[Adopted 11-14-1992 by Ord. No. 1046]
A.
Materials to recycle. Act 101 requires persons to separate at least
three materials, from a list of eight materials, from other municipal
waste generated at their homes, apartments and other residential establishments.
The eight materials listed by Act 101 are listed in the table below
in these categories: paper, glass, metals and plastics.
(1)
Recyclable materials for residential recycling and for dwelling with
four or more units.
[Amended 2-17-2015 by Ord. No. 1-2015]
(a)
Recyclable materials to be kept separate from waste by residents
of dwellings with three or less units and those four-unit dwellings
whose owners use the Borough's recycling service are as follows:
|
Paper
|
Glass
|
Metals
|
Plastics
|
Yard Waste
|
|---|---|---|---|---|
|
Newspaper
|
Clear glass
|
Aluminum
|
HDPE
| |
|
Corrugated paper
|
Colored glass
|
Steel and bimetallic cans
|
PET
| |
|
Magazines
|
(b)
The Borough may, by resolution, add or delete materials from
the above list of recyclables.
(c)
An owner, landlord or agent of an owner or landlord, of a multifamily
rental housing property(ies) with four or more units shall be permitted
to comply with its responsibilities under this chapter by establishing
a collection system for recyclables materials at each property. The
collection system must included suitable containers for collection,
easily accessible locations for the containers and written instruction
to occupants concerning the use and availability of the collection
system.
B.
Instructions for the proper preparation of materials for collection.
Materials must be properly prepared in the following manner:
(1)
With the exception of yard waste, all other recyclable materials
shall be placed together in a clearly and easily identifiable recycling
container or in a clear plastic bag.
[Amended 2-17-2015 by Ord. No. 1-2015]
C.
Collection system.
(1)
Each residential property, in dwelling units of three or fewer units
and owners of four-unit dwellings who use the Borough's recycling
service, shall place properly prepared recyclables for collection
at the curb.
(2)
Each residential property shall ensure yard waste is separated from
municipal waste. Leaves and Christmas trees may be placed for collection
during the municipal leaf and Christmas tree collection program at
times determined by the Borough. At all other times, all yard waste
should be placed at the curb in a clearly and easily identified container,
bundled, in landscape paper bags or as otherwise determined appropriate
by the then-current recycling contract.
[Amended 2-17-2015 by Ord. No. 1-2015]
(3)
For those multifamily residential properties not receiving waste
collection service from the municipal contractor, the Borough shall
be notified by the resident, landlord or property owner of the name
of the private recyclable collector utilized. As a condition of the
right to conduct waste collection service in the Borough, each private
waste collection firm must secure a license from the Borough. As a
requirement of this license, the private waste collector must provide
recycling collection service for each customer. The frequency of collection
shall not be less than twice per month, although more frequent service
is acceptable. Owners or landlords of multifamily rental housing properties
with four or more units must comply with their responsibilities by
establishing a collection system for recyclables at each property.
The collection system must include 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 collection system. Owners, landlords and agents of owners or
landlords who comply with this regulation are not liable for the noncompliance
of occupants of their buildings.
[Amended 2-17-2015 by Ord. No. 1-2015]
(4)
All residents of the Borough are free to deliver recyclables to the Borough recycling dropoff site at the Highway Department Garage. Material shall be properly prepared for recycling before placement at the dropoff site according to the terms of § 164-12B.
[Amended 2-17-2015 by Ord. No. 1-2015]
(5)
No person may place a used lead acid battery in the mixed municipal
solid waste or discard or otherwise dispose of a lead acid battery,
except by delivery to an automotive battery retailer or wholesaler,
to a secondary lead smelter permitted by the Environmental Protection
Agency or to a collection or recycling facility authorized under the
laws of the commonwealth.
(6)
No person may place hazardous materials in the mixed municipal solid
waste or discard otherwise dispose of hazardous materials except in
accordance with applicable local, state and federal law. For purposes
of this section, hazardous materials shall be those material defined
as "hazardous waste" by the Delaware County Solid Waste Authority.
[Added 2-17-2015 by Ord.
No. 1-2015]
D.
Reporting system.
(1)
Recycling report to Delaware County. The Borough is required by Act
101 to prepare and submit reports on its recycling program. A recycling
report must be submitted to Delaware County on or before February
15 of each year, for inclusion in waste management planning reports
to DER, as required by Act 101, 53 P.S. § 4000.304(f). The
report must contain specific information on the amount of material
recycled during the previous year. The Borough will collect information
of the recycling services provided to users of the municipally contracted
waste and recycling collection service. Multifamily residential units
receiving private waste and recycling collection services must submit
a source separation and recycling report for multifamily residential,
commercial and institutional establishments and community activities.
(2)
Source separation and recycling report for multifamily residential,
commercial and institutional establishments and community activities.
