[Adopted 2-13-1991 as Ord. No. 487]
The short title of this Article shall be the "Borough of Freedom Recycling Ordinance," and the same may be cited in that manner.
As used in this Article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
BIMETAL CONTAINERS
Empty food or beverage containers of steel and aluminum.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than four (4) dwelling units.
COMMUNITY ACTIVITIES
Church, social, school, civic, service group, municipal functions and all other such functions.
CORRUGATED PAPER
Structured paper material with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel or tin-coated steel food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, 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 ESTABLISHMENTS
Those facilities that house or serve groups of people such as hospitals, schools, day-care centers and nursing homes.
LEAD ACID BATTERIES
Include but are not limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue, 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 (4) or more dwelling units per structure.
MUNICIPALITY
The Borough of Freedom, Beaver County, Pennsylvania.
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 glossy advertising inserts often included with newspapers.
PERSON(S)
Owners, lessees and occupants of residences, commercial or institutional establishments.
PLASTIC CONTAINERS
Empty plastic containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of "plastic" which may be recycled.
RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled, including those materials listed in Act 101[1] and by the municipality to be recycled.
RESIDENTIAL DWELLINGS
Any occupied single- or multifamily dwelling having up to four (4) dwelling units per structure for which the municipality provides waste collection service.
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 Resources for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq. and Art. II of this chapter.
There is hereby established a program for the mandatory separation of recyclable materials from solid waste by persons residing in single dwellings or multifamily dwellings having up to four (4) dwelling units per structure for the Borough of Freedom, hereinafter referred to as the "municipality," to provide private waste collection service.
Recyclable materials from residential dwellings shall be placed at the curb or other designated place separate from solid waste for collection or taken to dropoff sites at such times, dates and places as may be herein established by regulation. Materials to be recycled are clear glass and colored glass; steel, aluminum and bimetallic cans; and plastic.
The owner, landlord or agent of an owner or landlord of multifamily housing properties of four (4) or more units shall establish a collection system for recyclables at each property. Materials to be separated are clear glass and colored glass; aluminum cans, steel cans and bimetallic cans; and plastic. The collection system must contain suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the 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 building.
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.
It shall be a violation of this Article for any person(s) not authorized by the Borough of Freedom to collect or pick up or cause to be collected or picked up any such recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
Any person may donate or sell recyclable materials to individuals or organizations. These materials must be delivered to the individual's or organization's site (or they may be placed at the curb for collecting by said individual or organization on days not indicated as recyclable material collection days by the Borough of Freedom). Said individuals or organizations may not collect recyclable materials within twenty-four (24) hours of a regularly scheduled curbside collection day.
It shall be a violation of this Article 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 exist. The authorized collector will provide to the Borough of Freedom the weight receipts of the recyclable materials.
The Borough of Freedom 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.
Any action by any person, firm, corporation or other entity which violates any section of this Article or any regulations thereof shall be punishable by a fine not to exceed six hundred dollars ($600.) and costs of prosecution or, in default of payment thereof, by imprisonment for not more than thirty (30) days.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.