[Ord. 602, 8/6/1990, § 1]
The short title of this Part shall be "the Township of Elizabeth
Recycling Ordinance," and the same may be cited in that manner.
[Ord. 602, 8/6/1990, § 2; as amended by Ord. 868,
1/4/2010]
The following words and phrases used throughout this Part shall
have the following meanings:
The Municipal[1] Waste Planning, Recycling and Waste Reduction Act of 1988.
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the Township to collect
recyclable materials from residences, or authorized by commercial,
Township 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.
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 Township 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.
Include but are 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.[2]
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.
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 in a color other than black
and white often included with newspapers.
Owners, lessees, and occupants of residences and commercial,
Township and institutional establishments.
Plastic materials that are:
Number 1 plastics, such as soda and water bottles, medicine
containers and many other common consumer product containers made
of polyethylene terephthalate (PETE).
Number 2 plastics, such as laundry detergent and bleach containers
as well as milk, shampoo and motor oil containers made of high-density
polyethylene plastics.
Plastics are being incorporated with the plastic type number
located in a recycling symbol located on the bottom of the container.
We accept No. 1 and No. 2 types.
Materials generated by residences and commercial, Township
and institutional establishments which are specified by the Township
and can be separated from Township 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 bi-metallic 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 as deemed necessary
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 Township waste or the
mechanized separation and treatment of Township 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
waste collection service.
The Township of Elizabeth.
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, Township, 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 Township, commercial or institutional
water supply treatment plant, wastewater treatment plan or air-pollution
control facility. The term does not include source-separated recyclable
materials.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or so otherwise
disposed. The term does not include source-separated recyclable materials
or materials approved by the Pennsylvania Department of Environmental
Resources for beneficial use.
[Ord. 602, 8/6/1990, § 3]
The Township 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, Township 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, Township and institutional establishments. The recycling
program shall also contain a sustained public information and education
program. Specific program regulations are provided in Part 3B of this
Chapter. The Board of Commissioners is empowered to make changes to
program regulations as necessary, as described in § 310.
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.
[Ord. 602, 8/6/1990, § 4]
Disposal by persons of lead-acid batteries with other Township
wastes is prohibited and shall be a violation of this Part.
[Ord. 602, 8/6/1990, § 5]
1.
All persons who are residents of the Township shall separate all
of those recyclable materials designated by the Township from all
other Township waste produced at their homes, apartments and other
residential establishments, shall store such materials for collection,
and shall place same for collection in accordance with the guidelines
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 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. Any resident who moves within or from the Township shall
be responsible for returning the allocated container(s) to the Township
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 Part.
B.
An owner, landlord, manager, or agent of an 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 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 Part, shall not be liable for noncompliance of
occupants of their buildings.
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If recyclable materials are 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
reporting the tonnage of materials recycled during the previous year.
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2.
All persons must separate leaf waste from other Township waste generated
at their houses, apartments, and other residential establishments
for collection 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, Township and institutional establishments
and from community activities and store the recyclable materials until
collection.
A.
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 Township.
(2)
Submitting, at a minimum, an annual recycling report to the
Board of Commissioners of the Township. The report shall document
the amount of Township 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 any 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; or
(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 commingled 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 3A(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.
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If recyclable materials are collected by a collector other than
the Township or its authorized agent, occupants of said establishments
shall submit an annual report to the Township 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.
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All employees, users (patrons), and residents of commercial,
Township 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.
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Commercial, Township and industrial establishments which generate
more than 2,200 pounds of Township waste per month should also implement
a waste minimization opportunity assessment which includes:
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(a)
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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.
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(b)
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A description of all possible waste minimization options, including
use and waste reclamation.
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(c)
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An evaluation of the economic and technical feasibility of each
option and a ranking of each option.
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(d)
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An estimate of the payback period for each feasible option.
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(e)
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A statement of which options will be implemented, including
an explanation and a timetable.
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(f)
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Identification of the individual(s) who will be responsible
for implementing the plan.
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The waste minimization plan should be periodically updated.
Implementation of the plan should include:
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(a)
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Recycling or composting of materials, to the greatest extent
feasible, either privately or through a Township recycling program.
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(b)
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Use, to the greatest extent feasible, or products and materials
which are recyclable or made of postconsumer materials.
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(c)
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Substitution, to the greatest extent feasible, of durable and
reusable products and materials for products that are not durable
or reusable.
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(d)
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Appropriate education materials and signs should be made available
to employees or the public to encourage participation in recycling
and waste reduction.
