[HISTORY: Adopted by the Board of Commissioners of the Township
of Robinson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-14-1990 by Ord. No. 5-1990 (Ch. 20, Part 1, of
the 1989 Code)]
This article shall be known and referred to as the "Solid Waste
Ordinance."
A.
ACT 97
ACT 101
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION AND DEMOLITION WASTE
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPALITY
MUNICIPAL WASTE
OCCUPIED DWELLING
PERSON
PROCESSING
RECYCLING
RECYCLING FACILITY
REFUSE
RESIDUAL WASTE
RESOURCE-RECOVERY FACILITY
RUBBISH
SCAVENGING
SEWAGE, TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION
The following words and phrases, as used in this article, shall have
the meaning ascribed herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act (SB528, Act 1988-201, July 1988).[2]
Large items of solid waste, including but not limited to
appliances, furniture, large auto parts, trees, branches or stumps,
which may require special handling due to their size, shape or weight.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
Solid waste resulting from the construction or demolition
of buildings and other structures, including, but not limited to,
wood, plaster, metals, asphaltic substances, bricks, block and unsegregated
concrete. The term does not include the following if they are separated
from other waste and are used as clean fill:
The deposition, injection, dumping, spilling, leaking, or
placing of solid waste into or on the land or water in a manner that
the solid waste enters the environment, is emitted into the air or
is discharged to the waters of the Commonwealth of Pennsylvania.
Solid waste comprised of garbage and rubbish which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisance as odors, gases or vectors.
Any person, firm, copartnership, association or corporation
who has been licensed by the Township or its designated representative
to collect, transport and dispose of refuse for a fee as herein prescribed.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including, but not
limited to, hospitals, nursing homes, orphanages, schools and universities.
The Township of Robinson, Allegheny County, Pennsylvania.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, Township,
commercial or institutional establishments and from community activities;
and any sludge not meeting the definition of residential or hazardous
waste under Act 97 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.
A permanent building or fixed mobile home that is currently
being used on a regular or temporary basis for human habitation.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency, or any other legal entity which
is recognized by law as the subject of rights and duties. In any provisions
of this article prescribing a fine, imprisonment or penalty, or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or other legal entity having
officers and directors.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residential waste or any technology used to
convert part or all of such waste materials for off-site reuse. Processing
facilities include, but are not limited to, transfer facilities, composting
facilities, and resource-recovery facilities.
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
mechanical separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than as fuel for the operation of energy.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource-recovery facilities.
All solid waste materials which are discharged as useless.
Any garbage, refuse other discharged material or other waste,
including solid, liquid, semisolid, or contained gaseous materials,
resulting from industrial, mining or agricultural water supply treatment,
wastewater treatment facility or air pollution control facility, provided
that it is not hazardous. The term "residual waste" shall not include
coal refuse as defined in the Coal Refuse Disposal Control Act.[3] Residual waste shall not include treatment sludges from
coal mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Act of June 11, 1937 (P.L. 1987, No. 394) known as the Clean
Streams Law.[4]
A processing facility that provides for the extraction and
utilization of materials or energy from Township waste that is generated
off site, including, but not limited to, a facility that mechanically
extracts materials from Township waste, a combustion facility that
converts the organic fraction of Township waste to usable energy,
and any chemical and biological process that converts Township waste
into a fuel product.
All nonputrescible Township waste except garbage and other
decomposable matter. This category includes, but is not limited to,
ashes, bedding, cardboard, cans, crockery, glass, paper, wood and
yard cleanings.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any coarse screenings, grit and dewatered or air-dried sludges
from sewage treatment plants and pumpings from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year constitutes
disposal. The presumption can be overcome by clear and convincing
evidence to the contrary.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
A.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the Township any garbage,
rubbish, bulky waste, or any other municipal or residual solid waste
except in accordance with the provisions of this article and any rules
and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth
of Pennsylvania.
B.
It shall be unlawful for any person to dispose of any solid waste
in the Township except in accordance with the provisions of this article
and any rules and regulations adopted pursuant to Act 97 and Act 101
by the Commonwealth of Pennsylvania.
