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 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.
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:
COMMERCIAL ESTABLISHMENT
Any entity in business for profit and which has not previously
been afforded municipal waste collection.
CORRUGATED PAPER
Paper which has been shaped or wrinkled into parallel grooves
and ridges, including cardboard, wrapping and packaging paper.
NEWSPRINT
A cheap, low-grade paper made mainly from wood pulp and used
chiefly for newspapers.
PERSON
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.
RECYCLABLE MATERIALS
Materials which are separated from the remainder of municipal
waste in compliance with Section 1501 of Act 101.
RESIDENT
A person who lives in a residential structure.
RESIDENTIAL
Any noncommercial building used for family dwelling and which
contains no more than four dwelling units.
SOLID WASTE
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.
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. No other form of disposal shall be lawful.
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. 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, depending upon the severity of the violation, and may
be prosecuted in accordance with existing law.
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.
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.