Borough of Downingtown, PA Chapter 243 Solid Waste Collection and Recycling

[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 5-7-1997 by Ord. No. 97-3.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Housing standards — See Ch. 164.

Abandoned refrigerators — See Ch. 230.

[1] Editor's Note: This ordinance superseded former Ch. 243, Solid Waste Collection and Recycling, comprised of Art. I, General Provisions, adopted 3-13-1991 by Ord. No. 91-3, and Art. II, Fees, adopted 1-15-1986 by Ord. No. 86-2, as amended.

Article I General Provisions

§ 243-1 Title.

This chapter shall be known and may be cited as the "Solid Waste Collection and Recycling Ordinance."

§ 243-2 Definitions.

A. As used in this article, words in the singular include the plural, and those in the plural include the singular. Words in the present tense include the future tense. Words used in the masculine gender include the feminine gender and neuter.

B. Unless the context clearly requires to the contrary, the following words and phrases shall have the meanings hereinafter set forth:

ALUMINUM CANS

Empty, all-aluminum beverage and food containers.

ASHES

The residue from the burning of wood, coal, coke and other combustible materials for the purpose of heating and cooking.

AUTHORIZED COLLECTOR

A person, individual, partnership or corporation, or employer or agent thereof, authorized by the Borough to collect solid waste and/or recyclable materials from residential, commercial and institutional properties within the Borough.

BIMETALLIC CANS

Empty food and beverage containers consisting of steel and aluminum.

BOROUGH

The Borough of Downingtown, Chester County, Pennsylvania; Borough Council; Mayor; or its duly authorized representatives.

BULK SOLID WASTE

Large items of refuse, including but not limited to stoves, refrigerators, freezers, dehumidifiers, air conditioners, chairs, sofas, davenports, radios, televisions (picture tube must be neutralized to eliminate danger of implosion), mattresses, tables, rugs (cut and bound in sections not longer than four feet in length), lamps, dishwashers, sinks, toilets, tubs, hot-water heaters, cabinets, lawn furniture, clothes washers and dryers. It does not include any solid waste resulting from construction or demolition of buildings and other structures, including but not limited to wood, plaster, metals, asphaltic substances, bricks, block, concrete or any other similar items, or tree stumps and large tree limbs. Any bulk item containing Freon (i.e., refrigerators, freezers, dehumidifiers and air conditioners) shall be marked with certification that the Freon has been properly removed.

COLLECTOR

The person, individual, partnership, corporation, firm, agency or public body or employee or agent thereof, who is engaged in the collection and/or transportation of municipal solid waste and/or recyclable materials.

COMMERCIAL ESTABLISHMENT

Any commercial establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants and shopping centers. It shall also mean all industrial establishments engaged in manufacturing or processing, including but not limited to factories, mills and processing plants.

COMMINGLED COLLECTION

Placing out for collection all of the recyclable materials, as designated by the Borough Council, in the same curbside collection container for pick up by the Borough's contracted waste/recycling hauler.

COMMUNITY ACTIVITIES

Events sponsored by public or private agencies or individuals, including but not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.

COMPOST

The end product from bacterial action on organic materials, such as the aerobic or anaerobic decomposition of municipal solid waste.

COMPOSTABLE MATERIAL

Organic waste which is capable of undergoing composting.

COMPOSTING

A microbial degradation of organic waste to produce a relatively nuisance-free product of potential value as a soil conditioner.

CONTRACTOR

Any individual, partnership or corporation or any other legal entity whatsoever which is recognized by law as the subject of rights and duties with whom the Borough shall enter into a contract for the collection of refuse and bulk solid waste and/or recyclable materials. It shall include the officers and directors of any corporation or other legal entity having officers and directors.

CORRUGATED PAPER

Structural paper material with an inner core shaped in rigid parallel furrows and ridges.

CURBSIDE COLLECTION CONTAINER

The receptacle authorized by the Borough for the storage and collection of recyclable materials.

