ATTACHMENTS
Attachment EN - End Notes
[Ord. 984, 11/5/1980, Section 1; amended by Ord. 1486, 12/20/1995, Section 1; Ord. 1625, 5/22/2000, Section 1; Ord. 1734, 12/31/2002, Section 1; Ord. 2012, 2/4/2013]
The following words, when used in this ordinance, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
ASHES
The residue from the burning of wood, coal, coke or other combustible materials for the purpose of heating or cooking.
BASEMENT LEVEL
As used in determining fees, penalties, discounts and delinquents, basement level shall mean a location inside a building and not immediately inside an unlocked door on ground level.
BRUSH
Woody material trimmed from trees or shrubs too large to be placed for collection in organic materials carts. Such material is processed by Municipal employees through a chipper for recycling into compost or mulch.
BUILDING DEBRIS
Debris resulting from minor noncommercial repairs to a private dwelling by the owner or occupant shall be classified as refuse or riffraff.
BUILDING WASTE
Any and all refuse or residue resulting directly from building construction, reconstruction, repair or demolition; from grading or other incidental work in connection with any premises.
COMMERCIAL
As used in determining fees, penalties, discounts and delinquents, shall mean all premises in the commercial area of the Municipality as set forth in the Zoning Map thereof served by municipal containers, plus other premises served by municipal containers, as set forth in § 8-106 of this chapter.
COMMERCIAL APARTMENTS
A multifamily building which utilizes, for refuse collection and disposal purposes, an approximate six- or eight-cubic-yard metal box or boxes as a refuse container, which boxes are owned or provided by the owner of the multifamily building or by the Municipality, and located on the same or adjoining premises, into which all refuse from the multifamily building is placed by the property owner or tenants and which can be, and presently is, loaded mechanically by front-loading type trucks.
COMPOST PILES
A pile consisting of straw, cornstalks, hay, garden rubbish, clean garbage, grass clippings, leaves, weeds, peat, sawdust and appropriate limes and fertilizer for the purpose of improvement of soil. Compost piles shall not be considered as being within the definition of garbage or refuse as set forth herein.
DEPARTMENT
The Department of Public Works of the Municipality.
FAMILY
Either an individual or two or more persons related by blood or marriage, or a group of not more than three persons not related, living as a single housekeeping unit in a dwelling unit.
GARBAGE
The animal, fruit and vegetable waste resulting from the handling, preparation, cooking and consumption of foods and the residue from fruit trees located on the premises. It shall not include more than a minimum amount of free liquids. It shall not include food processing wastes from industries, such as canneries or packing plants nor large quantities of condemned food products.
HAZARDOUS REFUSE
Any refuse, the handling or disposal of which would constitute a danger to municipal employees, municipal property or any handler of such refuse, and shall include but not be limited to: acids, explosives, highly combustible material and the like.
IMPORTING REFUSE
The bringing of refuse from a location where such refuse is generated or accumulated, which location is outside the corporate limits of the Municipality, into any location within the Municipality for disposal of any type.
INDUSTRIAL REFUSE
Any and all residue resulting directly from industrial or manufacturing operation. It shall not include waste originating from commercial operations or an industrial establishment. It shall not include waste resulting from operations in connection with the construction of buildings, building or repairing of streets or buildings, demolition or excavation.
LITTER
All waste material, garbage, trash, refuse, and other substances including, but not limited to, cigarette butts, plastic and paper wrappings which, if thrown, scattered, or deposited, as herein prohibited, tends to injuriously affect public health, safety, and welfare or tends to have a detrimental or unsightly impact on the environment.
OCCUPANT
The owner occupying any part of the premises or a tenant or renter of such premises.
OWNER
The owner of the premises within the Municipality or any agency or other person employed by him to manage or maintain such premises.
PERSON
A natural person, firm, copartnership, association, school, church, institution or corporation.
PREMISES
A building or group of buildings constituting a single property and the lot or parcel of land on which such building or buildings is located.
REFUSE
Garbage, ashes, rubbish, riffraff, commercial refuse, industrial refuse, dead animals and building waste as herein defined.
RESTAURANT (CLASS I)
A place of business where food, drinks or refreshments are prepared and sold to customers primarily for consumption on the premises. This term shall include, but not be limited to, an establishment known as a cafe, lunch counter, cafeteria or other similar business but shall not include a Restaurant (Class II). In a restaurant, any facilities for carry-out shall be clearly subordinate to the principal use of providing prepared foods for consumption on the premises.
RESTAURANT (CLASS II)
Any establishment whose principal business is the sale of food and beverages in a ready-to-consume state for consumption, either within the building or for carry-out off the premises, and whose design or principal method of operation includes the following: foods and beverages usually served in disposable or edible containers; self-service with customers expected to clean up after themselves; and posted menus.
