Borough of Oakmont, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Oakmont as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 73.
Handbills and circulars — See Ch. 115.
Shade trees — See Ch. 160.
168a Recycling Program Regulations
[Adopted 10-12-1992 by Ord. No. 035-92]
This article shall be known and referred to as the "Solid Waste Ordinance."
A. 
The following words and phrases as used in this article shall have the meanings ascribed herein, unless the context clearly indicates a different meaning:
ACT OR ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
AGRICULTURAL WASTE
Poultry and livestock manure or residual materials in liquid or solid form, generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, provided that such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands.
BULKY WASTE
Large items of solid waste, including but not limited to appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to their size, shape or weight.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or non-processing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CONSTRUCTION DEMOLITION WASTE
All municipal and residual waste building materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISPOSAL
The incineration, 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 the Commonwealth of Pennsylvania.
DOMESTIC WASTE OR HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
GARBAGE
Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.
HAULER OR PRIVATE COLLECTOR
Any person, firm, copartnership, association or corporation who or which has been licensed by the municipality or its designated representative to collect, transport and dispose of refuse for a fee as here prescribed.
HAZARDOUS WASTE
Any solid waste or combination of solid wastes, as defined in the Act, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or any increase in morbidity in either an individual or the total population or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
MUNICIPAL WASTE
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 under Act 97 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.
MUNICIPALITY
The Borough of Oakmont, Allegheny County, Pennsylvania.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, state institution and agency or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facility include, but are not limited to, transfer facilities, composting facilities and resource recovery facilities.
REFUSE
All solid waste materials which are discarded as useless.
RESIDENTIAL DWELLING
Includes all single-family dwellings, duplexes, double houses, apartments and multifamily dwellings.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations, and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include treatment defined in the Coal Refuse Disposal Control Act.[2] Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law.[3]
RUBBISH
All nonputrescible municipal waste except garbage and other decomposable matter. This category includes, but is not limited to, ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SEWAGE TREATMENT RESIDUES
Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 52 P.S. § 30.52 et seq.
[3]
Editor's Note: See 35 P.S. § 691.901 et seq.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
A. 
It shall be unlawful for any person to accumulate or permit to accumulate, upon any public or private property within the Borough of Oakmont, any garbage, rubbish, bulky waste or any other municipal or residual solid waste except in accordance with the provisions of this article, any department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
B. 
It shall be unlawful for any person to burn any solid waste within the Borough of Oakmont except in accordance with the provision of this article, any department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
C. 
It shall be unlawful for any person to dispose of any solid waste in the Borough of Oakmont except in accordance with the provision of this article, any Department Rules and Regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
D. 
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the Borough of Oakmont without first securing a license to do so in accordance with the provisions of this article.
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection with the Borough of Oakmont without prior approval by the Borough of Oakmont.
F. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Borough of Oakmont except at an approved and permitted resource recovery facility under Act 97 and any Department Rules and Regulations adopted pursuant to Act 97.
G. 
It shall be unlawful for any person to throw, place or deposit or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the Borough of Oakmont, except as provided in this article.
A. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B. 
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein.
C. 
Any person storing municipal waste for collection shall comply with the following preparation standards:
(1) 
All municipal waste shall be drained of free liquids before being placed in storage containers.
(2) 
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
(3) 
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
(4) 
Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, nor more than two feet in diameter and not more than 40 pounds in weight.
(5) 
Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
(6) 
When specified by the municipality or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
D. 
All municipal waste shall be stored in containers approved by the municipality or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
(1) 
Reusable containers shall be constructed of durable, watertight, rust and corrosion-resistant materials, such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insectproof and rodentproof.
(2) 
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
(3) 
Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons and a loaded weight of not more than 40 pounds.
(4) 
Disposable plastic bags or sacks are acceptable containers, provided that the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection and shall have a capacity of not more than 30 galls and a loaded weight of not more than 35 pounds.
(5) 
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
E. 
