Township of Robinson, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Robinson as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 118.
Littering — See Ch. 167.
Mobile home parks — See Ch. 172.
Property maintenance — See Ch. 199.
Zoning — See Ch. 300.
[Adopted 5-14-1990 by Ord. No. 5-1990 (Ch. 20, Part 1, of the 1989 Code)]

§ 234-1 Short title.

This article shall be known and referred to as the "Solid Waste Ordinance."

§ 234-2 Definitions.

A. 
The following words and phrases, as used in this article, shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (SB528, Act 1988-201, July 1988).[2]
BULKY WASTE
Large items of solid waste, including but not limited to appliances, furniture, large auto parts, trees, branches or stumps, which may require special handling due to their size, shape or weight.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CONSTRUCTION AND DEMOLITION WASTE
Solid waste resulting from the construction or demolition of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term does not include the following if they are separated from other waste and are used as clean fill:
(1) 
Uncontaminated soil, rock, stone, gravel, unused brick and block and concrete.
(2) 
Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative materials.
DISPOSAL
The deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste comprised of garbage and rubbish which normally originates in the residential private household or apartment house.
GARBAGE
Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisance as odors, gases or vectors.
HAULER or PRIVATE COLLECTOR
Any person, firm, copartnership, association or corporation who has been licensed by the Township or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
MUNICIPALITY
The Township of Robinson, Allegheny County, Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, Township, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residential or hazardous waste under Act 97 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.
OCCUPIED DWELLING
A permanent building or fixed mobile home that is currently being used on a regular or temporary basis for human habitation.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency, or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal or residential waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, and resource-recovery facilities.
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 mechanical separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than as fuel for the operation of energy.
RECYCLING FACILITY
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource-recovery facilities.
REFUSE
All solid waste materials which are discharged as useless.
RESIDUAL WASTE
Any garbage, refuse other discharged material or other waste, including solid, liquid, semisolid, or contained gaseous materials, resulting from industrial, mining or agricultural water supply treatment, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act.[3] Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 11, 1937 (P.L. 1987, No. 394) known as the Clean Streams Law.[4]
RESOURCE-RECOVERY FACILITY
A processing facility that provides for the extraction and utilization of materials or energy from Township waste that is generated off site, including, but not limited to, a facility that mechanically extracts materials from Township waste, a combustion facility that converts the organic fraction of Township waste to usable energy, and any chemical and biological process that converts Township waste into a fuel product.
RUBBISH
All nonputrescible Township waste except garbage and other decomposable matter. This category includes, but is not limited to, ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SEWAGE, TREATMENT RESIDUES
Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. The presumption can be overcome by clear and convincing evidence to the contrary.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: See 52 P. S. § 30.51 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 234-3 Prohibited activities.

A. 
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Township any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provisions of this article and any rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania.
B. 
It shall be unlawful for any person to dispose of any solid waste in the Township except in accordance with the provisions of this article and any rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania.
C. 
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the Township without first securing a license to do so in accordance with the provisions of this article.
D. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Township.
E. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Township except at an approved and permitted resource-recovery facility under any rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania.
F. 
It shall be unlawful for any person to throw, place or deposit or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the Township except as provided by this article.

§ 234-4 Standards for storage of solid waste.

A. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B. 
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections. All waste materials shall be placed and stored in approved containers.
C. 
Any person storing municipal waste for collection shall comply with the following preparation standards:
(1) 
All municipal waste shall be drained of free liquids before being placed in storage containers.
(2) 
All garbage shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
(3) 
Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, not more than two feet in diameter, and not more than 40 pounds in weight.
(4) 
Newspapers and magazines shall be placed in approved containers or shall be secured into bundles of not more than 40 pounds in weight.
(5) 
When specified by the Township or its designated representative, special preparation and storage procedures may be required to facilitate the collection and recycling of certain recyclable materials.
D. 
Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
(1) 
Reusable containers shall be constructed of durable, watertight, rust- and corrosion-resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insectproof, and rodentproof.
(2) 
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
(3) 
Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons. All reusable containers purchased prior to July 1, 1990, up to 90 gallons, will continue to be acceptable.
(4) 
Disposable plastic bags are acceptable containers, provided the bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of not more than 40 gallons and a loaded weight of not more than 40 pounds.
E. 
Any person storing Township waste for collection shall comply with the following storage standards:
(1) 
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
(2) 
Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected as often as necessary to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.
(3) 
Containers shall be used and maintained so as to prevent public nuisances.
(4) 
Containers that do not conform to the standards of this article, or which have sharp edges, ragged edges, or any other defect that may hamper or injure collection personnel, shall be promptly replaced by the owner upon notice from the Township or its designated representative.
(5) 
Containers shall be placed by the owner or customer at a collection point specified by the Township or its designated representative.
(6) 
With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner's or customer's premises at all times.
(7) 
Bulk waste items such as furniture, automobile parts, machinery, appliances and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
F. 
The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler, and are subject to approval by the Township.

