[Ord. 800, 5/22/1991, § 1]
This Part shall be known and referred to as the "Solid Waste
Ordinance."
[Ord. 800, 5/22/1991, § 2]
The following words and phrases as used in this Part shall have
the meaning ascribed herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980, P.L.
380, No. 97, July 7, 1980.
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, forest,
or other agricultural land.
The Borough of Bridgeville.
Large items of solid waste including, but not limited to,
appliances, furniture, trees, branches or stumps which may require
special handling due to their size, shape or weight.
Any establishment engaged in nonmanufacturing or non-processing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
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.
The Borough Council of the Borough of Bridgeville.
The Pennsylvania Department of Environmental Resources.
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.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit, or vegetable
matter that is capable of being decomposed by microorganism with sufficient
rapidity to cause such nuisances as odors, gases or vectors.
Any person, firm, co-partnership, association or corporation
who has been licensed by the Borough or its designated representative
to collect, transport, and dispose of refuse for a fee as herein prescribed.
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:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service including, but not limited
to, hospitals, nursing homes, orphanages, schools and universities.
Garbage, refuse, industrial lunchroom or office waste and
other material including solid, liquid, semi-solid 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.
Any individual, partnership, corporation, association, institution,
co-operative enterprise, State institution and agency or any other
legal entity which is recognized by law as the subject of rights and
duties. In any provision of this Part 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.
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, composting
facilities, and resource recovery facilities.
All solid waste materials which are discarded as useless.
Any garbage, refuse, other discarded material or other waste
including solid, liquid, semi-solid, or contained gaseous materials
resulting from industrial, mining and agricultural operation 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 Act."
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 Act."
All non-putrescible municipal waste except garbage and other
decomposable matter. This category includes but is not limited to
ashes, bedding, card-board, cans, crockery, glass, paper, wood and
yard cleanings.
The unauthorized and uncontrolled removal of materials placed
for collection or from a solid waste processing or disposal facility.
The Secretary of the Borough of Bridgeville.
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.
Any waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semi-solid or contained
gaseous material.
Those materials separated at the point of origin for the
purpose of being recycled.
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.
The off-site removal of any solid waste at any time after
generation.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
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In this Part, the singular shall include the plural and the
masculine shall include the feminine and the neuter.
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[Ord. 800, 5/22/1991, § 3]
1.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the Borough, any garbage,
rubbish, bulky waste, or any other municipal or residual solid waste
including agricultural waste, domestic waste and hazardous waste except
in accordance with the provisions of this Part, any Department rules
and regulations adopted pursuant to Act 97 and rules and regulations
of the Department of Environmental Resources of the State and the
County of Allegheny.
2.
It shall be unlawful for any person to burn any solid waste or other wastes enumerated in subsection (1), hereof, within the Borough except in accordance with the provisions of this Part, any Department rules and regulations adopted pursuant to Act 97 and rules and regulations of the Department of Environmental Resources of the State of Pennsylvania and the County of Allegheny.
3.
It shall be unlawful for any person to dispose of any solid waste or other wastes enumerated in subsection (1), hereof, in the Borough except in accordance with the provisions of this Part, any Department rules and regulations adopted pursuant to Act 97 and the rules and regulations of the Department of Environmental Resources of the State of Pennsylvania and the County of Allegheny.
4.
It shall be unlawful for any person to haul, transport, collect or remove any solid waste or other wastes enumerated in subsection (1), hereof, from public or private property within the Borough without first securing a license to do so in accordance with the provisions of this Part.
5.
It shall be unlawful for any person to scavenge any materials from any solid waste or other wastes enumerated in subsection (1), hereof, that is stored or deposited for collection within the Borough.
6.
It shall be unlawful for any person to salvage or reclaim any solid wastes or other wastes enumerated in subsection (1), hereof, within the Borough except at an approved and permitted resource recovery facility under Act 97.
7.
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 or other wastes enumerated in subsection (1), hereof, in or upon any street, alley, sidewalk, body of water, public or private property within the Borough except as provided in this Part.
[Ord. 800, 5/22/1991, § 4]
1.
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.
2.
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.
3.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
A.
