[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 3-11-2003
by Ord. No. 2-2003. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Kutztown recycling
program" of the Borough of Kutztown.
The following words and phrases used throughout this chapter shall have
the following meanings:
The Municipal Waste Planning, Recycling, and Waste Reduction Act
of 1988, 53 P.S. § 4000.101 et seq.
All empty aluminum beer or soda cans.
Empty food or beverage cans consisting of steel and aluminum.
The Borough of Kutztown, Berks County, Pennsylvania.
The Borough Council of the Borough of Kutztown, Berks County, Pennsylvania.
The Manager of the Borough of Kutztown, Berks County, Pennsylvania.
The containers provided by the Borough for collection and storage
of designated recyclable materials.
The containers located at the Borough yard waste depot designated
as such for the deposit of leaf waste and grass clippings.
The entity or entities authorized by the Borough Council to collect
recyclable materials from residences, commercial establishments, and municipal
establishments within the Borough.
Those properties used primarily for commercial or industrial purposes.
Events that are sponsored by public or private agencies or individuals
that include, but are not limited to, fairs, bazaars, socials, picnics, shows,
and organized sporting events attended by 100 or more individuals per day.
Structural paper material with an inner core shaped in rigid parallel
furrows and ridges.
Those materials specified by the Borough Manager, or his designated
agent, to be source separated and placed for collection by a collector.
Empty steel or tin-coated food or beverage containers.
Empty bottles and jars made of clear, green, or brown glass. Expressly
excluded are drinking glasses, plate glass, automotive glass, light bulbs,
blue glass, porcelain, ceramic, and glass plates and dishes.
The material and debris that is cut in the process of lawn care and
maintenance.
All white paper, bond paper, and computer paper used in residential,
commercial, institutional, and municipal establishments.
Those facilities that house or serve groups of people, including,
but not limited to, hospitals, schools, nursing homes, and day-care centers.
Include, but are not limited to, automotive, truck, and industrial
batteries that contain lead.
Leaves, garden residues, shrubbery and tree trimmings, and similar
material, but specifically excluding grass clippings. For purposes of this
chapter, "leaf waste" shall also mean "yard waste."
Mail, folders, clean unwaxed food packaging and telephone books.
Any properties having three or more dwelling units per structure.
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
Any garbage, refuse, waste or other material, including solid, liquid,
semi-solid or containing gaseous material, resulting from operation of residential,
commercial, municipal, or industrial establishments and from community activities
and any sludge not meeting the definition of residual or hazardous waste in
the Solid Waste Management Act from a municipal, commercial, or institutional
water supply treatment plant, wastewater treatment plant or air pollution
control facility. The term does not include designated recyclable materials.
Paper of the type referred to as newsprint and distributed at fixed
intervals, having printed thereon news and opinions, containing advertisements
and other matters of public interest. Expressly excluded are newspapers which
have been soiled.
Owners, lessees, and occupants of residences and commercial, municipal
and institutional establishments.
Plastic beverage containers constructed of PET or HDPE material.
For the purposes of this chapter, "plastic containers" shall only refer to
soda, water, milk, and detergent containers constructed from PET or HDPE material.
Containers used to hold and store motor oil and bleach are specifically excluded
from the term "plastic containers."
Those materials capable of being separated, collected, processed,
recovered, or reused as part of a recycling program.
The separation, collection, recovery and sale or reuse of metals,
glass, paper, yard waste, and other materials which would otherwise be disposed
or processed as municipal waste or the mechanized separation and treatment
of municipal waste (other than through combustion) and creation and recovery
of reusable materials.
Any occupied single- or multifamily dwellings for which the Borough
provides municipal waste collection service.
The process of separating designated recyclable materials at the
point of origin by color and/or composition and storing the same in separate
containers for the purpose of being placed for collection.
The ongoing effort, of at least two annual publications, of the Borough of Kutztown to inform the general public concerning the requirements of this Chapter 172.
A material whose original purpose has been completed and which is
directed to a disposal or processing facility or is otherwise disposed.
Both leaf waste and grass clippings.
A.
The Borough Council hereby establishes a recycling program
for the mandatory separation and collection of designated recyclable materials
and the separation, collection, and disposal of yard waste from all residences
and all commercial, municipal, and institutional establishments located in
the Borough.
B.
The Borough Manager, or his designated agent, shall supervise
and manage the recycling program within the Borough and shall, from time to
time, set forth rules and regulations in addition to those set forth herein
for the collection of designated recyclable materials and yard waste. The
Borough Manager, or his designated agent, shall also establish a sustained
education program to educate Borough residents about the need for and methods
of the Kutztown recycling program.
