[Adopted 9-10-1991 by Ord. No. 6-1991]
This article shall be cited and may be referred to hereinafter
as the "Mandatory Recycling Ordinance of the Borough of Plymouth."
It is the goal of the Borough of Plymouth to facilitate the
disposal of solid waste generated within the Borough in the most economical
and environmentally accepted manner and reduce the total amount of
solid waste disposed of by the Borough. This program is further designed
to protect the health and safety of the residents of the Borough.
A.
For the purposes of this article, certain words and phrases shall
be construed herein as set forth in this section, unless it is apparent
from the context that a different meaning is intended. When not inconsistent
with the context, the present tense shall include the future, and
words in the plural shall include the singular and vice versa. Further,
a masculine pronoun shall include the feminine. The word "shall" is
always mandatory and not merely directory.
B.
ALUMINUM CANS
COMMERCIAL
COMMERCIAL ESTABLISHMENT
CORRUGATED PAPER/CARDBOARD
CURBSIDE COLLECTION
GLASS CONTAINERS
HAZARDOUS SUBSTANCE
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
MAGAZINES AND PERIODICALS
MUNICIPAL ESTABLISHMENT
MUNICIPAL WASTE
NEWSPAPERS
PERSON
PLASTIC CONTAINERS
PRIVATE HAULER
RECYCLABLE MATERIALS
RESIDENTIAL
SOLID WASTE
STEEL, TIN, BIMETALLIC OR ALUMINUM CANS
As used in this article, the following words shall have the meanings
indicated:
Empty, all-aluminum beverage and food containers.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation or financial or professional service or office enterprise,
business or establishment.
Those facilities upon which any wholesale, retail, industrial,
manufacturing, transportation or financial or professional service
or office enterprise or business operation or trade is conducted.
This term shall also include dwellings containing more than four dwelling
units per structure.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges of the type normally used to make packaging
cartons and boxes.
A method of collection of residentially generated recyclables
by which the owners or occupants of residential (as defined herein)
properties may dispose of their recyclables by placing them at curbside
(or similar place along the public right-of-way fronting along their
property) at times designated by the Borough Council of Plymouth Borough
or the private haulers operating therein for collection and removal
thereof for delivery to a recycling center.
All empty food and beverage jars or bottles made from silica
or sand, soda ash and limestone, the product being transparent or
translucent (either clear, green or amber/brown), excluding, however,
blue glass, flat glass, plate glass, glass commonly known as "window
glass," automotive glass, and ceramic and porcelain products.
Any material, natural or manufactured, which by itself or
in combination or concentration with other like or dissimilar material
will contaminate to environmentally unsafe levels the atmosphere,
soil or water, whether above or below the ground.
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers and nursing homes.
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces, published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Public facilities operated by the Borough of Plymouth and
other governmental or quasi-governmental authorities.
An all-encompassing term meaning 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, except farm-produced manure, other
agricultural waste and food-processing waste used on land where such
materials will improve the condition of the soil, the growth of crops
or the restoration of the land for the same purposes, and any sludge
not meeting the definition of residual or hazardous waste as defined
in the Commonwealth of Pennsylvania Solid Waste Management Act, 35
P.S. § 6018.101 et seq., but excluding the approved recyclable
materials hereinafter set forth.
A paper product printed on newsprint, including all newspapers,
newspaper advertisements and comics. Not included in this definition
are magazines, periodicals and telephone books.
Any individual, partnership, association, firm, corporation
or any and all combinations of individuals acting in concert.
Empty plastic food and beverage containers, the specific
types of which may, from time to time, be designated by resolution
of the Borough Council of Plymouth Borough.
A contractor providing collection of solid wastes in the
Borough of Plymouth.
Source-separated recyclable materials, including materials
listed in Section 1501 of Act 101,[1] and materials identified by the Borough to be recycled.
Any occupied single or multifamily dwelling housing up to
four dwelling units per structure. Those dwellings containing more
than four dwelling units per structure shall be considered to be commercial
establishments as hereinabove defined.
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 Protection.
The waste shall include, but is not limited to, garbage, sludge, rubbish,
ashes, street cleanings, dead animals, offal, abandoned vehicles and/or
agricultural waste.
