[Ord. 1-1991, 1/14/1991, Art. 1152.01]
The short title of this Part shall be "Borough of Hughesville Recycling Ordinance," and the same may be cited in that manner.
[Ord. 1-1991, 1/14/1991, Art. 1152.02]
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
APPLICANT
A person desirous of being authorized as a collector of source separated recycled materials.
BI-METAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes and those multiple dwelling residential buildings containing four or more dwelling units.
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 and furrow and ridges.
FERROUS CONTAINERS
Empty steel or tin-coated steel or tin-coated steel food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such as hospitals, schools, day care centers, and nursing homes.
LEAD ACID BATTERIES
To include, but are not limited to, automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees.
LICENSED RECYCLING COLLECTOR
A person authorized to collect source separated recyclable materials from commercial, institutional and municipal establishments and multi-family housing properties in the Borough of Hughesville.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
MULTI-FAMILY HOUSING PROPERTIES
Having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough of Hughesville and other governmental and quasi-governmental authorities.
MUNICIPAL RECYCLING PROGRAM
Source separation and collection program for recycling municipal waste or source-separated recyclable materials, or a program for designated drop-off points or collection centers for recycling municipal waste or source-separated recyclable materials, that is operated by or on behalf of a municipality. The term includes any source separation and collection program for composting yard waste that is operated by or on behalf of a municipality. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
MUNICIPALITY
Borough of Hughesville, Lycoming County, Pennsylvania.
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.
PERSON(S)
Owners, lessees and occupants of residences, commercial or institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be regulated.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reuseable materials other than a fuel for the operation of energy.
RESIDENTIAL DWELLINGS
Any occupied single or multi-family dwelling having up to and including three dwelling units per structure.
SOURCE SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
WASTE
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 Department for beneficial use.
[Ord. 1-1991, 1/14/1991, Art. 1152.03]
1. 
There is hereby established a municipal recycling program for the mandatory separation of recyclable materials from solid waste by persons residing in single dwellings or multi-family dwellings having up to and including three dwelling units per structure.
2. 
The Borough of Hughesville shall be responsible for scheduling a day, at least once a month, for collection of recyclable material. The Borough has the authority to establish and modify this schedule and the responsibility for communicating it to the residents of the Borough, along with the authority to make regulations pursuant to this Part.
[Ord. 1-1991, 1/14/1991, Art. 1152.04]
1. 
Recyclable materials from residential dwellings shall be placed at the curb or other designated place separate from solid waste for collection or taken to drop off sites at such times, dates and places and manner as may be established by regulation of the Borough. Materials to be recycled are clear glass, brown glass, green glass and aluminum, beverage containers and other materials as designated by the Borough.
2. 
The recyclable materials shall be placed in designated containers which may be provided by the Borough and, if so provided, said containers shall be the property of the Borough and remain with residence, regardless of owner or tenant.
[Ord. 1-1991, 1/14/1991, Art. 1152.05]
1. 
Commercial, municipal and institutional establishments shall separate and store, until collection, high grade office paper, corrugated paper, and aluminum, leaf waste and other source separated recyclable materials which they may elect to recycle. These establishments must arrange for the transfer of the materials at least once a month to a recycling system by a collector licensed (for the purpose of collecting source separated recyclable materials) by the Borough of Hughesville.
2. 
The licensed recycling collector shall annually provide to the Borough of Hughesville evidence of each such arrangement and documentation of the total number of tons recycled by providing invoices showing the materials collected from the establishments (or properties) that were marketed.
3. 
At all community activities, recyclable materials designed by the Borough must be separated until collection. Sponsoring organizations must arrange for the transfer of the materials to a recycling system.
4. 
Commercial, municipal and institutional establishments and coordinators of community activities who comply with this Part, shall not be liable for the non-compliance of their tenants where a portion of the billing is leased to tenant(s) and/or for the noncompliance by the general public where there is public access to the building or grounds or in other public areas.
[Ord. 1-1991, 1/14/1991, Art. 1152.06]
1. 
The owner, landlord or an agent of an owner or landlord of multi-family housing properties of four or more units shall establish a collection system for recyclables, at each property. Materials to be separated are clear glass, colored glass, aluminum cans. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
2. 
