[Adopted 8-15-1990 by Ord. No. 12993 (Article 1139 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 CANS, FOIL AND PLATES
An empty container consisting entirely of aluminum and used solely for packing of beverage or food; includes aluminum foil and pie plates.
[Amended 4-6-2011 by Ord. No. 14882]
BIMETAL CAN
An empty food or beverage container consisting of a combination of ferrous and aluminum metals.
CENTER CITY
That section of Allentown that is bounded on the east by the Jordan Creek, on the north by Tilghman Street, on the west by 11th Street and on the south by the Little Lehigh Creek.
[Amended 10-7-1993 by Ord. No. 13219]
CITY
The City of Allentown.
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. 14264]
COLLECTOR
A person authorized by the Department of Public Works to collect, transport and dispose of municipal waste or recyclable materials.
COMMERCIAL ESTABLISHMENT
An establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
COMMINGLED
Source-separated, nonputrescible recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).
COMMUNITY ACTIVITY
Events that are sponsored in whole or in part by the City or conducted within the City and sponsored privately, which include but are not limited to fairs, bazaars, socials, picnics and organized sporting events that are open to the general public and will be attended by 200 or more individuals per day.
CONDOMINIUM
An apartment building or housing area in which the dwelling units are owned individually.
CORRUGATED CARDBOARD
Industrially prefabricated boxes, primarily used for packaging goods and material; includes other similar box containers.
[Amended 4-6-2011 by Ord. No. 14882]
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials specified by the City to be separated from municipal waste for the purpose of recycling 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, corrugated cardboard, paperboard, office paper, white goods and leaf wastes.
[Amended 4-6-2011 by Ord. No. 14882]
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.
ELIGIBLE ENTITIES
Any residence or place of business that receives City contractor service in accordance with the criteria contained herein.
[Amended 10-7-1993 by Ord. No. 13219]
FOOD SERVICE ESTABLISHMENT
Any establishment licensed as such by the City.
[Amended 4-6-2011 by Ord. No. 14882]
GLASS CONTAINER
An empty food or beverage bottle or jar made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products, drinking glasses, light bulbs and the like.
HIGH-GRADE OFFICE PAPER
Any bond, copier and similar paper.
[Amended 4-6-2011 by Ord. No. 14882]
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
[Amended 4-6-2011 by Ord. No. 14882]
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, day-care facilities, schools and universities.
[Amended 4-6-2011 by Ord. No. 14882]
LITTER
Includes, but is not limited to, all waste material, garbage, trash, i.e., waste paper, tobacco products, wrappers, food or beverage containers, newspapers, etc., municipal waste, human waste, damaged and deteriorated furniture or motor vehicle seats, vehicle parts, automotive products, recyclable material, dirt, mud and yard waste that has been abandoned or improperly discarded, deposited or disposed.
[Amended 3-3-2005 by Ord. No. 14264; 4-6-2011 by Ord. No. 14882]
MIXED PAPER
Any combination of high-grade office paper, white and colored paper, file stock, advertisements, mail, magazines and catalogs and similar paper.
[Amended 10-7-1993 by Ord. No. 13219; 4-6-2011 by Ord. No. 14882]
MULTIFAMILY DWELLING
Any building under one roof which contains two or more complete dwelling units.
[Amended 4-6-2011 by Ord. No. 14882]
MUNICIPAL ESTABLISHMENT
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.
[Amended 4-6-2011 by Ord. No. 14882]
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation or residential, municipal, commercial or institutional establishments or from community activities and which is not classified as residual waste or hazardous waste. The term does not include source-separated recyclable materials.
[Amended 4-6-2011 by Ord. No. 14882]
NEWSPAPERS
Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news, opinions, matters of public interest, advertisements and circulars.
[Amended 4-6-2011 by Ord. No. 14882]
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. 14264; 4-6-2011 by Ord. No. 14882]
PAPERBOARD
A rigid, durable form of paper, often called cardboard, that is used for packaging and other end uses.
[Amended 4-6-2011 by Ord. No. 14882]
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.
PLASTICS
Bottles, jugs, containers and buckets marked with the #1 through #7 recycling symbol, such as but not limited to soda, milk, water, water, liquid laundry bottles, yogurt, margarine, condiments, etc.
