The short title of this article, together with Article VI of this chapter, shall collectively be referred to as the "Recycling Ordinance of New Britain Borough."
As used in this article, the following terms shall have the
meaning indicated:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all
other paper products of any nature whatsoever.
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, however, are newspapers which have been soiled.
Owners, lessees and occupants of residences.
Empty plastic food and beverage containers; No. 1 PET plastics;
No. 2 HDPE plastics; and additional types of plastic as specified
in the recycling regulations, which may stipulate additional specific
types of plastic which must be recycled.
Aluminum cans, clear glass containers, plastics, newspaper,
and such other materials specified by the municipality to be recycled
in the municipality's recycling regulations resulting from this
article and as revised from time to time as deemed necessary by resolution
of Borough Council.
Any occupied single or multifamily dwelling having up to
four dwelling units per structure from which a municipal or private
hauler collects municipal waste and recyclable materials.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by municipal or private hauler.
Recyclable materials, as defined in this section, that are
separated from municipal waste at the point of origin or generation
for the purpose of recycling.
A.Â
There is hereby established in the Borough of New Britain a program for the mandatory separation of recyclable materials from municipal waste by all residences with up to four dwelling units (a "residence" as defined in § 369-21 of this article) within the Borough of New Britain, hereinafter referred to as "the Borough."
B.Â
The Borough, or an authorized person or person under contract by the Borough, shall collect, transport, process and dispose of all source-separated recyclable materials generated at residential or Borough-owned properties within the Borough. In the event that the Borough, or an authorized person or persons under contract by the Borough, does not collect, transport, process, or dispose of municipal waste, then all persons owning or occupying residential properties shall contract directly with a licensed collector for such services. It shall be a violation of this chapter for a residential owner or occupier to contract directly with a licensed collector for such services if the Borough is currently contracted with a collector for such services, except as set forth in Subsection H of this section.
C.Â
All persons owning and occupying residential properties shall separate
recyclable materials from municipal waste and shall make recyclable
materials available for collection at such times and dates as may
be established by regulation.
D.Â
Preparation for collection of recyclable materials for residential
properties shall occur in the roll-out containers provided by the
collector or Borough and designated for recycling. Recyclable materials
shall be placed in the containers provided by the collector or Borough.
Recyclable materials containers provided by the collector or Borough
shall be used only for the disposal of recyclable materials from the
residence(s) on the property. In the event that the container provided
by the collector or Borough is damaged, altered, lost or destroyed
through the negligence of the person to whom the container was assigned,
the person shall reimburse the Borough or collector for the cost of
a preplacement container. All containers must be kept clean by the
customer. Recyclable materials shall be placed inside the container
with the lid closed. Use of the containers for any purpose other than
the disposal of recyclable materials from the residence or use of
the containers by a person other than the person allocated such container(s)
shall be a violation of this article.
E.Â
Placement of recyclable materials and containers. Recyclable materials
and containers shall be placed at the curb or street line or at an
area designed by the Borough, separate from municipal waste for collection,
at such times and dates as may hereinafter be established by regulation.
Recyclable materials and containers shall not be placed in a location
that obstructs a public sidewalk or which impedes traffic or interferes
with clear vision for motorists.
F.Â
Times for placement and removal of containers. Recyclable materials
and containers shall be stored on the owner's property and shall
not be placed at the curb or street line, or at an area otherwise
designated by the Borough, for collection before 6:00 p.m. on the
evening preceding a scheduled collection day. Empty containers shall
be removed from the curb by 10:00 p.m. on the day of collection. Containers
shall not be kept at the curb or street line or at an area otherwise
designated by the Borough between scheduled collections, and they
shall be stored on the owner's property in such location to be
unseen from public streets or roads or from the front yards of immediate
neighboring property.
G.Â
Containers shall be placed in a manner so they are easily accessible
to the collection vehicle.
H.Â
Exceptions to use of Borough-contracted collector.
(1)Â
A homeowners' association within the Borough, and the residences comprising the association, with an existing contract with a collector on the effective date of this article for the collection of recyclable materials may continue to use the services of that collector for the duration of the homeowners' association's existing contract. At the end of the homeowners' association's existing contract, the homeowners' association, and the residences comprising the association, shall then use the Borough-contracted collector pursuant to this article, unless the homeowners' association enters into a new contract and/or extends a contract with a collector and notifies the Borough of its intent to seek an exception pursuant to § 369-22H(3).
(2)Â
A homeowners' association seeking an exception under this section
shall, within 30 days of the effective date of this article, notify
the Borough in writing of (1) its request to seek the exception under
this section; (2) the name, address, and contact information for the
collector; and (3) the end date of its existing collector contract.
