[Adopted 2-21-1990 by Ord. No. 12959 (Article 1137 of the 1962 Codified Ordinances)]
The following words and phrases, when used in the article, shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
ALUMINUM CAN
An empty container consisting entirely of aluminum and used solely for packing of beverage or food.
CITY CURBSIDE COLLECTION PROGRAM
The authorized collection, removal, transportation and disposal of municipal waste and recycling generated from eligible single family dwellings, rooming units, group homes, multifamily dwellings and commercial and institutional establishments who pay the annual municipal waste and recycling fee to the City of Allentown for this service.
[Amended 3-3-2005 by Ord. No. 14263]
COLLECTOR
A person authorized by the Department of Public Works to collect, transport, and dispose of municipal waste or recyclable materials.
COMMINGLED
Source separated, nonputrescible recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).
CORRUGATED CARDBOARD
Any structural paper material with an inner core shaped in rigid parallel furrows and ridges.
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials specified by the City for separate collection in accordance with this article. Such materials may include, but not be limited to, aluminum cans, ferrous and bimetal cans, glass containers, newspapers, magazines and periodicals, plastic containers, and yard wastes.
DWELLING UNIT
A group of rooms located within a structure and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating for the exclusive use of the occupants thereof.
FERROUS CAN
An empty steel or tin food or beverage containers.
GLASS CONTAINER
An empty bottle or jar made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic product, drinking glasses and light bulbs.
HIGH-GRADE OFFICE PAPER
Any bond, copier, letterhead or mimeograph paper typically sold as "white ledger" paper; and computer paper.
[Amended 3-3-2005 by Ord. No. 14263]
MIXED OFFICE PAPER
Any combination of high grade office paper, colored paper, file stock, advertising mail, magazines and catalogs.
[Amended 3-3-2005 by Ord. No. 14263]
MULTIFAMILY DWELLING
Any building under one roof which contains two or more complete dwelling units.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste, and other material including solid, liquid, semisolid, or container gaseous material resulting from operation or residential, municipal, commercial, or institutional establishments or from community activities and which are not classified as residual waste or hazardous waste. The term does not include source-separated recyclable materials.
NEWSPAPER
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.
NOTICE OF VIOLATION
A written document issued to a person in violation of a City ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.
[Amended 3-3-2005 by Ord. No. 14263]
PERSON
Any individual, partnership, corporation association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity whatsoever which is recognized by law as being subject to such rights and duties.
PUBLIC OFFICER
Any police officer, authorized inspector, or public official designated by the Mayor to enforce the City ordinances.
[Amended 3-3-2005 by Ord. No. 14263]
RECYCLABLE MATERIAL
A material which would otherwise become municipal waste, which can be collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products.
RECYCLING
The separation, collection, processing, recovery, and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as municipal waste.
REFRIGERANT APPLIANCES
Refrigerators, freezers, air conditioners, dehumidifiers, coiled water coolers or other appliances which contain Freon gas or any other type of refrigerant that requires special handling for disposal and recycling according to the Environmental Protection Agency standards.
[Amended 3-8-2006 by Ord. No. 14370]
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. (Pennsylvania Solid Waste Management Act 97, § 103).[1]
SOURCE SEPARATE
To separate recyclable materials from the municipal waste stream at the point of waste generation.
STEEL CAN
An empty container made of steel.
VIOLATION TICKET
A form issued by a police officer or public officer to a person who violates a provision of this article. The violation ticket is an offer by the City of Allentown extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.
[Amended 3-3-2005 by Ord. No. 14263]
YARD WASTE
Leaves, garden residues, grass clippings, shrubbery and tree trimmings and similar materials.
[Amended 4-3-1991 by Ord. No. 13040]
[1]
Editor's Note: See 35 P.S. § 6018.103.
A. 
There is hereby established a recycling program for the mandatory source separation, separate collection and recycling of designated recyclable materials from all entities included in the City Curbside Collection Program.
[Amended 3-3-2005 by Ord. No. 14263]
B. 
Collection of recyclable materials pursuant to this section shall be made once per week. The Department of Public Works shall divide the City into districts and prescribe the days and hours for collection and removal of recyclable materials from such districts.