[Amended 4-6-2011 by Ord. No. 14882]
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. 14264; 4-6-2011 by Ord. No. 14882]
RECYCLABLE MATERIAL
A material which can be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
[Amended 4-6-2011 by Ord. No. 14882]
RECYCLING
The separation, collection, processing, recovery and sale or re-use of metals, glass, paper, plastics and other materials which would otherwise be disposed of as municipal waste.
[Amended 4-6-2011 by Ord. No. 14882]
RECYCLING FACILITY
Any facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities.
[Amended 4-6-2011 by Ord. No. 14882]
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]).
[Amended 10-7-1993 by Ord. No. 13219; 4-6-2011 by Ord. No. 14882]
SOURCE-SEPARATE
To separate recyclable materials from the municipal waste stream at the point of waste generation.
[Amended 4-6-2011 by Ord. No. 14882]
STEEL AND TIN CANS
Used as food and beverage containers.
[Amended 4-6-2011 by Ord. No. 14882]
VIOLATION TICKET
A form issued by a police officer or public officer to a person who violates a provision of this article.
[Amended 3-3-2005 by Ord. No. 14264; 4-6-2011 by Ord. No. 14882]
YARD WASTE
Leaves, garden residues, grass clippings, shrubbery and tree trimmings and similar materials.
[Amended 4-6-2011 by Ord. No. 14882]
[1]
Editor's Note: See 35 P.S. § 6018.103.
[Amended 10-7-1993 by Ord. No. 13219; 3-3-2005 by Ord. No. 14264; 4-6-2011 by Ord. No. 14882]
A. 
There is hereby established a commercial recycling program for the mandatory source-separation, separate collection and recycling of designated recyclable materials generated from all commercial, institutional, municipal and industrial establishments within the City and by residents of institutions, multifamily dwellings greater than 25 residential units, multifamily dwellings approved for exemption from the City Curbside Collection Program and dwelling units located on private roads which are not served by the City's residential recycling collection system. Said owner who complies with the provisions of this article shall not be liable for the noncompliance of their occupants.
B. 
Collection of recyclable materials pursuant to this section shall be made once per month or more often, as necessary as determined by the Manager of the Bureau of Recycling and Solid Waste or designee. The storage of recyclable materials shall not result in litter or in the creation of a public nuisance.
C. 
All commercial, institutional, municipal or industrial establishments, multifamily dwellings which are not part of the City's residential recycling collection system and sponsors of community activities serving over 200 people per day shall be required to source-separate all specific designated recyclable materials generated on the premises and shall arrange for the collection for recycling of said materials. Recycling program development, implementation and operation shall be the responsibility of the same entity which contracts for the private collection and disposal of waste.
D. 
Designated recyclable materials for commercial, industrial, institutional, municipal establishments, licensed food service establishments, community activities serving over 200 people per day and multifamily dwellings not included in the City Curbside Recycling Program and shall be determined by regulation from the following list:
(1) 
High-grade office paper.
(2) 
Mixed paper.
(3) 
Corrugated cardboard.
(4) 
Aluminum cans, foil and pie plates.
(5) 
Steel and tin cans.
(6) 
Glass food and beverage containers (clear, brown and green).
(7) 
Plastics.
(8) 
Newspaper.
(9) 
Yard waste.
(10) 
Paperboard.
(11) 
Other recyclable materials as designated by the Manager of the Bureau of Recycling and Solid Waste or designee.
E. 
Commercial, institutional and other approved establishments participating in the City Curbside Collection Program shall be responsible for the recycling of all corrugated cardboard generated by the establishments.
F. 
The City reserves the right to add or remove recyclable materials from its designated lists at any time.
[Amended 4-6-2011 by Ord. No. 14882]
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, as amended.
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, as amended, unless such renewal or such contract shall conform to the requirements of this article, as amended.
[Amended 10-7-1993 by Ord. No. 13219; 3-3-2005 by Ord. No. 14264]
A. 
It shall be the responsibility of the owners/operators of all commercial, institutional, municipal, industrial and licensed food service establishments, sponsors of community activities serving over 200 people and multifamily dwelling units not included in the City Curbside Collection Program to annually submit to the City or upon request by the City, evidence of a current agreement/contract with a licensed collector for trash and separate recycling collection.
[Amended 4-6-2011 by Ord. No. 14882]
B. 
