[Ord. 344, 4/6/1981, § 1]
This Part is adopted to regulate the care and removal of garbage,
refuse and ash, govern the assessment and collection of fees therefor,
and prescribe fines and penalties for violations.
[Ord. 344, 4/6/1981; as amended by Ord. 385, 10/7/1985; and
by Ord. 592, 11/4/1996, § 102]
As used in this Part, the following words shall have the following
meanings:
A building arranged, designed and intended for occupancy
by four or more families living independent of each other in separate
residential dwellings, doing their own cooking therein. Also known
as "multifamily rental housing property." A building of three or less
families (units) shall be deemed to be a residential establishment.
The residue from the burning of wood, coal, coke or other
combustible materials.
Any establishment engaged in a nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, theaters, churches and mobile home
parks.
Animal and vegetable matter after it has been used or prepared
as food for man, including kitchen and table wastes of animal or vegetable
matter such as vegetables, fish, bones, fat and other ordinary kitchen
wastes resulting from the preparation of food.
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, refineries and the like.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semisolid or contained
gaseous material resulting from the operation of residential, municipal,
commercial, industrial or institutional establishments and from community
activities, including any trace amounts of hazardous waste normally
found in household trash, garbage, or refuse, and any sludge not meeting
the definition of residual or hazardous waste in the Solid Waste Management
Act from a municipal, commercial, industrial or institutional water
supply treatment plant, wastewater treatment plant or air pollution
control facility. The term does not include source-separated recyclable
materials or "leaf waste" as defined by Act 101.
Garbage, rubbish, ashes and riffraff as herein defined.
Any premises utilized primarily as a residential dwelling
unit including, but not limited to, homes and mobile homes, containing
three or less residential dwellings. Premises containing four or more
rental residential dwellings are "apartments." Premises with over
30% of the floor area used by a nonresidential establishment shall
be deemed to be a "commercial establishment."
All material not included in the definitions of "garbage,"
"refuse," "rubbish," and "ashes," but shall include new or used furniture,
tires, other machinery such as washing machines, bicycles and any
large waste materials not commonly produced from the ordinary conduct
of housekeeping.
Paper, rags, street sweepings, dead animals, excelsior, straw,
boxes, old clothes, mattresses, old shoes, leather scrap, oil-cloth,
carpet, Christmas trees, prunings from vines, lawn trimmings, grass,
trash and any and all other flammable waste materials which result
from the ordinary conduct of housekeeping.
[Ord. 344, 4/6/1981, §§ 3 and 4; as amended
by Ord. 385, 10/7/1985]
1.
All householders shall provide individual containers of not less
than 10 gallons, and not more than 32 gallons' capacity, which
containers shall be of plastic or metal with tightly fitting covers,
shall be windproof, shall be equipped with handles and shall be designed
to be carried by one man, and the occupants and proprietors of the
places where ashes, refuse and rubbish are accumulated shall provide
sufficient number of containers so that the aggregate capacity shall
be sufficient for normal needs between intervals of collection; provided,
however, that the total loaded weight of any such container shall
not be more than 35 pounds, and provided further that it shall be
the responsibility of each and every householder to maintain said
containers in proper condition for the storage of said materials therein
and the handling thereof by the collection service.
2.
Plastic bags or waste containers may be used for materials appropriate
to such usage; provided, however, that the total loaded weight of
the plastic containers shall not exceed 35 pounds or the wet breaking
strength of the plastic containers, whichever is less.
3.
No garbage, rubbish, ashes or riffraff shall be deposited, thrown
out or littered onto any street, public way or private property in
the Borough, except in approved containers, at the time so designated
that it is to be collected.
4.
Only residents of the Borough may deposit garbage that is to be collected.
It shall be unlawful for any nonresident to bring any material into
the Borough and leave it.
5.
No earth or other material used for construction or remodeling shall
be collected. This material is to be disposed of by the contractor
or citizen.
[Ord. 344, 4/6/1981, § 5; as amended by Ord. 385,
10/7/1985; and by Ord. 592, 11/4/1996, § 104]
1.
All municipal solid waste accumulated in the Borough of Fountain
Hill from residential establishments shall be collected, conveyed
and disposed of by the Borough of Fountain Hill, or by a business
entity under contract to the Borough to provide this service, in accordance
with the regulations of this Part and any other applicable regulations
of the Borough.
2.
The collection and disposal of residential refuse in the Borough
of Fountain Hill shall be under the supervision of the Borough Executive
Secretary. He shall have the authority to make authorized regulations
concerning the days of collection, type and location of waste containers
and such other matters pertaining to the collection and disposal as
he may deem advisable or necessary and to change and modify the same
after notice as required by law, provided that such regulations are
not contrary to the provisions hereof. An aggrieved person shall have
the right to appeal against any regulation or order made by the Borough
Executive Secretary to the Borough Council, which may confirm, modify
or revoke any such regulation or order; provided, however, that no
such appeal to Borough Council shall be permitted as to any regulation
covered by this Part or any regulation or order of the Borough Executive
Secretary which shall have been approved by Borough Council.
3.
