[Ord. 613, 6/8/1988, § I]
This Part shall be known and referred to as the "Solid Waste
Ordinance."
[Ord. 613, 6/8/1988, § II; as amended by Ord. 752,
1/17/2012]
1.
ACT OR ACT 97
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION AND DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE OR HOUSEHOLD WASTE
DWELLING UNIT
FAMILY
GARBAGE
HAULER OR PRIVATE COLLECTOR
HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
MUNICIPALITY
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases as used in this Part shall have the
meaning ascribed herein, unless the context clearly indicates a different
meaning:
The Pennsylvania Solid Waste Management Act of 1980, P. L.
380, No. 97, July 7, 1980, 35 P.S. § 6018.101 et seq.
Poultry and livestock manure, or residual materials in liquid
or solid form, generated in the production, and marketing of poultry,
livestock, fur-bearing animals and their products, provided such waste
is not a hazardous waste. The term includes the residual materials
generated in producing, harvesting, and marketing of all agronomic,
horticultural, silvicultural and agricultural crops or commodities
grown on what are usually recognized and excepted as farms, forests,
or other agricultural lands.
Large items of solid waste including but not limited to appliances,
furniture, large auto parts, trees, branches or stumps which may require
special handling due to their size, shape, or weight.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
All municipal and residual waste building materials, grubbing
waste, and rubble resulting from construction, remodeling, repair
and demolition operations on houses, commercial buildings and other
structures and pavements.
The Pennsylvania Department of Environmental Protection.
The incineration, deposition, infection, dumping, spilling,
leaking, or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged to
the waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in a dwelling unit such as a residential private household
or apartment house.
One or more living or sleeping rooms with cooking and sanitary
facilities for one person or one family.
One or more persons occupying a premises and living as a
single housekeeping unit, as distinguished from a boarding house,
lodging house, club, fraternity or hotel.
Any solid waste derived from animal, grain, fruit, or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gasses, or vectors.
Any person, firm, copartnership, association or corporation
who has been licensed by the Municipality or its designated representative
to collect, transport, and dispose of refuse for a fee as herein prescribed.
Any solid waste or combination of solid wastes, as defined
in the Act, which because of its quantity, concentration or physical,
chemical, or infectious characteristics may: (1) cause or significantly
contribute to an increase in mortality or an increase in morbidity
in either an individual or the total population; or (2) pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
Garbage, refuse, industrial lunchroom or office waste and
other materials 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
under Act 97 from a municipal, commercial of institutional water supply
treatment plant, wastewater treatment plant, or air pollution control
facility.
The Borough of Ben Avon, Allegheny County, Pennsylvania.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government, institution
or agency, state government, institution or agency, or any other legal
entity which is recognized by law as the subject of rights and duties.
In any provisions of this Part prescribing a fine, imprisonment or
penalty, or any combination of the foregoing, the terms person shall
include the officers and directors of any corporation or other legal
entity having officers and directors.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such waste materials for off-site reuse. Processing
facilities include, but are not limited to, transfer facilities, composting
facilities, and resource recovery facilities.
All solid waste materials which are discarded as useless.
Any garbage, refuse, other discarded material or other waste
including solid, liquid, semisolid, or that containing gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term residual
waste shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act, 52 P.S. § 30.51 et seq. Residual waste
shall not include treatment sludges from coal mine drainage treatment
plants, disposal of which is being carried on pursuant to and in compliance
with a valid permit issued pursuant to the Clean Streams Law, 35 P.S.
§ 691.1 et seq.
All non-putrescible municipal waste except garbage and other
decomposable matter. This category includes, but is not limited to,
ashes, bedding, cardboard, cans, crockery, glass, paper, wood and
yard cleanings.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any coarse screenings, grit and dewatered or airdried sludges
from sewage treatment plants and pumpings from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97, 35 P.S. § 6018.101 et seq.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid, or that containing
gaseous material.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 613, 6/8/1988, § III]
1.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the Borough, any garbage,
rubbish, bulky waste, or any other municipal or residual solid waste
except in accordance with the provisions of this Part, any Department
rules and regulations adopted pursuant to Act 97, 35 P.S. § 6018.101
et seq., and the Health Department Rules and Regulations, Article
VIII.
