[HISTORY: Adopted by the Municipal Council of the Municipality
of Monroeville 8-14-1990 by Ord.
No. 1710. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All aluminum beverage or food cans which have been emptied.
Any occupied multifamily structure having five or more dwelling
units per structure for which the Municipality does not provide Municipal
waste removal services.
Empty food or beverage containers consisting of steel and
aluminum.
All items which are too large to bag, can or bundle, including
furniture, large appliances, furnaces, automobile tires and automobile
parts.
Those properties used primarily for commercial or industrial
purposes.
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.
Every refuse or accumulation of animal, fish, fowl, food,
fruit or vegetable matter that attends the preparation, use, cooking,
dealing in or storage of meat, fish, fowl, food, fruit or vegetable
or any other organic substance or substances subject to fermentation
or decay, including condemned food, tin cans, bottles, broken glass
or crockery and cooking utensils.
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, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
Facilities owned and/or operated by a Municipality as defined
herein.
The Municipality of Monroeville.
[Amended 7-8-1997 by Ord.
No. 2042]
A source-separation and collection program for recycling
Municipal waste or source-separated recyclable materials or a program
for designated dropoff points or collection centers for recycling
Municipal waste or source-separated recyclable materials that is operated
by or on behalf of a Municipality. The term includes any source-separation
and collection program for composting yard waste that is operated
by or on behalf of a Municipality. The term shall not include any
program for recycling construction/demolition waste or sludge from
sewage treatment plants or water supply treatment plants.
Any garbage, refuse, rubbish, bulk rubbish, industrial lunchroom
or office waste 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, 35 P.S. § 6018.101
et seq., 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
or lead acid batteries or any other items excluded from collection
by the contractor under its contract with the Municipality.
Any facility that is designed, operated or maintained for
the disposal of Municipal waste, whether or not such facility possesses
a permit from the Department of Environmental Resources of the Commonwealth
(DER)[1] under the Solid Waste Management Act, 35 P.S. § 6018.101
et seq. The term shall not include any facility that is used exclusively
for the disposal of construction/demolition waste or sludge from sewage
treatment plants or water supply treatment plants.
Includes paper of the type commonly referred to as "newsprint"
and distributed at fixed intervals, having printed thereon news and
opinions and containing advertisements and other matters of public
interest, including color comics, glossy advertising inserts and inserts
printed in color included with newspapers.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency, including but not
limited to the Department of General Services and the State Public
School Building Authority, or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this chapter prescribing a fine, imprisonment or penalty, or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or other legal entity having
officers and directors.
Empty plastic food and beverage containers, including but
not limited to plastic pop bottles, milk jugs and plastic ketchup
bottles.
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 bimetal cans,
high-grade office paper, newsprint, corrugated paper, leaf waste,
plastics and any other items selected by the Municipality or specified
in future revisions to Act 101.[2] The recyclable materials selected by the Municipality
may be revised from time to time as deemed necessary by the Municipality.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as Municipal waste or
the mechanized separation and treatment of Municipal waste, other
than through combustion, and the creation and recovery of reusable
materials.
A facility employing a technology that is a process that
separates or classifies Municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin and raw materials. The term "recycling
facility" shall not mean transfer stations or landfills for solid
waste or composting facilities or resource recovery facilities.
All discarded articles or materials, including rubbish and
incombustible waste, except sewage and liquid waste. Paint cans are
included under "refuse" but must be empty for disposal.
Any occupied single-family or multifamily structure having
up to four dwelling units per structure for which the Municipality
provides Municipal waste collection service.
A processing facility that provides for the extraction and
utilization of materials or energy from Municipal waste that is generated
off site, including but not limited to a facility that mechanically
extracts materials from Municipal waste, a combustion facility that
converts the organic fraction of Municipal waste to usable energy
and any chemical and biological process that converts Municipal waste
into a fuel product. The term also includes any facility for the combustion
of Municipal waste that is generated off site, whether or not the
facility is operated to recover energy.
All rags, paper, grass cuttings, household refuse, straw
excelsior and such other refuse as may result through ordinary household
pursuits and which may be destroyed by burning, including incinerator
ashes and refuse from burners; parts of trees, not more than four
feet in length and six inches in diameter, are included in the term
"rubbish," as are Christmas trees in December, January and February.
As defined in the Act of July 7, 1980 (P.L. 380, No. 97),
known as the "Solid Waste Management Act," 35 P.S. § 6018.101
et seq.
The Act of July 7, 1980 (P.L. 380, No. 97), 35 P.S. § 6018.101
et seq.
Materials that are separated from Municipal waste at the
point of origin for the purpose of recycling.