§ 234-5 Standards and regulations for collections.

[Amended 4-13-1992 by Ord. No. 5-1992; 9-10-2001 by Ord. No. 17-2001]
A. 
The Township shall provide for the collection of all garbage, rubbish and bulky wastes from individual owner-occupied residences or condominium units and rental multifamily residential sources with less than four units, or it may contract with a private collector or collectors to provide residential solid waste collection service. Collection shall not be provided for construction and demolition waste.
B. 
All households shall utilize the residential collection service provided by the Township.
C. 
All multifamily residential sources with more than four rental units, commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the Township's collector or any other properly licensed waste hauler of their choice.
D. 
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The Township reserves the right to require more frequent collection when deemed necessary.
E. 
Residential collection schedules shall be published regularly by the Township or its contracted hauler.
F. 
All solid waste collection activity shall be conducted from Monday through Saturday between the hours of 6:00 a.m. and 10:00 p.m., unless prior written approval has been granted by the Township. No collecting, hauling or transporting of solid waste shall be permitted on Sunday.
G. 
All licensed haulers and haulers under contract with the Township shall comply with the following standards:
(1) 
All municipal waste collected within the Township shall ultimately be disposed of only in a landfill cited in the Allegheny County Solid Waste Plan, 1990, or in subsequent revisions thereof.
(2) 
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97 and Act 101 and any regulations adopted pursuant to Act 97 and Act 101, including the Title 25, Chapter 285, Subchapter B, "Regulations for the Collection and Transportation of Municipal Waste."
(3) 
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
(4) 
Collection vehicles for rubbish shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
(5) 
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
(6) 
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.

§ 234-6 Collection and disposal charges.

A. 
From and after July 1, 1990, an annual fee or charge on a fiscal year is hereby made and imposed upon each household dwelling for the collection and disposal of solid waste, which charge shall be in accordance with the agreement between the Township and the contracted hauler.
B. 
The owner of each household dwelling and the occupant of said dwelling shall be jointly and severally liable for the payment of the annual charge not later than the due date shown on the face of the invoice rendered by the Township.
C. 
Any charge paid on or before August 31 of each year shall be deemed paid during the discount period and the owner shall be entitled to a ten-percent discount on said charge. Any charge paid on or before October 31 of each year shall be deemed paid during the discount period and the owner shall be entitled to a five-percent discount on said charge. All payments shall be due and payable by December 31 of any year in order to avoid imposition of a penalty for late payment.
D. 
Any charge not paid on or before December 31 of any year shall bear interest and penalty at the rate of 2% per month on the amount of such unpaid charge for each month or fraction thereof during which such charge remains unpaid, and said penalty and interest for late payment shall be added and collected as provided in this article.
E. 
An account shall be deemed to be delinquent if a charge levied under this article remains unpaid as of December 31 of a given year. The proper officers of the Township hereby are empowered at their discretion to enforce the collection of any delinquent charge and penalty by action of assumpsit, by liens filed in the nature of a municipal lien or by any other action or proceeding which is lawful or may become lawful to enforce the collection of this charge.
F. 
The administration of the charge imposed by this article is vested in the office of the Township Manager and Tax Collector, who are authorized and empowered to make reasonable rules and regulations for its administration.
G. 
The proper officers of the Township hereby are authorized to make and enter into a contract with such person or corporation and on such terms and conditions as shall be in the best interests of the Township and in form approved by the Solicitor for collection of the annual service charges hereinabove provided for. Such contract shall be entered into in accordance with the provisions of law, and the proper officers of the Township hereby are authorized and directed to sign, acknowledge and deliver any and all documents necessary to effectuate the provisions of this section.