Any person storing municipal waste for collection shall comply with the following storage standards:
(1) 
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
(2) 
Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected as often as necessary to prevent the accumulation of liquid residues or solids on the bottom or sides of the container.
(3) 
Containers shall be used and maintained so as to prevent public nuisances.
(4) 
Containers that do not conform to the standards of this article or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the Borough of Oakmont or its designated representative.
(5) 
Containers shall be placed by the owner or customer at a collection point specified by the borough or its designated representative.
(6) 
With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.
(7) 
Bulk waste items such as furniture, automobile parts, machinery, appliances and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
(8) 
The storage of all municipal waste from all multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler and are subject to approval by the Borough of Oakmont.
A. 
All residents of residential dwellings with fewer than four units shall arrange and contract with the collector designated by the Borough of Oakmont for the collection, removal and disposal of all solid waste. These residents shall utilize the residential collection service designated by the borough unless they can demonstrate that they have made alternate arrangements that are consistent with this article and approved by the Borough of Oakmont.
B. 
All multifamily residential sources (with more than four units), commercial, institutional and industrial establishments shall negotiate and individually contract for collection service with the Borough of Oakmont's collector or any other properly licensed waste hauler of their choice.
C. 
All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the Borough of Oakmont's collector and payment of any required special fees.
D. 
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The Borough of Oakmont reserves the right to require more frequent collection when deemed necessary.
E. 
Residential collection schedules shall be published regularly by the borough or its contracted hauler.
F. 
All solid waste collection activity shall be conducted from Monday through Friday, between the hours of 6:00 a.m. and 5:00 p.m., or on Saturdays, between the hours of 8:00 a.m. and 4:00 p.m., unless prior approval or an exception has been granted by the borough. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
G. 
All licensed haulers and haulers under contract with the Borough of Oakmont shall comply with the following standards and regulations:
(1) 
All municipal waste collected within the Borough of Oakmont shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan - 1990 or on subsequent revisions thereto.
(2) 
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97 and any Department regulations adopted pursuant to Act 97 and must be licensed by the Allegheny County Health Department.
(3) 
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
(4) 
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
(5) 
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
(6) 
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
A. 
The Oakmont Borough Council shall be authorized to make funds available, in accordance with the laws and procedures of the Borough of Oakmont, for the establishment, maintenance and operation of a municipal solid waste collection and disposal system or for the contracting of such service to a private collector.
B. 
Annual fee schedules (if appropriate) shall be published by the Borough of Oakmont on any competitively bid residential collection service contract that may be awarded by the borough.
C. 
The Borough of Oakmont shall be responsible for the collection of any fees for solid waste collection and disposal from residential customers. Licensed haulers shall be responsible for the collection of any collection and disposal fees from commercial, institutional and industrial customers.
A. 
All appeals shall be made in writing to the Oakmont Borough Council.
B. 
Pending a reversal or modification, all decisions of the Borough of Oakmont shall remain effective and enforceable.
C. 
Appeals may be made by the following persons:
(1) 
Any person who is aggrieved by a new standard or regulation issued by the Borough of Oakmont may appeal within 10 days after the borough gives notice of its intention to issue the new standard or regulation.
D. 
The Notice of Appeal shall be served in writing and sent by certified mail with return receipt requested. Within 20 days after receipt of the Notice of Appeal, the borough shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in the local newspaper.
The Borough of Oakmont may petition the District Justice for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
Any person who violates any provision of this article shall, upon conviction, be punishable by a fine of not more than $600, plus costs of prosecution, or in default of payment of such fine and costs by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered a separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 10-12-1992 by Ord. No. 036-92]
The Mayor and Borough Council of the Borough of Oakmont (hereinafter referred to as "the borough") find that:
A. 
The Act of July 28, 1988, No. 101, known as the "Municipal Waste Planning, Recycling and Waste Reduction Act,"[1] provides that each municipality of the commonwealth shall have the power and duty to adopt and implement programs for the collection and recycling of municipal waste or source separated recyclable materials.
[1]
Editor's Note: 53 P.S. § 4000.101 et seq..
