[HISTORY: Adopted by the Borough Council
of the Borough of Oakmont as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-12-1992 by Ord. No. 035-92]
This article shall be known and referred to
as the "Solid Waste Ordinance."
A.
ACT OR ACT 97
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE OR HOUSEHOLD WASTE
GARBAGE
HAULER OR PRIVATE COLLECTOR
HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
MUNICIPALITY
PERSON
PROCESSING
REFUSE
RESIDENTIAL DWELLING
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases as used in this article
shall have the meanings ascribed herein, unless the context clearly
indicates a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
Poultry and livestock manure or residual materials in liquid
or solid form, generated in the production and marketing of poultry,
livestock, fur-bearing animals and their products, provided that such
waste is not a hazardous waste. The term includes the residual materials
generated in producing, harvesting and marketing of all agronomic,
horticultural, silvicultural and agricultural crops or commodities
grown on what are usually recognized and accepted as farms, forests
or other agricultural lands.
Large items of solid waste, including but not limited to
appliances, furniture, large auto parts, trees, branches or stumps
which may require special handling due to their size, shape or weight.
Any establishment engaged in nonmanufacturing or non-processing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
All municipal and residual waste building materials, grubbing
waste and rubble resulting from construction, remodeling, repair and
demolition operations on houses, commercial buildings and other structures
and pavements.
The Pennsylvania Department of Environmental Protection.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
such a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged to
the waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases or vectors.
Any person, firm, copartnership, association or corporation
who or which has been licensed by the municipality or its designated
representative to collect, transport and dispose of refuse for a fee
as here prescribed.
Any solid waste or combination of solid wastes, as defined
in the Act, which, because of its quantity, concentration or physical,
chemical or infectious characteristics, may cause or significantly
contribute to an increase in mortality or any increase in morbidity
in either an individual or the total population or pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
material resulting from the operation of residential, municipal, commercial
or institutional establishments and from community activities; and
any sludge not meeting the definition of residual or hazardous waste
under Act 97 from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
The Borough of Oakmont, Allegheny County, Pennsylvania.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, state institution and agency or any other
legal entity 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.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such waste materials for off-site reuse. Processing
facility include, but are not limited to, transfer facilities, composting
facilities and resource recovery facilities.
All solid waste materials which are discarded as useless.
Includes all single-family dwellings, duplexes, double houses,
apartments and multifamily dwellings.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations, and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term "residual
waste" shall not include treatment defined in the Coal Refuse Disposal
Control Act.[2] Residual waste shall not include treatment sludges from
coal mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Clean Streams Law.[3]
All nonputrescible municipal waste except garbage and other
decomposable matter. This category includes, but is not limited to,
ashes, bedding, cardboard, cans, crockery, glass, paper, wood and
yard cleanings.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any coarse screenings, grit and dewatered or air-dried sludges
from sewage treatment plants and pumpings from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
Those materials separated at the point of origin for the
purpose of being recycled.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
A.
It shall be unlawful for any person to accumulate
or permit to accumulate, upon any public or private property within
the Borough of Oakmont, any garbage, rubbish, bulky waste or any other
municipal or residual solid waste except in accordance with the provisions
of this article, any department rules and regulations adopted pursuant
to Act 97 and the Health Department Rules and Regulations, Article
VIII.
B.
It shall be unlawful for any person to burn any solid
waste within the Borough of Oakmont except in accordance with the
provision of this article, any department rules and regulations adopted
pursuant to Act 97 and the Health Department Rules and Regulations,
Article VIII.
C.
It shall be unlawful for any person to dispose of
any solid waste in the Borough of Oakmont except in accordance with
the provision of this article, any Department Rules and Regulations
adopted pursuant to Act 97 and the Health Department Rules and Regulations,
Article VIII.
D.
It shall be unlawful for any person to haul, transport,
collect or remove any solid waste from public or private property
within the Borough of Oakmont without first securing a license to
do so in accordance with the provisions of this article.
E.
