[Ord. 183, 12/19/1991, § 301]
The Act of July 28, 1988, No. 101, known as the “Municipal
Waste Planning, Recycling and Waste Reduction Act,” provides
that each municipality of the commonwealth shall have the power and
duty to adopt and implement programs for the collection and recycling
of municipal waste or source-separated recyclable materials. Reduction
of the amount of solid waste and conservation of recyclable materials
is an important public concern by reason of the growing problem of
solid waste disposal and its impact on our environment. The Township
has determined that recycling conserves valuable material resources
and energy, promotes greater efficiency in the regional economy and
provides for local employment. Recycling will reduce the overall amount
of solid waste presently generated and thus reduce storage, collection,
transportation and disposal costs.
[Ord. 183, 12/19/1991, § 302]
This Part shall be known and referred to as the "Township of
North Strabane Recycling Ordinance," and the same may be cited in
that manner.
[Ord. 183, 12/19/1991, § 303]
The following words and phrases used throughout this Part shall
have the following meanings:
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The Township of North Strabane Board of Supervisors.
Not exposed to foreign substances or conditions rendering
them unusable for recycling.
The entity or entities authorized by the Township to collect
recyclable materials from residences, or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Township to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than four dwelling units.
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
bulbs, 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.
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.
Public facilities operated by the Township and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semisolid or contained gaseous material,
resulting from the 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. Due to the wide
variety of types of plastics, the Township 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 Township
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 any other items selected by the Township or specified
in future revisions to Act 101. The recyclable materials selected
by the Township may be revised from time to time by resolution of
the Board as deemed necessary or useful by the Township.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of 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-family or multifamily dwellings having
up to four dwelling units per structure for which the Township provides
municipal waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled.
The Township of North Strabane.
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.
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For the purposes of this Part, the singular shall include the
plural, and the masculine shall include the feminine and the neuter.
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[Ord. 183, 12/19/1991, § 304]
The Township of North Strabane hereby establishes a recycling
program for the mandatory separation and collection of recyclable
materials and the separation, collection and/or composting of leaf
waste from all residences and all commercial, municipal and institutional
establishments located in the Township for which waste collection
is provided by the Township or any other collector. Collection of
the recyclable materials shall be made at least once per month by
the Township, its designated agent, or any other solid waste collectors
operating in the Township 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.
[Ord. 183, 12/19/1991, § 305]
1.
All persons who are residents of the Township shall separate all
of those recyclable materials designated by the Township 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 rules and regulations
that may be established hereunder.
A.
Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in containers
provided by the Township for collection. Any excess recyclables that
cannot fit into the container shall be placed in a separate rigid
container not exceeding 32 gallons and shall be clearly marked "RECYCLABLES."
Any containers provided to residences for collection of recyclable
materials shall be the property of the Township and shall be used
only for the collection of recyclable materials at the residence for
which the container is registered. Any such person shall pick up his
or her container at the Township Building and complete the registration
process, if any, therefor. After receipt of the container, such person
shall be responsible for the container and shall pay to the Township
the costs of replacement of any lost, stolen, damaged or vandalized
container. Any resident who moves within or from the Township shall
be responsible for returning the allocated container to the Township
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(s) shall be a violation of this Part. It
shall also be a violation of this Part for any person to take or remove
a container not issued to him from the possession of the person to
whom the container is issued.
B.
An owner, landlord, or agent of an owner or landlord of a multifamily
rental housing property with more than four units shall 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 and agents of owners or landlords who comply with this Part
shall not be liable for noncompliance of occupants of their buildings.
If recyclable materials shall be collected by a collector other than
the Township or its authorized agent, owners, landlords and agents
of owners or landlords shall submit an annual report to the Township
on a form supplied by the Township reporting the tonnage of materials
recycled during the previous year.
2.
All persons must separate leaf waste from other municipal waste generated
at their houses, apartments and other residential establishments for
collection and/or composting unless those persons have otherwise provided
for composting of leaf waste.
3.
Persons must separate high-grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the Township 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
if that person submits documentation to the Township annually indicating
that the designated recyclable materials are being recycled in an
appropriate manner. If recyclable materials shall be collected by
a collector other than the Township or its authorized agent, occupants
and/or owners of said establishments shall submit an annual report
to the Township reporting the weight of materials recycled during
the previous year.
4.
All persons shall pay the hauler of their recyclables unless otherwise
provided for by the Township.
[Ord. 183, 12/19/1991, § 306]
All recyclable materials placed by persons for collection by
the Township or authorized collector pursuant to this Part shall,
from the time of placement at the curb or at other collection point,
become the property of the Township or the authorized collector, except
as otherwise provided by § 308 of this Part. Nothing in
this Part shall be deemed to impair the ownership of separated recyclable
materials by the generator unless and until such materials are placed
at the curbside or at another collection point for collection.
[Ord. 183, 12/19/1991, § 307]
It shall be a violation of this Part for any person, firm or
corporation, other than the Township or one authorized by the Board
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 Township or an authorized collector, unless such person, firm
or corporation has prior written permission from the Township to make
such collection. In violation hereof, unauthorized collection from
one or more residences or commercial, municipal and institutional
establishments on one day shall constitute a separate and distinct
offense punishable as herein provided.
[Ord. 183, 12/19/1991, § 308; as amended by Ord.
193, 12/14/1993, § 1]
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 within the Township prior to written
permission from the Board or other entity responsible for authorizing
collection of recyclable materials to make such a collection, and
further provided that any such donation or sale shall not exempt any
such donor or seller from paying fees to the hauler licensed as contracted
by the Township. The Township Manager, at his sole discretion, may
require verification under oath of any such recycling by either the
recipient or generator of such recyclable material.
[Ord. 183, 12/19/1991, § 309]
Disposal by persons of recyclable materials with all other wastes
is prohibited and shall be a violation of this Part. The collected
recyclable materials shall be taken to a recycling facility by collectors.
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 Board in writing.
[Ord. 183, 12/19/1991, § 310; as amended by Ord.
240, 10/28/1997]
1.
The Board is hereby authorized to make, by resolution, reasonable
rules and regulations for the operation and enforcement of this Part
as deemed necessary or useful, including, but not limited to:
A.
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.
B.
Establishing collection procedures for recyclable materials.
C.
Establishing reporting procedures for amounts of materials recycled.
D.
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
E.
Establishing procedures and rules and for the separation, collection
and/or composting of leaf waste.
2.
The Township Manager or his designee is authorized to take such measures
as may be required or helpful to verify compliance or noncompliance
with this Part and Parts 1 and 2 of this chapter. Such measures shall
include, but are not limited to, inspection of recycling and solid
waste containers.
3.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a District
Justice in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine in accordance with the following schedule:
A.
First offense: $50;
B.
Second offense: $100;
C.
Third offense: $250;
D.
Fourth offense: $500;
E.
Fifth offense: $750;
F.
Sixth offense and each and every offense thereafter: $1,000;
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plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
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4.
The Township or its collector reserves the right not to collect municipal
waste containing recyclable materials in combination with nonrecyclable
materials.
[Ord. 183, 12/19/1991, § 311]
The Township 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.
[Ord. 183, 12/19/1991, § 313]
The Township may, from time to time, modify, add to or remove
from the standards and regulations herein and as authorized in § 310.
