[Ord. 646, 12/12/1989]
1. 
The purposes of this Part are to:
A. 
Promote the conservation of natural resources by requiring the recycling of certain waste materials;
B. 
Protect the public health, safety and welfare from the dangers involved in the collection, transportation, processing, storage and disposal of waste;
C. 
Reduce the quantity of solid waste going to landfills or other disposal facilities;
D. 
Comply with the requirements of the Municipal Waste Planning, Recycling and Waste Reduction Act (Act No. 1988-191).
[Ord. 646, 12/12/1989]
1. 
The provisions of this Part shall be interpreted according to the following principles:
A. 
Words used in this Part which are not specifically defined in either § 20-203, the regulations on recycling adopted by the Borough Council, or the Municipal Waste Planning, Recycling and Waste Reduction Act shall have their common or ordinary meanings, as shown by a standard dictionary.
B. 
The various provisions of this Part shall be severable from each other, so that if any provision is finally determined to be illegal or invalid, the efficiency of the remaining provisions shall not be impaired.
[Ord. 646, 12/12/1989]
1. 
As used in this Part, the following words and phrases shall have the meanings specified:
ALUMINUM CANS
Containers made entirely of aluminum metal.
BOROUGH
The Borough of Beaver.
COMMERCIAL ESTABLISHMENT
A property used for business, professional or industrial activity, including (but not limited to) retail stores, restaurants, motor vehicle fuel or service stations, banks and other financial institutions, funeral homes, professional offices, etc.
CORRUGATED PAPER
A material consisting of two or more pieces of pasteboard or kraft paper separated by and connected to a corrugated paper lining.
HIGH-GRADE OFFICE PAPER
Includes paper used for general business purposes, such as correspondence, order forms, invoices, statements of account, envelopes, etc. It does not include newspapers or other newspapers or other newsprint; magazines, catalogs, brochures or leaflets having a glossy finish; corrugated paper or other cardboard; kraft paper bags or wrappers.
INSTITUTIONAL ESTABLISHMENT
Any property used by a governmental agency or non-profit organization for activity which involves assembly of people, including (but not limited to) schools, churches, hospitals, nursing homes, etc.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
MUNICIPAL ESTABLISHMENT
Any property owned or occupied by a county, borough, township or other municipality.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, government unit or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this Part prescribing a fine, imprisonment or civil 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.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastic and other materials which would otherwise be disposed or processed as waste or the mechanized separation and treatment of waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act (Act No. 97 of 1980, as amended) from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
2. 
Any words or phrases used in this Part which are specifically defined in the Municipal Waste Planning, Recycling and Waste Reduction Act shall have the same meaning as there ascribed.
[Ord. 646, 12/12/1989]
1. 
A source-separation and collection program for the recycling of selected materials is hereby established. The requirements of this program are:
A. 
Persons shall separate the materials designated in regulations adopted by the Borough Council from the other waste generated at their homes, apartments and other residential establishments, and shall store such separated materials until collection.
B. 
Persons shall separate leaf waste from other waste generated at their homes, apartments and other residential establishments and shall store such separated leaf waste until collection.
C. 
Persons shall separate high-grade office paper, aluminum, corrugated paper and any other materials designated in regulations adopted by the Borough Council from the other waste generated at commercial, municipal or institutional establishments and from community activities, and shall store such separated materials until collection.
D. 
Separated materials shall be placed for collection at the curbside or any other locations designated in regulations adopted by the Borough Council, on days designated in such regulations.
E. 
An owner or landlord (or the agent of an owner or landlord) of multifamily rental properties with four or more units will be permitted to comply with his responsibilities under § 20-204, Subsection 1A, by establishing at each property a collection system for materials designated for recycling. The collection system must include suitable containers for sorting materials, ample numbers of containers, easily accessible locations for containers, and legible and readily understood written instructions to tenants or occupants concerning the availability and use of the collection system.
The owner or landlord (or his agent) shall include in any lease, as a condition of occupancy, that the tenant separate those materials designated for recycling from the waste generated in his dwelling unit and utilize the collection system established for the property.
F. 
Collection or pick-up of separated recyclable materials from the curbside shall be made only by a person or persons expressly authorized to do so by contract or franchise granted by the Borough. No unauthorized person shall collect or pick up any separated recyclable materials from the curbside.
[Ord. 646, 12/12/1989]
Persons who occupy commercial, institutional or municipal establishments within the Borough may apply to the Council for an exemption from the requirements of § 20-204, Subsection 1C,. To be eligible for an exemption, the application must (1) otherwise provide for the recycling of the materials involved, and (2) provide written documentation to the Borough by January 31 of each year of the total number of tons recycled during the preceding year.
[Ord. 646, 12/12/1989]
The Borough Council shall adopt and publish regulations to implement the recycling program contemplated by this Part. Such regulations may be amended at any time by motion or resolution adopted by the Council.
[Ord. 646, 12/12/1989; as amended by Ord. 779, 8/14/2012, § 1]
1. 
Prohibited Acts.
A. 
It is unlawful for any person to dump or deposit any grass clippings, leaf waste, yard waste or other waste upon any property owned by the Borough, except in accordance with a written permit issued to said person by an authorized official of the Borough.
B. 
It is unlawful for any person to dump or deposit any grass clippings, leaf waste, yard waste or other waste upon any property owned by the Borough, except in accordance with Borough regulations posted at the dump or deposit site.
C. 
It is unlawful for any person to violate any regulation issued by the Borough pertaining to the disposal of waste.
2. 
Offenses.
A. 
Any person who violates any provision of this Part, or any regulation adopted to implement the requirements of this Part, shall be guilty of a summary offense.
B. 
Each violation of any provision of this Part, or any related regulation, shall be deemed a separate offense.
C. 
Each day a violation is continued shall be deemed a separate offense.
3. 
Penalties. A person convicted of an offense under this section shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus all costs of prosecution, or in default of payment, to undergo imprisonment for not less than three nor more than 30 days.
4. 
Enforcement Costs.
A. 
The Borough shall be entitled to recover from the person or persons responsible for a violation all expenses paid or incurred by the Borough relating to the correction thereof and the enforcement of this Part. Such expenses shall include (but not be limited to):
(1) 
Costs of labor, materials or equipment.
(2) 
Attorney's fees relating to preparation for and attendance at any legal proceedings.
(3) 
Court costs.
B. 
Such costs shall be collected by the Borough in the manner provided by state law for the collection of municipal claims, or by a civil court action, as the Borough may see fit.
[Ord. 646, 12/12/1989]
This Part is enacted pursuant to the Municipal Waste Planning, Recycling and Waste Reduction Act (Act No. 1988-101) and Sections 1106(3) and 1202 of the Borough Code.
[Ord. 646, 12/12/1989]
This Part shall become effective on September 26, 1991.