[Adopted 4-23-1991 by Ord. No. 460
(Ch. 20, Part 2B of the 1996 Code)]
A.
Title. This article shall be known as the "Borough of
Coopersburg Mandatory Recycling Ordinance."
B.
Severability. In the event that any sentence, clause
or section of this article is for any reason found to be unconstitutional,
illegal or invalid, such defect shall not affect or impair any of the remaining
provisions of this article. It is hereby declared as the intent of the Borough
of Coopersburg that this article would have been adopted in substantially
the same form had such invalid clause, section or part thereof not been included
herein.
C.
Construction.
(1)
The various headings used throughout this article are
intended only as an aid to its organization, in order to facilitate ease of
reading, and are not to be considered a substantive part of this article.
D.
Effective date. Mandatory recycling for all residential
establishment, multifamily housing and commercial establishments in the Borough
of Coopersburg shall commence upon the enactment of this article.
The following words and phrases, when appearing in the text of this
article, shall have the meaning given them in this section, unless the context
clearly indicates otherwise:
Empty containers used for food or beverage, consisting entirely of
aluminum.
Empty containers, consisting of either tin plated or steel, or steel
only, or steel and aluminum, which were used to contain either food or beverage
or both.
The Borough of Coopersburg organized and existing under the Borough
Code, Act of February 1, 1966 (1965 P.L. 1656, No. 581), as amended, located
in Lehigh County, Pennsylvania, including the Borough Council, Borough Secretary
and Borough staff and others, when duly authorized.
Any paper with a shiny or glossy finish or appearance, resulting
from treatment of the surface or application of a coating of kaolin, clay
or other chemicals. The term includes the advertising inserts which may be
intermingled or distributed with newspaper.
All business, commercial, industrial, institutional activities, or
municipal establishments and community activities, and all multifamily housing
of four or more residential dwellings.
The fabricated or manufactured structural paper material with an
inner core shaped in rigid parallel furrows and ridges, with one or more outer
liners, often consisting of a material known as kraft paper (mainly shopping
bags).
The following location on the adjoining public street or road, and
where the Borough contractor usually picks up garbage:
On, or just in back of, the curb or curbline at the edge of the cartway,
for streets or roads which have curbs.
For streets or road which do not have curbs, within reasonable safe
proximity of the paved cartway.
As otherwise established by regulation of the Borough, where the above
locations are not clear or satisfactory.
The regularly scheduled operation of the designated contractor which
provides labor, equipment and services to collect recyclable materials from
the curbside of designated residential and commercial establishments and multifamily
housing units within the Borough under and pursuant to a contract with the
Borough.
The amount of refuse to be collected from the average unit during
an average week. One EDU is hereby defined as four twenty-gallon containers
per week, or the equivalent [one twenty-gallon container is equivalent to
one thirty-gallon plastic bag, or one bundle or box of rubbish not to exceed
four feet in length, six feet in perimeter or circumference (as applicable)
and 50 pounds in weight].
Bottles and jars made of clear, green or brown glass, comprised of
sand, soda ash and limestone. Excluded are plate glass, automotive glass,
blue glass, porcelain, ceramic products and crystal.
Any white paper or the type commonly used for letter writing, stationery,
note paper, plain paper for photocopying machines, computer printers and other
general purpose paper, whether or not any printed or written matter is contained
thereon. It does not include newspaper, magazines, corrugated paper or any
coated paper.
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and all other plants, garden residues,
shrubbery and similar material, but not including grass clippings.
Printed matter on coated paper containing miscellaneous written pieces
published at fixed or varying intervals, also known as "periodicals," and
includes telephone directories. Expressly excluded are newspaper and all other
paper products of any nature whatsoever.
Any four or more condominiums, apartments or other residential dwellings,
regardless of the form of ownership, tenancy or the physical arrangement of
the structure, which are owned under a single deed.
Any garbage, refuse, industrial lunchroom or office waste and other
material, including solid, liquid, semisolid or contained 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
from a municipal, commercial or institutional waste supply treatment plant,
wastewater treatment plant or air pollution control facility. The term does
not include source separated recyclable materials.
