[Adopted 5-12-1992 as Ord. No. 5-1992]
This article shall be known as the "Upland Borough
Recyclable Waste Separation and Collection Ordinance."
As used in this article, the following words
or terms are defined as set forth hereinafter:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act, Act 101 of 1988.[1]
Empty all-aluminum beverage and food containers.
All empty beverage and food containers made of a metal other
than aluminum.
The Borough of Upland.
The Council of the Borough of Upland.
That location on any residential dwelling property from which
the Borough has authorized the collection of municipal waste pursuant
to the provisions of this article.
All empty bottles and jars made of clear, green or brown
glass, but does not mean or include noncontainer glass, plate glass,
blue glass, porcelain products and ceramic products.
Any individual, firm, corporation, association, partnership
and/or other legal entity.
Only those plastics and/or plastic materials classified as
HDPE and PET.
Solid waste consisting of newspapers, as defined in this
article, aluminum cans and such other waste materials as may be designated
in the future by a duly enacted resolution of the Borough Council.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
Pursuant to the provisions of the Act, the purpose
of this article is to facilitate the disposal of solid waste generated
within the Borough in the most economical and environmentally accepted
manner, to reduce the total amount of solid waste disposed of by the
Borough and by other collectors as provided herein and to protect
and to promote the health, welfare and safety of the Borough and its
residents.
As mandated by the Act, the Borough hereby establishes
a program for the mandatory separation of recyclable waste and of
recyclable paper products from solid waste by the owner, landlord,
tenant, occupant and/or his, her or their agent of all residential
dwellings, all multifamily dwellings and all commercial, industrial
and institutional establishments in the Borough and for the collection
of such recyclable waste and of recyclable paper products by the Borough
or by other collectors, as the case may be.
A.
Residential dwellings.
(1)
All owners, landlords, tenants, occupants and/or his,
her or their agent shall be obligated to and shall be responsible
for the separation of recyclable waste from all residential solid
waste and for the placement of the same for collection as follows:
(a)
All recyclable waste shall be completely cleaned
and rinsed of all contents thereof and shall be placed in separate
containers supplied by the Borough for collection of recyclable waste.
Also, all caps shall be removed from glass containers before their
placement into such collection containers.
(b)
No solid waste other than recyclable waste shall
be placed in such containers supplied by the Borough for the collection
of recyclable waste.
(c)
Such recyclable waste containers shall be placed
at the collection location as directed by the Borough so that such
recyclable waste can be collected.
(d)
At all times, such recyclable waste containers
shall be kept in a clean and sanitary condition and shall not be kept
in violation of any health laws or codes of the Borough.
(2)
The Borough is hereby empowered to designate the day
of the week on which recyclable waste products shall be collected
and removed from a particular area. The same shall not be collected
or removed from any area except on the day of the week so designated
by the Borough. Ownership of all recyclable waste and/or paper products
placed at a collection location shall vest in the Borough.
B.
Multifamily dwellings. All owners, landlords, tenants, occupants and/or his, her or their agent of multifamily dwellings shall establish a separation program and a collection procedure for recyclable waste products which shall be submitted to and approved by the Borough. Such separation program and collection procedure shall at least meet the requirements set forth in Subsection A hereinbefore. The collection procedure must provide for suitable and sanitary containers for sorting and collecting the recyclable waste, which containers must be located in accessible locations. Once said separation program and collection procedure has been approved by the Borough, written instructions thereof shall be given to each and every occupant who is obligated to comply therewith. Annually, as directed by the Borough, the Borough shall be provided with written documentation of the separation program and collection procedure then in existence and of the total number of tons of recyclable waste products which have been collected and recycled for the prior twelve-month period or any portion thereof.
C.
Commercial, industrial and institutional establishments. All owners, landlords, tenants, occupants and/or his, her or their agent of commercial, industrial and institutional establishments shall establish a separation program and a collection procedure for recyclable waste products which shall be submitted to and approved by the Borough. Such separation program and collection procedure shall at least meet the requirements set forth in Subsection A hereinbefore. The collection procedure must provide for suitable and sanitary containers for sorting and collecting the recyclable waste, which containers must be located in accessible locations. Once said separation program and collection procedure has been approved by the Borough, written instructions thereof shall be given to each and every occupant who is obligated to comply therewith. Annually, as directed by the Borough, the Borough shall be provided with written documentation of the separation program and collection procedure then in existence and of the total number of tons of recyclable waste products which have been collected and recycled for the prior twelve-month period or any portion thereof.
A.
It shall be unlawful for any person other than the
Borough or its designee to collect recyclable waste products from
any residential dwelling without first applying for and obtaining
a permit therefor from the Borough as provided hereinafter.
B.
