[Adopted 7-17-1990 by Ord. No. 90-12]
The short title of this article shall be the "Borough of Bellevue
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:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
All empty aluminum beverage or food cans.
Empty food and 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
four or more dwelling units.
Events that are sponsored by public or private agencies or
individuals and 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.
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 shall not be 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.
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, 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 plan, wastewater treatment plan or air-pollution-control
facility. The term does not include source-separated recyclable materials.
The Borough of Bellevue.
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 Borough may stipulate specific types
of plastic which may be recycled.
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 any 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, plastic 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 less
than 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 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 Borough 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
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.
B.
Specific program regulations are provided as an attachment this article. The Town Council is empowered to make changes to program regulations as necessary, as described in § 225-10. Subsequent changes in the program regulations may be made through approval of the Town Council and public notice and notification of all affected parties.
C.
This article is ordained pursuant to the Home Rule Charter of the
Borough of Bellevue.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article.
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 their homes, apartments and other residential
establishments, store such materials for collection and shall 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 Borough 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 shall
be responsible for returning the allocated container(s) to the Borough
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)
An owner, landlord or agent of an owner or landlord of a multifamily
rental housing property with four or more 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, 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.
(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 tonnage of materials recycled during the previous year, said report
to be filed with the Director of Administrative Services of the Borough
of Bellevue on or before January 10 of each 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.
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
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 the Borough 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 the
Borough or its authorized agent, occupants of said establishments
shall submit an annual report to the Borough of the tonnage of materials
recycled during the previous year. Said annual report shall be filed
with the Director of Administrative Services of the Borough of Bellevue
on or before January 10 of each year.
All recyclable material 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 § 225-8 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 or one authorized by the Town
Council, 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 for 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 Town Council 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 designated by the
Borough of Bellevue. 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 Director of Administrative
Services of the Borough of Bellevue in writing.
A.
The Director of Administrative Services 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 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 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 $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day that a violation
of this article continues shall constitute a separate offense.[1]
D.
The Borough reserves the right not to collect municipal waste containing
recyclable materials in combination with nonrecyclable materials.
The Borough 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.
The Borough may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 225-10.
These regulations will govern the Borough of Bellevue Recycling Program as empowered by § 225-3 above.
A.
The materials which must be recycled are glass, aluminum, steel and bimetal cans and leaf waste, as each is defined in § 225-2 of this article.
B.
Leaf waste must be deposited at the curbside either loose or in a
biodegradable bag to be collected monthly by the Borough of Bellevue
as the season requires.
C.
Glass, aluminum, steel and bimetal cans must be placed in the container
provided by the Borough and placed for collection at curbside alongside
other garbage or refuse.
D.
Directions as to preparation of recyclables prior to placement for
collection will be provided along with the containers.
E.
Collection of these items shall be biweekly.
B.
The owner, landlord or agent of an owner or landlord of multifamily-housing
properties must provide suitable containers for recyclable materials
at each property at easily accessible locations and written instructions
to the occupants concerning use and availability of the collection
system.
C.
The recyclable materials shall be collected in the same manner and
as often as other refuse or garbage is collected from multifamily-housing
properties.
D.
Owners, landlords and their agents who comply with these regulations
shall not be liable for noncompliance of occupants of their buildings.
E.
Leaf waste must be placed at curbside either loose or in biodegradable
bags to be collected not less than once per month by the Borough,
as the season requires.
A.
The materials which must be recycled by commercial, municipal and institutional establishments and at community activities are high-grade office paper, aluminum, corrugated paper and leaf waste, as those items are defined in § 225-2 above.
B.
Proof that those materials were recycled must be set forth in an
annual report to be filed by the commercial, municipal and institutional
establishments and the organizations in charge of the community activities
with the Director of Administrative Services of the Borough of Bellevue
not later than January 10 of each year.
C.
The recyclables covered by this section must be collected not less
than once per month.
D.
Leaf waste from commercial, municipal and institutional establishments
must be placed at curbside either loose or in biodegradable bags to
be collected not less than once per month, as the season requires.
B.
Leaf waste shall be collected by the Borough and composted at a location
designated by the Borough and shall not be disposed of in a landfill
or resource-recovery facility. Collection thereof shall be established
as the season requires.
C.
Property owners are permitted to compost or otherwise use leaf waste,
