[Ord. 498, 12/7/2015]
1.
Short Title. This Part shall be known as the "Township of West Lebanon
Recycling Ordinance," and the same may be cited in that manner.
2.
Purpose. The Township of West Lebanon, recognizing that reclamation
of recyclable materials has become an important method for addressing
the growing solid waste disposal problem through conservation of landfill
space, preservation of natural resources, and a reduction in energy
consumption, does hereby authorize the storage, collection, and transportation
or recyclable materials in accordance with the provisions of the Municipal
Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101
et seq. (No. 101), the Lebanon County Solid Waste Management Plan,
and this Part. This Part is intended to be an integral part of an
overall system designed to facilitate recycling and foster the cooperation
of residents.
[Ord. 498, 12/7/2015]
The following words and phrases, when used in this Part, shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
Empty all-aluminum beverage and food containers.
The Greater Lebanon Refuse Authority.
Empty metal beverage or food containers consisting of steel
and aluminum.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, and theaters. For the purposes of this
agreement, multifamily dwellings, townhouses, mobile home parks, hotels,
motels, mixed-use properties (combined business/residential on a single
parcel), and farms which use commercial dumpsters shall be considered
commercial establishments. It does not include properties where the
primary permitted use is residential and the accessory use is commercial
(i.e., home occupations).
Church, school, civic, service group, and municipal functions
and all other such functions.
A person who has obtained a commercial license to operate
a refuse removal service in Lebanon County to collect, transport,
and/or dispose of municipal solid waste, recyclable materials and
bulk waste from residential, commercial, industrial, and institutional
establishments. (The term may be applied to a person having the exclusive
right to collect within the Township.)
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
The owner of any residential, commercial, industrial, or
institutional property located within the Township.
An agent, such as the Greater Lebanon Refuse Authority, acting
on behalf of a municipality, whose powers and responsibilities are
established in the Lebanon County Solid Waste Management Plan and
the Lebanon County License Agreement administered by the Greater Lebanon
Refuse Authority.
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
One or more rooms on premises which have cooking facilities
and are arranged for occupancy by one person, two or more persons
living together, or one family.
The official designated herein or otherwise charged with
the responsibilities of administering this Part, or the official authorized
representative.
Bottles and jars made of clear, green or amber glass. Expressly
excluded are noncontainer glass, automobile glass, plate glass, blue
glass, lead crystal, and porcelain and ceramic products.
Plastic bottles and jars made exclusively from noncolored
high-density polyethylene, such as milk and water jugs.
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional, and municipal establishments.
Any establishment engaging in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, and refineries.
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities.
Shall include, but not be limited to, automotive, truck,
and industrial batteries that contain lead.
Leaves from trees, bushes, and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
Any garbage, refuse, industrial lunchroom, or office waste
and any other material including solid waste, liquid, semisolid or
contained gaseous materials resulting from the operation of residential,
municipal, commercial, industrial, 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,
35 P.S. § 6018.101 et seq., from a municipal, commercial,
industrial, or institutional water supply treatment plant, wastewater
treatment plant, or air-pollution control facilities (53 P.S. § 4000.103).
All 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 are wet, yellowed, or soiled.
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Plastic soda bottles composed of the polymer PET.
Source-separated recyclable materials, including materials
listed in Section 1501 of Act 101, 53 P.S. § 4000.1501,
and materials identified by the municipality to be recycled.
See "dwelling unit."
Empty all-steel food and beverage containers.
The governmental jurisdiction and legal entity of the Township
of West Lebanon, Lebanon County, Pennsylvania.
[Ord. 498, 12/7/2015]
Those recyclable materials separated under the provisions of
this Part shall not be considered municipal waste and shall not be
subject to provisions of Township ordinances which require disposal
of municipal solid waste at the Greater Lebanon Refuse Authority facilities
by a hauler licensed by the county's designated agent, the Greater
Lebanon Refuse Authority.
[Ord. 498, 12/7/2015]
The Township hereby establishes a program for the mandatory
separation of recyclables from municipal waste by residential dwellings
and commercial, industrial, and institutional establishments.
[Ord. 498, 12/7/2015]
All recyclable materials generated within the Township shall be collected by a refuse hauler who is licensed in Lebanon County and a contracted collector. Commercial, industrial, and institutional establishments may utilize an individual recycling program in conformance with § 20-206.
[Ord. 498, 12/7/2015]
1.
Commercial, industrial, and institutional establishments conducting
their own recycling programs, not in conjunction with a licensed hauler
for the collection of municipal waste and recyclables, shall file
with the Township or its designated agent and have approved by the
Township or its designated agent plans for individual recycling programs
which provide for, at a minimum, the recycling of items listed in
rules and regulations for the recycling program.
2.