There is hereby established a Municipal recycling program for
the mandatory separation of recyclable materials and leaf waste from
Municipal waste in the Municipality of Monroeville. Specific program
regulations are provided as Attachment A to this chapter.[1] The Municipality of Monroeville is empowered to make changes to program regulations as necessary as described in § 297-12 hereof, provided that the collection of recyclable materials shall be made at least once per month by the Municipality, its designated agent or any other authorized waste collectors operating in the Municipality. The recycling program shall also contain a sustained public information and education program.
[1]
Editor's Note: Attachment A is on file in the Municipal offices.
Disposal by persons of lead acid batteries with Municipal waste
and/or recyclable materials is hereby prohibited.
A.Â
Residential dwellings (residences and apartments). In addition to
separating leaf waste from Municipal waste, all persons shall be required
to separate from Municipal waste generated at their homes, apartments
and other residential establishments as designated by the Municipality
from the following materials:
B.Â
Commercial, Municipal and institutional establishments and community
activities. All commercial, Municipal and institutional establishments
and community activities shall be required to separate for recycling
materials including high-grade office paper, aluminum, corrugated
paper and leaf waste. Based upon the volume generated, the Municipality
may require additional materials to be separated for recycling from
the following materials:
Nothing in this chapter shall be deemed to impair the ownership
of separated materials by the person who generated them unless and
until such materials are placed at curbside or a similar designated
location for collection by the Municipality or its agents and/or contractor.
Any container provided to residents for the 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 to the Municipality or shall pay the replacement
cost of said containers. 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 containers
shall be a violation of this chapter.
The Municipality shall pick up or provide for the pickup of
all recyclable materials from the curbside or similar location of
all dwellings of one to four units and other participating establishments
one time per week on the designated day that the Municipal waste is
picked up by the Municipality or its agents and/or contractor. Said
recyclable material shall be placed in the designated containers to
be provided by the Municipality and shall be picked up by trucks and
other related equipment at the curbside or similar location. The recyclable
material shall be transported to the recovery facility where the recyclable
materials will be separated for sale to a secondary market or reused
by a manufacturer as a substitute for or a supplement to virgin or
raw materials. The Municipality or its agents and/or contractors shall
provide written documentation of the total number of tons of recyclable
material collected and disposed of each year pursuant to the provisions
of the aforementioned Act 101 of July 1988.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
Any person, owner, landlord or agent of an owner or landlord
of multifamily rental housing properties with five or more units must
comply with the requirements of this chapter by establishing an independent
collection system for recyclable materials at each multifamily rental
housing property. The collection system must include suitable containers
for collecting and sorting materials, easily accessible locations
for the containers and written instructions to the occupants concerning
the use and availability of the individual collection system. Persons,
owners, landlords and agents of owners or landlords who comply with
the provisions of this section shall not be liable for the noncompliance
of occupants of the multifamily rental housing properties. Any owners,
landlords and/or their agents of multifamily dwellings of five or
more units must provide annually to the Municipality of Monroeville
written documentation of the total number of tons of material that
have been recycled. This written documentation shall be in the form
of receipt slips which shall show the volume of material recycled
per receipt. This written documentation must also show the total number
of tons of recyclable material collected and disposed of per year.
Any person occupying a commercial, institutional or Municipal
establishment within the Municipal boundaries of the Municipality
of Monroeville must provide for his or its own separation and collection
of recyclable materials and must provide annually to the Municipality
of Monroeville written documentation of the total number of tons of
material that have been recycled. This written documentation shall
be in the form of receipt slips which shall show the volume of material
recycled per receipt. This written documentation must also show the
total number of tons of recyclable material collected and disposed
of per year.
A.Â
It shall be unlawful for any unauthorized person to collect or pick
up or cause to be collected or picked up any recyclable material once
it has been placed at the curb or other similar designated location.
B.Â
It shall also be unlawful for any person to collect, remove or dispose
of solid and/or Municipal waste which contains recyclable materials
when it is combined with other forms of solid and/or Municipal waste.
The Municipality of Monroeville Municipal Council is hereby
authorized and directed to make reasonable rules and regulations for
the operation and enforcement of this chapter as are deemed necessary,
including but not limited to:
A.Â
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
and apartments.
B.Â
Establishing procedures for the distribution, monitoring and collection
of containers for the recyclables.
C.Â
Establishing procedures and rules for the collection of leaf waste.
D.Â
Establishing collection procedures for the recyclable materials.
E.Â
Establishing reporting procedures for amounts of materials recycled.
[Amended 3-12-1991 by Ord. No. 1748]
A.Â
Any person who shall violate any provision of this chapter, upon
conviction thereof, shall be sentenced to pay a fine of not less than
$300 nor more than $1,000, and cost of prosecution, or, in default
of such fine and cost, to undergo imprisonment for not more than 30
days.
B.Â
Each violation of the provisions of this chapter shall constitute
a separate and distinct offense punishable as provided for in this
section.
