The short title of this article shall be the "City of Hazleton Resource Recovery Ordinance," and the same may be cited in that manner.
[Adopted 11-16-1995 by Ord. No. 95-18 as Ch. 203, Art. IV, of the 1995 Code]
For the purpose of this article, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:
All food and beverage cans made of the light-in-weight ductile and malleable metallic substance or element commonly known as "aluminum." This description excludes aluminum foil, trays, plates and miscellaneous aluminum products.
Those properties used primarily for commercial or industrial purposes and those multiple dwelling residential buildings containing more than four dwelling units.
Events that are sponsored by public or private agencies or individuals that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
Paper which has been shaped or wrinkled into parallel grooves and ridges, including cardboard, paperboard, wrapping and packaging paper, commonly used in boxes and cartons.
The hard brittle, transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually or conveniently included in the manufacture of glass and including, for the purpose of this article, all materials commonly known as "glass bottles or containers." This includes all food and beverage containers made of glass, whether clear or colored, of one gallon or less capacity. This term excludes containers of a greater capacity than one gallon, ceramic, window glass, automobile glass, mirrors and kitchenware.
The Hazleton City Authority Industrial Division.
[Added 3-9-2011 by Ord. No. 2011-1]
All-white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
A private garbage hauler engaged by a commercial establishment.
Those facilities that house or serve groups of people such as hospitals, schools, day-care centers and nursing homes.
Includes but is not limited to automotive, truck and industrial batteries that contain lead.
Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings but not including grass clippings.
A person authorized to collect source-separated recyclable materials from commercial, institutional and municipal establishments and multifamily housing properties in the City of Hazleton.
All buildings, the primary purpose and use of which is for residential occupancy by three or more separate and distinct families, tenants and/or household units; a row- or townhouse dwelling which contains three or more single or duplex dwelling units which are owned, including the land upon such they are erected, in fee simple by separate persons.
Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
The City of Hazleton.
Paper which has been used for the production of daily, weekend and special edition publications commonly known as "newspapers." Expressly excluded are glossy advertising inserts often included with newspapers.
Any individual, partnership, corporation, association, institution, cooperative enterprise or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
All plastic bottles and containers, including but not limited to those for carbonated beverages, milk and detergents, made of PED, HDPE or PVC material.
Materials which are separated from the remainder of municipal waste in compliance with Section 1501 of Act 101.
[1]Any garbage, refuse or putrescible animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food and other material, including solid or semisolid material resulting from the operation of residences or municipal facilities, and any other solid waste which is within the definition of "municipal waste" set forth in Section 103 of the Municipal Waste Planning, Recycling and Waste Reduction Act, the Act of July 28, 1988, P.L. 528, No. 101,[2] but excluding any liquid waste or sludge; waste which is defined by existing or future federal or state law or regulation as hazardous waste or residual waste; infectious waste, pathological waste or other waste for which treatment or handling requirements different from those normally applicable to municipal waste apply; polychlorinated biphenyls; recyclable materials; materials specifically excluded under applicable county or municipal ordinances, rules or regulations; and leaf waste, as herein defined.
A person who lives in a residential structure.
Any occupied single-family or multifamily dwelling having up to and including three dwelling units per structure for which the municipality provides municipal waste collection service.
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
The ferrous metal food or beverage containers commonly known as "tin cans."
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Department for beneficial use.
A.
There is hereby established a municipal recycling program for the mandatory separation of recyclable materials from solid waste by persons residing in single-family dwellings or multifamily dwellings having up to and including three dwelling units per structure.
B.
The City of Hazleton Department of Administration and/or the Hazleton City Authority shall be responsible for scheduling a day, at least once a month, for the collection of recyclable material. The responsibility to establish and modify this schedule and the responsibility for communicating to the residents of the City, along with the duty to prescribe regulations pursuant to this article, shall be with the Department of Administration of the City of Hazleton and/or the Hazleton City Authority.
[Amended 3-9-2011 by Ord. No. 2011-1]
A.