DISPOSAL FACILITY

A facility which processes or acts upon solid waste so as to dispose of the material, including but not limited to a composting facility, an incinerator, a resource recovery plant, a waste-to-energy facility and a sanitary landfill.

DROPOFF CENTER

A location established by the Borough or a private organization for the receipt and temporary storage of recyclable materials.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

ENVIRONMENTAL PROTECTION ACTS

The Solid Waste Management Act (35 P.S. §§ 6018.101 to 6018.1003), the Clean Streams Law (35 P.S. §§ 691.1 to 691.702), the Air Pollution Control Act (35 P.S. §§ 4001 to 4015), the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1 to 1396.31), the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §§ 3301 to 3326), the Dam Safety and Encroachments Act (32 P.S. §§ 693.1 to 693.27) and any other state or federal statutes relating to environmental protection or the protection of the public health, including statutes adopted or amended after the effective date of this chapter.

GARBAGE

Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. It does not include wastes from industrial processing or manufacturing of food products, bodies of dead animals or human or animal excrement (exclusive of disposable diapers).

GLASS CONTAINERS

Bottles and jars made of clear, green or brown glass. Excluded are plate glass, glass block, automotive glass, light bulbs, mirrors, blue glass, porcelain and ceramic products.

HIGH-GRADE OFFICE PAPER

All white paper, bond paper and computer paper used in residential, commercial, institutional and municipal establishments.

INFECTIOUS WASTE

The same meaning as defined in the Solid Waste Management Act (35 P.S. § 6018.103).

INSTITUTIONAL ESTABLISHMENTS

Those facilities that house or serve groups of people, such as hospitals, schools, churches, day-care centers, nursing homes and group homes.

LEAD ACID BATTERIES

All batteries that contain lead, and shall include but not be limited to automotive, truck and industrial batteries.

LEAF WASTE

Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings, but not to include grass clippings.

MULTIUNIT PARCEL

A parcel containing more than four units. A unit is defined as either a residential dwelling unit or commercial and/or institutional tenant space.

MUNICIPAL SOLID WASTE

Refuse, industrial, lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities.

NEWSPAPERS

Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest.

PADEP

The Pennsylvania Department of Environmental Protection.

PERSON

Any individual, firm, partnership, corporation, cooperative enterprise, trust, federal institution or agency, state institution or agency, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law and is subject to rights and duties.

PLASTIC CONTAINER

Post-consumer plastics recovered from products used and discarded by the public. Due to the large variety of types of plastics, the recycling regulations shall stipulate specific types of plastic which may be recycled.

PRIVATE COLLECTOR/HAULER

A collector or contractor awarded a contract to provide waste collection and waste hauling and disposal services to residential, municipal, commercial and/or institutional properties within the Borough on a private contract basis, as approved by the Borough.

PROCESSING FACILITY

A plant, establishment, set of equipment or other operation which processes, handles or otherwise modifies the materials provided to it.

RECYCLABLE MATERIALS

Those materials which may be processed or refabricated for reuse and which are specified by the Borough for separation from municipal solid waste. Such materials may include but shall not be limited to materials listed in Section 1501 of Act 101.[1]

RECYCLING

The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as refuse, or the mechanized separation and treatment of refuse (other than through combustion), and the creation and recovery of reusable materials other than as fuel for the operation of energy.

RECYCLING CENTER

A facility established to receive, process, store, handle and ship recyclable materials.

REFUSE

All solid wastes, and shall include but not be limited to ashes, garbage, rubbish and bulk waste; except that refuse shall specifically exclude human body wastes (exclusive of disposable diapers) and hazardous waste, as defined by the Solid Waste Management Act (35 P.S. § 6018.103).

REFUSE CONTAINER

A watertight receptacle in which refuse is placed for storage and collection, including a can, box, bucket, dumpster or plastic bag intended for that use.

RESIDENCE

A one- or two-family dwelling, residential condominium and multifamily dwelling residential complex of four dwelling units or fewer per structure.