It shall be unlawful for any person to collect recyclable
waste products from any multifamily dwelling and/or any commercial,
industrial and institutional establishment without first applying
for and obtaining a permit therefor from the Borough as provided hereinafter.
C.
Any person desiring to collect recyclable waste products as provided in Subsections A and B above shall file with the Borough a written application for a permit allowing such collection, which application shall include the following.
(1)
All relevant information concerning the applicant,
including but not limited to the applicant's name, business address,
business telephone number, business experience, business references,
number of employees and number of collection vehicles.
(2)
A detailed description of the residential dwelling(s),
the multifamily dwelling(s) and/or the commercial, industrial and
institutional establishment(s) from which the recyclable waste products
are to be collected, including the name, address and telephone number
of the owner, landlord, tenant, occupant and/or his, her or their
agent, as the case may be, the location from which the same is to
be collected, the amount to be collected, and days and times such
collection is to take place and the of recyclable waste containers
to be used.
(3)
The name, address and telephone number of the person(s)
to which the recyclable waste products are to be delivered and/or
sold.
(4)
A copy of the contract under which the applicant is
seeking to collect the recyclable waste products.
(5)
Payment of a permit fee as set forth by resolution
of the Borough Council per contract or property if more than one property
is included in the contract, which fee is hereby imposed for the issuance
of any permit hereunder. Any initially issued permit shall expire
at the end of the calendar year in which it is issued without the
abatement in the permit fee. Prior to December 31 of the initial calendar
year and every calendar year thereafter, if such initial permit has
been continuously renewed, any initially issued permit can be renewed
for the following calendar year by filing with the Borough a written
application for renewal setting forth the same information requested
in the initial application and by the payment of an annual renewal
permit fee as set forth by resolution of the Borough Council per contract
or per property if more than one property is included in one contract.
[Amended 12-10-1996 by Ord. No. 9-1996]
Except when permitted and/or authorized by the
Borough, it shall be unlawful for any person to commingle and/or to
mix recyclable waste products and/or any other solid waste when separating
the same, when placing the same for collection, when collecting the
same and/or when transporting the same after collection to the place
where the same is to be delivered or sold.
[Amended 12-10-1996 by Ord. No. 9-1996]
A.
The Borough shall provide to the occupant of each
residential dwelling, free of charge, one recyclable waste container.
Upon receiving a container, each occupant thereof shall immediately
place his, her or their name(s) and address upon the same in the designated
locations. If the container is lost or damaged to the extent that
it can not be used for its designated purpose, such occupant to whom
it has been issued shall immediately apply, in writing, to the Borough
for a replacement container and shall pay a fee as set forth by the
Borough Council from time to time for each replacement container requested
in such sum as established by the Borough. No certificate of occupancy
will be issued if said container is missing from the premises.
B.
The owner, landlord, tenant, occupant and/or his,
her or their agent, as the case may be, of every multifamily dwelling
and every commercial, industrial and institutional establishment shall
provide, at their own cost and expense, all necessary and required
recyclable waste containers, which must be approved as to type and
size by the Borough upon written application to it.
The Borough Council or its designee is hereby
authorized and empowered to enforce the provisions of this article
and to establish and promulgate reasonable rules and regulations relative
to the separation, collection, management and disposal of recyclable
waste and recyclable paper products. The Borough Council is also authorized
and empowered to enter into an agreement or agreements with any public
or private agency or firm for the collection of all or any part of
the recyclable waste products as provided herein.
A.
Any person who shall violate any of the provisions of § 155-25 of this article shall, upon conviction before any District Justice legally empowered to hear such matters, be punished by a fine of not less than $200 nor more than $1,000 or by imprisonment for a term not exceeding 30 days, or both. Each day's failure to comply with any provision of § 155-25 of this article shall constitute a separate offense or violation thereof.
B.
Violation of other provisions.
(1)
Any person who shall violate any of the other provisions
of this article shall, upon conviction before any District Justice
legally empowered to hear such matters, be punished as follows:
(a)
For the first conviction, by a fine of not less
than $10 nor more than $25 or by imprisonment for a term not exceeding
five days, or both.
(b)
For the second conviction within one year, by
a fine of not less than $25 nor more than $50 or by imprisonment for
a term not exceeding 10 days, or both.
(c)
For the third conviction within one year, by
a fine of not less than $50 nor more than $100 or by imprisonment
for a term not exceeding 15 days, or both.
(d)
For a fourth and each subsequent conviction
within one year, by a fine of not less than $100 nor more than $1,000
or by imprisonment for a term not exceeding 30 days, or both.
(2)
Each day's failure to comply with any applicable provision
of this article shall constitute a separate offense or violation thereof.
If any section, provision, part or clause of
this article is in conflict with and contrary to any other section,
provision, part or clause of this article, the more restrictive section,
provision, part or clause shall be applicable, shall take precedence
and shall be enforced.
