[HISTORY: Adopted by the Borough Council
of the Borough of Steelton 6-17-1991 by Ord. No. 91-7, approved 6-17-1991. Amendments
noted where applicable.]
The title of this chapter shall be "Recycling,"
and the same may be cited in that manner.
This chapter is enacted pursuant to the Municipal
Waste Planning, Recycling and Waste Reduction Act, Act of July 28,
1988 (P.L. 556, No. 101), 53 P.S. § 4000.101 et seq.
The purposes and goals of this chapter are to:
A.
Require waste reduction and recycling as a means of
managing solid waste, conserving resources and supplying energy.
B.
Protect the public health, safety and welfare from
the short- and long-term dangers of collection, transportation, processing
and storage of solid waste.
C.
Utilize, wherever feasible, the capabilities of private
enterprise in accomplishing the desired objectives of an effective,
comprehensive solid waste management program.
D.
Establish and implement with the Borough a recycling
program to return valuable materials to productive use to conserve
energy and to protect capacity at waste processing and disposal facilities.
E.
Recycle at least 25% of all solid waste and source-separated
recyclable materials generated in this Borough on and after January
1, 1997.
F.
Reduce the weight or volume of solid waste generated
per capita in this Borough on January 1, 1997, to a weight or volume
less than that generated per capita on the effective date of this
chapter.
G.
Teach each person living or working in the Borough
the economic, environmental and energy value of recycling and waste
reduction, and encourage, through a variety of means, participation
in such activities.
H.
Promote the procurement and use of products and materials
with recycled content and materials that are recyclable by the Borough
to the greatest extent practicable.
As used in this chapter, the following terms
shall have the meanings indicated:
Empty, all-aluminum beverage and food containers.
Person, persons, firm, firms, corporation, association, partnership
or other legal entity certified by the Borough of Steelton to collect
municipal waste and/or source-separated recyclable materials in accordance
with the provisions of this chapter.
Empty food or beverage containers consisting of steel cylinder
and aluminum top or bottom. Also included in this definition are traditional
steel or tin cans which consist predominantly of steel and coated
with tin.
The Borough of Steelton, Dauphin County, Pennsylvania.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
four or more dwelling units.
Church, school, civic, service group, municipal functions
and all other such functions within a mandated municipality to which
more than 200 persons per day attend.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The scheduled collection and transport of recyclable materials
placed at the curbline or other similar location by residential establishments
or approved small businesses.
Any room or group of rooms located within a building and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating by one
family. This definition includes a mobile home. Any multifamily establishment
of two or three dwellings units is included in this definition. For
purposes of this chapter and any related contract, the term "dwelling
unit" or "residential unit" may also include any small commercial
establishment or institutional establishment that, due to its volume
of solid waste, may be treated by the Borough as a dwelling unit for
the collection and disposal of municipal solid waste and the collection,
processing and marketing of recyclables.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass, light bulbs, porcelain
and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional, industrial and municipal establishments.
Any establishment engaging in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants and refineries.
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers and nursing homes.
Includes but is not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, brushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
Any properties having four or more dwelling units per structure.
Any facility or building owned or operated by a local government
or county government, local government or county government authority,
state government or agency or federal government or agency.
The Borough of Steelton, Dauphin County, Pennsylvania.
Any garbage, refuse, industrial lunchroom or office waste
and any other material, including solid, liquid, semisolid or contained
gaseous materials resulting from the operation of residential, municipal,
commercial, institutional or industrial establishments and from community
activities; and sludge not meeting the definitions of residual or
hazardous waste in the Solid Waste Management Act[1] from a municipal, commercial or institutional waste water
supply treatment plant, public waste water treatment plant or air
pollution control facility.
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 glossy advertising inserts often included with newspapers.
Any 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.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, only HDPE and PET type containers will
be accepted. These containers must have a recycling logo with a No.
1 or No. 2 printed on it. Plastic milk jugs and detergent bottles
are typically made of HDPE; one-, two- and three-liter plastic soda
bottles are made of PET.
Those materials separated at the point of origin for the
purpose of being recycled, including those materials listed in Act
101[2] and by the municipality to be recycled.
