[Ord. 1018, passed 11-27-1989; Ord. 1398]
(a)Â
ACT 101
ALUMINUM
BI-METAL CONTAINERS
COLLECTOR
COMMERCIAL ESTABLISHMENTS
COMMUNITY ACTIVITIES
CORRUGATED PAPER
FERROUS CONTAINERS
GLASS CONTAINERS
HIGH GRADE OFFICE PAPER
INSTITUTIONAL ESTABLISHMENT
LEAD ACID BATTERIES
LEAF WASTE
MULTI-FAMILY HOUSING PROPERTIES
MUNICIPAL ESTABLISHMENT
MUNICIPAL WASTE
MUNICIPALITY
PERSON(S)
PLASTIC CONTAINERS
RECYCLABLE MATERIALS
RECYCLING
RESIDENCES
SOURCE SEPARATED RECYCLABLE MATERIALS
WASTE
The following words and phrases used throughout this article shall
have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the Town to collect
recyclable materials from residences, or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Town to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes, and those multiple dwelling residential buildings containing
more than two dwelling units.
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.
Includes but is 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.
Any properties having two or more dwelling units per structure.
Public facilities operated by the Town and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semisolid 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 or air pollution control facility. The
term does not include source-separated recyclable materials.
The Town of McCandless.
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 Town may stipulate specific types
of plastic which may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Town 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
papers, newsprint, corrugated paper, leaf waste, plastics, and any
other items selected by the Town or specified in future revisions
to Act 101. The recyclable materials selected by the Town may be revised
from time to time as deemed necessary by the Town.
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 multi-family dwellings having up to
two dwelling units per structure for which the Town 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 PA Department of Environmental Resources
for beneficial use.
[Ord. 1018, passed 11-27-1989]
(a)Â
The Town 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 Town for which waste collection is provided by the Town or any
other collector. Collection of the recyclable materials shall be made
at least once per week by the Town, its designated agent, or any other
solid waste collectors operating in the Town 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)Â
Specific program regulations are provided as an attachment to original Ordinance 1018. Council is empowered to make changes to program regulations as necessary, as described in Section 929.09. Subsequent changes in the program regulations may be made through approval of Council and public notice and notification of all affected parties.
(c)Â
This article is ordained pursuant to the Town Home Rule Charter.
[Ord. 1018, passed 11-27-1989]
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article.
[Ord. 1018, passed 11-27-1989]
(a)Â
All persons who are residents of the Town shall separate all of those
recyclable materials designated by the Town 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)Â
Persons in residences shall separate recyclable materials from
other refuse. Recyclable materials shall be placed at the curbside
in containers provided by the Town for collection. Any containers
provided to residences for collection of recyclable materials shall
be the property of the Town and shall be used only for the collection
of recyclable materials. Any resident who moves within or from the
Town shall be responsible for leaving the allocated container within
the residence or shall pay the replacement cost of such 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)Â
An owner, landlord, or agent of an owner or landlord of a multifamily
rental housing property with more than two units shall comply with
its recycling responsibilities by establishing a collection system
at each property. The collection system shall 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. If recyclable
materials are collected by a collector other than the Town or its
authorized agent, owners, landlords and agents of owners or landlords
shall submit an annual report to the Town reporting the tonnage of
materials recycled during the previous year.
(b)Â
All persons shall 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)Â
Persons shall separate high grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the Town 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 if that
person submits documentation to the Town annually indicating that
the designated recyclable materials are being recycled in an appropriate
manner. If recyclable materials are collected by a collector other
than the Town or its authorized agent, occupants of such establishments
shall submit an annual report to the Town reporting the tonnage of
materials recycled during the previous year.
[Ord. 1018, passed 11-27-1989]
All recyclable materials placed by persons for collection by the Town or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Town or the authorized collector, except as otherwise provided by Section 929.07. 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.
[Ord. 1018, passed 11-27-1989]
It shall be a violation of this article for any person, firm
or corporation, other than the Town or one authorized by 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 Town 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 commercial, municipal and institutional
establishments on one calendar day shall constitute a separate and
distinct offense punishable as hereinafter provided.
[Ord. 1018, passed 11-27-1989]
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
Council or other entity responsible for authorizing collection of
recyclable materials to make such a collection.
[Ord. 1018, passed 11-27-1989]
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
unless markets do not exist and the collectors or operators have notified
the Town Manager, or his designee, in writing.
[Ord. 1018, passed 11-27-1989]
(a)Â
The Town Manager or his designee 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)Â
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)Â
Establishing collection procedures for recyclable materials.
(3)Â
Establishing reporting procedures for amounts of materials recycled.
(4)Â
Establishing procedures for the distribution, monitoring and
collection of recyclable containers.
(5)Â
Establishing procedures and rules for the collection of leaf
waste.
(b)Â
The Town reserves the right not to collect municipal waste containing
recyclable materials in combination with nonrecyclable materials.
[Ord. 1018, passed 11-27-1989]
The Town 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.
[Ord. 1018, passed 11-27-1989]
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 Town that such remainder shall be and remain in full force
and effect.
[Ord. 1018, passed 11-27-1989]
The Town may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in Section 929.09.
[Ord. 1018, passed 11-27-1989]
(a)Â
Any person, firm or corporation who violates the provisions of this
article shall receive an official written warning of noncompliance
for the first and second offense. Thereafter all such violations shall
be subject to the penalties hereinafter provided.
(b)Â
Except as hereinafter provided, any person, firm 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.