[HISTORY: Adopted by the Council of Latrobe 7-9-1990 as Ord. No. 1990-6 (Ch. XX, Part 2, of the 1981 Code). Amendments noted where applicable.]
The short title of this chapter shall be the
"Latrobe Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout
this chapter shall have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by Latrobe to collect recyclable
materials from residences or authorized by commercial, municipal and
institutional establishments that do not receive collection services
from Latrobe 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.
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.
Empty steel- or tin-coated food or beverage containers.
A person who is an owner of or has the right of possession
to real property upon which recyclable materials are used or located
and who shall be responsible for complying with the provisions of
this chapter and the rules and regulations established thereunder.
Bottles and jars made of clear 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, but not including
garden residues, chopped shrubbery, tree trimmings and 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 two or more dwelling units per structure.
Public facilities operated by Latrobe and other governmental
and quasi-governmental authorities.
Latrobe.
Any garbage, refuse, industrial lunchroom 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[2] 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.
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, whether natural, corporate
or otherwise.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastic, the municipality may stipulate specific
types of plastic which may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by Latrobe 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 Latrobe or specified in future revisions
to Act 101. The "recyclable materials" selected by Latrobe may be
revised from time to time as deemed necessary by Latrobe.
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 for which Latrobe
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
Resources for beneficial use.
A.
Latrobe 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
Latrobe for which waste collection is provided by Latrobe or any other
collector. Collection of the recyclable materials shall be available
as often as determined necessary by Latrobe or the Public Works Department,
its designated agent or any other solid waste collectors operating
in Latrobe and authorized to collect recyclable materials from residences
or from commercial, municipal and institutional establishments. The
frequency of leaf waste collection shall be as determined by the City
or the Public Works Department. Notice of such shall be provided by
the City or the Public Works Department to all residents of the City
of Latrobe. The recycling program shall also contain a sustained public
information and education program.
[Amended 6-11-2018 by Ord. No. 2018-6]
B.
Specific program rules and regulations are provided
as an attachment to this chapter.[1] The Director of Administration and Finance is empowered to make changes to program rules and regulations as necessary, as described in § 305-9. Subsequent changes in the program rules and regulations which directly affect obligations of generators must be approved by resolution of the Council of Latrobe with public notice to all affected parties.
A.
All persons who are residents of Latrobe shall separate
all of those recyclable materials designated by Latrobe from municipal
waste produced at their homes, apartments and other residential establishments,
shall store such materials for collection and shall place the same
for collection in accordance with the rules and regulations established
hereunder.
(1)
Persons in residences must separate recyclable materials
from municipal waste. Recyclable materials shall be placed at the
curbside in approved containers provided by Latrobe for collection.
Any containers provided to residences for collection of recyclable
materials shall be the property of Latrobe and shall be used only
for the collection of recyclable materials. Any resident who moves
within or from Latrobe shall be responsible for returning the allocated
container(s) to Latrobe 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 chapter.
(2)
An owner, landlord or agent of an owner or landlord
of a multifamily rental housing property may comply with its recycling
responsibilities by establishing a collection system at each property.
The collection system must include approved containers for collection
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 chapter shall
not be liable for noncompliance of occupants of their buildings.
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 Latrobe 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 Latrobe 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 Latrobe or its authorized agent, occupants of said establishments
shall submit an annual report to Latrobe reporting the tonnage of
materials recycled during the previous year.
All recyclable materials placed by persons for collection by Latrobe or authorized collector pursuant to this chapter shall, from time of placement at the curb, become the property of Latrobe or the authorized collector, except as otherwise provided by § 305-7 of this chapter. Nothing in this chapter shall be deemed to impair the ownership of separated recycled materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this chapter for
any person, firm or corporation other than Latrobe or one authorized
by the Council of Latrobe or other entity responsible for providing
for collection of recyclable materials placed by residences or commercial,
municipal and institutional establishments for collection by Latrobe
or an authorized collector to collect, pick up or cause to be collected
or picked up any recyclables, 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 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 Council of Latrobe or other entity responsible
for authorizing collection of recyclable materials to make such a
collection.
Disposal by persons of recyclable materials
with municipal waste is prohibited and shall be a violation of this
chapter. The collected recycled 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.
A.
The Director of Administration and Finance is hereby
authorized and directed to make reasonable rules and regulations for
the operation and enforcement of this chapter 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 chapter 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 chapter
shall, upon conviction, be sentenced to pay a fine of not more than
$600 and costs of prosecution for each and every offense and, in default
of payment of such fine and costs, to a period of imprisonment not
exceeding 30 days.[1]
D.
In addition, Latrobe reserves the right to collect
municipal waste containing recyclable materials, separate the same
and bill the generator for the cost of separation.
Latrobe 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.
Latrobe may, from time to time, modify, add to or remove from the rules and regulations herein and as authorized in § 305-9.
The following Rules and Regulations are established
under this chapter (Ordinance No. 1990-6, entitled "Excluding Certain
Recyclable Materials from Municipal Waste, Establishing a Recyclable
Material Resource Recovery Program and Fixing Penalties for the Violation
Thereof"). These rules and regulations, which are attached to and
are a part of this chapter, may be amended from time to time by resolution
of the Council of Latrobe. The rules and regulations are as follows:
A.
