[Adopted 3-4-1991 by Ord.
No. 5-1991]
This article shall be known and may be cited as the "Mandatory
Recycling Law of the Borough of Swoyersville."
It is the goal and purpose of this article to effectuate the
Borough's compliance with Act 101[1] by facilitating efficient disposal of solid waste generated
within the Borough in the most economical, environmentally acceptable
manner, and also to reduce the total volume of solid waste disposed
of by the Borough. This article is also designed, in accordance with
the Borough's police powers, to protect the health, welfare,
and safety of the residents of this Borough.
[1]
Editor's Note: Refers to the Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S. § 4000.101 et seq.
For the purposes of this article, the following words and phrases
shall have the meanings given to them in this section, unless the
context clearly indicates otherwise:
Any entity in business for profit and which has not previously
been afforded municipal waste collection.
Events sponsored in whole or in part by a municipality, or
conducted within a municipality and sponsored privately, which include,
but are not limited to, fairs, bazaars, socials, picnics and organized
sporting events that will be attended by 200 or more individuals per
day.
[Added 10-1-2012 by Ord.
No. 12-2012]
Paper which has been shaped or wrinkled into parallel grooves
and ridges, including cardboard, wrapping and packaging paper.
A private garbage hauler engaged by a commercial establishment.
An establishment engaged in service, including, but not limited
to, hospitals, nursing homes, orphanages, schools and universities.
[Added 10-1-2012 by Ord.
No. 12-2012]
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
[Added 10-1-2012 by Ord.
No. 12-2012]
Properties having four or more dwelling units per structure.
Owners of multifamily housing properties shall provide for a collection
system for recyclable materials at each property location. 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. Owners, landlords and agents of owners and
landlords who comply with this act shall not be liable for the noncompliance
of occupants of their buildings. The materials required to be recycled
would be the same as the residential requirements.
[Added 10-1-2012 by Ord.
No. 12-2012]
Public facilities operated by Swoyersville Borough and other
governmental and quasi-governmental authorities.
[Added 10-1-2012 by Ord.
No. 12-2012]
A cheap low-grade paper made mainly from wood pulp and used
chiefly for newspapers.
Any individual or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this article prescribing a fine, imprisonment or penalty, or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or other legal entity having
officers and directors.
Materials which are separated from the remainder of municipal
waste in compliance with Section 1501 of Act 101.[1]
A person who lives in a residential structure.
Any noncommercial building used for family dwelling and which
contains no more than four dwelling units.
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess by the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substances and those in gaseous form. Such waste is more
commonly defined as "municipal waste" under rules and regulations
promulgated by the Pennsylvania Department of Environmental Protection.
The waste shall include but is not limited to garbage, sludge, rubbish,
ashes, street cleaning, dead animals, offal, abandoned vehicles, agricultural
waste.
[1]
Editor's Note: See 53 P.S. § 4000.1501.
A.
In accordance with Section 1501 of Act 101, 53 P.S. § 4000.1501,
the following items are hereby declared as the designated residential
recyclable materials:
(1)
Newsprint, which until such time as may be prohibited by the recycling
facility, may also include glossy advertising inserts;
(2)
Aluminum cans;
(3)
Clear glass;
(4)
Colored glass;
(5)
Certain types of plastics.
(6)
Commingled.
[Added 10-1-2012 by Ord.
No. 12-2012]
(7)
Cardboard.
[Added 10-1-2012 by Ord.
No. 12-2012]
(8)
Leaf waste.
[Added 10-1-2012 by Ord.
No. 12-2012]
(9)
Grass clippings.
[Added 10-1-2012 by Ord.
No. 12-2012]
B.
Each resident must establish within the household a program for effective
source separation of the aforementioned recyclable materials. Said
recyclable materials must be kept separate from other solid waste
and shall be disposed of as hereinafter set forth. Further, all of
the designated recyclable materials must be stored in an area free
from exposure to the elements and shall be properly secured so as
to be safe from vermin.
C.
The Borough shall provide each residential dwelling one recyclable
materials container, which container must be utilized by the resident
when placing the aforementioned recyclables at curbside for collection.
The container shall remain the property of the Borough, and the recyclables
shall become the property of the Borough when placed at curbside for
collection.
D.
The Department of Public Works of the Borough shall establish a schedule
for collection of the recyclable materials which conforms to the requirements
of Section 1501(d) of Act 101. Suitable public notice of said schedule
of collection shall be made via newspaper advertisements. Collections
shall be conducted once per week.
