contract recycling collection or disposal services provided to individual, residential, commercial, institutional or industrial sources within the Borough.
6. 
Penalty of Late Payment. Any service charge not paid on or before the last day of the month during which such charge becomes payable shall bear interest at the rate of 2% per month on the amount of such unpaid charge, for each month or fraction thereof during which such charger remains unpaid and said penalty for late payment shall be added and collected.
7. 
Collection of Delinquent Charges. An account shall be deemed to be delinquent if a service charge levied under this Part remains unpaid as of its due date. The proper officers of the Borough are hereby empowered at their discretion to enforce the collection of any delinquent charge and penalty by civil action, by liens filed in the nature of a municipal lien or by any other action or proceeding which is lawful or may become lawful to enforce the collection of this charge.
8. 
Administration. The administration of the service charge imposed by this Part is vested in the Borough Manager, who is authorized and empowered to make reasonable rules and regulations for its administration.
9. 
Duty to Supply Facts. It shall be the duty of every owner and person to cooperate in the administration of this Part in order that the collection of the service charges imposed herein shall be economically and efficiently performed. It is the duty of any owner or person residing or occupying property within the Borough to answer inquiries by the proper agents of the Borough pertaining to facts relating to administration of this chapter.
10. 
Power of Officers to Contract. The proper officers of the Borough are hereby authorized to make and enter into a contract with such person or corporation and on such terms and conditions as shall be in the best interest of the Borough, and in a form approved by the Solicitor, for collection of the annual service charges hereinabove provided for. Such contract shall be entered into in accordance with the provisions of law, and the proper officers of the Borough are hereby authorized and directed to sign, acknowledge and deliver any and all documents necessary to effectuate the provisions of this section.
11. 
Willful Violation. Any person who willfully fails to pay any charge made under this section, or who willfully conceals or fails to disclose or misrepresents a fact pertinent to the administration and enforcement hereof, shall, by such conduct, violate the provisions of this chapter and be subject to enforcement proceedings under § 20-208 hereof.
[Ord. 935, 8/20/2000, § 1]
The Borough Manager is hereby authorized and directed to adopt such written regulations that may be necessary for the administration and enforcement of this Part. Any regulations adopted by the Borough Manager shall become effective within 30 days after submission to Borough Council, unless the regulations are disapproved by Council within the thirty-day period.