(3)Â
If the homeowners' association intends to continue with a private contractor at the end date of its existing contract identified pursuant to § 369-22H(2), the homeowners' association shall renew its request for an exception by notifying the Borough, in writing, no less than 60 days in advance of the end date of its existing contract. The written notification shall (1) state that the homeowners' association seeks an exception pursuant to this section; (2) the name, address, and contact information for the collector; and (3) the end date of the new contract. Homeowners' associations shall repeat this renewal process 60 days in advance of the end of each contract term.
(4)Â
A homeowners' association no longer intending to continue with a private contractor shall notify the Borough in writing no less than 60 days in advance of the end date of their existing contract identified pursuant to § 369-22H(2) or (3) as applicable.
(5)Â
A homeowners' association failing to provide the notification pursuant to § 369-22H(2) and/or (3) shall be subject to the requirements of this article.
It shall be a violation of this article for any person(s), unauthorized
by the municipality, to collect or pick up or cause to be collected
or picked up any such recyclable material. Each such collection in
violation hereof shall constitute a separate and distinct offense
punishable as hereinafter provided.
The municipality is authorized and directed to enforce this
article. The same is hereby authorized and directed to establish and
promulgate reasonable regulations as to the manner, days and times
for the collection of recyclable materials in accordance with the
terms hereof and any other matters required to implement this article.
The municipality may change, modify, repeal or amend any portion of
said rules and regulations at any time.
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the municipality in its recycling regulations.
These materials must either be delivered to the individual's
or organization's site or they may be placed at the curb for
collection by said individual or organization on days not indicated
as recyclable material collection days by the municipality. Said individuals
or organizations may not collect recyclable materials on or immediately
preceding (within 24 hours) a regularly scheduled curbside collection
day.
A.Â
Any action by any person, firm, corporation or other entity which
violates or does not comply with any provision of this article or
any regulation thereof, shall be punishable by a fine not to exceed
$10 upon a first conviction; $25 upon a second conviction; and $50
upon a third or subsequent conviction.
The short title of this article, together with Article V of this chapter, shall collectively be referred to as the "Recycling Ordinance of New Britain Borough."
As used in this article, the following terms shall have the
meaning indicated:
Empty all aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
An establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
Events that are sponsored in whole or in part by a mandated
municipality, or conducted within a mandated municipality and sponsored
privately, which include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events that will be attended by 200
or more individuals per day.
A controlled microbial degradation of organic waste to produce
a relatively nuisance-free product of potential value as a soil conditioner.
Any structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Any bond, copier, letterhead or mimeograph paper typically
sold as "white ledger" paper and computer paper.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment or facility engaged in services, including
but not limited to hospitals, nursing homes, orphanages, schools and
universities.
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all
other paper products of any nature whatsoever.
Any occupied residential structure having an excess of four
dwelling units per structure, including without limitation apartments,
townhouses, condominiums and cooperatives.
Any facility or building owned or operated by a local government
or county government, local government or county government authority,
state government or agency or federal government or agency.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of "residual or hazardous
waste" in the Solid Waste Management Act[1] 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.
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, however, are newspapers which have been soiled.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority 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.
Empty plastic food and beverage containers; No. 1 PET plastics;
No. 2 HDPE plastics; and additional types of plastic as specified
in the recycling regulations, which may stipulate additional specific
types of plastic which must be recycled.
A person providing collection, hauling and disposal services
for municipal waste and/or recyclable materials on a private contract
basis.
Aluminum cans, clear glass containers, plastics, newspaper,
and such other materials specified by the municipality to be recycled
in the municipality's recycling regulations resulting from this
article and as revised from time to time as deemed necessary by resolution
of Borough Council.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, 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 reusable materials other than a fuel for
the operation of energy.
Any occupied single or multifamily dwelling having up to
four dwelling units per structure from which a municipal or private
hauler collects municipal waste and recyclable materials.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
There is hereby established a program requiring the separation
from municipal waste of recyclable materials generated at multifamily
residences, commercial, municipal and institutional establishments,
and community activities.
A.Â
Multifamily residences. Recyclable materials generated at multifamily
residences shall be placed in appropriate containers, separate from
municipal waste. Collection receptacles of sufficient size for recyclable
materials shall be placed in easily accessible locations, such as
storage areas and common areas, or areas where municipal waste is
presently collected. Recyclable materials shall be stored in accordance
with State Fire Code regulations and all federal, state, and local
health and safety laws and ordinances, until collection. Recyclable
materials shall be collected at least once per month.