RIFFRAFF
All waste materials not included in the definition of "garbage," "ashes," or "rubbish" too large for collection in the ordinary containers, as set forth herein, such as furniture, tanks, stoves and the like.
RUBBISH
All waste materials not included in the definition of "garbage," "ashes" and "riffraff," except building rubbish from building construction or recreation, industrial refuse, dead animals, abandoned large machinery or vehicles or such other waste materials as are not commonly produced in homes, stores and institutions.
TOWNHOUSE
One of a number of residential units within a common structure, each of which occupies both the ground and second floor and has a private, on-grade entrance.
[Ord. 984, 11/5/1980, Section 2; amended by Ord. 2012, 2/4/2013]
a. 
All refuse accumulated in the Municipality shall be collected, conveyed and disposed of by the Municipality.
b. 
The cost of such service and the responsibility of payment therefor shall be borne by the owner of premises from which said refuse is collected or upon which premises said refuse is accumulated and disposed of. In addition, the actual occupant of any such premises, as referred to in the preceding paragraph, shall be responsible for the payment of fees as hereafter specified and the Municipality may require payment from either the owner, the occupant or any other person producing refuse or responsible for the existence of disposal thereof or for whom such refuse is removed. No agreement between an owner and occupant or other person shall relieve the owner of any premises from liability for payments as set forth hereinafter.
c. 
Nothing in this section shall be deemed to prevent or prohibit the use of garbage units discharging into sanitary sewers, which use, however, shall not affect the schedule of fees or charges.
d. 
It shall be unlawful for any person to collect, convey over any of the streets or alleys of the Municipality or dispose of any refuse accumulated in the Municipality in any manner not approved in this ordinance or subsequent regulations.
e. 
All persons within the Municipality shall dispose of collectible refuse by the municipal collection service only and shall not transport or dispose of refuse by any other means. The Department shall be responsible for the collection and disposal of all refuse in the Municipality and shall be under the supervision of the Director of Public Works. He shall have authority to make regulations concerning the days of collection, type and location of containers demanding special consideration and not sufficiently covered in this ordinance, and such other matters pertaining to the collection and disposal, as he may deem advisable, which are not contrary to the provisions hereof. The decision of the Director of Public Works may be appealed to the Municipal Manager and to the Municipal Council, which may confirm, modify or revoke any regulations.
f. 
Collectors of refuse from outside the Municipality who desire to haul over the streets of State College shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled. Such disposal shall be made outside the municipal limits.
g. 
Ownership of refuse material set out for collection shall be vested in the Municipality.
h. 
It shall be unlawful and a violation of this ordinance for any person to import refuse into the Municipality, as defined in § 8-101.
[Ord. 2012, 2/4/2013; amended by Ord. 2028, 11/18/2013, Section 1]
All properties served by individual cart collection shall be provided carts by the Municipality for regular refuse and, at the option of the resident or owner, for organic materials. Curbside organic materials collection is provided by designated organics carts for weekly collection, loose leaf collection during announced periods in spring and fall, and brush chipping/collection on a call-in basis. These materials shall be placed for collection not later than 7:00 a.m. on the scheduled collection day, shall be within three feet of the curb and three feet from any obstruction, and shall not be in any other container or corral. Materials should be prepared for collection as follows:
a. 
Regular refuse shall be placed in carts provided by the Municipality for such collection. Lids must be closed on the carts to prevent the disturbance or scattering of the materials by pests.
(1) 
All rubbish, litter, cold ashes and small building debris shall be drained of liquid and bagged before being deposited for collection in the regular refuse container.
(2) 
If not participating in separate organic materials collection, all garbage must be drained of free liquids and closed in plastic bags or paper bags before being deposited for collection in the regular refuse container. No person shall deposit leaves or grass clippings in a regular refuse cart for collection.
b. 
If participating in separate organics collection, organic materials shall be placed in carts provided by the Municipality for such collection, and shall be placed within three feet of the curb for collection by the Municipality. Lids must be closed on the carts to prevent disturbance or scattering of the materials by pests.
(1) 
All garbage, before being placed in the organics container for collection, shall have drained from it all free liquids and must be placed in the organics cart for collection.
(2) 
Small hedge clippings, garden gleanings, waste from fruit and nut trees, grass clippings, small quantities of leaves and small branches that will fit shall be placed in the organics cart for collection.
c. 
At-house collection may be arranged for regular refuse only, for a single container per dwelling unit, and at an additional fee. Organic materials placed for separate collection must be presented at the curb for collection.
d. 
Tree trimmings, hedge clippings and similar material shall be disposed of as riffraff under § 8-108 if the same cannot be placed in the organics cart for collection.
e. 
No person shall permit any refuse to remain in any street, alley or other public place or upon any private property, whether owned by such person or not, within the Municipality, except it be in proper receptacles for collection, unless such material is placed for riffraff collection as bulky items under § 8-108 and proper arrangements made for its collection.
f. 
Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and shall be deemed a violation of this ordinance.
g. 
It shall be unlawful for any person other than the occupants of the premises on which collection carts are stored, or the collector, to remove the covers of any of the carts or to remove the refuse stored in such carts.
[Ord. 2012, 2/4/2013]
All properties served by commercial collection containers for regular refuse shall prepare materials for collection as follows:
a. 
All rubbish, litter, cold ashes and small building debris shall be drained of liquid and bagged before being deposited for collection.
b. 
Lids must be closed on the containers to prevent the disturbance or scattering of the materials by pests.
c. 
No person shall permit any refuse to remain in any street, alley or other public place or upon any private property, whether owned by such person or not, within the Municipality, except it be in proper receptacles for collection, unless such material is placed for riffraff collection as bulky items under § 8-108 and proper arrangements made for its collection.
d. 
Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and shall be deemed a violation of this ordinance.
e. 
It shall be unlawful for any person other than the occupants of the premises on which collection containers are stored, or the collector, to remove the covers of any of the containers or to remove the refuse stored in such containers.
f. 
It shall be unlawful to park or place a vehicle such that the dumpster container cannot be emptied by the collection crew of the Department. Any person who parks or places a vehicle such that the dumpster container cannot be emptied shall be in violation of this ordinance and subject to the penalties contained herein.
[Ord. 984, 11/5/1980, Section 4; amended by Ord. 2012, 2/4/2013]
Compost piles not located within the front yard or side yard of any lot shall be permitted on such lot or premises so long as the said compost pile does not create a health hazard or nuisance.
[Ord. 984, 11/5/1980, Section 5; amended by Ord. 2012, 2/4/2013; Ord. 2028, 11/18/2013, Section 2]
a. 
A sufficient number of residential refuse and organic materials carts shall be provided by the Municipality based upon the number of residential units served. The owner or occupant of the dwelling served may select from the available sizes of carts provided by the Municipality. All carts shall remain the property of the Municipality.
b. 
No cart shall be so filled that the lid will not fit tightly.
c. 
It shall be the responsibility of the occupant of the premises to keep all carts in a sanitary condition. All carts shall be maintained in good condition, and property owners or occupants shall notify the Department promptly of any maintenance needed on any cart.
d. 
All refuse and organic materials carts shall be marked for identification by the Municipality.
e. 
More than one family or living unit on the same premises may use the same carts but each family must pay the established rate as though a separate container is being used.
f. 
Commercial containers, owned and supplied by the Municipality, shall be located at various locations throughout the commercial area of the Municipality, as set forth in the Zoning Map. Such containers may be located on municipal rights-of-way or on private property by Agreement with the owners thereof. All owners, occupants and other persons with rubbish to be disposed of shall dispose of such rubbish in such containers and not otherwise transport rubbish from the premises upon which the rubbish is to be removed. The Municipal Manager shall designate which of such containers shall be used for which premises and those persons disposing of rubbish from such indicated premises shall use the said municipal-owned containers as designated and none other.
g. 
Outside the commercial area of the Municipality, commercial containers shall be owned and supplied by the owners of the property, but must be suitable for collection by the refuse collection equipment of the Municipality. Placement of the commercial refuse container must be approved by the Director of Public Works or his designee and must be placed such that the container may be collected without manual maneuvering of the container by municipal employees.
[Ord. 984, 11/5/1980, Section 6; amended by Ord. 1638, 10/2/2000, Section 1; Ord. 1734, 12/31/2002, Section 3; Ord. 1740, 3/5/2003, Section 1; Ord. 2012, 2/4/2013]
For the purpose of collection, refuse and organics carts shall be placed within three feet of the curb, edge of alley or street pavement and at least three feet from any obstruction. All carts placed at the curb, street or alley for collection shall be removed from the curb, street, or alley on the day of collection. Failure to remove carts from the curb, street, or alley shall constitute a violation of this ordinance, subject to the penalties contained herein. Refuse may be placed for collection at other than street or alley locations as provided for in § 8-103c.
[Ord. 984, 11/5/1980, Section 7; amended by Ord. 1740, 3/5/2003, Section 2; Ord. 1914, 12/15/2008, Section 7; Ord. 2012, 2/4/2013]
a. 
Frequency of Collection. The Municipal Manager is hereby authorized to arrange rate schedules for public collection of refuse in the various categories and sections of the Municipality.
The Municipal Manager is authorized to set up special collection schedules for the removal of riffraff from all premises in the Municipality. It shall be the duty of occupants of premises to notify the Department of the kind and amount of riffraff to be collected.
The Municipal Manager is authorized to set up special collection schedules for the removal of brush too large to fit in organic materials carts from all premises in the Municipality. It shall be the duty of occupants of premises to notify the Department when brush is placed at the curb for collection.
b. 
