City of Latrobe, PA
Westmoreland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of Latrobe 7-9-1990 as Ord. No. 1990-6 (Ch. XX, Part 2, of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Junk and scrap accumulations — See Ch. 72.
Solid waste — See Ch. 319.

§ 305-1 Title.

The short title of this chapter shall be the "Latrobe Recycling Ordinance," and the same may be cited in that manner.

§ 305-2 Definitions.

The following words and phrases used throughout this chapter shall have the following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[1]
ALUMINUM
Empty all-aluminum beverage or food cans.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
COLLECTOR
The entity or entities authorized by Latrobe to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments that do not receive collection services from Latrobe to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes, and those multiple-dwelling residential buildings containing more than four dwelling units.
COMMUNITY ACTIVITIES
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.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel- or tin-coated food or beverage containers.
GENERATOR
A person who is an owner of or has the right of possession to real property upon which recyclable materials are used or located and who shall be responsible for complying with the provisions of this chapter and the rules and regulations established thereunder.
GLASS CONTAINERS, CLEAR
Bottles and jars made of clear glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
LEAD-ACID BATTERIES
Includes, but shall not be limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, but not including garden residues, chopped shrubbery, tree trimmings and grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTIES
Any properties having two or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by Latrobe and other governmental and quasi-governmental authorities.
MUNICIPALITY
Latrobe.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other material, including solid, liquid, semisolid or contained gaseous material, resulting from the 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.
NEWSPAPERS
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.
PERSON(S)
Owners, lessees and occupants of residences and commercial, municipal and institutional establishments, whether natural, corporate or otherwise.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide variety of types of plastic, the municipality may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by Latrobe 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 any other items selected by Latrobe or specified in future revisions to Act 101. The "recyclable materials" selected by Latrobe may be revised from time to time as deemed necessary by Latrobe.
RECYCLING
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.
RESIDENCES
Any occupied single- or multifamily dwellings for which Latrobe provides municipal waste collection service.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
WASTE
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 Resources for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 305-3 Establishment of program; grant of power.

A. 
Latrobe hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from all residences and all commercial, municipal and institutional establishments located in Latrobe for which waste collection is provided by Latrobe or any other collector. Collection of the recyclable materials shall be available once per week by Latrobe, its designated agent or any other solid waste collectors operating in Latrobe 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.
B. 
Specific program rules and regulations are provided as an attachment to this chapter.[1] The Director of Administration and Finance is empowered to make changes to program rules and regulations as necessary, as described in § 305-9. Subsequent changes in the program rules and regulations which directly affect obligations of generators must be approved by resolution of the Council of Latrobe with public notice to all affected parties.
[1]
Editor's Note: See § 305-12.
C. 
This chapter is ordained pursuant to the state enabling statute applicable to the form of government for Latrobe at the time of enactment of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 305-4 Separation and collection.

A. 
All persons who are residents of Latrobe shall separate all of those recyclable materials designated by Latrobe from municipal waste produced at their homes, apartments and other residential establishments, shall store such materials for collection and shall place the same for collection in accordance with the rules and regulations established hereunder.
(1) 
Persons in residences must separate recyclable materials from municipal waste. Recyclable materials shall be placed at the curbside in approved containers provided by Latrobe for collection. Any containers provided to residences for collection of recyclable materials shall be the property of Latrobe and shall be used only for the collection of recyclable materials. Any resident who moves within or from Latrobe shall be responsible for returning the allocated container(s) to Latrobe 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 person other than the person allocated such container(s) shall be a violation of this chapter.
(2) 
An owner, landlord or agent of an owner or landlord of a multifamily rental housing property may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include approved 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 and agents of owners or landlords who comply with this chapter shall not be liable for noncompliance of occupants of their buildings.
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.
C. 
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by Latrobe 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 subsection if that person submits documentation to Latrobe annually indicating that the designated recyclable materials are being recycled in an appropriate manner.
D. 
If recyclable materials are collected by a collector other than Latrobe or its authorized agent, occupants of said establishments shall submit an annual report to Latrobe reporting the tonnage of materials recycled during the previous year.

§ 305-5 Ownership of recyclable materials.

All recyclable materials placed by persons for collection by Latrobe or authorized collector pursuant to this chapter shall, from time of placement at the curb, become the property of Latrobe or the authorized collector, except as otherwise provided by § 305-7 of this chapter. Nothing in this chapter shall be deemed to impair the ownership of separated recycled materials by the generator unless and until such materials are placed at the curbside for collection.

§ 305-6 Collection by unauthorized persons.

It shall be a violation of this chapter for any person, firm or corporation other than Latrobe or one authorized by the Council of Latrobe or other entity responsible for providing for collection of recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by Latrobe or an authorized collector to collect, pick up or cause to be collected or picked up any recyclables, 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.

§ 305-7 Existing recycling operations.

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 of Latrobe or other entity responsible for authorizing collection of recyclable materials to make such a collection.

§ 305-8 Recycling of materials.

Disposal by persons of recyclable materials with municipal waste is prohibited and shall be a violation of this chapter. The collected recycled 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.

§ 305-9 Enforcement and administration.

A. 
The Director of Administration and Finance is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this chapter 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.
(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 chapter 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, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not more than $600 and costs of prosecution for each and every offense and, in default of payment of such fine and costs, to a period of imprisonment not exceeding 30 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
D. 
In addition, Latrobe reserves the right to collect municipal waste containing recyclable materials, separate the same and bill the generator for the cost of separation.

§ 305-10 Franchise or license.

Latrobe 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.