B.Â
Commercial, municipal and institutional establishments and community
activities. The owners/operators of commercial, municipal or institutional
establishments or sponsor/organizers of community activities shall
separate designated recyclable materials from municipal waste. Recyclable
materials shall be placed in appropriate containers. Collection receptacles
shall be placed: in all buildings and on all floors and in all wings
thereof; in each office; in all areas where food is served or consumed,
including, without limitation, cafeterias, lunchrooms, fast-food areas
and vending machine rooms; where a municipal waste receptacle is provided
on the exterior of a building, or on the interior of a building for
use by the general public, adjacent to each municipal waste receptacle;
and in such additional places as may be required by the recycling
regulations. Recyclable materials shall be stored in accordance with
State Fire Code regulations and all federal, state and local health
and safety laws and ordinances until collection. Recyclable materials
shall be collected at least once per month.
(1)Â
Designated recyclable materials for commercial, municipal or institutional establishments and community activities shall include, in addition to those materials identified in the definition of "recyclable materials" in § 369-28 of this article, high-grade office paper and corrugated paper and such additional materials as set by resolution of Borough Council.
(2)Â
Exemption. Owners/operators of commercial, municipal or institutional
establishments may obtain an exemption from the requirements of this
article if those persons or establishments otherwise provide for recycling
of recyclable materials, high-grade office paper, corrugated paper
and any other materials that such establishments are required to recycle.
To qualify for an exemption under this subsection, commercial, institutional
and municipal establishments must provide written documentation on
or before January 20 for the previous calendar year. This documentation
may be in the form of one of the following:
(a)Â
Copies of weight receipts or statements which consolidate such
information.
(b)Â
A report from the provider of recycling collection services
which identifies the amount of each material collected and marketed.
The type and weight of recyclables generated by an individual establishment
may be approximated based on a representative sample of its source-separated
materials. Where recyclables from several establishments are collected
in the same vehicle, an individual establishment's contribution
to the load may be apportioned. Only the weight of materials marketed
for recycling purposes can be credited to an establishment.
(c)Â
A report from the provider of waste collection services that
identifies the type and weight of each recyclable material collected
and marketed in cases where recyclables are commingled with the establishment's
waste. The type and weight of recyclables generated by an individual
establishment may be approximated based on a representative sample
of its waste. Where materials from several establishments are collected
in the same vehicle, an individual establishment's contribution
to the load may be apportioned. Only the weight of materials marketed
for recycling purposes can be credited to an establishment.
A.Â
All municipal waste and recyclable materials accumulated at residences, multifamily residences, commercial, institutional and municipal establishments and at community activities shall be collected, conveyed and disposed of only by private collectors/haulers licensed by the municipality pursuant to Articles I and III of this chapter. When approved by the municipality, commercial, institutional or municipal establishments may collect, convey and dispose of municipal waste and/or recyclable material generated by said establishments.
B.Â
All licensed private collectors/haulers shall file with the municipality
an annual report due January 20 of all municipal waste and recyclable
material collection and separation activities performed by the licensee
within the municipality during the previous calendar year at each
commercial, institutional or municipal establishment and community
activity providing the following information:
(1)Â
Type and amount of compostable materials collected within the reporting
period.
(2)Â
Type and amount of recyclable material collected within the reporting
period.
(3)Â
Type and amount of all municipal waste, compostable and recyclable
materials collected within the reporting period.
(4)Â
Name and address of private collector.
Any person may donate or sell recyclable materials to individuals
or organizations that are licensed or authorized by the municipality
in its recycling regulations. These materials must be delivered to
the individual's or organization's site or they may be placed
at the curb for collection by said individual or organization on days
not indicated as recyclable material collection days by the municipality.
Said individuals or organizations may not collect recyclable materials
on or immediately preceding (within 24 hours) a regularly scheduled
curbside collection day.
This article shall take effect immediately and all regulations established under Article V of this chapter and all agreements with public or private haulers to collect recyclable materials shall remain in full force and effect.
A.Â
Any person who shall fail, neglect or refuse to comply with any of
the terms or provisions of this article, or of any regulation promulgated
pursuant hereto, pertaining to the separation, storage, collection,
transportation or disposal of recyclable materials or municipal waste,
shall upon conviction thereof, be subject to payment of court costs
and a fine not to exceed $300 per violation per day. No prosecutions
hereunder shall be instituted for offenses less than 90 days from
the effective date of this article.
B.Â
Notwithstanding the foregoing, any person who violates this article
by collecting or picking up, or causing to be collected or picked
up, without the appropriate municipal license, recyclable material,
shall upon conviction thereof, be subject to payment of court costs
and a fine not to exceed $300 per violation per day.
C.Â
Owners, landlords and agents for owners or landlords who comply with
this article shall not be liable for the noncompliance of tenants/occupants
of their property.