In addition to filing an individual recycling plan, commercial, industrial,
and institutional customers who choose to establish an individual
recycling program are required to submit annually to the Township
or its designated agent weigh slips or other certifications which
show the weight and type of material recycled by that establishment.
If weigh slips are not used, the form of certification requires the
prior approval of the Township or its designated agent. The required
information is due as of the end of each calendar quarter and shall
be presented to the Township within 30 days after the end of each
quarter.
3.
An individual recycling plan for commercial, industrial, or institutional
establishments shall provide the following information:
A.
Applicant's company name, address, telephone number, contact
person and owner's name.
B.
Company name, address, telephone number, and contact person for entity
providing the recycling service.
C.
Description of materials to be recycled, frequency of collection,
method of storage and how service will be provided.
D.
Form of certification to assure proper disposal of recyclable materials.
E.
Municipality in which the establishment is located.
F.
Other information as may be required by the Township or its designated
agent which is intended to assure the proper disposal of recyclable
materials.
[Ord. 498, 12/7/2015]
The Township or its designated agent shall establish and promulgate
regulations on the manner, days, and time of collection of recyclable
materials and for the bundling, handling, location, and time of placement
of such materials for collection. Regulations shall be promulgated
for each of the programs undertaken for residential dwelling units
and commercial, industrial, and institutional establishments.
[Ord. 498, 12/7/2015]
1.
Lead-Acid Batteries. No person shall place a used lead-acid battery
in mixed municipal solid waste or discard or otherwise dispose of
a lead-acid battery except by delivery to an automotive battery retailer
or wholesaler, to a secondary lead smelter permitted by the Environmental
Protection Agency, or to a collection or recycling facility authorized
under the laws of the Commonwealth of Pennsylvania.
[Ord. 498, 12/7/2015]
1.
It is understood that any recyclable materials located at the curbline
are the property of the Township. It is further understood that any
recyclable materials deposited at dropoff sites, or in storage bins
associated with residential dwellings or commercial, municipal, industrial,
and institutional establishments, are the property of the owner. Recyclable
materials deposited in containers owned by the Greater Lebanon Refuse
Authority are the property of the Authority.
2.
It shall be a violation of this Part for any person(s) to collect or remove or cause to be collected or removed any such recyclable materials specified by the Township rules and regulations unless authorized by the Township or its designated agent. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as outlined in § 20-212 of this Part.
[Ord. 498, 12/7/2015]
The Board of Commissioners shall appoint an enforcement officer
or officers to enforce and administer the provisions of this Part.
[Ord. 498, 12/7/2015]
Any person may donate or sell recyclable materials to individuals
or organizations. Otherwise, such materials are to be placed at curbside,
in dropoff facilities or storage bins or in similar authorized locations
for collection by the licensed hauler as applicable. Dropoff facilities
may be sited for use by residents of Lebanon County, outside of West
Lebanon Township, not serviced by a curbside route.
[Ord. 498, 12/7/2015]
1.
Nonparticipation.
A.
Upon the discovery of any violation under the terms of this Part,
the Township may, through its authorized agent, give notice to the
owner or occupant of a violation hereunder, either by personal delivery
to such owner or occupant, by United States mail directed to the last
known address of such person or persons, as shown in the real estate
registry records of the Township, or by leaving the same on the premises
where such violation occurs.
B.
Such person shall, within seven days after the delivery, mailing, or leaving of such notice, make settlement by paying to the Treasurer of the Township the sum of not less than $25 for the violation. Upon the failure of such person to make settlement, as aforesaid, within seven days, the Township may institute an action for violation pursuant to Subsection 2. Nothing contained in this section shall affect, in any way, the provisions of this Part regarding separate offenses for every day any violation occurs.
2.
Fines for Nonparticipation or Nonpayment. On neglect or refusal of the occupant of any dwelling serviced by curbside recycling collection, residential dwelling unit, or commercial, industrial, or institutional establishment, to separate recyclable materials from municipal solid waste and place them at curbside or sites established by the Township or its designated agent, or make settlement in Subsection 1, that person, upon conviction thereof, shall be sentenced to pay 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. Each day that a violation of this Part continues shall constitute a separate offense.
3.
Unauthorized Collection. If any person, firm, corporation, or other
entity, unauthorized by the Township or its designated agent, collects
or removes or causes to be collected or removed any such recyclable
materials as specified in the West Lebanon Township regulations, or
in violation of the provisions of this Part, such person, upon conviction
thereof, shall be sentenced to pay 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. Each day that a violation
of this Part continues shall constitute a separate offense.
4.
Pilfering of Collection Containers. If any person is responsible
for pilfering of collection containers issued to a residence slated
for either curbside collection or any other phase of the West Lebanon
Township Recycling Program, such person, upon conviction thereof,
shall be sentenced to pay 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. Each day that a violation of this Part continues
shall constitute a separate offense. The affected resident will be
responsible for replacing any missing container through purchase from
the Township or its designated agent.