It shall be the responsibility of the above-named owners/operators to submit a recycling report to the City on an annual basis. Said report shall identify the total tonnages of municipal waste generated and recyclable materials recovered per establishment, and the type and weight of individual recyclable materials recovered, along with the identification of the markets and destinations of each recovered recyclable material. All such reports of the previous year shall be submitted to the Bureau of Recycling and Solid Waste by January 31, on forms provided by the City.
C. 
It shall be the responsibility of the licensed trash haulers collecting municipal waste in the City to submit a recycling report to the City on an annual basis. Said report shall identify the tonnages of municipal waste generated per establishment, and the type and weight of individual recyclable materials recovered, along with the identification of the markets and destinations of each recovered recyclable material. All such reports of the previous year shall be submitted to the Bureau of Recycling and Solid Waste by January 31, on forms provided by the City.
D. 
It shall be the responsibility of all commercial recycling haulers collecting designated recyclable materials generated in the City of Allentown to submit a recycling report to the City on an annual basis. Said report shall identify individual establishments being serviced and the total tonnages of recyclable materials by type and weight of material that was processed along with the identification of the markets and destinations of each recovered recyclable material. All such reports of the previous year shall be submitted to the Bureau of Recycling and Solid Waste by January 31, on forms provided by the City.
E. 
All documentation shall be retained by haulers of trash and recyclable materials. Said documentation shall be available for inspection by City officials for a period of not less than five years.
F. 
The City reserves the right to require any additional information as deemed necessary by the Bureau of Recycling and Solid Waste.
[Amended 3-3-2005 by Ord. No. 14264]
Any person or persons engaged in the collection, processing and marketing of designated recyclable materials and all householders, firms, corporations, co-partnerships and any and all persons who may or do produce designated recyclable materials shall at all times be subject to any and all legislation, which may from time to time be enacted by the City as needed to be consistent with the rules and regulations of Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Amended 3-3-2005 by Ord. No. 14264]
A. 
General. It shall be the duty of every owner of property, premises or place of business within the City of Allentown where designated recyclable materials are produced and accumulated, by his/her own expense and cost, to provide and keep at all times, a sufficient number of containers to hold all designated recyclable materials which may accumulate during the intervals between collection of such recyclable materials by an authorized collector.
B. 
Containers and storage in multifamily dwelling units.
[Amended 4-6-2011 by Ord. No. 14882]
(1) 
Owners of multifamily dwelling units shall provide each dwelling unit with a bin(s) sufficient to hold all designated recyclable materials accumulated by the occupants of the dwelling unit during the intervals between collections. Bins provided for storage of designated recyclable materials shall remain the property of the owner of the multifamily dwelling unit and shall remain with the individual unit should the occupant vacate.
(2) 
All designated recyclable materials accumulated by owners and/or the occupants of multifamily dwelling units shall be placed in bins prior to transfer to bulk containers as specified in Subsection C for collection by an authorized collector. The bins shall be durable, watertight and made of metal or plastic and marked with the recycling symbol or other acceptable markings. The containers shall be kept clean.
C. 
Storage on multifamily dwelling, commercial industrial, municipal and institutional properties.
[Amended 4-6-2011 by Ord. No. 14882]
(1) 
Containers. Storage of designated recyclable materials on all multifamily dwelling properties which are using private collection shall be in container(s) as specified in Subsection C(1)(a) below. Storage of designated recyclable materials on commercial, institutional, municipal and industrial properties shall be done in the same manner and kept in the same type of bins as are required for multifamily dwelling properties except where the accumulation for each said property precludes their use, in which case, such owner or occupant shall make special arrangements with the authorized collector for the storing of such additional quantities. Container arrangements shall include the following:
(a) 
The type of container to be furnished by the collector shall be acceptable to the Manager of the Bureau of Recycling and Solid Waste or designee. The containers shall have lids to avert a public nuisance and litter problem and to protect the marketing quality of recyclable materials. Such lids must remain closed except when designated recyclable materials are being placed in or removed from the container. The containers shall be clearly marked with both the recycling symbol and with the type of material(s) to be deposited in the container. The containers shall be kept clean and in good repair.
(b) 
The number of such containers shall be agreed to between the collector and such owner or occupant of the multifamily dwelling, commercial, institutional, municipal or industrial property to be used in any collection period.