2.
It shall be unlawful for any person to burn any solid waste within
the Borough except in accordance with the provisions of this Part,
any Department rules and regulations adopted pursuant to Act 97 and
the Health Department Rules and Regulations, Article VIII.
3.
It shall be unlawful for any person to dispose of any solid waste
in the Borough except in accordance with the provisions of this Part,
any Department Rules and Regulations adopted pursuant to Act 97 and
the Health Department Rules and Regulations, Article VIII.
4.
It shall be unlawful for any person to haul, transport, collect,
or remove any solid waste from public or private property within the
Borough without first securing a license to do so in accordance with
the provisions of this Part.
5.
It shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the Borough without prior approval by the Borough.
6.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the Borough except at an approved and permitted resource
recovery facility under Act 97 and any Department rules and regulations
adopted pursuant to Act 97.
7.
It shall be unlawful for any person to throw, place or deposit, or
cause or permit to be thrown, placed or deposited any solid waste
in or upon any street, alley, sidewalk, body of water, public or private
property within the Borough except as provided in this Part.
[Ord. 613, 6/8/1988, § IV]
1.
The storage of all solid waste shall be practiced so as to prevent
the attraction, harboring or breeding of insects or rodents, and to
eliminate conditions harmful to public health or which create safety
hazards, odors, unsightliness or public nuisances.
2.
Any person producing municipal waste shall provide a sufficient number
of approved containers to store all waste materials generated during
periods between regularly scheduled collections, and shall place and
store all waste materials therein, and in accordance with the provisions
of this Part.
3.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
A.
All municipal waste shall be drained of free liquids before being
placed in storage containers.
B.
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
C.
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
D.
Garden clippings and tree trimmings shall be placed in approved containers
or shall be cut and tied securely into bundles. Bundles shall not
be more than two feet in length, not more than 18 inches in diameter
and not more than 40 pounds in weight.
E.
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 40 pounds in
weight.
F.
When specified by the Borough or its designated representative, special
preparations and storage procedures may be required to facilitate
the collection and resource recovery of certain waste materials.
4.
All municipal waste shall be stored in containers approved by the
Borough or its designated representative. Individual containers and
bulk containers utilized for storage of municipal waste shall comply
with the following standards:
A.
Reusable containers shall be constructed of durable, watertight,
rust- and corrosion-resistant material, such as plastic, metal or
fiberglass, in such a manner as to be leak-proof, weather-proof, insect-proof,
and rodent-proof.
B.
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
C.
Reusable containers for individual residences shall have a capacity
of not less than 10 gallons nor more than 40 gallons, and a loaded
weight of not more than 40 pounds.
D.
Disposable plastic bags or sacks are acceptable containers provided
the bags are designated for waste disposal. Plastic bags shall have
sufficient wall strength to maintain physical integrity when lifted
by the top, shall be securely tied at the top for collection, and
shall have a capacity of not more than 30 gallons and a loaded weight
of not more than 35 pounds.
E.
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
5.
Any person storing municipal waste for collection shall comply with
the following storage standards:
A.
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
B.
Reusable containers shall be kept in a sanitary condition at all
times. The interior of the containers shall be thoroughly cleaned,
rinsed, drained, and disinfected, as often as necessary, to prevent
the accumulation of liquid residues or solids on the bottom or sides
of the containers.
C.
Containers shall be used and maintained so as to prevent public nuisances.
D.
Containers that do not conform to the standards of this Part or which
have sharp edges, ragged edges or any other defect that may hamper
or injure collection personnel shall promptly be replaced by the owner
upon notice from the Borough or its designated representative.
E.
Containers from all sources other than those required hereunder to
have commercial disposal shall be placed at the curb of the public
street adjacent to the premises upon which the solid waste originated,
in such a manner so as to maintain vehicle access in the street and
pedestrian access on the adjacent sidewalk, if any.
F.