ROOMING HOUSE

Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, sister or brother, or those standing in such relationships, of the owner or operator.

RUBBISH

Solid waste, exclusive of garbage (e.g., nonrecyclable glass, metal, paper, plastic and noncompostable plant material, wood or nonputrescible solid waste).

SCAVENGING

Uncontrolled or unauthorized removal of solid waste and recyclable materials.

SOLID WASTE

Waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.

SOURCE-SEPARATED RECYCLABLE MATERIAL

Material that is separated from municipal solid waste at the point of origin for the purpose of recycling. The term is limited to recyclable materials listed in Section 1501 of Act 101.[2]

STEEL CANS

Empty steel or tin-coated steel food or beverage containers.

STREET CONTAINER

Public refuse and recycling containers located in parks and other Borough property and on the sidewalks throughout the Borough.

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 shall not include source-separated recyclable materials or materials approved by PADEP for beneficial use.

[1] Editor's Note: See 53 P.S. § 4000.1501.

[2] Editor's Note: See 53 P.S. § 4000.1501.

§ 243-3 Administration.

A. Establishing regulations. The collection of municipal solid waste and recyclable materials by authorized collectors and the preparation for collection of municipal solid waste and recyclable materials by property owners, landlords and their agents, tenants and any other occupants of premises within the Borough shall be made in compliance with the regulations adopted by Borough Council to carry out the intent and purpose of this chapter. Such regulations shall be approved by resolution of the Borough Council and, when so approved, shall have the same force and effect as the provisions of this chapter. Said regulations may be amended, modified or repealed by resolution of the Borough Council from time to time. The Code Enforcement Officer shall enforce the provisions of this chapter. The Police Department may assist the Code Enforcement Officer in the enforcement of the anti-scavenging provisions.

B. Licensing of collectors. Every person desiring to engage in, to continue to engage in or hereafter to begin to engage in the business of collecting, removing or hauling municipal solid waste and/or recyclable material from any property within the Borough shall first register with the Borough. Such registration shall be for a period of one year beginning January 1 of the year in which the registration occurs. All persons shall register by January 31 of each year. All licenses shall be issued for the calendar year or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year.

C. Standards for collection vehicles. The collection equipment and transportation vehicles used for the collection of municipal solid waste shall be of the closed metal body type with an automatic compactor unit. Said vehicles shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania. All such vehicles shall be specifically designed to prevent leakage of any liquid or fluids. Other types of vehicles may be used only for the collection of recyclable materials, bulk solid waste and collecting and transporting dumpsters, provided that such items are separately collected in accordance with other provisions of this chapter and the regulations adopted hereunder. The municipal solid waste and recyclables so collected shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vermin or the creation of other nuisances. All collection equipment and transportation vehicles shall be kept in a clean and sanitary condition.

D. Collectors' insurance requirements. No person shall be entitled to register with the Borough as a collector unless such collector can show certificates of insurance covering public liability for both bodily injury and property damage, owner's and contractor's protective insurance and automobile insurance with respect to personal injury and property damage. Such insurance shall be in amounts that shall be established by resolution of the Borough Council. Each and every policy of insurance required in this subsection shall carry with it an endorsement to the effect that the insurance carrier will convey to the Borough, by certified mail, written notice of any modifications, alterations or cancellation of any such policy or policies or the terms thereof. The above-mentioned written notice shall be mailed to the Borough at least 10 days prior to the effective date of any such modification, alteration or cancellation.

E. Application and fee for collector's license. Application forms for a collector's license shall be printed by the Borough and made available at the Borough Office. At the time of registration, the collector shall pay to the Borough the sum provided in the regulations adopted hereunder established by resolution of the Borough Council.

