The short title of this article shall be the "Borough of Fox
Chapel Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases as 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 or food cans.
COLLECTOR
The entity or entities authorized by the Borough to collect
recyclable materials from residences or authorized by municipal and
institutional establishments that do not receive collection services
from the Borough to collect recyclable materials from those properties.
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.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in institutional
and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including,
but not limited to, churches, including church-sponsored day-care
centers, clubs, nature reserves and schools.
LEAD ACID BATTERIES
Includes, but shall not be 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 and other similar materials,
but does not include 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 ESTABLISHMENT
Public facilities operated by the Borough of Fox Chapel and
other governmental and quasi-governmental authorities operating in
the Borough.
MUNICIPAL WASTE
Any garbage, refuse, institutional lunchroom or other material,
including solid, liquid, semisolid or gaseous material, resulting
from operation of residential, municipal or institutional establishments
and from community activities and any sludge not meeting the definitions
of residual or hazardous waste in the Solid Waste Management Act from a municipal 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 color comics, glossy advertising inserts and advertising inserts
printed in colors other than black or white often included with newspapers
and newspapers which have been soiled.
PERSON(S)
Individuals and legal entities who are owners, lessees, officers,
directors, employees and occupants of residences and municipal and
institutional establishments located in the Borough of Fox Chapel.
PLASTIC CONTAINERS
Empty plastic food and beverage containers only. However,
due to the wide variety of types of plastics and recycling markets
therefor, the Borough may from time to time further stipulate specific
types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and by municipal and institutional
establishments which are specified by the Borough and which 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.
RECYCLING
The collection, separation, recovery and sale or reuse of
recyclable materials which would otherwise be disposed of or processed
as municipal waste. Recycling also includes the mechanized separation
and treatment of municipal waste (other than through combustion) and
creation and recovery of reusable materials.
RESIDENCES
Any occupied dwelling for which the Borough provides municipal
waste collection services.
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.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article.
It shall be a violation of this article for any person, firm
or corporation, other than the Borough of Fox Chapel or its designated
collector in the case of residential properties or independent collectors
in the case of municipal and institutional establishments, to collect
recyclable materials placed by residences or 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 one or more municipal or
institutional establishments on one calendar day shall constitute
a separate and distinct offense punishable as hereinafter provided.
Any residence or 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 municipal or institutional
establishment without prior written permission from the Borough of
Fox Chapel or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
Disposal of recyclable materials with wastes is prohibited and shall be a violation of this article. All collected recyclable materials shall be taken to a recycling facility except as set forth in §
298-33. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited.
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 residential properties.
The Borough Manager may from time to time modify, add to or remove from the recycling program regulations authorized in §
298-35.