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Borough of Ingram, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Ingram as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dumpsters — See Ch. 82.
Outdoor burning — See Ch. 94.
Property maintenance — See Ch. 138.
Deposit of debris on streets and sidewalks — See Ch. 159, Art. VI.
Abandoned or junked vehicles — See Ch. 175.
[Adopted 5-11-1992 by Ord. No. 3-1992]
This article shall be known and referred to as the "Solid Waste Ordinance."
A. 
The following words and phrases as used in this article have the meaning ascribed herein, unless the context clearly indicates a different meaning:
ACT or ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).
[1]
AGRICULTURAL WASTE
Poultry and livestock manure, or residual materials in liquid or solid form, generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, provided such waste is not hazardous waste. The term includes the residual materials generated in producing, harvesting, and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests, or other agricultural lands.
BULKY WASTE
Large items of solid waste including but not limited to appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to their size, shape or weight.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CONSTRUCTION DEMOLITION WASTE
All municipal and residual waste building materials, grubbing waste, and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish, which is normally generated in the residential private household or apartment house.
[Amended 9-9-2002 by Ord. No. 3-2002]
GARBAGE
Any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.
HAULER or PRIVATE COLLECTOR
Any person, firm, copartnership, association or corporation who has been licensed by the municipality or its designated representative to collect, transport, and dispose of refuse for a fee as herein prescribed.
HAZARDOUS WASTE
Any solid waste or combination of solid wastes, as defined in the Act, which because of its quantity, concentration or physical, chemical, or infectious characteristics may:
(1) 
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
(2) 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
MUNICIPALITY
The Borough of Ingram, Allegheny County, Pennsylvania.
MUNICIPAL WASTE
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 under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, state institution and agency, or any other legal entity 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.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities and resource recovery facilities.
REFUSE
All solid waste materials which are discarded as useless.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act.[2] Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law.
[3]
RUBBISH
All nonputrescible municipal waste except garbage and other decomposable matter. This category includes but is mot limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SEWAGE TREATMENT RESIDUES
Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 52 P.S. § 30.51 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[Amended 9-9-2002 by Ord. No. 3-2002]
A. 
It shall be unlawful for any person to accumulate upon any public or private property within the municipality any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
B. 
It shall be unlawful for any person to burn any solid waste within the municipality except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
C. 
It shall be unlawful for any person to dispose of any solid waste in the municipality except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
D. 
It shall be unlawful for any person to haul, transport, collect, or remove any solid waste from public or private property within the municipality without first securing a license to do so in accordance with the provisions of this article.
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the municipality without prior approval by the municipality.
F. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the municipality except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.
G. 
It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited, any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the municipality except as provided in this article.
A. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B. 
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections, and shall place and store all waste materials therein.
C. 
Any person storing municipal waste for collection shall comply with the following preparation standards:
(1) 
All municipal waste shall be drained of free liquids before being placed in storage containers.
(2) 
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
(3) 
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
(4) 
Garden trimmings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, not more than two feet in diameter and not more than 40 pounds in weight.
(5) 
Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
(6) 
Automotive parts, lead acid (automotive) batteries, and construction materials may not be placed at the curb for collection.
(7) 
When specified by the municipality or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
D. 
All municipal waste shall be stored in containers approved by the municipality or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
(1) 
Reusable containers shall be constructed of durable, watertight, rust- and corrosion-resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insectproof, and rodentproof.
(2) 
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
(3) 
Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons, and a loaded weight of not more than 40 pounds.
(4) 
Disposable plastic bags or sacks are acceptable containers provided the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of not more than 30 gallons and a loaded weight of not more than 35 pounds.
[Amended 9-9-2002 by Ord. No. 3-2002]
(5) 
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
E. 
Any person storing municipal waste for collection shall comply with the following storage standards:
(1) 
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
(2) 
Reusable containers shall be kept in sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottoms or sides of the containers.
(3) 
Containers shall be used and maintained so as to prevent public nuisances.
(4) 
Containers that do not conform to the standard of this article or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the municipality or its designated representative.
(5) 
Containers shall be placed by the owner or customer at a collection point specified by the municipality or its designated representative.
(6) 
With the exception of the pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.
(7) 
Bulk waste items such as furniture, automobile parts, machinery, appliances, and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards. Doors must be removed from appliances.