Recyclable materials from residential dwellings shall be placed at the curb or other designated place separate from collection or taken to dropoff sites at such times, dates and places and in such manner as may be established by the City of Hazleton and/or the Hazleton City Authority. Materials to be recycled are clear glass, brown glass, green glass, aluminum beverage containers, plastic as defined, newspaper, tin and leaf waste or other recyclable materials designated by the City of Hazleton and/or the Hazleton City Authority under its regulations.
[Amended 3-9-2011 by Ord. No. 2011-1]
B.
The recyclable materials shall be placed in containers which may be provided by the City and, if so provided, said containers shall be and remain the property of the City and remain with the residence, regardless of owner or tenant. Any misuse or destruction of said containers shall subject the person responsible to penalty as hereinafter set forth.
C.
Should the containers become lost or unusable, they must be replaced by notifying the City of Hazleton. The City is authorized to charge a replacement fee in accordance with rules and regulations of the City of Hazleton.
A.
Commercial, municipal and institutional establishments shall separate and store, until collection, high-grade office paper, corrugated paper and aluminum and other source-separated recyclable materials which they may elect to recycle. These establishments must arrange for the transfer of the materials at least once a month to a recycling system, i.e., a collector licensed for the purpose of collecting source-separated recyclable materials by the City and/or the Hazleton City Authority.
[Amended 3-9-2011 by Ord. No. 2011-1]
B.
The licensed recycling collector shall annually provide to the Hazleton City Authority evidence of each such arrangements and documentation of the total number of tons recycled by providing invoices to the City of Hazleton and/or the Hazleton City Authority showing the materials collected from the establishments or properties that were marketed.
[Amended 3-9-2011 by Ord. No. 2011-1]
C.
At all community activities, recyclable materials designated by the Hazleton City Authority must be separated until collection. Sponsoring organizations must arrange for the transfer of the materials to a recycling system.
[Amended 3-9-2011 by Ord. No. 2011-1]
D.
Commercial, municipal and institutional establishments and coordinators of community activities who comply with this article shall not be liable for the noncompliance of their tenants where a portion of the building is leased to tenants and/or for the noncompliance by the general public where there is public access to the building or grounds or in other public areas.
A.
The owner, landlord or an agent of an owner or landlord of multifamily housing properties of four or more units shall establish a collection system for recyclables at each property. Materials to be separated are clear glass, colored glass and aluminum cans. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
B.
These landlords or owners must arrange for the collection of the recyclable materials by a licensed recycler at least once a month.
C.
Owners, landlords and agents of owners or landlords who comply with this article shall not be liable for the noncompliance of occupants of their buildings.
No person may place a used lead acid battery in mixed municipal solid waste or discard or otherwise dispose of a lead acid battery except by delivery to an automotive battery retailer or wholesaler, to a secondary lead smelter permitted by the Environmental Protection Agency or to a collection or recycling facility authorized under the laws of the commonwealth.
[Amended 3-9-2011 by Ord. No. 2011-1]
All persons who reside in residential dwellings and/or a residential dwelling unit and all persons who are responsible for administration of multifamily housing properties or commercial, municipal and institutional establishments who gather leaves shall source separate all leaves from all other waste and place them for collection at the times and in the manner prescribed by the Hazleton City Authority. Leaves are not to be incorporated into the regular waste stream. Nothing herein shall require any person to gather leaves nor prevent any person from utilizing leaves for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscape purposes.
A.
The City of Hazleton and/or the Hazleton City Authority shall authorize, by issuance of a license, such haulers to collect and market source-separated recyclable materials from multifamily dwellings and commercial and institutional establishments within the City of Hazleton. All applications for licensing shall be reviewed by the City of Hazleton and/or the Hazleton City Authority and shall be approved in accordance with following criteria:
[Amended 3-9-2011 by Ord. No. 2011-1]
(1)
No person other than such persons as are duly authorized by the City and/or the Hazleton City Authority, shall collect, transport and/or market source-separated recycle materials within or from the City. Authorization shall be given only by the Department of Administration of the City of Hazleton and/or the Hazleton City Authority, or its designee, in accordance with regulations established by the Hazleton City Authority.
