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Borough of Brookhaven, PA
Delaware County
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Table of Contents
Table of Contents
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.
ALUMINUM CANS
Empty aluminum beverage and food containers.
BIMETALLIC CANS
Empty food or beverage cans consisting of steel and aluminum.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes and those multiple dwelling residential buildings containing more than four dwelling units.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
CURBSIDE RECYCLING COLLECTION
Scheduled collection and transportation of recyclable materials placed at the curbline of residents.
GLASS CONTAINERS
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.
HIGH GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, such as hospitals, public and private schools, churches, day care centers and nursing homes.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue, clipped shrubbery and tree trimmings, but not including grass clippings.
MULTI-FAMILY HOUSING PROPERTIES
Any properties having more than four dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the Borough and other governmental and quasi-governmental authorities, including public and private schools.
NEWSPAPERS
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.
PERSON(S)
Owners, lessors and occupants of residences.
RECYCLABLE MATERIALS
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.
RECYCLING REGULATIONS
Those rules and directives established by resolution by the Borough Council from time to time, as revised or amended.
RESIDENCE
Any occupied single or multi-family dwelling fronting on a public street having up to four dwelling units per structure.
WASTE
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.