All municipal waste shall be drained free of liquids before being
placed in storage containers.
B.
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
D.
Subject to Ordinance No. 801 [Chapter 20, Part 2], garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than three feet in length, not more than two feet in diameter and not more than 40 pounds in weight. No single piece shall be more than three inches in diameter.
F.
When specified by the Borough or its designated representative, special
preparation and storage procedures may be required to facilities the
collection and resource recovery of certain waste materials.
G.
Carpet and/or carpet padding shall be placed in an approved closed
container or must be cut in lengths not exceeding eight feet and securely
tied. No single piece shall be more than 40 pounds in weight.
4.
All municipal waste shall be stored in containers approved by the
Borough or its designated representative. Individual containers and
bulk containers utilized for storage of municipal waste shall comply
with the following standards;
A.
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 leak-proof, weather-proof, insect-proof,
and rodent-proof.
B.
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
C.
Reusable containers for individual residences shall have a capacity
of not less than 10 gallons nor more than 30 gallons, and a loaded
weight of not more than 40 pounds and shall be limited to three such
containers per residence.
D.
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.
E.
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
5.
Any person storing municipal waste for collection shall comply with
the following storage standards:
A.
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
B.
Reusable containers shall be kept in a 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 bottom or sides
of the containers.
C.
Containers shall be used and maintained so as to prevent public nuisances.
D.
Containers that do not conform to the standards of this Part 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 Borough or its designated representative.
E.
Containers shall be placed by the owner or customer at a collection
point specified by the Borough or its designated representative.
F.
With the exception of pick-up days when the containers are placed
for collection, the containers shall be properly stored on the owner
or customer premises at all times.
G.
Bulk waste items such as furniture, 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.
6.
The storage of all municipal waste from multi-family residential
units, commercial establishments, institutions and industrial lunchroom
or office waste sources is subject to the regulations and standards
set forth in this Part. 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 Borough.
[Ord. 800, 5/22/1991, § 5]
1.
The Borough shall provide for the collection of all garbage, rubbish,
and bulky wastes from individual residences. Multi-family residential
owners shall contract with a private collector or collectors to provide
this essential residential collection service.
2.
All single-family residences shall utilize the residential collection
service provided by the Borough.
3.
All commercial, institutional and industrial establishments shall
negotiate and individually contract collection service with the Borough's
collector or any other properly licensed waste hauler of their choice.
4.
All residential garbage and rubbish shall be collected at least once
a week.
5.
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 Borough reserves the right to require more frequent
collection when deemed necessary.
6.
Residential collection schedules shall be published, as deemed necessary,
by the Borough or its contracted hauler.
7.
Placement of container(s) at curbside may be no earlier than 6:00
p.m. on the day prior to the designated collection day and must be
removed from curbside, to the storage place, no later than 6:00 p.m.
on the day of collection.
8.
All waste collection activity shall be conducted from Monday through
Friday between the hours of 6:00 a.m. and 5:00 p.m. or on Saturdays
between the hours of 6:00 a.m. and 5:00 p.m., unless prior approval
or an exception has been granted by the Borough. No collection, hauling,
or transporting of solid waste shall be permitted on Sunday.
9.
All licensed haulers and haulers under contract with the Borough
shall comply with the following standards and regulations:
A.
All municipal waste collected within the Borough shall ultimately
be disposed only at a landfill citied in the Allegheny County Solid
Waste Plan 1990 or on subsequent revisions thereto.
B.
Any trucks or other vehicles used for 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.
C.
All collection vehicles conveying domestic waste and garbage shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors, the creation of odors and other nuisances.
D.
All solid waste shall be collected and transported so as to prevent
public health hazard, safety hazards and nuisances.
E.
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
[Ord. 800, 5/22/1991, § 6]
1.
The Council of the Borough shall be authorized to make funds available,
in accordance with the laws and procedures of the Borough, 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.
2.
Annual costs shall be made available by the Borough on any competitively
bid residential collection service contract that may be awarded by
the Borough.
3.
The Borough shall be responsible for the payment of any fees for
solid waste collection and disposal for residential customers receiving
standard contracted service.