F. 
The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler, and are subject to approval by the municipality.
A. 
The municipality shall provide for the collection of all garbage, rubbish and bulky wastes from individual residences and multifamily residential sources with less than three units, or it may contract with a private collector or collectors to provide this essential residential collection service.
B. 
All households and homeowners shall utilize the residential collection service provided by the municipality unless they can demonstrate that they have made alternate arrangements that are consistent with this article and approved by the municipality.
C. 
All multifamily residential sources (with more than three units), commercial, institutional, and industrial, establishments shall negotiate and individually contract collection service with the municipality's collector or any other properly licensed waste hauler of their choice.
D. 
All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the municipality's collector and payment of any required special fees.
E. 
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The municipality reserves the right to require more frequent collection when deemed necessary.
F. 
Residential collection schedules shall be published regularly by the municipality or its contracted hauler.
G. 
Placement of container(s) at the curbside may be no earlier than 12:00 p.m. on the day prior to the designated collection day and must be removed from curbside, to the storage place, no later than 7:00 p.m. on the day of collection. However, the Borough may, upon satisfactory proof that an undue hardship exists, may grant a waiver of the 12:00 p.m. time restriction to such resident who applies for a waiver in advance of the violation of the restriction.
[Amended 10-9-2012 by Ord. No. 5-2012]
H. 
All solid waste collection shall be conducted Monday through Friday between the hours of 6:00 a.m. and 9:00 p.m. unless prior approval or any exception has been granted by the municipality. No collection, hauling, or transportation of solid waste is permitted on a Sunday.
[Amended 10-9-2012 by Ord. No. 5-2012]
I. 
All licensed haulers and haulers under contract with the municipality shall comply with the following standards and regulations:
(1) 
All municipal waste collected within the municipality shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan - 1990, or on subsequent revisions thereto.
(2) 
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97, and any Department regulations adopted pursuant to Act 97 and must be licensed by the Allegheny County Health Department.
(3) 
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creating of odors and other nuisances.
(4) 
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
(5) 
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
(6) 
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
A. 
The governing body of the municipality shall be authorized to make funds available, in accordance with the laws and procedures of the municipality, for the establishment, maintenance, and operation of a municipal solid waste collection and disposal system, or for the contracting of such service to a private collector.
B. 
Annual fee schedules (if appropriate) shall be published by the municipality on any competitively bid residential collection service contract that may be awarded by the municipality.
C. 
The municipality's contracted hauler and other licensed haulers shall be responsible for the collection of any fees for solid waste collection and disposal services provided to residential, commercial, institutional, or industrial sources within the municipality.
A. 
All appeals shall be made in writing to the governing body of the municipality.
B. 
Pending a reversal or modification, all decisions of the municipality shall remain effective and enforceable.
C. 
Appeals may be made by the following persons: any person who is aggrieved by a new standard or regulation issued by the municipality and gives notice of his or her intention to appeal the new standard or regulation.
[Amended 9-9-2002 by Ord. No. 3-2002]
D. 
The notice of appeal shall be served in writing and sent by certified mail with return receipt requested. Within 20 days after receipt of the notice of appeal, the municipality shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in the local newspaper.
The municipality may petition the Court of Common Pleas of Allegheny County for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
Any person who violates any provision of this article shall, upon conviction, be guilty of a misdemeanor which is punishable by a fine of not more than $600, plus costs of prosecution, and in default of payment of such fine and costs by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered a separate and distinct offense.
[Adopted 9-13-1993 by Ord. No. 10-1993]
The short title of this article shall be the "Borough of Ingram Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article shall have the following meanings:
ACT 101
Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.
[1]
ALUMINUM
Empty all-aluminum beverage or food cans.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
COLLECTOR
The entity or entities authorized by the municipality to collect recyclable materials from residences.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel or tin coated food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
[Amended 9-9-2002 by Ord. No. 3-2002]
LEAD ACID BATTERIES
Automotive, truck and industrial batteries that contain lead.