Limitation of Quantity. It is the intent of this ordinance that those classified as commercial shall have their reasonable accumulations of refuse collected at a fair charge base upon average weight of volume. The Municipal Manager may make an additional charge for excessive or unreasonable amounts.
Residential customers requesting other-than-street collection of refuse are limited to no more than 90 gallons of refuse per week. Customers with more than 90 gallons may place additional refuse in containers approved by the Municipality, and placed at the street or alley as determined by the collection practices from neighboring properties, at no additional charge.
c. 
Special Refuse Problems.
(1) 
Contagious Disease Refuse. The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Health Officer. Such refuse shall not be placed in any containers for regular collection.
(2) 
Hazardous Refuse. Hazardous refuse shall not be placed in any containers for regular collection but shall be disposed of as directed by the Municipal Manager at the expense of the owner or possessor thereof.
Special refuse problems shall be discussed by the occupant with the Municipal Manager. In case of inability to reach an agreement, the matter may be referred to the Municipal Council, whose decision is final.
[Ord. 984, 11/5/1980, Section 8; amended by Ord. 2012, 2/4/2013; Ord. 2028, 11/18/2013, Section 3]
Refuse or leaves may not be burned outdoors on the premises in any manner whatsoever. It shall be unlawful for any occupant or other person to start a fire of any description for any purpose except within the building or other structure in a stove, furnace or fireplace or other designed containers for fire. Outside incinerators of all kinds are hereby declared unlawful and shall not be used for fire or storage of refuse. Exceptions shall be construction firepots, charcoal grills and fireplaces attached to and made a part of a dwelling when the flue thereof extends upward higher than the highest portion of the said dwelling. Other exceptions may be made by permit, which shall be applied for to the Municipal Manager and shall be granted when the circumstances reasonably require outside burning and do not present a hazard or annoyance to persons or property. No such burning shall be performed until after the granting of such permit.
Refuse or recycling materials may not be burned, indoors or outdoors, except for small amounts of paper or cardboard used to start a fire in a stove, furnace, fireplace or other designed containers for fire.
[Ord. 984, 11/5/1980; Ord. 1299, 12/19/1990; Ord. 1398, 12/14/1992; Ord. 1432, 12/16/1993; Ord. 1486, 12/20/1995; Ord. 1556, 12/23/1997; Ord. 1647, 12/21/2000; Ord. 1723, 12/23/2002; Ord. 1735, 12/23/2002; Ord. 1740, 3/5/2003; Ord. 1745, 4/24/2003; Ord. 1831, 12/20/2005; Ord. 1884, 12/17/2007; Ord. 1914, 12/15/2008; Ord. 2012, 2/4/2013; Ord. 2028, 11/18/2013; Ord. No. 2229, 12/2/2024]
a. 
Fees.{5} The fees and payment schedule for the collection and disposal of refuse shall be as approved by the Council of the Municipality on an annual basis. Volumes of commercial refuse using shared municipal containers shall be estimated based on the type and size of business. Volumes of commercial refuse using privately-owned containers shall be based on the average weekly collection amount from such containers.
b. 
Refunds and Allowances. Refunds and allowances will be granted upon application by the property owner and/or tenant on no less than a quarterly basis and only for discontinuance of service for a subsequent full quarter or more.
Discontinuance of service may be allowed only when proof has been given to establish that the premises will be vacant during such a period of time. If such discontinuance of service is during the then-calendar year and payment in advance has been made, a proportionate refund will be made, and if such discontinuance is during the following calendar year, a proportionate allowance or deduction will be granted.
Other refunds or allowances may be made in meritorious and deserving cases presented by written request. Refunds or allowances may be approved by the Manager or the Manager's designee provided such refunds or allowances are deemed to be reasonable based on policy and regulations of the Borough.
All refunds and allowances will be based upon the fee schedule in effect at the time service is discontinued.
c. 
Delinquent Accounts. All accounts shall be considered delinquent if not paid by the due date shown on the statement. Delinquent accounts will have a 1% penalty added to the unpaid balance for each month the account is delinquent for a maximum penalty of 12% per annum. If a delinquent account is not paid within six months, the Municipal Manager or his/her designee may refer the account to the Municipal Solicitor with instructions to proceed with the collection of such unpaid account by an action in assumpsit or in any other manner provided by law for the collection of municipal claims and charges.
[Ord. 984, 11/5/1980, Section 1; amended by Ord. 1432, 12/16/1993, Section 3; Ord. 1625, 5/22/2000, Section 2; Ord. 1889, 12/17/2007, Section 5; Ord. 1984, 2/6/2012, Section 1; Ord. 2012, 2/4/2013; Ord. 2092, 3/20/2017, Sections 1 and 2]
a. 
