This article shall be known as the "College Township Recycling
Ordinance" and the same may be cited in that manner.
The Township of College, recognizing the reclamation of recyclable
materials has become an important method for addressing the growing
solid waste disposal problem through conservation of landfill space,
preservation of natural resources and a reduction in energy consumption,
does hereby authorize the storage, collection and transportation of
recyclable materials in accordance with the provisions of the Municipal
Waste Planning, Recycling and Waste Reduction Act (No. 101),[1] the Centre County Solid Waste Management Plan,[2] and this article. This article is intended to be an integral
part of an overall system designed to facilitate recycling and foster
the cooperation of the residents.
The following words and phrases, when used in this article,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this article:
Empty all-aluminum beverage and food containers.
Centre County Solid Waste Authority.
Empty beverage or food containers consisting of two metals
such as steel, tin or aluminum.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters. Multifamily dwelling units,
manufactured home parks, hotels, motels, mixed-use properties (combined
business/residential on a single parcel) and farms which use commercial
dumpsters shall be considered commercial establishments. It does not
include properties where the primary permitted use is residential
and accessory use is commercial (i.e., home occupations).
Church, school, civic, service group, municipal functions
and all other such functions.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
The owner of any residential, commercial, industrial or institutional
property located within the municipality.
An agent, such as the Centre Region Council of Governments,
acting on behalf of the municipality, whose powers and responsibilities
are established in an intergovernmental agreement or similar document.
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
One or more rooms on premises which have cooking facilities
and are arranged for occupancy by one person, two or more persons
living together or one family. Each dwelling unit within a noncommercial
building shall be considered an individual residential customer served
by curbside refuse and recycling collection.
The official designated herein or otherwise charged with
the responsibilities of administering this article, or the official
authorized representative.
An agreement entered into by College Township, or its designated
agent, with a private person or corporation for the collection and
disposal of all municipal waste generated within the boundaries of
the municipality to the extent provided by this article and the agreement.
Bottles and jars made of clear, green or amber glass. Expressly
excluded are noncontainer glass, automobile glass, plate glass, blue
glass, lead crystal and porcelain and ceramic products.
A person who collects, transports and/or disposes of municipal
solid waste, recyclable materials and bulk waste from residential,
commercial, industrial and institutional establishments or community
activity. The term may be applied to a person having the exclusive
right to collect within the municipality. All such haulers shall comply
with the provisions under State Act 90,[1] as well as all federal, state, county and local laws,
rules and regulations.
Plastic bottles and jars made exclusively from noncolored,
high-density polyethylene, such as milk and water jugs.
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional and municipal establishments.
Any establishment engaging in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Includes, but not limited to automotive, truck and industrial
batteries that contain lead.
Leaves, garden residue, shrubbery and tree trimmings, and
similar material but not including grass clippings. (Act 101, Section
103[2]).
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains five or more dwelling units.
A political unit, such as a city, town, or village, incorporated
for local self-government.
Any garbage, refuse, industrial lunchroom or office waste
and any other material, including solid waste, liquid, semisolid or
contained gaseous materials resulting from the operation of residential,
municipal, commercial, industrial 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, industrial or institutional water supply
treatment plant, wastewater treatment plant, or air pollution control
facilities (Pennsylvania Act 101, Section 103[3]).
All 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 are wet, yellowed or soiled.
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Plastic soda bottles composed of the polymer PET.
The collection and separation of aluminum, steel, and bimetal
cans; green, brown, blue, and clear glass; newsprint and bundles of
magazines; unwanted mail; mixed office paper; paperboard; all plastic
bottles (1 through 7); domestic corrugated cardboard; empty aerosol
and paint cans; and any other materials per section 1501 of State
Act 101[4] or added as material accepted by the Centre County Solid
Waste Authority ("CCSWA") from time to time.
A dwelling unit under single ownership or organized as a
condominium or cooperative form of housing, which contains one, two,
three or four dwelling units.
Empty all-steel food and beverage containers.