F. Application requirements for collector's license.

(1) Every person who shall apply for a license under this section shall, in applying therefor, state the type or types of refuse or recyclable material that will be collected, the manner and place of disposal for all such refuse and the location of the recycling center for all collected materials under such license. Said applicant shall describe the type or types of vehicles to be used for collection, listing the make, model, year and license plate number; include a certificate of insurance as aforementioned; and state the name of the company, address, telephone number and the contact person responsible for compliance with this chapter. No such license shall be granted if the vehicle and/or manner and place of disposal of such refuse and/or recycling center shall not conform in every respect to the requirements of this chapter.

(2) Authorized collectors shall not be required to collect refuse from any residence where it is obvious that recyclable materials have not been separated pursuant to the provisions of this chapter and the regulations adopted hereunder.

G. Antiscavenging provisions. Nothing in this chapter shall be deemed to impair the ownership of separated recyclable materials by the person who generates such material unless and until such materials are placed at curbside or similar collection point for collection by the Borough and/or its contractor. At that point, ownership of refuse and recyclable materials set out for collection shall be vested in the Borough. The person who generates such material shall be responsible for ensuring that all material placed out for collection is kept in the proper container(s) and/or does not create a nuisance up until the time it is removed by the Borough and/or its contractor. It shall be a violation of this chapter for any person, other than the occupants of the premises on which the refuse receptacles or recyclable material is stored, or the Borough and/or its contractor, to handle, take, remove, collect or pick up or cause to be collected or picked up any such recyclable material or refuse set out for collection. This shall include street refuse and recycling containers. Each such occurrence in violation hereof from one or more locations shall constitute a separate and distinct offense. Unless licensed by the Borough to collect recyclable material and/or refuse within the Borough or authorized by the generator of such material, any person handling, taking, removing, collecting or picking up or causing to be collected or picked up any material placed at the curb or similar collection point shall be considered to be scavenging and shall be subject to penalties as set forth in this chapter. Any person may donate or sell recyclable material to another person, provided that the person receiving the recyclable material does not collect the donated or sold material from the curbside or similar collection point on or the day before the scheduled day of collection for recyclable materials by the Borough and/or its contractor.

H. Performance grant money. Pursuant to Act 101, Section 904,[1] private or nonprofit enterprises may not directly receive recycling program performance grants from PADEP but may receive grant money through a written agreement with the Borough. The Borough may include the materials generated at commercial, municipal and institutional recycling operations in its recycling program. Said agreement shall specify the arrangement for the pass-through of any performance grant funds to the establishment.

[1] Editor's Note: See 53 P.S. § 4000.904.

I. Littering by collectors. No collector shall permit or allow any outfallings from the conveyance of refuse or recyclable material to lie upon any street, alley, sidewalk or other public area or upon any private property in the Borough.

J. Pickup by unlicensed collector. No person shall permit any unlicensed collector to take any refuse or recyclable material from premises owned or occupied by him.

K. Collection and disposal of refuse by owners is prohibited except as otherwise authorized by the Borough Council. Refer to § 243-16 for an enumeration of authorized exclusions.

L. Public information. Pursuant to Act 101, Section 1501(d),[2] the Borough shall establish a comprehensive and sustained public information and educational program concerning the recycling program features and requirements. At least 30 days prior to the initiation of the recycling program and at least once every six months thereafter, the Borough shall notify all persons occupying residential, commercial, institutional and municipal premises within the Borough of the requirements of this chapter. The Borough, in its discretion as it deems necessary and appropriate, may place an advertisement in a newspaper circulating in the Borough, post a notice in a public place where public notices are customarily posted, include a notice with other official notifications periodically mailed to property owners and residents or utilize any combination of the foregoing.

[2] Editor's Note: See 53 P.S. § 4000.1501(d).

§ 243-4 Preparation of refuse.

[Amended 1-16-2013 by Ord. No. 2013-02]

A. Gargage. All garbage shall drained of liquid before being deposited for collection.

B. Tree trimmings. Tree trimmings and branches will be collected by the Public Works Department by appointment only. Christmas trees shall be collected in accordance with the regulations adopted hereunder by resolution of the Borough Council.

