The short title of this article shall be the "Peters Township
Recycling Ordinance," and the same be cited in that manner.
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.
ALUMINUM
Empty all-aluminum beverage cans.
COLLECTOR
The entity or entities authorized by Peters 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.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial
purposes, and those multiple-dwelling residential buildings containing
more than four rental dwelling units.
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.
GOVERNMENTAL ESTABLISHMENT
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including,
but not limited to, hospitals, nursing homes, day-care centers, and
schools.
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 WASTE
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.
NEWSPAPERS
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.
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 municipality 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 municipality
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 municipality or specified
in future revisions to Act 101. The recyclable materials selected
by the municipality may be revised from time-to-time as deemed necessary
by the municipality.
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 owner-occupied single or multifamily dwellings and rental
multifamily dwellings having up to four dwelling units per structure
for which the municipality 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 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.
The municipality 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 municipality for which waste collection is provided by the
municipality or any other collector. Collection of the recyclable
materials shall be made at least once per month by the municipality,
its designated agent, or any other solid waste collectors operating
in the municipality 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.
[Amended 2-12-2001 by Ord. No. 597]
A. All persons who are residents of the municipality shall separate
all of those recyclable materials designated by the municipality 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) Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in containers
approved by the municipality for collection. Any containers provided
by the municipality to residences for collection of recyclable materials
shall be the property of the municipality and shall be used only for
the collection of recyclable materials. Any resident who moves within
or from the municipality shall be responsible for returning the allocated
container(s) to the municipality 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) An owner, landlord, or agent of an owner or landlord of a multifamily
rental 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 and agents of owners or landlords who comply with this article
shall not be liable for noncompliance of occupants of their buildings.
(3) If recyclable materials are collected by a collector other than the
municipality or its authorized agent, owners, landlords and agents
of owners or landlords shall submit an annual report to the municipality
reporting the tonnage of materials recycled during the previous year.
B. 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 the composting
of leaf waste.
C. Persons must separate high-grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the municipality generated at commercial, governmental and institutional
establishments and from community activities and store the recyclable
materials until collection. Recyclable materials will be collected
by a collector other than the municipality or its authorized agent.
Occupants of said establishments shall submit an annual report to
the municipality reporting the tonnage of materials recycled during
the previous year.
All recyclable materials placed by persons for collection by the municipality or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the municipality or the authorized collector, except as otherwise provided by §
363-18 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.
It shall be a violation of this article for any person, firm
or corporation, other than the municipality or one authorized by the
Peters Township Council to collect recyclable materials placed by
residences or commercial, municipal and institutional establishments
for collection by the municipality or an authorized collector. 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 Peters Township 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 collectors or operators have permission
of the Peters Township Council.
The municipality 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.