All persons owning and/or occupying residential establishments, except
apartments, within the Borough of Fountain Hill shall dispose of all
garbage, rubbish, ashes or riffraff, by means of the Borough collection
service, and no such person or persons shall transport or dispose
of any refuse by any means not approved by this Part or other regulations
adopted from time to time by Borough Council.
4.
All containers and receptacles shall be placed at the edge of each
property that borders on a street or public way not more than 12 hours
prior to collection and removed from the same place within 12 hours
after the material has been collected.
[Ord. 344, 4/6/1981, § 6; as amended by Ord. 385,
10/7/1985]
1.
The fees for the residential collection and disposal service shall
be determined by resolution of the Borough Council. Public notice
of the fee schedule shall be made by the Borough Council Secretary.
2.
All bills for the residential collection and disposal service shall
be rendered to the owner of each property based on the number of residential
units in or on the said property, and the bill shall thereupon be
immediately due and payable to the place designated on the bills rendered
for same.
3.
The property owner shall be solely responsible for notifying the
Borough, in writing, at the time of billing, if there are more or
less residential units on his property than what he has been billed
for, and, upon failure of a property owner to so notify, he shall
be liable for payment of all fees based on the number of residential
units the Borough shall determine, along with penalties applicable
from the date on which any additional unit or units should have been
first billed.
4.
The fee for residential units as set by Council shall be subject
to a 5% discount if paid within 30 days of receipt of the bill. The
gross amount is to be paid if payment is made in the following 30
days. After 60 days, if the bill remains unpaid, a 10% penalty shall
be added to all charges. Additional measures may at that time be taken
by the Borough Executive Secretary and/or the Borough Solicitor to
collect such charges plus interest, under the laws relating to collection
of municipal claims, or in any manner authorized by law.
[Ord. 344, 4/6/1981, § 7; as amended by Ord. 385,
10/7/1985; and by Ord. 592, 11/4/1996, § 106]
All commercial establishments, institutional establishments,
industrial establishments and apartments shall employ a refuse contractor
to collect their refuse, provided that the contractor complies with
all of the sections of this Part and other applicable regulations
of the Commonwealth and/or Lehigh County.
A.
All apartments, commercial industrial and institutional establishments
shall provide for the collection and disposal of all municipal waste
generated by such establishment from that establishment at least once
each week by contract with a collector. The Borough shall not provide
nor contract nor otherwise be responsible for or obligated to provide
any such collection, removal, transportation or disposal service to
or from any such establishment.
B.
Storage of municipal waste on the property of apartments, industrial
and institutional establishments shall be provided in the same type
of containers as are required for residential dwellings, except that
containers larger than 30 gallons or dumpsters may be used where needed
to accommodate larger volumes of municipal waste. Such containers
and dumpsters shall be kept in clean, safe and sanitary condition.
C.
Containers for collection of municipal waste at apartments, industrial
and institutional establishments shall be located on such premises,
and shall be appropriately screened at a place which shall not interfere
with public or private sidewalks, driveways, roads, streets, highways
or entrances and exits to public or private buildings.
D.
The collection and disposal of municipal waste at apartments, industrial
and institutional establishments shall be subject to such rules and
regulations as shall from time to time be promulgated by the Executive
Secretary and approved by Borough Council.
[Ord. 385, 10/7/1985; as amended by Ord. 592, 11/4/1996,
§ 107]
All contractors shall comply with the implementation of the
Lehigh County Act 101 Municipal Solid Waste Disposal Plan, particularly
to licensing provisions, as well as the governing County ordinances,
as amended from time to time.
[Ord. 344, 4/6/1981, § 7; as amended by Ord. 684,
10/6/2003]
1.
Any person, firm or corporation violating any provisions of this
Part, including failure to pay fees under § 105 of this
Part, shall be fined not more than $600 and costs for each offense,
and a separate offense shall be deemed committed on each day during
or on which the violation occurs or continues.
2.
The fact that garbage, refuse or ashes remain on any occupant's
premises in the Borough in violation of this Part shall be prima facie
evidence that the occupant of such premises is responsible for the
violation of the Part occurring.
[Ord. 344, 4/6/1981, § 8]
If any section, paragraph, subsection, clause or provisions
of this Part shall be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of this
Part as a whole or any other part thereof.
[Ord. 344, 4/6/1981, § 10]
This Part shall take effect immediately upon approval of Borough
Council.
[Ord. 753, 4/5/2010, § 1]
1.
The Office of the Executive Administrator/Secretary of the Borough
of Fountain Hill is hereby charged with the duty of collecting all
residential and commercial fees for the collection and disposal of
solid waste and is authorized to adopt such regulations as may, in
his/her discretion, seem fit and proper, subject to the approval of
Borough Council.
2.
The following provisions shall apply to the collection of all residential
and commercial fees for the collection and disposal of solid waste:
A.
Payment Discount. The solid waste collection and disposal charge
as set forth by Borough Council shall be subject to a 2% discount
if paid within 30 days of receipt of the bill. The gross amount is
to be paid if payment is made in the following 30 days.
B.
Delinquent Rentals. Any solid waste collection and disposal charge
not paid within 60 days after the date due shall be classified as
delinquent. The Borough shall notify the property owner of the delinquency
in writing, via first class, postage prepaid United States mail, at
the last known address of the property owner.
