[Ord. 595, 8/12/1991, § 1; as amended by Ord. 741,
12/30/2002, § 1]
The short title of this Part shall be the "Borough of Jefferson
Hills Recycling Ordinance," and the same may be cited in that manner.
[Ord. 595, 8/12/1991, § 11; as amended by Ord.
685, 5/11/1998; and by Ord. 741, 12/30/2002, § 1]
The following words and phrases used throughout this Part 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, and cans commonly referred to as tin cans.
The Borough of Jefferson Hills.
The entity or entities authorized by the Borough of Jefferson
Hills to collect recyclable materials from residences, or authorized
by commercial, municipal and institutional establishments that do
not receive collection services from the Borough 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 materials with an inner core shaped in rigid
parallel furrows and ridges.
The Borough Council of the Borough of Jefferson Hills.
Empty steel or tin coated food or beverage containers.
Bottles and jars made of clear, green or brown/amber 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 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.
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 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 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, colored 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, whether individuals, corporations
and any other legal entities.
Any container used for carrying, storing or disposing of
groceries, wearing apparel, other retail/wholesale purchased items
and yard waste.
Containers used for soft drinks.
Containers used for milk, clothes and dish washing soaps
and other cleaning products.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Borough
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 or specified
in future revisions to Act 101. The recyclable materials selected
by the Borough may be revised from time to time as deemed necessary
by the Borough.
The collection, separation, recovery and sale or use 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.
All materials discarded as useless by a resident of the Borough
of Jefferson Hills and placed at the curb for collection by the collector
authorized by and contracted to the Borough of Jefferson Hills.
Any occupied single or multifamily dwellings for which the
Borough provides municipal waste collection service.
The unauthorized and uncontrolled sorting, removal, reclamation
or disturbance of refuse materials placed at the curb for collection.
The Secretary/Treasurer of the Borough of Jefferson Hills.
Those materials separated at the point of origin for the
purpose of being recycled.
An unseparated mix of all recyclable grades and types of
paper items used in offices for which one unit price is offered by
a recycling broker or market.
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.
[Ord. 595, 8/12/1991, § III]
1.
The Borough 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 Borough for which waste collection is provided by the Borough
or any collector. Collection of the recyclable materials shall be
made at least once per month by the Borough, its designated agent
or any other solid waste collectors operating in the Borough 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.
2.
Specific program regulations are provided as an attachment to this Part. The Borough Council is empowered to make changes to program regulations as necessary, as described in § 20-210. Subsequent changes in the program regulations may be made through approval of Borough Council and public notice and notifications of all affected parties.
3.
This Part is ordained pursuant to the Borough Code of the Commonwealth
of Pennsylvania.
[Ord. 595, 8/12/1991, § IV]
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this Part.
[Ord. 595, 8/12/1991, § V; as amended by Ord. 598,
10/14/1991, §§ 1, 2; and by Ord. 685, 5/11/1998]
1.
All persons who are residents of the Borough shall separate all of
those recyclable materials designated by the Borough 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.
A.
Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in containers
provided by the Borough for collection. Any containers provided to
residences for collection of recyclable materials shall be the property
of the Borough and shall be used only for the collection of recyclable
materials. Any resident who moves within or from the Borough shall
be responsible for returning the allocated container(s) to the Borough,
in a clean condition, or shall pay the replacement cost, in an amount
to be established from time to time by resolution of Borough Council.
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. Residents may, if necessary, purchase additional containers
for recyclable materials. Any such container must bear the recycling
logo label.
B.
If recyclable materials are collected by a collector other than the
Borough or its authorized agent, owners, landlords and agents of owners
or landlords shall submit an annual report to the Borough 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
multifamily housing property; provided the collector submits an annual
report indicating the tonnage of materials recycled during the previous
year from all such properties in the Borough.
2.
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.
3.
Persons must separate aluminum, leaf waste, clear, green and brown/amber
glass, bimetal containers, PET plastic containers, HDPE plastic containers
and such other materials as may be designated by the Borough 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:
A.
Providing for the recycling of high grade office paper, aluminum,
corrugated paper, leaf waste, clear, green and brown/amber glass and
other materials deemed appropriate by the Borough.
B.
Submitting, at a minimum, an annual recycling report to the Secretary/Treasurer
of the Borough. 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 materials 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 width of recyclable 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 recyclable
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 (b) and (c), where
recyclables from several establishments are collected in the same
vehicles, 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; provided, the collector
submits an annual report indicating the tonnage of materials recycled
during the previous year from all such properties in the Borough.
4.
All recycling collection activity shall be conducted from Monday
through Friday between the hours of 6:00 a.m. and 5:00 p.m. or on
Saturdays between the hours of 6:00 a.m. and 5:00 p.m., unless prior
approval or any exception has been granted by the Borough. No collection,
hauling or transporting of recyclables shall be permitted on Sunday.
[Ord. 595, 8/12/1991, § VI]
All recyclable materials placed by persons for collection by the Borough or authorized collector pursuant to this Part shall, from time of placement at the curb, become the property of the Borough or the authorized collector, except as otherwise provided by § 20-208 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. 595, 8/12/1991, § VII]
1.
It shall be a violation of this Part for any person, firm or corporation,
other than the Borough or one authorized by the Borough or other entity
responsible for providing for collection of recyclable materials placed
by residences or commercial, municipal and institutional establishments
for collection by the Borough 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.
[Ord. 595, 8/12/1991, § VIII]
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 or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
[Ord. 595, 8/12/1991, § IX; as amended by Ord.
598, 10/14/1991, § 3]
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.
[Ord. 595, 8/12/1991, §X; as amended by Ord. 685, 5/11/1998]
1.
The Borough
Council or Council's designee is hereby authorized and directed to
make reasonable rules and regulations for the operation 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, municipal and institutional establishments.
B.
Establishing
collection procedures for recyclable materials.
C.
Establishing
reporting procedures for the amount 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 offense. 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 conviction
thereof, be sentenced to a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days; provided that each day's violation shall
constitute a separate offense and notice to the offender shall not
be necessary in order to constitute an offense. In the event that
such claims for fines and penalties exceed the monetary jurisdiction
of a Magisterial District Judge as set forth in the Pennsylvania Judicial
Code (relating to jurisdiction and venue), exclusive of interest,
costs or other fees, the Borough may bring such action in the Court
of Common Pleas or may, pursuant to the Pennsylvania Judicial Code,
waive that portion of fines or penalties that exceeds the monetary
jurisdictional limits so as to bring the matter within the monetary
jurisdiction of the Magisterial District Judge. Prosecution under
this Part shall not prevent or prohibit prosecution of an offender
under any state law or laws, and such prosecution shall be in addition
to and not in lieu of prosecution under this Part.
[Amended by Ord. 844, 9/8/2014]
4.
The Borough
reserves the right not to collect municipal waste containing recyclable
materials in combination with nonrecyclable materials or not to collect
municipal waste from any residence not being registered as having
obtained a Borough recycling container.
[Ord. 595, 8/12/1991, § XI]
The Borough 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.
