[HISTORY: Adopted by the Borough Council
of the Borough of Sayre 12-18-2008 by Ord. No. 865.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Attorney fees — See Ch. 51.
Garbage, rubbish, refuse and organic waste — See Ch. 93.
Hazardous accidents and materials — See Ch. 95.
Property maintenance — See Ch. 134A.
[1]
Editor's Note: This ordinance also superseded
former Ch. 135, Recycling, adopted 9-22-2003 by Ord. No. 821.
A.
This chapter hereby establishes a program for collection,
storage, transportation, processing and disposal of municipal waste
and for the mandatory source separation and separate curbside collection
and recycling of designated recyclables; providing for the regulation
of private haulers; disposal of designated recyclables and leaf waste
recycling with municipal waste; prohibiting the burning of designated
recyclables and leaf waste; empowering the Borough to adopt (reasonable
regulations/policies and procedures ?)[1] thereof and fixing penalties for violation of this chapter.
[1]
Editor's Note: So in original.
B.
All domestic, commercial, institutional and industrial
recyclables accumulated upon any property within Sayre Borough shall
be collected and removed by a private hauler who shall be permitted
by the State of Pennsylvania. Waste shall be disposed of in accordance
with the Solid Waste Management Act[2] and the Bradford County Municipal Waste Plan.
[2]
Editor's Note: See 35 P.S. § 6018.101
et seq.
C.
This chapter shall provide mandatory participation
in the recycling program in accordance with the requirements of Act
101 of 1988[3] and govern all aspects of the collection, storage, transportation,
processing and disposal of municipal solid waste in Sayre Borough.
It contains regulations that are applicable to collectors of municipal
waste and/or recyclables, individuals, developments and commercial,
municipal and institutional establishments, and community activities.
[3]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A chapter to establish a program in accordance
with the requirements of Act 101 of 1988 for the mandatory source-separation,
separate collection and recycling of designated recyclable materials,
and composting of leaf waste, from residences and properties receiving
municipal waste collection service from or on behalf of the Borough
of Sayre for recycling and composting purposes; to prohibit the disposal
of designated recyclable materials into the conventional municipal
waste disposal system; to empower the Borough to promulgate and adopt
reasonable rules and regulations therefor, and to fix penalties for
violation of this chapter.
As used in this chapter, the following terms
shall have the meaning indicated, unless a different meaning appears
clearly from the context:
One who performs an act for his immediate family or for another
person as defined in this chapter, with or without compensation.
Empty, all-aluminum beverage and food containers.
A private hauler (as defined herein), or a person who, being
so authorized by the terms of this chapter, removes municipal waste
or recyclables from his own premises, as owner of the building or
commercial, municipal or institutional establishment or community
activity conducted therein, or as an agent of another person.
Empty food or beverage containers consisting of both steel
and aluminum.
Sayre Borough, Bradford County, Pennsylvania.
Any large durable goods such as refrigerators, washing machines,
window air conditioners, hot water heaters, dishwashers and any other
major home appliances in addition to other large bulk items such as
dressers, beds, mattresses, sofas, television sets and other large
household items.
A general term referring to any person who collects, for
removal from premises, municipal waste or recyclables.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, financial or professional service or office enterprise,
business or establishment.
Recyclables mingled or blended together, placed in the same
container.
Events sponsored in whole or in part by a mandated municipality,
or conducted within a municipality and sponsored privately, which
include, but are not limited to, fairs, bazaars, socials, picnics
and organized sporting events that will be attended by 200 or more
individuals per day.
The process of the biological decomposition of organic solid
waste being biologically decomposed under controlled anaerobic or
aerobic conditions to yield humus-like product.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, of the type normally used to make packing
cartons and boxes.
That location at the edge of any lot, parcel or piece of
land adjacent to a public right-of-way or roadway, and which location
is most accessible and/or convenient to any authorized collector,
as defined by this chapter, for the purpose of collecting municipal
waste and/or recyclables.
A method of collection of residentially generated recyclables
by which the owners or occupants of certain residential properties
by placing them at curbside at a time designated by Sayre Borough
for collection and removal thereof for delivery to a recycling center.
Those recyclable materials specified by Sayre Borough for
collection under its mandatory recycling program.
A recorded residential subdivision in which homeowners are
members of a duly organized, validly existing property owners association
or corporation and which has been recognized by and registered with
the Board of Supervisors of Sayre Borough, as required by this chapter.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of municipal waste into or on the land or water
in a manner such that the municipal waste or a constituent thereof
enters the environment, is emitted into the air or is discharged to
the waters of the Commonwealth of Pennsylvania.