B. 
The reduction of the amount of municipal waste and conservation of recyclable materials has become an important public concern because of the growing problem of municipal waste disposal and its impact on the environment.
C. 
The collection of recyclable materials for recycling from residences and from commercial, municipal and institutional establishments in the Borough of Oakmont (hereinafter "the borough") will serve the general public interest by reducing the volume of municipal waste which must be disposed of and by conserving our natural resources.
D. 
Recycling in the borough will be done most efficiently if the collection of recyclables is carried out in conjunction with the collection of solid waste.
E. 
A successful recycling program will require source separation by borough residents and the use of standardized collection practices and uniform containers for pickup of recyclables.
F. 
The success of the borough recycling program will be jeopardized if standard containers and collection practices are not used or if recyclables are removed from containers before authorized collection personnel can pick up the recyclables.
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except and unless the context indicates a different meaning:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[1]
ALUMINUM
All empty aluminum beverage or food cans.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
BOROUGH
The Borough of Oakmont.
COLLECTOR
The entity or entities authorized by the borough to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments that do not receive collection services from the borough to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day or any exhibition, show, festival, gathering, entertainment or other activity for which an outdoor amusement permit is required from the borough.
CORRUGATED PAPER
Structural paper materials with an inner core shaped in rigid parallel furrows and ridges.
CURBSIDE CONTAINER
The container issued or approved by the borough for the purpose of collecting, storing and placing recyclables at the curbside for collection.
FERROUS CONTAINERS
Empty steel or tin-coated food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass; expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
LEAD ACID BATTERIES
Includes but shall not be limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals; expressly excluded are all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTIES
Any properties having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the borough and other governmental and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other material, including solid, liquid, semisolid or contained gaseous material, resulting from 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[2] 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.
NEWSPAPERS
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 excluded are newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
OWNER
The owner of record as shown by deed recorded in the office of the Recorder of Deeds of Allegheny County.
PERSON(S)
Owner(s), lessee(s) and occupants of residences and commercial, municipal and institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the borough may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the borough and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include, but are not necessarily limited to, clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics and any other items selected by the borough or specified in future revisions to Act 101. The recyclable materials selected by the borough may be revised from time to time as deemed necessary by the borough.
RECYCLING
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 or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials.
RESIDENCES
Any occupied single or multifamily dwellings, duplexes, double houses, apartments and multifamily structures.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
[1]
Editor's Note: 53 P.S. § 4000.101 et seq..
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A. 
The borough hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from all residences and all commercial, municipal and institutional establishments located in the borough for which waste collection is provided by the borough or any other collector. Collection of the recyclable materials shall be made at least once per month by the borough, its designated agent or any other solid waste collectors operating in the borough and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program.
B. 
Specific program regulations are provided as an attachment to this article.[1] The Mayor and Borough Council are empowered to make changes to program regulations as necessary, as described in § 168-19. Subsequent changes in the program regulations may be made through approval of the Mayor and Borough Council and public notice and notification of all affected parties.
[1]
Editor's Note: Said regulations are included at the end of this chapter.
C. 
This article is ordained pursuant to the Borough Code.[2]
[2]
Editor's Note: See 53 P.S. § 45101 et seq.
Disposal by persons of lead acid batteries with other municipal wastes is prohibited and shall be a violation of this article.
A. 
All persons who are residents of the Borough of Oakmont shall separate all of those recyclable materials designated by the borough from all other municipal waste produced at their homes, apartments and other residential establishments, shall store such materials for collection and shall place the same for collection in accordance with the guidelines established hereunder.
(1) 
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in curbside containers provided by the borough for collection. Any curbside containers provided to residences for collection of recyclable materials shall be the property of the borough and shall be used only for the collection of recyclable materials. Any resident who moves within or from the borough shall be responsible for returning the allocated containers to the borough or shall pay the replacement cost of said containers. Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such containers shall be a violation of this article. Should a curbside container be damaged, lost or otherwise become unavailable for recycling use, then the resident shall, at his or her own expense, immediately replace the container with a container issued by the borough. Such duty of replacing a curbside container shall be imposed regardless of who may be responsible for the damage or loss of the container.
