[HISTORY: Adopted by the Borough Council of the Borough of East Greenville 12-6-2021 by Ord. No. 2021-07.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 44.
Nuisances — See Ch 56.
[1]
Editor's Note: This ordinance also repealed former Ch. 47, Garbage and Refuse Disposal, which consisted of Article I, General Regulations, adopted 6-6-1966 by Ord. No. 8-66, as amended; and Article II, Recycling, adopted 7-25-2017 by Ord. No. 2017-03.
The following words, as used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
BULK ITEM
An individual combustible or noncombustible article which the owner or occupier of a unit seeks to dispose of and which, because of size or weight, is too large for containment in the toter provided by the Borough or its contracted collector. Such articles shall include discarded furniture, small household appliances and fixtures, and other such items, but shall specifically exclude tires, construction material, glass doors, and windows. The size and weight of bulk items subject to collection shall be limited to those that reasonably can be lifted by two persons.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
PERSON
An individual, corporation, partnership or any other group acting as a unit.
REFUSE
Garbage and rubbish, as herein defined.
RUBBISH
Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, grass, crockery and dust and other similar materials. Wood, as that word is defined in § 58-1 of this Code, shall not be considered to be rubbish.
UNIT
One household, one apartment, business establishment or location entitled to the collection and disposal services authorized by this article or subsequent amendments thereto.
All refuse for residential properties in the Borough of East Greenville shall be collected, conveyed and disposed of by the Borough of East Greenville. All residential properties shall dispose of refuse by the municipal collection service only, and no person shall transport or dispose of refuse by any means not approved by this article. Properties controlled by homeowners' associations, and properties containing four or more residential units may be exempted from the foregoing requirement at the discretion of the Borough.
Borough Council is authorized hereby to contract for the performance of the service provided by this article and to award a contract therefor from time to time for such periods of time as shall be determined by Borough Council. Such contract shall require the contractor to assume all responsibility for the collection of refuse in the Borough of East Greenville in accordance with the provisions of this article and all regulations, orders and specifications provided under the authority thereof, and to convey, dump and dispose in a lawful manner all such refuse beyond and outside the boundaries of the Borough of East Greenville in a lawful place, and to fix and regulate, in a manner not inconsistent with the terms of this article, the manner, method and time of collecting and conveying refuse, the type of equipment required for the purpose and the price to be paid for the performance of said contract and the time or times for the payment thereof.
The collection of refuse in the Borough of East Greenville and the disposal thereof shall be under the supervision of the Borough Council and/or its designated representative. The Borough Council shall have authority to make regulations concerning the hours and days of collection and such other matters pertaining to the collection and disposal as it may deem advisable and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. An aggrieved person shall have the right to appeal against any regulations or order made by the Borough Council to the Borough Council, and the latter may confirm, modify or revoke any such regulations or order; provided, however, that no such appeal to the Borough Council shall be permitted as to any regulation contained in this article.
A. 
Preparation for collection of refuse for residential properties shall occur in the roll-out containers provided by the Borough or its contracted collector and designated for refuse. Refuse not placed in the containers provided by the Borough or its contracted collector shall not be collected and must be placed in the appropriate container by the property owner or occupier. Refuse containers provided by the Borough or its contracted collector shall be used only for the disposal of refuse from the assigned residence(s) on the property. In the event that the container provided by the collector or Borough is damaged, altered, lost or destroyed through the negligence of the person to whom the container was assigned, the person shall reimburse the Borough or its contracted collector for the cost of a replacement container. All containers must be kept clean by the customer. Refuse shall be placed inside the container with the lid closed. Use of the containers for any purpose other than the disposal of refuse from the assigned residence or use of the containers by a person other than the person allocated such container(s) shall be a violation of this chapter.
B. 
Placement of refuse containers. Refuse containers shall be placed at the curb or street line or at an area designed by the Borough, separate from recyclable materials for collection, at such times and dates as may hereinafter be established by regulation. Refuse containers shall not be placed in a location that obstructs a public sidewalk or which impedes traffic or interferes with clear vision for motorists. Containers shall be placed in a manner so they are easily accessible to the collection vehicle.
