[Adopted 5-20-1992 by Ord. No. 677 (Ch. 20, Part 2, of the
1995 Code)]
This article shall be known and may be cited as the "Recycling
Ordinance of the Borough of Zelienople."
The following words and phrases, as used in this article, shall
have the meanings ascribed to them herein, unless the context clearly
indicates a different meaning:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[1]
Empty all-aluminum food and beverage containers, clean aluminum
foil and pie tins, aluminum siding, aluminum frames of furniture,
scrap from industrial sources and other all-aluminum materials.
Empty food or beverage containers consisting of ferrous sides
with aluminum top and bottom. A container is bimetallic if a magnet
sticks to the sides but not the ends.
Any person, firm, partnership, corporation or public agency
authorized by the Borough to collect recyclable materials from residences,
or authorized by commercial, municipal and institutional establishments
to collect recyclable materials from those properties.
Those properties used primarily for commercial or industrial
purposes, and those multiple-dwelling residential buildings containing
four or more dwelling units.
Events that are sponsored by public or private agencies or
individuals, including, but not limited to, fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Containerboard cartons, Kraft linerboard, and shipping boxes
with corrugated paper medium. This definition also includes Kraft
(brown) paper bags.
Empty bottles and jars made of clear, green or brown glass.
This definition does not include noncontainer glass, window glass,
blue glass and porcelain, ceramic products and light bulbs.
Printing, writing and computer paper used in commercial,
institutional and municipal establishments as well as in residences.
This definition includes white paper, white ledger, bond paper, colored
ledger, computer printouts, computer tab cards and copy machine paper.
Facilities that house or serve groups of people, including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and colleges.
Automotive, truck and industrial batteries that contain lead.
Properties having four or more dwelling units per structure.
Public facilities operated by the Borough and other governmental
and quasi-governmental agencies.
As defined by Act 101.[2]
The Borough of Zelienople.
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.
Owners, lessees and occupants of residences, commercial,
municipal or institutional establishments.
High-density polyethylene such as plastic containers for
milk, container plastics including resealable containers, food containers,
household product containers, PETE soda bottles, beverage containers
and other plastic products.
Materials generated by residences, commercial, municipal
and institutional establishments which are specified by the Borough
or by the County to be recycled. Recyclable materials may include
clear glass, colored glass, aluminum steel and bimetallic containers,
high-grade office paper, newspapers, corrugated paper, yard waste,
plastics and any other items selected by the Borough or County, or
specified in amendments to Act 101.[3]
The collection, separation, recovery and sale and reuse of
metals, glass, paper, yard 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
other than as a fuel for the operation of energy.
Any occupied single-family, duplex or multifamily dwelling
of three units or less for which a municipal or private hauler collects
municipal waste.
Materials that are separated from municipal waste at the
point of origin for the purpose of being recycled.
All coated (tin, zinc, etc.) and other empty ferrous food
and beverage containers, including allowed materials. This definition
also includes ferrous and alloyed ferrous scrap materials derived
from iron and stainless steel and white goods (large appliances).
Leaves, garden residues, shrubbery and tree trimmings, grass
clippings and similar material.
The Borough hereby establishes a recycling program for the mandatory
separation and collection of recyclable materials and the separation
and composting of yard waste from all residences, commercial, municipal
and institution establishments located in the Borough. Recyclable
materials shall be collected at such times and dates, at least once
per month, as may be hereinafter established by regulation.
A.
Persons in residential establishments shall separate recyclable materials
from other waste. Recyclable materials shall be placed at the curbside
or at a site designated by the Borough. Recyclable materials shall
be prepared for collection according to Borough or County guidelines
and shall be placed in containers provided by the Borough or cut and
baled, tied, bundled, stacked or packaged in compliance with the guidelines.
(1)
All containers provided to residential establishments for recyclable
materials shall be the property of the Borough and shall be used only
for the storage and collection of recyclable materials. Any resident
who moves shall be responsible for leaving the container within the
residence or shall pay the replacement cost of said container.
(2)
Use of the allocated recycling container for any purpose other than
the recycling program shall be a violation of this article.
B.
An owner, landlord or agent of the owner or landlord of a multifamily
housing property with four or more units shall comply with its recycling
responsibilities by establishing a collection program for the tenants
at each property. The collection system shall include suitable containers,
provided by the owner, landlord or agent, for sorting and collection
of recyclable materials. The containers shall be placed in easily
accessible locations, and written instructions shall be provided to
the tenants concerning use and availability of the collection system.
(1)
Owners, landlords or agents of multifamily property who are in compliance
with the article shall not be liable for noncompliance by the occupants
of their property.
(2)
Owner, landlords or agents who have recyclable materials collected
by a collection firm other than the Borough or its designated collector(s)
shall submit an annual report to the Borough reporting the tonnage
of materials recycled during the previous year.
C.
Commercial, institutional, municipal establishments and community
activities shall separate high-grade office paper, aluminum, corrugated
paper, yard waste and such other materials as may be designated by
the Borough and shall store the recyclable materials until collection.
These establishments may be exempted from this article if the establishments
have otherwise provided for the recycling of materials specified by
this article and provide documentation to the Borough annually indicating
the designated recyclable materials are being recycled and indicating
the tonnage of materials recycled during the previous year.
(1)
It shall be the responsibility of each establishment and community
activity to submit an annual report to the Borough reporting the tonnage
of materials recycled by the establishment or activity during the
previous year.
All owners, lessees or occupants of any residential, commercial,
institutional, multifamily or municipal properties in the Borough
shall separate yard waste from other waste. (The Borough will specify
by regulation the disposition of yard waste.)
