[Adopted 10-29-1990 by Ord. No. 416 (Ch. 20, Part 2, of the
1989 Code of Ordinances)]
The short title of this article shall be the "Borough of Port
Vue Recycling Ordinance," and the same may be cited in that manner.
[Amended 11-25-1991 by Ord. No. 428]
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.[1]
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
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 and those multiple-dwelling residential buildings 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.
The governing body of the Borough of Port Vue.
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 is not 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.
The Borough of Port Vue.
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 "newspaper" 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 of color other
than black and white often included in newspapers.
Owners, lessees 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.
The 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 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 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 dwelling having
up to four dwelling units per structure for which the Borough provides
municipal waste collection service.
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 otherwise
disposed. The term does not include source-separated recyclable materials
approved by the Pennsylvania Department of Environmental Protection
for beneficial use.
A.
The Borough of Port Vue hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from the 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. Specific program regulations are provided as an attachment to this article. The Council is empowered to make changes to program regulations as necessary, as described in § 252-21. Subsequent changes in the program regulations may be made through approval of the Council and public notice and notification of all affected parties.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article.
[Amended 11-25-1991 by Ord. No. 428]
A.
All persons who are residents of the Borough shall separate all of
those recyclable materials designated by the Borough from all other
municipal waste produced at or generated from their homes, apartments
and other residential establishments situate within the Borough of
Port Vue, store such material for collection and shall place same
for collection in accordance with the guidelines established hereunder.
(1)
Persons in residences must separate recyclable materials form other
refuse. Recyclable materials shall be placed at the curbside in containers
provided by Borough of Port Vue for collection. Any 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 of Port Vue shall be responsible for returning the allocated
container(s) to the Borough or shall pay the replacement cost of said
container(s). Use of a recycling container for any purpose other than
the designated recycling program or use of the recycling containers
by any person other than the person allocated such container(s) shall
be a violation of this article.
(2)
An owner, landlord, manager or agent of an owner or 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 collection 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, the agents of owners or landlords and manager
who comply with this article shall not be liable for noncompliance
of occupants of their buildings.
(3)
If recyclable materials are collected by a collector other than the
Borough or its authorized agent, owners, landlords and agents of owners
or landlords 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 multifamily housing property, provided
the collector submits an annual report indicating the tonnage of materials
recycled during the previous year from such properties in the Borough.
Reports must be received in time to allow the Borough to submit its
report to Allegheny County by February 15 of each year. The date by
which said reports are to be received by the Borough shall be established
by the Borough regulations governing same.
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. The manner in which said leaves are to be prepared
and collected shall be set forth in the Borough regulations governing
same.
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
from community activities and store the recyclable materials until
collection. A person may be exempted from this section by:
(1)
Providing for the recycling of high-grade office paper, aluminum,
corrugated paper, leaf waste and such other materials deemed appropriate
by the Borough.
(2)
Submitting, at a minimum, an annual recycling report to the Council
of the Borough. 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 types and weight of each recyclable material that
was collected and marketed. 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.
(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. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its waste. For Subsections B and C, 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.
D.
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, provided the collector submits an
annual report indicating the tonnage of materials recycled during
the previous year from all such establishments in the Borough.
E.
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; the signs should be prominently
displayed stating the requirements of the program.
F.
Commercial, municipal and institutional establishments which generate
more than 2,200 pounds of municipal waste per month should also implement
a waste minimization opportunity assessment, which includes:
(1)
Waste characterization, including source, generation rate, management
techniques and management costs. The assessment should expressly consider
high-grade office paper, aluminum corrugated paper, leaf waste and
any other materials generated in significant quantities.
(2)
A description of all possible waste minimization options, including
use and waste reclamation.
(3)
An evaluation of the economic and technical feasibility of each option
and a ranking of each portion.
(4)
An estimate of the payback period for each feasible option.
(5)
A statement of which options will be implemented, including an explanation
and a timetable.
(6)
Identification of the individual(s) who will be responsible for implementing
the plan.
G.
The waste minimization plan should be periodically updated. Implementation
of the plan should include:
(1)
Recycling or composting of materials to the greatest extent feasible,
either privately or through a Borough recycling program.
(2)
Use, to the greatest extent feasible, of products and materials which
are recyclable or made of post-consumer materials.
(3)
Substitution, to the greatest extent feasible, of durable and reusable
products and materials for products that are not durable or reusable.
(4)
Appropriate education materials and signs should be made available
to the employees or the public to encourage participation in recycling
and waste reduction.
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 or the authorized collector, except as otherwise provided by § 252-19 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 of Port Vue or one authorized
by the 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 institutional establishment without prior written permission from
the Council or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
[Amended 11-25-1991 by Ord. No. 428]
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 recyclable materials in landfills or to be burned
in incinerators is prohibited.
A.
The Council is 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 reporting procedures for amounts of materials recycled.
(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 provisions
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 less than $25 nor more than $300,
and costs of prosecution, for each and every offense.
D.
The Borough of Port Vue reserves the right not to collect municipal
waste containing recyclable materials in combination with nonrecyclable
materials.
The Borough of Port Vue 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 of Port Vue may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 252-21.
