BOROUGH OF CLARKS SUMMIT  LACKAWANNA COUNTY, PENNSYLVANIA  ORDINANCE NO. 2012-09  AN ORDINANCE OFTHEI BOROUGH OF CLARKS MANDATING RECYCLING WITHIN THE  BOROUGH CONFINES  BEI ITI HEREBY ORDAINED AND ENACTED by thel Borough Council oft the Borough of Clarks  Summit, Lackawanna County, Pennsylvania, is hereby enacted as follows:  A. Establishment of Program  $101. Short Title. The short title of this Part shall be the "Borough of Clarks Summit Recycling  Ordinance" and thes same: may be cited in that manner. $102. Definitions. Ass used in this Part:  ALUMINUM - products made from aluminum including emplyall-aluminumi beverage and food BI-METALLIC CANS - empty food and beverage containers consisting of ferrous sides and COMMERCIAL ESTABLISHMENTS - those properties used primarily for commercial or COMMUNITY ACTIVITIES community-based cultural events bring people together ini many ways that express their ideas, traditions and values. From age-old ceremonies of commitment such as weddings to contemporary, pride promoting, collaborative, neighborhood murals, and art CORRUGATED CARDBOARD - that material consisting oftwo (2) or more pieces ofl kraft liner separated by corrugated (fluted) liner board. Excluded are materials without a corrugated interliner, paperboard, and those materials with a corrugated liner from rice or other nonwood- CURBSIDE COLLECTION - the collection byt the Borough ori its authorized agent(s) of recyclable materials placed at the curbside or other designated location. FERROUS CANS - empty steel or tin food or beverage containers.  containers, window screen frames, siding and) lawn chairs.  bottom and an aluminum top. industrial purposes.  addresses people's need for community.  based materials.    GLASS CONTAINERS - bottles and jars made of clear, green or brown glass. Expressly HIGH GRADE OFFICE PAPER - that paper collected from commercial, institutional and Borough establishments that was discarded from xerographic copiers, from non-thermal computer printers, from general office use forms, memos, and correspondence, and from print shops and other commercial printing processes. Expressly excluded are papers with self-carbons, carbon INSTITUTIONAL ESTABLISHMENT: - those facilities that house or serve groups of people, LEAF WASTE - leaves, garden residues, shrubbery, tree trimmings and similar material but not MAGAZINES, AND PERIODICALS -1 printed mater containing miscellaneous written pieces NEWSPAPERS 1 paper ofthet type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters PERSON(S): - owners, lessees, and occupants of residences or commercial or institutional PLASTIC CONTAINERS - empty plastic food and beverage containers. Expressly excluded are PRIVATE WASTE COLLECTORS - persons engaged int the business of collecting and disposing ofi municipal waste from residences, businesses, institutions and community activities RECYCLING PLAN-1 the plan, prepared by persons receiving waste services from private waste collectors, that describes the recycling system to be employed to meet requirements ofthe RECYCLABLE MATERIALS - those materials specified by the Borough of Clarks Summit to ber recycled. The list ofr materials shall be specified in the recycling regulations and may be RESIDENCE- - any occupied single or multi-family dwelling from which municipal or private SOLID WASTE- - all refuse (garbage and rubbish) and other discarded solid material normally YARD WASTE - prunings, grass clipping, weeds, leaves and garden waste.  excluded are window glass, light bulbs and mirrors.  paper and books.  e.g. hospitals, schools, nursing homes. including grass clippings. published at fixed or varying intervals.  ofpublici interest. establishments.  toys, Styrofoam and ceramics.  within thel Borough of Clarks Summit. Borough'sre recycling ordinance.  revised from time to time as deemed necessary by the Borough.  waste hauler collects solid waste. collected by a municipal or private. hauler.  $103. Establishment of] Program. There is hereby established by the Borough ofClarks Summit, hereinafter referred to as the municipality, and thej program mandates that recyclable materials shall bel kept separate from solid waste by all persons within the Borough. The Borough is hereby authorized toj prepare and issue regulations for the implementation oft the  program. $104. Deleted.    $105. Preparation of Source Separation and recycling plan for persons not receiving Borough waste collections services. There is hereby established the requirement that as source separation and recycling plan be submitted annually by eachj person not receiving municipal waste collection service provide byt the Borough ofC Clarks Summit. The plan shall seek the assistance oft their $106. Separation ofrecyclable and placement for collection. Recyclable materials shall be kept separate from waste and placed at the curb, in areas dedicated by the Borough or identified in recycling plans, for collection at such times and dates as may be hereinafter established by  private waste collector inj preparing the recycling plan.  regulation. $107. Deleted.  $108. Enforcement and. Administration, The Borough is authorized and directed to enforce this part. The same is hereby authorized and directed to establish and promulgate reasonable regulation as to the manner, days and times for the collection ofr recyclable materials in accordance with the terms hereof and any other matters required to implement this part. The borough may change, modify, repeal or amend any portion ofs said rules and regulations at any $109. Violation and Penalty. Any action by any person, firm, corporation or other entity which violates or does not comply with any provision oft this Part, or any regulation thereof, shall be punishable by fine not to exceed twenty-five dollars ($25.00) upon a first conviction and one $110. Contracting. The Borough many enter into agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside or  time.  hundred dollars ($100.00) upon a second or subsequent conviction.  elsewhere as designated by thel Borough.  $111. Alternative Collection of Recyclable Materials. Any person receiving waste collection service from thel Borough of Clarks Summit may donate or sell recyclable materials to individuals or organization authorized by thel Borough in its recycling regulations. These: materials must either be delivered to the individual's or organization" 's site or they may bej placed at the curb for collection by said individual or organization on days not indicated as recyclable material collection days for the Borough. Said individuals or organizations may not collect recyclable materials on ori immediately preceding (within twenty-four (24) hours) a regularly schedule $112. Effective Date. This part shall take effect upon establishment oft the recycling  curbside recycling collections day.  regulations. B. Regulations    $121. Recycling Program. Regulations to implement the recycling program are authorized by $103 ofthel Borough of Clarks Summit Ordinance number 89-7 (Part 1A). The regulations address two (2) waste generation sectors as required by specified sections of] Pennsylvania Act 101 of1988; (1)) Residential (1501(C)()(); (2) Commercial Municipal and Institutional  Established and Community Activities (Section 1501(c)(iii).  For each of the above sectors the following regulation declare; (1) materials to recycle; (2) proper preparation of materials for collection; (3) collection system; (4) reporting system; (a) "Annual Report to Lackawanna County" and (b) "Source Separation and Recycling Report for Multi- Family Residential, Commercial and Institutional Establishments and Community Activities"to be prepared by persons not receiving Borough waste collection service, to be submitted annually, by. January 31*, to the Borough; (5) programs to insure compliance with this Part, including  incentives and penalties; and (6) public information program.  1. Residential  a. Act 101 requires municipalities to select at least three (3) materials plus leaf waste, from al list of eight (8) materials, for persons to: separate from other municipal waste generated at their homes, apartments and other residential establishments. The eight (8) material listed by Act 101 are listed in the table  below:  Paper - newspaper High grade office paper Corrugated Paper Glass = clear Colored Metals - Aluminum Bi-metallic Plastics LeafWaster' *  *leafwaste must bel kept separate from municipal waste Recyclable materials to be kept separate from waste by residents oft the Borough of Clarks Summit are all oft the above.  b. Instructions for thej proper preparation of materials for collection. Material must be property prepared for collection. Instructions will be forwarded to thej property owners when changes in the preparation are created.  Collection System  Residential properties received Borough Waste Collection Service 1. East residential property in Clarks Summit receiving waste collection service from the Borough of Clarks Summit shall place property prepared materials for collection at the curb at  the same time as their waste.    2. Leafwastes shall be placed at the curb line, but not in the gutter, where thel Borough will picki it up during the period ii. Residential properties receiving private waste collection service 1. For those residential properties not receiving waste collection service from the Borough of Clarks Summit, the Borough shall be notified by the resident, landlord or property owner oft the name oft the private waste collector 2. Owners or landlords of multi-family rental housing properties with four (4) or more units may comply with their responsibilities by establishing a collection system for recyclable at each property. The collection system must include suitable containers for collecting ands sorting materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability oft the collections system. Owners, landlords and agents of owners orl landlords who comply with this regulation are: not liable for the compliance of occupants of  ofmd-October to late November.  utilized.  their building.  d. Reporting system.  . Recycling report to Lackawanna County. The Borough is required by Act 101 to prepare and submit reports ton its recycling program. A recycling report must be submitted to Lackawanna County onor before February 15"ofeach year, for inclusion in waste management planning report to. DEP, as required by Act 101, Section 304 (r). The report must contain specific information on the amount of material recycled during thej previous year. This information willl be collected by the Borough ofr residents receiving Borough curbside recycling services. Residences receiving private recycling services must submit a "source separation and recycling report for multi-family residential, commercial, institutional establishments and community ii. "Source separation and recycling report for multi-family residential, commercial, institutional establishments and community activities". Act 101 authorized the borough to exempt residences from receiving recycling services from thel Borough provided that they submit reports on the residences not receiving recycling service from the Borough. Each residential establishment must file a' "source separation and recycling report for multi-family residential, commercial, institutional establishments and community: activities" with the Borough, annually by January 31*t. The "source separation and recycling report for multi-family residential, commercial,  activities".    institutional establishments and community activities", shall be ii. Performance Grant Applications. The Borough recycling report prepared for Lackawanna County will be used by the Borough as the basis for reporting achievements in the recycling program to the Pennsylvania Department of Environmental Protections (DEP) for performance grant funding under section 904 of Act 101 of1988. Provision in insure compliance with the Borough recyclingordinance,  prepared on a form issued by the Borough.  including incentives and penalties. i. Compliance: Program.  1. The Borough must establish provision to insure compliance with its recycling ordinance, as required by Act 101, Section 1501(c) (4). The Borough's compliance program for residential properties is similar for both those properties receiving waste collection service from the Borough and those receiving service from private waste collectors. 2. Residents in thel Borough are required to keep separate from waste recyclable items identified in $112(11)(a) ofthese regulations. Residents placing recyclables for collection at the curb are required to prepare materials according to specifications in $112(1)(b) oft these regulations. The Borough will notify residents using Borough recycling services ifr material has been improperly prepared. Asa condition oft the contract to collect waste in the Borough each private waste collector is required to notify residential customer ifwaste or recyclables have been prepared improperly. This ordinance compliance program contain two (2) steps: notification and warning. a. Notification. As the first step, a notice will be attached to the waste C container or recycling container indicated the reason(s) the container was not emptied or collected. The following reasons will i. Recyclables placed in waste container ii. Recyclables placed for collection on the wrong day, or at the wrong location iii. Recyclables not prepared property iv. Non-recyclables in the recycling container. The notification form will contain at tear-off tag, which is to ber removed by the collector, whichever is appropriate, completed and submitted within forty-eight (48) hours to thel Borough Manager. Information required to be supplied on the tag consists oft the following: address of  apply    the residence and reason notification was left. Thetag will also contain a space to write any comments b. Warning. Repeated offenses will be tagged by the Borough waste collection crew or the private waste collector with a warring notification. This warning notification shall indicate why material was not collected, and that this has been a repeated violation oft the Borough recycling ordinance. The tear-offt tag oft the warning notification shall be completed and summited within forty-eight (48) hours to the Borough manager. Thel Borough, upon receipt oft the warning notification, shall correspond with the property owner by registered mail. The correspondence shall repeat the reason for the warning notification; include a statement ofthe penalties found in thel Borough recycling program Warning notification shall be submitted to the borough for each violation of the ordinance. The Borough shall investigate repeated warning notifications and upon the advice of counsel initiate legal proceedings against the violator. Fees recovered shall bei used to offset all costs to bring legal action with the balance placed into a fund to educate the public regarding the recycling program.  regarding the incident.  notice and instruction sheet.  2. Incentives.  