C.
It shall be unlawful for any person to haul, transport, collect or
remove any solid waste from public or private property within the
Township without first securing a license to do so in accordance with
the provisions of this article.
D.
It shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the Township.
E.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the Township except at an approved and permitted resource-recovery
facility under any rules and regulations adopted pursuant to Act 97
and Act 101 by the Commonwealth of Pennsylvania.
F.
It shall be unlawful for any person to throw, place or deposit or
cause or permit to be thrown, placed or deposited any solid waste
in or upon any street, alley, sidewalk, body of water, public or private
property within the Township except as provided by this article.
A.
The storage of all solid waste shall be practiced so as to prevent
the attraction, harborage or breeding of insects or rodents and to
eliminate conditions harmful to public health or which create safety
hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal waste shall provide a sufficient number
of approved containers to store all waste materials generated during
periods between regularly scheduled collections. All waste materials
shall be placed and stored in approved containers.
C.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
(1)
All municipal waste shall be drained of free liquids before being
placed in storage containers.
(2)
All garbage shall be securely wrapped in paper, plastic or similar
material or placed in properly tied plastic bags.
(3)
Garden clippings and tree trimmings shall be placed in approved containers
or shall be cut and tied securely into bundles. Bundles shall be not
more than four feet in length, not more than two feet in diameter,
and not more than 40 pounds in weight.
(4)
Newspapers and magazines shall be placed in approved containers or
shall be secured into bundles of not more than 40 pounds in weight.
(5)
When specified by the Township or its designated representative,
special preparation and storage procedures may be required to facilitate
the collection and recycling of certain recyclable materials.
D.
Individual containers and bulk containers utilized for storage of
municipal waste shall comply with the following standards:
(1)
Reusable containers shall be constructed of durable, watertight,
rust- and corrosion-resistant material, such as plastic, metal or
fiberglass, in such a manner as to be leakproof, weatherproof, insectproof,
and rodentproof.
(2)
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)
Reusable containers for individual residences shall have a capacity
of not less than 10 gallons nor more than 40 gallons. All reusable
containers purchased prior to July 1, 1990, up to 90 gallons, will
continue to be acceptable.
(4)
Disposable plastic bags are acceptable containers, provided the bags
shall have sufficient wall strength to maintain physical integrity
when lifted by the top, shall be securely tied at the top for collection,
and shall have a capacity of not more than 40 gallons and a loaded
weight of not more than 40 pounds.
E.
Any person storing Township waste for collection shall comply with
the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
(2)
Reusable containers shall be kept in a sanitary condition at all
times. The interior of the containers shall be thoroughly cleaned,
rinsed, drained and disinfected as often as necessary to prevent the
accumulation of liquid residues or solids on the bottom or sides of
the containers.
(3)
Containers shall be used and maintained so as to prevent public nuisances.
(4)
Containers that do not conform to the standards of this article,
or which have sharp edges, ragged edges, or any other defect that
may hamper or injure collection personnel, shall be promptly replaced
by the owner upon notice from the Township or its designated representative.
(5)
Containers shall be placed by the owner or customer at a collection
point specified by the Township or its designated representative.
(6)
With the exception of pickup days when the containers are placed
out for collection, the containers shall be properly stored on the
owner's or customer's premises at all times.
(7)
Bulk waste items such as furniture, automobile parts, machinery,
appliances and tires shall be stored in a manner that will prevent
the accumulation or collection of water, the harborage of rodents,
safety hazards and fire hazards.
F.
The storage of all municipal waste from multifamily residential units,
commercial establishments, institutions and industrial lunchroom or
office waste sources is subject to the regulations and standards set
forth in this article. The type, size and placement requirements for
bulk containers shall be determined by the waste generator and the
waste hauler, and are subject to approval by the Township.
[Amended 4-13-1992 by Ord. No. 5-1992; 9-10-2001 by Ord. No. 17-2001]
A.
The Township shall provide for the collection of all garbage, rubbish
and bulky wastes from individual owner-occupied residences or condominium
units and rental multifamily residential sources with less than four
units, or it may contract with a private collector or collectors to
provide residential solid waste collection service. Collection shall
not be provided for construction and demolition waste.
