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:
ACT 101
The Municipal Waste Planning, Recycling, and Waste Reduction
Act of 1988, and any amendments thereto, 53 P.S. § 4000.101
et seq.
ALUMINUM
All empty aluminum beverage or food cans.
COLLECTOR
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.
COMMUNITY ACTIVITIES
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.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
GLASS 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.
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, including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
LEAD ACID BATTERIES
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues,
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.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the Borough of West Mifflin
and other governmental and quasi-governmental authorities.
NEWSPAPER
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.
PERSON(S)
Owners, lessees, and occupants of residences and commercial,
municipal and institutional establishments.
PLASTIC CONTAINERS
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.
RECYCLABLE MATERIALS
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.
RECYCLING
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.
RESIDENCES
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.
WASTE
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.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article.
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. 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) 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) 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. Attached hereto and marked "
Exhibit A" and incorporated herein as if fully set forth are the
initial regulations of the recycling program regulations of the Borough
of West Mifflin.
C. 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. 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. 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.