Any site, location, area, building, structure, transfer station
or premises to be used for municipal waste disposal.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
All empty food and beverage jars or bottles, the product
being transparent or translucent (clear, green or brown). Expressly
excluded are noncontainer glass, window or plate glass, light bulbs,
blue glass and porcelain and ceramic products.
Bond, copier, letterhead or mimeograph paper typically sold
as "white ledger" paper, and computer paper.
Of, or pertaining to, any establishment engaged in service
to persons, including, but not limited to, hospitals, nursing homes,
schools, universities, churches and social or fraternal societies
and organizations.
The owner of residential property, made subject to a lease,
or such owner's authorized agent.
Leaves from trees, bushes and other plants, garden residue,
shrubbery and tree trimmings and similar materials, but not including
grass clippings.
Printed matter, also known as "periodicals," containing miscellaneous
written pieces published at fixed or varying intervals, printed on
glossy or chemically coated paper. Expressly excluded are newspapers
and all other paper products of any nature whatsoever.
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains four or more dwelling units.
Of, or pertaining to, any office or other property under
the control of any branch or arm of the Federal Government of the
United States of America, the Commonwealth of Pennsylvania or any
political subdivision of the Commonwealth of Pennsylvania, including,
but not limited to, Sayre Borough, any counties, cities, boroughs,
boroughs and municipal authorities.
Any garbage, refuse, industrial, lunchroom or office waste
and other materials, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal
or commercial or institutional establishments, or from community activities
and which are not classified as residual or hazardous waste, except
farm-produced manure, other agricultural waste and food processing
used on land where such materials will improve the condition of the
soil, the growth of crops or the restoration of the land for the same
purposes, and any sludge not meeting the definition of "residual or
hazardous waste," as defined in Commonwealth of Pennsylvania Solid
Waste Management Act.[1] The term does not include source-separated recyclable
materials or leaf waste.
Any facility that is designed, operated, used and or maintained
for the disposal of municipal waste. The term shall not include any
facility that is used exclusively for disposal of construction/demolition
waste or sludge from sewage treatment plants or water supply treatment
plants.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing advertisements
and other matters of public interest. The term "newspaper" expressly
excludes glossy advertising inserts, magazines, glossy or other chemically
coated paper, office paper and any other paper products of any nature.
Any agent, individual, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
federal government or agency, state institution or agency, or any
other legal entity whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this chapter 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.
Empty plastic food and beverage containers, the specific
types of which are:
A person licensed by the State of Pennsylvania as per the
amended Title 25 (Environmental Resources), Waste Transportation Safety
Program, of the Pennsylvania Consolidated Statutes, to collect haul
transport municipal waste and recyclables. All such haulers shall
comply with the provisions of Title 27, as well as all federal, state,
county and local laws and regulations.
Materials designated as recyclable in this chapter, or required
by the terms of this chapter (or any amendment hereto) to be kept
separate from municipal waste and recycled. The term includes leaf
waste (as defined herein).
A facility employing a technology and/or a process that separates
or classifies municipal waste and creates or recovers reusable materials
that can be sold to or reused by a manufacturer as a substitute for
or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities. The term does
not include:
Any composting facility.
Methane gas extraction from a municipal waste
landfill.
Any separation and collection center, drop-off
point or collection center for recycling, or any source-separation
or collection center for composting leaf waste.
Any facility, including all units in the facility
with a total processing capacity of less than 50 tons per day.
Any person residing or sleeping in a building; or having
possession of a space within a building.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper or plastic) and noncompostable plant material, wood or
nonputrescrible solid waste.
Empty food or beverage containers made of steel, tin-coated
steel or ferrous metal food or beverage containers.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such municipal waste.
It shall be presumed that the containment of any municipal waste in
excess of one year constitutes disposal. This presumption may be overcome
only by clear and convincing evidence to the contrary.
A facility that receives and processes or temporarily stores
municipal or residual waste at a location other than the generation
site and which facilitates the transportation or transfer of municipal
or residual waste to a processing or disposal facility. The term includes
a facility that uses a method or technology to convert part or all
of such waste materials for off-site refuse. The term does not include
a collection or processing center that is only for source-separated
recyclable materials, including clear glass, colored glass, aluminum,
steel and bimetallic cans, high-grade office paper, newsprint, corrugated
paper and plastic. Nor does the term include the designated location
of a container within the development where agents of the lot's owners
have deposited municipal waste collected from the development residences
for subsequent collection and disposition by a private hauler.
The removal from any site or location of any municipal waste
or recyclable materials at any time after generation thereof.
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, leaf waste or material approved by the Commonwealth of
Pennsylvania, Department of Environmental Protection for beneficial
use.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
A.
