CROSS REFERENCES
Garbage disposal units — See Ch. 1424.
Removal and disposal of dead animals — See § 614.08.
Safety, sanitation and health — See Ch. 680.
STATUTORY REFERENCES
Acquisition of land for garbage plants — See
Borough Code, 8 Pa.C.S.A. §§ 1201(8) and 1501.
Authority to erect, maintain and operate garbage plants — See
Borough Code, 8 Pa.C.S.A. § 1202(8).
Authority to prevent accumulation of waste — See
Borough Code, 8 Pa.C.S.A. § 1202(4).
Authorization and provision for collection and disposal of waste — See
Borough Code, 8 Pa.C.S.A. § 1202(8).
Condemnation of property for garbage plants — See
Borough Code, 8 Pa.C.S.A. §§ 1201(8) and 1501.
[Ord. 547, passed 9-9-1991]
The short title of this chapter shall be the "Borough of Brookhaven
Recycling Chapter," and the same may be cited in that manner.
[Ord. 547, passed 9-9-1991]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Empty aluminum beverage and food containers.
Empty food or beverage cans consisting of steel and aluminum.
Those properties used primarily for commercial or industrial
purposes and those multiple dwelling residential buildings containing
more than four dwelling units.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Scheduled collection and transportation of recyclable materials
placed at the curbline of residents.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are non-container glass, plate glass, blue glass and porcelain
and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
Those facilities that house or serve groups of people, such
as hospitals, public and private schools, churches, day care centers
and nursing homes.
Leaves from trees, bushes and other plants, garden residue,
clipped shrubbery and tree trimmings, but not including grass clippings.
Any properties having more than four dwelling units per structure.
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities, including public and private schools.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions and containing
advertisements and other matters of public interest. Expressly excluded,
however, are newspapers that have been soiled.
Owners, lessors and occupants of residences.
Those materials specified by the Borough to be recycled.
This list of materials is specified in the recycling regulations resulting
from this chapter and may be revised from time to time as deemed necessary
by the Borough.
Those rules and directives established by resolution by the
Borough Council from time to time, as revised or amended.
Any occupied single or multi-family dwelling fronting on
a public street having up to four dwelling units per structure.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. The term does not include source-separated recyclable
materials or material approved by the Department for beneficial use.
[Ord. 547, passed 9-9-1991]
There is hereby established a program for the mandatory separation
of recyclable materials from solid waste of all persons within the
Borough of Brookhaven, hereinafter referred to as the Borough.
[Ord. 547, passed 9-9-1991]
Recyclable materials shall be placed at the curbside separate
from solid waste for collection at such times and dates as may be
hereinafter established by regulation.
(A)
Residential. It shall be the responsibility of all residents to separate
newsprint, aluminum and glass. The aluminum, bimetallic cans, clear
glass and colored glass must be placed in a separate container supplied
by the Borough. All materials must be properly cleaned before being
placed at the curbline.
(B)
Commercial, institutional and municipal establishments. It shall
be the responsibility of commercial, institutional and municipal establishments
to separate and store from the waste stream high grade office paper,
aluminum, clear and colored glass, corrugated paper, newsprint and
leaf waste.
[Ord. 547, passed 9-9-1991]
Any commercial, institutional or residential living group or
unit utilizing private trash pick-up as of the date of the passage
of this chapter shall be required to provide for the private pick-up
and disposal of all recyclables pursuant to the terms of this chapter.
Any private vendor who shall pick up and dispose of recyclables within
the Borough must register with the Borough offices on an annual basis,
setting forth the name of the vendor, the address of the vendor, and
those properties which the vendor will be servicing. It is further
required that all vendors must provide a written report to the Borough
on a quarterly basis setting forth the tonnage of all recyclables
collected within the Borough.
[Ord. 547, passed 9-9-1991]
No person shall dispose of recyclables with ordinary municipal
waste. Recyclables shall be taken to a recycling facility. It shall
be a violation of this chapter to dispose of recyclables in landfills
or incinerators except with the written permission of the Borough.
[Ord. 547, passed 9-9-1991]
It shall be unlawful to dispose of leaf waste from any property
in the Borough with residential, commercial or institutional waste.
Only residential leaf waste will be collected by the Borough.
[Ord. 547, passed 9-9-1991]
Recyclables shall become the property of the Borough or its
authorized agents from the time of placement of recyclables at the
curb. It shall be a violation of this chapter for any person not registered
by the Borough to collect or pick up or cause to be picked up or collected
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. The Borough shall exercise its
right to question and prosecute nonresidents who are apprehended with
Borough containers in their possession.
[Ord. 547, passed 9-9-1991]
The Borough will enter into an agreement with public or private
agencies or firms to authorize them to collect all or part of the
recyclable materials from curbsides.
[Ord. 547, passed 9-9-1991]
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the Borough in its recycling regulations.
These materials must either be delivered to the individual's
or organization's site or they may be placed at curbside for
collection by said individual or organization on days not indicated
as recyclable material collection days by the Borough. Said individuals
or organizations may not collect recyclable materials on or immediately
preceding (within 24 hours) a regularly scheduled curbside collection
day.
[Ord. 547, passed 9-9-1991]
The Council of the Borough shall promulgate recycling 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 chapter. The Borough may change, modify,
repeal or amend any portion of said rules and regulations by resolution.
[Ord. 547, passed 9-9-1991]
The Council of the Borough may from time to time adopt rules
and regulations concerning the procedures of recyclable separation
and collection, setting forth the days on which collection shall be
made, specifying the nature and manner in which recyclables are to
be placed for collection and any other matters relating to the efficient
operation of this chapter. Notice of the enactment of this chapter,
along with any other information deemed appropriate concerning recycling,
shall be distributed to all persons occupying residential, commercial,
institutional and municipal premises within the boundaries of the
Borough.
[Ord. 547, passed 9-9-1991]
This chapter shall take effect upon establishment and distribution
of the recycling regulations and after the entry into agreements with
public or private haulers to collect recyclables and at such time
as stated in the notice to the residents of the Borough.
[Ord. 547, passed 9-9-1991]
Whoever violates or fails to comply with any of the provisions
of this chapter, or any rule or regulation promulgated under authority
hereof, shall be fined not more than $25 upon a first conviction;
$50 upon a second conviction; and $100 upon a third or subsequent
conviction. The foregoing shall not be applicable to a conviction
for a violation of § 1061.07, which shall be punishable
by a fine not to exceed $600. No enforcement of §§ 1061.03
and 1061.04 shall be made until three months from the effective date
of regulations authorized to be promulgated hereunder.