4.
The Borough's contracted hauler and other licensed haulers shall
be responsible for the collection of any fees for private arrangement
or private contract solid waste collection and disposal services provided
to any individual, residential, commercial, institutional, or industrial
source within the Borough; for individual residential collections
contracted by the Borough, the Borough shall collect such fees and
costs and shall pay them to the contracted hauler in accordance with
the provisions of the agreement between the Borough and the contracted
hauler. From time to time, the Borough shall establish the collection
fees by resolution, which fees shall be applied towards the payment
of the contracted hauler.
[Ord. 800, 5/22/1991, § 7]
The Borough may petition the appropriate Court for an injunction,
either mandatory or prohibitive, to enforce any of the provisions
of this Part.
[Ord. 800, 5/22/1991, § 8; as amended by Ord. 830,
2/13/1995]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 801, 6/18/1991, § 1]
The short title of this Part shall be the "Borough of Bridgeville
Recycling Ordinance," and the same may be cited in that manner.
[Ord. 801, 6/18/1991, § 2]
The following words and phrases used throughout this Part shall
have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The Borough of Bridgeville.
The entity or entities authorized by the Borough to collect
recyclable materials from residences, or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Borough to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes, and those multiple dwelling residential buildings containing
more than two dwelling units.
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, bazaars,
socials, picnics and organized sporting events attended by 200 or
more individuals per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin coated food or beverage containers.
Bottles and jars made of either clear, green or brown glass.
Expressly excluded are non-container glass, plate glass, automotive
glass, light bulbs, blue glass and porcelain and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people including,
but not limited to, hospitals, nursing homes, orphanages, day care
centers, schools and universities.
Includes, but are not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having three or more dwelling units per structure,
and shall include apartments, hotels, inns, and other like facilities.
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semi-solid 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
water supply treatment plant or air pollution control facility. The
term does not include source-separated recyclable materials.
The Borough of Bridgeville.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other materials of public interest. Expressly excluded
are newspapers which have been soiled, color comics, glossy advertising
inserts and advertising inserts printed in color other than black
and white often included with newspapers.
Owners, lessees, and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastic, the Borough may stipulate specific types
of plastic which may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Borough
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 bi-metallic cans,
high grade office paper, newsprint, corrugated paper, leaf waste,
plastics, and any other items selected by the Borough or specified
in future revisions to Act 101. The recyclable materials selected
by the Borough may be revised from time to time as deemed necessary
by the Borough.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics, 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 multi-family dwellings having up to
two dwelling units per structure for which the Borough provides municipal
waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled.
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
Resources for beneficial use.
[Ord. 801, 6/18/1991, § 3]
1.
The Borough hereby establishes a recycling program for the mandatory
separation of recyclable materials and the separation, collection
and composting of leaf waste from all residences and all commercial,
municipal and institutional establishments located in the Borough
for which waste collection is provided by the Borough or any other
collector. Collection of the recyclable materials shall be made at
least once per month by the Borough, its designated agent, or any
other solid waste collectors operating in the Borough and authorized
to collect recyclable materials from residences or from commercial,
municipal and institutional establishments. The recycling program
shall also contain a sustained public information and education program.
2.
Specific program regulations are provided in the form of a resolution
as an attachment to this Part. The Borough Council is empowered to
make changes to program regulations as necessary, as described in
§ 210. Subsequent changes in the program regulations may
be made through approval of the Borough Council and public notice
and notification of all affected parties.
[Ord. 801, 6/18/1991, § 4]
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this Part.
[Ord. 801, 6/18/1991, § 5; as amended by Ord. 937,
9/8/2008, § 1]
1.
All persons who are residents of the Borough shall separate all of
those recyclable materials designated by the Borough from all other
municipal waste produced at their homes, apartments and other residential
establishments, store such materials for collection, and shall place
same for collection in accordance with the guidelines established
hereunder.
A.
Persons in residences must separate recyclable materials from other
refuse. For those residences utilizing the Borough's authorized agent,
recyclables materials shall be placed at the curbside in containers
provided by the Borough for collection. Any containers provided to
residences for collection of recyclable materials shall be the property
of the Borough and shall be used only for the collection of recyclable
materials. Any resident who moves within or from the Borough shall
be responsible for leaving the allocated container within the residence
or shall pay the replacement cost of said container(s). 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 Part.