It shall be unlawful for any person to store, dump,
discard or deposit, or to permit the storage, dumping, discarding
or depositing of any municipal waste or recyclables upon the surface
of the ground or underground within the Borough, except in proper
containers for purposes of storage or collection, and except where
the waste or recyclables are of such size or shape as not to permit
their being placed in such containers. It shall be unlawful for any
person to dump or deposit any municipal waste or recyclables in any
stream, body of water or on any public right-of-way within the Borough.
B.
Every owner of property or occupant thereof responsible
for such property's day-to-day operation or maintenance shall pick
up and discard in any appropriate receptacle any municipal waste,
recyclables or other debris and place same at the curbside location
or on the sidewalk or gutter in front of or adjacent to their property.
All owners or operators of commercial, institutional and municipal
establishments in the Borough shall take all reasonable precautions
to prevent the deposit and accumulation of debris on their premises.
Such owner or operator may place appropriate waste containers on the
sidewalks in front of, or adjacent to, their premises at a point that
will not create a hazard to traffic or pedestrians. Any such receptacles
so placed shall be emptied on a regular basis and maintained in a
neat and clean appearance.
C.
Nothing contained herein shall prohibit a duly constituted
property owners' association or corporation from assembling municipal
waste or recyclables at a central, accessible location, provided such
activities are conducted and confined within the boundaries of that
real estate development or subdivision, as defined herein, lawfully
recorded and recognized as such.
D.
Nothing contained herein shall prohibit a farmer from
carrying out the normal activities of his farming operation, including
composting and spreading of manure or other farm-produced agricultural
waste, provided such activities be conducted in accordance with all
applicable laws, rules and regulations.
E.
Bulk containers shall not be permitted to overflow
or to have waste strewn or left about them on the ground. A violation
of this provision shall be deemed a violation of this chapter by the
person on whose property the bulk container is located, if it is located
on private property.
F.
No waste or recyclables shall be allowed to accumulate
on the ground or be disposed of on highways, Borough roads, vacant
lots or other property, nor be thrown in any stream or other body
of water.
G.
From time to time, the Borough Supervisors may, by
resolution, enumerate alternative recyclables, which will require
to be separated from municipal waste and collected in accordance with
this chapter, provided a sixty-day notification is given to private
haulers and residents.
A.
No person shall ignite, cause, feed, permit or maintain
any open fire for the destruction of solid waste or recyclables, to
include leaf waste, designated in this chapter on any property under
his control, except as hereinafter provided.
B.
Exceptions to open-burning prohibition.
(1)
Open fires may be set in the performance of an official
duty of any public officer if the fire is deemed necessary for the
prevention of a fire hazard, which cannot be abated otherwise; and
for the protection of public health.
(2)
No open burning shall occur during any fire-ban emergency
declared pursuant to this provision.
(3)
Nothing contained herein shall prohibit a farmer from
carrying out the normal activities of his farming operations, provided
such activities are conducted in accordance with all applicable laws,
rules and regulations.
(4)
Campfires and wood fires for food preparation.
Recyclables and leaf waste shall be kept separate
from municipal waste, for the purpose of recycling and composting
respectively, to the extent required by the following provisions:
A.
Owners and occupants of all residential properties
shall keep separate the following designated recyclables: clear glass
containers, brown glass containers, green glass containers, aluminum
cans, tin cans, plastics No. 1 and plastics No. 2, and newspapers.
Leaf waste is required to be separated for the purpose of composting.
B.
Owners and occupants of all commercial, municipal
and institutional establishments and properties and organizers of
community activities shall keep separate the following recyclables:
clear glass containers, brown glass containers, green glass containers,
aluminum cans, corrugated, newspapers, and high-grade office paper.
Leaf waste shall also be kept separate for the purpose of composting.
Owner and occupants of commercial, municipal and institutional establishments
may seek an exemption to the requirements of this chapter (as specified
under Act 101, Section 1501 (c)(1)(iii)) if the owners and occupants
have otherwise provided for recycling of the materials they are required
by this chapter to recycle. To be eligible for an exemption, a commercial,
municipal or institutional solid waste generator must annually provide
written documentation to the Borough of the total number of tons recycled.
C.
Additionally, the Borough may subsequently enumerate
additional recyclables that will be required to be separated from
municipal waste and collected in accordance with this chapter, provided
a sixty-day notification is provided to private haulers and residents.
D.