Empty food or beverage containers consisting of ferrous metals,
steel or tin coatings; bimetal or aluminum cans, tested with magnate.
[1]
Editor's Note: See the Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S. § 4000.1501.
The Borough of Plymouth hereby establishes and sets forth its
recycling program, in accordance with Act 101, Section 1501(c).[1]
A.
Approved recyclable materials. The following items are hereby approved
as the official recyclable materials for residential properties located
within the Borough of Plymouth:
(1)
Steel, tin, bimetallic or aluminum cans: includes the types of cans
as hereinabove defined. Such cans shall be rinsed and labels removed
prior to being placed for recycling.
(2)
Glass: includes both clear and colored glass, i.e., green and amber/brown
glass containers. Expressly prohibited are ceramics, dishes, plate
glass and other items as set forth previously in the definition of
"glass containers."
B.
Source separation of recyclables. It shall be the responsibility
of each resident to establish within the household a program for effective
source separation of recyclables. Recyclable materials shall be kept
separate from other refuse and shall be separately collected as hereinafter
provided.
C.
Storage of recyclable materials. All recyclables shall be stored
in an area free from exposure to the elements and properly secured
so as to be safe from vermin. It shall be the responsibility of each
resident to develop such an area within his household.
D.
Collection schedule. It shall be the duty and responsibility of the
private haulers to establish a collection schedule for the curbside
collection of all recyclable materials within the Borough of Plymouth
and to print that schedule in local newspapers, so as to properly
advise residents.
[1]
Editor's Note: See the Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S. § 4000.1501(c).
In accordance with Act 101,[1] the Borough of Plymouth is empowered to require commercial
establishments, industries and institutional establishments located
within the Borough to develop a recycling program for their facility.
Accordingly, the following requirements are hereby set forth:
A.
Approved recyclable material. The following are approved recyclables
for commercial, industrial and institutional establishments within
the Borough of Plymouth:
(1)
Steel, tin, bimetallic or aluminum cans: includes the types of cans
as hereinabove defined. Such cans shall be rinsed and labels removed
prior to being placed for recycling.
(2)
Glass: includes both clear and colored glass, i.e., green and amber/brown
glass containers. Expressly prohibited are ceramics, dishes, plate
glass and other items as set forth previously in the definition of
"glass containers."
B.
Source separation of recyclables. It shall be the responsibility
of each commercial, industrial or institutional establishment to develop
within that establishment an effective program for the source separation
of the aforementioned recyclables. These recyclables must be kept
separate and apart from all other refuse. The establishment's
recycling program must comply with Section 1501 of Act 101.[3]
[3]
Editor's Note: See the Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S. § 4000.1501.
C.
Storage of recyclable materials. All recyclable materials must be
stored in an area free from exposure to the elements and properly
secured, so as to be safe from vermin. It shall be the responsibility
of each establishment to develop such an area.
D.
Independent contractor for collection purposes. It shall be the responsibility
of each commercial, industrial or institutional establishment to enter
into an agreement with a private collection agency, which shall assume
full responsibility for the handling of recyclable materials.
E.
Annual report to the municipality. Each commercial, industrial and
institutional establishment conducting an approved Act 101 recycling
program shall submit to the Borough no later than January 15 of each
year a report which shall reflect the total tonnage of materials recycled.
[1]
Editor's Note: See the Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S. § 4000.101 et seq.
It shall be unlawful for any person to dispose of lead acid
batteries at the curbside for collection as part of the municipal
waste or recyclable material pickup schedule. Residents wishing to
dispose of lead acid or automotive batteries must do so by delivering
the battery to an automotive battery retailer, a lead smelter approved
by the United States Environmental Protection Agency or an authorized
recycler.
A.
It shall be unlawful for any person to store, dump, discard or deposit,
or to permit the storage, dumping, discarding or depositing of, any
municipal waste upon the surface of the ground or underground within
the jurisdictional limits of the Borough, except in proper containers
for purposes of storage or collection and except where the waste is
of such size or shape as not to permit its being placed in such containers.
B.
It shall be unlawful for any person to dump or deposit municipal
waste in any stream or body of water within the jurisdictional limits
of the Borough.