C. 
Times for placement and removal of containers. Refuse containers shall be stored on the owner's property and shall not be placed at the curb or street line, or at an area otherwise designated by the Borough, for collection before 6:00 p.m. on the evening preceding a scheduled collection day. Empty containers shall be removed from the curb by 10:00 p.m. on the day of collection. Containers shall not be kept at the curb or street line or other area otherwise designated by the Borough between scheduled collections.
D. 
All collection containers are to remain the property of the contracted collector or Borough and are to be used exclusively for the purpose of the Borough's refuse collection program. In the event there is a change in occupancy at the location where the container is issued, the container shall be given to the new occupant to remain at the location. In the event the owner occupant does not have a ninety-six-gallon collection container, it will be the property owner's responsibility to replace the container. The cost to replace the containers shall be established and revised by resolution of Borough Council from time to time.
The Borough Council is authorized to arrange date schedules for the collection of refuse and shall give public notice thereof. Such schedules shall provide for a single collection for each and every week throughout the year. No collection shall be made on Sundays or on any of the following holidays: New Year's Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. All collections shall be scheduled and shall be made in conformity with such schedule between the hours of 6:00 a.m. and 1:00 p.m., provided that collections may be made after 1:00 p.m. to complete a day's schedule when unusual conditions or emergencies reasonably justify a time extension for a particular day, unless a different time shall be specified by the Borough Council, in which event the latter determined time shall be controlling. In the instance that a scheduled day of collection shall fall upon one of the herein specified holidays, then collection shall occur on the following day during the normal collection hours as herein set forth.
Bulk items shall be disposed of in accordance with the provisions of this article and regulations adopted thereunder, personally or by arrangement with the person or firm holding the then-current contract with the Borough of East Greenville to perform such services within the Borough. The making of a contract or arrangement for the collection, conveyance and disposal of refuse from any location within the Borough with any unauthorized person or firm shall constitute a separate and distinct violation of this article by each party thereto, and each shall be subject to the penalties hereinafter provided. Bulk items shall be placed for collection in the same manner as refuse containers pursuant to § 47-5 and shall be placed for collection no earlier than 6:00 p.m. on the day before the pre-scheduled day and time for collection as agreed to between the property owner or occupier and collector.
The Borough Council is authorized to make regulations concerning the hauling of refuse collected outside the Borough of East Greenville over the streets of the Borough of East Greenville.
No refuse shall be hauled over the streets of the Borough of East Greenville except in a watertight vehicle provided with a tight cover so as to prevent offensive odors from escaping therefrom and refuse from being blown, dropped or spilled therefrom.
No refuse shall be dumped or disposed of within the limits of the Borough of East Greenville.
Ownership of refuse set out for collection shall be vested in the Borough of East Greenville until such time as the same shall be collected from the containers into the vehicle of the contractor, at which time it shall become the property of the contractor.
On and after the date of the award of a contract for collection service pursuant to the authority contained in § 47-3 hereof it shall be unlawful:
A. 
For any person to collect, convey over any of the streets or alleys of the Borough of East Greenville or dispose of any refuse accumulated in said borough in any manner not approved of in this article or subsequent regulations.
B. 
For any person to place any refuse in any street, alley or other public place or upon private property, whether owned by such person or not, within the Borough, except in proper receptacles for collection and at the time and in the manner provided for herein. No person shall throw or deposit any refuse in any stream or other body of water.
C. 
For any person to allow any accumulation of refuse on any premises in the Borough of East Greenville other than for the purpose of collection in the manner provided by this article or by special regulation of Borough Council. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove an unauthorized accumulation of refuse within 15 days of notice to either the occupant or the owner shall be deemed a separate violation of this article by either or both of such persons.
D. 
For any person, other than the occupants of the premises on which refuse receptacles are stored or the collector, to open the covers/lids of any of the refuse receptacles or to remove the refuse stored in such containers.
E. 
To place in any containers provided for regular collection any highly flammable or explosive refuse or any wearing apparel, bedding or refuse from premises where highly infectious or contagious diseases have prevailed.