Corrugated paper shall be placed in easy-to-manage
bundles not to exceed 50 pounds and kept dry. Glass containers and
aluminum cans shall be emptied and cleaned. Aluminum cans and glass
containers may be mixed together and placed in containers initially
provided by the Borough. High-grade office paper shall be placed in
boxes not to exceed 50 pounds. Recyclables shall not be placed in
the same garbage can or other container as, or otherwise mixed with,
municipal waste for collection, removal or disposal. Recyclables shall
not be placed in plastic bags or other disposable bags or containers
made of polyethylene or other similar base.
A.
Unless otherwise provided for composting, all persons
who gather leaf waste shall keep leaf waste, from trees, bushes and
other plants, garden residue, shrubbery and tree trimmings, but not
including grass clippings, separate from all other forms of municipal
waste and separate from recyclables. Such leaf waste shall be set
out for collection at the times and in a manner to be designated by
the Borough and shall be collected and delivered by the Borough to
its leaf-composting facility. The leaf waste collection schedule shall
be advertised by the Borough two weeks prior to the fall and spring
collections.
B.
Nothing herein shall require any person to gather
leaf waste or prevent any person from utilizing leaf waste for compost,
mulch, or other agricultural or horticultural purposes.
For residential properties other than multifamily
dwellings, all recyclables, which are required to be kept separate
from municipal waste in residential properties, shall be placed at
curbside or some appropriate location on the premises, to be collected
at times designated by the Borough. The frequency of such collection
shall be not less than once per calendar month in each residential
zone of each month.
A.
For multifamily dwellings, all recyclables, which
are required to be kept separate from municipal waste in residential
properties, shall be picked up by a private hauler separately from
municipal waste, in a prearranged manner for the exclusive purpose
of recycling.
B.
The owner, landlord or agent or, when appropriate,
the board of directors, of every multifamily dwelling shall require,
by a clause in the lease or other enforceable rule or regulation,
that the tenants in such property comply with the requirements of
this chapter governing separation and/or placement for removal of
recyclables in multifamily dwellings. Every such landlord shall set
up a convenient and practical collection system in such properties
for the collection, storage and placement for removal of recyclables
generated by the residents of such properties.
C.
The collection system must include suitable containers
for collection and sorting materials, easily accessible locations
for the containers and written instructions to the occupants concerning
the use and availability of the collection system.
D.
Owners, landlords and agents of owners or landlords
who comply with the aforementioned requirements relative to multifamily
dwellings shall not be liable for the noncompliance of occupants of
their building.
All recyclables, which are required to be kept
separate from municipal waste in commercial, municipal and institutional
establishments and properties and community activities, either shall
be delivered directly to a recycling center or shall be picked up
by an authorized private hauler separately from municipal waste, in
a prearranged manner, for the exclusive purpose of recycling. Commercial,
municipal and institutional establishments and community activities
shall not place recyclables within or near the public right-of-way
for curbside collection, such curbside collection being intended solely
for the placement of recyclables generated in residential properties
other than multifamily housing properties.
A.
Every commercial, municipal and institutional establishment
and community activity sponsor or organizer shall annually complete
a form to be designated "Recycling Plan for Commercial, Municipal
and Institutional Establishments and Community Activities," to be
provided by the Borough, on which the establishment or sponsor shall
set forth its planned method for removal of recyclables.
(1)
On the recycling plan, each establishment shall set
forth its name, the address of the premises to which the plan pertains,
the name and address of the building owner, the name and address of
the private hauler who regularly services the establishment, the method
of municipal waste disposal utilized by the establishment if no private
hauler is used, and, in such case, where the waste is disposed of.
(2)
The recycling plan shall further set forth the name
and business address of the employee or other person responsible for
arranging disposal or removal of municipal waste and recyclables within
the establishment, the method by which recyclables will be removed
by the establishment, who will remove the recyclables, and the destination
of the recyclables.
(3)
The operator of the business or other establishment
occupying the premises, whether or not such person is the owner of
the building, shall be responsible for filing the recycling plan.
For community activities, the sponsor or organizer shall be responsible
for filing the recycling plan.
(4)
The recycling plan required hereby must be submitted
annually to the Borough at its designated office, and shall be acted
upon and either approved or disapproved by the Borough's designated
official within 60 days of proper filing thereof. If no action is
taken within 60 days, then the plan shall be deemed approved. Any
person required by this chapter to complete and submit a recycling
plan and obtain approval thereof, and who fails to do so, shall be
guilty of a violation of this chapter.
(5)
If, during any calendar year, the identity of the
commercial, municipal, or institutional establishment or community
activity sponsor, the method of removing recyclables, or the identity
of the private hauler regularly servicing the property shall change,
then the establishment or sponsor shall, at the time of such change(s),
submit a revised recycling plan for the balance of the calendar year,
accurately setting forth the change(s).
