[Adopted as Ch. 20, Part 2, of the 1995 Code of Ordinances]
The short title of this article shall be the "Oakdale Borough
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, No. 101, of 1988.[1]
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the Borough to collect
recyclable materials from residences, or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Borough to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes.
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.
Include but are 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 Borough and other governmental
and quasi-governmental authorities.
The Borough of Oakdale.
Any garbage, refuse, industrial lunchroom 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[2] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
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 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 Borough may from time to time stipulate
by regulation in the form of a resolution specific types of plastic
which may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Borough
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 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, by regulation in the form of a resolution.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics 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 up to
four dwelling units per structure for which the Borough 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 Pennsylvania Department of Environmental
Resources for beneficial use.
A.
The Borough 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 Borough for which waste collection is provided by the Borough
or any other collector. Collection of the recyclable materials shall
be made at least once per month by the Borough, its designated agent,
or any other solid waste collector operating in the Borough 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.
Initial 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 § 293-19. Subsequent changes in the program regulations may be made by resolution of the Borough Council and public notice and notification of all affected parties.
Disposal by persons of lead acid batteries with other municipal
waste is prohibited and shall be a violation of this article.
A.
All persons who are residents of the Borough shall separate all of
those recyclable materials designated by the Borough 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 Borough for collection. Any containers provided to
residences for collection of recyclable materials shall be the property
of the Borough and shall be used only for the collection of recycle
materials. Any resident who moves within or from the Borough shall
be responsible for returning the allocated container(s) to the Borough
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, manager or agent of an owner, landlord or manager
of a multifamily housing property with more than four units may comply
with its recycling responsibilities by establishing a collection system
at each property. The collection system must include suitable containers
for collecting and sorting the recyclable materials, easily accessible
locations for the containers, and written instructions to the occupants
concerning the use and availability of the collection system. Owners,
landlords, managers and agents of owners, landlords or managers who
comply with this article shall not be liable for noncompliance of
occupants of their buildings. If recyclable materials are collected
by a collector other than the Borough or its authorized agent, owners,
landlords and agents of owners or landlords shall submit an annual
report to the Borough by January 15 reporting the tonnage of materials
recycled during the previous year. This requirement may be fulfilled
by submission of a letter or form from the collector which certifies
that recyclable materials are being collected from the multifamily
housing property, provided the collector submits an annual report
indicating the tonnage of materials recycled during the previous year
from all such properties in the Borough.
B.
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.
C.
Persons must separate high-grade office paper, aluminum, corrugated
paper, leaf waste and such other materials, as may be designated by
the Borough, 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
by:
(1)
Providing for the recycling of high-grade office paper, aluminum,
corrugated paper, leaf waste and other materials deemed appropriate
by the Borough.
(2)
Submitting, at a minimum, an annual recycling report to the Borough
Council of the Borough of Oakdale. The report shall document the amount
of municipal waste generated per year as well as the type and weight
of materials that were recycled in the previous calendar year. Valid
documentation shall include information from an end user, recycler,
or waste hauler which describes the type and weight of each recyclable
material that was collected and marketed. Documentation may be in
the form of one of the following:
(a)
Copies of weight receipts or statements which consolidate such
information.
(b)
A report from the provider of recycling collection services
which identifies the amount of each material collected and marketed.
The type and weight of recyclables generated by an individual establishment
may be approximated based on a representative sample of its source-separated
materials.
(c)
A report from the provider of waste collection services that
identifies the type and weight of each recyclable material collected
and marketed in cases where recyclables are commingled with the establishment's
waste. The type and weight of recyclables generated by an individual
establishment may be approximated based on a representative sample
of its waste.
D.
For Subsection C(2)(b) and (c), where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.
(1)
If recyclable materials are collected by a collector other than the
Borough or its authorized agent, occupants of said establishments
shall submit an annual report to the Borough by January 15 reporting
the type and weight of materials recycled during the previous year.
This requirement may be fulfilled by submission of a letter or form
from the collector which certifies that recyclable materials are being
collected from the establishment, provided the collector submits an
annual report indicating the tonnage of materials recycled during
the previous year from all such establishments in the Borough.
(2)
All employees, users (patrons), and residents of commercial, municipal
and institutional establishments must be informed of the recycling
program. The education program should describe the program's features
and requirements and should include, at a minimum, an annual program
meeting and an orientation to the program upon the arrival of a new
employee or resident. Receptacles should be clearly marked with the
recycling symbol and the type of recyclable material that is to be
placed in the receptacle, and signs should be prominently displayed
stating the requirements of the program.
(3)
Commercial, municipal and institutional establishments which generate
more than 2,200 pounds of municipal waste per month should also implement
a waste minimization opportunity assessment which includes:
(a)
Waste characterization, including source, generation rate, management
techniques, and management costs. The assessment should expressly
consider high-grade office paper, aluminum, corrugated paper, leaf
waste and any other materials generated in significant quantities.
(b)
A description of all possible waste minimization options, including
use and waste reclamation.
(c)
An evaluation of the economic and technical feasibility of each
option and a ranking of each option.
(d)
An estimate of the payback period for each feasible option.
(e)
A statement of which options will be implemented, including
an explanation and a timetable.
(f)
Identification of the individual(s) who will be responsible
for implementing the plan.
(4)
The waste minimization plan should be periodically updated. Implementation
of the plan should include:
(a)
Recycling or composting of materials, to the greatest extent
feasible, either privately or through a municipal recycling program.
(b)
Use, to the greatest extent feasible, of products and materials
which are recyclable or made of post-consumer materials.
(c)
Substitution, to the greatest extent feasible, of durable and
reusable products and materials for products that are not durable
or reusable.
(d)
Appropriate education materials and signs should be made available
to employees or the public to encourage participation in recycling
and waste reduction.
All recyclable materials placed by persons for collection by the Borough or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Borough or the authorized collector, except as otherwise provided by § 293-17 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 Borough or one authorized by the Borough
Council or other entity responsible for providing for collection of
recyclable materials, to collect recyclable materials placed by residences
or commercial, 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. Unauthorized collection hereof, in violation
from one or more sites (residences or commercial, municipal and institutional
establishments) on one calendar day shall constitute a separate and
distinct offense for each such site, 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 of Oakdale or other entity responsible for authorizing
collection of recyclable materials 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. Disposal by collectors
or operators of recycling facilities of source-separated recyclable
materials in landfills or to be burned in incinerators is prohibited.
A.
Borough Council 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 from the Borough Secretary an official
written warning of noncompliance for the first and second offense.
Thereafter all such violations shall be subject to the penalties hereinafter
provided.
C.
Except as hereinafter provided, any person, firm or corporation who
shall violate any of the provisions of this article shall, upon conviction,
be sentenced to pay a fine of not less than $100 nor more than $600,
and 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
continues shall constitute a separate offense.
D.
The Borough reserves the right not to collect municipal waste containing
recyclable materials in combination with nonrecyclable materials.
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 curbside.
The Borough may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 293-19, by resolution where appropriate or otherwise by amendment of this article.