B.
All households shall utilize the residential collection service provided
by the Township.
C.
All multifamily residential sources with more than four rental units,
commercial, institutional and industrial establishments shall negotiate
and individually contract collection service with the Township's
collector or any other properly licensed waste hauler of their choice.
D.
All commercial, institutional, public and industrial lunchroom and
office waste containing garbage shall be collected at least once a
week. Rubbish collection from these sources shall be made as often
as necessary to control health hazards, odors, flies and unsightly
conditions. The Township reserves the right to require more frequent
collection when deemed necessary.
E.
Residential collection schedules shall be published regularly by
the Township or its contracted hauler.
F.
All solid waste collection activity shall be conducted from Monday
through Saturday between the hours of 6:00 a.m. and 10:00 p.m., unless
prior written approval has been granted by the Township. No collecting,
hauling or transporting of solid waste shall be permitted on Sunday.
G.
All licensed haulers and haulers under contract with the Township
shall comply with the following standards:
(1)
All municipal waste collected within the Township shall ultimately
be disposed of only in a landfill cited in the Allegheny County Solid
Waste Plan, 1990, or in subsequent revisions thereof.
(2)
Any trucks or other vehicles used for the collection and transportation
of municipal waste must comply with the requirements of Act 97 and
Act 101 and any regulations adopted pursuant to Act 97 and Act 101,
including the Title 25, Chapter 285, Subchapter B, "Regulations for
the Collection and Transportation of Municipal Waste."
(3)
All collection vehicles conveying domestic waste and garbage shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors, the creation of odors and other nuisances.
(4)
Collection vehicles for rubbish shall be capable of being enclosed
or covered to prevent roadside litter and other nuisances.
(5)
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
(6)
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
A.
From and after July 1, 1990, an annual fee or charge on a fiscal
year is hereby made and imposed upon each household dwelling for the
collection and disposal of solid waste, which charge shall be in accordance
with the agreement between the Township and the contracted hauler.
B.
The owner of each household dwelling and the occupant of said dwelling
shall be jointly and severally liable for the payment of the annual
charge not later than the due date shown on the face of the invoice
rendered by the Township.
C.
Any charge paid on or before August 31 of each year shall be deemed
paid during the discount period and the owner shall be entitled to
a ten-percent discount on said charge. Any charge paid on or before
October 31 of each year shall be deemed paid during the discount period
and the owner shall be entitled to a five-percent discount on said
charge. All payments shall be due and payable by December 31 of any
year in order to avoid imposition of a penalty for late payment.
D.
Any charge not paid on or before December 31 of any year shall bear
interest and penalty at the rate of 2% per month on the amount of
such unpaid charge for each month or fraction thereof during which
such charge remains unpaid, and said penalty and interest for late
payment shall be added and collected as provided in this article.
E.
An account shall be deemed to be delinquent if a charge levied under
this article remains unpaid as of December 31 of a given year. The
proper officers of the Township hereby are empowered at their discretion
to enforce the collection of any delinquent charge and penalty by
action of assumpsit, by liens filed in the nature of a municipal lien
or by any other action or proceeding which is lawful or may become
lawful to enforce the collection of this charge.
F.
The administration of the charge imposed by this article is vested
in the office of the Township Manager and Tax Collector, who are authorized
and empowered to make reasonable rules and regulations for its administration.
G.
The proper officers of the Township hereby are authorized to make
and enter into a contract with such person or corporation and on such
terms and conditions as shall be in the best interests of the Township
and in form approved by the Solicitor for collection of the annual
service charges hereinabove provided for. Such contract shall be entered
into in accordance with the provisions of law, and the proper officers
of the Township hereby are authorized and directed to sign, acknowledge
and deliver any and all documents necessary to effectuate the provisions
of this section.
A.
No person shall collect, remove, haul or transport any solid waste
upon or through any streets or alleys of the Township without first
obtaining a license from the Township or its designated representative.
B.