F. 
For any person to burn any refuse outside of any building.
G. 
For any person to burn any refuse within the Borough of East Greenville except upon a showing of undue hardship, if found to exist by a determination of the Borough Fire Marshal, and upon a written permit to do so approved by the Borough Fire Marshal. Such burning shall be permitted only in accordance with the provisions and conditions set forth upon such permit and only by means of incineration inside a building and under conditions that are safe and free from hazards of fire to such building and surrounding buildings. The emission of any smoke, fumes or odors resulting from such burning shall be sufficient cause for revocation forthwith of such permit. Burning conducted contrary to the terms and conditions of such permit or in an unsafe manner or so as to emit smoke, fumes or odors shall be deemed to be a separate violation of this article.
H. 
For any person to place for collection refuse in containers other than in the containers provided by the collector or Borough pursuant to this article.
I. 
For any person to place any refuse for collection in any street, alley or other public place or private property, whether owned by such person or not, within the Borough in a manner inconsistent with the time, place, and manner restrictions and requirements of § 47-5 of this article.
Every applicant for a permit to burn, as provided by § 47-12G, and for every renewal thereof, shall pay an application fee as set by resolution of Borough Council to the Borough Treasurer for inspection and policing thereof, any balance thereof to go into the general funds of the Borough.
Nothing in this article shall be construed to prevent the burning at practice drills of such articles and at such locations as may be approved by the Mayor if such burning shall be done in the presence and under the direct supervision of the Fire Chief of the East Greenville Fire Company.
A. 
The Borough will pay from its general revenues as set aside in its budget the expenses incident to collection of one ninety-six-gallon container of refuse at each collection time from every unit subject to this article.
B. 
Bulk items may be collected by separate arrangement between the owner or occupier of a unit subject to this article and the then-current contractor for the Borough of East Greenville to perform such services. The owner or occupier of the property from which such bulk item is collected shall be solely responsible for payment of the person or firm that collects the bulk item. The hauler holding the then-current contract for collection, conveyance and disposal of refuse in the Borough of East Greenville shall not look to the Borough for compensation in the collection of bulk items and shall bill the owner or occupier directly. Such costs for collection of bulk items by the then-current contractor for the Borough of East Greenville to perform such services shall be as set by the current contract between the contractor and the Borough.
C. 
One additional ninety-six-gallon container of refuse may be collected from a unit subject to this article (for a total of two ninety-six-gallon containers of refuse for that unit) by separate arrangement between the owner or occupier of a unit subject to this article and the then-current contractor for the Borough of East Greenville to perform such services. The owner or occupier of the property from which such additional container of refuse is collected shall be solely responsible for payment for the additional container of refuse. The hauler holding the then-current contract for collection, conveyance and disposal of refuse in the Borough of East Greenville shall not look to the Borough for compensation in the collection of such additional refuse container and shall bill the owner or occupier directly. Such costs for collection of the additional refuse container shall be as set by the current contract between the then-current contractor and the Borough. The owner or occupier of a unit subject to this article may not contract separately with any other person other than the then-current contractor for the Borough for collection of refuse (other than bulk items, as set forth in § 47-15B).
Except for the provisions provided for in § 47-17, any person who shall violate any provision of this article shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not to exceed 30 days, or both, at the discretion of the Court.
A. 
The fees for the collection or disposal of refuse and penalties for late payment shall be determined from time to time by resolution of the Borough Council of the Borough of East Greenville; public notice of the fee schedule shall thereupon be made.
B. 
All bills for the collection and disposal of refuse shall be rendered quarterly and shall be immediately due and payable upon billing. All checks shall be payable to the Borough Secretary. Should an account be delinquent in any amount at the conclusion of each calendar year (i.e. by December 31 of each year): 1) penalties shall be imposed pursuant to the resolution referenced in § 47-17A and 2) notice shall be provided by the Borough setting forth the amount due, with penalties, and the date on which any unpaid bill and penalties will be referred to the Borough Solicitor if not paid in full. Should any outstanding amount not be paid in full within 60 days of notice, as set forth in the foregoing sentence, the account shall be referred to the Borough Solicitor with instructions to proceed for the collection of such unpaid charges, together with all penalties thereon, and the same shall be collected by an action of assumpsit in the name of the Borough against the owner of the property charged or by a lien filed in the nature of a municipal lien against the subject property or in any other manner provided by the law.