The governmental jurisdiction and legal entity of the Township
of College, Centre County, Pennsylvania.
Those recyclable materials separated under the provisions of
this article shall not be considered municipal waste and shall not
be subject to the provisions of municipal ordinances which require
disposal of municipal solid waste at the Centre County Solid Waste
Authority facilities by a hauler as defined herein.
The municipality hereby establishes a program for the mandatory
separation of recyclables from municipal solid waste by residential
dwellings and commercial, industrial and institutional establishments.
Dropoff facilities may be sited for use by those residential
and commercial properties located within Centre County not serviced
by a curbside route. Occupants of these residential and commercial
properties shall be responsible for the separation of recyclable materials
from municipal solid waste and their preparation and delivery to dropoff
sites established by the municipality.
A.
All recyclable material accumulated by owners of residential, commercial,
industrial and institutional properties and/or occupants of said properties
shall be placed in containers for collection by a hauler.
B.
It shall be the responsibility of each customer to keep all recycling
receptacles in good repair and sanitary condition.
C.
More than one family or dwelling unit on the same premises may use
the same containers but each family must pay the established rate
as though a separate container is being used.
D.
Location of containers. For residential and commercial properties
recycling containers shall be placed near refuse containers for collection.
Pickup at alternate locations may occur in accordance with agreement
between the customer and the hauler.
A.
All recyclable materials generated within the municipality shall be collected by a hauler. A commercial, industrial and institutional establishment may utilize an individual recycling program in conformance with § 172-30.
B.
The municipality or its designated agent may, through a competitive
bidding process, award an exclusive service contract for all or part
of residential recycling collection.
A.
Commercial, industrial and institutional establishments conducting
their own recycling programs, not in conjunction with a hauler or
under an exclusive contract as may be established by the municipality
for the collection of municipal waste and recyclables, shall file
with the municipality or its designated agent and have approved by
the municipality or its designated agent, plans for individual recycling
programs which provide for, at a minimum, the recycling of items listed
in rules and regulations for the recycling program.
B.
In addition to filing an individual recycling plan, commercial, industrial
and institutional customers who choose to establish an individual
recycling program are required to submit semiannually, to the municipality
or its designated agent, weigh slips or other certification which
show weight and type of material recycled by that establishment. If
weigh slips are not used, the form of certification requires the prior
approval of the municipality or its designated agent. Required information
is due within 60 days of the end of the reporting period designated
in the regulations for the recycling program.
C.
An individual recycling plan for commercial, industrial or institutional
establishments shall provide the following information:
(1)
Applicant's company name, address, telephone number, contact
person and owner's name.
(2)
Company name, address, telephone number, and contact person for entity
providing the recycling service.
(3)
Description of materials to be recycled, frequency of collection,
method of storage and how service will be provided.
(4)
Form of certification to assure proper disposal of recyclable materials.
(5)
Municipality in which the establishment is located.
(6)
Other information as may be required by the municipality or its designated
agent which is intended to assure the proper disposal of recyclable
materials.
The municipality or its designated agent shall establish and
promulgate regulations on the manner, days and time of collection
of recyclable materials and for the bundling, handling, location and
time of placement of such materials for collection. Regulations shall
be promulgated for each of the programs undertaken for residential
dwelling units, and commercial, industrial and institutional establishments.
A.
Lead-acid batteries. No person shall place a used lead-acid battery
in mixed municipal solid waste, discard or otherwise dispose of a
lead-acid battery except by delivery to an automotive battery retailer
or wholesaler, to a secondary lead smelter permitted by the Environmental
Protection Agency, or to a collection or recycling facility authorized
under the laws of the Commonwealth of Pennsylvania.
B.
Leaf collection. All residential and commercial, industrial, or institutional establishments that gather leaves shall separate all leaf waste from municipal solid waste and place it for collection at the times and in the manner theretofore or hereafter prescribed by the Township. Nothing herein shall require any person to gather leaf waste or prevent any person from utilizing leaf waste for compost, mulch, or other agricultural, horticultural, silvicultural, gardening, or landscape purposes. See Article III, Separation and Collection of Leaf Waste, Brush Waste, and Grass Clippings.