§ 305-11 Modifications.

Latrobe may, from time to time, modify, add to or remove from the rules and regulations herein and as authorized in § 305-9.

§ 305-12 Recycling program rules and regulations.

The following Rules and Regulations are established under this chapter (Ordinance No. 1990-6, entitled "Excluding Certain Recyclable Materials from Municipal Waste, Establishing a Recyclable Material Resource Recovery Program and Fixing Penalties for the Violation Thereof"). These rules and regulations, which are attached to and are a part of this chapter, may be amended from time to time by resolution of the Council of Latrobe. The rules and regulations are as follows:
A. 
Establishing recyclable materials for separation by residences, commercial, municipal and institutional establishments.
(1) 
Residences. All residential generators shall be required to separate from municipal waste all newspaper, aluminum, steel and bimetallic containers and clear glass. In addition, all residential generators shall also be required to separate from municipal waste all leaf waste.
(2) 
Commercial, municipal and institutional establishments. All commercial, municipal and institutional generators shall be required to separate from municipal waste all corrugated paper, high-grade office paper and aluminum containers. These generators shall also be required to separate all leaf waste.
(3) 
Community activities attended by 200 or more individuals per day. The organizers of community activities (who are deemed to be generators) shall be required to separate corrugated paper, high-grade office paper and aluminum containers.
B. 
Establishing collection procedures for recyclable materials. Residences and commercial, municipal and institutional establishments and community activities shall be required to follow the collection procedures set forth below:
(1) 
Residences.
(a) 
Residential generators shall be required to store all aluminum containers, steel and bimetallic containers, clear glass and newspapers in containers approved by and provided to the generator by Latrobe. The containers shall be placed at the normal place for collection for municipal waste on the normal collection day by each generator. Each generator is encouraged not to place the recyclable material container for collection until it is full.
(b) 
Leaf waste shall be collected in plastic bags specifically approved by Latrobe for leaf waste and which shall be available for purchase from Latrobe. The leaf waste bags shall be placed at the normal place of collection for municipal waste on the normal collection day by each generator. To the extent possible, leaf waste bags shall be collected on the same day as municipal waste collection. However, there may be occasions where these bags may be collected on a subsequent day. Leaf waste is required to be placed in approved leaf bags and shall not be swept into the curbside gutter. Sweeping leaves into the curbside gutter is a violation of the rules and regulations set forth herein and this chapter, which can result in fines and penalties.
(2) 
Commercial, municipal and institutional establishments.
(a) 
Collection procedures for generators falling under this classification shall be determined by Latrobe on an individual basis upon consultation with each generator. Both frequency of collection and manner of collection shall be determined on a case-by-case basis. Recyclables must, however, be placed in containers approved by Latrobe.
(b) 
Leaf waste shall be placed in plastic bags specifically approved by Latrobe for leaf waste and which shall be available for purchase from Latrobe. The leaf waste bags shall be placed at the normal place of collection for municipal waste on the normal collection day by each generator. To the extent possible, leaf waste bags shall be collected on the same day as municipal waste collection. However, there may be occasions where these bags may be collected on a subsequent day. Leaf waste is required to be placed in approved leaf bags and shall not be swept into the curbside gutter. Sweeping leaves into the curbside gutter is a violation of the rules and regulations set forth herein and this chapter, which can result in fines and penalties.
(3) 
Community activities. Collection procedures for generators falling under this classification shall be determined by Latrobe on an individual basis upon consultation with each generator. Both frequency of collection and manner of collection shall be determined on a case-by-case basis. Recyclables must, however, be placed in containers approved by Latrobe.
C. 
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
(1) 
Residential. No fewer than one approved container shall be provided by Latrobe to each residential property. The cost of providing and distributing containers, if any, shall be made by subsequent amendment to these rules and regulations, with proper notice to be given.
(2) 
Commercial, municipal and institutional establishments. No fewer than one approved container shall be provided by Latrobe to each commercial, municipal and institutional establishment. The cost of providing and distributing containers, if any, shall be made by subsequent amendment to these rules and regulations, with proper notice to be given.
(3) 
Community activities. No fewer than one approved container shall be provided by Latrobe to each organizer of a community activity. The cost of providing and distributing containers, if any, shall be made by subsequent amendment to these rules and regulations, with proper notice to be given.
D. 
Cost of maintenance of program. It is the intent of Latrobe to minimize the cost of collection of recyclable materials to all generators. Charges, if any, to generators of recyclable materials will be determined by an ongoing review of the cost of this program to Latrobe. The assessment of any cost to a generator and the amount will be determined by subsequent amendment to these rules and regulations, with proper notice to be given. Latrobe reserves the right to determine and apportion cost on a different basis between each classification of generators, depending upon volume, frequency and manner of collection.
E. 
Establishing reporting procedures. Reporting of the collection of recyclable materials by collectors other than Latrobe shall be made to Latrobe at such frequency and in such form and manner as hereinafter determined by Latrobe and any applicable federal, state or local law, rule or regulation.
F. 
Additional rules and regulations.
(1) 
The Director of Administration and Finance shall be responsible for developing and implementing additional rules and regulations for the day-to-day operation of the recycling program as may become necessary. Any additional rule or regulation not set forth herein which shall create an obligation or duty upon any affected generator shall be implemented by resolution of the Council of Latrobe with notice provided which shall be no less than public notice advertised one time in a newspaper of general circulation within Latrobe.
(2) 
These rules and regulations are hereby enacted by adoption of this chapter, to which they are attached and incorporated therein, this ninth day of July 1990.