The short title of this article shall be the "East Greenville Borough Recycling Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Any empty all-aluminum beverage and food containers.
BI-METAL CANS
Any empty food or beverage containers consisting of ferrous sides and bottom, and aluminum top. (See also "tin cans.")
BOROUGH RECYCLING COMMITTEE
A committee of three members of the Borough Council, appointed by the Borough Council President to implement the terms of this article.
CHIPPING
The act of turning solid wood into a small, slender piece of wood, separated by mechanical chopping, cutting, or breaking.
COMMERCIAL ESTABLISHMENT
Properties used primarily for commercial or industrial purposes.
CORRUGATED PAPER
Any structural paper material with an inner core shaped in rigid parallel furrows and ridges.
GLASS BOTTLE AND BEVERAGE CONTAINERS
Any bottles and jars made of clear or colored glass.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments.
INSTITUTIONAL ESTABLISHMENT
Facilities that house or serve groups of people, e.g., hospitals, schools, day-care, nursing homes, etc.
LEAF WASTE
Leaves from trees and garden residues, but not including grass clippings.
MULTIFAMILY HOUSING PROPERTIES
Any properties having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Municipality and other governmental and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or 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[1] from municipal, commercial or institutional water supply treatment plant, waste water treatment plant or air pollution control facilities. The term does not include source-separated recyclable.
MUNICIPALITY
East Greenville Borough.
PERSON(S)
Any individual, cooperative, enterprise, corporation, association, institution, municipality, municipal authority, federal government or agency, state institution or agency, or other legal entity whatsoever 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.
RECYCLABLE MATERIALS
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.
RECYCLING CONTAINERS
Those durable containers used by each residential dwelling unit for separating and storing recyclables until they are collected by the proper collection agency of the Borough. Recycling containers shall be of such type and design as to prevent materials from blowing out of the container. The container size is limited to no more than 96 gallons in capacity.
RESIDENTIAL DWELLINGS
Any occupied single-family dwelling or multifamily dwelling containing less than four dwelling units.
RESIDENTS
Any person residing within the boundaries of the Borough of East Greenville.
SOURCE SEPARATED
Separated from municipal waste at the point of origin.
TIN CANS
Any empty food or beverage containers consisting of ferrous sides and bottom and top. (See also "bi-metal cans.")
YARD MATERIALS
Prunings, branches, and other natural organic matter discarded from yards and gardens, including leaf waste, but not including grass clippings, and branches. Prunings and branches shall not have a diameter greater than two inches.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
All residents shall separate recyclable materials from municipal waste generated at their homes, apartments and other residential establishments and shall properly store such material until collection. All recyclables shall be free of contamination.
All recyclable materials separated from municipal waste for residential properties in the Borough of East Greenville shall be collected, conveyed, and processed by the Borough of East Greenville. Properties controlled by homeowners' associations, and properties containing four or more residential units may be exempted from the foregoing requirement at the discretion of the Borough.
Borough Council is authorized hereby to contract for the performance of the service provided by this article and to award a contract therefor from time to time for such periods of time as shall be determined by Borough Council. Such contract shall require the contractor to assume all responsibility for the collection of recyclable materials in the Borough of East Greenville in accordance with the provisions of this article and all regulations, orders and specifications provided under the authority thereof, and to convey and process in a lawful manner all such recyclable materials beyond and outside the boundaries of the Borough of East Greenville in a lawful place, and to fix and regulate, in a manner not inconsistent with the terms of this article, the manner, method and time of collecting and conveying recyclable materials, the type of equipment required for the purpose and the price to be paid for the performance of said contract and the time or times for the payment thereof.