[Amended 11-20-2014 by Ord. No. O-14-15]
It is understood that any recyclable materials located at the
curbline are the property of the municipality. It is further understood
that any recyclable materials deposited in storage bins associated
with commercial, industrial and institutional establishments belong
to the property owner. Recyclable materials deposited in containers
owned by the Centre County Solid Waste Authority are the property
of the Authority.
For reasons of health and sanitation, it shall be unlawful for any person to accumulate or permit to accumulate upon private property in the municipality any of the types of recyclables defined within § 172-24 of this article.
The Board of Supervisors shall appoint an enforcement officer
or officers to enforce and administer the provisions of this article.
Any person may donate or sell recyclable materials to individuals
or organizations. Otherwise, such materials are to be placed at curbside,
in dropoff facilities or storage bins or similar authorized locations
for collection by the exclusive contractor or hauler as applicable.
A.
Nonparticipation.
(1)
Upon the discovery of any violation under the terms of this article,
the municipality may, through its authorized agent, give notice to
the owner or occupant of a violation hereunder, either by personal
delivery to such owner or occupant, by United States mail directed
to the last known address of such person or persons, as shown in the
real estate registry records of the municipality, or by leaving the
same on the premises where such violation occurs.
(2)
Such person shall, within seven days after the delivery, mailing or leaving of such notice, make settlement by paying to the Treasurer of the municipality a sum of not more than $600 for the violation. Upon the failure of such person to make a settlement, as aforesaid, within seven days, the municipality may institute an action for violation pursuant to Subsection B.
(3)
Nothing contained in this section shall affect, in any way, the provisions
of this article regarding separate offenses for every day any violation
occurs.
B.
Fines for nonparticipation or nonpayment. On neglect or refusal of the occupant of any dwelling serviced by curbside recycling collection, residential dwelling unit or commercial, industrial or institutional establishment to separate recyclable materials from municipal solid waste and place them at curbside or sites established by the municipality or its designated agent, or make a settlement as provided in Subsection A, that person shall, upon conviction before a District Justice of such violation, be sentenced to pay a fine of not less than $100 nor more than $1,000, together with the cost of prosecution, or to imprisonment in the Centre County Prison for a period of not more than 30 days. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each violation shall constitute a separate offense.
C.
Unauthorized collection. If any person, firm, corporation or other
entity, unauthorized by the municipality or its designated agent,
collects or removes or causes to be collected or removed any such
recyclable materials as specified in the College Township regulations,
or in violation of the provisions of this article, such person, firm,
corporation or other entity shall, upon conviction by a District Justice
in a summary proceeding, be subject to a fine of not less than $100
nor more than $1,000, together with the cost of prosecution, or imprisonment
in the Centre County Prison for a period of not more than 30 days.
If the defendant neither pays nor timely appeals the judgment, the
municipality may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day of a violation shall constitute a separate
and distinct offense and shall be subject to separate summary proceedings
before a District Justice, and subject to a penalty imposed by this
section for each and every day such violation shall continue.
D.
Pilfering of collection containers. If any person is responsible
for pilfering of collection containers issued to a residence slated
for either curbside collection or any other phase of the College Township
recycling program, such person shall, upon conviction by a District
Justice in a summary proceeding, be subject to a fine of not less
than $100 nor more than $1,000, together with the cost of prosecution,
or imprisonment in the Centre County Prison for a period of not more
than 30 days. If the defendant neither pays nor timely appeals the
judgment, the municipality may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day of a violation shall
constitute a separate and distinct offense and shall be subject to
separate summary proceedings before a District Justice and subject
to a penalty imposed by this article for each and every day such violation
shall continue. The affected resident will be responsible for replacing
any missing container through purchase from the municipality or its
designated agent.
