[Adopted 12-21-2015 by Ord. No. 628-2015[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
III, Newspapers and Magazines, adopted 6-28-1976 by Ord. No. 302,
as amended, and former Art. IV, Recycling, adopted 6-24-1991 by Ord.
No. 408, as amended.
The title of this article shall be the "Lehighton Borough Recycling
Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the
following meanings indicated, unless a different meaning clearly appears
from the context:
Those properties used primarily for commercial or industrial
purposes and those multifamily dwellings for which the Borough does
not provide municipal waste collections service. A commercial establishment
is required to request a recycle container from its hauler and conform
to the recycling guidelines of the Borough.
Events sponsored in whole or in part by a municipality, or
conducted within a municipality and sponsored privately, which include
but are not limited to fairs, bazaars, socials, picnics and organized
sporting events. Such community activities are required to conform
to the recycling guidelines of the Borough.
The scheduled collection and transport of recyclable material
placed at the curbline by residents, subject to the Code of the Borough
of Lehighton.
The deposition, injection, dumping, spilling, leaking, or
placing of solid waste into or on the land or water in such 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 this commonwealth.
All empty food and/or beverage bottles and jars made of clear,
green or brown glass, except noncontainer glass, plate glass, blue
glass and porcelain and ceramics products.
Leaves, garden residue, shrubbery and tree trimmings and
similar material, but not including grass clippings.
Includes any empty all-aluminum cans, aluminum foil, pie
plates, steel cans and empty aerosol cans.
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 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[1] 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.
Office paper, brown paper bags, newspapers, magazines, phone
books, paperboard, junk mail, and flattened cardboard. (Large pieces
must be cut down and bundled.)
Empty polyethylene terephthalate (PETE) and high-density
polyethylene (HDPE) plastic food and beverage containers Nos. 1 through
7, as defined by the recycling regulations.
Aluminum, glass, plastics, paper, cardboard, newsprint and
such other materials, if any, as specified from time to time by the
municipality to be recycled. These materials are specified in the
recycling regulations and may be revised from time to time as deemed
necessary by the municipality.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste (other
than through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
Solid waste as defined in the Act of July 7, 1980, P.L. 380,
No. 97, known as the "Solid Waste Management Act."
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
There is hereby established a program for the mandatory separation
of recyclable materials from solid waste by persons residing in residential
dwellings for which Lehighton Borough, hereinafter referred to as
the "Borough," provides municipal waste collection services.
A.
Recyclable materials from residential dwellings shall be placed at
the curb in yellow, green, blue and/or red containers separate from
solid waste for collection. Such collection shall be on a weekly basis.
B.
At the time of passage of this article, recyclable materials for
residential dwellings are metals, glass containers, paper, and plastics.
All can be commingled for single-stream recycling.
A.
The owner, landlord or an agent of an owner or landlord of multifamily
dwellings whose solid waste is not collected by the Borough shall
establish a collection system for recyclables at each property.
B.
At the time of passage of this article, recyclable materials for
residential dwellings are metals, glass containers, paper, and plastics.
All can be commingled for single-stream recycling.
C.
The collection system must contain suitable containers for collecting
and sorting materials, easily accessible locations for the containers
and written instructions to the occupants concerning the use and availability
of the collections system.
D.
Owners, landlords and agents of owners or landlords shall be liable
for noncompliance of the occupants of their buildings.
Commercial, institutional, municipal establishments and community
activities shall separate and store, until collection, corrugated
paper, office paper, aluminum and leaf waste. These establishments
must arrange for the transfer of the materials to a recycling system,
and, if that system is separate from that used in the Borough for
residential dwellings, the establishment shall annually provide to
the Borough evidence of such arrangements and documentation of the
total number of tons recycled.
A.
All persons shall separate leaf waste from other refuse. Tree leaves
shall either be placed loose in the street near the curb for municipal
collection on designated days or shall be placed in open bags at the
same location as may be directed by the Borough.
B.
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 landscape purpose.
[Amended 3-1-2021 by Ord. No. 660-2021]
A.
All persons shall separate tree branches and shrubs from other refuse.
Tree branches and shrubs should be cut so that no tree branch shall
exceed three feet in length, and all shrubs shall be cut so that no
shrub exceeds three feet in height. All persons shall deposit tree
branches and shrubs in the dumpster at the Public Works Building during
those months of the year when the dumpster for such branches and shrubs
is available. The dumpster will be clearly marked and/or designated
for tree branches and shrubs. During those months when the dumpster
is not available, persons wishing to dispose of tree branches, shrubs
and yard waste may bundle such tree branches, shrubs and yard waste
or bag such yard waste. Each bag or bundle shall be less than 35 pounds.
Persons may place up to five bags of yard waste or bundles of tree
branches or shrubs (not five of each) to be collected by the garbage
hauler contracted by the Borough.
B.
Nothing herein shall require any person to gather tree branches or
shrubs or prevent any person from utilizing tree branches and shrubs
which are ground for compost, mulch or other agricultural, horticultural,
gardening or landscape purposes.
It shall be a violation of this article for any person or persons
unauthorized by the Borough of Lehighton to collect or pick up or
cause to be collected and picked up any such recyclable materials
on the regularly scheduled curbside collection day. Each and every
such collection or pickup for one or more locations shall constitute
a separate and distinct offense punishable as hereinafter provided.
Any person may donate or sell recyclable materials only to persons
or organizations, if any, designated by the municipality in its recycling
regulations. Such persons or organizations shall not collect recyclable
materials on or immediately preceding [within 24 hours] a regularly
scheduled curbside collection day.
The Borough of Lehighton may enter into an agreement or agreements
with public or private agencies or firms to authorize them to collect
all or part of the recyclable materials from the curbside.
The Borough Secretary or his/her designee is authorized and
directed to enforce this article. The Borough Council shall establish
reasonable regulations as to the manner, material, days and times
for the collection of recyclable materials in accordance with the
terms hereof and any other matters required to implement this article.
The Borough Council may further change, modify, repeal or amend any
portion of said rules and regulations at any time.
It shall be the responsibility of the residents of the Borough
of Lehighton to place recyclable containers at a safe place on the
property. Lehighton Borough shall issue one container per household
or apartment; and at that time, it shall be the responsibility of
the resident. If a container is lost or stolen at any time, the person(s)
to whom the container was signed out must purchase another from the
Borough office during regular business hours. The amount will be determined
at that time.
A.
Any person who shall violate any provision of this article shall
receive an official written warning of noncompliance for the first
offense. Thereafter, all such violations shall be subject to the penalties
hereinafter provided.
B.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$500 and costs of prosecution or, in default of payment of such fine
and costs, to undergo imprisonment for not more than 30 days, provided
that each day's continuance of a violation of any provision of this
article shall constitute a separate violation.
Whenever the requirements of this article are in conflict with
other requirements of the ordinances of the Borough of Lehighton,
the most restrictive or those imposing the highest standards shall
govern.
