[Adopted 9-16-1991 by Ord. No. 714 (Ch. 20, Part 3, of the
1988 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act.[1]
Light in weight, ductile and malleable metallic substance
or element commonly known as "aluminum" and shall include all aluminum
food and beverage cans. This description excludes aluminum foil, trays,
plates, and miscellaneous aluminum products.
Containers which are comprised entirely of aluminum and which
formerly contained only nonaerosol edible substances.
Containers comprised of aluminum, tin, steel or a combination
thereof, which formerly contained only nonaerosol edible substances.
This includes, by way of illustration and not of limitation,
cans formerly containing such substances as vegetables, meats, fruits,
juices or other similar food storage containers constructed of materials
listed in this definition.
This does not include aerosol cans which contained hazardous
cleaning substances, automotive supply cans, such as transmission
fluids, motor oils, etc., and other similar containers.
All corrugated or other cardboard normally used for packing,
mailing, shipping or containerizing goods, merchandise or other material,
but excluding plastic, foam or wax-coated or soiled cardboard.
A person or company designated by the Borough to collect,
transport, and market recyclables.
The Council of the Borough of Clifton Heights.
The County of Delaware, Commonwealth of Pennsylvania.
The solid waste management plan for Delaware County as approved
by the Pennsylvania Department of Environmental Protection and the
Borough.
Those recyclable materials to be source-separated in the
Borough as defined in this article or as designated by the Borough
from time to time.
The transportation, placement or arrangement of designated
recyclable materials for all possible end uses except disposal as
solid waste.
The location designated by the Borough where recyclables
may be deposited according to rules and regulations to be adopted
by Council resolution.
All clear, green and brown-colored glass food and/or beverage
containers. "Glass" shall not include crystal, ceramics, light bulbs
or plate, window, laminated, wired or mirrored glass.
Includes paper items generated by offices and/or commercial
entities. This may include white computer paper, white copier paper,
white typing paper, white letterhead paper, white note pad paper and
other similar office paper.
The Borough of Clifton Heights, located within the County
of Delaware, Commonwealth of Pennsylvania.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, public and private
schools and educational facilities, other governmental agency or any
other entity or any group of such persons which is recognized by law
as the subject of rights and duties and shall include owners, lessees,
occupants of residences and commercial, institutional or municipal
establishments. In any provisions of this article prescribing a fine,
penalty or imprisonment, the term "person" includes the officers and
directors of a corporation or other legal entity having officers and
directors.
The location designated by the Borough where recyclables
are to be placed for collection.
A material which would otherwise become solid waste, which
can be collected, separated or processed and returned to the economic
mainstream in the form of raw materials or products.
Any process by which materials, which would otherwise become
solid waste, are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
The container provided by the Borough for the express purpose
of storing recyclables for collection by the Borough.
Any human being residing within the Borough on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
Garbage, refuse and other discarded materials resulting from
commercial, institutional, municipal, residential and community activities.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
The Borough shall designate a schedule and plan for the collection
of recyclable materials from residents in compliance with Act 101
by the deadline set in the Act.
A.
Pickup point collections of recyclable materials pursuant to this
section shall be made at least once every week, except in cases where
the collection day falls upon a legal holiday. Collection shall occur
in accordance with a schedule developed by the Borough or its designees.
B.
All residents of the Borough shall source-separate all designated recyclable materials and place them at the pickup point in the manner described in § 285-22 on the date specified for collection in the schedule published by the Borough.
C.
All commercial, institutional and municipal establishments within the Borough are required to recycle materials as designated in § 285-24. Commercial and institutional establishments may not participate in the collection program for residents. The pickup point collection program is for residents only. Written documentation as to the type and weight of materials recycled must be supplied to the Borough annually. Reports are due to the Borough in a form provided by the Borough no later than January 15 of each year.
All recyclables placed at pickup points by residents for collection
pursuant to the collection program shall be prepared for collection
in accordance with the following:
A.
All newsprint shall be placed in paper bags or tied in bundles not
exceeding 35 pounds in weight nor exceeding one foot in thickness.
B.
Glass containers shall have caps and lids removed.
C.
Glass and cans shall be rinsed free of contaminants.
D.
Glass and cans shall be placed in containers to be provided by the
Borough. Plastic garbage bags or other home-use containers shall not
be utilized as containers for recyclable materials. Only containers
designated by the Borough shall be utilized for recyclable material
collection.