The collection of recyclable materials in the Borough of East Greenville and the processing thereof shall be under the supervision of the Borough Council and/or its designated representative. The Borough Council shall have authority to make regulations concerning the hours and days of collection and such other matters pertaining to the collection and processing as it may deem advisable and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. An aggrieved person shall have the right to appeal against any regulations or order made by the Borough Council to the Borough Council, and the latter may confirm, modify or revoke any such regulations or order; provided, however, that no such appeal to the Borough Council shall be permitted as to any regulation contained in this article.
A. 
Preparation for collection of recyclable materials for residential properties shall occur in the roll-out containers provided by the Borough or its contracted collector and designated for recycling. Recyclable materials shall be source separated before being placed in the designated roll-out container. Recycling not placed in the containers provided by the Borough or its contracted collector shall not be collected and must be placed in the appropriate container by the property owner or occupier. Recycling containers provided by the Borough or its contracted collector shall be used only for recycling for the assigned residence(s) on the property. In the event that the container provided by the collector or Borough is damaged, altered, lost or destroyed through the negligence of the person to whom the container was assigned, the person shall reimburse the Borough or its contracted collector for the cost of a replacement container. All containers must be kept clean by the customer. Recyclable materials shall be placed inside the container with the lid closed. Use of the containers for any purpose other than the recycling of recyclable materials from the assigned residence or use of the containers by a person other than the person allocated such container(s) shall be a violation of this chapter.
B. 
Placement of recycling containers. Recycling containers shall be placed at the curb or street line or at an area designed by the Borough, separate from municipal solid waste for collection, at such times and dates as may hereinafter be established by regulation. Recycling containers shall not be placed in a location that obstructs a public sidewalk or which impedes traffic or interferes with clear vision for motorists. Containers shall be placed in a manner so they are easily accessible to the collection vehicle.
C. 
Times for placement and removal of containers. Recycling containers shall be stored on the owner's property and shall not be placed at the curb or street line, or at an area otherwise designated by the Borough, for collection before 6:00 p.m. on the evening preceding a scheduled collection day. Empty containers shall be removed from the curb by 10:00 p.m. on the day of collection. Containers shall not be kept at the curb or street line or other area otherwise designated by the Borough between scheduled collections.
D. 
Each person or entity who, by contract with a household, an establishment or the Borough collects and transports recyclable materials and newspapers, shall screen and inspect all such materials collected to the extent necessary to prevent the collection of municipal wastes, hazardous waste and other wastes that are not recyclable materials and newspapers.
E. 
Containers shall not be overflowing with recyclable materials.
F. 
Electronics shall not be placed out for collection at any time. All electronic equipment and waste shall be disposed of in accordance with the laws of the Commonwealth of Pennsylvania. Placement of electronic waste for collection shall be a violation of this article.
G. 
All collection containers are to remain the property of the contracted collector or Borough and are to be used exclusively for the purpose of the Borough's recycling collection program. In the event there is a change in occupancy at the location where the container is issued, the container shall be given to the new occupant to remain at the location. In the event the owner occupant does not have a ninety-six-gallon collection container, it will be the property owner's responsibility to replace the container. The cost to replace the containers shall be established and revised by resolution of Borough Council from time to time.
The Borough Council is authorized to arrange date schedules for the collection of recyclable materials and shall give public notice thereof. Such schedules shall provide for a single collection for each and every week throughout the year. No collection shall be made on Sundays or on any of the following holidays: New Year's Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. All collections shall be scheduled and shall be made in conformity with such schedule between the hours of 6:00 a.m. and 1:00 p.m., provided that collections may be made after 1:00 p.m. to complete a day's schedule when unusual conditions or emergencies reasonably justify a time extension for a particular day, unless a different time shall be specified by the Borough Council, in which event the latter determined time shall be controlling. In the instance that a scheduled day of collection shall fall upon one of the herein specified holidays, then collection shall occur on the following day during the normal collection hours as herein set forth.
A. 
All residents must separate leaf waste and yard materials from other municipal waste generated at their houses, apartments and other residential establishments and/or church facilities for collection, unless provision is made for composting such material.
B. 