C. 
All entities included in the City Curbside Collection Program shall source-separate all designated recyclable materials and commingle them into a recycling container in the manner designated by § 525-15 of this article and shall place said recyclables for collection at a place, in a manner and at such times as designated by the City of Allentown.
D. 
Designated recyclables for the recycling program established pursuant to this section shall be determined by regulation from the following list of materials:
(1) 
Corrugated paper.
(2) 
Newspaper.
(3) 
High-grade office paper.
(4) 
All white and mixed colored paper.
(5) 
Clear glass containers.
(6) 
Brown glass containers.
(7) 
Green glass containers.
(8) 
Aluminum cans.
(9) 
Steel cans.
(10) 
Bimetal cans.
(11) 
Plastics.
(12) 
Appliances.
(13) 
Other recyclable materials as designated by the Manager of the Bureau of Recycling and Solid Waste or designee, effective 30 days after designation.
E. 
The City reserves the right to add or remove an item or items from its designated list at any time upon notification of the public.
[Amended 3-3-2005 by Ord. No. 14263]
F. 
Refrigerant appliance collection fee.
[Amended 3-8-2006 by Ord. No. 14370]
(1) 
There is hereby imposed upon the owner of the refrigerant appliance a fee of $20 for the collection, transportation, proper handling and recycling for each refrigerant appliance placed out at the curb line by an entity included in City curbside collection. The fee must be paid in full to the City of Allentown, Bureau of Recycling and Solid Waste, prior to its collection.
(2) 
It shall be a violation of this article to place refrigerant appliances out for collection without prepayment of said fee and for refrigerant appliances to remain out for collection without payment of the refrigerant appliance collection fee.
A. 
Designated recyclables shall be prepared, stored, and placed at the curbside separate from municipal waste for collection at such times and dates as may be established by regulation. Preparation and storage of recyclables shall consist of those procedures which are set forth in regulations established by the Director of Public Works.
[Amended 7-22-1999 by Ord. No. 13762]
B. 
All recyclable materials placed out for collection shall be owned by, and be the responsibility of the occupants (residents) of the residential property from which the recyclable materials originated until such materials are collected. The recyclable materials become the property of the City of Allentown and the responsibility of the City's contractor upon the collection of said materials.
[Amended 3-3-2005 by Ord. No. 14263]
A. 
It shall be a violation of this article for any person(s), unauthorized by the City, to collect or pick up or cause to be collected or picked up any recyclable material placed at curbside for City collection. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
B. 
Notwithstanding any provision of this article, any person having ownership of the same, may sell or donate recyclable materials to any person, partnership or corporation, whether operating for profit or not for profit; provided, however, that such sold or donated material was not placed for collection at, or collected from the curbside.
A. 
The City shall provide recycling containers to each household participating in the residential recycling program. The recycling containers provided by the City, shall remain the property of the City and shall be used solely for the specific use of storage and collection of designated recyclable materials by participants and for no other purpose. The participant shall plainly and legibly mark the containers with their address and apartment number.
[Amended 7-5-2001 by Ord. No. 13915; 3-3-2005 by Ord. No. 14263]
B. 
It shall be a violation of this article for any person(s) to damage, misappropriate, or use for any purpose other than that set forth above said recycling containers. Each such action in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
A. 
Nothing contained in this article shall be construed to interfere with or in any way modify the provisions of any existing contracts which are in force in the City on the effective date of this article.
B. 
No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of recyclables shall be entered into after the effective date of this article, unless such renewal or such contact shall conform to the requirements of this article.
A. 
Each person shall separate yard waste from other municipal waste generated at their homes, apartments and other residential establishments until collection unless those persons have otherwise provided for the composting of yard waste.
B. 
Nothing herein shall require any person to gather yard waste or prevent any person from utilizing yard waste for compost, mulch, or other agricultural, horticultural, silvicultural, gardening or landscaping purposes.
[Amended 5-3-1991 by Ord. No. 13039]
C. 
Yard waste shall be prepared and placed at curbside, separate from municipal waste and recyclable materials, for collection at such times and dates as may be established by regulation, or yard waste may be taken to the City's designated yard waste site. Yard waste preparation and other procedures are set forth in regulations established by the Director of Public Works.