B.
Each commercial, municipal and institutional establishment
and community activity sponsor or organizer shall complete a form
to be designated "Recycling Report," to be provided by the Borough,
which shall indicate where the property's recyclables were delivered
or picked up by whom. Such report shall provide information on the
type and amount of each material recycled.
(1)
The recycling report and all weigh slips obtained
from the facility or facilities to which the recyclables are delivered
or taken shall be submitted quarterly to the Borough. For purposes
of submitting such weigh slips and recycling reports quarterly to
the Borough, the private hauler who removed the recyclables from the
property may be the agent for the commercial, municipal and institutional
establishment and community activity sponsor or organizer and shall
be responsible for completing and submitting such to the Borough.
(2)
Each such quarterly recycling report shall be submitted
on or before the last day of the first month of each quarter for the
preceding quarter. Quarters shall run on a calendar year basis thus:
January through March; April through June; July through September;
and October through December.
A.
The landlord of every multifamily housing property
shall annually complete a form to be designated "Recycling Plan for
Multifamily Housing Properties," to be provided by the Borough, on
which the landlord shall set forth his planned method for removal
of recyclables.
(1)
One such plan shall be completed and submitted for
each property. All pertinent information requested on the plan shall
be provided prior to submission. Each such recycling plan shall set
forth the name and address of the landlord, the address of the property
to which the plan pertains, and the name and address of the private
hauler who regularly services the property.
(2)
The recycling plan shall further set forth the name
and business address of the employee or other person responsible for
arranging disposal or removal of municipal waste and recyclables within
the property, the method by which recyclables will be removed from
the property, who will remove the recyclables, and the destination
of the recyclables.
(3)
The recycling plan required hereby must be submitted
quarterly to the Borough at its designated office, and shall be acted
upon and either approved or disapproved by the Borough's designated
official within 60 days of proper filing thereof. If no action is
taken within 60 days, then the plan shall be deemed approved. Any
person required by this chapter to complete and submit a recycling
plan and obtain approval thereof, and who fails to do so, shall be
guilty of a violation of this chapter.
(4)
If, during any calendar year, the identity of the
landlord, the method of disposing of recyclables, or the identity
of the private hauler regularly servicing the property shall change,
then the landlord of such multifamily housing property shall, at the
time of such change(s), submit a revised recycling plan for the balance
of the calendar year, accurately setting forth such change(s).
B.
The landlord of every multifamily housing property
and every commercial, municipal and institutional establishment and
community activity sponsor shall complete a form to be designated
"Recycling Report," to be provided by the Borough, which shall indicate
where the property's recyclables were delivered or picked up by whom.
Such report shall provide information on the type and amount of each
material recycled.
(1)
The recycling report and all weigh slips obtained
from the facility or facilities to which the recyclables are delivered
or taken shall be submitted quarterly to the Borough. For purposes
of submitting such weigh slips and recycling reports quarterly to
the Borough, the private hauler who removed the recyclables from the
property may be the agent for the landlord, operator of the establishment
or sponsor of the activity and shall be responsible for completing
and submitting such to the Borough.
(2)
Each such quarterly recycling report shall be submitted
on or before the last day of the first month of each quarter for the
preceding quarter. Quarters shall run on a calendar year basis thus:
January through March; April through June; July through September;
and October through December.
A.
Private developments and property owners' associations
shall annually complete a form to be designated "Recycling Plan for
Private Developments to be provided by the Borough, on which the development
shall set forth a planned method for removal of recyclables. All recyclables,
which are required to be kept separate from municipal waste in residential
properties, either shall be collected curbside by the development
and delivered directly to a recycling center or shall be picked up
by an authorized private hauler separately from municipal waste, in
a prearranged manner, for the exclusive purpose of recycling.
(1)
One such plan shall be completed and submitted for
each development. All pertinent information requested on the plan
shall be provided prior to submission. Each such recycling plan shall
set forth the name and address of the development, and the name and
address of the private hauler or haulers who regularly service the
development, the method of municipal waste disposal utilized by the
development, if no private hauler is used, and in such case, where
the municipal waste is disposed of.
(2)
The recycling plan shall further set forth the name
and business address of the employee or other person responsible for
arranging disposition or removal of municipal waste and recyclables
within the property, the method by which recyclables will be collected
and removed from the property, who will remove the recyclables, and
the destination of the recyclables.
(3)
The recycling plan required hereby must be submitted
annually to the Borough at its designated office, and shall be acted
upon and either approved or disapproved by the Borough's designated
official within 60 days of proper filing thereof. If no action is
taken within 60 days, then the plan shall be deemed approved. Any
person required by this chapter to complete and submit a recycling
plan and obtain approval thereof, and who fails to do so, shall be
guilty of a violation of this chapter.
