[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]
(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.