[Adopted 11-21-1995 by Ord. No. 52]
The short title of this article shall be the “Kilbuck Township
Recycling Ordinance,” and the same may be cited in that manner.
The following words and phrases used throughout this article shall have
the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction Act of
1988, 53 P.S. § 4000.101 et seq.
Empty all-aluminum beverage or food cans.
Empty food or beverage cans consisting of steel and aluminum.
The entity or entities authorized by the municipality to collect
recyclable materials from residences, or authorized by commercial, municipal
and institutional establishments that do not receive collection services from
the municipality to collect recyclable materials from those properties.
Those properties used primarily for commercial or industrial purposes,
and those multifamily housing properties containing more than four dwelling
units.
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.
Structural paper material with an inner core shaped in rigid parallel
furrows and ridges.
Those materials specified by the rules and regulations of Kilbuck
Township to be recycled after public notice.
The Township.
Empty steel or tin coated food or beverage containers.
Empty 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.
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 more than four dwelling units per structure.
Public facilities operated by the municipality and other governmental
and quasi-governmental authorities.
The Township of Kilbuck.
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[1] 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.
Owners, lessees, and occupants of residences and commercial, municipal
and institutional establishments.
Empty plastic food and beverage containers.
Materials generated by residences and commercial, municipal and institutional
establishments which are specified by the municipality 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,
plastics, and any other items selected by the municipality or specified in
future revisions to Act 101. Designated recyclable materials shall be selected
by the municipality in its rules and regulations and may be revised from time
to time as deemed necessary after public notice.
The collection, separation, recovery and sale or reuse of metals,
glass, paper, leaf waste, plastics and other materials which would otherwise
be disposed 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-family or multifamily dwellings having up to
four dwelling units per structure for which the municipality provides municipal
waste collection service.
Those materials separated at the point of origin for the purpose
of being recycled.
The ongoing effort of Kilbuck Township to inform the general public
concerning the requirements of this article and the rules and regulations
promulgated pursuant hereto.
A material whose original purpose has been completed and which is
directed to a disposal or processing facility or is otherwise disposed. 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: See 35 P.S. § 6018.101 et seq.
A.
The municipality hereby establishes a recycling program
for the mandatory separation and collection of recyclable materials by persons
from all residences and all commercial, municipal and institutional establishments
located in the municipality for which waste collection is provided by the
municipality or any other collector. Collection of the recyclable materials
shall be made at least once per month by the municipality, its designated
agent, or any other solid waste collectors operating in the municipality and
authorized to collect recyclable materials from residences and from commercial,
municipal and institutional establishments. The recycling program shall also
contain a sustained public information and education program.
B.
The Board of Supervisors of the Township of Kilbuck is empowered to make changes to program regulations as necessary, as described in § 174-18. Subsequent changes in the program regulations may be made through approval of the Board of Supervisors of the Township of Kilbuck and public notice and notification of all affected parties.
A.
It shall be unlawful for any person to place or allow
to be placed any designated recycling material in his waste for garbage collection.
B.
It shall be unlawful for any person to dispose of any
waste in the municipality except in accordance with the provisions of this
article.
C.
It shall be presumed that any designated recycling material
found commingled with waste on the property of a person is the property of
such person if identifiable indicia of ownership is contained therein.
A.
All persons who are residents of the municipality shall
separate all of those recyclable materials designated by the municipality
from all other municipal waste produced at their homes, apartments and other
residential establishments, store such materials for collection, and shall
place same for collection in accordance with the guidelines established hereunder.
(1)
Persons in residences must separate recyclable materials from other refuse. Except as provided in §§ 174-13 and 174-16, all recyclable materials shall be placed at the curbside in containers provided to residences for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the municipality and shall be used only for the collection of recyclable materials. Any resident who moves within or from the municipality shall be responsible for returning the allocated containers(s) to the municipality or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any persons other than the person allocated such container(s) shall be a violation of this article.
(2)
An owner, landlord, or agent of an owner or landlord
of a multifamily rental 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 and agents
of owners or landlords who comply with this article shall not be liable for
noncompliance of occupants of their buildings. If recyclable materials are
collected by a collector other than the municipality or its authorized agent,
owners, landlords and agents of owners or landlords shall submit an annual
written report to the Township each year no later than January 15, reporting
the tonnage of materials recycled during the previous year.
B.
Persons must separate high-grade office paper, aluminum,
corrugated paper, leaf waste and such other materials as may be designated
by the municipality 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 paragraph if that person submits written
documentation to the municipality annually indicating that the designated
recyclable materials are being recycled pursuant to the rules and regulations
promulgated hereunder. If recyclable materials are collected by a collector
other than the municipality or its authorized agent, occupants of said establishments
shall submit an annual written report to the Township each year no later than
January 15, reporting the tonnage of materials recycled during the previous
year.
All recyclable materials placed by persons for collection by the municipality
or authorized collector pursuant to this article shall, from time of placement
at the curb, become the property of the municipality. Nothing contained in
this article shall be deemed to impair the ownership of separated recyclable
materials by persons unless and until such materials are placed at the curbside
for collection.
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. Nothing contained in this article shall
be interpreted to impair any existing recycling operations.
Disposal by persons of recyclable materials with waste 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 to be burned in incinerators is prohibited unless a prior exemption is
obtained in writing from the enforcing entity prior to the incineration or
landfilling thereof.
A.
The Township is hereby authorized 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
and providing for reasonable inspections thereof.
(3)
Establishing reporting procedures for amounts of materials
recycled.
(4)
Establishing procedures for the distribution, monitoring
and collection of recyclable containers.
(5)
Designating of person(s) to enforce the provisions of
this article.
B.
Any person, firm or corporation who shall violate the
provisions of this article shall receive an official written warning of noncompliance
for the first offense. Thereafter, all such violations shall be subject to
the penalties hereinafter provided.
C.
Except as hereinafter provided, any person who violates
or permits a violation of this article shall, upon conviction in a summary
proceeding brought before a District Justice under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $300 nor more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate offense,
and each section of this article that is violated shall also constitute a
separate offense.[1]
D.
The municipality reserves the right not to collect municipal
waste containing recyclable materials in combination with nonrecyclable materials.
The municipality 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 municipality may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 174-18.