(1)
In the event that a property owner makes payments on a delinquent
account, those payments shall be first applied to satisfying the delinquent
charges for solid waste collection and disposal until such delinquent
charges are paid in full, at which time any excess monies collected
will be applied against current fees, costs, interest, penalties and
principal account balance.
[Amended by Ord. 826, 7/5/2016]
(2)
The Executive Administrator is authorized, in appropriate cases,
to enter into agreements permitting the property owner to make payments
on his or her delinquent rentals.
(3)
The Executive Administrator shall permit property owners to enter into the agreements mentioned in Subsection B(2) above when (i) the gross household income for a property owner is less than or equal to the annual Poverty Guidelines as set forth by the United States Department of Health and Human Services, and (ii) the property owner does not owe more than $1,500 in delinquent rentals. This subsection may be amended from time to time by resolution of Borough Council as to the eligibility to enter into agreements.
(4)
The monthly payment plans shall be completed as follows:
(a)
If the total amount of delinquent solid waste collection and
disposal charges is less than $500, the property owner may enter into
a repayment plan not to exceed 90 days, with a minimum monthly payment
equal to the total amount outstanding divided by three.
(b)
If the total amount of delinquent solid waste collection and
disposal charges is equal to or greater than $500 but less than $1,000,
the property owner may enter into a repayment plan not to exceed 120
days, with a minimum monthly payment equal to the total amount outstanding
divided by four.
(c)
If the total amount of delinquent solid waste collection and
disposal charges is equal to or greater than $1,000 but less than
$1,500, the property owner may enter into a repayment plan not to
exceed 180 days, with a minimum monthly payment equal to the total
amount outstanding divided by six.
(d)
If the total amount of delinquent solid waste collection and
disposal charges is equal to or exceeds $1,500, the property owner's
account will be referred to the Borough Solicitor for collection.
(5)
If a property owner should fail to pay any current quarterly solid waste collection and disposal charge while enrolled in a monthly repayment plan as set forth in § 210, Subsection 2B(4), any and all delinquent charges owed pursuant to the repayment plan will become immediately due and payable.
(6)
Failure to pay any installment of delinquent solid waste collection
and disposal charges when due pursuant to any repayment plan entered
into between the Borough and the property owner will result in an
enforcement action, additional interest, late fees, costs of collection
and attorney's fees.
C.
Enforcement Actions.
(1)
Legal Actions; Filing of a Lien. Such solid waste collection and disposal charge shall be a lien on the properties charged with the payment thereof, from the date set forth in this section, and if not paid after 30 days' notice or, if applicable, within the time frames set forth in § 210, Subsection 2B(4), may be collected by an action of assumpsit in the name of the Borough against the owner of the property charged, or by distress of personal property on the premises, or by a lien filed in the nature of a municipal lien. All proceedings under this action shall be subject to an attorney's commission in the statutory amount of 5% the amount outstanding, provided that notice is given to the property owner as provided by law. Notice shall mean delivery of the sewer rental bill by ordinary mail to the owner of the premises.
[Ord. 753, 4/5/2010, § 1]
Any solid waste collection and disposal charge not paid within
60 days after the date due shall bear interest at the maximum rate
permitted by law. As of the effective date of this section, the maximum
rate of interest permitted by law is 6%.
[Ord. 495, 3/2/1992, § 1]
1.
Title. This Part shall be known as the "Borough of Fountain Hill
Mandatory Recycling Ordinance."
2.
Construction.
A.
The various headings used throughout this Part 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 Part.
3.
Repealer. All other ordinances, chapters or codes or parts of ordinances,
chapters or codes in conflict herewith, in whole or in a part, are
hereby repealed, but only to the extent of such conflict.
4.
Continuation. The provisions of this Part hereby adopted, insofar
as they are the same as any ordinances in force immediately prior
to the enactment of this Part, are intended as a continuation of such
ordinances, and not as new enactments.
5.
Saving Clause. The provisions of this Part hereby adopted shall not
be construed to affect any suit or proceeding pending in any court,
or any rights acquired, accrued or liability incurred, or any cause
or causes of action acquired or existing, under any act or ordinance
hereby repealed as cited in this Part; nor shall any just or legal
right or remedy of any individual or entity of any character be lost,
impaired or affected by this Part.
6.
Severability. In the event any of the provisions of this Part or
the application thereof is declared unconstitutional, unlawful, invalid
or unenforceable by a court of competent jurisdiction, such declaration
shall not affect any other provisions or applications of the remainder
of this Part or of this Part as a whole, and the remaining provisions
and applications shall continue in full force and effect as though
the unconstitutional, unlawful, invalid or unenforceable provision
or application thereof had never been a part hereof.
[Ord. 495, 3/2/1992, § 2; as amended by Ord. 592,
11/4/1996, § 202]
The following words and phrases, when appearing in the text
of this Part, shall have the meaning given to them in this section,
unless the context clearly indicates otherwise.
Empty containers used for food or beverage, consisting entirely
of aluminum.