a. Incentives to encourage. recycling are a requirement of Act 101. The incentives int thel Borough 's recycling program for the residential sector that are customers oft the Borough waste: services include providing household recycling containers to each residence. The containers are ofas size suitable for holding several paper bags containing recyclables as well as newspaper. The container also provides a convenient means to carry recyclables to the b. The recycling program has the additional incentive of depressing the accelerating rise in the waste disposal costs. By removing materials from the waste stream, thel Borough waste disposal bill is reduced.  curb for collection.  3. Penalties. The Borough's recycling ordinance provides for penalties for violations of  the ordinance    F. Public Information. Act 101 requires that the Borough establish a comprehensive and sustained public information and education program concerning the recycling features and activities. Thel Borough must notify persons occupying residential premises oft the requirements oft thel Borough's recycling ordinance and these regulations. Such notification shall occur thirty (30) days prior to starting the program, and every six (6)  months at ai minimum, thereafter.  2. Commercial, municipal and Institutional Establishments and Community Activities. Act 101 requires that a source separation and recycling program be established for commercial, institutional, municipal  facilities and for community activities.  a. Material to recycle. 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.  1. Private Waste Collection Service. Each commercial municipal and institutional  establishment in the Borough receiving private waste collection service is advised to prepare a recycling plan using the "recycling Development Checklist" prepared by the Borough. Each firm is required to  recycle these materials:  a. High grade office paper b. Corrugated paper C. newspaper d. aluminum e. clear glass f. colored glass  b. Collection system. Establishments receiving private waste collection service, the waste collector can provide a recycling collection service directly or all materials, or provide and alternate collection service for a particular materials. Material shall be collected a frequently as necessary to  prevent storage problems and at the same time provide for economic service.  C. Reporting system. "Source separation and recycling report for multi-family residential, commercial, institutional establishments and community: activities". Act 101 authorized the borough to exempt residences from receiving recycling services from thel Borough provided that they submit reports on the residences not receiving recycling service from the Borough. Each residential establishment must file a' "source separation and recycling report for multi-family residential, commercial, institutional establishments and community activities" with the Borough, annually by January 31*. The "source    separation and recycling report for multi-family residential, commercial, institutional establishments and  community activities" shall bej prepared on a form issued by the Borough.  d. Compliance, Incentives and Penalties  1. Incentives and penalties are necessary to insure that the source separation and  recycling program succeeds. Recycling is seen as the meant to reduce service costs to customers oft the  borough waste service.  2. Incentives within each establishment to encourage separation ofi 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 fort the house recycling service, promotions, etc., are available. part. Each: firm and its private waste collector area considered liable for prosecution for violation ofthis  3. Penalties. The Borough recycling ordinance provides for penalties for violation oft the  part.  4. Public information.  a. Each commercial and institutional establishment and community: activity in the  Borough shall establish aj public information program. Personnel in each establishment shall bei informed oft the requirements oft thes source separation recycling program, and their individual responsibilities. The firm shall be required to display information provided by the Borough regarding this program. establishment to inform members of the public oft the recycling program and the use oft the container.  b. Appropriate notice shall be place near recyclable containers in each  SEVERABILITY  Should any section, subsection, clause, provision or other portion oft this Ordinance be declared invalid by any court ofc competent jurisdiction, such decision shall not affect the validity of the remainder oft this Ordinance; the Board of Supervisors having adopted this Ordinance. asi if such invalid portions had not  been included therein. EFFECTIVE. DATE  This Ordinance shall become effective immediately upon adoption.  ADOPTION  ORDINANCE ORDAINED AND: ENACTED this 11th day ofJuly, 2012, by thel Borough Council oft the Borough of Clarks Summit, Lackawanna County, Pennsylvania, to be effective immediately.    BOROUGH OF CLARKS SUMMIT  By Council President  3  ATTEST:  a  Borough Secretary  APPROVED this 12th day of September, 2012  Mayor