No person shall place a used lead acid battery in municipal
waste, discard or otherwise dispose of a lead acid battery except
by delivery to a designated facility authorized under the laws of
Pennsylvania.
All recyclable materials, when placed at the curbside, become
the property of the Borough until removed by its authorized collector,
except as provided below:
A.
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the Borough. The recyclable materials
shall be either delivered to the individual organization's site or
may be placed at the curb for collection by said individual or organization.
If placed at the curb, the individual or organization shall not collect
recyclable materials on days designated as Borough collection days.
B.
Any person who donates or sells recyclable materials shall not receive
a discount in waste collection fees paid to his collector.
The Borough may enter into an agreement with public or private
agencies or firms to authorize said agencies or firms to collect all
or part of recyclable materials placed at curbside or at another designated
site.
The Borough officials are authorized by this article to enact
reasonable rules and regulations for the operation and enforcement
of this article, including, but not limited to:
A.
Designating recyclable materials to be separated by residential establishments,
and designating additional recyclable materials to be separated by
commercial, institutional and municipal establishments.
B.
Establishing collection procedures for recyclable materials.
C.
Establishing reporting procedures for volumes of materials recycled.
D.
Establishing procedures for the distribution, monitoring and collection
of recycling containers.
E.
Establishing procedures and rules for the collection of yard waste.
F.
Establishing procedures for the enforcement of the provisions of
this article.
[Amended 12-11-1995 by Ord. No. 715]
A.
Any person, firm or corporation who shall violate the provisions of this article and its rules and regulations shall receive an official written warning of noncompliance for the first offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided. No enforcement of §§ 225-13 and 225-14 of this article shall be made until two months from the effective date of this article.
B.
Any person, firm or corporation who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not less than $25 nor more than $1,000 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days.
(1)
Collection by unauthorized persons; violation. It shall be a violation of this article to collect recyclable materials unless such collection firm, person or corporation is licensed by the County or is authorized by the Borough as provided for in § 225-17. Unauthorized collection of recyclable materials from one or more residential, commercial, institutional or municipal establishments on one calendar day shall constitute a separate and distinct offense punishable as provided in this section.
(2)
Failure to separate; violation. It shall be a violation of this article
for any person to mix recyclable materials with other wastes for collection
and disposal purposes.
[Amended 12-11-1995 by Ord. No. 715]
A.
Every resident and business must obtain a recycling container from
the Borough of Zelienople. At the time of obtaining said container,
the resident or business must:
(1)
Complete the appropriate form provided by the Borough.
(2)
Pay a deposit as established from time to time by resolution of Borough
Council for the container. This deposit to be returned to the payer
if the container is returned within a period of five years and is
in usable condition when returned.
(3)
The resident or business must provide the name of its hauler or authorized
collector.
B.
For business usage, if the twenty-gallon container is impractical,
they need not obtain same but must complete the form.
C.
Any resident or business of the Borough of Zelienople which does
not wish to recycle with a hauler must provide proof to the Borough
on a quarterly basis that it is recycling the items set forth below.
Said proof shall be in the form of a receipt from a recycling center
indicating the date of deposit by the resident or business, the makeup
of the recycled product and the poundage thereof. Any resident recycling
on his own and not using a hauler must submit said proof to the Borough
by the 20th day of the month subsequent to each quarter, i.e., April
20, July 20, October 20 and January 20. Failure to provide said receipt
will subject the resident or business to the penalties contained in
the various ordinances.
[Amended 11-9-1992 ]
The Borough of Zelienople will require residents to recycle
the following items in the following manner:
A.
Plastic containers bearing the recycle emblems and the numerals 1
and 2. All lids must be removed and disposed of separately.
B.
Clear, green and brown bottles and food jars. The lids are to be
removed from same and disposed of separately.
C.
Steel cans, bimetal and tin cans.
D.
Aluminum beverage and food cans, clean aluminum foil and pie plates.
E.
Newspapers bagged in paper shopping bags; if there is a rainy day,
the items may be placed in a plastic bag.
F.
Magazines with glossy pages and catalogs. This does not include telephone
books, paperback books and hardback books.
G.
All containers are to be cleaned by rinsing out all residue of the
original contents.
H.
Newspapers, magazines and other paper products must be kept dry.
There will be no recycling of junk mail, writing paper and other similar
paper products.
Any resident, firm, partnership or corporation wishing to collect
municipal waste from residential, commercial, municipal and institutional
establishments within the Borough of Zelienople must comply with the
following standard:
A.
All haulers must be registered with the appropriate state and county
facilities.
C.
The curbside pickup must be on a minimum basis of one time per month.
D.
All recycling centers utilized by the haulers must be able to provide
to the Borough of Zelienople an annual statement of the tonnage recycled
from the Borough of Zelienople.
E.
All haulers must provide a complete customer list to the Borough.
F.
All haulers will provide an annual statement of the fee structure
to the Borough. The Borough agrees to maintain this in a confidential
manner not to be disclosed to the individual residents.
In addition to all acts prohibited under Article I and Article II of this chapter, residents and businesses are hereby specifically prohibited from disposing of the above-listed recyclable items in their normal garbage or refuse collection stream or to burn any recyclable item. Any resident or business disposing of a recyclable item in its garbage or refuse or burning said item subjects itself to all penalties contained in Ordinance Nos. 676 and 677 (Articles I and II, respectively, of this chapter).
The Borough of Zelienople retains the right at its discretion
to review cases involving extraordinary circumstances or imposing
extreme economic hardship on individuals or businesses.