A building arranged, designed and intended for occupancy
by four or more families living independent of each other in separate
residential dwellings, doing their own cooking therein. Also known
as "multifamily rental housing property." A building of three or less
families (units) shall be deemed to be a residential establishment.
The collection of recyclable materials by a person, company,
contractor or service which has a prior agreement, contract, permit
or arrangement authorizing pickup and transportation of recyclable
materials, as a part of the recycling program of the Borough of Fountain
Hill.
Empty containers consisting of either steel only, or steel
and aluminum, which were used to contain either food or beverage or
both.
The Borough of Fountain Hill, a Borough duly organized and
existing as a municipal corporation and political subdivision of the
Commonwealth of Pennsylvania, located in Lehigh County, Pennsylvania,
including Borough Council, the Executive Secretary, the Borough staff
and other officers, officials, and employees, when duly authorized.
Includes any paper which has a shiny or glossy finish or
appearance, resulting from treatment of the surface or application
of a coating of kaolin, clay or other chemicals. "Coated paper" does
not include the advertising inserts which are often or normally intermingled
or distributed with newspapers.
Includes all business, commercial, educational, industrial,
institutional or municipal establishments, and community activities.
Specifically included are the "Cedarbrook Annex" of Lehigh County
at Delaware and Mohican Streets, the "Fountain Hill Towers" at Seneca
and Hoffert Streets, and the "Mill 1" and "Mill 2" Housing Development
at 901 Cherokee Street, because of their distinguishing characteristics
of concentrated population density, size, and integrated management
and support systems. If a commercial activity occurs in a residential
establishment, only the recyclable materials from the commercial portion
of the establishment shall be deemed to be from a commercial activity.
Any person who hauls or transports, by any mode of transportation,
for any consideration or as a business in trade or commerce, any waste
material which that same person collects, picks up or receives from
any location within the Borough of Fountain Hill.
The container and lid, if any, that is issued, sold or approved
by the Borough for the purposes of collecting, storing and placing
recyclables at the curbside for authorized collection.
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.
The following location on the adjoining public street or
road, but not alleys, on which the establishment or structure has
its address, front door or frontage.
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 roads which do not have curbs, within reasonable
safe proximity of the paved cartway.
As otherwise established by regulation of the Executive Secretary,
where the above locations are not clear or satisfactory.
The regularly scheduled operation which provides labor, equipment
and services to collect recyclable materials from the curbside of
designated residential establishments within the Borough.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
Any white paper of 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. Other similar paper, such
as colored papers, carbonless paper, "FAX" or thermal paper, etc.,
may but need not be included in this meaning. It does not include
newspaper, magazines, corrugated paper or any coated paper.
Any police officer or auxiliary police officer, whether employed
by the Borough of Fountain Hill or the Commonwealth of Pennsylvania,
or a Code Enforcement Officer of the Borough of Fountain Hill, or
any person duly authorized and appointed by Borough Council and/or
the Executive Secretary to enforce this Part.
Includes but not be limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and all other plants, garden residues,
shrubbery, tree trimmings and similar materials sometimes known as
or referred to as "yard waste," but may not include 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 newspapers
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.
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 included
as newspapers are the advertising inserts printed on coated paper
which are often or normally distributed or intermingled with newspapers.
Any individual, association, partnership, proprietorship,
company, firm, corporation, trust, estate, institution, cooperative
enterprise, municipality or municipal entity, owner, operator, occupant,
tenant, agency or other entity, and the officers, directors, agents
and employees of any legal entity having officers, directors, agents
and employees, as the context may require.
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 chemicals
compositions of plastic.
Property owned or leased by, or dedicated to, the Borough
of Fountain Hill, the County of Lehigh, the Commonwealth of Pennsylvania
or the U.S. Federal Government.
Materials identified by the Borough to be recycled including,
but not limited to, the materials listed in § 1501 of Act
101.
A facility employing technology that is a process that separates
or classifies municipal waste and creates or recovers reusable materials
that can be sold to or reused by a manufacturer as a substitute for
or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities.
The rules, regulations, standards, specifications, orders,
licenses, permits, interpretations, schedules, zones, routes and waivers
established from time to time by the Borough pursuant to the authority
of this Part. Such regulations shall be deemed to be a part of this
Part and included by reference as if written herein.
A single-family dwelling.
Each structure containing residential dwellings, excluding apartments.
Each residential dwelling within any structure containing residential
dwellings.
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These definitions shall apply regardless of either the form
of ownership or tenancy, or the physical arrangement of establishments
which are defined as "commercial activities" by this Part. If a commercial
activity occurs in a residential establishment, only the recyclable
materials from the residential portion of the establishment shall
be deemed to be from a residential establishment.
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The act or practice of removing, taking, scattering or disturbing
recyclable materials which have been collected and assembled in containers,
whether stored on private or public property or placed by a roadway,
street or curb for authorized collection, which act or practice is
neither authorized collection nor part of nor authorized by either
the Borough of Fountain Hill recycling program or the person who generated
those recyclable materials. "Scavenging" shall not include the collection
or picking up of scattered solid waste, litter, trash or debris, whether
or not recyclable, from roadsides or public property with the intent
of lawfully disposing of or recycling said solid waste, litter, trash
or debris.
