[Ord. 59-1990 § 1, passed 8-22-1990]
(a)
The Act of July 28, 1988, No. 101, known as the Municipal Waste Planning,
Recycling and Waste Reduction Act, provides that each municipality
of the Commonwealth shall have the power and duty to adopt and implement
programs for the collection and recycling of municipal waste or source
separated recyclable materials.
(b)
Conservation of recyclable materials has become an important public
concern because of the growing problem of solid waste disposal and
its impact on our environment.
(c)
The adoption and implementation of recycling shall effect the conservation
of natural resources, the protection of the right of the people to
clean air, pure water and the preservation of the environment.
[Ord. 59-1990 § 1, passed 8-22-1990; Ord. 63-2001, passed 11-7-2001]
(a)
Unless the context clearly indicates otherwise, the following words
and phrases used throughout this article shall have the following
meanings:
(1)
ALUMINUM CONTAINERS — Empty aluminum beverage and food
containers.
(2)
BI-METAL CONTAINERS — Empty food or beverage containers
consisting of steel and aluminum.
(3)
COLLECTOR — The entity or entities authorized by the Municipality
to collect recyclable materials from residences, or authorized by
commercial, municipal and institutional establishments that do not
receive collection services from the Municipality to collect recyclable
materials from those properties.
(4)
COMMERCIAL ESTABLISHMENTS — Those properties used primarily
for commercial or industrial purposes and those multiple residential
buildings containing more than four dwelling units.
(5)
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.
(6)
CORRUGATED PAPER — Structural paper material with an inner
core shaped in rigid parallel furrows and ridges.
(7)
FERROUS CONTAINERS — Empty steel or tin-coated steel food
or beverage containers.
(8)
GLASS CONTAINERS — Bottles and jars made of clear, green
or brown glass. Excluded are plate glass, automotive glass, blue glass,
light bulbs and porcelain and ceramic products.
(9)
HIGH-GRADE OFFICE PAPER — All white paper, bond paper
and computer paper in commercial, institutional and municipal establishments
and in residences.
(10)
HOUSEHOLD REFUSE — All municipal waste except the following
categories of solid waste:
A.
Tires;
B.
Large appliances (white goods);
C.
Construction/demolition waste;
D.
Bulky waste;
E.
Putrescible waste;
F.
Uncompactible waste;
G.
Sludge;
H.
Infectious/pathological waste;
I.
Ash residue;
J.
Special handling waste;
K.
Friable asbestos waste;
L.
Recyclable materials;
M.
Household hazardous waste;
N.
Unacceptable waste;
O.
Oversized refuse items;
P.
Yard waste; or
Q.
Leaves.
(11)
INSTITUTIONAL ESTABLISHMENTS — Those facilities that house
or serve groups of people such as hospitals, schools, day care centers
and nursing homes.
(12)
LEAD ACID BATTERIES — Includes but is not limited to automotive,
truck and industrial batteries that contain lead.
(13)
LEAF WASTE — Leaves from trees, bushes and other plants;
garden residue; chipped shrubbery and tree trimmings. Leaf waste shall
not include grass clippings.
(14)
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.
(15)
MULTI-FAMILY HOUSE PROPERTIES — Any properties having
more than four dwelling units per structure.
(16)
MUNICIPAL ESTABLISHMENTS — Public facilities operated
by the Municipality and other governmental and quasi-governmental
authorities.
(17)
MUNICIPALITY — The City of Erie.
(18)
MUNICIPAL WASTE — Any garbage, refuse, industrial lunchroom
wastes or other material, including solid, liquid, semi-solid 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, waste-water treatment
plant or air pollution control facility. The term does not include
source-separated recyclable materials.
(19)
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 glossy advertising inserts
often included with newspapers.
(20)
PAPER — All grades and colors of typing, wrapping, writing
and computer papers, corrugated paper, cardboard, cereal and food
boxes, soda and beer cartons, paper milk cartons, paper egg cartons,
paper bags and junk mail.
(21)
PERSON(S) — Owners, lessees and occupants of residences,
commercial or institutional establishments.
(22)
PLASTIC CONTAINERS — Empty soda bottles (polyethylene
teraphthalate-pet) and empty milk/water jugs (high density polyethylene-hdpe).
Expressly excluded are all other plastic food and beverage containers.
(23)
RECYCLABLE MATERIALS — Source separated recyclable materials
including aluminum containers, bi-metal containers, ferrous containers,
glass containers, plastic containers, paper, magazines and periodicals,
newspapers, leaf waste and grass clippings.
(24)
RECYCLING — The collection, separation, recovery and sale
or reuse of metals, glass, paper, leaf waste, plastics and other materials
which would otherwise be disposed of 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.
(25)
RESIDENCES — Any occupied single or multi-family dwelling
having up to four dwelling units per structure for which the Municipality
provides municipal waste collection service.
(26)
SOURCE SEPARATED RECYCLABLE MATERIALS — Those materials
separated at the point of origin for the purpose of being recycled.
(27)
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 Department of Environmental Resources
for beneficial use.
[Ord. 59-1990 § 1, passed 8-22-1990]
The City hereby establishes a Recovery Program for the mandatory
separation and collection of materials to be recycled from all residences
in the City for which municipal solid waste collection is provided
by the City. Collection of the materials to be recycled shall be made
periodically by the City or its designated agent for recycling purposes.