Any person who desires to collect, haul, transport or dispose of
any solid waste within the Township shall submit a license application
and an application fee of $100 to the Township. A minimum period of
30 days shall be allowed for the Township to review the application
and take approval or denial action. The Township shall waive the application
for the hauler under contract to the Township to collect residential
waste. This exemption applies only to the residential service provided
for under the contract with the Township.
C.
The license application shall set forth the applicant's qualifications
and include the following information at a minimum:
(1)
Name and mailing address.
(2)
Contract person and telephone number.
(3)
List of available equipment and manpower.
(4)
Type of wastes to be collected.
(5)
Manner or method of collection.
(6)
Frequency of collection.
(7)
Point of collection.
(8)
Proposed place and method of disposal for each type of waste.
(9)
A certificate of insurance identifying the type and amounts of coverage
carried by the applicant.
D.
Prior to issuing a license, the Township may require an applicant
to submit a certificate of insurance as evidence of insurance coverage
for the minimum amounts specified by the Township.
E.
All licenses shall be issued for a period of one calendar year and
shall be nontransferable.
F.
An existing licensee shall submit a new license application and license
fee to the Township at least 30 days prior to the expiration of the
license, if license renewal is desired. If the licensee continues
to satisfy the requirements for a license, the license shall be renewed.
The Township reserves the right to deny a license renewal if the licensee
is in violation of the provisions in this article.
G.
Any misrepresentation or falsification on a license application may
be grounds for rejection of an application or immediate revocation
of a license which has already been issued.
H.
Licensed haulers shall be responsible for maintaining current lists
of customers' services and records of the amounts and types of waste
collected within the Township. Such records and customer lists shall
be available for inspection and be provided to the Township or its
designated representatives upon request.
A.
In the event that a licensed hauler is found to be in violation of
this article, the Township may take the following actions, at its
discretion, depending on the nature of the violation:
(1)
The Township may issue a notice of violation to the licensee. This
notice shall be in writing and sent by certified mail with return
receipt requested to the address the licensee gave in the license
application. The notice shall state the nature of the alleged violation(s)
and the necessary corrective action required. The licensee shall be
provided a reasonable time period to either correct the violation(s)
or appeal. If the violation is not corrected or appealed within the
specified period, the license shall automatically be revoked with
no right to administrative appeal, and the licensee may be prosecuted
under the penalty provisions of this article; or
(2)
The Township may immediately revoke the hauler's license by
issuing a written notice of license revocation to the licensee by
certified mail with return receipt requested. The notice of revocation
shall state the reasons for the Township's actions and inform
the licensee that the decision may be appealed within 10 days after
receipt of the notice. Any appeal must be filed in writing and show
cause why the Township should not carry out the license revocation.
B.
In the event that any person other than a licensed hauler is found
to be in violation of this article, the Township may issue a written
notice of violation to the alleged violator. This notice shall be
in writing and sent by certified mail with return receipt requested.
The notice shall state the nature of the violation(s) and the necessary
corrective actions required, in detail. The person notified shall
be provided a reasonable time period (stated in notice) to either
correct the violation(s) or appeal.
A.
All appeals shall be made in writing to the Board of Commissioners
of the Township.
B.
Pending a reversal or modification, all decisions of the Township
shall remain effective and enforceable.
C.
Appeals may be made by the following persons:
(1)
Any person who is aggrieved by the granting or the refusal to grant
a license by the Township may appeal within 10 days after the Township
announces the denial.
(2)
Licensees whose licenses have been revoked may appeal within 10 days
after receiving the Township's notice of license revocation.
(3)
Licensees and nonlicensees who have received notices of violation
may appeal within the time limit stated in their notice of violation.
D.
The notice of appeal shall be served in writing and sent by certified
mail with return receipt requested. Within 20 days after receipt of
the notice of appeal, the Township shall hold a public hearing. Notice
of the hearing shall be sent to both parties in time to adequately
prepare for the hearing. Notice shall be sent to the parties by certified
mail with return receipt requested at the last known address in addition
to publication in local newspaper.
The Township may petition the Allegheny County Court of Common
Pleas for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this article.