No person shall throw, place, deposit, leave, or cause or permit the dumping, depositing, placing, throwing, or leaving of litter or other refuse on any sidewalk, street, alley or public place. Any person failing to comply with this provision shall be in violation of this ordinance and subject to receiving a violation notice issued by an authorized agent of the Borough.
b. 
Persons owning, renting and/or occupying property shall keep the sidewalk in the front, side(s), and rear of their premises as well as the premises free of litter. No person shall sweep or deposit litter into any gutter, street, or other public place within the Borough from any building or from any public or private sidewalk or driveway.
c. 
Persons owning or occupying places of business within the Borough shall clean their premises and sidewalk in the front, side(s), and rear of their businesses and keep them free of litter. No person owning or occupying a place of business shall sweep or deposit litter into any gutter, street, or other public place within the Borough or from any public or private sidewalk or driveway.
d. 
Upon the discovery of the initial violation on a premises, the authorized agent of the municipality may give a verbal order or a written notice of warning to the owner, and/or occupant(s) and/or person in charge (or either of them as the case may be), of such violation. Should a verbal order or a written notice of warning be issued, the owner and/or occupant(s) and/or person in charge shall then have 24 hours to abate such violation. If after a period of no less than 24 hours the municipality's authorized agent observes that the violation on the premises has not been abated, the agent may then issue an ordinance violation or citation to the owner and/or occupant(s) and/or person in charge. The authorized agent of the municipality shall not be required to first issue a written notice of warning for each initial and/or separate offense on a premises prior to issuing a violation notice or a citation, or filing a citation in accordance with § 8-114 of this ordinance.
[Ord. 984, 11/5/1980, Section 12; amended by Ord. 1432, 12/16/1993, Section 4; Ord. 2012, 2/4/2013]
No empty boxes, barrels or rubbish of any kind whatsoever shall be left upon any pavement, sidewalk, street or alley within the Municipality, and any person or persons being keeper of any store, office or shop, or occupant of any other building violating any of the provisions of this section and not removing or causing the removal of any such material or articles, when adjacent to or in front of any property occupied by him, her or them, upon notice by the Municipal Manager, the Manager's designee, or any Police Officer of the Municipality, shall be subject to the fines and penalties given in § 8-114 of this chapter. The prohibition against leaving empty boxes, barrels and rubbish upon any pavement, sidewalk, street or alley shall not apply to boxes, barrels or cases containing goods, wares, merchandise or fruits, etc. for such space of time as may be necessary in order to remove the contents thereof and thereupon to remove said boxes, barrels or cases.
[Ord. 984, 11/5/1980, Section 13,{40}; amended by Ord. 1432, 12/16/1993, Section 5; Ord. 1625, 5/22/2000, Section 3; Ord. 1889, 12/17/2007, Section 5; Ord. 2012, 2/4/2013]
It shall be the duty of the Municipal Manager, or the Manager's authorized agent, to enforce the provisions of this ordinance, whether on public or private property, upon their own observation or knowledge. In addition to any other penalties, if any owner and/or occupant neglects or refuses to remove litter or other refuse as required in this ordinance, the Municipal Manager may remove or cause to be removed the litter or other refuse and the cost of removing the litter or refuse plus 20% shall be collected by the Municipality. Upon failure to make payment of the entire amount due within 30 days from the date of the billing for said removal, the Municipality may enter a lien, as provided by law. This right, as herein prescribed in the Municipality, shall be in addition to penalties prescribed by § 8-114 of this chapter.
[Ord. 984, 11/5/1980, Section 14{50}; amended by Ord. 1432, 12/16/1993, Section 6; Ord. 1625, 5/22/2000, Section 4; Ord. 1642, 12/11/2000, Section 1; Ord. 1889, 12/17/2007, Section 5; Ord. 1984, 2/6/2012, Section 1; Ord. 2012, 2/4/2013; Ord. 2092, 3/20/2017, Section 3]
a. 
Upon the discovery of any violation under the terms of this Part, the municipality shall, through its authorized agents, give notice to the owner, or occupant(s) or person in charge of the premises (or either of them, as the case may be), of a violation hereunder, either by personal delivery, or by United States mail directed to the last known address of such person or persons, as shown in the real estate registry records of the municipality, or by leaving the same on the premises where such violation occurs. If such person shall, within seven days after delivery, mailing or leaving of such violation notice, pay to the Treasurer of the municipality the sum of $100 for the violation, the same will constitute full satisfaction for the violation noted in said notice. The penalty for violation of § 8-107, Points of Collection, leaving refuse and organics carts at the curb, street or alley after the day of collection, shall be $25. The failure of such person to make payment, as aforesaid, within seven days, shall render such owner subject to the penalties as provided in Subsection b. Nothing within this Part shall preclude the Municipal Manager or the Manager's authorized agent, in enforcing any provision of this Part, from immediately issuing a violation notice or a citation or filing a citation before a Magisterial District Judge against the owner, person in charge, or the occupant(s) of a premises (or either of them, as the case may be) for repeated or initial egregious violations, regardless of whether a written notice of warning was previously issued.