E.
No material shall be placed at the pickup point earlier than 6:00
p.m. the evening of the day preceding a scheduled collection day nor
later than 7:00 a.m. on the scheduled collection day. The bundled
newsprint and the containers of glass and cans shall be placed at
the pickup point for collection adjacent to one another and clearly
separated from containers of solid waste.
F.
Any other rule or regulation may be added to this section from time
to time by resolution of Council.
A.
No person shall dispose of leaves, arrange for the disposal of leaves,
or cause leaves to be disposed at any solid waste facility other than
a composting facility.
B.
All persons who gather leaves for disposal as waste shall source-separate
all leaves from other forms of waste (whether organic or inorganic)
and place the leaves for collection at the times and in the manner
prescribed by the Borough from time to time.
C.
Nothing herein shall require any person to gather leaves or prevent
any person from utilizing leaves for compost, mulch or other agricultural,
horticultural, silvicultural, gardening or landscaping purposes.
B.
Designated recyclables for the mandatory commercial and institutional
source-separation program shall be designated by resolution of Council
from time to time. Until changed by resolution, the designated recyclables
shall consist of the following materials:
C.
The arrangement for collection of designated recyclables for disposition
in this section shall be the responsibility of both the person who
generates the recyclable material (generator) and the person contractually
obligated to the generator to arrange for collection and disposal
of its solid waste. Such arrangements may include, without limitation,
direct marketing of recyclables delivery to a dropoff, contracts with
solid waste collectors/haulers for separate collection of any or all
designated recyclables, contracts with other persons for separate
collection of any or all designated recyclables, or direct delivery
to the designated site(s).
D.
Reporting requirements. For the purpose of reporting as required
by the Commonwealth of Pennsylvania, all commercial or institutional
establishments shall report amounts and types of recyclables to the
Borough, on a form provided by the Borough for such purposes, annually
or as often as deemed necessary by the Borough. Reports for the preceding
year shall be due to the Borough by January 15 each year.
A.
It shall be unlawful for:
(1)
Any person other than the Borough, its agents and/or employees, designated
contractors or those licensed by the Borough to take possession of
any designated recyclable material which has been placed at the pickup
point for collection or within a recycling dropoff point pursuant
to this article.
(2)
Any person to violate or to cause or to assist in the violation of
any provision of this article or any provision of Act 101 concerning
recycling.
(3)
Any person to place or to cause to be placed any material other than
a designated recyclable in a recycling container or in or near a recycling
dropoff point.
(4)
Any person to hinder, obstruct, prevent or interfere with the Borough
or its personnel or designated contractor in the performance of any
duty under this article or in the enforcement of this article.
B.
Recyclable materials that have been scattered or spilled from containers
or bundles by other than negligence of the Borough or recycling contractor
shall be replaced promptly by the property owner.
C.
Theft of containers and unpermitted use of containers shall result
in the maximum penalty allowable by law.
D.
All unlawful conduct set forth in this section shall constitute a
public nuisance.
The Borough or, at the direction of the Borough, the designated
contractor collecting solid waste generated within the Borough may
refuse to collect solid waste from any person who has clearly failed
to source-separate recyclables designated under an applicable section
of this article.
Notwithstanding anything herein to the contrary, any resident
of the Borough may donate or sell any recyclable to any other person,
whether operating for a profit or not for profit; provided, however,
that the person receiving the recyclable shall not under any circumstances
collect the donated or sold material from a pickup point without prior
written permission from the Borough for such collection. Permission
for such collection shall not be given for any day other than a Saturday
or Sunday, and in no case shall such permission be given to collect
recyclables from a recycling dropoff point.
A.
Nothing contained in this article shall be construed to interfere
with or in any way modify the provisions of any existing contract
which is consistent with the laws of the Commonwealth of Pennsylvania
and in force in the Borough on the effective date of this article.
B.
No renewal of an existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this article, unless such renewal
or such contract shall conform to the requirements of this article.
Whoever fails to comply with any provision of this article shall,
upon conviction, be fined not less than $25 nor more than $600, and
costs of prosecution, and, in default of payment thereof, shall be
imprisoned not more than 30 days. Each continuing day of a violation
of this article shall constitute a separate offense.