With the exception of pick-up days when the containers are placed
out for collection, the containers shall be properly stored in the
rear or side of the premises so as not to be visible from the public
street and shall not be placed or kept upon the public streets or
alleys. Containers shall not be placed at the curb for collection
sooner than 5:00 p.m. prevailing time on the day prior to scheduled
collection, nor permitted to remain at the curb when emptied after
7:00 p.m. prevailing time on the day of collection.
6.
The storage of all municipal waste from multi-family residential
units of more than six dwelling units, commercial establishments,
institutions and industrial lunchroom or office waste sources is subject
to the regulations and standards set forth in this Part. The type,
size and placement requirements for bulk containers shall be determined
by the waste generator and the waste hauler, and are subject to approval
by the Borough.
[Ord. 613, 6/8/1988, § V; as amended by Ord. 631,
12/18/1990, § 2]
1.
The Borough shall provide for the collection of all garbage, rubbish,
and bulky wastes from dwelling units, such as single family residences,
and multi-family residential sources with less than seven dwelling
units, by contract with a private collector.
2.
All persons in dwelling units, such as single family residences,
and multiple family units with less than seven dwelling units, shall
use the residential collection service provided by the Borough unless
they can demonstrate that they have made alternative arrangements
that are consistent with this Part and approved by the Borough.
3.
All multi-family residential sources with more than six dwelling
units, commercial, institutional, and industrial establishments shall
negotiate and individually contract collection service with the Borough's
collector or any other properly licensed waste hauler of their choice.
4.
All residential garbage and rubbish shall be collected at least once
a week. Bulky wastes shall be collected following prior arrangement
with the Municipality's collector and payment of any required
special fee.
5.
All commercial, institutional, public and industrial lunchroom and
office waste containing garbage shall be collected at least once a
week. Rubbish collection from these sources shall be made as often
as necessary to control health hazards, odors, vectors, and unsightly
conditions. The Borough reserves the right to require more frequent
collection when deemed necessary.
6.
Residential collection schedules shall be posted publicly at the
Borough Hall by the Borough or its contracted hauler.
7.
All solid waste collection activity shall be conducted from Monday
through Friday between the hours of 6:00 a.m. and 6:00 p.m. or on
Saturdays between the hours of 6:00 a.m. and 12:00 noon, unless prior
approval of any exception has been granted by the Borough. No collection,
hauling, or transporting of solid waste shall be permitted on Sunday.
8.
All licensed haulers and haulers under contract with the Borough
shall comply with the following standards an regulations:
A.
All municipal waste collected within the Borough shall ultimately
be disposed of only at a landfill cited in the Allegheny County Solid
Waste Management Plan, 1990, or on subsequent revisions thereto.
B.
Any trucks or other vehicles used for the collection and transportation
of municipal waste must comply with the requirements of Act 97, and
any Department regulations adopted pursuant to Act 97 and must be
licensed by the Allegheny County Health Department.
C.
All collection vehicles conveying domestic waste and garbage shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors, the creation of odors and other nuisances.
D.
Collection vehicles for rubbish and other nonputrescible solid waste
shall be capable of being enclosed or covered to prevent roadside
litter and other nuisances.
E.
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards, and nuisances.
F.
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
[Ord. 613, 6/8/1988, § VI; as amended by Ord. 618,
4/12/1989, §§ 1, 2; by Ord. 621, 12/27/1989, § 1;
by Ord. 631, 12/18/1990, § 1; by Ord. 642, 12/18/1991, § 1;
by Ord. 648, 12/16/1992, § 1; by Ord. 651, 12/15/1993, § 1;
by Ord. 662, --/--/1994, § 1; by Ord. 673, 12/13/1995, § 1;
by Ord. 677, 12/11/1996, § 1; and by Ord. 679, 12/16/1997,
§ 1]
1.
The Borough Council of the Borough of Ben Avon shall be authorized
to make funds available, in accordance with the laws and procedures
of the Borough, for the establishment, maintenance, and operation
of a municipal solid waste collection and disposal system; or for
the contracting of such service to a private collector.
2.
The Borough shall be responsible for the collection of the fees for
solid waste collection and disposal from residential customers including
multiple-family buildings with less than seven dwelling units.
A.