It shall be unlawful for any person to scavenge any
materials from any solid waste that is stored or deposited for collection
with the Borough of Oakmont without prior approval by the Borough
of Oakmont.
F.
It shall be unlawful for any person to salvage or
reclaim any solid wastes within the Borough of Oakmont except at an
approved and permitted resource recovery facility under Act 97 and
any Department Rules and Regulations adopted pursuant to Act 97.
G.
It shall be unlawful for any person to throw, place
or deposit or cause or permit to be thrown, placed or deposited any
solid waste in or upon any street, alley, sidewalk, body of water,
public or private property within the Borough of Oakmont, except as
provided in this article.
A.
The storage of all solid waste shall be practiced
so as to prevent the attraction, harborage or breeding of insects
or rodents and to eliminate conditions harmful to public health or
which create safety hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal waste shall provide
a sufficient number of approved containers to store all waste materials
generated during periods between regularly scheduled collections and
shall place and store all waste materials therein.
C.
Any person storing municipal waste for collection
shall comply with the following preparation standards:
(1)
All municipal waste shall be drained of free liquids
before being placed in storage containers.
(2)
All garbage or other putrescible waste shall be securely
wrapped in paper, plastic or similar material or placed in properly
tied plastic bags.
(3)
All cans, bottles or other food containers should
be rinsed free of food particles and drained before being placed in
storage containers.
(4)
Garden clippings and tree trimmings shall be placed
in approved containers or shall be cut and tied securely into bundles.
Bundles shall be not more than four feet in length, nor more than
two feet in diameter and not more than 40 pounds in weight.
(5)
Newspapers and magazines shall be placed in approved
containers or shall be tied securely into bundles of not more than
40 pounds in weight.
(6)
When specified by the municipality or its designated
representative, special preparation and storage procedures may be
required to facilitate the collection and resource recovery of certain
waste materials.
D.
All municipal waste shall be stored in containers
approved by the municipality or its designated representative. Individual
containers and bulk containers utilized for storage of municipal waste
shall comply with the following standards:
(1)
Reusable containers shall be constructed of durable,
watertight, rust and corrosion-resistant materials, such as plastic,
metal or fiberglass, in such a manner as to be leakproof, weatherproof,
insectproof and rodentproof.
(2)
Reusable containers for individual residences shall
have a tight-fitting cover and suitable lifting handles to facilitate
collection.
(3)
Reusable containers for individual residences shall
have a capacity of not less than 10 gallons nor more than 40 gallons
and a loaded weight of not more than 40 pounds.
(4)
Disposable plastic bags or sacks are acceptable containers,
provided that the bags are designated for waste disposal. Plastic
bags shall have sufficient wall strength to maintain physical integrity
when lifted by the top, shall be securely tied at the top for collection
and shall have a capacity of not more than 30 galls and a loaded weight
of not more than 35 pounds.
(5)
All containers, either reusable or disposable, shall
also comply with the minimum standards established by the National
Sanitation Foundation.
E.
Any person storing municipal waste for collection
shall comply with the following storage standards:
(1)
Containers shall be kept tightly sealed or covered
at all times. Solid waste shall not protrude or extend above the top
of the container.
(2)
Reusable containers shall be kept in a sanitary condition
at all times. The interior of the containers shall be thoroughly cleaned,
rinsed, drained and disinfected as often as necessary to prevent the
accumulation of liquid residues or solids on the bottom or sides of
the container.
(3)
Containers shall be used and maintained so as to prevent
public nuisances.
(4)
Containers that do not conform to the standards of
this article or which have sharp edges, ragged edges or any other
defect that may hamper or injure collection personnel shall be promptly
replaced by the owner upon notice from the Borough of Oakmont or its
designated representative.
(5)
Containers shall be placed by the owner or customer
at a collection point specified by the borough or its designated representative.
(6)
With the exception of pickup days when the containers
are placed out for collection, the containers shall be properly stored
on the owner or customer premises at all times.