B.
Residents may, if necessary, purchase additional containers of their
choosing for recycling materials. However, any such container must
bear the self-adhesive recycling logo label. The labels are available
at the Borough office free of charge.
C.
If recycling materials are collected by a collector other than the
Borough or its authorized agent (owners, landlords and agents of owners
or landlords, but excluding individual residents) such collector shall
submit an annual report to the Borough reporting the tonnage of materials
recycled during the previous year.
2.
All persons subject to this Part are required to separate leaf waste
from other municipal waste generated at their respective houses, apartments
and other residential establishments and deposit the same at curbside
for collection by the Borough unless those persons have otherwise
provided for composting of leaf waste. The Borough shall utilize its
leaf vacuum machine to collect such waste in accordance with a publicized
and posted collection schedule and deposit the same at a DEP-approved
dropoff center. Further, upon receipt of grant funds, the Borough
will purchase and operate a brush grinder in conjunction with the
leaf vacuum machine.
3.
Persons must separate high grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the Borough and is generated at commercial, municipal and institutional
establishments and from community activities and store the recyclable
materials until collection. A person may be exempted from this subsection
if that person submits documentation to the Borough annually indicating
that the designated recyclable materials are collected by a collector
other than the Borough or its authorized agent, occupants of said
establishments shall submit an annual report to the Borough reporting
the tonnage of materials recycled during the previous year; provided,
that such person shall:
A.
Submit, at a minimum, an annual recycling report to the Borough Secretary.
The report shall document 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. Valid documentation shall include information
from an end-use, recycler, or waste hauler which describes the type
and weight of each recyclable material that was collected and marketed.
Documentation may be in the form of one of the following:
(1)
Copies of weight receipts or statements which consolidate such
information.
(2)
A report from the provider of recycling collection services
which identifies the amount of each material collected and marketed.
The type and weight of recyclables generated by an individual establishment
may be approximated based on a representative sample of its source-separated
materials.
(3)
A report from the provider of waste collection services that identifies the type and weight of each recyclable material collected and marketed in cases where recyclables are co-mingled with the establishment's waste. The type and weight of recyclables generated by an individual establishment may be approximated based on an representative sample of its waste. For subsections (2) and (3), where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.
B.
All employees, users (patrons), and residents of commercial, municipal
and institutional establishments shall be informed by their employer
of the recycling program. The education program shall describe the
program's features and requirements, and should include at a minimum
an annual program meeting and an orientation to the program upon the
arrival of a new employee or resident. Receptacles should be clearly
marked with the recycling symbol and the type of recyclable material
that is to be placed in the receptacle, and signs should be prominently
displayed stating the requirements of the program.
C.
Commercial, municipal and institutional establishments which generate
more than 2,200 pounds of municipal waste per month should also implement
a waste minimization opportunity assessment which includes:
(1)
Waste characterization, including source, generation rate, management
techniques, and management costs. The assessment should expressly
consider high-grade office paper, aluminum, corrugated paper, leaf
waste, clear, green and brown glass and any other materials generated
in significant quantities.
(2)
A description of all possible waste minimization options, including
use and waste reclamation.
(3)
An evaluation of the economic and technical feasibility of each
option and a ranking of each option.
(4)
An estimate of the pay back period for each feasible option.
(5)
A statement of which options will be implemented, including
an explanation and a timetable.
(6)
Identification of the individual(s) who will be responsible
for implementing the plan.
D.
The waste minimization plan should be periodically updated. Implementation
of the plan should include:
(1)
Recycling or composting of materials, to the greatest extent
feasible, either privately or through a municipal recycling program.
(2)
Use, to the greatest extent feasible, of products and materials
which are recyclable or made of post-consumer materials.
(3)
Substitution, to the greatest extent feasible, or durable and
reusable products and materials for products that are not durable
or reusable.
(4)
Appropriate education materials and signs should be made available
to employees or the public to encourage participation in recycling
and waste reduction.