Paper of the type commonly 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 advertising inserts
printed on coated paper which are often distributed or intermingled with newspapers.
Any individual, partnership, corporation, association, institution,
cooperative enterprise or any unauthorized municipal entity. For purposes
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.
The plastic rings or similar plastic connectors used as holding devices
in the packaging of beverages, including, but not limited to, all carbonated
beverages, liquors, wines, fruit juices, mineral waters, soda and beer.
Plastic containers of all varieties, types and chemical compositions
of plastic.
Materials identified by the Borough to be recycled, including, but
not limited to, the materials listed in § 1501 of the Act.
The container issued or approved by the Borough for the purpose of
collecting, storing and placing recyclable at the curbside for authorized
collection.
A facility employing a technology, that is a process, that separates
or classifies municipal waste and creates or recovers reusable material that
can be sold to or reused by a manufacturer as a substitute for or a supplement
to or for virgin raw materials. The term "recycling facility" shall not mean
transfer stations or landfills for solid waste nor composting facilities or
resource recovery facilities.
Any number of persons, individually or as a group, which is the basis
of one refuse producing source (RPS). For example, in an apartment house,
each dwelling unit constitutes one refuse producing source.
The rules, regulations, standards, specifications, orders, licenses,
permits, interpretation, schedules, zones, routes and waivers established
from time to time by the Borough pursuant to the authority of this article.
Such regulations shall be deemed to be a part of this article and included
by reference as if written herein.
A single-family dwelling, EDU.
Each structure containing three or less residential dwellings, EDU(s).
Each residential dwelling, EDU, within any structure containing three
or less residential dwellings.
These definitions shall apply regardless of either the form of ownership
or tenancy, or the physical arrangement of the structure.
To separate recyclable materials from municipal solid waste for the
purpose of recycling.
A material whose original purpose has been completed and which is
directed to a disposal or processing facility or is otherwise disposed, whether
municipal, residual or hazardous waste, or otherwise. The term does not include
source separated recyclable materials or material approved by the Department
for beneficial use.
The following materials are hereby designated as "recyclable materials"
within the Borough of Coopersburg:
A.
Recyclable materials. Every person in the Borough of Coopersburg shall be required to separate each of the recyclable materials listed in § 182-14, Recyclable materials, in this article, in accordance with the use of the property occupied by such person, for the purpose of recycling, from all of the other municipal solid waste and other waste generated by that person. No person may dispose of such recyclable materials with any other municipal solid waste or other waste.
B.
Batteries. Lead acid or nickel cadmium (rechargeable)
batteries shall not be disposed of or included in with any municipal solid
waste or recyclable materials. Lead acid or nickel cadmium batteries shall
be disposed only in accordance with all other applicable federal, commonwealth
and county ordinances, rules, regulations, specifications, standards, orders,
permits and licenses.
C.
Other waste. All other municipal solid waste and other
waste materials, whether residual, hazardous or otherwise, shall be generated,
stored, separated, placed, collected and disposed in accordance with all other
applicable federal, commonwealth, county and Borough laws, ordinances, rules,
regulations, specifications, standards, orders, permits and licenses.
All persons owning, occupying or operating residential establishments
or commercial establishments within the Borough of Coopersburg shall comply
with the following requirements:
A.
Separation. Separate the recyclable materials and maintain
the materials in the separate recycling container until collected by the Borough
contractor.
B.
Preparation. Prepare for recycling all of the recyclable
materials generated by that person, in accordance with the regulations for
each respective material as established by the Borough, by the time that those
recyclable materials are placed for collection and maintain those materials
in that condition.
C.
Recycling containers. Place recyclable materials in the
separate official Borough of Coopersburg container or other containers authorized
by the Borough, in accordance with regulations established by the Borough.
Each residential establishment and commercial establishment shall acquire
and use one official Borough of Coopersburg container for this purpose.
D.
