[HISTORY: Adopted by the Council of the Borough of Baden 7-19-1989 by Ord. No. 783. Amendments noted where applicable.]
The short title of this chapter shall be the "Baden Borough Recycling Ordinance," and the same may be cited in that manner.
As used in this chapter, the following terms shall have the meanings indicated:
- ALUMINUM CANS
- Empty all-aluminum beverage and food containers.
- BIMETALLIC CANS
- Empty food and beverage containers consisting of ferrous sides and bottom and an aluminum top.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial or industrial purposes.
- CORRUGATED PAPER
- That material consisting of two or more pieces of kraft liner separated by corrugated (fluted) liner board. Excluded are materials without a corrugated interliner and those materials with a corrugated liner made from rice or other nonwood-based materials.
- CURBSIDE COLLECTION
- The collection by the municipality or its authorized agent(s) of recyclable materials placed at the curbside or other designated location.
- FERROUS CANS
- Empty steel or tin food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain or ceramic products.
- HIGH GRADE OFFICE PAPER
- That paper collected from commercial, institutional and municipal establishments that was discarded from xerographic copiers, from nonthermal computer printers, from general office use forms, memos and correspondence and from print shops and other commercial printing processes. Material sorting and classification grades will be specified in the regulations specific to this chapter. Expressly excluded are papers with self carbons, carbon paper, envelopes and all other grades of papers not meeting the specifications in the regulations.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, e.g., hospitals, schools and nursing homes.
- LEAF WASTE
- Leaves, garden residues and similar material, but not including grass clippings.
- MAGAZINES AND PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.
- 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, however, are newspapers which have been soiled.
- Owners, lessees and occupants of residences or commercial or institutional establishments.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers. Due to the large variety of types of plastics, the recycling regulations shall stipulate the specific types of plastic which may be recycled.
- RECYCLABLE MATERIALS
- Those materials specified by the municipality to be recycled. The list of materials shall be specified in the recycling regulations resulting from this chapter and may be revised from time to time as deemed necessary by the municipality.
- Any occupied single-family or multifamily dwelling from which a municipal or private waste hauler collects solid waste.
- SOLID WASTE
- All refuse (garbage and rubbish) and other discarded solid material normally collected by a municipal or private hauler.
- YARD WASTE
- Prunings, grass clippings, weeds, leaves and garden waste.
There is hereby established by the Borough of Baden, hereinafter referred to as the "municipality," a program that mandates that recyclable materials shall be kept separate from solid waste by all persons within the municipality.
Recyclable materials shall be placed at the curb or in areas designated by the municipality separate from solid waste for collection at such times and dates as may be hereinafter established by regulations.
It shall be a violation of this chapter for any person(s) unauthorized by the municipality to collect or pick up or cause to be collected or picked up any such recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
The municipality is authorized and directed to enforce this chapter. The same is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this chapter. The municipality may change, modify, repeal or amend any portion of said rules and regulations at any time.
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this chapter or any regulation thereof shall be punishable by a fine not to exceed $100 upon a first conviction and $300 upon a second or subsequent conviction. The above fines shall not be applicable to a conviction for § 143-5 hereof, which shall be punishable by a fine not to exceed $500. No enforcement of §§ 143-3 and 143-4 of this chapter shall be made until three months from the effective date of the regulations authorized to be promulgated hereunder.
The municipality may enter into agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside or elsewhere as designated by the municipality.
Any person may donate or sell recyclable materials to individuals or organizations authorized by the municipality in its recycling regulations. These materials must either be delivered to the individual's or organization's site or they may be placed at the curb for collection by said individual or organization on days not indicated as recyclable material collection days by the municipality. Said individuals or organizations may not collect recyclable materials on or immediately preceding (within 24 hours) a regularly scheduled curbside collection day.