[Amended 10-1-2012 by Ord. No. 12-2012]
E.
Hauler other than Borough.
[Added 6-1-1992 by Ord.
No. 9-1992]
(1)
In the event that any resident of the Borough of Swoyersville shall
cause to employ any private garbage hauler or any other hauler, individual,
partnership or corporation other than the Borough of Swoyersville
for the purpose of refuse removal, said resident shall be responsible
for, at the expense of the resident, removal of all recyclable materials
as defined in this article as well as for collection of remaining
solid waste. The said private garbage hauler shall comply with all
governing statutes for proper disposal of same.
(2)
Any person who violates any provision of this amendment to the existing ordinance, except as stated in § 68-14, shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs of prosecution, and in default of payment of such fine and costs to undergo imprisonment for a period of not more than 30 days. Further, each day for which a violation occurs and each violation of any provision of this article shall constitute a separate offense.
(3)
The provisions of this amendment to the existing ordinance are hereby
declared to be severable. If any section, sentence, clause or phrase
hereof is declared invalid by a court of competent jurisdiction, the
remaining provisions of this article shall be unaffected thereby and
shall remain in full force and effect.
A.
In accordance with Section 1501 of Act 101, the following are designated
as the designated commercial, municipal, community activities and
institutional establishments recycling materials.
[Amended 10-1-2012 by Ord. No. 12-2012]
B.
Each commercial establishment shall develop an effective program
for the source separation of the aforementioned recyclables. These
materials must be kept separate from other solid waste. Further, the
recyclable materials must be stored in an area free from exposure
to the elements and properly secured, so as to be safe from vermin.
C.
Each commercial establishment shall arrange with an independent contractor
for private collection of the aforementioned recyclables, as well
as for collection of remaining solid waste, which independent contractor
shall comply with all governing statutes for proper recycling of same.
[Amended 10-1-2012 by Ord. No. 12-2012]
D.
Any commercial establishment which seeks exemption from the requirements
of this article on the basis that it has otherwise provided for the
recycling of the designated recyclable materials shall report no later
than January 15 of each year to the Borough the total number of tons
recycled, in compliance with Section 1501(c)(1)(iii) of Act 101.
Any resident wishing to dispose of a lead acid battery shall
deliver same to an automotive battery retailer or wholesaler, or to
a secondary lead smelter permitted by the United States Environmental
Protection Agency, or to an authorized recycler, as required by Section
1510 of Act 101. No other form of disposal shall be lawful.
[Amended 10-1-2012 by Ord. No. 12-2012]
Leaves, garden residues, shrubbery and tree trimmings, and similar
material, but not including grass clippings, shall be separated from
other municipal waste generated by residents and shall be placed at
curbside in accordance with the collection schedule adopted by the
Borough. Said waste shall be placed at curbside separately in a disposable
corrugated container not to exceed 32 gallons.
Upon placement at curbside of the container supplied by the
Borough, as hereinbefore mentioned, all recyclables shall become the
property of the Borough, whose responsibility it shall be to dispose
of the recyclables in conformity with Act 101. No person or persons
other than the Department of Public Works or its duly authorized agents
may collect and dispose of recyclables placed at curbside. Violation
of this section shall be considered as criminal theft or scattering
rubbish under the Pennsylvania Crimes Code, depending upon the severity
of the violation, and may be prosecuted in accordance with existing
law.
A.
It shall be unlawful for any person to dispose of the materials designated
herein as recyclables with regular municipal waste. The Department
of Public Works and its designated agents are hereby authorized to
regularly inspect all municipal waste collected for violations of
this article.
The Borough, if it deems it appropriate, may enter into an agreement
with any private firm for the collection of recyclables, pursuant
to Section 1501(e)(1)(ii) of Act 101.
A.
Any person who violates any provision of this article, except as hereinbefore stated in § 68-14, shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs of prosecution, and in default of payment of such fine and costs to undergo imprisonment for a period of not more than 30 days. Further, each day for which a violation occurs and each violation of any provision of this article shall constitute a separate offense.
B.
Swoyersville
Borough, mandated by Act 101 to provide a recycling program, hereby
requires all residents to have recycling service through Swoyersville
Borough.
[Amended 10-1-2012 by Ord. No. 12-2012]
The provisions of this article are hereby declared to be severable.
If any section, sentence, clause or phrase hereof is declared invalid
by a court of competent jurisdiction, the remaining provisions of
this article shall be unaffected thereby and shall remain in full
force and effect.