(7)
Bulk waste items such as furniture, automobile parts,
machinery, appliances and tires shall be stored in a manner that will
prevent the accumulation or collection of water, the harborage of
rodents, safety hazards and fire hazards.
(8)
The storage of all municipal waste from all multifamily
residential units, commercial establishments, institutions and industrial
lunchroom or office waste sources is subject to the regulations and
standards set forth in this article. The type, size and placement
requirements for bulk containers shall be determined by the waste
generator and the waste hauler and are subject to approval by the
Borough of Oakmont.
A.
All residents of residential dwellings with fewer
than four units shall arrange and contract with the collector designated
by the Borough of Oakmont for the collection, removal and disposal
of all solid waste. These residents shall utilize the residential
collection service designated by the borough unless they can demonstrate
that they have made alternate arrangements that are consistent with
this article and approved by the Borough of Oakmont.
B.
All multifamily residential sources (with more than
four units), commercial, institutional and industrial establishments
shall negotiate and individually contract for collection service with
the Borough of Oakmont's collector or any other properly licensed
waste hauler of their choice.
C.
All residential garbage and rubbish shall be collected
at least once a week. Bulky wastes shall be collected following prior
arrangement with the Borough of Oakmont's collector and payment of
any required special fees.
D.
All commercial, institutional, public and industrial
lunchroom and office waste containing garbage shall be collected at
least once a week. Rubbish collection from these sources shall be
made as often as necessary to control health hazards, odors, flies
and unsightly conditions. The Borough of Oakmont reserves the right
to require more frequent collection when deemed necessary.
E.
Residential collection schedules shall be published
regularly by the borough or its contracted hauler.
F.
All solid waste collection activity shall be conducted
from Monday through Friday, between the hours of 6:00 a.m. and 5:00
p.m., or on Saturdays, between the hours of 8:00 a.m. and 4:00 p.m.,
unless prior approval or an exception has been granted by the borough.
No collection, hauling or transporting of solid waste shall be permitted
on Sunday.
G.
All licensed haulers and haulers under contract with
the Borough of Oakmont shall comply with the following standards and
regulations:
(1)
All municipal waste collected within the Borough of
Oakmont shall ultimately be disposed only at a landfill cited in the
Allegheny County Solid Waste Plan - 1990 or on subsequent revisions
thereto.
(2)
Any trucks or other vehicles used for the collection
and transportation of municipal waste must comply with the requirements
of Act 97 and any Department regulations adopted pursuant to Act 97
and must be licensed by the Allegheny County Health Department.
(3)
All collection vehicles conveying domestic waste and
garbage shall be watertight and suitably enclosed to prevent leakage,
roadside littering, attraction of vectors, the creation of odors and
other nuisances.
(4)
Collection vehicles for rubbish and other nonputrescible
solid waste shall be capable of being enclosed or covered to prevent
roadside litter and other nuisances.
(5)
All solid waste shall be collected and transported
so as to prevent public health hazards, safety hazards and nuisances.
(6)
All solid waste collection vehicles shall be operated
and maintained in a clean and sanitary condition.
A.
The Oakmont Borough Council shall be authorized to
make funds available, in accordance with the laws and procedures of
the Borough of Oakmont, for the establishment, maintenance and operation
of a municipal solid waste collection and disposal system or for the
contracting of such service to a private collector.
B.
Annual fee schedules (if appropriate) shall be published
by the Borough of Oakmont on any competitively bid residential collection
service contract that may be awarded by the borough.
C.
The Borough of Oakmont shall be responsible for the
collection of any fees for solid waste collection and disposal from
residential customers. Licensed haulers shall be responsible for the
collection of any collection and disposal fees from commercial, institutional
and industrial customers.
A.
All appeals shall be made in writing to the Oakmont
Borough Council.
B.
Pending a reversal or modification, all decisions
of the Borough of Oakmont shall remain effective and enforceable.
C.
Appeals may be made by the following persons:
(1)
Any person who is aggrieved by a new standard or regulation
issued by the Borough of Oakmont may appeal within 10 days after the
borough gives notice of its intention to issue the new standard or
regulation.