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 Pennsylvania Department of Environmental
Resources for beneficial use.
Stoves, dishwashers, refrigerators, freezers, hot water heaters,
clothes washers, dryers and similar appliances.
[Ord. 495, 3/2/1992, § 3; as amended by Ord. 592,
11/4/1996, § 203]
The following materials are hereby designated as "recyclable
materials" within the Borough of Fountain Hill:
A.
B.
Commercial. For all other commercial activities as defined in this
Part:
[Ord. 495, 3/2/1992, § 4]
1.
Recyclable Materials. Every person in the Borough of Fountain Hill
shall be required to separate each of the recyclable materials listed
in § 203, "Recyclable Materials," of this Part, 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.
2.
Batteries. Lead-acid batteries shall not be disposed of or included
in with any municipal solid waste or recyclable materials. Lead-acid
batteries shall be disposed only in accordance with Section 1510 of
Act 101 (53 P.S. § 4000.1510), and otherwise prevailing
Commonwealth law and regulations.
3.
Plastic Beverage Carriers. Plastic beverage carriers which are not
degradable shall not be used, as required by Section 1701(c) of Act
101.
4.
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.
[Ord. 495, 3/2/1992, § 5]
All persons owning, occupying or operating residential establishments
within the Borough of Fountain Hill shall comply with the following
requirements:
A.
Separation. Separate the recyclable materials from all other municipal
solid waste, and maintain the recyclable materials in the separate
condition until collection by the Borough or its contractor. The recyclable
materials may be commingled together, in accordance with regulations
established by the Borough. The separation shall be performed by the
time those materials are placed at curbside for collection.
B.
Preparation. Prepare for recycling all of the recyclable materials
generated by that person, in accordance with the regulations for each
respective materials 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 Fountain Hill recycling containers or other containers
authorized by the Borough, in accordance with regulations established
by the Borough. Each residential establishment shall acquire and use
a set of the official Borough of Fountain Hill recycling containers
for this purpose.
D.
Placement and Time. Each recyclable material, in their proper recycling
containers, shall be placed or set out at curbside, and empty recycling
containers shall be removed from curbside, on the scheduled day for
collection, in accordance with the times and schedules established
by the Borough.
[Ord. 495, 3/2/1992, § 6]
1.
Acquisition, Purchase, Identity, Purpose.
A.
One official Borough recycling container, of either 10 or 20 gallons'
capacity, shall be provided by the Borough to the owner, occupant
or operator of each residential establishment, including each residential
dwelling in all multifamily housing, but each recycling container
shall remain the property of the Borough.
B.
If desired, the owners, occupants or operators of each residential
establishment may purchase additional recycling containers from the
Borough, at the discretion of the Borough. However, the Borough shall
not return or refund any fee that may have been paid to purchase any
additional recycling containers when those containers are returned
to the Borough.
C.
The Borough shall maintain a written record of the distribution and
payment, if any, of the official Borough recycling containers to each
residential dwelling and establishment.
D.
The Borough shall have the power to require that each recycling container
be marked to identify the address or location of the residential establishment
to which it is assigned.
E.
Recycling containers shall not be used for any purpose other than
recycling.
2.
Replacement Fee Amount.
A.
A reasonable replacement fee of $8 per each ten-gallon official Borough
recycling container, and $10 per each twenty-gallon official Borough
recycling container is hereby established, to provide for the replacement
of each of the Borough's official recycling containers, if and
when necessary.
B.
The amount of the replacement fee may be subsequently changed from
time to time by a resolution of the Borough Council, and shall be
adequate in amount to reimburse the Borough for the cost of purchasing
a replacement for any such container.
C.
Time of Replacement and Payment. If any official Borough recycling
container provided to a residential establishment, including multifamily
housing, is replaced after the effective date of this Part, then the
established replacement fee for that container shall be paid to the
Borough.
D.
Returns.
(1)
Since the recycling containers are the property of the Borough,
they shall either be left at that residential dwelling for the next
owner, occupant or operator of that residential establishment, or
else returned in good condition, cleaned and without any residue in
them, to the Borough.
(2)
Recycling containers shall remain with each residential establishment.
Returns of the recycling containers to the Borough shall occur only
when the owner, occupant or operator moves or otherwise no longer
owns, occupies or operates the residential establishment to which
the official recycling container was provided. The Borough may require
presentation of a Borough of Fountain Hill Moving Permit, or other
satisfactory documentation of the ownership of the recycling container
or circumstances causing the return, before accepting the return or
providing a replacement recycling container. The Borough may, but
shall have no obligation to, provide a replacement recycling container
without payment of the replacement fee if the Borough has records
indicating that a recycling container was previously issued to that
residential dwelling and not returned. In that event, the new owner/buyer,
occupant/tenant or operator of the residential establishment shall
look to the former owner/seller, occupant/tenant/landlord or operator
to provide an official Borough recycling container.
E.
Loss, Theft or Damage.
(1)
The owner, occupant and operator of each residential establishment
is responsible for and shall bear the risk of loss, theft or damage
to the official recycling container supplied for the use of that establishment.