C. Specifications for refuse containers.

(1) No person shall use as a refuse container any receptacle that does not meet the specifications of the regulations adopted hereunder by resolution of the Borough Council. Each reusable refuse container shall have handles for lifting. All refuse containers shall be maintained in good condition with tight-fitting lids. Dumpsters are exempt from the size and weight specifications for receptacles.

(2) Each dumpster shall have a lid and/or door which completely covers the opening to the dumpster. All lids and/or doors shall be kept in good working condition and shall be kept closed at all times, except when a person is in the act of placing material in the dumpster and/or the dumpster is being emptied by an authorized collector. All drain holes on dumpsters shall be kept closed, except when being cleaned. If the dumpster is equipped with wheels, they shall be properly maintained so the dumpster can be stored safely and/or moved for collection. Roll-off type dumpsters with a capacity of 10 cubic yards or greater shall not be required to have a lid.

(3) Any receptacle which does not conform to the specifications herein adopted or which may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof or the general public shall be promptly replaced upon notice. Failure to comply may result in refusal to collect the contents thereof or the removal of the defective receptacle as refuse.

D. Hours for placing refuse out for collection. No refuse, refuse containers or bulk solid waste shall be set out for collection prior to 6:00 p.m. on the day preceding collection day, and no refuse, refuse containers or bulk solid waste shall remain out after 10:00 p.m. on the day of collection, except dumpsters.

E. Number of refuse containers. It is the intent of this chapter that a reasonable accumulation of refuse for each residence will be collected each collection period. The frequency of collection and the number of refuse containers allowed from each dwelling unit shall be established by resolution of the Borough Council.

F. Borough's right to deny collection.

(1) The Borough or its contractor may refuse to collect any refuse which does not conform to the provisions of this chapter and regulations adopted hereunder. It shall be the responsibility of the generators of the refuse or the owners of the premises thereof to arrange for the proper disposal of any refuse not collected.

(2) Highly flammable or explosive materials shall not be collected by the Borough and/or its contractor.

(3) Tires shall not be collected by the Borough and/or its contractor, unless the Borough has been notified, in advance, and the requirements established by resolution of the Borough Council pertaining to collection of tires have been met.

G. Infectious waste. No infectious waste will be collected by the Borough and/or its contractor. Infectious waste shall be stored, transported and disposed of in accordance with the appropriate federal, state and local laws dealing with infectious waste.

H. Littering.

(1) No person shall place any refuse on any street, sidewalk, alley or other public area or upon any private property, whether owned by such person or not, within the Borough, except if it is stored in proper receptacles for collection. No person shall throw or deposit any refuse in any stream or other body of water.

(2) Any unauthorized accumulation of refuse, hazardous waste and/or human body waste on any premises is hereby declared to be a nuisance and is hereby prohibited.

I. Duty and responsibility of owners and occupants; maintaining property/premises in accordance with Solid Waste Ordinance. Any person who is the owner or occupant of any property/premises within the Borough of Downingtown shall be and is hereby required to maintain the property/premises and conduct preparation of refuse in accordance with this § 243-4A through H.

§ 243-5 Preparation of recyclable materials.

A. Residential recycling. The following provisions apply to the separation and collection of recyclable materials at residences:

(1) Type of material to recycle. The Borough shall designate at least three types of recyclable materials to be source-separated from municipal waste generated at all residences. The Borough Council shall designate by resolution adopted hereunder the materials to be recycled.

(2) Leaf waste. Leaf waste must be separated from other municipal waste generated at all residences until collection, unless those persons have otherwise provided for the composting of leaf waste. The Borough will advertise the schedule for leaf waste collection in a newspaper with a daily circulation. The Borough Council shall designate by resolution adopted hereunder the method in which to place leaf waste out for collection. Grass clippings are not recyclable and shall be disposed of as refuse.

(a) In accordance with the provisions of Act 101, it shall be unlawful for any person to burn leaf and yard waste, or any other recyclable material, for the purpose of disposal.