D.
The Notice of Appeal shall be served in writing and
sent by certified mail with return receipt requested. Within 20 days
after receipt of the Notice of Appeal, the borough shall hold a public
hearing. Notice of the hearing shall be sent to both parties in time
to adequately prepare for the hearing. Notice shall be sent to the
parties by certified mail with return receipt requested at the last
known address in addition to publication in the local newspaper.
The Borough of Oakmont may petition the District
Justice for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this article.
Any person who violates any provision of this
article shall, upon conviction, be punishable by a fine of not more
than $600, plus costs of prosecution, or in default of payment of
such fine and costs by imprisonment for a period of not more than
30 days, or both. Each day of violation shall be considered a separate
and distinct offense.
[Adopted 10-12-1992 by Ord. No. 036-92]
The Mayor and Borough Council of the Borough
of Oakmont (hereinafter referred to as "the borough") find that:
A.
The Act of July 28, 1988, No. 101, known as the "Municipal
Waste Planning, Recycling and Waste Reduction Act,"[1] provides that each municipality of the commonwealth shall
have the power and duty to adopt and implement programs for the collection
and recycling of municipal waste or source separated recyclable materials.
[1]
Editor's Note: 53 P.S. § 4000.101
et seq..
B.
The reduction of the amount of municipal waste and
conservation of recyclable materials has become an important public
concern because of the growing problem of municipal waste disposal
and its impact on the environment.
C.
The collection of recyclable materials for recycling
from residences and from commercial, municipal and institutional establishments
in the Borough of Oakmont (hereinafter "the borough") will serve the
general public interest by reducing the volume of municipal waste
which must be disposed of and by conserving our natural resources.
D.
Recycling in the borough will be done most efficiently
if the collection of recyclables is carried out in conjunction with
the collection of solid waste.
E.
A successful recycling program will require source
separation by borough residents and the use of standardized collection
practices and uniform containers for pickup of recyclables.
F.
The success of the borough recycling program will
be jeopardized if standard containers and collection practices are
not used or if recyclables are removed from containers before authorized
collection personnel can pick up the recyclables.
The following words and phrases, when used in
this article, shall have the meanings ascribed to them in this section,
except and unless the context indicates a different meaning:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The Borough of Oakmont.
The entity or entities authorized by the borough to collect
recyclable materials from residences or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the borough to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes.
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 or any exhibition, show, festival, gathering,
entertainment or other activity for which an outdoor amusement permit
is required from the borough.
Structural paper materials with an inner core shaped in rigid
parallel furrows and ridges.
The container issued or approved by the borough for the purpose
of collecting, storing and placing recyclables at the curbside for
collection.
Empty steel or tin-coated food or beverage containers.
Bottles and jars made of clear, green or brown glass; expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulbs, blue glass and porcelain and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Includes but shall not be limited to automotive, truck and
industrial batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals; expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by the borough and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semisolid or contained gaseous material,
resulting from operation of residential, municipal, commercial or
institutional establishments and from community activities and any
sludge not meeting the definition of residual or hazardous waste in
the Solid Waste Management Act[2] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
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; expressly
excluded are newspapers which have been soiled, color comics, glossy
advertising inserts and advertising inserts printed in colors other
than black and white often included with newspapers.
The owner of record as shown by deed recorded in the office
of the Recorder of Deeds of Allegheny County.
Owner(s), lessee(s) and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the borough may stipulate specific types
of plastic which may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the borough
and can be separated from municipal waste and returned to commerce
to be reused as a resource in the development of useful products.
Recyclable materials may include, but are not necessarily limited
to, clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, leaf waste,
plastics and any other items selected by the borough or specified
in future revisions to Act 101. The recyclable materials selected
by the borough may be revised from time to time as deemed necessary
by the borough.
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 municipal waste or
the mechanized separation and treatment of municipal waste (other
than through combustion) and creation and recovery of reusable materials.