In order to gain information from residences not receiving recycling
services from the municipal contractor, each residential establishment
(landlord, owner or tenant) shall file annually a source separation
and recycling report for multifamily residential, commercial and institutional
establishments and community activities with the Borough at the end
of each quarter, March 31, June 30, September 30 and December 31.
The quantities of each material collected for recycling and the location
at which material was marketed shall be provided In the report. If
the private waste collector is utilized as the recycler, the collector
must provide weight slips to customers or other means to verify quantities
recycled. The recycling report shall be on a form prepared by the
Borough.
[Amended 2-17-2015 by Ord. No. 1-2015]
(3)
Performance grant application. The Borough's recycling report
to Delaware County will be used by the Borough as the basis for reporting
achievements in the recycling program to the Pennsylvania DER for
performance grant funding under Section 904 of Act 101. The Borough
can apply for this funding annually.
E.
Provisions to ensure compliance with the Municipal Recycling Ordinance.
(1)
Compliance program.
(b)
Residents in the Borough are required to keep separate from waste recyclable items identified in § 164-12A of this article. Residents placing recyclables for collection at the curb or at the dropoff site are required to prepare materials according to specifications in § 164-12B of this article. The collector will notify residents using its waste or recycling services if material has been improperly prepared.
(c)
The compliance program of § 164-7 requires two steps: notification and warning.
[1]
Introduction. The following are reasons why a container or bag
was not emptied or collected:
[Amended 2-17-2015 by Ord. No. 1-2015]
[a]
Recyclables were placed in a waste container or
were otherwise stored improperly or in an inappropriate container.
[b]
Recyclables were placed for collection on the wrong
day or at the wrong location.
[c]
Recyclables were not prepared properly.
[d]
Nonrecyclables were in recycling container.
[e]
Any person with a question as to why recyclables
where not emptied or collected may direct their inquiry to the then-current
contract hauler or Borough Code Enforcement.
[2]
Notification.
[Amended 2-17-2015 by Ord. No. 1-2015]
[a]
Initial violation notices and subsequent offense
warnings, which shall indicate why the recyclables where not emptied
or collected, shall be tagged by either the Borough Code Enforcement
Officer or by the then-current contact hauler. The warning(s) shall
be completed and submitted to the Borough Secretary within 48 hours
of the violation. The Borough, upon receipt of the warning(s), shall
correspond with the property owner by registered mail. The correspondence
shall repeat the reason for the warning(s), include a statement of
penalties found in the Borough
Recycling Ordinance, and provide a copy of the most recent recycling
program notice and instruction sheet, or notice of where said instruction
sheet may be found.
[b]
Warning notifications shall be submitted to the
Borough for each violation of the Recycling Ordinance. The Borough
shall investigate repeated warning notifications and, upon the advice
of counsel, initiate legal proceedings against the violator. Fines
recovered shall be used to offset all costs to bring legal action
with the balance placed into a fund to educate the public regarding
the recycling program unless as otherwise specified in 53 P.S. § 4000.1709(b),
wherein all fines collected pursuant to 53 P.S. §§ 4000.1704
and 4000.1705 are paid into the solid waste fund.
(2)
Incentives. Incentives to encourage recycling are a requirement of
Act 101.[3] The recycling program has the incentive of depressing
the accelerating rise in disposal costs. By removing materials from
the waste stream, the overall waste disposal bill is reduced, with
this savings passed on to users of the waste system.
[Amended 2-17-2015 by Ord. No. 1-2015]
[3]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(3)
Penalties.
(b)
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this article, or any regulation thereof, shall be punishable by a fine not to exceed $100 upon a first conviction and $300 upon a second or subsequent conviction. The above fines shall not be applicable to a conviction for § 164-6 hereof which shall be punishable by a fine not to exceed $500. No enforcement of §§ 164-3 and 164-4 of Article I shall be made until three months from the effective date of regulations authorized to be promulgated hereunder. Any person, firm, corporation or other entity upon conviction thereof shall in addition to paying any fine imposed hereunder, shall be responsible for paying the Borough's costs of prosecution, including reasonable attorney's fees.
[Amended 2-17-2015 by Ord. No. 1-2015]
F.
Public information. Act 101[4] requires that the municipality establish a comprehensive
and sustained public information and education program concerning
the recycling program features and activities. The Borough must notify
persons occupying residential premises of the requirements of the
Borough's Recycling Ordinance and these regulations. Such notification
shall occur 30 days prior to starting the program and every six months,
at a minimum, thereafter.
(1)
Dissemination of information.
[Amended 2-17-2015 by Ord. No. 1-2015]
(a)
The Borough will disseminate information to the residents by
mail, email, the Borough website, or by other similar means deemed
appropriate by the Borough. The information will contain access to
articles about the recycling program, its status, success, progress
and the responsibilities of residents. The information will form the
basis for notifying each resident of the recycling program.