[Added 1-16-2013 by Ord. No. 2013-02]

(3) Recycling containers. Recyclable materials shall be placed at the same location on the curb or similar point of collection designated for refuse containers, in accordance with the provision of this chapter and the resolution adopted hereunder. Recyclable materials shall be placed in separate, reusable curbside collection containers which clearly identify the contents as recyclable materials; except that newspaper and/or corrugated paper may be tied in bundles or placed in paper bags, not to exceed 50 pounds. Such curbside collection containers shall be provided by the Borough in accordance with the resolution of Council adopted hereunder.

(4) Hours for placing recyclables out for collection. No recycling materials or curbside collection containers shall be set out for collection prior to 6:00 p.m. on the day preceding collection, and no recycling material or curbside collection containers shall remain out after 10:00 p.m. on the day of collection.

(5) Frequency of collection. Recyclable materials shall be collected at least one day each month by the Borough and/or its contractor. The frequency and schedule of collection shall be established by resolution of the Borough Council. Leaf waste shall be collected by the Borough and/or its contractor in accordance with the schedule established annually by the Borough.

(6) Proper use of containers. No person shall place municipal solid waste in containers used for the separation and collection of recyclables. No person shall place recyclable materials in containers used for the separation and collection of municipal solid waste.

B. Multiunit parcel and rooming house recycling. The following provisions apply to the separation and collection of recyclable materials at multiunit parcels and rooming houses:

(1) Type of materials to recycle at multiunit parcels and rooming houses. The Borough shall designate, in addition to leaf waste, at least three types of recyclable materials to be source-separated from municipal solid waste. The Borough Council shall establish by resolution the materials to be recycled. Collection for those materials other than leaf waste must be provided for at least one day each month.

(2) Leaf waste. Leaf waste must be separated from all other wastes and composted or placed at the designated location for collection.

(3) Landlord/owner requirements. Owners, landlords or their agents shall establish a collection system for recyclable materials at each property. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants specifying the use and availability of the collection system. Containers used to store recyclable material for collection by the Borough and/or its contractor shall be approved by the Borough.

(4) Recycling notice. There shall be written instructions to inform all employees and residents of the recycling program. Such instructions shall include, at a minimum, instructions as to what materials are to be recycled, how the materials are to be prepared and how to use the collection system. Receptacles shall be clearly marked with the recycling symbol and the type of recyclable material to be placed in the receptacle.

(5) Fire Code. Recyclable materials shall be stored in accordance with State and Borough Fire Code regulations prior to collection.

(6) Nonliability for tenants' acts. Owners, landlords and their agents who comply with the provisions of this chapter and Act 101[1] shall not be liable for the noncompliance of occupants of their buildings.

[1] Editor's Note: See 53 P.S. § 4000.101 et seq.

C. Commercial and institutional recycling. The following provisions shall apply to the separation and collection of materials at municipal, commercial and institutional establishments and community activities:

(1) Materials to recycle. Recyclable materials must be source-separated from municipal waste and properly stored until collected. Materials to be separated shall include, at a minimum: high-grade office paper, aluminum, corrugated paper and leaf waste. The Borough may designate other materials deemed appropriate for recycling. The Borough Council shall designate by resolution any other recyclable materials to be recycled. Collection of materials other than leaf waste shall be provided at least one day each month. Containers used to store recyclable material for collection by the Borough and/or its contractor shall be approved by the Borough.

(2) Leaf waste. Leaf waste shall be separated from all other wastes and composted or placed at the designated location for collection.

(3) Community activities. Owners, operators or administrators of establishments and sponsors of community activities shall provide for collection, transportation, processing and marketing of recyclable materials.

(4) Containers at community activities. Recycling receptacles at community activities shall be clearly marked with the recycling symbol and shall indicate the type of recycling material to be placed in the receptacle. Signs shall be prominently displayed indicating the requirements of the recycling program.