Any occupied single or multifamily dwellings, duplexes, double
houses, apartments and multifamily structures.
Those materials separated at the point of origin for the
purpose of being recycled.
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 does not include source-separated recyclable
materials or material approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
A.
The borough hereby establishes a recycling program
for the mandatory separation and collection of recyclable materials
and the separation, collection and composting of leaf waste from all
residences and all commercial, municipal and institutional establishments
located in the borough for which waste collection is provided by the
borough or any other collector. Collection of the recyclable materials
shall be made at least once per month by the borough, its designated
agent or any other solid waste collectors operating in the borough
and authorized to collect recyclable materials from residences or
from commercial, municipal and institutional establishments. The recycling
program shall also contain a sustained public information and education
program.
B.
Specific program regulations are provided as an attachment
to this article.[1] The Mayor and Borough Council are empowered to make changes to program regulations as necessary, as described in § 168-19. Subsequent changes in the program regulations may be made through approval of the Mayor and Borough Council and public notice and notification of all affected parties.
[1]
Editor's Note: Said regulations are included at the end of this chapter.
Disposal by persons of lead acid batteries with
other municipal wastes is prohibited and shall be a violation of this
article.
A.
All persons who are residents of the Borough of Oakmont
shall separate all of those recyclable materials designated by the
borough from all other municipal waste produced at their homes, apartments
and other residential establishments, shall store such materials for
collection and shall place the same for collection in accordance with
the guidelines established hereunder.
(1)
Persons in residences must separate recyclable materials
from other refuse. Recyclable materials shall be placed at the curbside
in curbside containers provided by the borough for collection. Any
curbside containers provided to residences for collection of recyclable
materials shall be the property of the borough and shall be used only
for the collection of recyclable materials. Any resident who moves
within or from the borough shall be responsible for returning the
allocated containers to the borough or shall pay the replacement cost
of said containers. Use of recycling containers for any purpose other
than the designated recycling program or use of the recycling containers
by any person other than the person allocated such containers shall
be a violation of this article. Should a curbside container be damaged,
lost or otherwise become unavailable for recycling use, then the resident
shall, at his or her own expense, immediately replace the container
with a container issued by the borough. Such duty of replacing a curbside
container shall be imposed regardless of who may be responsible for
the damage or loss of the container.
(2)
Persons in residences with fewer than four dwelling
units shall arrange and contract with the collector designated by
the borough for collection, removal and processing/marketing of recyclables.
(3)
An owner, landlord, manager or agent of an owner,
landlord or manager of a multifamily housing property with more than
four units may comply with its recycling responsibilities by establishing
a collection system at each property. The collection system must include
suitable containers for collecting and sorting the recyclable materials,
easily accessible locations for the containers and written instructions
to the occupants concerning the use and availability of the collection
system. Owners, landlords, managers and agents of owners, landlords
or managers who comply with this article shall not be liable for noncompliance
of occupants of their building. If recyclable materials are collected
by a collector other than the borough or its authorized agents, owners,
landlords and agents of owners or landlords shall submit an annual
report to the borough reporting the tonnage of materials recycling
during the previous year. This requirement may be fulfilled by submission
of a letter or form from the collector which certifies that recyclable
materials are being collected from the multifamily housing property
as long as the collector submits an annual report to the borough of
the tonnage of materials recycled during the previous year from all
such properties within the municipality.
B.
All persons must separate leaf waste from other municipal
waste generated at their houses, apartments and other residential
establishments for collection unless those persons have otherwise
provided for composting of leaf waste.
C.
Persons must separate high-grade office paper, aluminum,
corrugated paper, leaf waste and such other materials as may be designated
by the borough generated at commercial, municipal and institutional
establishments and from community activities and store the recyclable
materials until collection. A person may be exempted from this subsection
by:
(1)
Providing for the recycling of high-grade office paper,
aluminum, corrugated paper, leaf waste and other materials deemed
appropriate by the municipality.
(2)
Submitting, at a minimum, an annual recycling report
to the governing body of the municipality.