[Amended 4-3-1991 by Ord. No. 13039; 3-3-2005 by Ord. No. 14263; 12-26-2011 by Ord. No. 14957]
D. 
The Bureau of Recycling and Solid Waste operates and processes yard waste at the City's designated yard waste site. A yard waste material loading fee is hereby established at a rate of $12 per cubic yard for loading services provided by City staff for mulch.
[Amended 12-26-2011 by Ord. No. 14957]
[Amended 3-3-2005 by Ord. No. 14263]
The owner of multifamily rental housing properties not in the City Curbside Collection Program shall establish a collection system for recyclable materials in accordance with Article III, Commercial Recycling, of this chapter, including suitable containers for each dwelling unit, for their storage and collection and provide written instructions to the occupants. Said owners who comply with this section shall not be liable for the noncompliance of occupants of their buildings.
[Amended 3-3-2005 by Ord. No. 14263]
A. 
The City's Department of Public Works, the Bureaus of Recycling and Solid Waste and Health and other City enforcement bureaus are authorized and directed to enforce this article. The Director of Public Works is hereby authorized to promulgate, establish reasonable rules and regulations in accordance with the terms hereof and any other matters required to implement this article. The City may change, modify, repeal or amend any portion of said rules and regulations at any time.
B. 
Any violation of the provisions of this article may be cause for a citation, a violation ticket and/or a notice of violation to be issued to the violator.
C. 
A notice of violation or violation ticket shall be served upon a violator by handing it to the violator, by handing it at the residence of the person to be served to an adult member of the household or other person in charge of the residence, by leaving or affixing the notice or violation ticket to the property where the violation exists, by handing it at any office or usual place of business of the violator, to his/her agent or to the person for the time being in charge thereof, or by mailing the notice to the violator's address of record.
D. 
Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed.
E. 
A public officer is authorized and empowered to cause a violation to be corrected.
F. 
If the City has effected the correction of the violation, the cost thereof may be charged to the owner of the property, tenant or offending party. The cost shall be determined by the Manager of Recycling and Solid Waste or designee in order that the City shall be compensated for both direct and indirect costs and expenses incurred.
[Amended 3-3-2005 by Ord. No. 14263]
A. 
A person in receipt of a violation ticket may appeal to the Bureau of Recycling and Solid Waste by filing a request within 10 days of receipt of the violation ticket.
B. 
A Hearing Officer, designated by the Manager of the Bureau of Recycling and Solid Waste, may uphold the appeal, deny the appeal or may modify the violation ticket and/or any associated costs, fines or penalty amounts.
[Amended 3-3-2005 by Ord. No. 14263]
If any provision, paragraph, word, section or subsection of this article is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or subsection shall not be affected and shall remain in full force and effect.
[Amended 4-3-1991 by Ord. No. 13039; 3-3-2005 by Ord. No. 14263; 3-8-2006 by Ord. No. 14370]
A. 
Violation ticket fines.
(1) 
Violation tickets shall be issued in the amounts of $25 or $100.
(2) 
Any person who receives a violation ticket for any violation of this article may, within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of $25 or $100, as indicated on the violation ticket.
B. 
Violation ticket penalties.
(1) 
If the person in receipt of a $25 violation ticket does not pay the fine or request a hearing within 10 days, the person will be subject to a $10 penalty for days 11 through 20.
(2) 
If the person in receipt of a $100 violation ticket does not pay the fine or request a hearing within 10 days, the person will be subject to a $25 penalty for days 11 through 20.
(3) 
Failure of the person to make payment within 20 days shall make the person subject to a citation.
C. 
Citation fines. Whoever violates, or does not comply with any provision of this article or any regulation thereof, shall be punishable by a fine not less than $25 upon a first conviction; $50 upon a second conviction; and $100 upon a third or subsequent conviction. The above fines shall not be applicable to a conviction for §§ 525-16 and 525-17 hereof, which shall be punishable by a fine not to exceed $1,000.
[Amended 3-3-2005 by Ord. No. 14263]
The City may enter into an agreement(s) with public or private agencies or firms to authorize them to operate or administer all or any part of the residential recycling program mandated by this article.