(5) Reuse of recyclables in manufacturing. Commercial establishments which reuse recyclable materials as part of their manufacturing or processing operations shall be exempt from recycling those items being reused.

(6) Exemption from recycling provisions. Pursuant to Act 101, Section 1501(c)(1)(iii),[2] persons occupying commercial, municipal or institutional establishments may obtain an exemption from the Borough's recycling ordinance and regulations under the following conditions:

(a) If said person has otherwise provided for the recycling of high-grade office paper, aluminum, corrugated paper, leaf waste and other materials deemed appropriate by the Borough; and

(b) By submitting, at a minimum, an annual recycling report to the Borough. This report shall document the amount of municipal waste generated per year as well as the type and weight of materials recycled in the previous calendar year. Valid documentation shall include information from an end-use market, recycler or waste hauler which describes the type and weight of each recyclable material that was collected and marketed. Documentation may be in the form of one of the following:

[1] Copies of weight receipts or statements which consolidate such information.

[2] A report from the provider of recycling collection services which identifies the amount of each material collected and marketed. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its source-separated materials. Where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.

[3] A report from the provider of waste collection services that identifies the type and weight of each recyclable material collected and marketed in cases where recyclables are commingled with the establishment's waste. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of waste. Where materials from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.

[2] Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).

§ 243-6 Recycling in lieu of curbside collection.

The Borough may contract with an operator of a landfill or resource-recovery facility to provide recycling services in lieu of the curbside recycling program. The contract must ensure that at least 25% of the waste received is recycled. The economic and environmental impact of the proposed technology used for the recycling shall receive prior approval from the PADEP.

§ 243-7 Infectious waste.

The provisions of this chapter and the regulations set forth by resolution of the Borough Council pertaining to recycling shall not apply to materials that contain or come into contact with infectious waste. These materials shall be subject to disposal in accordance with federal, state and local laws.

§ 243-8 Recycling reports.

Pursuant to Act 101, Section 304(f),[1] the Borough shall require the following persons to submit a recycling report to the Borough, except that multiunit parcels, municipal, commercial and institutional establishments and community activities which have their recyclables collected by the Borough and/or its contractor shall be exempt from submitting a recycling report. The Borough and/or its contractor shall submit the required recycling report for those persons. The report shall describe the type and weight of the materials that were recycled during the period as set forth by resolution of the Borough Council.

A. The Borough's contractor.

B. Owners, landlords or agents of owners or landlords of multiunit parcels and rooming houses.

C. Owners, operators or administrators of municipal, commercial and institutional establishments.

D. Sponsors of community activities.

[1] Editor's Note: See 53 P.S. § 4000.304(f).

§ 243-9 Violations and penalties.

A. Any person who violates or neglects to comply with any provision in § 243-5 of this chapter shall receive a written warning, sent by certified mail, return receipt requested, for the first offense. All notices shall be kept on file at the Borough office for a period of 365 days from the date on the notice. The second offense under the aforementioned section shall, upon conviction thereof before a District Justice, be punishable by a fine not to exceed $25; the third offense not to exceed $50; and the fourth and each succeeding offense during the seven-year period following the written notice shall not exceed $100. The continuation of such violation for each successive day may constitute a separate offense, and the person or persons allowing or permitting the continuation of said violation may be punished as provided above for each separate violation, and in default of any fine so imposed, shall be incarcerated in the county prison for a period not to exceed 10 days for each violation.

B. Any person who violates § 243-3G of this chapter or any person who knowingly commits, takes part or assists in any such violation shall, upon conviction thereof before any District Justice, be punishable by a fine not to exceed $600 for each separate violation at each property, together with costs of prosecution for each violation, and in default of any fine so imposed, shall be incarcerated in the county prison for a period not to exceed 30 days for each violation.

C. Notice.

(1) Whenever the Code Enforcement Officer of the Borough observes a property which is in violation of any provision of § 243-4A through I of this chapter, the officer shall give notice to the property owner, and such notice shall contain the following:

(a) The address of the property in violation and the name of the owner.