This article is ordained pursuant to the Third Class City Code (53
P.S. Section 35101 et seq.).
[Ord. 59-1990 § 1, passed 8-22-1990]
(a)
The Director of the Department of Public Works, Parks and Property
is hereby authorized and empowered to establish and promulgate regulations
including, but not limited to, the manner, days and times of collections
of recyclable materials and the bundling, handling, location and time
of placement of such materials for collection.
(b)
The regulations shall include the following:
(1)
Separation, storage and collection of recyclables by residences;
(2)
Separation, storage and collection of recyclables by commercial,
municipal, institutional establishments and community activities;
(3)
Separation, storage and collection of recyclables by multi-family
housing properties;
(4)
Separation, collection and composting of leaf waste; and
(5)
A sustained public information and education program.
(c)
The program regulations are provided as an attachment to original
Ordinance 59-1990, passed August 22, 1990. The Director is empowered
to make changes to the program regulations as necessary. Any material
changes in the program regulations may be made by the Mayor and public
notice and notification shall be made to all affected parties.
[Ord. 59-1990 § 1, passed 8-22-1990]
No person may place a lead acid battery in mixed municipal solid
waste, 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 this Commonwealth.
[Ord. 59-1990 § 1, passed 8-22-1990]
All persons who are residents of the City shall separate all
materials to be recycled from all other municipal solid waste produced
at their residences and shall place the same for collection by the
City in accordance with the regulations established herein. The owner,
landlord or agent of an owner or landlord of a multi-family housing
property (more than four dwelling units per structure) shall be in
compliance with this article by establishing a collection system for
recyclable materials at each property. The collection system shall
include suitable containers for collecting and sorting materials,
easily accessible locations for the containers and written instructions
to the occupants concerning the use and availability of the collection
system. Collection for the recyclable materials other than leaf waste
shall be provided at least one day each month.
[Ord. 59-1990 § 1, passed 8-22-1990]
All materials to be recycled and placed by the resident for
collection by the City pursuant to this article and regulations established
herein, shall from time of placement at the curb, become the property
of the City except as otherwise provided.
[Ord. 59-1990 § 1, passed 8-22-1990]
It shall be a violation of this article for any person, firm,
organization or corporation, other than the City, or one authorized
by the City, to collect materials to be recycled and placed by a resident
for collection by the City, unless such person, firm, organization
or corporation has prior written permission to make such collection
as set forth in this article. Each unauthorized collection in violation
hereof from one or more residences on one calendar day shall constitute
a separate and distinct offense punishable as hereinafter provided.
[Ord. 59-1990 § 1, passed 8-22-1990]
Any resident may donate or sell materials to be recycled to
any person, firm, organization or corporation, whether operating for
profit or not, provided that the receiving person, firm, organization
or corporation shall not collect such donated recyclable materials
from the collection point of a residence without prior written permission
from the City to make such collection.
[Ord. 59-1990 § 1, passed 8-22-1990]
No resident shall dispose of leaf waste with ordinary household
waste or materials to be recycled. Leaf waste shall be separated from
other municipal waste generated at homes, apartments and other residential
establishments. Leaf waste shall be collected in accordance with the
regulations attached to original Ordinance 59-1990, passed August
22, 1990.
[Ord. 59-1990 § 1, passed 8-22-1990]
All recycling operations that operate within the City shall
keep daily records of all deliveries of recyclables, including, but
not limited to, the name and address of the hauler, the source of
the recyclable, the kind of recyclables received, the weight or volume
of the recyclables, and where the recyclables were sold. A copy of
these records shall be maintained at the recycling facility by the
operator for no less than five years and shall be made available to
the City for inspection, upon request.
[Ord. 59-1990 § 1, passed 8-22-1990]
It shall be a violation of this article for any person, firm,
organization or corporation to dispose of recyclables with the ordinary
municipal waste. All collected recyclable materials are to be taken
to a recycling facility. Operators of recycling operations are prohibited
from disposing of recyclables in landfills or incinerators unless
markets for such recyclables do not exist.
[Ord. 59-1990 § 1, passed 8-22-1990]
The City may enter into agreement with any agency to handle
the recyclable materials.
[Ord. 59-1990 § 1, passed 8-22-1990]
(a)
Any person, firm, organization or corporation who violates any of
the provisions of this article shall, upon conviction, be sentenced
to pay a fine of not less than $25 nor more than $300 and costs of
prosecution for each and every offense. Each day that such violation
occurs or continues shall constitute a separate violation.
(b)
The City reserves the right not to collect recyclable materials commingled
with nonrecyclable materials. Additionally, the City reserves the
right not to collect nonrecyclable materials commingled with recyclable
materials.
[Ord. 59-1990 § 1, passed 8-22-1990]
All ordinances or parts of ordinances inconsistent with this
article are hereby repealed to the extent of such inconsistency. Should
any part of this article be held unconstitutional, illegal or unenforceable
by any court of competent jurisdiction, such invalidity shall not
affect, impair, nullify or otherwise prevent the enforcement of the
remainder of this article. It is hereby declared that such parts as
are legal would have been erected independently of the invalid portion
had the invalidity of such part been known, and it is the intention
of the City that such remainder shall be and remain in full force
and effect.
[Ord. 59-1990 § 1, passed 8-22-1990]
The City may, from time to time, modify, add to or remove from
the standards and regulations herein.
