Township of Unity, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Unity as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-11-1990 by Ord. No. O-4-90]
The short title of this article shall be the "Township of Unity Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases, as used throughout this article, shall have the following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[1]
ALUMINUM
Empty all-aluminum beverage or food cans.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
COLLECTOR
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.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes, and those multiple dwelling residential buildings containing more than four dwelling units.
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 municipal 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
Includes, but is 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.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
MUNICIPAL WASTE
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.
MUNICIPALITY
The Township of Unity.
NEWSPAPER
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.
PERSON(S)
Owners, lessees and occupants of residences and commercial, municipal and institutional establishments.
PLASTIC CONTAINERS
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.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments 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, 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 municipality or specified in future revisions to Act 101. The "recyclable materials" selected by the municipality may be revised from time to time as deemed necessary by the municipality.
RECYCLING
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 the creation and recovery of reusable materials.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
WASTE
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.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[Amended 6-24-2008 by Ord. No. O-12-2008]
In accordance with and pursuant to the provisions of the Second Class Township Code[1] and Act 101, Unity Township hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf wastes from all residential, commercial, municipal and institutional establishments located within the Township of Unity for which waste collection is provided by the municipality or by any other collector. Rules and regulations for this recycling program, including the identification of items to be recycled, the imposition of fees thereof, and the submission of reports regarding recycling collections are set forth in Article II of this chapter.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
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 municipality shall separate all of those recyclable materials designated by the municipality from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection, and shall place the 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 on a day each month designated by the municipality or its designated agent. 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 municipality 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) 
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. 
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 the 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 municipality 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 municipality annually indicating that the designated recyclable materials are being recycled in an appropriate manner.
D. 
If recyclable materials are collected by a collector as provided in Subsection C other than the municipality or its authorized agent, occupants of said establishments shall submit an annual report to the municipality reporting the tonnage of materials recycled during the previous year and the name of the collector, who must first be approved by the Township Supervisors.
All recyclable materials placed by persons for collection by the municipality or authorized collector pursuant to this article shall, from the time of placement at the curb, become the property of the municipality or the authorized collector, except as otherwise provided by § 93-8 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.
A. 
The Township of Unity shall implement the provisions of this article by collecting, transporting, processing or marketing source-separated materials or may contract, subject to competitive bidding, with any person to carry out its duties for the recycling, transportation and collection of source-separated materials.
B. 
Any contracting collector shall be jointly and severally responsible with the Township of Unity when carrying out its duties for the transportation, collection or storage of source-separated materials.
C. 
It shall be a violation of this article for any person, firm or corporation, other than the municipality or one authorized by the Unity Township Supervisors or other entity responsible for providing for the collection of recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the municipality or an authorized collector, to collect or cause to be collected said materials unless such person, firm or corporation has been authorized by the Township of Unity 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 Unity Township Supervisors or other entity responsible for authorizing the 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 burning in incinerators is prohibited unless markets do not exist and the collectors or operators have notified the Unity Township Supervisors in writing.
A. 
The Unity Township Supervisors or its designated agent are 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 and second offenses. Thereafter all such violations shall be subject to the penalties hereinafter provided.
C. 
Except as hereinafter provided, any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs of prosecution for each and every offense. Each day of violation shall constitute a separate offense and be chargeable under this article.
D. 
In addition, the Township of Unity may enforce all charges lawfully imposed under this article for the collection, transportation and disposal of separated recyclable materials, as well as for damage to Township containers and equipment supplied to owners, by filing a municipal claim as provided by law. This provision is in addition to the payment of fines and penalties for violation of this article.
The municipality 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 curbsides.
The municipality may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 93-10.
[Adopted 6-24-2008 by Ord. No. O-12-2008[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Rules and Regulations, adopted 11-5-1990 by Res. No. R-15-90, as amended.
Collectors engaged in the hauling of garbage and refuse from residential households in the Township of Unity shall offer as an additional service to the residents of Unity Township the collection of recyclable materials as set forth herein on at least a monthly collection basis.
Collectors engaged in the hauling of recyclable materials as set forth herein shall include the reasonable costs for the collection of recyclable materials as part of the regular monthly charge assessed to residential households in Unity Township.
A. 
All collectors hauling recyclable garbage, refuse and/or recyclable materials from residential households in Unity Township shall, at minimum, accept the following recyclable materials as defined in § 93-2 hereof: aluminum, bimetal containers, clear and colored glass containers, and plastic containers identified as PET No. 1 and HDPE No. 2.
B. 
Nothing herein shall prohibit any individual hauler from accepting additional recyclable materials upon due notice to the Unity Township Board of Supervisors and to the residential customers serviced by said collector.
Unity Township shall provide, at locations to be determined from time to time by the Board of Supervisors, facilities and equipment for the recycling of newspapers, magazines, catalogs and telephone books.
A. 
Each household must recycle those recyclable materials set forth herein. All containers must be cleaned and rinsed prior to placement in the designated recycling container.
B. 
Each household is responsible for placing the recycling container at the end of the driveway or at such designated place on the day which has been specified for the collection of recyclable materials.
C. 
Any material placed in the recycling container other than the type specified shall be cause for rejection and shall not be collected. Furthermore, that household shall be considered to be in noncompliance and subject to the penalties set forth in Article I of this chapter.
D. 
Each household is responsible by law to participate in this mandatory recycling program.
Any collector of residential municipal waste within the Township of Unity shall submit to the municipality a report, annually or on such other time frame as the municipality may determine, identifying the nature and quantity of materials recycled within the municipality.