[Ord. 602, 8/6/1990, § 1]
The short title of this Part shall be "the Township of Elizabeth Recycling Ordinance," and the same may be cited in that manner.
[Ord. 602, 8/6/1990, § 2; as amended by Ord. 868, 1/4/2010]
The following words and phrases used throughout this Part shall have the following meanings:
- Empty all-aluminum beverage or food cans.
- BI-METAL CONTAINERS
- Empty food or beverage containers consisting of steel and aluminum.
- The entity or entities authorized by the Township to collect recyclable materials from residences, or authorized by commercial, Township and institutional establishments that do not receive collection services from the Township to collect recyclable materials from those properties.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial or industrial purposes.
- 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.
- GLASS 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.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper and computer paper used in commercial, institutional and Township establishments and in residences.
- INSTITUTIONAL ESTABLISHMENTS
- 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
- Include but are not limited to automotive, truck and industrial batteries that contain lead.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including 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 four or more dwelling units per structure.
- Paper of the type commonly referred to as newspaper 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 a color other than black and white often included with newspapers.
- Owners, lessees, and occupants of residences and commercial, Township and institutional establishments.
- 1. Plastic materials that are:
- A. Number 1 plastics, such as soda and water bottles, medicine containers and many other common consumer product containers made of polyethylene terephthalate (PETE).
- B. Number 2 plastics, such as laundry detergent and bleach containers as well as milk, shampoo and motor oil containers made of high-density polyethylene plastics.
- 2. Plastics are being incorporated with the plastic type number located in a recycling symbol located on the bottom of the container. We accept No. 1 and No. 2 types.
- RECYCLABLE MATERIALS
- Materials generated by residences and commercial, Township and institutional establishments which are specified by the Township and can be separated from Township 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 bi-metallic cans, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics, and any other items selected by the Township or specified in future revisions to Act 101. The recyclable materials selected by the Township may be revised from time to time as deemed necessary by the Township.
- 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 Township waste or the mechanized separation and treatment of Township waste (other than through combustion) and creation and recovery of reusable materials.
- Any occupied single-family or multifamily dwellings, having up to four dwelling units per structure, for which the Township provides waste collection service.
- The Township of Elizabeth.
- TOWNSHIP ESTABLISHMENT
- Public facilities operated by the Township and other governmental and quasi-governmental authorities.
- TOWNSHIP WASTE
- Any garbage, refuse, industrial lunchroom or other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, Township, 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 from a Township, commercial or institutional water supply treatment plant, wastewater treatment plan or air-pollution control facility. The term does not include source-separated recyclable materials.
- A material whose original purpose has been completed and which is directed to a disposal or processing facility or so otherwise disposed. The term does not include source-separated recyclable materials or materials approved by the Pennsylvania Department of Environmental Resources for beneficial use.
[Ord. 602, 8/6/1990, § 3]
The Township hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from the residences and all commercial, Township and institutional establishments located in the Township 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 Township, its designated agent, or any other solid waste collectors operating in the Township and authorized to collect recyclable materials from residences or from commercial, Township and institutional establishments. The recycling program shall also contain a sustained public information and education program. Specific program regulations are provided in Part 3B of this Chapter. The Board of Commissioners is empowered to make changes to program regulations as necessary, as described in § 310. Subsequent changes in the program regulations may be made through approval of the Board of Commissioners and public notice and notification of all affected parties.
[Ord. 602, 8/6/1990, § 4]
Disposal by persons of lead-acid batteries with other Township wastes is prohibited and shall be a violation of this Part.
[Ord. 602, 8/6/1990, § 5]
All persons who are residents of the Township shall separate all of those recyclable materials designated by the Township from all other Township waste produced at their homes, apartments and other residential establishments, shall store such materials for collection, and shall place same for collection in accordance with the guidelines established hereunder.
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the Township for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the Township 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 Township 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 Part.
An owner, landlord, manager, or agent of an owner or landlord or manager of a multifamily 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 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, managers, and agents of owners or landlords and managers, who comply with this Part, shall not be liable for noncompliance of occupants of their buildings.
All persons must separate leaf waste from other Township waste generated at their houses, apartments, and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste.
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Township generated at commercial, Township and institutional establishments and from community activities and store the recyclable materials until collection.
A person may be exempted from this subsection by:
Providing for the recycling of high-grade office paper, aluminum, corrugated paper, leaf waste and other materials deemed appropriate by the Township.
Submitting, at a minimum, an annual recycling report to the Board of Commissioners of the Township. The report shall document the amount of Township waste generated per year as well as the type and weight of materials that were recycled in the previous calendar year. Valid documentation shall include information from any end-use, recycler, or waste hauler which describes the type and weight of each recyclable material that was collected and marketed. Documentation may be in the form of one of the following:
Copies of weight receipts or statements which consolidate such information;
A report from the provider of recycling collection services which identifies the amount of each material collected and marketed. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its source-separated materials; or
A report from the provider of waste collection services that identifies the type and weight of each recyclable material collected and marketed in cases where recyclables are commingled with the establishment's waste. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its waste. For Subsection 3A(2)(b) and (c) where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.