[Amended by Ord. No. 2124, 1/14/2019]
b. 
Any person found guilty of violating provisions of this ordinance shall be fined not less than $300 nor more than $1,000 for the first offense, and not less than $600 nor more than $1,000 for the second offense, and $1,000 for the third and subsequent offense in any one-hundred-eighty-day period and, upon failure to pay such fine, shall be sentenced to jail for a term not to exceed 30 days for each offense.
c. 
A penalty provided for under this ordinance may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct.
d. 
Each act of violation and every day upon which such violation occurs shall constitute a separate offense.
e. 
No more than one violation may be issued within a twenty-four-hour period for violations of Chapter VIII, Part A, § 8-107 and Chapter VIII, Part B, § 8-205
[Added by Ord. No. 2124, 1/14/2019]
[Ord. 1256, 10/6/1989, Section 1]
This ordinance shall be known as the State College "Recycling Ordinance" and the same may be cited in that manner.
[Ord. 1256, 10/6/1989, Section 2]
The Council of the Borough of State College, recognizing that the reclamation of recyclable materials has become an important method for addressing the growing solid waste disposal problem through conservation of landfill space, preservation of natural resources and a reduction in energy consumption, does hereby authorize the storage, collection, and transportation of recyclable materials in accordance with the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act (No. 101),[1] the Centre County Solid Waste Management Plan and this ordinance. This ordinance is intended to be an integral part of an overall system designed to facilitate recycling and foster the cooperation of the residents.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Ord. 1256, 10/6/1989, Section 3; amended by Ord. 1375, 6/22/1992, Section 1; Ord. 2028, 11/18/2013, Section 6 and 7]
The following words and phrases, when used in this Ordinance, shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
AUTHORITY
The Centre County Recycling and Refuse Authority.
BIMETAL CONTAINERS
Empty beverage or food containers consisting of steel and aluminum.
COLLECTOR
For purposes of collecting and transporting recyclables, means the Borough of State College or its agent.
COMMERCIAL ESTABLISHMENT
Any premise engaged in retail trade or sale of goods. Expressly included are all restaurants and taverns, all industrial or manufacturing businesses and all types of offices.
COMMUNITY ACTIVITIES
Church, school, civic, service group, municipal functions and all other such functions.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
CURBSIDE RECYCLING COLLECTION
The scheduled collection and transportation of recyclable materials placed at the curbline or other area designated by the collector.
DROP-OFF SITES
Those specified locations, staffed or unstaffed, where recyclable materials may be taken at specified times.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLINGS
a. 
MULTIFAMILY HOUSING FACILITYA building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.
b. 
ONE-FAMILY DWELLINGA building containing one dwelling unit only.
c. 
TWO-FAMILY DWELLINGA building containing two dwelling units only.
ELECTRONICS
Any items covered by the Covered Device Recycling Act of 2012,[1] plus any item also identified by the Authority for recycling rather than disposal.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with the responsibilities of administering this ordinance, or the official's authorized representative.
GLASS CONTAINERS
Bottles and jars made of clear, green or amber glass. Expressly excluded are noncontainer glass, automobile glass, plate glass, blue glass, lead crystal and porcelain and ceramic products.
GRASS CLIPPINGS
Blades or leaves of grass cut from cultivated lawns.
HIGH DENSITY POLYETHYLENE (HDPE) CONTAINERS
Plastic bottles and jars made exclusively from high-density polyethylene, such as milk and water jugs.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper, and computer paper used in commercial, institutional and municipal establishments.
HUMUS
Leaf wastes and grass clippings composted by the Borough for use as a soil conditioner by residents.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such as hospitals, schools and universities, day-care centers and nursing homes.
LEAD ACID BATTERIES
Includes, but not limited to, automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants.
MAGAZINES
Printed matter printed on slick or glossy paper containing contaminants not found in newsprint.
MULTIFAMILY (MULTIPLE) HOUSING FACILITIES
See "Dwellings."
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough of State College and other governmental and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semi-solid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities. Also included is any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act 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.
NEWSPAPERS
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 glossy advertising inserts often included with newspapers as well as newspapers which have been soiled.
OCCUPANT
Any person (including domestic service employees) living and/or sleeping in a dwelling unit.
PERSON
Any individual, partnership, municipal waste hauler, scrap dealer, corporation, association, institution, cooperative enterprise, municipality, municipal authority, Federal Government or agency, State institution 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 ordinance prescribing a fine, imprisonment or 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.
POLYETHYLENE TEREPHTHALATE (PET) CONTAINERS
Plastic soda bottles or other containers composed of the polymer PET.
