[Adopted 4-21-1998 by Ord. No. 3-1998 (Ch. 98, Art. IV, of the 1987 Code)]
This article shall be known and may be cited as the "Mandatory
Recycling Law of the Borough of Larksville."
It is the goal and purpose of this article to effectuate the
Borough's compliance with Act 101[1] by facilitating efficient disposal of solid waste generated
within the Borough in the most economical, environmentally acceptable
manner and also to reduce the total volume of solid waste disposal
by the Borough. This article is also designed, in accordance with
the Borough's police powers, to protect the health, welfare and
safety of the residents of this Borough.
[1]
Editor's Note: The Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S. § 4000.101 et seq.
For the purposes of this article, the following words and phrases
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
Any entity in business for profit and which has not previously
been afforded municipal waste collection.
Paper which has been shaped or wrinkled into parallel grooves
and ridges, including cardboard, wrapping and packaging paper.
A private garbage hauler engaged by a commercial establishment.
A cheap, low-grade paper made mainly from wood pulp and used
chiefly for newspapers.
Any individual, or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this article 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.
Materials which are separated from the remainder of municipal
waste in compliance with Section 1501 of Act 101.[1]
A person who lives in a residential structure.
Any noncommercial building used for family dwelling and which
contains no more than four dwelling units.
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess by the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substances, and those in gaseous form. Such waste is
more commonly defined as "municipal waste" under rules and regulations
promulgated by the Pennsylvania Department of Environmental Resources.
The waste shall include, but is not limited to, garbage, sludge, rubbish,
ashes, street cleaning, dead animals, offal, abandoned vehicles and
agricultural waste.
[1]
Editor's Note: See 53 P.S. § 4000.1501.
A.
In accordance with Section 1501 of Act 101, 53 P.S. § 4000.1501,
the following items are hereby declared as the designated residential
recyclable materials:
B.
Each resident must establish within the household a program for effective
source separation of the aforementioned recyclable materials. Said
recyclable materials must be kept separate from other solid waste
and shall be disposed of as hereinafter set forth. Further, all of
the designated recyclable materials must be stored in an area free
from exposure to the elements and shall be properly secured so as
to be safe from vermin.
C.
The Borough shall provide each residential dwelling one recyclable
materials container, which container must be utilized by the resident
when placing the aforementioned recyclables at curbside for collection.
The container shall remain the property of the Borough, and the recyclables
shall become the property of the Borough when placed at curbside for
collection.
D.
The Department of Public Works of the Borough shall establish a schedule
for collection of the recyclable materials which conforms to the requirements
of Section 1501(d) of Act 101.[1] Suitable public notice of said schedule of collection
shall be made via newspaper advertisement.
[1]
Editor's Note: See 53 P.S. § 4000.1501(d).
B.
Each commercial establishment shall develop an effective program
for the source separation of the aforementioned recyclables. These
materials must be kept separate from other solid waste. Further, the
recyclable materials must be stored in an area free from exposure
to the elements and properly secured so as to be safe from vermin.
C.
Each commercial establishment shall arrange with an independent contractor
for private collection of the aforementioned recyclables, as well
as for collection of remaining solid waste, which independent contractor
shall comply with all governing statutes for proper disposal of same.
D.
Any commercial establishment which seeks exemption from the requirements
of this article on the basis that it has otherwise provided for the
recycling of the designated recyclable materials shall report no later
than January 15 of each year to the Borough the total number of tons
recycled, in compliance with Section 1501(c)(1)(iii) of Act 101.[2]
[2]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).
Any resident wishing to dispose of a lead acid battery shall
deliver same to an automotive battery retailer or wholesaler, or to
a secondary lead smelter permitted by the United States Environmental
Protection Agency, or to an authorized recycler, as required by Section
1510 of Act 101.[1] No other form of disposal shall be lawful.
[1]
Editor's Note: See 53 P.S. § 4000.1510.
Leaves, garden residues, shrubbery and tree trimmings, and similar
material, but not including grass clippings, shall be separated from
other municipal waste generated by residents and shall be placed at
curbside in accordance with the collection scheduled adopted by the
Borough. Said waste shall be placed at curbside separately in a polyethylene
trash bag of 30 gallons' capacity or in a disposable corrugated
container.
Upon placement at curbside of the container supplied by the
Borough, as hereinbefore mentioned, all recyclables shall become the
property of the Borough, whose responsibility it shall be to dispose
of the recyclables in conformity with Act 101.[1] No person or persons other than the Department of Public
Works or its duly authorized agents may collect and dispose of recyclables
placed at curbside. Violation of this section shall be considered
as criminal theft or scattering rubbish under the Pennsylvania Crimes
Code,[2] depending upon the severity of the violation, and may
be prosecuted in accordance with existing law.
A.
It shall be unlawful for any person to dispose of the materials designated
herein as recyclables with regular municipal waste. The Department
of Public Works and its designated agents are hereby authorized to
regularly inspect all municipal waste collected for violations of
this article.
The Borough, if it deems it appropriate, may enter into an agreement
with any private firm for the collection of recyclables, pursuant
to Section 1501(e)(1)(ii) of Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.1501(e)(1)(ii).
Any person who violates any provision of this article, except as hereinbefore stated in § 430-33, shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs of prosecution, and in default of payment of such fine and costs, to undergo imprisonment for a period of not more than 30 days. Further, each day for which a violation occurs and each violation of any provision of this article shall constitute a separate offense.