(2) 
Persons in residences with fewer than four dwelling units shall arrange and contract with the collector designated by the borough for collection, removal and processing/marketing of recyclables.
(3) 
An owner, landlord, manager or agent of an owner, landlord or manager of a multifamily housing property with more than four units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords, managers and agents of owners, landlords or managers who comply with this article shall not be liable for noncompliance of occupants of their building. If recyclable materials are collected by a collector other than the borough or its authorized agents, owners, landlords and agents of owners or landlords shall submit an annual report to the borough reporting the tonnage of materials recycling during the previous year. This requirement may be fulfilled by submission of a letter or form from the collector which certifies that recyclable materials are being collected from the multifamily housing property as long as the collector submits an annual report to the borough of the tonnage of materials recycled during the previous year from all such properties within the municipality.
B. 
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste.
C. 
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the borough generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. A person may be exempted from this subsection by:
(1) 
Providing for the recycling of high-grade office paper, aluminum, corrugated paper, leaf waste and other materials deemed appropriate by the municipality.
(2) 
Submitting, at a minimum, an annual recycling report to the governing body of the municipality.
(a) 
The report shall document the amount of municipal waste generated per year, as well as the type and weight of materials that were recycled in the previous calendar year. Valid documentation shall include information from an end-use, recycler or waste hauler which describes the type and weight of each recyclable material that was collected and marketed.
[1] 
Documentation may be in the form of one of the following:
[a] 
Copies of weight receipts or statements which consolidate such information;
[b] 
A report from the provider of recycling collection services which identifies the amount of each material collected and marketed; the type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its source-separated materials; or
[c] 
A report from the provider of waste collection services that identifies the type and weight of each recyclable material collected and marketed in cases where recyclables are commingled with the establishment's waste.
[2] 
For Subsection C(2)(a)[1][b] and [c] above, where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.
(b) 
If recyclable materials are collected by a collector other than the borough or its authorized agent, occupants of said establishments shall submit an annual report to the borough reporting the type and weight of materials recycled during the previous calendar year. This requirement may be fulfilled by submission of a letter or form from the collector which certifies that recyclable materials are being collected from the establishment, as long as the collector submits an annual report to the municipality of the tonnage of materials recycled during the previous year from all such properties within the municipality.
(c) 
All employees, users (patrons) and residents of commercial, municipal and institutional establishments must be informed of the recycling program. The education program should describe the program's features and requirements and should include, at a minimum, an annual program meeting and an orientation to the program upon the arrival of a new employee or resident. Receptacles should be clearly marked with the recycling symbol and the type of recyclable material that is to be placed in the receptacle, and signs should be prominently displaced stating the requirements of the program.
All recyclable materials placed by persons for collection by the borough or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Borough of Oakmont or the authorized collector, except as otherwise provided by § 168-17 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm or corporation, other than the borough or one authorized by the Mayor and Borough Council or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the borough or an authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institution establishment without prior written permission from the Mayor and Borough Council or other entity responsible for authorizing collection of recyclable materials to make such a collection.
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this article. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or in incinerators is prohibited.
A. 
The Mayor and Borough Council are hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article as deemed necessary, including but not limited to:
(1) 
Establishing recyclable materials to be separated for collection and recycling by residences and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
(2) 
Establishing collection procedures for recyclable materials.
(3) 
Establishing reporting procedures for amounts of materials recycled.
(4) 
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
(5) 
Establishing procedures and rules for the collection of leaf waste.
B. 
Any person, firm or corporation who shall violate the provision of this article shall receive an official written warning of noncompliance for the first and second offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
C. 
Except as hereinafter provided, any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not more than $600 and costs of prosecution for each and every offense and, in default of payment of such fine and costs, be sentenced to imprisonment for not more than 30 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The borough reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.
The Borough of Oakmont may enter into (an) agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.
The borough may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 168-19.