(2)
If any official recycling container for a residential establishment
is either lost, stolen or damaged, the owner, occupant or operator
shall pay a replacement fee to the Borough for replacement in kind
of the official recycling container, as otherwise specified in this
section.
[Ord. 495, 3/2/1992, § 7; as amended by Ord. 592,
11/4/1996, § 207]
1.
Curbside Recycling Program. The Borough of Fountain Hill shall perform
or contract for collection of all recyclable materials which are placed
at curbside by each residential establishment on at least one occasion
per calendar month, in accordance with zones and schedules established
by the Borough. Collection days shall be established by the Borough
and shall be alternating days of the week as authorized by the Executive
Secretary and approved by Borough Council.
2.
Duty to Collect. The Borough or its 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 scheduled collection day. The Borough or its contractor shall
have no obligation to collect any materials which do not conform to
this Part or regulations.
3.
Dropoff Centers. The Borough or its contractor may operate "dropoff"
centers at various locations within the Borough of Fountain Hill for
the collection of recyclable materials, as designated by § 203
of this Part. The Borough shall establish by resolution the locations,
operating hours, recyclable materials accepted and other details of
the operation of the dropoff centers.
4.
Leaf Waste. The Borough of Fountain Hill shall collect dry leaves
only during the months of October, November and December of each calendar
year.
5.
Sale and Marketing.
A.
Recyclable materials that are collected shall be recycled unless
markets for them do not exist.
B.
The Borough or its contractor shall transport, process, sell, market
and dispose of all recyclable materials collected by the Borough or
its contractor in any manner that the Executive Secretary or the Borough's
contractor sees fit, in their respective discretion, except that there
shall be no cash transactions involving recyclable materials marketed
by the Borough.
C.
The Executive Secretary or Treasurer shall establish and keep necessary
records and report at least quarterly to the Borough Council the quantity
and to whom the recyclable materials are sold, processed, marketed
or disposed.
D.
The Borough or its contractor shall accord consideration for the
collection, marketing and disposition of recyclable materials to persons
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 Section 1501(f) of Act 101.
E.
Dealers that market the recyclable materials collected within the
Borough must provide written documentation that either said materials
are recycled, or that markets for those materials do not exist.
6.
Borough Organization. The Executive Secretary shall establish an
appropriate administrative organization and system for the collection,
transportation, separation, processing, sale, marketing and disposition
of recyclable materials in accordance with this Part, but only if
the Borough has not contracted with a person or agency to collect,
separate and market recyclable materials within the Borough.
7.
Contracting Out. Nothing in this Part shall prohibit the Borough
from entering into agreements or contracts with any person or agency
to collect, separate and market recyclable materials within the Borough
on behalf of the Borough.
A.
Power. The Borough shall have the power to enter into contracts with
other persons for the collection, transportation, separation, processing,
sale, marketing or disposition of materials as required by Act 101
and this Part.
B.
Allocation of Functions. Any such contract shall state in writing
which functions, rights and duties of the Borough under this Part
shall be performed by the contracting person, and which functions,
rights and duties shall remain with the Borough.
C.
Substitution and Interpretation. To the extent that any contracting
person takes the place of the Borough of Fountain Hill in the performance
of functions, rights and duties under this Part, the "Borough of Fountain
Hill" and the "Borough" shall be deemed to mean that contracting person.
D.
Responsibility. A person who enters into a contract under this subsection
shall be responsible with the Borough of Fountain Hill for implementation
of this Part, to the extent of such contract.
[Ord. 495, 3/2/1992, § 8]
1.
Ownership. All recyclable materials shall become the property of
and shall be owned by the Borough of Fountain Hill or its authorized
agents or contractors when such materials are placed at the curbside
for pickup by the Borough or delivered to the dropoff center. Nothing
in this Part shall be deemed to impair the ownership of recyclable
materials by the person who generated them before such placement or
delivery.
2.
Scavenging. It shall be a violation of this Part and shall be deemed
disorderly conduct for any person as defined above to scavenge or
participate in scavenging.
3.
Misuse of Containers. It shall also be a violation of this Part and
shall be deemed disorderly conduct for any person to damage, take,
remove, deface or use for collection any crate, container, bucket
or other device issued, sold, provided or approved by the Borough
of Fountain Hill and/or the County of Lehigh as a part of any recycling
program, pilot program or effort.
[Ord. 495, 3/2/1992, § 9; as amended by Ord. 592,
11/4/1996, § 209]
All multifamily housing and apartments as defined in this Part,
shall recycle all recyclable materials as designated in § 203,
Subsection A, generated by either of the two following methods:
A.
Contract. Contracting with a commercial solid waste hauler or otherwise
providing for the recycling, as defined by Act 101, of all of the
recyclable materials generated within that multifamily housing and
apartments, in accordance with this Part. Commercial solid waste haulers
contracted, engaged or hired for recycling shall comply with the requirements
of § 211 of this Part.
B.
On-site System. Multifamily rental housing properties and apartments
may establish a collection system for recyclable materials at each
property, as required by Section 1501(c)(1)(ii) of Act 101, which
collection system shall consist of the following components as a minimum:
(1)
Suitable containers for collecting and sorting materials.
