[Ord. 2071, 12/29/2009]
1.Â
The reduction of the amount of municipal waste, the conservation
of recyclable materials, and the collection and disposal of leaf waste
and yard materials is an important public concern by reason of the
growing problem of municipal waste disposal and its impact on the
environment.
2.Â
The collection of recyclable materials, yard materials, and leaf
waste from commercial and institutional establishments in the Borough
of Pottstown will serve the general public interest by reducing the
volume of municipal waste which must be disposed of, thereby reducing
storage, collection, transportation and disposal costs of said waste
and preserving valuable natural resources; and may result in a financial
benefit to the residents and taxpayers of the Borough of Pottstown
by reason of the income realized from the sale of these recyclable
materials and reduced cost of disposal.
3.Â
This Part has been developed to implement municipal responsibilities
under the provisions of Act 101 of 1988 (35 P.S. § 4000.101 et
seq.), and any subsequent amendments, thereto, known as the "Municipal
Waste Planning, Recycling and Waste Reduction Act."
4.Â
The maintenance of health and sanitation requires, and it is the intent hereof, to make collection, removal and disposal of municipal waste within the Borough of Pottstown compulsory and universal. Failure to accumulate, store, maintain and dispose of municipal waste, as contemplated by this Part and Chapter 5, is hereby declared to be a nuisance and detrimental to the health, safety, comfort, convenience, and overall quality of life to the residents of the Borough.
[Ord. 2071, 12/29/2009]
This Part shall apply to all territory embraced within the corporate
limits of the Borough of Pottstown and the area of police jurisdiction
as now established or as may hereafter be established. All eligible
properties shall be required to participate in both the recycling
program described in Subpart A and the municipal waste collection
and disposal program described in Subpart B.
[Ord. 2071, 12/29/2009]
All properties that are not eligible to participate in the programs
offered by the Borough (either by reason of type of use, type of waste,
or amount of waste) shall be required to provide approved alternate
service for collection and disposal of recyclables and collection
and disposal of waste. The owners of all such property shall provide
written proof of the approved alternate service to the Borough.
[Ord. 2071, 12/29/2009]
The Borough Manager shall be authorized to prepare any rules
and regulations for the efficient administration and enforcement of
the provisions of this Part. Such rules and regulations, when approved
by resolution of the Borough, shall become and are hereby a part of
this Part, and any person violating any one of such rules shall be
punished for a violation of this Part.
[Ord. 2071, 12/29/2009]
Unless the context clearly indicates otherwise, the following
words and phrases used throughout this Part shall have the following
meanings:
The Mayor and Borough Council of the Borough of Pottstown.
The Borough Manager of the Borough of Pottstown.
Large items of refuse including, but not limited to, appliances,
large auto parts, furniture, large trees and branches which require
collection by other than conventional compact or refuse collection
vehicles or items due to their size that cannot be placed in an approved
trash can or trash container.
A stand-alone building with its principal use for public
worship.
Any person, persons, firm, corporation, partnership or company
contracted to collect, haul or dispose of refuse from any source whatsoever.
Those properties used exclusively for commercial, industrial
or other nonresidential purposes (excluding churches) or those multiple
dwelling residential buildings containing more than six dwelling units.
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
An apartment building or housing area in which the living
units are owned individually.
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers, universities and nursing
homes.
Leaves from trees and garden residues, but not including
grass clippings.
A property which contains a single nonresidential use combined
with not more than six dwelling units.
Any property or condominium having more than six dwelling
units.
The collection of municipal waste as herein provided from
all residences, mixed use housing properties, and churches of the
Borough of Pottstown, which municipal waste is generated by that property,
with the exception of industrial properties, commercial properties
and apartment building(s), with the exception of multifamily housing
properties containing more than six dwelling units.
Any public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
The Borough of Pottstown.
Any 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 in the Solid Waste Management Act 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.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, Federal
government or agency, State institution or agency (including, but
not limited to, the Department of General Services and the Pennsylvania
Public School Building Authority), or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. In
any provisions of this Part prescribing a fine, imprisonment or penalty,
or any combination of the foregoing, the term "person" shall include
the officers and directors of any corporation or other legal entity
having officers and directors.
Materials generated by business or consumers which can be
separated from municipal waste and returned to commerce to be reused
as a resource in the development of useful products. Recyclables include
the following: clear glass, colored glass, aluminum, steel and bimetallic
cans, high-grade office paper, newsprint, corrugated paper, junk mail
and other paper board products (i.e., cereal boxes), and plastics
(Nos. 1 through 7). Recyclable material must be free from contamination
that would affect its reuse. The list of recyclable materials may
be changed from time to time by resolution of the Borough.
The collection, separation, recovery and sale or reuse of
recyclable materials, yard materials and/or leaf waste which would
otherwise be disposed of or processed as municipal waste, and creation
and recovery of reusable materials other than fuel for the operation
of energy.
A container issued by the Borough to each resident designated
for the purpose of storing and disposing of recyclable materials,
which container shall remain the property of the Borough and remain
with the residence following any conveyance of the property to a new
owner.
Any single-family attached or detached dwelling or multiple
dwellings having not more than six units from which the Borough collects
municipal waste.
All approved material is stored in a single collection container
for the purpose of being recycled.
Prunings and other natural organic matter discarded from
yards and gardens, including leaf waste, but not including grass clippings.
