Resolution 2014-003 WHEREAS, Pennsylvania Constitution's Environmental Rights Amendment declares "[t]he people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come." WHEREAS, the City of Harrisburg has a duty to conserve and maintain our natural and historic resources, WHEREAS, Harrisburg City enacted an Ordinance creating the Environmental Advisory Council (EAC), WHEREAS, pursuant to the EAC Ordinance, City wishes to ensure that citizens have information and a forum to discuss environmental issues, WHEREAS, EAC was created for the purpose of discussing and disseminating information on environmental issues and concerns in the City, WHEREAS, In accordance with Pennsylvania Act 177 (EAC Enabling Legislation) , EACs are authorized to: Identify environmental problems and recommend plans and programs to protect and improve the quality of the environment; Make recommendations about the use of open land; Promote a community environmental program; Keep an index of all open space areas to determine the proper use of such areas; Review plans, conduct site visits, and prepare reports for municipal officials; and Advise local government agencies about the acquisition of property. WHEREAS, The EAC is authorized by Ordinance to establish advisory committees, WHEREAS, Act 101-1988 requires the City to enact an ordinance requiring persons to separate at least three materials deemed appropriate by the municipality from other municipal waste generated at their homes, apartments and other residential establishments and to store such materials until collection. The three materials shall be chosen from the following: clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics, WHEREAS, Act 101 also requires persons to separate leaf waste from other municipal waste generated at their homes, apartments and other residential establishments until collection unless those persons have otherwise provided for the composting of leaf waste. The governing body of a municipality shall allow an owner, landlord or agent of an owner or landlord of multifamily rental housing properties with four or more units to comply with its responsibilities under this section by establishing a collection system for recyclable materials at each property, WHEREAS, Act 101 also requires persons to separate high grade office paper, aluminum, corrugated paper and leaf waste and other materials deemed appropriate by the municipality generated at commercial, municipal or institutional establishments and from community activities and to store the material until collection. The governing body of a municipality shall exempt persons occupying commercial, institutional and municipal establishments within its municipal boundaries from the requirements of the ordinance or regulation if those persons have otherwise provided for the recycling of materials they are required by this section to recycle. To be eligible for an exemption under this subparagraph, a commercial or institutional solid waste generator must annually provide written documentation to the municipality of the total number of tons recycled, WHEREAS, Act 101 requires each municipality subject to this section to establish a comprehensive and sustained public information and education program concerning recycling program features and requirements, WHEREAS, City Code requires the Director of public works or a designee to be responsible for all aspects of a recycling program in the City of Harrisburg, including the preparation of all necessary plans for recyclable materials and the coordination of those plans with local, state and federal agencies, and WHEREA, City Code provides the Director of public works shall and is able to: (1) Provide public recyclable material collection, storage, transportation and marketing service and/or approve and regulate the establishment, maintenance and operation of private recyclable material collection, storage, transportation, and marketing services and sites; (2) Adopt, issue and enforce such rules and standards as are necessary to implement and carry out the intent of this chapter; (3) Issue warning notices and initiate proceedings against violators of this chapter; (4) Investigate all complaints; (5) Inspect all aspects of recyclable collection, storage and marketing, including but not limited to equipment, containers, facilities, books and records; (6) Designate an agent(s) to enforce this act. WHEREAS, the City shall establish a leaf and yard waste recycling facility for the processing of leaves and yard waste, including tree trimmings, brush, garden residue and, if designated, grass clippings, the location and operation of which shall be publicly announced. WHEREAS, The City to be eligible for DEP grants must improve its existing recycling program, BE IT RESOLVED, that the EAC shall review and evaluate the City's existing recycling program and make recommendations for increasing the type and amount of material recycled, BE IT FURTHER RESOLVED, the EAC will reach out to stakeholders throughout the City to form a recycling advisory committee to hold public forums and prepare a financial sustainability evaluation of the existing City recycling program. Approved this 27th day of February, 2014