Placement and time. Place or set out recyclable materials,
in their proper container at curbside, and remove empty container from curbside
on the scheduled days for collection, in accordance with the times and schedules
established by the designated contractor under contract with the Borough.
One recycling container shall be acquired by each residential and commercial
establishment. The Borough shall have the power to require that each recycling
container be identified with the residential establishment, multifamily housing
or commercial establishment to which it is assigned.
A.
Manner of distribution of containers. Each residential
and commercial establishment shall be provided with one container from the
Borough without charge. Each resident, including tenants and owners in multifamily
housing establishments and commercial establishments of the Borough, shall
personally pick up one container, supplied by the Borough, at Borough Hall,
at such times as designated by Borough Council by resolution. Residents who
are unable to personally pick up a container for their use, due to health
reasons or otherwise, may designate in writing an individual to pick up their
container in their stead. The Borough Secretary shall maintain a registry
of all residents, including tenants and owners of multifamily housing establishments
and commercial establishments of the Borough for the purpose of the distribution
of containers under this provision. Each resident or his designee nominated
in writing shall sign the registry so maintained, upon receipt of one container
during the time frame for distribution of containers designated by Council
by resolution. At the conclusion of the two-week period, during which residents,
personally or by nominee, pick up their container for recyclable materials
under this article, the Borough will disburse containers to residents, who
have not, with just cause, picked up their container as provided in this provision.
The residents to whom the Borough delivers a container shall be assessed a
delivery fee, the amount of which shall be established by Borough Council
by resolution.
B.
Loss, theft or damage. The owner of each residential
establishment, including the tenant of a multifamily housing unit, and the
operator of each commercial establishment, shall be responsible for and shall
bear the risk of loss or damage to the official recycling container supplied
for the use of that establishment except where any person is apprehended for
the commission of theft or of or for vandalizing to any container, that person
shall be penalized as provided in this article. The person responsible for
the loss, theft or damage of a container shall pay a fee to the Borough for
the replacement of such container in an amount established by Borough Council
by resolution.
C.
Return. The owner of each residential establishment,
including the landlord and tenant of any multifamily housing unit, and the
operator of each commercial establishment shall return to the Borough the
container issued to them by the Borough of Coopersburg prior to relocating
outside the corporate boundaries of the Borough of Coopersburg.
D.
Records. The Borough Secretary shall establish and maintain
records of the person to whom containers have been disbursed, the address
or location of the residential and commercial establishment and multifamily
housing unit to which the containers were supplied; the amounts and dates
that the replacement fees were paid for the loss, theft, damage of any containers;
and such other information that the Borough Secretary shall require.
A.
Curbside recycling program. The Borough's contractor
shall collect all recyclable materials which are placed at curbside by each
residential and commercial establishment, in accordance with zones, schedules
and specifications established under its contract with the Borough.
B.
Duty to collect. The Borough contractor shall collect
and transport any designated recyclable materials which have been properly
prepared, separated and placed at curbside in time for collection on the schedule
collection days. The contractor shall have no obligation to collect any materials
which do not conform to this article or regulations.
C.
Leaf waste. The Borough or its designated contractor
shall collect leaf waste during the months of October, November and December
of each calendar year and at such other times as needed.
D.
Sale and marketing.
(1)
Recyclable materials that are collected shall be recycled
unless markets for them do not exist.
(2)
The Borough contractor shall transport, process, sell,
market or dispose of all recyclable materials collected by the contractor
in the manner specified by its contract with the Borough and shall report
the tonnages of the various materials which are recycled.
(3)
The Borough Secretary shall establish and keep necessary
records and report at least quarterly to Borough Council the quantity of recyclable
material collected and disposed.
(4)
The Borough shall accord consideration for the collection,
marketing and disposition of recyclable materials to person engaged in the
business of recycling on the effective date of Act 101, whether or not the
persons were operating for profit, as required by § 1501 (f) of
Act 101.
(5)
The contractor that markets the Borough's recyclable
materials must provide written documentation that either said materials are
recycled, or that markets for those materials do not exist.
