[Ord. 1991-6, 8/5/1991, § I]
This Part shall be known and may be cited as the "Mandatory
Recycling Ordinance of the Borough of Forty Fort."
[Ord. 1991-6, 8/5/1991, § II]
It is the goal and purpose of this Part to effectuate the Borough's
compliance with Act 101, 53 P.S. § 4000.101 et seq., by
facilitating efficient disposal of solid waste generated within the
Borough in the most economical, environmentally acceptable manner,
and also to reduce the total volume of solid waste disposed of by
the Borough. This Part is also designed, in accordance with the Borough's
police powers, to protect the health, welfare, and safety of the residents
of this Borough.
[Ord. 1991-6, 8/5/1991, § III; as amended by Ord.
2008-8, 9/2/2008, § 1]
For the purposes of this Part, the following words and phrases
shall have the meanings given to them in this Part unless the context
clearly indicates otherwise:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of steel and
aluminum.
Those properties used primarily for commercial, industrial,
institutional and/or municipal purposes and those multiple dwelling
residential buildings containing more than four dwelling units.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, 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.
Includes, but not be limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
Paper of the type commonly referred to as newspapers and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest.
Owners, lessees and occupants of residences, commercial or
institutional establishments.
Empty plastic food and beverage containers.
Source-separated recyclable materials and materials designated
by the Borough to be recycled.
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. The term does not include source-separated recyclable materials
or material approved by the Department for beneficial use.
[Ord. 1991-6, 8/5/1991, § IV; as amended by Ord.
2008-8, 9/2/2008, § 2; and by Ord. 2009-8, 12/7/2009]
1.
In accordance with § 1501 of Act 101, the Council of the
Borough of Forty Fort shall choose by regulation the designated residential
recyclable materials from the following:
2.
Each resident must establish within the household a program for effective
source-separation of the said recyclable materials. Said recyclable
materials must be kept separate from other solid waste, and shall
be disposed of as hereinafter set forth. Further, all of the designated
recyclable materials must be stored in an area free from exposure
to the elements and shall be properly secured so as to be safe from
vermin.
3.
The Department of Street Workers of the Borough shall establish a
schedule for collection of the recyclable materials. Suitable public
notice of said schedule of collection shall be made by the Borough.
Recyclable materials shall be placed on the tree lawn, or curbside,
accessible to the collectors, not more than 24 hours prior to the
scheduled collection time/date.
4.
Recycling Frequency. Borough residents shall receive a minimum of
one collection of recyclable materials, including leaf waste, per
month. Borough Council is free to set any recycling frequency so long
as it meets the minimum recycling frequency of once per month.
[Ord. 1991-6, 8/5/1991, § V; as amended by Ord.
2009-8, 12/7/2009]
1.
In accordance with § 1501 of Act 101, 53 P.S. § 4000.1501,
the Council of the Borough of Forty Fort shall choose by regulation
the designated commercial recycling materials from the following:
2.
Each commercial establishment shall develop an effective program
for the source-separation of said recyclables. These materials must
be kept separate from other solid waste. Further, the recyclable materials
must be stored in an area free from exposure to the elements and properly
secured, so as to be safe from vermin.
3.
Each commercial establishment shall arrange with an independent contractor
for private collection of said recyclables, as well as for collection
of remaining solid waste, which independent contractor shall comply
with all governing statutes for proper disposal of same. Each establishment
shall report no later than January 15 of each year to the Borough
the total number of tons recycled for each of the following: glass,
metal, paper and plastics, in accordance with § 1501 of
Act 101, 53 P.S. § 4000.1501.
4.
Any commercial establishment which seeks exemption from the requirements
of this Part on the basis that it has otherwise provided for the recycling
of the designated recyclable materials shall report no later than
January 15 of each year to the Borough the total number of tons recycled,
in compliance with § 1501(c)(1)(iii) of Act 101, 53 P.S.
§ 4000.1501(c)(1)(iii).
[Ord. 1991-6, 8/5/1991, § VI]
A public information specialist shall be appointed, who shall
inform the public of the direct benefits which the Borough and its
residents will receive from the curbside program hereby established,
as well as the requirements which residents must follow to successfully
implement this Part. At least 30 days prior to initiation of this
recycling program, and at least once every six months thereafter,
public notice of this Part and its requirements shall be given to
all residents.
[Ord. 1991-6, 8/5/1991, § VII]
Any resident wishing to dispose of a lead acid battery shall
deliver same to an automotive battery retailer or wholesaler, or to
a secondary lead smelter permitted by the United States Environmental
Protection Agency, or to an authorized recycler, as required by § 1510
of Act 101, 53 P.S. § 4000.1510. No other form of disposal
shall be lawful.
[Ord. 1991-6, 8/5/1991, § VIII]
1.
Leaf waste shall be separated from other municipal waste generated
by residents unless the residents have otherwise provided for the
composting of leaf waste, and the Department of Street Workers of
the Borough shall establish a schedule for collection and composting
of said leaf waste.
2.
The Council of the Borough of Forty Fort may by regulation designate
for the separation, collection and disposal of grass clippings generated
by residents.
[Ord. 1991-6, 8/5/1991, § IX]
Upon placement at curbside, all recyclables shall become the
property of the Borough, whose responsibility it shall be to dispose
of the recyclables in conformity with Act 101, 53 P.S. § 4000.101
et seq. No person or persons other than the Department of Street Workers
or its duly authorized agents may collect and dispose of recyclables
placed at curbside. Violation of this section shall be considered
a criminal theft or scattering rubbish under the Pennsylvania Crimes
Code, 18 Pa.C.S.A. § 101 et seq., depending upon the severity
of the violation, and may be prosecuted in accordance with existing
law.
[Ord. 1991-6, 8/5/1991, § X]
It shall be unlawful for any person to dispose of the materials
designated herein as recyclables with regular municipal waste. The
Department of Street Workers and its designated agents are hereby
authorized to regularly inspect all municipal waste for violations
of this Part.
[Ord. 1991-6, 8/5/1991, § XI]
The Borough, if it deems it appropriate, may enter into an agreement
with any private firm for the collection of recyclables, pursuant
to § 1501(e)(1)(ii) of Act 101, 53 P.S. § 1501(e)(1)(ii).
[Ord. 1991-6, 8/5/1991, § XII; as amended by Ord.
2009-8, 12/7/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not less than $100 nor more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of this Part continues or
each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1991-6, 8/5/1991, § XIII]
1.
The Council of the Borough of Forty Fort is empowered to promulgate
regulations to implement the detail operation of this Part.
2.
The Council of the Borough of Forty Fort is empowered to promulgate
regulations to designate and/or change from time to time residential
and commercial recyclable materials as provided in §§ 20-314,
20-315 and 20-308 of this Part.
3.
Subsequent changes in the recycling program can be made by the Council
of the Borough of Forty Fort by amendment to the regulations.
[1]
Editor's Note: Former § 20-321, Annual Recycling
Fee, adopted 2/1/1993 by Ord. 1993-1, as amended, was repealed 8/7/2017
by Ord. 2017-7.