(2)
Easily accessible locations for the containers.
(3)
Written instruction to the occupants concerning the use and
availability of the collection system.
(4)
The Borough may establish regulations defining compliance with
these requirements.
(5)
The Borough may also approve by motion other equipment and methods
that comply with the standards of this Part, and that are acceptable
to the Borough's recycling contractor, if any (such as large
bins for all multifamily housing on a particular property).
(6)
Owners, landlords and agents of owners and landlords who comply
with this subsection shall not be liable for the noncompliance of
the occupants of their buildings.
(7)
Compliance with Hauler Regulations. If a multifamily housing
and apartments contract with a solid waste hauler for the recycling,
the multifamily housing and apartments shall comply with all regulations
of the hauler or the Borough for recyclable materials with regard
to the following:
(a)
Separation.
(b)
Preparation.
(c)
Storage and placement in containers.
(d)
Placement for pickup.
(e)
Timing of placement and pickup.
|
Violations of these regulations shall be reported to the Borough
and the person owning, occupying or operating the multifamily housing
and/or apartment who commits a violation shall be subject to the penalties
provided by this Part under § 215.
|
[Ord. 495, 3/2/1992, § 10]
1.
Recycling. Every person owning, occupying or operating a commercial
activity, as defined by this Part, within the Borough of Fountain
Hill shall comply with this Part by separating and storing in an enclosed
building or closed container, or as otherwise approved by the Borough,
until collection for recycling, by contract with a commercial solid
waste hauler or otherwise, all of the recyclable materials designated
in § 203(B) of this Part which are generated by that commercial
activity.
2.
Exemptions. Commercial activities may be exempted from recycling
certain specific materials and/or methods by a motion of Borough Council
for good cause shown, which may include, but need not be limited to,
preserving the confidentiality of documents, impracticality, equivalent
or substitute performance, etc.
3.
Exemption; Report.
A.
Persons occupying business, commercial, educational, industrial,
institutional and municipal establishments shall be exempt from this
Part if those persons have, by contract with a commercial solid waste
hauler or otherwise, provided for the recycling of the designated
recyclable materials. Community activities may not be exempted.
B.
To be eligible for this exemption, a business, commercial, educational,
industrial and institutional establishment must annually provide written
documentation to the Borough of the total number of tons recycled,
and the total amount of solid waste, in tons, to determine the percentage
reduction in the municipal solid waste stream.
4.
Compliance With Hauler Regulations. If a commercial solid waste hauler
is contracted, engaged or hired for recycling, then the commercial
activity shall comply with all regulations of the commercial solid
waste hauler for recyclable materials with regard to the following:
A.
Separation.
B.
Preparation.
C.
Storage and placement in containers.
D.
Placement for pickup.
E.
Timing of placement and pickup.
|
Violations of these regulations shall be reported to the Borough,
and the persons owning, occupying or operating the commercial activity
which commits a violation shall be subject to the penalties provided
by this Part.
|
5.
Commingling Prohibited. To avoid contamination, in no event shall
any solid waste be mixed with any recyclable material, and further
provided that all cans and glass containers, paper and cardboard shall
be kept separated from each other, unless prior written approval is
obtained from the Borough Council by motion.
[Ord. 495, 3/2/1992, § 11]
Any commercial solid waste hauler contracted, engaged, or hired
for recycling in the Borough of Fountain Hill shall comply with the
following requirements:
B.
Comply With Laws. Every commercial solid waste hauler shall comply
with this section, Act 101 and all other applicable laws and regulations.
C.
Separation. To avoid contamination, every commercial solid waste
hauler shall keep each of the several types of recyclable materials
which are designated for collection and collected separate from each
other, unless the hauler can demonstrate in writing that a market
exists for the commingled recyclable materials, and prior written
approval is obtained from the Borough. In no event shall any solid
waste be mixed with any recyclable material.
D.
Recycling. Every commercial solid waste hauler shall either:
E.
Quarterly Reports. Every commercial solid waste hauler shall submit
quarterly report to the Borough. Reports shall be submitted within
two months of the end of each quarter. Each report shall state for
that quarter:
(1)
The quantity in tons of each recyclable material collected by
that hauler in the Borough of Fountain Hill;
(2)
The total quantity in tons of all garbage, trash and refuse
collected by that hauler in the Borough of Fountain Hill; and
(3)
To whom or where and how each recyclable material was sold or
delivered for processing or recycling.
F.
Reporting Noncompliance. Every commercial solid waste hauler shall
report all instances of apparent noncompliance, with either this section
or its own regulations, to the Borough within 72 hours of becoming
aware of that noncompliance.
[Ord. 495, 3/2/1992, § 12]
1.
Regulations. The Executive Secretary shall have the power to establish
regulations for the following parts of the Borough's Recycling
Program including any subsequent changes and amendments, which shall
become effective 30 days after public advertisement; provided, that
the Borough Council concurs with the proposed regulations by resolution:
A.
Plastic containers — varieties, types, and chemical compositions
to be collected for recycling, both in the Borough's curbside
recycling program and at any drop-off centers, or otherwise disposed
in municipal solid waste.
