The short title of this article shall be the “Kilbuck Township
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, 53 P.S. § 4000.101 et seq.
BIMETAL CANS
Empty food or beverage cans 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,
and those multifamily housing properties containing more than four dwelling
units.
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 material with an inner core shaped in rigid parallel
furrows and ridges.
GLASS CONTAINERS
Empty 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.
LEAD ACID BATTERIES
Includes but shall not be limited to automotive, truck and industrial
batteries that contain lead.
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
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.
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,
plastics, and any other items selected by the municipality or specified in
future revisions to Act 101. Designated recyclable materials shall be selected
by the municipality in its rules and regulations and may be revised from time
to time as deemed necessary after public notice.
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
four dwelling units per structure for which the municipality provides municipal
waste collection service.
SUSTAINED PUBLIC EDUCATION PROGRAM
The ongoing effort of Kilbuck Township to inform the general public
concerning the requirements of this article and the rules and regulations
promulgated pursuant hereto.
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 municipality
or authorized collector pursuant to this article shall, from time of placement
at the curb, become the property of the municipality. Nothing contained in
this article shall be deemed to impair the ownership of separated recyclable
materials by persons unless and until such materials are placed at the curbside
for collection.
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. Nothing contained in this article shall
be interpreted to impair any existing recycling operations.
Disposal by persons of recyclable materials with waste 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 a prior exemption is
obtained in writing from the enforcing entity prior to the incineration or
landfilling thereof.
The municipality 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 municipality may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in §
174-18.