Separated yard materials shall be placed for collection where recyclable materials and municipal waste is placed for collection. Yard materials placed in plastic or other bags or raked or piled in areas where municipal refuse is not placed for collection or removal will not be accepted.
C. 
Grass clippings will also not be accepted.
D. 
Borough Council shall provide for the collection of leaf waste on an annual basis including instructions for collection, delivery, bagging and/or drop off as necessary.
E. 
The burning of yard waste is prohibited unless used for agricultural purposes.
A. 
As directed by Borough Council, at its option, the Borough shall collect and chip branches during the time period of April through October of each year. Generally, the scheduled pickup day for chipping shall be Monday, but as required, i.e., due to demand or inclement weather, pickup may occur later in the week.
B. 
Branches shall be placed for collection in the same location as recycling containers, as set forth in § 47-26C.
C. 
Collection at each location for each collection date shall not exceed 10 minutes. Materials not collected within 10 minutes shall be removed by the owner/occupier in the same manner as is required for recycling containers pursuant to § 47-26C.
D. 
Branches placed for collection shall be stacked/organized in an orderly fashion as close to the designated collection location as possible to save pickup time. Smaller branches may be placed inside a container.
E. 
Branches placed for collection shall be less than two inches in diameter.
F. 
Downed trees will not be removed by the Borough.
G. 
All soil and dirt shall be removed from all plant roots prior to placement for collection.
H. 
No boards, lumber, vines, roots, flowers, weeds, leaves, bush trimmings, branches with fruit, dried flowers, grass clippings, or weeds shall be placed out for chipping.
I. 
Christmas trees shall be chipped during the month of January only. All decorations and tree stands shall be removed from Christmas trees prior to placement for collection.
The owner, landlord or an agent of an owner or landlord of multifamily housing properties shall establish a collection system for recyclable materials and newspapers at each property. Suitable containers for collecting and sorting recyclable materials and for collecting and storing newspapers shall be provided by the owner, landlord or agent thereof, in locations as easily accessible as those provided for municipal wastes. Additionally, written instructions shall be provided to the occupants of multifamily housing properties concerning the use and availability of the collection system.
A. 
Those commercial, municipal or institutional establishments that, as of the date of this article, have otherwise provided for the recycling of materials required by this section to be recycled may request to be exempt from the requirements hereof. Any establishment seeking such an exemption must apply for an exemption to the Borough Council of the Borough. An exemption shall be granted if the applicant shows the following:
(1) 
High-grade office paper, aluminum, corrugated paper and glass containers are removed from the stream of waste at either the point of generation of waste or by other separation procedures, which shall be described in detail in the application;
(2) 
The separated materials are brought to a center, which shall be identified in the application, for either processing or packaging to return the material to the stream of commerce; and
(3) 
The amount of waste, and the amount of materials separated from the waste for recycling, during the preceding 12 months of operation, or such shorter period as the operation may have been in effect prior to enactment of this article.
B. 
Any establishment that is granted an exemption must annually provide written documentation to the Borough Council of the total number of tons recycled.
It shall be a violation of this article for any unauthorized person to collect, pick up, or cause to be collected or picked up, any materials required by this article. All collectors must possess a valid disposal permit. Nothing in this article shall be deemed to impair the ownership of any materials required by this article to be recycled by the persons generating such materials unless they are placed at curbside or other designated locations for collection.
It shall be a violation of this article for any person to transport any recyclable materials or newspapers to any facility outside the Borough not approved and licensed for the collection of recyclable materials.
The Borough Council of the Borough is authorized and directed to enforce this article and to delegate the enforcement of the provisions of this article. Borough Council is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days, and times for the collection of materials required to be recycled hereunder, in accordance with the terms hereof. Borough Council may change, modify, repeal, or amend any portion of said regulations at any time. The Borough reserves the right to inspect cans and containers to ensure recyclable materials are appropriate, and to leave noncompliant materials at the curb. The Borough also reserves the right to refuse to collect any contaminated recycling materials.
Any person or entity subject to this article violating any provision of this article shall be subject to a penalty not to exceed $600.