[HISTORY: Adopted by the Borough Council of the Borough of Oakmont
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-1992 by Ord. No. 035-92]
This article shall be known and referred to as the "Solid Waste Ordinance."
A.
ACT OR ACT 97
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE OR HOUSEHOLD WASTE
GARBAGE
HAULER OR PRIVATE COLLECTOR
HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
MUNICIPALITY
PERSON
PROCESSING
REFUSE
RESIDENTIAL DWELLING
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases as used in this article
shall have the meanings ascribed herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No.
97, July 7, 1980).[1]
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.
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.
Any establishment engaged in nonmanufacturing or non-processing business,
including but not limited to stores, markets, office buildings, restaurants,
shopping centers and theaters.
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.
The Pennsylvania Department of Environmental Protection.
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.
Solid waste, comprised of garbage and rubbish, which normally originates
in the residential private household or apartment house.
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.
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.
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.
Any establishment engaged in manufacturing or processing, including
but not limited to factories, foundries, mills, processing plants, refineries,
mines and slaughterhouses.
Any establishment engaged in service, including but not limited to
hospitals, nursing homes, orphanages, schools and universities.
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.
The Borough of Oakmont, Allegheny County, Pennsylvania.
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.
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.
All solid waste materials which are discarded as useless.
Includes all single-family dwellings, duplexes, double houses, apartments
and multifamily dwellings.
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]
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.
The unauthorized and uncontrolled removal of material placed for
collection or from a solid waste processing or disposal facility.
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.
Any waste, including but not limited to municipal, residual or hazardous
wastes, including solid, liquid, semisolid or contained gaseous material.
Those materials separated at the point of origin for the purpose
of being recycled.
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.
Any supplemental transportation facility used as an adjunct to solid
waste route collection vehicles.
The off-site removal of any solid waste at any time after generation.
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.
[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:
The Municipal Waste Planning, Recycling and Waste Reduction Act of
1988.[1]
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and aluminum.
The Borough of Oakmont.
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.
Those properties used primarily for commercial or industrial purposes.
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.
Structural paper materials with an inner core shaped in rigid parallel
furrows and ridges.
The container issued or approved by the borough for the purpose of
collecting, storing and placing recyclables at the curbside for collection.
Empty steel or tin-coated food or beverage 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.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care centers,
schools and universities.
Includes but shall not be limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues, chipped
shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals; expressly excluded are all other paper products
of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by the borough and other governmental
and quasi-governmental authorities.
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.
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.
The owner of record as shown by deed recorded in the office of the
Recorder of Deeds of Allegheny County.
Owner(s), lessee(s) and occupants of residences and commercial, municipal
and institutional establishments.
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.
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.
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.
Any occupied single or multifamily dwellings, duplexes, double houses,
apartments and multifamily structures.
Those materials separated at the point of origin for the purpose
of being recycled.
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.
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.
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]
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.