The separation, collection, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
could otherwise be disposed of or processed as solid waste or the
mechanized separation and treatment of solid waste (other than through
combustion) and creation and recovery of reusable materials other
than a fuel for the generation of energy.
Any occupied single-family or multifamily dwelling having
three or fewer dwelling units per structure.
All materials or substances that, as of the effective date
of this chapter or any subsequent date, were generally discarded or
rejected as being spent, useless, worthless or in excess to the owners
at the time of such discard or rejection, including garbage, refuse,
industrial and commercial waste, sludges from air or water pollution
control facilities or water supply treatment facilities, rubbish,
ashes, contained gaseous materials, incinerator residue, demolition
and construction debris and offal; excluding sewage and other highly
diluted water-carried materials or substances, material and substances
in gaseous form and hazardous waste.
Recyclable materials that are separated from solid waste
at the point of origin for the purpose of recycling.
Empty, all-steel (ferrous material) or bimetal beverage and
food containers.
A.
There is hereby established a program for the mandatory
separation of recyclable materials from solid waste by persons residing
in residential dwellings, including apartments with three or fewer
units.
B.
Powers. In carrying out its duties under this section,
the Borough Council of the Borough of Steelton may adopt resolutions
establishing procedures, regulations and standards for the recycling,
transportation, storage and collection of source-separated recyclable
materials which shall not be less stringent than and not in violation
or inconsistent with the provisions and purposes of the Municipal
Waste Planning, Recycling and Waste Reduction Act[1] and the regulations promulgated pursuant thereto.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
C.
Duties. Steelton Borough shall implement the provisions
of this chapter by collecting, transporting, processing or marketing
source-separated materials or contracting, subject to competitive
bidding, with any person to carry out its duties for the recycling,
transportation, collection and storage of source-separated recyclable
materials. Any such person shall be jointly and severally responsible
with Steelton Borough in carrying out its duties for transportation,
collection or storage activity.
Recyclable materials from residential dwellings
shall be placed at a designated location separate from solid waste
for collection at specific times and dates, as established and advertised
by Steelton Borough. Materials to be recycled are clear glass, colored
glass, steel and bimetallic cans, newsprint and HDPE and PET plastic
containers (recycling logo Nos. 1 and 2).
All commercial, municipal, institutional and
industrial establishments shall separate and store, until collection,
high-grade office paper, corrugated paper and aluminum cans.
A.
For establishments participating in the Borough's
solid waste/recycling program, all commercial, institutional and industrial
establishments will be required to recycle the three materials listed
above. The exclusive contractor hauling waste for the Borough will
provide for the collection of the recyclables as well as collection
of solid waste.
B.
For establishments not participating in the Borough's
solid waste/recycling program, all commercial, institutional and industrial
establishments are required to provide for recycling of the three
materials listed above. If an establishment contracts on its own for
waste hauling, it must make arrangements for recycling services also.
Establishments which make their own arrangements for recycling must
report annually (by January 30) the amount (by weight) of each material
recycled the previous calendar year to the Steelton Borough Secretary.
C.
The following recyclable materials must be separated
until collection at community activities (attended by 200 or more
people): metal cans and plastic (HDPE and PET) bottles. Sponsoring
organizations must arrange for the transfer or collection of these
recyclables so that they are indeed recycled.
The owner, landlord or an agent of an owner
or landlord of multifamily housing properties of four or more units
shall establish a collection system for recyclables at each property.
Materials to be separated are clear glass, colored glass, aluminum
cans, steel and bimetallic cans, newsprint and HDPE and PET plastic
containers. The collection system must contain suitable containers
for collecting materials, easily accessible locations for the containers
and written instructions to all occupants, concerning the use and
availability of the collection system. Owners, landlords and agents
of owners or landlords shall not be liable for noncompliance of the
occupants of their buildings.
No person may 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 to accept such batteries.
All persons who reside in residential dwellings
and all persons who are responsible for administration of multifamily
housing properties, commercial, municipal, institutional and industrial
establishments who gather leaves shall source separate all leaf waste
from other waste and place it for collection at the times and in the
manner hereafter prescribed by Steelton Borough. Nothing herein shall
require any person to gather leaves or prevent any person from utilizing
leaves for compost, mulch or other agricultural, horticultural, silvicultural,
gardening or landscape purposes.