C.
Nothing contained herein shall be deemed to prohibit any person from
hauling such municipal waste on an irregular and unscheduled basis
to any facility permitted by the Commonwealth of Pennsylvania, Department
of Environmental Protection.
A.
Any person transporting municipal waste within the Borough shall
prevent or remedy any spillage from vehicles or containers used in
the transport of such municipal waste.
B.
All private haulers and any person who collects municipal waste shall
do so in vehicles that are provided with either closed, covered containers
or which have measures taken to prevent waste from being blown or
falling from the vehicle.
C.
The transfer of waste from one collection vehicle to another may
not take place in the Borough of Plymouth, except on the private property
of the private haulers. No such transfer may take place on any public
right-of-way, and no such transfer operation may block traffic, create
litter or in any other manner constitute a nuisance, create a health
hazard or violate any other ordinance of the Borough or provision
of statutory law.
A.
From the time of placement for removal of recyclable items for collection
in accordance of the terms of this article, the items shall be and
become the property of the Borough of Plymouth, its authorized agent
or private hauler. It shall be a violation of this article for any
person unauthorized by the Borough to collect or pick up or cause
to be collected or picked up any such items. Any and each such collection
in violation hereof from one or more locations shall constitute a
separate and distinct offense punishable as hereinafter provided.
B.
It shall be unlawful for a person to collect, remove or dispose of
municipal waste which contains recyclables, required by that person
to be separated, combined therewith.
The presence of any articles containing a person's name
among municipal waste or recyclables shall create a presumption, for
the purposes of this article, that said municipal waste or recyclables
are the property of the person whose name is found therein. This presumption
can only be rebutted by clear and convincing evidence to the contrary.
Every private hauler, as a precondition to being authorized
to do business within the Borough, shall be required to provide to
its commercial, industrial, municipal and institutional customers
the service of removing recyclables from their establishments. Any
such recyclables so removed by private haulers shall be kept separate
from all other municipal waste and shall be taken to a recycling center.
No private hauler shall accept, pick up or remove any bag or
other container of municipal waste which the hauler knows, or has
reason to believe, contains recyclables required to be separated combined
with municipal waste. Upon discovery of such recyclables combined
with municipal waste placed at curbside or otherwise placed for pickup,
the private hauler shall affix a tag or sticker to the container containing
the recyclables, retain a duplicate for his records and send another
duplicate to the designated office of the Borough. When the private
hauler utilizes a tag or sticker pursuant to this section, he shall
fill in the address at which the container is located and the reason
which led the collector to know or believe the container contained
recyclables (e.g., he heard bottles rattling). The private hauler
shall leave such container with the tag or sticker placed thereon
where he found it.
A.
It shall be the responsibility of the Borough of Plymouth, through
its Borough Council, a committee thereof or such other person(s) as
the Borough Council shall designate, to provide for the education
of the public as to:
B.
The public education program of the Borough of Plymouth shall commence
at least 30 days prior to the start of the curbside program. In addition,
public notice of the program, this article and its requirements shall
be given to all residents either by direct mail, door hanger or publication
in a newspaper of general circulation within the Borough of Plymouth.
A like or similar notice shall be given once every six months.
C.
The Borough Council shall monitor the program established by this
article with a view toward determining any method or methods, in addition
to those previously set forth in this section, which may further assist
in obtaining compliance with program requirements by the public. Should
the Borough Council identify any such additional method or methods,
the same may be undertaken as deemed most proper by the Borough Council.
A.
Any person, firm or corporation who or which shall violate the provisions
of this article shall receive a written warning of noncompliance for
the first and second offense. Thereafter, all such violations shall
be subject to the penalties hereinafter provided.
B.
Except as hereinabove provided, any person, firm or corporation who
or which shall violate any of the provisions of this article shall,
upon conviction, be sentenced to pay a fine of not less than $25 nor
more that $600 and costs of prosecution for each and every offense.
Each day for which the violation occurs shall constitute a separate
offense.
C.
The Borough of Plymouth and private haulers collecting therein reserve
the right not to collect municipal solid waste containing recyclable
materials in combination with nonrecyclable materials.