The annual fee for the collection of municipal waste in the Borough
of Ben Avon shall be $105 per dwelling unit for the calendar year
1998. The annual fee is hereby levied upon each dwelling unit situate
in the Borough.
B.
The annual fee may be paid at discount in one installment of $95
due on or before February 28, 1998. In the alternative, the fee may
be paid at face value on or before May 31, 1998; thereafter the annual
fee, or any part thereof remaining unpaid, may be paid with 5% penalty.
After December 31, 1998, the amount due may be liened by the Borough
in accordance with the municipal lien law of Pennsylvania, and thereafter
interest will be due thereon at 10% per annum until paid in full.
C.
The Borough may contract the collection of the fee to a Council of
Governments or private municipal collection service as Council shall
from time to time determine.
D.
All unpaid municipal waste collection fees, together with late fees,
service charges, and lien costs shall be lienable against the real
estate which is the situs of the dwelling unit, pursuant to the Municipal
Lien Law, Act of May 16, 1923, P.L. 207, as amended.
E.
The Council of the Borough of Ben Avon may, from time to time, by
resolution fix the annual fee levied pursuant to this Part, and the
manner and time of its collection, including payment dates, discounts,
penalties and service charges. Any fee levied under the provisions
of this Part shall remain in effect from year to year until further
resolution of the Borough Council.
3.
Licensed haulers shall be responsible for the collection of any collection
and disposal fees from multi-family residential buildings with more
than six dwelling units, commercial, institutional, and industrial
customers.
[Ord. 613, 6/8/1988, § VII]
The Borough may petition the Court of Common Pleas of Allegheny
County for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this Part.
[Ord. 613, 6/8/1988, § VIII; as amended by Ord.
903, 3/31/1999, § 1; and by Ord. 752, 1/17/2012]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
[Ord. 643, 3/2/1992, § I]
The short title of this Part shall be the "Borough of Ben Avon
Recycling Ordinance," and the same may be cited in that manner.
[Ord. 643, 3/2/1992, § II; as amended by Ord. 752,
1/17/2012]
The following words and phrases used throughout this Part shall
have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.
Empty aluminum beverage or food containers.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the Borough to collect
recyclable materials from residences, or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Borough to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes.
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, bazaars,
socials, picnics and organized sporting events attended by 200 or
more individuals per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin coated food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are non-container glass, plate glass, automotive glass, light
bulbs, blue glass and porcelain and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people including,
but not limited to, hospitals, nursing homes, orphanages, day care
centers, schools and universities.
Includes, but not be limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, but not including
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.
Any properties having six or more dwelling units per structure.
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or 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 residential 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, wastewater treatment plant or air pollution control facility.
The term does not include source-separated recyclable materials.
The Borough of Ben Avon.
Paper of the type commonly referred to as newsprint and 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, color comics, glossy advertising
inserts and advertising inserts printed in colors other than black
and white often included with newspapers.
Owners, lessees, and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the Borough may stipulate specific types
of plastic which may be recycled. This stipulation may be made and
amended from time to time, by resolution of Borough Council.
Materials generated by residences and commercial, municipal
and institutional establishments 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 shall include clear, amber and green glass, aluminum,
ferrous metal and bimetallic cans, PET and HDPE plastics, and any
other items selected by the Borough from among those specified in
future revisions to Act 101, 53 P.S. § 4000.101 et seq.
The recyclable materials selected by the Borough may be revised from
time to time as deemed necessary by the Borough, by resolution of
Borough Council.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, 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 dwellings having up to
six dwelling units per structure for which the Borough provides municipal
waste collection service under existing ordinances.
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 Pennsylvania Department of Environmental
Protection for beneficial use.
[Ord. 643, 3/2/1992, § III]
1.
The Borough hereby establishes a recycling program for the mandatory
separation and collection of recyclable materials from all residences
and all commercial, municipal and institutional establishments located
in the Borough for which waste collection is provided by the Borough
or any other collector. Collection of the recyclable materials shall
be made at least once per month by the Borough, its designated agent,
or any other solid waste collectors operating in the Borough and authorized
to collect recyclable materials from residences or from commercial,
municipal and institutional establishments. The recycling program
shall also contain a sustained public information and education program.
2.