It shall be a violation of this chapter for
any person(s), unauthorized by the Steelton Borough, to collect or
pick up or cause to be collected or picked up any recyclable material
which is included in the Steelton Borough recycling program. Each
such collection in violation hereof shall constitute a separate and
distinct offense punishable as hereinafter provided.
Nothing in this chapter shall prohibit persons
in Steelton Borough from donating or selling recyclable materials
generated from their residence. These materials must be delivered
to the individuals' or organizations' site.
It shall be a violation of this chapter for
the authorized collector of recyclable materials to deliver such materials
to a landfill or incinerator for the purpose of disposal unless the
markets for such materials no longer exists. The authorized collector
will provide to the Borough of Steelton the weight receipts of the
recyclable materials disposed of at a landfill or incinerator under
this section.
A.
The Borough of Steelton may enter into agreement(s)
with public or private agencies or firms to authorize them to collect
all or part of the recyclable material from curbside or from dropoff
collection points.
B.
Only a person licensed by the Borough of Steelton,
Dauphin County, Pennsylvania, may collect, transport and dispose recyclables
or recyclable materials generated within the territorial limits of
Steelton Borough, Dauphin County, Pennsylvania.
C.
An authorized collector is one who has been granted
a license by Steelton Borough, Dauphin County, Pennsylvania, for the
specific purpose of collecting, transporting and disposing of recyclable
materials.
D.
A licensed collector shall not in any manner be construed
as an agent, servant or employee of Steelton Borough, but shall, at
all times, be considered and remain an independent contractor.
An annual report on the weight of materials
recycled during the previous calendar year must be sent to the Borough
Secretary by January 30 of each year from commercial, institutional,
industrial and municipal establishments that are not participating
in the Borough's recycling program.
The Borough shall establish a comprehensive
and sustained public information and education program concerning
recycling program features and requirements as required by the Municipal
Waste Planning, Recycling and Waste Reduction Act.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A.
It shall be the duty and responsibility of every owner
of property and every person occupying a dwelling unit, premise or
place of business in the Borough who are part of the Borough recycling
program to pay a service fee for collection and recycling, except
as otherwise provided by this chapter, to the authorized collector.
The recycling fee may also include an additional amount to cover the
Borough's administrative costs involved in this portion of the program.
The owner and/or occupant of any dwelling unit, including multifamily
establishments or other participants in the recycling program, shall
pay a base quarterly fee regardless of the amount or type of recyclables
put out for collection. An exclusive contractor may discontinue service
for nonpayment of quarterly fees by a resident, commercial, institutional
or industrial establishment covered by the program.
B.
All quarterly fees established under an exclusive
contract for the collection of recyclables by the exclusive collector
shall be established by resolution of the Council of Steelton Borough.
Any charges so established shall be reviewed at least annually and
adjusted as necessary to ensure that all costs involved in the collection
and disposal of municipal waste under the exclusive contract, including
administrative costs of the Borough, are covered by the charge.
A.
The Borough Code Enforcement Officer and the Borough
Secretary, or their designee, are authorized and directed to enforce
this chapter. The Borough Secretary is also hereby authorized and
directed to establish and promulgate reasonable regulations as to
manner, materials, days and time for the collection of recyclable
materials and any other matters required to implement this chapter
in accordance herewith. The Borough Secretary or his or her designee
may change, modify, repeal or amend any portion of said regulations
at any time.
B.
Any person, other than a municipal official exercising
his or her official duties, who shall violate any provision of this
chapter, any regulation promulgated hereunder or any order issued
hereunder 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 and costs and, in default of the payment of such fine and cost,
to undergo imprisonment for not more than 30 days. Each day's continuation
of violation of this chapter shall constitute a separate and distinct
offense.
C.
In addition to any other remedies or penalties hereinbefore
provided, the Solicitor of the Borough is authorized to institute
proceedings in courts of law or equity to control the recycling, transportation,
collection and storage of source-separated recyclable materials or
to enforce the provisions of this chapter, including the securing
of injunctive relief to prohibit any unlicensed or unauthorized person,
or any licensed or authorized collector in violation of the provisions
of this chapter, from continuing the collection, transportation or
disposal of recyclable items hereunder, or to enforce compliance by
any person with the terms of this chapter.