§ 234-7 Licensing requirements.

A. 
No person shall collect, remove, haul or transport any solid waste upon or through any streets or alleys of the Township without first obtaining a license from the Township or its designated representative.
B. 
Any person who desires to collect, haul, transport or dispose of any solid waste within the Township shall submit a license application and an application fee of $100 to the Township. A minimum period of 30 days shall be allowed for the Township to review the application and take approval or denial action. The Township shall waive the application for the hauler under contract to the Township to collect residential waste. This exemption applies only to the residential service provided for under the contract with the Township.
C. 
The license application shall set forth the applicant's qualifications and include the following information at a minimum:
(1) 
Name and mailing address.
(2) 
Contract person and telephone number.
(3) 
List of available equipment and manpower.
(4) 
Type of wastes to be collected.
(5) 
Manner or method of collection.
(6) 
Frequency of collection.
(7) 
Point of collection.
(8) 
Proposed place and method of disposal for each type of waste.
(9) 
A certificate of insurance identifying the type and amounts of coverage carried by the applicant.
D. 
Prior to issuing a license, the Township may require an applicant to submit a certificate of insurance as evidence of insurance coverage for the minimum amounts specified by the Township.
E. 
All licenses shall be issued for a period of one calendar year and shall be nontransferable.
F. 
An existing licensee shall submit a new license application and license fee to the Township at least 30 days prior to the expiration of the license, if license renewal is desired. If the licensee continues to satisfy the requirements for a license, the license shall be renewed. The Township reserves the right to deny a license renewal if the licensee is in violation of the provisions in this article.
G. 
Any misrepresentation or falsification on a license application may be grounds for rejection of an application or immediate revocation of a license which has already been issued.
H. 
Licensed haulers shall be responsible for maintaining current lists of customers' services and records of the amounts and types of waste collected within the Township. Such records and customer lists shall be available for inspection and be provided to the Township or its designated representatives upon request.

§ 234-8 Enforcement.

A. 
In the event that a licensed hauler is found to be in violation of this article, the Township may take the following actions, at its discretion, depending on the nature of the violation:
(1) 
The Township may issue a notice of violation to the licensee. This notice shall be in writing and sent by certified mail with return receipt requested to the address the licensee gave in the license application. The notice shall state the nature of the alleged violation(s) and the necessary corrective action required. The licensee shall be provided a reasonable time period to either correct the violation(s) or appeal. If the violation is not corrected or appealed within the specified period, the license shall automatically be revoked with no right to administrative appeal, and the licensee may be prosecuted under the penalty provisions of this article; or
(2) 
The Township may immediately revoke the hauler's license by issuing a written notice of license revocation to the licensee by certified mail with return receipt requested. The notice of revocation shall state the reasons for the Township's actions and inform the licensee that the decision may be appealed within 10 days after receipt of the notice. Any appeal must be filed in writing and show cause why the Township should not carry out the license revocation.
B. 
In the event that any person other than a licensed hauler is found to be in violation of this article, the Township may issue a written notice of violation to the alleged violator. This notice shall be in writing and sent by certified mail with return receipt requested. The notice shall state the nature of the violation(s) and the necessary corrective actions required, in detail. The person notified shall be provided a reasonable time period (stated in notice) to either correct the violation(s) or appeal.

§ 234-9 Administrative appeals.

A. 
All appeals shall be made in writing to the Board of Commissioners of the Township.
B. 
Pending a reversal or modification, all decisions of the Township shall remain effective and enforceable.
C. 
Appeals may be made by the following persons:
(1) 
Any person who is aggrieved by the granting or the refusal to grant a license by the Township may appeal within 10 days after the Township announces the denial.
(2) 
Licensees whose licenses have been revoked may appeal within 10 days after receiving the Township's notice of license revocation.
(3) 
Licensees and nonlicensees who have received notices of violation may appeal within the time limit stated in their notice of violation.
D. 
The notice of appeal shall be served in writing and sent by certified mail with return receipt requested. Within 20 days after receipt of the notice of appeal, the Township shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in local newspaper.

