[Adopted 8-11-1991 by Ord. No. 194]
The short title of this article shall be the
"Township of Chartiers 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:
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
Not exposed to foreign substances or conditions rendering
them unusable for recycling.
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 multiple-dwelling residential buildings containing
more than four dwelling units.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
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.
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 municipality and other
governmental and quasi-governmental authorities.
The Township of Chartiers.
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 plan 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. Due to the wide
variety of types of plastics, the municipality may stipulate specific
types of plastic which may be recycled.
Materials generated by residences 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, glass containers, aluminum, steel and bimetallic containers,
newsprint, leaf waste, plastic containers 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 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 or multifamily dwellings having up to
20 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.
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.
A.
The Township of Chartiers 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 located in the municipality for which waste collection
is provided by the Township 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 Township 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 regulations are provided as an attachment
to this article.[1] The Board of Supervisors is empowered to make changes to program regulations as necessary, as described in § 285-40. Subsequent changes in the program regulations may be made through approval of the Board of Supervisors and public notice and notification of all affected parties.
[1]
Editor's Note: Said regulations are on file in the Township
offices.
A.
All persons who are residents of the Township of Chartiers
shall separate all of those recyclable materials designated by the
Township from all other municipal waste produced at their homes, apartments
and other residences, store such materials for collection, and place
same for collection in accordance with the guidelines established
hereunder.
(1)
Persons in residences must separate recyclable materials
from other refuse. Recyclable materials shall be placed at the curbside
in containers provided by the municipality 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 Township shall be responsible for returning the allocated
container(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 person other than the person allocated such container(s)
shall be a violation of this article.
(2)
Collection system for multifamily rental housing property.
(a)
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.
(b)
If recyclable materials are collected by a collector
other than the Township or its authorized agent, owners, landlords
and agents of owners or landlords shall submit an annual report to
the Township reporting the tonnage of materials recycled during the
previous year.
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.
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by § 285-39 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 municipality or one
authorized by the Board of Supervisors 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 Township 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 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 without prior written permission from the Board
of Supervisors or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
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 recycling facilities of source-separated
recyclable materials in landfills or to be burned in incinerators
is prohibited unless markets do not exist and the collectors or operators
have notified the Board of Supervisors in writing.
A.
The Board of Supervisors 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.
(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 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 more than
$500 and costs of prosecution for each and every offense.
D.
The Township reserves the right not to collect municipal
waste containing recyclable materials in combination with nonrecyclable
materials.
The Township 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.
All ordinances or parts of ordinances inconsistent
with this article are hereby repealed to the extent of such inconsistency.
Should any part of this article be held unconstitutional, illegal
or unenforceable by any court of competent jurisdiction, such invalidity
shall not affect, impair, nullify or otherwise prevent the enforcement
of the remainder of this article. It is hereby declared that such
parts as are legal would have been erected independently of the invalid
portion had the invalidity of such part been known, and it is the
intention of the Township that such remainder shall be and remain
in full force and effect.
The Township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 285-40.