Specific program regulations shall be promulgated by the Borough Council as an attachment to this Part. The Borough is empowered to make changes to program regulations as necessary, as described in § 20-210. Subsequent changes in the program regulations may be made by resolution of the Borough council and public notice and notification to all affected parties.
3.
This Part is ordained pursuant to the provisions of the Borough Code,
53 P.S. § 45101 et seq.
[Ord. 643, 3/2/1992, § IV]
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this Part.
[Ord. 643, 3/2/1992, § V]
1.
All persons who are residents of the Borough shall separate all of
those recyclable materials designated by the Borough from all other
municipal waste produced at their homes, apartments and other residential
establishments, store such materials for collection, and shall place
same for collection in accordance with the guidelines established
hereunder.
A.
Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in containers
provided by the Borough for collection; provided, however, that unless
and until the Borough provides such containers, or in the event that
the volume of recyclable material exceeds the capacity of the containers
provided, recyclable materials shall be placed at the curbside in
blue plastic bags manufactured and marketed as recycling bags; and
further provided that any person who has contracted with the Borough's
waste collector for rear yard pickup of waste may contract for rear
yard pickup of recyclable materials. Any containers provided to residences
for collection of recyclable materials shall be the property of the
Borough and shall be used only for the collection of recyclable materials.
Any resident who moves from the Borough shall be responsible for returning
the allocated container(s) to the Borough or shall pay the replacement
cost of said container(s). Use of recycling containers for any purpose
other than the designated recycling program or use of the recycling
containers by any person other than the person allocated such container(s)
shall be a violation of this Part.
B.
An owner, landlord, manager or agent of an owner, landlord or manager
of a multi-family housing property with more than six units may comply
with its recycling responsibilities by establishing a collection system
at each property. The collection system must include suitable containers
for collecting and sorting the recyclable materials, easily accessible
locations for the containers, and written instructions to the occupants
concerning the use and availability of the collection system. 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 buildings. If recyclable materials are collected by a collector
other than the Borough or its authorized agent, owners, landlords
and agents of owners or landlords shall submit an annual report to
the Borough reporting the tonnage of materials recycled during the
previous year. This requirement may be fulfilled by submission of
a letter, or form from the collector which certifies that recyclable
materials are being collected from the multifamily housing property,
provided the collector submits an annual report indicating the tonnage
of materials recycled during the previous year from such properties
in the municipality.
2.
During designated periods of municipal leaf collection, all persons
must separate leaf waste from other municipal waste generated at their
houses, apartments and other residential establishments for collection
unless those persons have otherwise provided for composting of leaf
waste.
3.
Persons must separate high grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the Borough generated at commercial, municipal and institutional establishments
and from community activities and store the recyclable materials until
collection. A person may be exempted from this subsection by:
A.
Providing for the recycling of high grade office paper, aluminum,
corrugated paper and other materials deemed appropriate by the Borough.
B.
Submitting, at a minimum, an annual recycling report to the Borough
Council of the Borough. The report shall document the amount of municipal
waste generated per year as well as the type and weight of materials
that were recycled in the previous calendar year. Valid documentation
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 the form of one
of the following:
(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 recyclables generated by an individual establishment
may be approximated based on a representative sample of its source-separated
materials.
(3)
A report from the provider of waste 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
establishment may be approximated based on a representative sample
of its waste. For subparagraph (1) and (2) 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.
4.
If recyclable materials are collected by a collector other than the
Borough or its authorized agent, occupants of said establishments
shall submit an annual report to the Borough reporting the type and
weight of materials recycled during the previous calendar years. This
requirement may be fulfilled by submission of a letter or form from
the collector which certifies that recyclable materials are being
collected from the establishment.
5.
All employees, users (patrons), and residents of commercial, municipal
and institutional establishments must be informed of the recycling
program. The education program should describe the program's
features and requirements, and should include at a minimum an annual
program meeting and an orientation to the program upon the arrival
of a new employee or resident. Receptacles should be clearly marked
with the recycling symbol and the type of recyclable material that
is to be placed in the receptacle, and signs should be prominently
displayed stating the requirements of the program. Commercial, municipal
and institutional establishments which generate more than 2,200 pounds
of municipal waste per month should also implement a waste minimization
opportunity assessment which includes:
A.
