[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne 10-5-2005 by Ord. No. 1863-05. Amendments noted where applicable.]
All terms used hereunder shall be as accepted and understood by government and industry standards, unless otherwise noted below.
The Municipal Recycling Coordinator shall prepare and promulgate any necessary rules and regulations in accordance with the terms of this chapter. Such rules and regulations shall become effective upon approval, by resolution of the Borough Council, and such regulations may be changed, modified, amended, tolled or repealed by the Municipal Council by majority vote. No enforcement of this chapter shall be made until such time as the rules and regulations have been published.
Notification. The Administration shall notify, at least annually, on behalf of the governing body, all persons occupying residential, commercial and industrial premises within the Borough limits of local recycling opportunities and the source separation requirements as outlined in the rules and regulations. To fulfill the notification requirement, the Administration, at its discretion, may:
Place an advertisement in a newspaper in circulation within the municipality; or
Post a notice in public places where public notices are customarily posted; or
Include notice with other official notifications periodically mailed to residential taxpayers; or
Include notice in a separate mailing such as a community calendar;
Or any combination thereof as is deemed appropriate.
In addition, the Administration shall notify all people occupying residential, commercial or industrial premises of all changes or amendments to the rules and regulations by any of the above methods. The change or amendment to the rules and regulations shall become effective no less than seven days after official notice.
Mandatory source separation. From and after the date of passage of this chapter, it shall be mandatory for all people who are owners, tenants or occupants or all residential and nonresidential premises located within the Borough of Hawthorne to separate designated recyclable material from all other solid waste. The designated recyclable material is to be separately bundled for pickup collection and recycling. Such designated recyclable material shall be deposited separate and apart from other solid waste generated by the premises occupied by such persons, and shall be placed separately at the curb in a manner and on such days and such times as may be hereinafter established by regulations promulgated by the Borough.
Table of recyclable materials.
In addition, the following items cannot be part of the municipal waste stream, and must be disposed of in accordance with the special provisions indicated:
Exceptions. Nothing herein shall prevent the use of newspapers for the purpose of wrapping solid waste or the use of glass containers as the receptacles of liquid waste such as drippings, etc.
Separated recyclable materials become the property of the Borough of Hawthorne at such time as an owner, tenant or occupant of any residential or nonresidential premises shall place at the curb of such premises or bring to the recycling center any designated recyclable materials for collection by the Borough of Hawthorne or its authorized agent.
The collection of recyclable material shall be in the manner prescribed as follows:
All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed outside not sooner than 5:00 p.m. of the day immediately proceeding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside promptly by no later than 8:00 p.m. of the day of collection.
The owner of any property shall be responsible for compliance with this chapter. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system. Violation and penalty notices will be directed to the owner or management. The management or owner will be expected to correct the violation promptly. The management shall issue notification and collection rules to the new tenants when they arrive and every six months.
All commercial, business or industrial facilities shall be required to comply with the provisions of this chapter.
Every business shall report on an annual basis to the Recycling Coordinator, on such form as may be prescribed, on recycling activities, including amount of recycled material and vendor providing service.
All food service establishments shall, in addition to compliance with all other recycling requirements, be required to recycle grease created in the processing of food or food products and maintain record for inspection by any code enforcement officer.
It shall be unlawful for solid waste collectors to collect solid waste that is commingled with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste or recyclables which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated materials.
It shall be the responsibility of the resident to properly segregate the uncollected waste for proper recycling. Allowing such unseparated refuse to accumulate will be considered a violation of this chapter and the local sanitary code.
[Amended 6-6-2007 by Ord. No. 1902-07]
Any person, corporation, occupant or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulation promulgated hereunder shall, upon conviction thereof, be punishable by a fine not to exceed $2,000.
The Code Enforcement Official, the Borough Police Department, the Department of Health, the Recycling Coordinator, the Property Maintenance Official and the Housing Officer are hereby individually and severally empowered to enforce the provisions of this chapter. The respective enforcing official may, in his or her discretion, post warning stickers for a first offense. An inspection will consist of dumping and opening of refuse containers or bags to detect, by sound or sight, any recyclable material.