(4)
If, during any calendar year, the method of collecting
or disposition of recyclables, or the identity of the private hauler
regularly servicing the property shall change, then the development
shall, at the time of such change(s), submit a revised recycling plan
for the balance of the calendar year, accurately setting forth such
change(s).
(5)
Private developments and property owners' associations
shall be responsible to distribute recycling information outlining
program details to each household twice annually, once every six months,
compliant with the requirements of the Borough and Act 101. A copy
of said information shall be provided to the Borough at the time of
distribution.
B.
Each development shall complete a form to be designated
"Recycling Report," to be provided by the Borough, which shall indicate
where the property's recyclables were delivered or picked up by whom.
Such report shall provide information on the type and amount of each
material recycled.
(1)
The recycling report and all weigh slips obtained
from the facility or facilities to which the recyclables are delivered
or taken shall be submitted quarterly to the Borough. For purposes
of submitting such weigh slips and recycling reports quarterly to
the Borough, the private hauler who removed the recyclables from the
property may be the agent for the development and shall be responsible
for completing and submitting such to the Borough.
(2)
Each such quarterly recycling report shall be submitted
on or before the last day of the first month of each quarter for the
preceding quarter. Quarters shall run on a calendar year basis thus:
January through March; April through June; July through September;
and October through December.
A.
All private haulers shall submit to the Borough a
recycling report and all weigh slips obtained from the facility or
facilities to which the recyclables were delivered or taken. The weigh
slips shall indicate the weight of all recyclables collected from
within the Borough.
B.
Each such quarterly recycling report shall be submitted
on or before the last day of the first month of each quarter, for
the preceding quarter. Quarters shall run on a calendar year basis,
thus: January through March; April through June; July through September;
and October through December.
From the time of placement of residentially
generated recyclable items for collection in accordance with the terms
of this chapter, the items shall be and become the property of the
private hauler. It shall be a violation of this chapter for any person
unauthorized by the Borough to collect or pick up or cause to be collected
or picked up any such items. Any and each such collection in violation
hereof from one or more locations shall constitute a separate and
distinct offense punishable as hereinafter provided.
The presence of any articles containing a person's
name among municipal waste and recyclables shall create a refutable
presumption, for purposes of this chapter, that said municipal waste
or recyclables are, or were, the property of the person whose name
is found therein.
Any person accumulating or storing municipal
waste or recyclables on private or public property within the Borough,
including recyclables assembled within a development, for any purpose
whatsoever, shall place the same, or cause the same to be placed,
in a closed or covered sanitary container, in accordance with the
following standards:
A.
Containers used for the storage of municipal waste
shall be of plastic or metal construction, equipped with lids and
waterproof. All such containers shall be approved by the Borough.
B.
No person, except the occupants of the property on
which a waste container is placed, a private hauler, the Borough Zoning
Officer or such other person as the Borough may designate and/or a
duly authorized agent or representative of a property owners' association
or corporation recognized as such by the Borough, shall remove the
lids of the container and/or remove the contents thereof.
C.
All of the recyclables will be placed in the above-mentioned
containers. Prior to such placement, all plastic containers shall
have the tops removed. All containers shall be rinsed and cleaned
prior to placement in the recycling container for curbside pickup.
A.
Every owner of property or occupant thereof shall
contract with an individual, entity or firm which is an authorized
private hauler (consistent with the requirements of this chapter)
to have all municipal waste and designated recyclables generated on
the premises by any occupants of the premises removed for proper disposition
as provided for in this chapter and shall maintain proof of said contract
or services for a period of two years.
B.
No person other than an authorized hauler shall collect
or remove municipal waste or designated recyclables from any other
person's property unless otherwise provided for herein. All agreements
for collection, transportation and disposition of municipal waste
and/or recyclables shall be by private contract between the owner
or occupant of the property where the material is generated or on
their behalf by a properly authorized property owners' association
and the private hauler who is to collect it.
C.
Nothing herein shall limit the right of the Borough
to implement public collection of solid waste and/or recyclables either
by entering into contracts or by engaging in any collection practice
permitted by law.
D.
Nothing in this chapter shall modify the requirements
of this chapter pertaining to separation and collection of recyclables.
E.
Nothing in this chapter shall prohibit a duly organized
and registered property owners' association from collecting and assembling
municipal waste and/or curbside collected recyclables at a central
accessible location within the confines of its development for ultimate
collection as required herein.
A.
