[Adopted 8-7-1990 by Ord. No. 964 (Ch. 20, Part 2, of the
1999 Code of Ordinances)]
The short title of this article shall be the "Borough of West
Mifflin Recycling Ordinance" and may be cited in that manner.
[Amended 3-16-1999 by Ord. No. 1094]
The following words and phrases used throughout this article
shall have the following meanings:
The Municipal Waste Planning, Recycling, and Waste Reduction
Act of 1988, and any amendments thereto, 53 P.S. § 4000.101
et seq.
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the Borough of West
Mifflin to collect recyclable materials from residences or authorized
by commercial, municipal and institutional establishments that do
not receive collection services from the Borough of West Mifflin 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 that 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
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.
Includes, but is not 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 structure.
Public facilities operated by the Borough of West Mifflin
and other governmental and quasi-governmental authorities.
The Borough of West Mifflin.
Paper of the type commonly referred to as "newspaper" 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 of color 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 Borough of West Mifflin 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 Borough
of West Mifflin 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 Borough of West Mifflin
or specified in future revisions to Act 101. The recyclable materials
selected by the Borough of West Mifflin may be revised from time to
time as deemed necessary by the Borough of West Mifflin.
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-family or multifamily dwellings having
up to four dwelling units per structure for which the Borough of West
Mifflin 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 otherwise
disposed. The term does not include source-separated recyclable materials
or materials approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
A.Â
The Borough of West Mifflin hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from the residences and all commercial, municipal and institutional establishments located in the Borough of West Mifflin for which waste collection is provided by the Borough of West Mifflin or any other collector. Collection of the recyclable materials shall be made at least once per month by the Borough of West Mifflin, its designated agent, or any other solid waste collectors operating in the Borough of West Mifflin 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. Specific program regulations are provided as an attachment to this article. The Council is empowered to make changes to program regulations as necessary, as described in § 235-15. Subsequent changes in the program regulations may be made through approval of the Council and public notice and notification of all affected parties.
B.Â
This article is ordained pursuant to the authority granted the Borough
of West Mifflin by the Municipal Waste Planning, Recycling, and Waste
Reduction Act, Act of July 28, 1988, P.L. 556, No. 101, and the Borough
Code, Act of February 1, 1966, P.L. (1965) 1656, No. 581, § 101
et seq., as amended.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq. and
53 P.S. § 45101 et seq., respectively.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article.
A.Â
All persons who are residents of the Borough of West Mifflin shall
separate all of those recyclable materials designated by the Borough
of West Mifflin 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)Â
Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in containers
provided by the Borough of West Mifflin for collection. Any containers
provided to residences for collection of recyclable materials shall
be the property of the Borough of West Mifflin and shall be used only
for the collection of recyclable materials. Any resident who moves
within or from the Borough of West Mifflin shall be responsible for
returning the allocated container(s) to the Borough of West Mifflin
or shall pay the replacement cost of said container(s). 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 article.
(2)Â
Any owner, landlord, manager, or agent of any owner or 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 or landlords
and managers who comply with this article shall not be liable for
noncompliance of occupants of their buildings.
(3)Â
If recyclable materials are collected by a collector other than the
Borough of West Mifflin or its authorized agent, owners, landlords
and agents of owners or landlords shall submit an annual report to
the Borough of West Mifflin reporting the tonnage of materials recycled
during the previous years.
B.Â
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.Â
Persons must separate high-grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the Borough of West Mifflin 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)Â
Providing for the recycling of high-grade office paper, aluminum,
corrugated paper, leaf waste and other materials deemed appropriate
by the Borough of West Mifflin.
(2)Â
Submitting, at a minimum, an annual recycling report to Council of
the Borough of West Mifflin. The report shall document the amount
of 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.
(a)Â
Documentation may be in the form of one of the following:
[1]Â
Copies of weight receipts or statements which consolidate such
information.
[2]Â
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.
[3]Â
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 commingled with the establishment's
waste.
(b)Â
The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of waste. For Subsection C(2)(a)[2] and [3], 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.
(3)Â
If recyclable materials are collected by a collector other than the
Borough of West Mifflin or its authorized agent, occupants of said
establishments shall submit an annual report to the Borough of West
Mifflin 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.
(4)Â
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.
(5)Â
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:
(a)Â
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.
(b)Â
A description of all possible waste minimization options, including
use and waste reclamation.
(c)Â
An evaluation of the economic and technical feasibility of each
option and a rating of each option.
(d)Â
An estimate of the payback period for each feasible option.
(e)Â
A statement of which options will be implemented, including
an explanation and a timetable.
(f)Â
Identification of the individual(s) who will be responsible
for implementing the plan.
(6)Â
The waste minimization plan should be periodically updated. Implementation
of this plan should include:
(a)Â
Recycling or composting of materials, to the greatest extent
feasible, either privately or through a municipal recycling system.
(b)Â
Use, to the greatest extent feasible, of products and materials
which are recyclable or made of post-consumer materials.
(c)Â
Substitution, to the greatest extent feasible, of durable and
reusable products and materials for products that are not durable
or reusable.
(d)Â
Appropriate education materials and signs which 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 Borough of West Mifflin or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Borough of West Mifflin or the authorized collector, except as otherwise provided in § 235-13 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; provided, however, all recyclable material is to be in the required container or bag for collection, and it remains the duty of the person to recollect any recyclable material which, by accident or otherwise, has become dislodged from said container or bag.
It shall be a violation of this article for any person, firm
or corporation, other than the Borough of West Mifflin or one authorized
by Council of the Borough of West Mifflin 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 Borough of West Mifflin 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 residences
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 Borough Council or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
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 Building Officer and Ordinance Officer.
[Amended 3-16-1999 by Ord. No. 1094; 4-17-2007 by Ord. No. 1144]
A.Â
The enforcing entity 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)Â
Establishing recyclable materials to be separated for the collection
and recycling by residences, and additional recyclable materials to
be separated by commercial, municipal and institutional establishments.
(2)Â
Establishing collection procedures for recyclable materials.
(3)Â
Establishing reporting procedures for amounts of materials recycled.
(4)Â
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
(5)Â
Establishing procedures and rules for the collection of leaf waste.
B.Â
Attached hereto and marked "Exhibit A"[1] and incorporated herein as if fully set forth are the
initial regulations of the recycling program regulations of the Borough
of West Mifflin.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
C.Â
The Borough of West Mifflin reserves the right not to collect municipal
waste containing recyclable materials in combination with nonrecyclable
materials.
The Borough of West Mifflin 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.
The Borough of West Mifflin may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 235-15. All such subsequent modifications shall be done administratively.
[Added 4-17-2007 by Ord. No. 1144]
A.Â
Any person who shall violate § 235-12, Collection by unauthorized persons, of this article shall, upon conviction, be sentenced to pay a fine of $100 and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
B.Â
Any person, firm or corporation who shall violate § 235-10, Separation and collection, of this article shall receive an official written warning of noncompliance by the enforcing entity for the first offense. Thereafter, all such violations shall be sentenced to pay a fine of not less than $100 nor more than $1,000, and costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