(b) A statement that the property is in violation, specifying the existing violation.

(c) Direction that this chapter be complied with and the offending violation be corrected.

(d) Notice that if the violation is not corrected within three days of service of the notice, that a citation will be issued.

(e) The signature and printed name of the officer observing the violation.

(2) No notice to the property owner shall be required when to give such a notice is impractical and/or such delay of enforcement would impair the health, safety and welfare of residents of the Borough of Downingtown.

D. Any person who shall be convicted before a District Justice for violating or failing to comply with any other provision of this chapter or any regulation adopted by resolution of the Borough Council hereunder not specifically set forth in Subsection A or B of this section shall be punishable by a fine of not more than $300, together with costs of prosecution for each violation, and, in default of any fine so imposed, shall be incarcerated in the county prison for a period not to exceed 30 days for each violation.

Article II Fees

§ 243-10 Imposition of fees. [1]

Fees for the collection and disposal of ashes, garbage, rubbish, refuse, and recyclables within the Borough of Downingtown shall be paid in accordance with a fee schedule adopted by resolution of the Borough Council. Such schedule may be revised, as necessary, by resolution of the Borough Council.

[1] Editor's Note: See also Ch. 32, Art. IV, Proprietary Funds Adjustments.

§ 243-11 Collection of charges.

The Borough Council shall appoint a person to collect such charge. The Borough Director of Administration and Finance shall be designated as the present collector.

§ 243-12 (Reserved)

§ 243-13 Delinquent payment.

A. All accounts shall be due and payable as provided for by the Borough Council and, for any bill which remains unpaid for 30 days from the time of billing, said account shall be considered delinquent and further service may be refused without further notice. The stoppage of service may be made as an additional remedy by the Borough and in no way shall excuse payment of past delinquency or future payments. The owner of the premises served shall be billed and responsible for the payment thereof.

B. For nonpayment, the Borough shall have the remedy of suing and any other remedy allowed by law.

§ 243-14 Billing.

Billing shall be as follows:

A. All residential dwellings and multiunit parcels up to and including four units and all condominiums shall be billed quarterly. Each residential unit of a multiunit parcel shall be billed at the rate established for residential collection by resolution of the Borough Council.

B. Each residential unit of a multiunit parcel shall be billed at the rate established for residential collection by resolution of the Borough Council.

[Amended 1-16-2013 by Ord. No. 2013-02]

C. All persons affected by this chapter shall be responsible for payment at required times, regardless of whether a bill is received.

§ 243-15 Penalty for delinquent bills.

A penalty of 10% shall be imposed 30 days after the billing date.

§ 243-16 Compliance required.

All residential single-family dwelling units, rooming houses and multiunit parcels with up to and including four units and all condominiums are required to comply with the provisions of this chapter, whether their refuse is placed out for collection or not, and may not be excluded from the payment of said fees for refuse collection and disposal services as provided to those units by the Borough of Downingtown. An exclusion from this exists for contiguous parcels, having up to and including four units within each parcel, owned by the same individual(s). In the case of contiguous parcels owned by the same individual(s), the owner may privately contract for a hauler to collect refuse and recyclable materials from the contiguous parcels; however, the owner shall still observe the rules and regulations set forth in this chapter, including, but not limited to, notifying the Borough annually, in writing, as to their chosen hauler.

§ 243-17 Violations and penalties.

In addition to any penalties set forth herein and all actions in law or equity allowable by the laws of the Commonwealth of Pennsylvania, any person or corporation violating any of the terms of this chapter shall be guilty of a summary offense, and a proceeding may be brought before a District Justice for the violation of the same. A fine of not more than $1,000, together with the costs of prosecution, shall be imposed by the District Justice upon the finding of guilty, and, in lieu of payment thereof, a sentence of not more than 30 days shall be imposed to be served in the Chester County Farm Prison.