[Amended 9-10-2001 by Ord. No. 16-2001]
Any person who violates any provision of this article shall,
upon conviction, be guilty of a summary offense which is punishable
by a fine of not more than $600 and, in default of payment of such
fine, then by imprisonment for a period of not more than 30 days,
or both. Each day of violation shall be considered a separate and
distinct offense.
Any ordinances or any part of any ordinance which conflicts
with this article is hereby repealed insofar as the same affects this
article.
This article shall take effect on the first day of July 1990.
[Adopted 5-13-1991 by Ord. No. 3-1991 (Ch. 20, Part 2, of
the 1989 Code)]
The short title of this article shall be the "Township of Robinson
Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases as used throughout this article
shall have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
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.
Those properties used primarily for commercial or industrial
purposes.
Events that are sponsored by public or private agencies or
individuals, which include but are not limited to fairs, bazaars,
socials, picnics and organized sporting events attended by 200 or
more individuals per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulb, blue glass and porcelain and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Includes but not be limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structures.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
The Township of Robinson.
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.
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.
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers (PETE or HDPE
only). Due to the wide variety of types of plastics, the municipality
may stipulate specific types of plastic which may be recycled.
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 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.
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.
Any occupied single or multifamily dwellings having up to
four dwelling units per structure for which the municipality provides
municipal waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled.
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.
A.
The municipality hereby establishes a recycling program for the mandatory
separation and collection of recyclable materials and the separation,
collection and composting of leaf waste from all residences and all
commercial, municipal and institutional establishments located in
the municipality for which waste collection is provided by the municipality
or any other collector. Collection of the recyclable materials shall
be made at least once per month by the municipality, its designated
agent, or any other solid waste collectors operating in the municipality
and authorized to collect recyclable materials from residences or
from commercial, municipal and institutional establishments. The recycling
program shall also contain a sustained public information and education
program.
B.
Specific program regulations are provided as an attachment to this article (§ 234-26). The Board of Commissioners is empowered to make changes to program regulations as necessary, as described in § 234-23. Subsequent changes in the program regulations may be made through approval of the Board of Commissioners and public notice and notification of all affected parties.
A.
All persons who are residents of the municipality shall separate
all of those recyclable materials designated by the municipality from
all other municipal waste produced at their homes, apartments and
other residential establishments, store such materials for collection,
and shall place same for collection in accordance with the guidelines
established hereunder.
(1)
Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in containers
provided by the municipality for collection. Any containers provided
to residences for collection of recyclable materials shall be the
property of the municipality and shall be used only for the collection
of recyclable materials. Any resident who moves within or from the
municipality shall be responsible for returning the allocated container
to the municipality or shall pay the replacement cost of said container.
Use of recycling containers for any purpose other than the designated
recycling program or use of the recycling containers by any person
other than the person allocated such container shall be a violation
of this article.
(2)
An owner, landlord, manager or agent of an owner, landlord or manager
of a multifamily housing property with more than four units may comply
with its recycling responsibilities by establishing a collection system
at each property. The collection system must include suitable containers
for collecting and sorting the recyclable materials, easily accessible
locations for the containers, and written instructions to the occupants
concerning the use and availability of the collection system. Owners,
landlords, managers and agents of owners, landlords or managers who
comply with this article shall not be liable for noncompliance of
occupants of their buildings.
(3)
If recyclable materials are collected by a collector other than the
municipality or its authorized agent, owners, landlords and agents
of owners or landlords shall submit an annual report to the municipality
reporting the tonnage of materials recycled during the previous year.
This requirement may be fulfilled by submission of a letter or form
from the collector which certifies that recyclable materials are being
collected from the multifamily housing property.
B.
All persons must separate leaf waste from other municipal waste generated
at their houses, apartments and other residential establishments for
collection unless those persons have otherwise provided for composting
of leaf waste.
C.
Persons must separate high-grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the municipality generated at commercial, municipal and institutional
establishments and from community activities and store the recyclable
materials until collection. A person may be exempted from this subsection
by:
(1)
Providing for the recycling of high-grade office paper, aluminum,
corrugated paper, leaf waste and other materials deemed appropriate
by the municipality.
