[Adopted 8-19-1991 by Ord. No. 681]
The short title of this article shall be the
"Borough of Pleasant Hills 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 or beverage containers consisting of steel and
aluminum, and cans commonly referred to as "tin" cans.
The Borough of Pleasant Hills.
The entity or entities authorized by the Borough of Pleasant
Hills 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.
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 materials with an inner core shaped in rigid
parallel furrows and ridges.
The Borough Council of the Borough of Pleasant Hills.
Empty steel or tin coated food or beverage containers.
Bottles and jars made of clear, green or brown/amber 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 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 municipality 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 and from community activities and any
sludge not meeting the definition of residual or hazardous waste in
the Solid Waste Management Act 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, colored 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 individuals, corporations
and any other legal entities.
Any container used for carrying, storing or disposing of
groceries, wearing apparel, other retail/wholesale purchased items
and yard waste.
Containers used for milk, clothes and dish washing soaps
and other cleaning products.
Containers used for soft drinks.
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 of use 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 recover of reusable materials.
All materials discarded as useless by any resident of the
Borough of Pleasant Hills and placed at the curb for collection by
the collector authorized by and contracted to the Borough of Pleasant
Hills.
Any occupied single- or multi-family dwellings for which
the Borough provides municipal waste collection service.
The unauthorized and uncontrolled sorting, removal, reclamation
or disturbance of refuse materials placed at the curb for collection.
The Secretary of the Borough of Pleasant Hills.
Those materials separated at the point of origin for the
purpose of being recycled.
An unseparated mix of all recyclable grades and types of
paper items used in offices for which one unit price is offered by
a recycling broker or market.
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 PA Department of Environmental Protection
for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A.Â
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 establishment. The recycling
program shall also contain a sustained public information and education
program.
B.Â
Specific program regulations are provided as an attachment to this article. The Borough Council is empowered to make changes to program regulations as necessary, as described in § 308-10. Subsequent changes in the program regulations may be made through approval of Borough Council and public notice and notification of all affected parties.
C.Â
This article is ordained pursuant to the Borough Code
of the Commonwealth of Pennsylvania.
Disposal by persons of lead acid batteries with
other municipal wastes is prohibited and shall be a violation of this
article.
A.Â
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)Â
Residents must separate recyclable materials from
other refuse. Recyclable materials shall be placed at the curbside
in containers provided by the Borough for collection. Recycled materials
shall not be placed at the curb any earlier than the time permitted
for trash to be placed. Any containers provided to residents for collection
of recyclable materials shall be the property of the Borough and shall
be used only for the collection of recyclable materials.
[Amended 4-16-2001 by Ord. No. 792; 3-21-2011 by Ord. No. 935]
(a)Â
Whenever any property is sold in the Borough,
the seller and buyer must both sign the "Recycling Container Affirmation"
form, as may be amended from time to time, and return the form to
the Borough with the application for the lien letter. A lien letter
shall not be issued until the signed form is submitted to the Borough.
The containers must be left at the dwelling for the buyer's use. If
the containers are lost, damaged, stolen or not available to the buyer
for any reason, the seller is responsible to contact the Borough to
obtain a replacement at the time the form is signed. The owner of
the property (seller) is responsible for the cost of the replacement
up until the time of the closing on the property and the delivery
of the deed to the buyer. Once the property is sold, the buyer (new
owner) is responsible for the bin and any replacement cost. 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.
(b)Â
Missing or damaged containers must be replaced at the resident's
cost, and the fee for such cost shall be defined by the Fee Resolution
of the Borough of Pleasant Hills, which may be amended from time to
time.
(2)Â
An owner, landlord, manager or agent of any owner,
landlord or manager of a multifamily housing property with more than
four units, not serviced by the Borough program, 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, managers and agents of owners, landlords or managers who
comply with this article shall not be liable for noncompliance of
occupants of their buildings.
(a)Â
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. This requirement may be fulfilled by submission of
a letter or form from the collector which certifies that recyclable
materials are being collected from the multifamily housing property.
B.Â
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.Â
Commercial, municipal and institutional establishments
and community activities.
(1)Â
Persons must separate aluminum, leaf waste, clear
green and brown/amber glass, bi-metal containers, PET plastic containers,
HDPE plastic containers, 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
by:
(a)Â
Providing for the recycling of high-grade office
paper, aluminum, corrugated paper, leaf waste, clear, green and brown/amber
glass and other materials deemed appropriate by the Borough.
(b)Â
Submitting, at a minimum, an annual recycling
report to the Secretary of the Borough. The report shall document
the amount of municipal 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 an end-use,
recycler, or waste hauler which describes the type and weight of each
recyclable material that was collected and marketed.
[1]Â
Documentation may be in the form of one of the
following:
[a]Â
Copies of weight receipts or statements which
consolidate such information;
[b]Â
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
[c]Â
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.
[2]Â
The type and weight of recyclables generated
by an individual establishment may be approximated based on a representative
sample of its waste. For Subsections C(1)(b)[1][b] and [c] where recyclables
from several establishments are collected in the same vehicle, any
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.