Any person transporting municipal waste within the
Borough shall prevent or remedy any spillage or leakage/prevention
of leakage from vehicles or containers used in the transport of such
municipal waste.
B.
All private haulers shall be required to collect and
remove municipal waste in motor-driven vehicles having enclosed, metal,
leak-proof bodies with metal covers made of such material as to prevent
the contents from escaping.
C.
The transfer of waste from one collection vehicle
to another may not take place in the Borough, except on private property
in those areas of the Borough designated for such by the Borough,
if any. No such transfer may take place on any public right-of-way,
and no such transfer operation may block traffic, create litter or
in any other manner constitute a nuisance, create a health hazard
or violate any other ordinance of the Borough or provision of statutory
law.
The Borough is hereby authorized to collect
municipal waste from the Borough property, to provide public litter
baskets in the Borough and to dispose of such waste in either a receptacle
of a private hauler or at designated disposal sites.
A.
It shall be unlawful for any person, except for litter
control and / or roadside clean-up personnel, and other persons licensed
by the State of Pennsylvania as per the amended Title 27 (Environmental
Resources), Waste Transportation Safety Program, of the Pennsylvania
Consolidated Statutes, to collect, haul, transport municipal waste
and recyclables. All such haulers shall comply with the provisions
of Title 27, as well as all federal, state, county and local laws
and regulations to collect and to transport waste of any nature or
recyclables within or from the Borough. Authorization to collect,
transport and for proper disposition of municipal waste or recyclables
or for whom one is acting as agent (as defined in this chapter) may
be given only by the State of Pennsylvania through the issuance of
a collector's license.
B.
Nothing in this chapter shall prohibit a duly organized
and registered property owners' association from assembling municipal
waste at a central accessible location within the confines of its
development for ultimate collection as required herein.
A.
Private haulers shall have an affirmative duty to
follow and conduct themselves in accordance with their current license
or permit and to service each of their customers in accordance with
their current license or to service each of their customers in accordance
with the requirements of this chapter, any failure of which shall
be a violation of this chapter.
B.
The private hauler shall have placed on the doors
or each side of the body of each vehicle the name of the hauler, the
telephone number of the hauler's office or headquarters, and the type
of waste being transported therein (or, if recyclables are being transported
therein, then such to be indicated). The size of such lettering shall
be no less than six inches in height and clearly legible. Vehicles
shall be so marked within 10 days after the commencement of their
use in the Borough.
C.
Private haulers shall be responsible for the manner
in which their employees perform work pertaining to collection, hauling
and disposition of municipal waste and recyclables under the terms
of this chapter.
D.
Private haulers shall be responsible for the maintaining
of vehicles used for collection in the Borough in good operating condition
to assure that the schedule of collections can be maintained. The
vehicles must be kept clean and painted so as to present a favorable
appearance. The Borough shall have the right to inspect all vehicles
collecting municipal waste or recyclables within the Borough
E.
Private haulers shall empty bulk containers (such
as dumpsters) which have been provided by them to their customers,
and when such bulk containers become full.
F.
Private haulers shall furnish and provide collection
and disposition of municipal waste, recyclables and/or leaf waste
in accordance with the terms of this chapter.
G.
Private haulers shall have the window sticker issued
for each vehicle with the license displayed on the vehicle for which
it is issued at the time the license is issued as directed by the
amended Title 27 (Environmental Resources), Waste Transportation Safety
Program, of the Pennsylvania Consolidated Statutes.
H.
Private haulers contracted for residential municipal
waste collection shall offer a variable rate pricing, a base price
for specified number of thirty-gallon containers of municipal waste.
Collection of municipal waste in excess of the base amount shall be
priced on specified incremental volumes or per thirty-gallon container.
I.
Private haulers shall pay all costs charged for the
use of any disposal facilities which they utilizes.
J.
Private haulers shall be responsible to distribute
recycling information outlining program details to each customer twice
annually, once every six months, compliant with the requirements of
the Borough and Act 101. A copy of said information shall be provided
to the Borough at the time of distribution.
K.
Any private hauler collecting municipal waste in the
Borough shall be required to advise the Borough in writing within
72 hours after requested as to whether an owner has a current contract
for municipal waste collection disposal. Furthermore all private haulers
shall cooperate with the Borough in providing information in the event
that an action is instituted to enforce the terms and conditions of
this chapter.
Any person granted a license by the State of
Pennsylvania shall not in any manner be construed as an agent, servant
or employee of Sayre Borough but shall, at all times, be considered
and remain an independent contractor. Likewise, no property owners'
association or corporation who assembles municipal waste or recyclables
within a development shall be construed as an agent, servant or employee
of Sayre Borough.