Waste characterization, including source, generation rate, management
techniques, arid management costs. The assessment should expressly
consider high-grade officer paper, aluminum, corrugated paper, and
any other materials generated in significant quantities.
B.
A description of all possible waste minimization options, including
use and waste reclamation.
C.
An evaluation of the economic and technical feasibility of each option
and a ranking of each option.
D.
An estimate of the pay back period for each feasible option.
E.
A statement of which options will be implemented, including an explanation
and a timetable.
F.
Identification of the individual(s) who will be responsible for implementing
the plan.
6.
The waste minimization plan should be periodically updated. Implementation
of the plan should include:
A.
Recycling or composting of materials, to the greatest extent feasible,
either privately or through a municipal recycling program.
B.
Use, to the greatest extent feasible, or products and materials which
are recyclable or made of post-consumer materials.
C.
Substitution to the greatest extent feasible, or durable and reusable
products arid materials for products that are not durable or reusable.
D.
Appropriate education materials and signs should be made available
to employees or the public to encourage participation in recycling
and waste reduction.
[Ord. 643, 3/2/1992, § VII]
All recyclable materials placed by persons for collection by the Borough or authorized collector pursuant to this Part shall, from time of placement at the curb, become the property of the Borough or the authorized collector, except as otherwise provided by § 20-207 of this Part. Nothing in this Part shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
[Ord. 643, 3/2/1992, § VII]
It shall be a violation of this Part for any person, firm or
corporation, other than the Borough or one authorized by the Borough
or other entity responsible for providing for collection of recyclable
materials, to collect recyclable materials placed by residences or
commercial, municipal and institutional establishments for collection
by the Borough or an authorized collector, unless such person, firm
or corporation has prior written permission from the generator to
make such collection. The unauthorized collection from one or more
residences or commercial, municipal and institutional establishments
of recyclable materials in violation hereof on one calendar day shall
constitute a separate and distinct offense punishable as hereinafter
provided.
[Ord. 643, 3/2/1992, § VIII]
Any resident or commercial, municipal or institutional establishment
may donate or sell recyclable materials to any person, firm or corporation,
whether operating for profit or not, provided that the receiving person,
firm or corporation shall not collect such donated recyclable materials
from the collection point of a residence or commercial, municipal
or institutional establishment without prior written permission from
the Borough or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
[Ord. 643, 3/2/1992, § IX]
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this Part. The collected recyclable materials
shall be taken to a recycling facility. Disposal by collectors or
operators of recycling facilities of source-separated recyclable materials
in landfills or to be burned in incinerators is prohibited.
[Ord. 643, 3/2/1992, § X; as amended by Ord. 752,
1/17/2012]
1.
The Borough Administrator is hereby authorized and directed to make
reasonable rules and regulations for the operation and enforcement
of this Part as deemed necessary, including, but not limited to:
A.
Establishing recyclable materials to be separated for collection
and recycling by residences, and additional recyclable materials to
be separated by commercial, municipal and institutional establishments.
B.
Establishing collection procedures for recyclable materials.
C.
Establishing reporting procedures for amounts of materials recycled.
D.
Establishing procedures for the distribution, monitoring and collection
or recyclable containers.
E.
Establishing procedures and rules for the collection of leaf waste.
2.
Any person, firm or corporation who shall violate the provisions
of this Part shall receive an official written warning of noncompliance
for the first and second offense. Thereafter all such violations shall
be subject to the penalties hereinafter provided.
3.
Except as hereinafter provided, any person, firm or corporation who
shall violate any of the provisions of this Part, upon conviction
thereof, shall be sentenced to a fine of not less than $25 nor more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days. Each day that
a violation of this Part continues or each section of this Part which
shall be found to have been violated shall constitute a separate offense.
4.
The Borough reserves the right not to collect municipal waste containing
recyclable materials in combination with non-recyclable materials.
[Ord. 643, 3/2/1992, § XI]
The Borough may enter into agreements with public or private
agencies or firms to authorize them to collect all or part of the
recyclable materials from curbside.