RECYCLABLE MATERIALS
Any used material having an economic value in the secondary materials market. This term includes but is not limited to the following materials: aluminum cans and articles, bimetal cans, glass containers, corrugated paper, magazines, computer printout paper, computer tab cards, high-grade office paper, steel cans, newspaper, paper products not chemically coated, plastic polyethylene terephthalate (PET) bottles, plastic high density polyethylene (HDPE) containers and other materials designated by the Centre County Solid Waste Authority as having value. The term also includes grass clippings and leaves.
REFUSE
Garbage, ashes, rubbish, riffraff, commercial refuse, industrial refuse, dead animals and building waste.
STEEL CANS
Empty all-steel food and beverage containers.
[1]
Editor's Note: See 35 P.S. § 6031.101 et seq.
[Ord. 1256, 10/6/1989, Section 4; amended by Ord. 1375, 6/22/1992, Section 2]
Those recyclable materials separated under the provisions of this Ordinance shall not be considered municipal waste and shall not be subject to provisions of those ordinances which require disposal of municipal waste at designated facilities. This exemption applies to recyclable materials collected by the Borough or its agent.
The Borough or its agent, as the collector of recycling materials, shall be exempt from all provisions of ordinances which require disposal of municipal waste by licensed haulers. Recyclables separated, stored, collected or delivered in any manner other than that approved by the Borough or the Centre County Solid Waste Authority for materials intended for the Authority's intermediate processing plant, shall be considered municipal waste and be subject to the provisions of the appropriate ordinance.
[Ord. 1256, 10/6/1989, Section 5; amended by Ord. 1375, 6/22/1992, Section 3; Ord. 2028, 11/18/2013, Section 7]
The Council of the Borough hereby establishes a mandatory program for the separation of recyclable materials from municipal waste by all persons within the Borough. In doing so, the Borough officially becomes a participant in the Centre County Solid Waste Authority's Recycling Program, for which the Authority is the implementing agency.
The recycling program is mandatory and occupants are responsible for the separation of recyclable materials from solid waste and the preparation and placement of recyclables at curbside. Recyclable materials may also be delivered to established drop-off sites.
Following implementation of the residential curbside collection and drop-off facility programs within the Borough, the recycling program will be expanded to include multifamily housing facilities as well as commercial, institutional and municipal establishments and community activities. Immediately following program initiation, all affected persons will be governed by the provisions of this ordinance.
All recycling containers placed at the curb, street or alley for collection shall be removed from the curb, street, or alley on the day of collection.
[Ord. 1256, 10/6/1989, Section 6]
No person shall place a used, lead acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead acid battery, except by delivery to an automotive battery retailer or wholesaler to a secondary lead smelter permitted by the Environmental Protection Agency, or to a collection or recycling facility authorized under the laws of the Commonwealth.
[Ord. 1256, 10/6/1989, Section 7; amended by Ord. 1375, 6/22/1992, Section 4]
a. 
Leaf Waste. Leaf waste shall be recycled and may not be placed for regular refuse collection. All persons who reside in one- and two-family dwellings and all persons who are responsible for the administration of multifamily housing properties, commercial, municipal and institutional establishments, who gather leaves, shall separate all leaf waste from other waste and place it for collection at the times and in the manner theretofore or hereafter prescribed by the Borough. Nothing herein shall require any person to gather leaf waste or prevent any Borough resident or occupant from utilizing leaf waste for compost, gardening or other similar purposes.
b. 
Grass Clippings. Grass clippings shall be recycled and may not be placed for regular refuse collection. All persons responsible for grass cutting are encouraged to recycle the clippings on the lawn as mulch. All grass clippings not left on the lawn or privately composted shall be deposited in Borough-designated grass recycling drop-off locations. No branches, tree, brush or hedge trimmings or other non-grass materials are permitted at the drop-off locations. Grass recycling drop-off locations are exclusively for the use of Borough residents and businesses for grass originating in the Borough. Persons seeking to deposit grass clippings at the recycling drop-off locations may be required to prove residency.
c. 
Leaf and Grass Humus (Compost). The Borough may choose to provide humus from recycled grass and leaves at the grass recycling drop-off locations. Humus at the grass recycling drop-off locations is for Borough residents only. Persons seeking to remove humus may be required to prove residency.
[Ord. 1256, 10/6/1989, Section 8; amended by Ord. 1375, 6/22/1992, Section 5]
It is understood that any recyclables located at the curbline, in drop-off sites or in storage bins associated with commercial, municipal, institutional or multifamily housing establishments, are the property of the Borough or its agent.
It shall be a violation of this Ordinance for any person(s) to collect or remove, or cause to be collected or removed, any such recyclable materials specified in this ordinance or the Centre County Solid Waste Authority's rules and regulations, unless authorized by the Borough. Each such collection in violation hereof shall constitute a separate and distinct offense, punishable as outlined in § 8-212 of this chapter.
