[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:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[1]
ALUMINUM
All empty aluminum beverage or food cans.
BI-METAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum, and cans commonly referred to as "tin" cans.
BOROUGH
The Borough of Pleasant Hills.
COLLECTOR
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.
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 materials with an inner core shaped in rigid parallel furrows and ridges.
COUNCIL
The Borough Council of the Borough of Pleasant Hills.
FERROUS CONTAINERS
Empty steel or tin coated food or beverage containers.
GLASS 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.
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 not be 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 ESTABLISHMENT
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 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.
NEWSPAPERS
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.
PERSON(S)
Owners, lessees, and occupants of residences and commercial, municipal and institutional establishments, whether individuals, corporations and any other legal entities.
PLASTIC BAGS
Any container used for carrying, storing or disposing of groceries, wearing apparel, other retail/wholesale purchased items and yard waste.
PLASTIC CONTAINERS (HDPE)
Containers used for milk, clothes and dish washing soaps and other cleaning products.
PLASTIC CONTAINERS (PET)
Containers used for soft drinks.
RECYCLABLE MATERIALS
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.
RECYCLING
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.
REFUSE 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.
RESIDENCES
Any occupied single- or multi-family dwellings for which the Borough provides municipal waste collection service.
SCAVENGING
The unauthorized and uncontrolled sorting, removal, reclamation or disturbance of refuse materials placed at the curb for collection.
SECRETARY
The Secretary of the Borough of Pleasant Hills.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
SUPER MIX PAPER
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.
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 PA Department of Environmental Protection for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
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 establishment. The recycling program shall also contain a sustained public information and education program.
B. 
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. 
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. 
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) 
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) 
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) 
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) 
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) 
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. 
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. 
Commercial, municipal and institutional establishments and community activities.
(1) 
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) 
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) 
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] 
Documentation may be in the form of one of the following:
[a] 
Copies of weight receipts or statements which consolidate such information;
[b] 
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] 
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] 
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) 
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) 
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) 
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) 
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) 
A description of all possible waste minimization options, including use and waste reclamation.
(c) 
An evaluation of the economic and technical feasibility of each option and a ranking of each option.
(d) 
An estimate of the pay back period for each feasible option.
(e) 
A statement of which options will be implemented, including an explanation and a timetable.
(f) 
Identification of the individual(s) who will be responsible for implementing the plan.
(5) 
The waste minimization plan should be periodically updated. Implementation of the plan should include:
(a) 
Recycling or composting of materials, to the greatest extent feasible, either privately or through a municipal recycling program.
(b) 
Use, to the greatest extent feasible, of products and materials which are recyclable or made of postconsumer materials.
(c) 
Substitution, to the greatest extent feasible, of durable and reusable products and materials for products that are not durable or reusable.
(d) 
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. 
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. 
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.
B. 
The unauthorized sorting and removal, commonly referred to as "scavenging," of refuse material is prohibited. Scavenging is defined in § 308-2 of this article.
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. 
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) 
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 amount 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 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 as specified in C(1), (2) and (3) and costs of prosecution for each and every offense.
(1) 
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) 
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) 
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) 
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. 
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.