[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]
APPLICANT
A person desirous of being authorized as a collector of source
separated recycled materials.
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.
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.
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.
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."