The purpose of this article is to facilitate the disposal of solid waste generated within the City in the most economical and environmentally accepted manner and reduce the total amount of solid waste disposed of by the City. This program is further designed to protect the health and safety of the residents of the City.
[Adopted 6-20-1990 by Ord. No. 6-1990 (Art. 926 of the 1979 Codified Ordinances)]
[Amended 6-25-2014 by Ord. No. 2-2014]
As used in this article, the following terms shall have the meanings indicated:
Means all used aluminum cans which previously contained food and beverages.
Means the scheduled collection and transport of recyclable material placed at the curbline by residences.
Mean all empty bottles and jars made of clear, green or blue glass and porcelain and ceramic products.
Means cartons, aluminum and metal cans, #1 and #1 plastic bottles and jugs caps removed, newspaper, magazines, telephone books, brochures and inserts (no bags, do not tie and bundle), corrugated cardboard and paper bags (flattened), greeting cards, regular and junk mail, cardboard beverage carriers, glass bottles and jars, file folders, office paper, loose metal jar lids and steel bottle caps, paper towel rolls, and paperback books or similar recyclable items.
There is hereby established a program for the mandatory separation of recyclable materials from solid waste by persons residing in residential dwellings for which the City of Chester, hereinafter referred to as the "City," provides municipal waste collection services.
[Amended 6-25-2014 by Ord. No. 2-2014]
A.
Residential.
(1)
It shall be the responsibility of all residents to separate recyclables from all residential solid waste and place them out for collection in the following manner:
(a)
Cartons, aluminum and metal cans, #1 and #2 plastic bottles and jugs (caps removed), newspapers, magazines, telephone books, brochures and inserts (no bags, do not tie and bundle), corrugated cardboard and paper bags (flattened), greeting cards, regular and junk mail, cardboard beverage carriers, glass bottles and jars, file folders, office paper, loose metal jar lids and steel bottle caps, paper towel rolls, and paperback books or similar recyclable items shall prepare these items for collection by securely placing them in a receptacle provided by the City and keeping such products dry until collection.
(b)
Prior to placement for collection and removal, glass and aluminum recyclables shall be cleaned, and all contents shall be removed therefrom. Caps shall be removed from glass recyclables.
(c)
Recyclables for collection shall be placed in the containers provided by the City and placed at the curbside on the date prescribed by the City.
(d)
Recycles shall not be placed in the same container as or otherwise mixed with other forms of solid waste.
(2)
It shall be unlawful for a person to collect from a resident and dispose of solid waste which consists of recyclables combined with other forms of solid waste.
(3)
The City is empowered to designate the day of the week on which recyclables shall be collected and removed from a particular area. Recyclables shall not be collected or removed from any area except on the day of the week designated by the City.
B.
Multifamily dwellings. The owner, landlord or an agent of any owner or landlord of multifamily dwelling whose solid waste is not collected by the City shall establish a collection system for recyclables at each property. The recyclable materials for such multifamily dwellings are cartons, aluminum and metal cans, #1 and #2 plastic bottles and jugs (caps removed), newspapers, magazines, telephone books, brochures and inserts (no bags, do not tie and bundle), corrugated cardboard and paper bags (flattened), greeting cards, regular and junk mail, cardboard beverage carriers, glass bottles and jars, file folders, office paper, loose metal jar lids and steel bottle caps, paper towel rolls, and paperback books or similar recyclable items. The collection system must contain suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability for the collection system.
C.
Commercial establishments. Commercial and institutional establishments shall separate and store, until collection, cartons, aluminum and metal cans #1 and #2 plastic bottles and jugs (caps removed), newspapers, magazines, telephone books, brochures and inserts (no bags, do not tie and bundle), corrugated cardboard and paper bags (flattened), greeting cards, regular and junk mail, cardboard beverage carriers, glass bottles and jars, file folders, office paper, loose metal jar lids and steel bottle caps, paper towel rolls, and paperback books or similar recyclable items. These establishments must arrange for the transfer of the materials to a recycle system and, if that system is separate from that used in the City for residential dwellings, the establishments shall annually provide to the City evidence of such arrangement and documentation of the total number of tons recycled.
A.
It shall be a violation of this article for any person(s) unauthorized by the City to collect or pick up or cause to be collected or picked up any such recyclable material. Each such collection in violation hereof shall constitute a distinct offense punishable as hereinafter provided. Ownership of recyclable set out at curbside for collection shall thereupon vest in the City.
B.
Any person desiring to become authorized to collect recyclable materials in the City shall file a request with the City for a permit to collect the same.
C.
Such request shall include the following items:
(1)
A plan designating the place or places in which the recyclable materials are to be collected and the days of the week such recyclables are to be collected.
(2)
The place to which the recyclables are to be sold.
(3)
A copy of the contract from the owner of the premises giving the applicant the right to collect such recyclables.
(4)
A fee of $25 per contract shall be charged for the issuance of the permit. The permit shall expire one year from the date of issuance.
The Director of the Department of Streets and Public Improvements or his/her designee is authorized and directed to enforce this article. Such Director is hereby authorized and directed to establish and promulgate reasonable rules and regulations for the collection of recyclable materials in accordance with the terms hereof and any other matter required to implement this article, which rules and regulations shall be approved by Council. The Director of Streets and Public Improvements may change, modify, repeal or amend any portion of such rules and regulations at any time, with the approval of Council.
The City may enter in an agreement or agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable material from the curbside.
[Amended 6-15-2017 by Ord. No. 2-2017]
Upon violation of this article the City may take any of the following actions:
A.
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives or any Police officer may cause a printed ticket for such violation to be handed to the violator, left upon or affixed to the premises where such violation occurred, or mailed to the address of the property in question or the address to which tax bills are mailed for such property by certified mail. The ticket shall bear the date, the time and the nature of the violation, the fine prescribed therefor pursuant to Subsection A(2) below, and a reference to this chapter.
(1)
Whoever receives such a ticket may within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of such ticket. Payment shall be made as directed on the ticket and the violator shall be furnished with an official receipt therefor, which shall constitute an admission of the violation charged but shall not excuse a continuing violation.
(2)
Ticketed penalties for violations shall be in the amount of $100, provided however, that the City Council may revise such ticket penalties amount by resolution from time to time.
(3)
When a person has been notified in the manner set forth in this chapter and does not avail himself or herself of the penalty provision of Subsection A hereof, a citation or summons shall be issued for such violation. Upon conviction on such summons or citation before the Magisterial District Justice, such person shall be subject to a penalty of not more than $1,000 and costs, and in default of payment thereof, imprisonment for a period of not more than 30 days. If the person named in the citation or summons fails to appear on the date specified therein, a warrant may be issued for his or her arrest.
B.
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives may cause the conditions in violation of this article to be removed or abated by employees of the City or by any independent contractor authorized by the City. Thereafter, the owners, tenant, occupant or agent of the property shall be liable for the cost of such removal or abatement, plus an administrative charge equal to 15% of such costs, in the manner of a municipal lien.
C.
In addition to the penalty provided above, the City shall have all other remedies available at law and in equity.