(2)Â
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 reporting
the type and weight of materials recycled during the previous calendar
year. This requirement may be fulfilled by submission of a letter
or form from the collector which certifies that recyclable materials
are being collected from the establishment.
(3)Â
All employees, users (patrons), and residents of commercial,
municipal and institutional establishments must be informed of the
recycling program. The education program should describe the program's
features and requirements, and should include at a minimum an annual
program meeting and an orientation to the program upon the arrival
of a new employee or resident. Receptacles should be clearly marked
with the recycling symbol and the type of recyclable material that
is to be placed in the receptacle, and signs should be prominently
displayed stating the requirements of the program.
(4)Â
Commercial, municipal and institutional establishments
which generate more than 2,200 pounds of municipal waste per month
should also implement a waste minimization opportunity assessment
which includes:
(a)Â
Waste characterization, including source, generation
rate, management techniques, and management costs. The assessment
should expressly consider high-grade office paper, aluminum, corrugated
paper, black and white newsprint, leaf waste, clear, green and brown/amber
glass and other materials generated in significant quantities.
(b)Â
A description of all possible waste minimization
options, including use and waste reclamation.
(c)Â
An evaluation of the economic and technical
feasibility of each option and a ranking of each option.
(d)Â
An estimate of the pay back period for each
feasible option.
(e)Â
A statement of which options will be implemented,
including an explanation and a timetable.
(f)Â
Identification of the individual(s) who will
be responsible for implementing the plan.
(5)Â
The waste minimization plan should be periodically
updated. Implementation of the plan should include:
(a)Â
Recycling or composting of materials, to the
greatest extent feasible, either privately or through a municipal
recycling program.
(b)Â
Use, to the greatest extent feasible, of products
and materials which are recyclable or made of postconsumer materials.
(c)Â
Substitution, to the greatest extent feasible,
of durable and reusable products and materials for products that are
not durable or reusable.
(d)Â
Appropriate education materials and signs should
be made available to employees or the public to encourage the use
of products that are durable or reusable.
D.Â
All recycling collection activity shall be conducted
from Monday through Friday between the hours of 6:00 a.m. and 5:00
p.m. or on Saturdays between the hours of 6:00 a.m. and 5:00 p.m.,
unless prior approval of any exception has been granted by the Borough.
No collection, hauling or transporting of recyclables shall be permitted
on Sunday.
All recyclable materials 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 § 308-8 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.Â
It shall be a violation of this article for any person,
firm or corporation, other than the Borough or one authorized by the
Borough or other entity responsible for providing for collection of
recyclable materials, to collect or scavenge 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 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 Borough or other entity responsible for
authorizing 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 to be burned in incinerators
is prohibited unless markets do not exist and the collectors or operators
have notified the Secretary in writing.
A.Â
The Borough Council or Council's designee 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)Â
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)Â
Establishing collection procedures for recyclable
materials.
(3)Â
Establishing reporting procedures for amount of materials
recycled.
(4)Â
Establishing procedures for the distribution, monitoring
and collection of recyclable containers.
(5)Â
Establishing procedures and rules for the collection
of leaf waste.
B.Â
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 offense. Thereafter all
such violations shall be subject to the penalties hereinafter provided.
C.Â
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
as specified in C(1), (2) and (3) and costs of prosecution for each
and every offense.
(1)Â
Summary offense. Any person, other than a municipal
official exercising his official duties, who violates any provision
of this article, any regulation promulgated hereunder, any order issued
hereunder or the terms or conditions of any approved municipal waste
management plan shall, upon conviction thereof in a summary proceeding,
be sentenced to pay a fine of not less than $100 and not more than
$1,000.
(2)Â
Misdemeanor offense. Any person, other than a municipal
official exercising his official duties, who violates any provision
of this article, any regulation promulgated hereunder, any order issued
hereunder or the terms or conditions of any approved municipal waste
management plan commits a misdemeanor of the third degree and shall,
upon conviction, be sentenced to pay a fine of not less than $1,000
but not more than $10,000 per day for each violation.
(3)Â
Second or subsequent offense. Any person, other than
a municipal official exercising his official duties, who, within two
years after a conviction of a misdemeanor for any violation of this
article, violates any provision of this article, any regulation promulgated
hereunder, any order issued hereunder or the terms or conditions of
any approved municipal waste management plan commits a misdemeanor
of the second degree and shall, upon conviction, be sentenced to pay
a fine of not less than $2,500 nor more than $25,000 for each violation.
(4)Â
Violations to be separate offense. Each violation for each separate day and each violation of any provision of this article, any regulation promulgated hereunder, any order issued hereunder or the terms or conditions of any approved municipal waste management plan shall constitute a separate offense under Subsections C(1), (2) and (3).
D.Â
The Borough reserves the right not to collect municipal
waste containing recyclable materials in combination with nonrecyclable
materials or not to collect municipal waste from any residence not
being registered as having obtained a Borough recycling container.
The Borough 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.
The Borough may, from time to time, modify, add to or delete from the standards and regulations herein and as authorized in § 308-10.