(2)
Submitting, at a minimum, an annual recycling report to the governing
body of the municipality. The report shall document the amount of
the municipal waste generated per year as well as the type and weight
of materials that were recycled in the previous calendar year. Valid
documentation shall include information from an end-use, recycler
or waste hauler which describes the type and weight of each recyclable
material that was collected and marketed. Documentation may be in
the form of one of the following: a) copies of weight receipts or
statements which consolidate such information; b) a report from the
provider of recycling collection services which identifies the amount
of each material collected and marketed; the type and weight of recyclables
generated by an individual establishment may be approximated based
on a representative sample of its source-separated materials; c) a
report from the provider of waste collection services that identifies
the type and weight of each recyclable material collected and marketed
in cases where recyclables are co-mingled with the establishment's
waste; the type and weight of recyclables generated by an individual
establishment may be approximated based on a representative sample
of its waste. For Subsection C(2)(b) and (c), where recyclables from
several establishments are collected in the same vehicle, an individual
establishment's contribution to the load may be apportioned.
Only the weight of materials marketed for recycling purposes can be
credited to an establishment.
D.
If recyclable materials are collected by a collector other than the
municipality or its authorized agent, occupants of said establishments
shall submit an annual report to the municipality reporting the type
and weight of materials recycled during the previous calendar year.
This requirement may be fulfilled by submission of a letter or form
from the collector which certifies that recyclable materials are being
collected from the establishment.
E.
All employees, users (patrons), and residents of commercial, municipal
and institutional establishments must be informed of the recycling
program. The education program should describe the program's
features and requirements and should include, at a minimum, an annual
program meeting and an orientation to the program upon the arrival
of a new employee or resident. Receptacles should be clearly marked
with the recycling symbol and the type of recyclable material that
is to be placed in the receptacle, and signs should be prominently
displayed stating the requirements of the program.
F.
Commercial, municipal and institutional establishments which generate
more than 2,200 pounds of municipal waste per month should also implement
a waste minimization opportunity assessment which includes:
(1)
Waste characterization, including source, generation rate, management
techniques, and management costs. The assessment should expressly
consider high-grade office paper, aluminum, corrugated paper, leaf
waste and any other materials generated in significant quantities.
(2)
A description of all possible waste minimization options, including
use and waste reclamation.
(3)
An elevation of the economic and technical feasibility of each option
and a ranking of each option.
(4)
An estimate of the payback period for each feasible option.
(5)
A statement of which options will be implemented, including an explanation
and a timetable.
(6)
Identification of the individual(s) who will be responsible for implementing
the plan.
G.
The waste minimization plan should be periodically updated. Implementation
of the plan should include:
(1)
Recycling or composting of materials to the greatest extent feasible,
either privately or through a municipal recycling program.
(2)
Use, to the greatest extent feasible, of products and materials which
are recyclable or made of post-consumer materials.
(3)
Substitution, to the greatest extent feasible, of durable and reusable
products and materials for products that are not durable or reusable.
(4)
Appropriate education materials and signs should be made available
to employees or the public to encourage participation in recycling
and waste reduction.
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 or the authorized collector, except as otherwise provided by § 234-19 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 Commissioners 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 municipality 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 residence 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 Commissioners or other entity responsible for authorizing
collection of recyclable materials.
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 to be burned in incinerators is prohibited
unless markets do not exist and the collectors or operators have notified
the Township Manager or his designated agent in writing.
A.
The Township Manager or his designated agent 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:
(1)
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.
(2)
Establishing collection procedures for recyclable materials.
(3)
Establishing reporting procedures for amounts of materials recycled.
(4)
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
(5)
Establishing procedures and rules for the collection of leaf waste.
B.
Any person, firm or corporation who shall violate the provisions
of this article shall receive an official written warning of noncompliance
for the first and second offenses. Thereafter, all such violations
shall be subject to the penalties hereinafter provided.
C.
Except as hereinafter provided, any person, firm or corporation who
shall violate any of the provisions of this article shall, upon conviction,
be sentenced to pay a fine of not less than $25 nor more than $300,
and costs of prosecution for each and every offense.
A.