§ 234-10 Injunction powers.

The Township may petition the Allegheny County Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.

§ 234-11 Violations and penalties.

[Amended 9-10-2001 by Ord. No. 16-2001]
Any person who violates any provision of this article shall, upon conviction, be guilty of a summary offense which is punishable by a fine of not more than $600 and, in default of payment of such fine, then by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered a separate and distinct offense.

§ 234-12 Conflict.

Any ordinances or any part of any ordinance which conflicts with this article is hereby repealed insofar as the same affects this article.

§ 234-13 Effective date.

This article shall take effect on the first day of July 1990.
[Adopted 5-13-1991 by Ord. No. 3-1991 (Ch. 20, Part 2, of the 1989 Code)]

§ 234-14 Short title.

The short title of this article shall be the "Township of Robinson Recycling Ordinance," and the same may be cited in that manner.

§ 234-15 Definitions.

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.
ALUMINUM
All empty 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.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals, which 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 bulb, 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 ESTABLISHMENT
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 structures.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
MUNICIPALITY
The Township of Robinson.
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.
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 (PETE or HDPE only). 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 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 creation and recovery of reusable materials.
RESIDENCES
Any occupied single or multifamily dwellings having up to four dwelling units per structure for which the municipality provides municipal waste collection service.
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 Protection for beneficial use.

§ 234-16 Establishment of program; grant of power.

A. 
The municipality 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 municipality for which waste collection is provided by the municipality or any other collector. Collection of the recyclable materials shall be made at least once per month by the municipality, its designated agent, or any other solid waste collectors operating in the municipality and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. 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 (§ 234-26). The Board of Commissioners is empowered to make changes to program regulations as necessary, as described in § 234-23. 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.
C. 
This article is ordained pursuant to the First Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 55101 et seq.

§ 234-17 Separation and collection.

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 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. 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 to the municipality or shall pay the replacement cost of said container. 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 shall be a violation of this article.
(2) 
An owner, landlord, manager or agent of an owner, 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 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.
(3) 
If recyclable materials are collected by a collector other than the municipality or its authorized agent, owners, landlords and agents of owners or landlords shall submit an annual report to the municipality 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. 
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 by:
(1) 
Providing for the recycling of high-grade office paper, aluminum, corrugated paper, leaf waste and other materials deemed appropriate by the municipality.
(2) 
Submitting, at a minimum, an annual recycling report to the governing body of the municipality. The report shall document the amount of the 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. 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; 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 co-mingled 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 C(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.
D. 
If recyclable materials are collected by a collector other than the municipality or its authorized agent, occupants of said establishments shall submit an annual report to the municipality 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.
E. 
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.
F. 
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:
(1) 
Waste characterization, including source, generation rate, management techniques, and management costs. The assessment should expressly consider high-grade office paper, aluminum, corrugated paper, leaf waste and any other materials generated in significant quantities.
(2) 
A description of all possible waste minimization options, including use and waste reclamation.
(3) 
An elevation of the economic and technical feasibility of each option and a ranking of each option.
(4) 
An estimate of the payback period for each feasible option.
(5) 
A statement of which options will be implemented, including an explanation and a timetable.
(6) 
Identification of the individual(s) who will be responsible for implementing the plan.
G. 
The waste minimization plan should be periodically updated. Implementation of the plan should include:
(1) 
Recycling or composting of materials to the greatest extent feasible, either privately or through a municipal recycling program.
(2) 
Use, to the greatest extent feasible, of products and materials which are recyclable or made of post-consumer materials.
(3) 
Substitution, to the greatest extent feasible, of durable and reusable products and materials for products that are not durable or reusable.
(4) 
Appropriate education materials and signs should be made available to employees or the public to encourage participation in recycling and waste reduction.

§ 234-18 Ownership of recyclable materials.

All recyclable materials placed by persons for collection by the municipality or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the municipality or the authorized collector, except as otherwise provided by § 234-19 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.

§ 234-19 Collection by unauthorized persons.

It shall be a violation of this article for any person, firm or corporation, other than the municipality or one authorized by the Board of Commissioners or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the municipality 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 residence or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 234-20 Existing recycling operations.