(a)
The report shall document the amount of municipal
waste generated per year, as well as the type and weight of materials
that were recycled in the previous calendar year. Valid documentation
shall include information from an end-use, recycler or waste hauler
which describes the type and weight of each recyclable material that
was collected and marketed.
[1]
Documentation may be in the form of one of the
following:
[a]
Copies of weight receipts or statements
which consolidate such information;
[b]
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; or
[c]
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.
[2]
For Subsection C(2)(a)[1][b] and [c] above, 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.
(b)
If recyclable materials are collected by a collector
other than the borough or its authorized agent, occupants of said
establishments shall submit an annual report to the borough reporting
the type and weight of materials recycled during the previous calendar
year. This requirement may be fulfilled by submission of a letter
or form from the collector which certifies that recyclable materials
are being collected from the establishment, as long as the collector
submits an annual report to the municipality of the tonnage of materials
recycled during the previous year from all such properties within
the municipality.
(c)
All employees, users (patrons) and residents
of commercial, municipal and institutional establishments must be
informed of the recycling program. The education program should describe
the program's features and requirements and should include, at a minimum,
an annual program meeting and an orientation to the program upon the
arrival of a new employee or resident. Receptacles should be clearly
marked with the recycling symbol and the type of recyclable material
that is to be placed in the receptacle, and signs should be prominently
displaced stating the requirements of the program.
All recyclable materials placed by persons for collection by the borough or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Borough of Oakmont or the authorized collector, except as otherwise provided by § 168-17 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for
any person, firm or corporation, other than the borough or one authorized
by the Mayor and Borough Council or other entity responsible for providing
for collection of recyclable materials, to collect recyclable materials
placed by residences or commercial, municipal and institutional establishments
for collection by the borough or an authorized collector, unless such
person, firm or corporation has prior written permission from the
generator to make such collection. In violation hereof, unauthorized
collection from one or more residences or commercial, municipal and
institutional establishments on one calendar day shall constitute
a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional
establishment may donate or sell recyclable materials to any person,
firm or corporation, whether operating for profit or not, provided
that the receiving person, firm or corporation shall not collect such
donated recyclable materials from the collection point of a residence
or commercial, municipal or institution establishment without prior
written permission from the Mayor and Borough Council or other entity
responsible for authorizing collection of recyclable materials to
make such a collection.
Disposal by persons of recyclable materials
with wastes is prohibited and shall be a violation of this article.
The collected recyclable materials shall be taken to a recycling facility.
Disposal by collectors or operators of recycling facilities of source-separated
recyclable materials in landfills or in incinerators is prohibited.
A.
The Mayor and Borough Council are hereby authorized
and directed to make reasonable rules and regulations for the operation
and enforcement of this article as deemed necessary, including but
not limited to:
(1)
Establishing recyclable materials to be separated
for collection and recycling by residences and additional recyclable
materials to be separated by commercial, municipal and institutional
establishments.
(2)
Establishing collection procedures for recyclable
materials.
(3)
Establishing reporting procedures for amounts of materials
recycled.
(4)
Establishing procedures for the distribution, monitoring
and collection of recyclable containers.
(5)
Establishing procedures and rules for the collection
of leaf waste.
B.
Any person, firm or corporation who shall violate
the provision of this article shall receive an official written warning
of noncompliance for the first and second offense. Thereafter, all
such violations shall be subject to the penalties hereinafter provided.
C.
Except as hereinafter provided, any person, firm or
corporation who shall violate any of the provisions of this article
shall, upon conviction, be sentenced to pay a fine of not more than
$600 and costs of prosecution for each and every offense and, in default
of payment of such fine and costs, be sentenced to imprisonment for
not more than 30 days.[1]
D.
The borough reserves the right not to collect municipal
waste containing recyclable materials in combination with nonrecyclable
materials.
The Borough of Oakmont may enter into (an) agreement(s)
with public or private agencies or firms to authorize them to collect
all or part of the recyclable materials from curbside.
The borough may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 168-19.