B.
Preparation of recyclable materials for recycling.
C.
Separating, placing and combining recyclable materials in the official
Borough of Fountain Hill recycling bins.
D.
Exact locations for curbside pickup, where those locations are not
established or are otherwise unsatisfactory.
E.
Zones, routes and schedules for collection days.
F.
Times to set out and bring in the official Borough recycling bins.
G.
Dropoff center locations, operating hours, materials accepted and
other details.
2.
Suspension.
A.
Less Than 30 Days. The Executive Secretary shall have the power to
alter or suspend any such regulation in the event of good cause shown
or emergency including, but not limited to, snowstorms and floods,
without prior notice, for a period not longer than 30 days.
B.
Longer Than 30 Days. Any alteration or suspension extending longer
than 30 days shall require the express concurrence of the Borough
Council by resolution.
C.
Recycling Regulations. Exhibits "A," "B," "C," and "D," being certain
handouts or flyers describing the details of recycling in Fountain
Hill, are attached hereto and made a part hereof as though fully included
within this Part, and are hereby officially established, enacted,
approved and adopted.[1]
[1]
Editor's Note: The Exhibits are included at the end of
this chapter.
[Ord. 495, 3/2/1992, § 13; as amended by Ord. 592,
11/4/1996, § 213]
1.
Notice. The Borough of Fountain Hill shall notify the owner and/or
occupants of residential establishments and commercial, multifamily
housing, apartments, institutional and municipal establishments within
its boundaries of the requirements of this Part.
2.
Timing. This notification shall occur at least 30 days prior to the
initiation of the recycling program and at least once every six months
thereafter.
3.
Education Programs. Education programs shall be furnished periodically
or upon request through the schools and other organizations.
4.
Other Methods. The Executive 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.
[Ord. 495, 3/2/1992, § 14]
Any person seeking to establish a recycling facility within the boundaries of the Borough of Fountain Hill must first obtain all necessary approvals in accordance with the terms and conditions of the Borough of Fountain Hill Zoning Ordinance [Chapter 27] and the Borough's Codified Ordinances, as subsequently amended from time to time.
[Ord. 495, 3/2/1992, § 15; as amended by Ord. 592,
11/4/1996, § 215]
The Executive Secretary and any law enforcement officer shall
be responsible for monitoring and enforcing compliance with this Part
and regulations.
A.
Administrative Action and Enforcement. For violations of this Part
by either the owners, occupants, or operators of residential establishments,
the Borough shall comply with the following administrative actions
and enforcement procedure before commencing any action before the
District Justice:
(1)
Tagging. For the first two violations by the same person within
the last year, which violations shall be separate violations on different
dates, any municipal solid waste or recyclable material which does
not comply with the provisions of this Part shall be left at curbside
and shall be tagged with instructions on proper recycling. The address
of the violation will be recorded by the Borough of Fountain Hill.
(2)
Letter. For the third separate violation on a different date
within the last year, the owner, occupant or operator shall be notified
by registered letter of the penalties for continued noncompliance
with this section.
B.
Civil Liability Before District Justice. Any commercial activity,
as defined by this Part, or commercial solid waste hauler, or any
owner, occupant or operator of a residential establishment, multifamily
housing and apartments, who has been previously subjected to all of
the administrative action and enforcement procedure of this section
within the last year, which violates any provision of this Part, shall
be subject to the following civil penalties, payable to the Borough
of Fountain Hill, upon each finding of liability for a violation of
this Part by the District Justice:
(1)
First Action. For the first action before the District Justice
within the last year, a civil penalty of not more than $300 and costs,
including reasonable attorney's fees.
(2)
Subsequent Actions. For any action before the District Justice
within one year subsequent to a previous finding by the District Justice
of civil liability by the same person for any violation of this Part,
a civil penalty of not more than $1,000 and costs, including reasonable
attorney's fees; provided, however, that no owner, occupant,
or operator of a residential establishment shall be liable for a civil
penalty greater than $300 and costs, including reasonable attorney's
fees, for a violation of solely the administrative regulations established
pursuant to the authority of this Part.
(3)
Each day that a violation of this section continues shall be
deemed to be a separate violation. Each violation shall be deemed
to be a separate violation.
C.
Incentives.
(1)
The Executive Secretary shall have the power to establish incentives
to promote compliance with this Part, as may be appropriate from time
to time. The Executive Secretary shall report at least quarterly to
the Borough Council on the incentives which have been established,
and when and to whom those incentives have been granted.
(2)
Procurement Options. The Borough may utilize the provision of
Act 101's Section 1507 — Procurement Procedures for Local
Public Agencies, and Section 1508 — Procurement Options for
Local Public Agencies and Certain Commonwealth Agencies, if the Borough
elects to do so.
[Ord. 495, 3/2/1992, § 16]
1.
Certification and Publication. The Secretary of the Borough of Fountain
Hill shall certify to the adoption of this Part and cause the same
to be published as required by law.
2.
Effective Date. This section shall take full force and effect, and
mandatory recycling for the Borough of Fountain Hill shall commence
30 days after the date of final passage, enactment and approval of
this Part.