[Ord. 1256, 10/6/1989, Section 9; amended by Ord. 1375, 6/22/1992, Section 6]
The Borough Manager or his/her designee shall enforce and administer the provisions of this ordinance.
[Ord. 1256, 10/6/1989, Section 10; amended by Ord. 1375, 6/22/1992, Section 7]
The Borough may, from time to time, enter into an Agreement(s) with the Centre County Solid Waste Authority for the Authority to provide for the collection of all or part of the recyclable materials from curbside, drop-off or other designated locations.
[Ord. 1256, 10/6/1989, Section 11; amended by Ord. 1375, 6/22/1992, Section 8]
Any person may donate or sell recyclable materials to individuals or organizations. Otherwise, such materials are to be placed at curbside, in drop-off facilities or storage bins or similar authorized locations for collection by the Borough or its agent.
[Ord. 1256, 10/6/1989, Sections 12, 12-1, 12-2, 12-3, and 12-4;{60} as amended by Ord. 1296, 11/20/1990; Ord. 1375, 6/22/1992, Section 12; Ord. 1642, 12/11/2000, Section 2; Ord. 1889, 12/17/2007, Section 5]
a. 
Upon the discovery of any nonparticipation or violation of the terms of this Ordinance or of Regulations governing the collection of recyclables, the Borough or its agent shall give notice to the owner or occupant (or either of them as the case may be) of a violation hereunder, either by personal delivery to such owner or occupant, by United States mail directed to the last known address of such person or persons, as shown in the real estate registry records of the municipality, or by leaving the same on the premises where such violation occurs.
If such person shall, within seven days after the delivery, mailing or leaving of such notice, pay to the Finance Department of the Borough the sum of $50 for the violation, the same will constitute full satisfaction for the violation in said notice. Exception: The penalty for leaving recycling containers at the curb after the day of collection shall be $25.
The failure of such person to make payment, as aforesaid, within seven days, shall render such person subject to the penalties, as provided in § 8-212b of this chapter.
Nothing contained in this section shall affect, in any way, the provisions of this ordinance regarding separate offenses for every day any violation occurs.
[Amended by Ord. No. 2116, 8/20/2018]
b. 
Fines for Non-participation or Non-payment. On neglect or refusal of the occupant of any dwelling serviced by curbside recycling collection, a multifamily housing program, or a commercial, municipal, or institutional program to separate recyclable materials from municipal solid waste and place them at curbside or sites established by the Borough, or pay the penalty or penalties specified in § 8-212a of this chapter, that person shall, upon conviction of such default, neglect or refusal, pay a fine of not less than $100 nor more than $600 together with the costs of prosecution, to be collected as now provided by law. Each violation shall constitute a separate offense.
c. 
Unauthorized Collection. If any unauthorized person, firm, corporation or other entity, collects or removes or causes to be collected or removed any recyclable materials in violation of the provisions of this ordinance, such person, firm, corporation or other entity shall, upon conviction by a District Justice in a summary proceeding, be subject to a fine of not less than $100 and not more than $600, together with the costs of prosecution. Upon judgment against any such Defendant by summary conviction, on default of the payment of the fine or penalty imposed and the costs, such Defendant may be sentenced and committed to the County Jail for a period not exceeding 30 days. Each day of a violation shall constitute a separate and distinct offense and shall be subject to separate summary proceedings before a District Magistrate, and subject to the penalty imposed by this section for each and every day such violation shall continue.
d. 
Pilfering of Collection Containers. If any person is responsible for pilfering of collection containers issued to a residence slated for either curbside collection or any other phase of the Recycling Program, such person shall, upon conviction by a District Magistrate in a summary proceeding be subject to a fine of not less than $100 nor more than $300, together with the costs of prosecution. Upon judgment against any such defendant by summary conviction, on default of the payment of the fine or penalty imposed and the costs, such Defendant may be sentenced and committed to the County Jail for a period not exceeding 30 days. Each day of a violation shall constitute a separate and distinct offense and shall be subject to separate summary proceedings before a District Magistrate, and subject to the penalty imposed by this section for each and every day such violation shall continue. The affected resident will be responsible for replacing any missing container through purchase from the Centre County Solid Waste Authority.
e. 
Illegal Deposits at Grass Recycling Drop-off Locations. Any person depositing materials at or removing humus from the grass recycling drop-off locations in violation of this ordinance shall, upon conviction by a District Justice in a summary proceeding, be subject to a fine of not less than $25 nor more than $600, together with the costs of prosecution. Upon judgment against any such defendant by summary conviction on default of the payment of the fine or penalty imposed and costs, such defendant may be sentenced to the County Jail for a period not exceeding 30 days.