Establishing recyclable materials for separation by
residences, commercial, municipal and institutional establishments.
(1)
Residences. All residential generators shall be required
to separate from municipal waste all newspaper, aluminum, steel and
bimetallic containers and clear glass. In addition, all residential
generators shall also be required to separate from municipal waste
all leaf waste.
(2)
Commercial, municipal and institutional establishments.
All commercial, municipal and institutional generators shall be required
to separate from municipal waste all corrugated paper, high-grade
office paper and aluminum containers. These generators shall also
be required to separate all leaf waste.
(3)
Community activities attended by 200 or more individuals
per day. The organizers of community activities (who are deemed to
be generators) shall be required to separate corrugated paper, high-grade
office paper and aluminum containers.
B.
Establishing collection procedures for recyclable
materials. Residences and commercial, municipal and institutional
establishments and community activities shall be required to follow
the collection procedures set forth below:
(1)
Residences.
(a)
Residential generators shall be required to
store all aluminum containers, steel and bimetallic containers, clear
glass and newspapers in containers approved by and provided to the
generator by Latrobe. The containers shall be placed at the normal
place for collection for municipal waste on the normal collection
day by each generator. Each generator is encouraged not to place the
recyclable material container for collection until it is full.
(b)
Leaf waste shall be collected and grouped along the curb of
the street near the location of the normal place of collection for
municipal waste. The dates, times, and manner of collection of the
leaf waste shall be as set forth by the City or the Public Works Department
pursuant to their rules, which shall be communicated to the public
at large by the City or the Public Works Department. The City or the
Public Works Department shall be permitted to authorize the leaf waste
to be collected in biodegradable bags and placed at curbside, in loose
leaf form piled at the curb, or any other means deemed appropriate
by the City or the Public Works Department.
[Amended 6-11-2018 by Ord. No. 2018-6]
(2)
Commercial, municipal and institutional establishments.
(a)
Collection procedures for generators falling
under this classification shall be determined by Latrobe on an individual
basis upon consultation with each generator. Both frequency of collection
and manner of collection shall be determined on a case-by-case basis.
Recyclables must, however, be placed in containers approved by Latrobe.
(b)
Leaf waste shall be collected and grouped along the curb of
the street near the location of the normal place of collection for
municipal waste. The dates, times, and manner of collection of the
leaf waste shall be as set forth by the Public Works Department pursuant
to their rules, which shall be communicated to the public at large
by the Public Works Department. The Public Works Department shall
be permitted to authorize the leaf waste to be collected in biodegradable
bags and placed at curbside, in loose leaf form piled at the curb,
or any other means deemed appropriate by the Public Works Department.
[Amended 6-11-2018 by Ord. No. 2018-6]
(3)
Community activities. Collection procedures for generators
falling under this classification shall be determined by Latrobe on
an individual basis upon consultation with each generator. Both frequency
of collection and manner of collection shall be determined on a case-by-case
basis. Recyclables must, however, be placed in containers approved
by Latrobe.
C.
Establishing procedures for the distribution, monitoring
and collection of recyclable containers.
(1)
Residential. No fewer than one approved container
shall be provided by Latrobe to each residential property. The cost
of providing and distributing containers, if any, shall be made by
subsequent amendment to these rules and regulations, with proper notice
to be given.
(2)
Commercial, municipal and institutional establishments.
No fewer than one approved container shall be provided by Latrobe
to each commercial, municipal and institutional establishment. The
cost of providing and distributing containers, if any, shall be made
by subsequent amendment to these rules and regulations, with proper
notice to be given.
(3)
Community activities. No fewer than one approved container
shall be provided by Latrobe to each organizer of a community activity.
The cost of providing and distributing containers, if any, shall be
made by subsequent amendment to these rules and regulations, with
proper notice to be given.
D.
Cost of maintenance of program. It is the intent of
Latrobe to minimize the cost of collection of recyclable materials
to all generators. Charges, if any, to generators of recyclable materials
will be determined by an ongoing review of the cost of this program
to Latrobe. The assessment of any cost to a generator and the amount
will be determined by subsequent amendment to these rules and regulations,
with proper notice to be given. Latrobe reserves the right to determine
and apportion cost on a different basis between each classification
of generators, depending upon volume, frequency and manner of collection.
E.
Establishing reporting procedures. Reporting of the
collection of recyclable materials by collectors other than Latrobe
shall be made to Latrobe at such frequency and in such form and manner
as hereinafter determined by Latrobe and any applicable federal, state
or local law, rule or regulation.
F.
Additional rules and regulations.
(1)
The Director of Administration and Finance shall be
responsible for developing and implementing additional rules and regulations
for the day-to-day operation of the recycling program as may become
necessary. Any additional rule or regulation not set forth herein
which shall create an obligation or duty upon any affected generator
shall be implemented by resolution of the Council of Latrobe with
notice provided which shall be no less than public notice advertised
one time in a newspaper of general circulation within Latrobe.
(2)
These rules and regulations are hereby enacted by
adoption of this chapter, to which they are attached and incorporated
therein, this ninth day of July 1990.