The municipality may enter into agreements with public or private
agencies or firms to authorize them to collect all or part of the
recyclable materials from curbside.
B.
The Township reserves the right and may direct such recyclable materials
to the disposal or transfer site as may be determined by the Township.
The municipality may, from time to time, modify, add to or to remove from the standards and regulations herein and as authorized in § 234-22.
This article shall take effect July 1, 1991, and shall be in
force from and after this date.
These regulations will govern the Township of Robinson Recycling Program as empowered by § 234-16 of this article.
A.
Separation of recyclables by residences and storage and collection.
This section describes what materials will be recycled, how the materials
must be prepared and separated for recycling, where they will be placed
for collection, when they will be collected, and designates responsibility
for ensuring collection of the materials for recycling. A minimum
of three of the following materials and leaf waste must be designated
for the program: clear glass, colored glass, aluminum, steel and bimetal
cans, high-grade office paper, newsprint, corrugated paper and plastics.
Materials other than leaf waste must be collected at least one day
each month. This section should also describe whether or not the materials
are to be co-mingled in one container or segregated into several containers
and the methods for preparing the materials that will be collected.
B.
Separation of recyclables by multifamily housing properties and storage
and collection.
(1)
This section establishes recycling requirements for multifamily dwellings.
It describes what materials are to be separated (see previous subsection)
and designates responsibility for ensuring that the materials are
collected for recycling. Collection for materials other than leaf
waste must be provided at least one day each month.
(2)
The section shall allow an owner, landlord or agent of an owner or
landlord of multifamily housing properties to comply with the requirements
of Act 101 by establishing a collection system for recyclable materials
at each property. The collection system must include suitable containers
for collecting and sorting the materials, easily accessible locations
for the containers, and written instructions to the occupants concerning
use and availability of the collection system. Owners, landlords and
their agents who comply with this section shall not be liable for
the noncompliance of occupants of their buildings.
C.
Separation of recyclables by commercial, municipal and institutional
establishments and at community activities and storage and collection.
This section describes recycling requirements for those establishments
not included in the municipality's residential recycling program.
It describes what recyclable materials are to be separated, including,
at a minimum, high-grade office paper, aluminum, corrugated paper,
and leaf waste. The municipality may add flexibility to the article
for the recycling of additional materials by requiring that additional
material(s) be recycled by these establishments. For instance, if
a restaurant generates glass it may choose to recycle that material;
however, if another type of establishment generates plastic, but not
glass, it may choose to recycle plastic. Proof that those materials
were recycled should be submitted with the annual report. The due
date for that report may be specified in this section as well. This
section also designates responsibility for ensuring that the materials
are collected for recycling. Collection must be provided for materials
other than leaf waste at least one day each month. It also establishes
the annual report to be filed to the municipality by those seeking
exemption from the municipal recycling program [Act 101, § 1501(c)(iii)].
D.
Separation and collection of leaf waste. This section outlines the
municipality's requirements for leaf waste separation, describes
the leaf waste collection program, and designates responsibility for
ensuring that leaf waste is collected for composting. It prohibits
leaf waste from being disposed of in a landfill or resource-recovery
facility and requires that it is composted. Collection shall be scheduled,
as appropriate. For example, the municipality may schedule leaf collection
during October, November and December or may schedule collection in
the spring. The section should contain language that will permit property
owners to compost or otherwise use leaf waste.
E.
Public education program. This section describes the public education
program. It sets the schedule for implementation of the education
program. The municipality must conduct an education program at least
30 days before the initiation of the recycling program and at least
once every six months thereafter. The municipality should also describe
the methods that will be used to inform the public of the recycling
and leaf collection program. For instance, the municipality may place
ads in the newspaper, distribute brochures, leaflets or door hangers
or use radio and TV as vehicles for informing the public. The public
education program should include the requirements of the Recycling
Ordinance and the incentives and penalties set forth in the ordinance.
F.
Changes to the regulations. Changes to the recycling program regulations
will require approval from the Board of Commissioners (administrative
decision, vote at public meeting, resolution, etc., no ordinance change
is needed). Public notice and notification to all affected parties
will be required in advance of any program changes.