4.
All recycling collection activity shall be conducted from Monday
through Friday between the hours of 6:00 a.m. and 5:00 p.m. or on
Saturday between the hours of 6:00 a.m. and 5:00 p.m., unless prior
approval or an exception has been granted by the Borough. No collection,
hauling or transporting of recyclables shall be permitted on Sunday.
[Ord. 801, 6/18/1991, § 6]
All recyclable materials placed by persons for collection by
the Borough or authorized collector pursuant to this Part shall from
time of placement at the curb, become the property of the Borough
or the authorized collector, except as otherwise provided in § 208
of this Part. Nothing in this Part shall be deemed to impair the ownership
of separated recyclable materials by the generator unless and until
such materials are placed at the curbside for collection. Nothing
contained herein, however, shall be construed so as to create liability
on the part of the Borough because of the placement of such recyclable
materials at curbside.
[Ord. 801, 6/18/1991, § 7]
It shall be a violation of this Part for any person, firm or
corporation, other than the Borough 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 Borough 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 on one calendar day shall constitute
a separate and distinct offense punishable as hereinafter provided.
[Ord. 801, 6/18/1991, § 8]
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 or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
[Ord. 801, 6/18/1991, § 9]
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this Part. 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 unless
markets do not exist and the collection or operators have notified
the Borough Secretary, or his designee, in writing.
[Ord. 801, 6/18/1991, § 10; as amended by Ord.
830, 2/13/1995; and by Ord. 937, 9/8/2008, § 2]
1.
The Borough Council shall make reasonable rules and regulations for
the operation and enforcement of this Part as deemed necessary including,
but not limited to:
A.
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.
B.
Establishing collection procedures for recyclable materials.
C.
Establishing reporting procedures for amounts of materials recycled.
D.
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
E.
Establishing procedures and rules for the collection of leaf waste.
2.
Any person firm or corporation who shall violate the provisions of
this Part 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.
3.
Except as hereinafter provided, any person, firm or corporation other
than a municipal officer exercising his official duties, who violates
any provision of this Part, any regulation promulgated hereunder,
any order issued hereunder or the terms or conditions of any approved
municipal waste management plan shall, upon conviction, be sentenced
to a fine of not less than $100 nor more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each violation for each separate day and each
violation of any provision of this Part, any regulation promulgated
hereunder, any order issued hereunder or the terms or conditions of
any approved municipal waste management plan shall constitute a separate
offense.
4.
The Borough reserves the right not to collect municipal waste containing
recyclable materials in combination with non-recyclable materials
or not to collect municipal waste from any residence not being registered
as having obtained a Borough recycling container.
5.
It shall be unlawful for any person, firm or corporation to violate
or cause or assist in the violation of any provisions of this Part
or any regulation thereof, including failing to make any required
payment, hindering, obstructing, preventing, or interfering with Borough
personnel in the performance of any duty hereunder. To assist in the
enforcement and administration or this Part, the Borough shall appoint
a Recycling Coordinator who shall be responsible to periodically monitor
compliance, participation, receive complaints and issue warnings and
or notices of violation for noncompliance. Further, the Recycling
Coordinator shall collect and report recycling data and program performance
to Borough Council and any other agency as required by law.
[Ord. 801, 6/18/1991, § 11]
The Borough may enter into an agreement(s) with public or private
agencies or firms to authorize them to collect all or part of the
recyclable materials from curbside.
[Ord. 937, 9/8/2008, § 3]
The Borough shall sustain a comprehensive public recycling education
program for both residential and commercial occupants and owners,
which program shall advertise recycling, features and requirements
and identify special recycling materials. As part of this program,
the requirements of this Part will be published on the Borough's website
and in the quarterly newsletter which will be circulated within the
Borough containing education information and special recycling program
news. Further, the Borough will participate in and advertise county
or multimunicipal-sponsored programs dealing with recycling special
hazardous waste materials.
[Ord. 801, 6/18/1991, § 13; as amended by Ord.
937, 9/8/2008, § 3]
The Borough may, from time to time, modify, add to or remove
from the standards and regulations herein and as authorized in § 210.
