The short title of this article shall be the
"Township of South Strabane 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:
ALUMINUM
Empty, all-aluminum beverage or food cans.
CLEAN RECYCLABLES
Not exposed to foreign substances or conditions rendering
them unusable for recycling.
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 municipally authorized collector to collect recyclable
materials from those properties.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
three or more dwelling units.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulbs, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
INSTITUTIONAL 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.
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.
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 waste" 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, color comics, glossy
advertising inserts and advertising inserts printed in colors other
than black and white, often included with newspapers.
PERSON(S)
Owners, lessees, and occupants of residences and commercial,
municipal and institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the municipality may stipulate specific
types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the municipality
and can be separated from municipal waste and returned to commerce
to be reused as a resource in the development of useful products.
Recyclable materials may include, but are not necessarily limited
to, clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, leaf waste,
plastics, and any other items selected by the municipality or specified
in future revisions to Act 101. The recyclable materials selected by the municipality
may be revised from time to time as deemed necessary by the municipality.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste, or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials.
RESIDENCES
Any occupied single-family or multifamily dwellings having
up to two dwelling units per structure.
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.
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by §
194-7 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.
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 Supervisors 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 Township 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 Board of Supervisors 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 by burning in incinerators is
prohibited unless markets do not exist and the collectors or operators
have notified the Board of Supervisors in writing.
The Board of Supervisors 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:
A. 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.
B. Establishing collection procedures for recyclable
materials.
C. Establishing reporting procedures for amounts of materials
recycled.
D. Establishing procedures for the distribution, monitoring
and collection of recyclable containers.
E. Establishing procedures and rules for the collection
of leaf waste.
Any licensed waste hauler reserves the right not to collect
municipal waste containing recyclable materials in combination with
nonrecyclable materials.
The Township 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 Township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in §
194-9.