[Amended 9-9-2002 by Ord. No. 3-2002]
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
MULTIFAMILY HOUSING PROPERTIES
Any properties having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
MUNICIPALITY
The Borough of Ingram.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[2] from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
NEWSPAPERS
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 newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
PERSON(S)
Owners, lessees, and occupants of residences and commercial, municipal and institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the municipality may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the municipality and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include, but are not necessarily limited to, clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics, and any other items selected by the municipality or specified in future revisions to Act 101; the recyclable materials selected by the municipality or specified in future revisions to Act 101. The recyclable materials selected by the municipality may be revised from time to time as deemed necessary by the municipality.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste of the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials.
RESIDENCES
Any occupied single-family or multifamily dwellings having up to four dwelling units per structure for which the municipality provides municipal waste collection service.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A. 
The municipality hereby establishes a recycling program for the mandatory separation and collection of recyclable materials from all residences. Collection of the recyclable materials shall be made at least once per month by the municipality or its designated agent. The recycling program shall also contain a sustained public information and education program.
B. 
The municipality also encourages voluntary recycling efforts by all commercial, municipal and institutional establishments located in the municipality for which waste collection is provided by any other collector. Such efforts may be handled by any other collectors operating in the municipality and authorized to collect recyclable materials from such establishments.
C. 
Specific program regulations are provided as an attachment to this article.[1] The Borough Council is empowered to make changes to program regulations as necessary, as described in § 154-18. Subsequent changes in the program regulations may be made through approval of the Borough Council and public notice and notification of all affected parties.
[1]
Editor's Note: The Recycling Program Regulations are included as an attachment to this chapter.
Disposal by persons of lead acid batteries with other municipal wastes is prohibited and shall be a violation of this article.
A. 
All persons who are residents of the municipality shall separate all of those recyclable materials designated by the municipality from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection, and place the same for collection in accordance with the guidelines established hereunder.
(1) 
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the collector for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the homeowner and shall be used only for the collection of recyclable materials. Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this article.
(2) 
Multifamily housing.
(a) 
An owner, landlord, manager or agent of an owner, landlord or manager of a multifamily housing property with more than three units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords, managers and agents of owners, landlords or managers who comply with this article shall not be liable for noncompliance of occupants of their buildings.
(b) 
If recyclable materials from these multifamily units are collected by a collector other than the municipality or its authorized agent, owners, landlords and agents of owners or landlords shall submit an annual report to the municipality reporting the tonnage of materials recycled during the previous year. This requirement may be fulfilled by submission of a letter or form from the collector which certifies that recyclable materials are being collected from multifamily housing property, as long as the collector submits an annual report to the municipality of the tonnage of materials recycled during the previous year from all such properties within the municipality.
B. 
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste.
C. 
Commercial, municipal and institutional establishments.
(1) 
Commercial, municipal and institutional establishments that choose to implement recycling programs may choose to recycle any materials designated by Act 101 as well as any other materials that are generated in significant amounts, including, but not limited to, high-grade office paper, corrugated paper, aluminum cans, ferrous cans, glass, plastics, newsprint, and leaf waste.
(2) 
Establishments that choose to implement programs are encouraged to notify the municipality and to submit an annual recycling report to the governing body of the municipality which documents the amount of municipal waste generated per year as well as the type and weight of materials that were recycled in the previous calendar year.
[Amended 9-9-2002 by Ord. No. 3-2002]
It shall be a violation of this article for any person, firm or corporation, other than the municipality or one authorized by the Borough Council or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the municipality or an authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments constitutes a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the Borough Council or other entity responsible for authorizing collection of recyclable materials to make such a collection.
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this article. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited.
A. 
The Borough Secretary is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article as deemed necessary, including, but not limited to:
(1) 
Establishing recyclable materials to be separated for collection and recycling by residences, and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
(2) 
Establishing collection procedures for recyclable materials.
(3) 
Establishing reporting procedures for amount of materials recycled.
(4) 
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
(5) 
Establishing procedures and rules for the collection of leaf waste.
B. 
Any person who shall violate the provisions of this article shall receive an official written warning of noncompliance for the first and second offense. Thereafter all such violations shall be subject to the penalties hereinafter provided.
C. 
Except as hereinafter provided, any person who shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not more than $600, plus costs of prosecution, and in default of payment of such fine and costs shall be subject to imprisonment for not more than 30 days, for each and every offense.
D. 
The municipality reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.
The municipality may enter into an agreement with a public or private agency or firm to authorize collection of all or part of the recyclable materials from curbside.
The municipality may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 154-18.