All recyclable materials shall become the property of and shall be owned by the Borough of Coopersburg or its authorized agents or contractors when such materials are picked up from the curbside. Nothing in this article shall be deemed to impair the ownership of recyclable materials by the person who generated them before such pickup or delivery. Collection of recyclable materials by persons not authorized by the Borough is prohibited by Article II, regarding scavengers.
A.
Regulations. The Borough Council shall have the power
to establish regulations for the following parts of the Borough's recycling
program.
(1)
Plastic containers -- varieties, types and chemical compositions
to be collected for recycling in the Borough's curbside recycling program
or otherwise disposed into the municipal solid waste.
(2)
Preparation of recyclable materials for recycling.
(3)
Separating, placing and combining recyclable materials
in the official Borough of Coopersburg container.
(4)
Exact locations for curbside pickup, where those locations
are not established or are otherwise unsatisfactory.
(5)
Zones, routes and schedules for collection days.
(6)
Times to set out and bring in the official Borough container.
B.
Suspension.
(1)
Less than 30 days. The Borough Secretary or a designated
agent of the Borough shall have the power to alter or suspend any such regulation
in the event of good cause owner or emergency, including, but not limited
to, snow storms and floods, without prior notice, for a period not longer
than 30 days.
(2)
Longer than 30 days. Any alteration or suspension extending
longer than 30 days shall require the express concurrence of the Borough Council.
A.
Notice. The Borough of Coopersburg shall notify the occupants
of residential establishments within its boundaries of the requirements of
this article.
B.
Timing. This notification shall occur prior to the initiation
of the recycling program and at such time, if any, as the recycling program
is altered in any way.
C.
Education programs. Education programs shall be furnished
periodically upon request through the schools and other organizations.
D.
Other methods. The Borough Secretary shall have the power
to use other methods of publication to comply with the public information
and education requirements of Act 101, as may be satisfactory and adequate
in the circumstances.
The Police Department or an authorized agent of the Borough shall be
responsible for monitoring and enforcing compliance with this article and
regulations. Enforcement of this article shall begin after a grace period
commencing six months from the date of enactment of this article.
A.
Administrative act and enforcement. For violations of
this article by the owners, landlords, occupants or operators of residential
establishments or commercial establishments, the Borough shall comply with
the following administrative actions and enforcement procedure before commencing
any action before the district justice.
(1)
Letter. For the first two violations by the same person
within the calendar year, which violation shall be separate violations on
different dates, under this article, the owner and landlord, occupant or operator
of any residential or commercial establishment shall be notified by letter,
sent by the Borough Secretary, to the said person by United States First Class
Mail, of the penalties for continued noncompliance with this article.
B.
Civil liability before district justice. Any owner, landlord,
occupant or operator of a residential or commercial establishment who has
been previously subjected to all of the administrative action and enforcement
procedures of this section within the calendar year, who violates any provision
of this article, shall be subject to the following civil penalties, payable
to the Borough of Coopersburg, upon a finding of liability therefor by the
district justice:
(1)
First action. For the first action before the district
justice within the calendar year, a civil penalty of not more than $600 and
costs.
(2)
Subsequent actions. For any action before the district
justice within the same calendar year subsequent to a previous finding by
the district justice of civil liability by the same person for any violation
of this article, a civil penalty of not more than $1,000 and costs.
(3)
Each day that a violation of this article continues shall
be deemed to be a separate violation. Each violation shall be deemed to be
a separate violation.
C.
Incentives. The Borough Secretary shall have the power
to establish incentives to promote compliance with this article, as may be
appropriate, from time to time. The Borough Secretary shall report at least
annually to the Borough Council on the incentives which have been established,
and when and to whom those incentives have been granted.
D.
Procurement options. The Borough may utilize the provisions
of § 1507 of Act 101, Procurement Procedures for Local Public Agencies,
and § 1508, Procedure Options for Local Public Agencies and Certain
Commonwealth Agencies, if the Borough elects to do so.