These landlords or owners must arrange for the collection of the recyclable materials by a licensed recycler at least once a month.
3. 
Owners, landlords and agents of owners or landlords who comply with this Part shall not be liable for noncompliance of occupants of their buildings.
[Ord. 1-1991, 1/14/1991, Art. 1152.07]
No person may 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. 1-1991, 1/14/1991, Art. 1152.08]
All persons who reside in residential dwellings and all persons who are responsible for administration of multi-family housing properties, commercial, municipal and institutional establishments who gather leaves shall source separate all leaves from other waste and place them for collection at the times and in the manner prescribed by the Borough. Nothing herein shall require any person to gather leaves or prevent any person from utilizing leaves for compost, mulch, or other agricultural, horticultural, sivilculture, gardening or landscape purposes.
[Ord. 1-1991, 1/14/1991, Art. 1152.09]
The Borough of Hughesville shall authorize by issuance of a license, such hauler(s) to collect and market source separated recyclable materials from multi-family dwellings, commercial and institutional establishments within the Borough. All applications for licensing shall be reviewed by the Borough and shall be approved in accordance with the following criteria:
A. 
No person, other than such persons as are duly authorized by the Borough, shall collect, transport and/or market source separated recyclable materials within or from the Borough. Authorization shall be given only by the Borough of Hughesville, or its designee, in accordance with regulations established by said Borough.
B. 
Licenses may be issued to only those persons who can provide satisfactory evidence that they are capable of providing the necessary services and can comply with the provisions and intent of this Part and the rules and regulations established by the Borough.
C. 
At the time of application submission, the applicant shall indicate that he has the appropriate type of closed or covered truck with which to collect source separated recyclable materials and shall provide evidence that he carries sufficient liability insurance on the vehicle.
D. 
Licenses shall be issued on a fiscal year basis and renewed annually, but may be revoked at any time by the Borough of Hughesville for just cause in accordance with the rules and regulations of the Borough of Hughesville and/or Department of Environmental Resources.
E. 
Fees for such licenses shall be determined from time to time by resolution by the Borough Council of the Borough of Hughesville and said fees shall be on the basis of cost and covered in the rules and regulations of the Borough of Hughesville.
F. 
Nothing herein shall prohibit an individual from taking his/her source separated recyclable materials directly to a designated drop off site or to market in accordance with this Part.
[Ord. 1-1991, 1/14/1991, Art. 1152.10]
1. 
Ownership of any recyclable materials is retained by the owners, lessees and occupants of residences, commercial or institutional establishments until the materials are placed at curbside or a similar location for collection. Thereafter, once the materials are placed at curbside or a similar location, they become the property of the Borough or its contract collector.
2. 
It shall be a violation of this Part for any persons unauthorized by the Borough to collect or pick up or cause to be picked up any such recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. 1-1991, 1/14/1991, Art. 1152.11]
All recyclables materials must be delivered by the authorized collector to recycling markets. It shall be a violation of this Part for the authorized collector of recyclable materials to deliver such materials to a landfill or incinerator for the purpose of disposal. The authorized collector will provide to the Borough the weight receipts of the recyclable materials collected and marketed.
[Ord. 1-1991, 1/14/1991, Art. 1152.12]
Nothing herein is intended nor shall prohibit the Borough of Hughesville (which has the responsibility for municipal waste planning, recycling and waste reduction under the Act of July, 1988, No. 101) from entering into agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from residential dwellings at curbside or from drop-off collection points.
[Ord. 1-1991, 1/14/1991, Art. 1152.13]
Any action by any person, firm, corporation, or other entity which violates this Part or any regulations thereof shall be punishable by a fine not to exceed $300 upon a first conviction; $400 upon a second conviction; and $500 on third or subsequent conviction.
[Ord. 1-1991, 1/14/1991, Art. 1152.15]
All ordinances or parts of ordinances inconsistent herewith, including, but not limited to, the provisions of Article 1152, are hereby repealed as to such inconsistency only. Ordinance 331 is hereby repealed in its entirety."