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[Ord. 602, 8/6/1990, § 6]
All recyclable materials placed by persons for collection by
the Township or authorized collector pursuant to this Part shall,
from time of placement at the curb, 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 for collection.
[Ord. 602, 8/6/1990, § 7]
It shall be a violation of this Part for any person, firm or
corporation, other than the Township or one authorized by the Board
of Commissioners, to collect recyclable materials placed by residences
or commercial, Township and institutional establishments for collection
by the Township 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, Township and institutional
establishments on one calendar day shall constitute a separate and
distinct offense punishable as hereinafter provided.
[Ord. 602, 8/6/1990, § 8]
Any residence or commercial, Township 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, Township or
institutional establishment without prior written permission from
the Board of Commissioners or other entity responsible for authorizing
collection of recyclable materials to make such a collection.
[Ord. 602, 8/6/1990, § 9]
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this Part. 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 in writing.
[Ord. 602, 8/6/1990, § 10]
1.
The Township is hereby authorized and directed to make reasonable
rules and regulations for the operation and enforcement of this Part
as deemed necessary, 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, Township 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 for the collection of leaf waste.
2.
Any person, firm or corporation who shall violate the provisions
of this Part 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.
3.
Except as hereinafter provided, any person, firm or corporation who
shall violate any of the provisions of this Part shall, upon the first
conviction, be sentenced to pay a fine of not less than $100 plus
costs of prosecution; upon conviction of a second offense, the fine
shall be $300 plus costs of prosecution; upon conviction of a subsequent
offense, the fine shall be $1,000.
4.
The Township reserves the right not to collect Township waste containing
recyclable materials in combination with nonrecyclable materials.
[Ord. 602, 8/6/1990, § 11]
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. 602, 8/6/1990, § 13]
The Township may, from time to time, modify, add to or remove
from the standards and regulations herein and as authorized in § 310.
[Ord. 602, 8/6/1990]
1.
The following materials and leaf waste are designated for the recycling
program: clear glass, colored glass, aluminum, tin and bi-metal cans.
Materials will be commingled in one container provided by the Township
and placed at curbside. The Township of Elizabeth will provide biweekly
collection on designated scheduled days.
[Ord. 602, 8/6/1990]
1.
The following materials and leaf waste are designated for the recycling
program: clear glass, colored glass, aluminum, tin and bi-metal cans.
2.
In those multifamily housing properties where the Township regularly
picks up household waste, the Township of Elizabeth will provide biweekly
collection on designated schedule days. Materials will be properly
prepared for pickup as stated above. Items will be commingled in one
container provided by the Township and placed at curbside and/or disposed
of in designated dropoff containers on site.
3.
An owner, landlord or agent of an owner or landlord of multifamily
housing properties shall 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 or their buildings.
[Ord. 602, 8/6/1990]
1.
Commercial, Township and institutional establishments must develop
a system for separating the following materials from wastes and storing
them until collected by their designated agency/firm: high-grade office
paper, corrugated paper, aluminum, leaf waste, and clear glass (if
establishment generates).
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Note: 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 must be submitted with the annual report
outlining the number of tons recycled.
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2.
The Township of Elizabeth requires that all establishments complete
reporting forms supplied by the Township on an annual basis in order
to enable the Township to prepare state-mandated recycling reports
to Allegheny County. An outline of the information needed will be
supplied to establishments with the forms. The penalty for violation
of any of the provisions of the Township Recycling Ordinance shall,
upon conviction, result in a fine of not less than $100 plus costs
of prosecution; upon conviction of a second offense, the fine shall
be $300 plus costs of prosecution. Upon conviction of a subsequent
offense, the fine shall be $1,000.
[Ord. 602, 8/6/1990]
Leaf waste cannot be disposed of in a landfill or resource-recovery
facility and must be composted. Collection shall be scheduled as appropriate.
Elizabeth Township will collect leaf waste during October, November
and December or may schedule collection in the Spring. Property owners
are permitted to compost or otherwise use leaf waste.
[Ord. 602, 8/6/1990]
Group for Recycling in PA. (GRIP) will handle the educational
program for Elizabeth Township and will assist in notification to
residents and establishments at least 30 days before the initiation
of the recycling program and at least once every six months thereafter.
Town meetings will be arranged; assistance in meeting with citizens
committee and special events consulting will be available. Elizabeth
Township will place ads in the newspaper and distribute brochures,
informing the public. The public education program will include the
requirements of this Part and the incentives and penalties set forth
in the Part.
[Ord. 602, 8/6/1990]
Changes to the recycling program regulations may be instituted
by adoption of a formal Township resolution without the necessity
of ordinance amendment.
