[Ord. 614, 8/5/1991; as amended by Ord. 679, 5/3/1999]
This Part shall be known as the “Selinsgrove Borough Curbside
Collection Ordinance.”
[Ord. 614, 8/5/1991]
This Part is adopted in conformance with and pursuant to authority
granted by the Municipal Waste Planning, Recycling and Waste Reduction
Act, 53 P.S. §4000.101 et seq., as amended,
and by §§1006 and 1202(5), (8) of the Borough Code, 53 P.S.
§§46006 and 46202(5), (8), as amended.
[Ord. 614, 8/5/1991]
This Part is enacted to regulate the disposal of certain materials,
namely, for residential establishments, clear glass, colored glass,
aluminum and, if not composted, leaf waste and, for commercial, municipal
or institutional establishments and community activities, high-grade
office paper, aluminum, corrugated paper and leaf waste, by requiring
persons in the Borough to recycle these materials when intended for
disposal. This regulation is consistent with the Solid Waste Management
Act and in accordance with the policies stated in the Municipal Waste
Planning, Recycling and Waste Reduction Act 53 P.S. §4000.101 et seq. Those policies include the notion of removing certain
materials from the municipal waste stream that is, recycling materials
such as those mentioned above to decrease the flow of solid waste
to municipal waste landfills, aid in the conservation and recovery
of valuable resources and increase the supply of reusable materials
for industries and for other economic and environmental reasons. To
ensure that the recycling required under this Part is effective, this
Part also provides for penalties to persons violating it.
[Ord. 614, 8/5/1991]
Under the Municipal Waste Planning, Recycling and Waste Reduction
Act, 53 P.S. §4000.101 et seq., the General
Assembly has required the Borough to establish and implement a source-separation
and collection program for recyclable materials in accordance with
that Act. Following this law, the Borough has established and implemented
such a program, of which this Part is a part.
[Ord. 614, 8/5/1991]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this Part shall be as follows:
ALUMINUM
Any object made entirely of aluminum, including cans so labeled
by the manufacturer, aluminum windows, frames and sashes and aluminum
foil.
BOROUGH
Selinsgrove Borough, Snyder County, Pennsylvania.
CLEAR GLASS
All products made from silica or sand, soda ash and limestone,
which products are clear and used for packaging or bottling, and all
other material commonly known as “clear glass,” excluding
blue and flat glass commonly known as “window glass.”
COLORED GLASS
All products made from silica or sand, soda ash and limestone,
which products are colored and used for packaging or bottling, and
all other material commonly known as “colored glass,”
excluding blue and flat glass commonly known as “window glass.”
CORRUGATED PAPER
Heavy paper with alternating ridges and grooves and the objects
made thereof.
COUNCIL
The Borough Council of the Borough.
DISPOSE, DISPOSAL
To deposit, inject, dump, spill, leak or place into or on
land or water for the purpose of discarding or to place in a manner
for eventual deposit, injection, dumping, spilling, leaking or placement
into or on land or water for the purpose of discarding.
HIGH-GRADE OFFICE PAPER
High-grade, machine finished paper used by commercial, municipal
or institutional establishments and in community activities, including
letters, envelopes, ledger paper, bond paper or computer paper. The
term does not include paper used in newspapers, books, glossy magazines,
cartons, boxes and bags, wrapping paper or packaging paper.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but excluding grass clippings.
PERSON
Any natural individual, partnership, association, corporation
or other group or entity which is the subject of legal rights and
duties. Whenever used in any clause prescribing or imposing a penalty,
“person,” when applied to firms, partnerships or associations,
shall mean the partners or members thereof, and when applied to corporations,
the officers thereof.
RECYCLABLE, RECYCLABLE ITEM
For residential establishments, clear glass, colored glass,
aluminum and, if not composted, leaf waste and, for commercial, municipal
or institutional establishments and community activities, high-grade
office paper, aluminum, corrugated paper and leaf waste.
RECYCLE, RECYCLING
To separate, collect and recover certain types of waste which
would otherwise be disposed.
WASTE
A thing or material discarded as useless or unwanted by the
person discarding it.
[Ord. 614, 8/5/1991]
No person shall dispose of any clear glass, colored glass, aluminum
or, if not composted, leaf waste from any residential establishment
in the Borough or any high-grade office paper, aluminum, corrugated
paper or leaf waste from any commercial, municipal or institutional
establishment or from any community activity in the Borough but shall
instead recycle these items, when intended for disposal, through the
recycling program of the Borough.
[Ord. 614, 8/5/1991]
Any commercial, municipal or institutional establishment that
annually provides written documentation to the Borough of the total
number of tons of recyclables it recycles through a program other
than that of the Borough shall be exempt from the recycling program
of the Borough.
[Ord. 614, 8/5/1991]
All persons in the Borough recycling recyclable items shall
place the separated and contained items at curbside for collection
by the Borough during times and under rules and regulations designated
by the Borough.
[Ord. 614, 8/5/1991; as added by Ord. 708, 12/2/2002; and amended by Ord.
825, 10/3/2016]
A per-quarter fee of an amount as established, from time to
time, by resolution of Borough Council is imposed upon each residential
and commercial establishment within the Borough for use of the curbside
collection service established by this Part to help pay for its cost.
This fee must be paid whether or not the curbside collection service
is used by the establishment. An establishment shall be equivalent
to the dwelling unit that quarterly receives a water bill from the
Borough for water service, and the fee shall be billed quarterly with
that water bill. A bill for curbside collection services that is unpaid
after its due date shall be delinquent and shall be subject to a one-time
only penalty of 25% of the amount due. In order for the establishment
to cure the delinquency, the establishment must pay the delinquent
bill, together with the penalty. Failure to pay delinquent bills for
two quarters may result in a lien being imposed against the delinquent
establishment in the amount of the delinquent bills and penalties,
together with interest, attorney’s fees and court costs provided
for in the Pennsylvania Municipal Claim Law, 53 P.S. §7101
et seq. The procedure for imposition and schedule for the amount of attorney’s fee set forth in §
26-112 of Chapter
26, “Water,” shall apply hereto, which Section is incorporated herein by this reference. The Borough Council may from time to time, by duly adopted resolution, change the amount of the fee imposed here, which change in fee shall have full force and effect as a part of this Part.
[Ord. 614, 8/5/1991]
Nothing in this Part shall be deemed to impair the ownership
of recyclable items by the person who generated them unless and until
such items are placed at curbside for collection, at which time the
recyclable items shall become the property of the Borough or its authorized
agent.
[Ord. 614, 8/5/1991]
The Council from time to time may, by duly adopted resolution,
make further rules and regulations and impose fees and charges pertaining
to the recyclables and its recycling program, which rules, regulations,
fees and charges shall have full force and effect as part of this
Part.
[Ord. 614, 8/5/1991; as amended by Ord. 825, 10/3/2016]
Any person who violates any provision of this Part, which violations
include the disposal of a recyclable item and the failure to follow
the rules and regulations for separating recyclables and placing them
at curbside, shall, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000 plus costs and reasonable attorney fees incurred by the Borough
in enforcement proceedings and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this Part continues or each Section of this Part
which shall be found to have been violated shall constitute a separate
offense. Such fine or penalty shall be in addition to any other penalty
imposed by any other Section of this Part or by law.