(2) 
Location of containers. Storage containers for collection at multifamily dwellings, commercial, institutional, municipal or industrial properties using private collection shall be located on such premises at a place agreed upon by such owner or occupant of the property and the authorized collector and shall not be unsatisfactory to the Department of Public Works. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways or entrances and exits of public or private buildings and shall be in compliance with all applicable laws. Bulk storage containers which are on wheels to facilitate their movement shall remain blocked at all times while unattended to prevent unintentional movement.
(3) 
Property owners/operators of all commercial, institutional, municipal, industrial, licensed food service establishments, and multifamily dwelling units not included in City Curbside Collection must provide a location on their property for the storage of trash and recycling in between collections. Storage must be in compliance with all City of Allentown ordinances and must not create a public nuisance or vector control issues. Exceptions and alternate storage locations may be subject to review and approval by the Bureau of Recycling and Solid Waste.
[Amended 10-7-1993 by Ord. No. 13219; 4-6-2011 by Ord. No. 14882]
A. 
Designated recyclable materials shall be separated and prepared in a manner consistent with recycling market requirements and placed at a designated area separate from municipal waste for collection at such times and dates as may be hereinafter established by regulation. No establishment may place municipal waste or recycling at the curbline or in the public right-of-way for collection by a privately contracted collector without written approval by the Bureau of Recycling and Solid Waste.
B. 
Commercial and institutional establishments participating in the City collection system shall separate, prepare and store designated recyclable materials in a manner consistent with the requirements of the City of Allentown. No establishment may place municipal waste or recycling at the curbline or in the public right-of-way for collection by the City's Contracted hauler without approval by the Bureau of Recycling and Solid Waste and payment of the municipal waste and recycling fee.
Recycling education programs shall be developed for and instituted at all entities mandated to recycle by this article as follows:
A. 
Multifamily dwellings, commercial, institutional, municipal industrial and food service establishments. It shall be the responsibility of all mandated establishments to adequately inform all employees, occupants and patrons of the recycling program. The required educational program, at a minimum, shall include written instructions to all parties identifying the materials to be recycled, how the materials are to be prepared, how to use the collection system and updates detailing any changes in the program.
[Amended 4-6-2011 by Ord. No. 14882]
B. 
Community activities. It shall be the responsibility of sponsors of all community activities to inform all employees as well as users (patrons) of the recycling program. The required educational program shall describe the recycling program's features and requirements. The recycling program shall require that receptacles for recyclable materials be clearly marked with both the recycling symbol and the type of material to be deposited in the receptacle or other marking as approved by the Director of Public Works. Recycling signs shall be prominently displayed stating the requirements of the recycling program.
[Amended 4-6-2011 by Ord. No. 14882]
Persons required to participate in the recycling program established herein may request an exemption to the requirements of this article pursuant to § 1501 of Act 101.[1] All such requests must be made in writing to the Director of Public Works or designee and will be evaluated on a case-by-case basis by the as to approve modify or deny the request.
[1]
Editor's Note: See 53 P.S. § 4000.1501.
A. 
Collection. Collectors shall collect and remove all recyclable materials for which they are responsible to collect. Collectors shall return the recycling receptacle(s) to the premises from which they have been removed in a manner so as not to create litter or a public nuisance.
[Amended 3-3-2005 by Ord. No. 14264]
B. 
Transportation. Any person transporting designated recyclable materials within the City of Allentown shall prevent or remedy any spillage from vehicles or containers used in the transport of such designated recyclable materials. Such vehicles or containers shall not be overfilled and shall be cleansed at sufficiently frequent intervals to prevent obnoxious odors or unhealthful conditions. Such vehicles shall be so constructed, loaded and driven as to prevent any portion of the load from falling out upon the streets or highways.
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 or designated location for storage and subsequent collection by authorized collectors. 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 for the purpose of recycling to any person, partnership or corporation, whether operating for profit or not for profit; provided, however, that such sold or donated material may not be placed for collection at or collected from the curbside.
[Amended 3-3-2005 by Ord. No. 14264]
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. 14264]
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 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. 14264]
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 3-3-2005 by Ord. No. 14264]
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. Any person, firm or corporation who shall fail, neglect or refuse to comply with any of the terms or provisions of this article or of any regulation or requirement pursuant hereto and authorized hereby, shall upon conviction thereof be ordered to pay a fine of not less than $25 nor more than $1,000 and in default of payment of fine and costs, imprisoned not more than 90 days. Each occurrence shall constitute a separate offense.