[Adopted 11-11-1996 by Ord. No. 1996-03]
A. 
Whereas recycling conserves valuable material and energy;
B. 
Whereas recycling will reduce the amount of solid waste presently generated and thus reduce storage, collection, transportation, and disposal costs;
C. 
Whereas participation and support of the commonwealth's recycling will enable Borough residents to contribute in efforts to preserve our natural resources and the environment;
D. 
Whereas participation in the commonwealth's recycling will enable Borough residents to assist the Borough in gaining potential increased revenue through annual performance grants based on the amount of recyclable materials collected thereby potentially defraying future tax increases;
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CAN
Containers which are comprised entirely of aluminum and which formerly contained only nonaerosol edible substances.
BOROUGH
The Borough of Mount Holly Springs, Cumberland County, Pennsylvania.
BOROUGH COUNCIL
The duly elected or appointed Council members acting on behalf of the Borough as the Mount Holly Springs Borough Council.
CANS
Clean, empty metal (aluminum, steel, or bimetallic) aerosol, beverage and/or food containers. It shall not include hazardous cleaning substance cans, automotive supply cans (motor oil, transmission fluid, etc.) and other similar containers.
CONTRACTOR
A person or company designated by the Borough to collect, transport, and market recyclables.
GLASS
All clear, green and brown colored glass food and/or beverage containers, which shall not include blue glass, china, porcelain, crystal, cookingware, ceramics, light bulbs, window glass, plate glass, mirrored, tempered, laminated or wire glass.
NEWSPAPER
Paper of the type commonly referred to as "newsprint," excluding magazine paper and slick newspaper inserts.
PERSON
Any natural person, partnership, firm, association, company, organization, corporation or any other entity.
PLASTIC BOTTLES
Clean and empty containers made of polyethylene terephthalate (PET), high-density polyethylene (HDPE) most commonly, but not limited to, containers used for milk, soda and water, or for household cleaning products or personal care products.
RECYCLABLES
Those recyclable materials to be source-separated in the Borough, to include, but not limited to, glass, newspaper, cans, plastic bottles or other materials that may be designated as recyclable.
RECYCLING
The process of collecting, separating, processing and recovery or re-use of recyclables.
RECYCLING CONTAINER
The container provided by the Borough for the express purpose of storing recyclables for collection by the contractor designated by the Borough. The recycling containers shall remain the property of the Borough.
RESIDENTIAL DWELLING
Any single dwelling unit, such as, but not limited to, a single-family home, apartment or other unit or structure which is comprised of one or more rooms having fixed cooking facilities arranged for occupancy by one or more persons living together, or one family.
SOURCE-SEPARATE
To separate recyclable materials from other nonrecyclable solid waste products at the point of waste generation.
There is hereby established a program of recycling for the mandatory separation of recyclables from solid waste in the Borough of Mount Holly Springs.
A. 
All residential dwellings within the jurisdiction of the Borough shall be responsible to source-separate and place recyclables in the recycling container for collection by the contractor designated by the Borough.
B. 
Recyclables shall be placed together in the container provided for that purpose by the Borough. Recyclables such as glass, cans, and/or plastic bottles shall be cleaned and/or rinsed free of food, beverages, cleaning products, and/or personal care products.
C. 
Any person who consistently generates more recyclables that can be accommodated by the recycling container provided by the Borough shall be responsible to contact the Borough for more recycling containers if needed.
D. 
Collection of recyclables shall be made in accordance with a schedule to be designated by the Borough with the contractor.
E. 
The contractor shall collect, remove, or dispose of solid waste containing recyclables which have not been source-separated, but shall notify the Borough of violations.
F. 
It shall be the duty and responsibility of every owner of property containing a residential dwelling within the Borough to pay a service fee for the collection of and disposal of recyclables for each residential dwelling. Such fee shall be charged, at the sole option of the Borough, as part of or with the fee assessed for the collection of garbage against each family unit on a quarterly basis.
(1) 
Accounts for trailer parks and apartments shall be billed to the owner thereof, based upon the number of trailer units or apartment units. The Borough Council is hereby authorized to change the fee for the collection and disposal of recyclables, or when applicable, the component of such fee that is assessed and/or billed with the fee for the collection of garbage, by ordinance or resolution.
(2) 
All accounts shall be considered delinquent if not paid within 30 days from the date of billing. All delinquent accounts are subject to stoppage of service and shall be assessed a penalty in the amount of 10% of the balance due. If service is stopped, it shall be resumed only after payment of all fees, penalties and administrative fees and costs due. An administrative fee as set from time to time by resolution of the Borough Council, together with filing fees and costs, if any, pertaining to legal action taken, shall be charged on any bills remaining unpaid after 10 days have elapsed from the date they are due.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All recyclables placed at the curbside by residents for collection pursuant to the program shall be prepared for collection in accordance with the following:
A. 
All newspaper shall be placed in paper bags or tied in bundles not to exceed 35 pounds in weight nor to exceed one foot in height. Newspaper will be kept separate from the recycling container.
B. 
Glass, cans and plastic bottles shall be rinsed free of contaminates and have lids and caps removed. Lids and caps shall be disposed of with the solid waste.
C. 
All recyclable glass, cans and plastic bottles shall be placed in the recycling container provided by the Borough. Only containers designated and provided by the Borough shall be utilized for the collection of recyclable material.
D. 
The contractor shall not be required to remove recyclables which have not been prepared for collection according to the requirements of this section.
A. 
From the time of placement of recyclables at the curb or other Borough-designated collection point, items shall be or become the property of the Borough and/or its contractor. It shall be a violation of this article for any person unauthorized by the Borough to collect, or pick up any or cause to be collected any such items. Any and each such collection in violation hereto shall constitute a separate and distinct offense punishable as hereinafter provided.
B. 
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not less than $100 and not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
The recycling containers are the property of the Borough and shall remain the property of the Borough. Residents may not remove them from the jurisdiction of the Borough.
E. 
Nothing herein shall preclude the Borough's exercise of any additional remedies, in law or in equity, for noncompliance with this article.