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 Board of Commissioners or other entity responsible for authorizing collection of recyclable materials.

§ 234-21 Recycling of materials.

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 Township Manager or his designated agent in writing.

§ 234-22 Enforcement and administration.

A. 
The Township Manager or his designated agent 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 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 shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not less than $25 nor more than $300, and costs of prosecution for each and every offense.

§ 234-23 Franchise or license.

A. 
The municipality may enter into agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.
B. 
The Township reserves the right and may direct such recyclable materials to the disposal or transfer site as may be determined by the Township.

§ 234-24 Modifications.

The municipality may, from time to time, modify, add to or to remove from the standards and regulations herein and as authorized in § 234-22.

§ 234-25 Effective date.

This article shall take effect July 1, 1991, and shall be in force from and after this date.

§ 234-26 Recycling program regulations.

These regulations will govern the Township of Robinson Recycling Program as empowered by § 234-16 of this article.
A. 
Separation of recyclables by residences and storage and collection. This section describes what materials will be recycled, how the materials must be prepared and separated for recycling, where they will be placed for collection, when they will be collected, and designates responsibility for ensuring collection of the materials for recycling. A minimum of three of the following materials and leaf waste must be designated for the program: clear glass, colored glass, aluminum, steel and bimetal cans, high-grade office paper, newsprint, corrugated paper and plastics. Materials other than leaf waste must be collected at least one day each month. This section should also describe whether or not the materials are to be co-mingled in one container or segregated into several containers and the methods for preparing the materials that will be collected.
B. 
Separation of recyclables by multifamily housing properties and storage and collection.
(1) 
This section establishes recycling requirements for multifamily dwellings. It describes what materials are to be separated (see previous subsection) and designates responsibility for ensuring that the materials are collected for recycling. Collection for materials other than leaf waste must be provided at least one day each month.
(2) 
The section shall allow an owner, landlord or agent of an owner or landlord of multifamily housing properties to 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 of their buildings.
C. 
Separation of recyclables by commercial, municipal and institutional establishments and at community activities and storage and collection. This section describes recycling requirements for those establishments not included in the municipality's residential recycling program. It describes what recyclable materials are to be separated, including, at a minimum, high-grade office paper, aluminum, corrugated paper, and leaf waste. The municipality may add flexibility to the article for the recycling of additional materials by requiring that additional material(s) be recycled by these establishments. For instance, if a restaurant generates glass it may choose to recycle that material; however, if another type of establishment generates plastic, but not glass, it may choose to recycle plastic. Proof that those materials were recycled should be submitted with the annual report. The due date for that report may be specified in this section as well. This section also designates responsibility for ensuring that the materials are collected for recycling. Collection must be provided for materials other than leaf waste at least one day each month. It also establishes the annual report to be filed to the municipality by those seeking exemption from the municipal recycling program [Act 101, § 1501(c)(iii)].
D. 
Separation and collection of leaf waste. This section outlines the municipality's requirements for leaf waste separation, describes the leaf waste collection program, and designates responsibility for ensuring that leaf waste is collected for composting. It prohibits leaf waste from being disposed of in a landfill or resource-recovery facility and requires that it is composted. Collection shall be scheduled, as appropriate. For example, the municipality may schedule leaf collection during October, November and December or may schedule collection in the spring. The section should contain language that will permit property owners to compost or otherwise use leaf waste.
E. 
Public education program. This section describes the public education program. It sets the schedule for implementation of the education program. The municipality must conduct an education program at least 30 days before the initiation of the recycling program and at least once every six months thereafter. The municipality should also describe the methods that will be used to inform the public of the recycling and leaf collection program. For instance, the municipality may place ads in the newspaper, distribute brochures, leaflets or door hangers or use radio and TV as vehicles for informing the public. The public education program should include the requirements of the Recycling Ordinance and the incentives and penalties set forth in the ordinance.
F. 
Changes to the regulations. Changes to the recycling program regulations will require approval from the Board of Commissioners (administrative decision, vote at public meeting, resolution, etc., no ordinance change is needed). Public notice and notification to all affected parties will be required in advance of any program changes.