[Ord. 602, 8/6/1990, § 6]
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this Part shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by § 308 of this Part. Nothing in this Part 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.
[Ord. 602, 8/6/1990, § 7]
It shall be a violation of this Part for any person, firm or corporation, other than the Township or one authorized by the Board of Commissioners, to collect recyclable materials placed by residences or commercial, Township 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, Township and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. 602, 8/6/1990, § 8]
Any residence or commercial, Township 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, Township or institutional establishment without prior written permission from the Board of Commissioners or other entity responsible for authorizing collection of recyclable materials to make such a collection.
[Ord. 602, 8/6/1990, § 9]
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this Part. 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 Township in writing.
[Ord. 602, 8/6/1990, § 10]
The Township is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this Part as deemed necessary, including but not limited to:
Establishing recyclable materials to be separated for collection and recycling by residences and additional recyclable materials to be separated by commercial, Township and institutional establishments.
Establishing collection procedures for recyclable materials.
Establishing reporting procedures for amounts of materials recycled.
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
Establishing procedures and rules for the collection of leaf waste.
Any person, firm or corporation who shall violate the provisions of this Part shall receive an official written warning of noncompliance for the first and second offenses. Thereafter all such violations shall be subject to the penalties hereinafter provided.
Except as hereinafter provided, any person, firm or corporation who shall violate any of the provisions of this Part shall, upon the first conviction, be sentenced to pay a fine of not less than $100 plus costs of prosecution; upon conviction of a second offense, the fine shall be $300 plus costs of prosecution; upon conviction of a subsequent offense, the fine shall be $1,000.
The Township reserves the right not to collect Township waste containing recyclable materials in combination with nonrecyclable materials.
[Ord. 602, 8/6/1990, § 11]
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.
[Ord. 602, 8/6/1990, § 13]
The Township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 310.
[Ord. 602, 8/6/1990]
The following materials and leaf waste are designated for the recycling program: clear glass, colored glass, aluminum, tin and bi-metal cans. Materials will be commingled in one container provided by the Township and placed at curbside. The Township of Elizabeth will provide biweekly collection on designated scheduled days.
Materials will be prepared in the following manner:
[Ord. 602, 8/6/1990]
The following materials and leaf waste are designated for the recycling program: clear glass, colored glass, aluminum, tin and bi-metal cans.
In those multifamily housing properties where the Township regularly picks up household waste, the Township of Elizabeth will provide biweekly collection on designated schedule days. Materials will be properly prepared for pickup as stated above. Items will be commingled in one container provided by the Township and placed at curbside and/or disposed of in designated dropoff containers on site.
An owner, landlord or agent of an owner or landlord of multifamily housing properties shall comply with the requirements of Act 101 by establishing a collection system for recyclable materials at each property. The collection system must include suitable containers for collecting and sorting the materials, easily accessible locations for the containers, and written instructions to the occupants concerning use and availability of the collection system. Owners, landlords and their agents who comply with this section shall not be liable for the noncompliance of occupants or their buildings.
[Ord. 602, 8/6/1990]
Commercial, Township and institutional establishments must develop a system for separating the following materials from wastes and storing them until collected by their designated agency/firm: high-grade office paper, corrugated paper, aluminum, leaf waste, and clear glass (if establishment generates).
The Township of Elizabeth requires that all establishments complete reporting forms supplied by the Township on an annual basis in order to enable the Township to prepare state-mandated recycling reports to Allegheny County. An outline of the information needed will be supplied to establishments with the forms. The penalty for violation of any of the provisions of the Township Recycling Ordinance shall, upon conviction, result in a fine of not less than $100 plus costs of prosecution; upon conviction of a second offense, the fine shall be $300 plus costs of prosecution. Upon conviction of a subsequent offense, the fine shall be $1,000.
[Ord. 602, 8/6/1990]
Leaf waste cannot be disposed of in a landfill or resource-recovery facility and must be composted. Collection shall be scheduled as appropriate. Elizabeth Township will collect leaf waste during October, November and December or may schedule collection in the Spring. Property owners are permitted to compost or otherwise use leaf waste.
[Ord. 602, 8/6/1990]
Group for Recycling in PA. (GRIP) will handle the educational program for Elizabeth Township and will assist in notification to residents and establishments at least 30 days before the initiation of the recycling program and at least once every six months thereafter. Town meetings will be arranged; assistance in meeting with citizens committee and special events consulting will be available. Elizabeth Township will place ads in the newspaper and distribute brochures, informing the public. The public education program will include the requirements of this Part and the incentives and penalties set forth in the Part.
[Ord. 602, 8/6/1990]
Changes to the recycling program regulations may be instituted by adoption of a formal Township resolution without the necessity of ordinance amendment.