(2)
Licenses may be issued to only those persons who can provide satisfactory evidence that they are capable of providing the necessary services and can comply with the provisions and intent of this article and the rules and regulations established by the Hazleton City Authority.
B.
Licenses shall be issued on a fiscal-year basis and renewed annually, but may be revoked at any time by the City of Hazleton for just cause in accordance with the rules and regulations of the City of Hazleton and/or the Hazleton City Authority and/or Department of Environmental Protection.
[Amended 3-9-2011 by Ord. No. 2011-1]
C.
Fees for such licenses shall be paid by the applicant to the City of Hazleton, and said fees shall be on the basis of cost and covered in the rules and regulations of the City of Hazleton.
D.
Nothing herein shall prohibit an individual from taking his or her source-separated recyclable materials directly to a designated dropoff site or to market in accordance with this article.
[Amended 3-9-2011 by Ord. No. 2011-1]
A.
Ownership of any recyclable materials is retained by the owners, lessees and occupants of residences and commercial or institutional establishments until the materials are placed at curbside or a similar location for collection. Thereafter, once the materials are placed at curbside or a similar location, they become the property of the City of Hazleton and/or the Hazleton City Authority or its contract collector.
B.
It shall be a violation of this article for any persons unauthorized by the Hazleton City Authority to collect or pick up or cause to be picked up any such recyclable materials. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
A.
All recyclable materials must be delivered by the authorized collector to sites for recycling.
B.
It shall be violation of this article for the unauthorized collector of recyclable materials to deliver such materials to a landfill or incinerator for the purpose of disposal unless markets for such materials no longer exist. The authorized collector will provide the weight receipts of the recyclable materials to the City of Hazleton and/or the Hazleton City Authority.
[Amended 3-9-2011 by Ord. No. 2011-1]
[Amended 3-9-2011 by Ord. No. 2011-1]
Nothing herein is intended nor shall prohibit the Hazleton City Authority, which has been transferred the responsibility for the municipal waste planning, recycling and waste reduction under the Act of July 28, 1988, No. 101,[1] from entering into an agreement or agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from residential dwellings at curbside or from dropoff collection points.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
Any person who violates any provision of this article, except as hereinbefore stated in § 404-32, shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, Article II, Violations and Penalties, of this Code. Further, each day for which a violation occurs and each violation of any provision of this article shall constitute a separate offense.
B.
The Hazleton Police Department, Environmental Protection Specialist, and Code Enforcement Officer and any other office or department of the City who may be duly authorized by the municipality shall enforce the provisions in this article in conjunction with the powers transferred to the Hazleton City Authority by the City of Hazleton.
[Amended 3-9-2011 by Ord. No. 2011-1]
[Amended 3-9-2011 by Ord. No. 2011-1]
A.
In carrying out the requirements of Act 101, Section 1501(e),[1] and the provisions of this article, the Hazleton City Authority may establish resolutions to govern the specific requirements of this article. Such regulations may specify:
(1)
The designated recyclable material items to be collected by the Hazleton City Authority from City residential dwellings.
(2)
The method of source separation and storage.
(3)
The manner of preparation for collection, including but not limited to the type of container to be used and manner of placement at curbside.
(4)
The separation, collection and composting of leaf waste.
(5)
Separation, storage and collection of recyclables by commercial, institutional and municipal establishments and community activities.
(6)
Separation, storage and collection of recyclables by multifamily housing properties.
(7)
A sustained public information and educational program.
[1]
Editor's Note: See 53 P.S. § 4000.1501(e).
B.
The City of Hazleton and/or the Hazleton City Authority may, from time to time, make changes in the program regulations as it deems necessary. Subsequent changes in the program may be made by resolution of the City of Hazleton and/or the Hazleton City Authority, with public notice and notification of all affected persons to be accomplished prior to the effective date of such changes.