C.
All designated recyclable materials accumulated in the
Borough shall be collected, conveyed and deposited at a Pennsylvania Department
of Environmental Protection approved recycling center by a Borough collector
or by a collector engaged by the Borough. Collection of designated recyclable
materials within the Borough shall be made at least one time each month.
D.
All yard waste accumulated in the Borough shall be recycled
in accordance with the guidelines created hereunder.
E.
The Borough Manager, or his designated agent, shall establish
a list of designated recyclable materials to be distributed to persons within
the Borough as well as a collection schedule for residential collection within
the Borough and make the same available to all residents of the Borough at
the beginning of each calendar year. A collection schedule for commercial
collection of designated recyclable materials shall also be established and
made available to commercial establishments within the Borough.
F.
The Borough shall not remove any lead acid batteries
or other items placed for collection which constitute a hazardous material,
medical waste or infectious waste as those terms are defined by the Pennsylvania
Department of Environmental Protection. The Borough reserves the right to
inspect all items placed for collection and to reject any items not specifically
listed by the Borough as designated recyclable materials.
A.
All persons residing and maintaining property within
the Borough shall source separate all designated recyclable materials from
all other municipal waste produced at their homes, apartments, other residential
establishments, and commercial or industrial establishments, store such materials
for collection, and place same for collection in accordance with the guidelines
established hereunder.
B.
Separation. All designated recyclable materials shall
be source separated by the persons accumulating the same as follows:
(1)
All aluminum cans shall be drained and placed in a separate
Borough recycling container.
(2)
All glass containers shall be source separated by color
and placed in separate Borough recycling containers.
(3)
All newspaper and high-grade office paper shall be tied
in bundles or placed in paper bags.
(4)
All mixed paper shall be tied in bundles or placed in
paper bags.
(5)
All corrugated paper / cardboard shall be flattened and
tied in bundles or placed in a separate corrugated paper / cardboard box.
(6)
All plastic containers shall be drained and placed in
a separate Borough recycling container.
(7)
Recyclable materials placed in Borough recycling containers,
tied in bundles, or placed in paper bags shall not exceed 50 pounds in weight.
C.
Collection. All designated recyclable materials to be collected by the Borough shall be placed for collection at the regular point of collection for municipal waste as defined in § 185-3 of Chapter 185 of the Code of the Borough of Kutztown, entitled "Solid Waste," no sooner than 12 hours prior to the scheduled date and time of collection.
No part or parts of this Chapter 172 shall prohibit any person(s) from source separating, collecting and recycling any recyclable materials, recycling the same and collecting any revenues generated therefrom. However, any person(s) within the Borough engaging in their own private recycling program must comply with the following:
A.
Such person(s) must recycle, at a minimum, all designated
recyclable materials, yard waste and grass clippings;
B.
All such recyclable material must be deposited at a recycling
center approved as such by the Pennsylvania Department of Environmental Protection;
and
C.
Such person(s) must annually provide written documentation
of the type of material(s) recycled and the total number of tons of each recycled
to the Borough.
A.
Persons generating and accumulating yard waste and grass
clippings within the Borough shall:
(1)
Collect, transport and deposit the same in the Borough
yard waste dumpster located at the Borough yard waste recycling depot at any
time throughout the year; or
(2)
Collect, store and place leaf waste only for collection
on the date and time designated by the Borough Superintendent for Borough
collection of leaf waste; or
(3)
Collect and compost all yard waste in accordance with
guidelines established by the Pennsylvania Department of Environmental Protection.
B.
Only yard waste generated and accumulated within the
Borough shall be deposited in the Borough yard waste dumpster. Commercial
landscapers and/or lawn care providers shall not deposit yard waste in the
Borough yard waste dumpster. Tree limbs, large shrubbery and large bushes
shall not be deposited in the Borough yard waste dumpster unless cut into
lengths not to exceed six feet.
A.
Persons shall not place any designated recyclable materials
or yard waste for collection with regular municipal waste.
B.
No person shall place designated recyclable materials
for residential collection more than 12 hours in advance of the date and time
for the scheduled residential collection. Leaf waste may be placed 48 hours
in advance.
Any person that fails to take corrective action upon a notice of violation
shall, upon conviction for such violation, pay a fine of not less than $50
nor more than $600, and in default of such payment shall be imprisoned in
the Berks County Prison for a period not exceeding 30 days.