(b)
The Borough will notify each property owner of a multifamily
unit containing more than three units of the recycling program and
provide copies of the mailer for distribution to tenants or residents.
The Borough will request that the property owner of multifamily units
post, in areas commonly used for notices, the mailer and special information
regarding the recycling program.
(2)
Recycling containers. All residents of the Borough shall place, for
pickup and storage, all recyclables into a clearly and easily identifiable
recycling container or clear plastic bag.
[Amended 2-17-2015 by Ord. No. 1-2015]
(3)
Recycling posters. The Borough shall distribute recycling posters
to multifamily residential buildings. The poster will contain information
about the municipal recycling program. The landlord shall use the
large space provided for on the poster to provide information about
the recycling program to the tenants. The landlord shall place the
poster in an area the landlord has established as a common point for
the collection of recyclables.
[Amended 2-17-2015 by Ord. No. 1-2015]
[4]
Editor's Note: See 53 P.S. § 4000.101 et seq.
Act 101 requires that a source separation and recycling program
be established for commercial, institutional, municipal facilities
and for community activities.
A.
Materials to recycle.
(1)
Act 101 specifies that high-grade office paper, aluminum, corrugated
paper and leaf waste and other material deemed appropriate by the
Borough shall be kept separate from waste at commercial, municipal
or institutional establishments and from community activities.
B.
Instructions for the proper preparation of materials for collection.
Materials shall be properly prepared for collection in a manner satisfactory
to the private recyclable collector.
C.
Collection system. A collection system must be established for each
of the recycled materials. Establishments receiving private waste
collection service shall look first for recycling collection service
from the private waste collector because the license issued by the
Borough to the collector requires that recycling collection services
be provided to each customer. The waste collector can provide the
service directly for all materials or provide an alternate collection
service for a particular material. This may be true for facilities
that generate substantial quantities of high-grade office paper. Material
shall be collected as frequently as necessary to prevent storage problems
and at the same time provide for economic service.
D.
Reporting system.
(1)
Act 101 authorizes the municipality to exempt commercial, municipal
or institutional establishments and community activities from receiving
recycling service from the municipality, provided that each establishment
submits reports on the quantity of material recycled. Such written
documentation must be provided annually.
(2)
The source separation and recycling report for commercial and institutional
and community activities shall be prepared on a form issued by the
Borough. This report must be filed with the Borough on or before January
31 of each year. The report shall include the quantities of each material
collected for recycling and the location at which each material was
marketed. Weight slips or other means to verify quantities recycled
shall accompany the report. If the private waste collector is utilized
as the recycler, the collector must provide weight slips to their
customers indicating where the material was marketed.
[Amended 2-17-2015 by Ord. No. 1-2015]
E.
Provisions to ensure compliance with the Municipal Recycling Ordinance.
Incentives and penalties are necessary to ensure that the source separation
and recycling program succeeds.
(1)
Incentives.
(a)
Recycling is seen as the means to reduce waste service costs
to customers regardless who provides the waste service. The Borough's
strategy has as its overall objective the placement of responsibility
for the recycling service with the individual establishment rather
than on the general taxpayer. This is intended to place any costs
for the service directly upon the establishment requiring the service
rather than spread costs for the system inequitably across taxpayers.
This is considered a very strong financial incentive.
(b)
Incentives within each establishment to encourage separation
of materials by personnel are also very important. A variety of incentives,
such as direct rewards achieved from the sale of materials, extra
hours or overtime for this in-house recycling service, promotions,
etc., are encouraged.
(2)
Penalties. The Borough's Recycling Ordinance, § 164-8 of Article I, provides for penalties for violation of that article.
(a)
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this article, or any regulation thereof, shall be punishable by a fine not to exceed $100 upon a first conviction and $300 upon a second or subsequent conviction. The above fines shall not be applicable to a conviction for § 164-5 which shall be punishable by a fine not to exceed $500. No enforcement of §§ 164-3, 164-4 and 164-6 of Article I shall be made until three months from the effective date of regulations authorized to be promulgated hereunder. Any person, firm, corporation or other entity upon conviction thereof shall in addition to paying any fine imposed hereunder, shall be responsible for paying the Borough's costs of prosecution, including reasonable attorney's fees.
[Amended 2-17-2015 by Ord. No. 1-2015]
(b)
Each firm and its private waste collector are considered liable
for prosecution for violation of the Recycling Ordinance.
F.
Public information. Personnel in each establishment shall be informed
of the requirements of the source separation and recycling program
and individual responsibilities. Each firm shall be required to display
information provided by the Borough regarding the recycling program.
Each firm shall inform employees of the firm's recycling program
through memos, staff meetings, surveys and other conventional means.
