[Adopted 10-16-1990 by Ord. No. 1191]
The short title of this article shall be the "Borough of Avalon
Recycling Ordinance," and the same may be cited in that manner.
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.[1]
All empty aluminum beverage or food cans.
Empty food and beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the municipality to
collect recyclable materials from residences, authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the municipality to collect recyclable materials from
those properties.
Those properties used primarily for commercial or industrial
purposes, and those multiple dwelling residential buildings containing
four or more dwelling units.
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 municipality 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 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 plan, wastewater treatment plan, wastewater
treatment plan or air pollution control facility. The term does not
include source-separated recyclable materials.
The Borough of Avalon.
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 that have been soiled, color 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.
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.
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.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastic 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 or multifamily dwellings having less
than four dwelling units per structure for which the municipality
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 is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the PA Department of Environmental Protection
for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
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 collects 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.
B.
Specific program regulations are provided as an attachment to this article. The Borough Council is empowered to make changes to program regulations as necessary, as described in § 345-19. Subsequent changes in the program regulations may be made through approval of the Borough Council and public notice and notification of all affected parties.
C.
This article is ordained by the Council of the Borough of Avalon
by and with the authority of the same.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article.
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
provided by the municipality for collection. Any containers provided
to residences for collection of recyclables 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 four or more units may comply with its
recycling responsibilities establishing a collection system at each
property. The collection system must include suitable containers for
collecting and sorting the recyclable materials, 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.
B.
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,
said report to be filed with the Borough Manager of the Borough of
Avalon on or before January 10 of each year.
C.
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.
D.
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, municipal and institutional
establishments and from community activities and store the recyclable
materials until collection. A person may be exempted from this subsection
if that person submits documentation to the municipality annually
indicating that the designated recyclable materials are being recycled
in an appropriate manner.
E.
If recyclable materials are collected by a collector other than the
municipality or its authorized agent, occupants of said establishments
shall submit an annual report to the municipality the tonnage of materials
recycled during the previous year. Said annual report shall be filed
with the Borough Manager of the Borough of Avalon on or before January
10 of each year.
All recyclable material 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 § 345-17 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
Borough Council to collect recyclable materials placed by residences
or commercial, municipal and institutional establishments 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 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 designated by the
Borough of Avalon. Disposal by collectors or operators of recycling
facilities of source-separated recyclable materials in landfills or
to be burned in incinerators is prohibited and shall be a violation
of this article. The collected recyclable materials shall be taken
to a recycling facility designated by the Borough of Avalon. 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 Borough Manager of the Borough of Avalon in writing.
A.
The Borough Manager 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 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.
Any person, firm or corporation who shall violate the provisions
of this article shall receive an official written warning of noncompliance
for the first offense. Thereafter all such violations shall be subject
to the penalties hereinafter provided.
C.
Except as hereinafter provided, any person who violates or permits
a violation of this article shall, upon being found liable therefor,
pay a fine of not more than $600, plus court costs and reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings.
If the penalty is not paid, the Borough shall initiate a civil action
for collection in accordance with the Pennsylvania Rules of Civil
Procedure. Each day a violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The municipality reserves the right not to collect municipal waste
containing recyclable materials in combination with nonrecyclable
materials.
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.
The municipality may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 345-19.
