[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:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act, 53 P.S. § 4000.101 et seq., as amended.
Empty, all-aluminum beverage and/or food cans.
Empty, food and/or beverage containers consisting of steel
and aluminum.
Forest Hills Borough.
The Manager of Forest Hills Borough or his duly authorized
designee.
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.
Properties used primarily for commercial or industrial purposes.
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.
Structural paper materials with an inner core shaped in rigid,
parallel furrows and ridges.
The Council of Forest Hills Borough.
Pennsylvania Department of Environmental Protection and/or
its authorized representatives, hereinafter "DEP."
Empty steel or tin coated food or beverage 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.
All white paper, bond paper and computer paper, used in commercial,
institutional and municipal establishments, or in residences.
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.
Leaves, cuttings, trimmings and clippings from trees, bushes
and other plants, garden residues, and chipped shrubbery, but does
not include 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 including newspapers.
Any property having four or more dwelling units per structure.
Public facilities operated by a municipality, a municipal
authority, or other governmental or quasi-governmental authority or
agency.
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.
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.
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.
Any container made of plastic used for carrying, storing
or disposing of groceries, wearing apparel, other retail or wholesale
purchased items and yard waste.
Containers made of high density polyethylene, commonly used
for milk, clothes, dish washing soaps and other cleaning products.
Containers made of polyethylene teraphthalate, commonly used
for soft drinks.
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.
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.
Any occupied single or multi-family dwelling for which the
Borough provides municipal waste collection service.
The removal of materials placed for collection under the
terms of this Part without written authorization from the Borough
Manager and the owner.
The Forest Hills Borough Secretary.
Those materials separated at the point of origin for the
purpose of being recycled.
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.
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In this Part, the singular shall include the plural, and the
masculine shall include the feminine and the neuter.
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[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:
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]
Council may, by resolution, add or delete to the items to be
separated and collected as recyclables, their method of preparation
and collection, changing and establishing reporting requirements and
procedures and/or establishing the schedule of collection, so long
as the resolution is consistent with Act 101.
[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.