Any private haulers shall establish rates to
be charged to each occupant of the premises from which municipal waste
or recyclables shall be collected. The private hauler shall enter
into individual or separate contracts with each household or occupant
of the premises, without liability to or upon the Borough.
All private haulers shall be required to collect
and remove municipal waste and/or recyclables in motor-driven vehicles
having enclosed, metal, leak-proof bodies with metal covers or covers
made of such material as to prevent the contents from escaping.
Each private hauler shall have a valid agreement,
not subject to cancellation, covering the use of an appropriate disposal
facility in accordance with the Bradford County Waste Management Plan,
or such other law, as may be applicable, which governs the use and
maintenance of any such disposal facility.
All private haulers contracted for municipal
waste collection shall also provide such customers (residential, multifamily,
commercial, municipal and institutional) the service of removing designated
recyclables (as defined in this chapter) from their properties at
the curbside or an appropriate location on the premises. Any such
materials so removed by a private hauler shall be kept separate from
municipal waste and shall be taken to a facility for the specific
purpose of recycling. Failure to provide said services shall be a
violation of this chapter.
The Borough reserves the right, by resolution,
to direct recyclables and or leaf and yard waste to a designated facility.
No grant of vested right. The issuance of a
collector's license by the State of Pennsylvania shall not grant vested
right to any collector or a continued right to haul or collect municipal
waste, recyclables or leaf and yard waste in the Borough. The Borough
reserves the right to contract for municipal waste, recycling or leaf
and yard waste collection services or to initiate the public collection
of municipal waste, recyclables and/or leaf and yard waste.
No private hauler shall accept, pick up or remove
any bag or other container of municipal waste which the private hauler
knows, or has reason to believe, contains recyclables, combined with
municipal waste placed at curbside or otherwise placed for pickup.
The private hauler shall affix a tag or sticker (provided by the Borough)
to the container containing the recyclables, retain a copy for his
records and deliver a copy to the Borough within 48 hours. The tag
or sticker shall contain the address at which the container is located,
the nature of the suspected violation or the reason which led him
to believe that recyclable materials were in the municipal waste container
(e.g., visual observation or heard bottles and cans rattling). Once
the sticker or tag is affixed to the container it is to be left at
the location where it was originally placed.
No person shall terminate the services of a private hauler because of such private hauler's compliance with requirements set forth in § 135-30, above.
In the event any private hauler misses a pickup,
the private hauler shall collect from the missed location within 24
hours of notification from the missed resident, provided the resident
has abided by the terms of his/her contract with the private hauler.
Nothing contained herein shall impair or prohibit
any recognized civic, fraternal, charitable or benevolent organization,
association or society from undertaking or sponsoring voluntary programs
or projects involving the collection of recyclables from the public.
Any such collection activity can only occur prior to the recyclable
materials being placed at curbside or similar location for collection
by a private hauler. Prior to initiating such activity, the organization
shall obtain authorization from the Borough.
A.
Any person who shall violate any provision of this
chapter shall upon conviction thereof, be sentenced to pay a fine
of not less than $300 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 chapter continues
or each section of this chapter, which shall be found to have been
violated, shall constitute a separate offense. For purposes of this
chapter, the doing of an act or thing prohibited by any provision
of this chapter or the failure to do any act or thing or to which
any provision of this chapter creates an affirmative duty shall constitute
a violation of this chapter, punishable as herein stated.
B.
Private haulers who shall violate any provision of
this chapter may be reported to the State of Pennsylvania Department
of Environmental Protection, by the Borough, and may be subject to
revocation of state authorization to transport municipal waste, as
described in the amended Title 27 (Environmental Resources), Waste
Transportation Safety Program, of the Pennsylvania Consolidated Statutes.
C.
Sayre Borough shall designate a person or entity as
enforcement officer responsible for monitoring and enforcement of
this chapter.
The various headings used throughout this chapter
are intended only as an aid in its organization, in order to facilitate
ease of reading, and are not to be considered a substantive part of
this chapter. In this chapter, unless the context clearly indicates
otherwise, the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and neuter.
The provisions of this chapter are severable,
and if any section, clause, sentence, or provision thereof shall be
held illegal, invalid or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect or impair
any of the remaining sections, clauses, sentences, parts or provisions
of this chapter. It is hereby declared to be the intent of the Board
that this chapter would have been adopted if such illegal, invalid,
or unconstitutional section, clause, sentence, part or provision had
not been included herein.
All other ordinances or resolutions or any parts
thereof, which may conflict with or are inconsistent with this chapter,
are hereby repealed.
This chapter shall become effective immediate
upon enactment.
