Town of McCandless, PA Recycling

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.

COMMERCIAL ESTABLISHMENTS

Those properties used primarily for commercial or industrial purposes, and those multiple dwelling residential buildings containing more than two dwelling units.

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.

FERROUS CONTAINERS

Empty steel or tin coated food or beverage containers.

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 commercial, institutional and municipal establishments and in residences.

INSTITUTIONAL ESTABLISHMENT

Those facilities that house or serve groups of people including, but not limited to, hospitals, nursing homes, orphanages, day care centers, schools and universities.

LEAD ACID BATTERIES

Includes but is not 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, but not including grass clippings.

MULTI-FAMILY HOUSING PROPERTIES

Any properties having two or more dwelling units per structure.

MUNICIPAL ESTABLISHMENT

Public facilities operated by the Town and other governmental and quasi-governmental authorities.

MUNICIPAL WASTE

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.

MUNICIPALITY

The Town of McCandless.

PERSON(S)

Owners, lessees, and occupants of residences and commercial, municipal and institutional establishments.

PLASTIC CONTAINERS

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.

RECYCLABLE MATERIALS

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.

RECYCLING

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.

RESIDENCES

Any occupied single or multi-family dwellings having up to two dwelling units per structure for which the Town provides municipal waste collection service.

SOURCE SEPARATED RECYCLABLE MATERIALS

Those materials separated at the point of origin for the purpose of being recycled.

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 PA Department of Environmental Resources for beneficial use.

§ 929.02 Establishment of program/grant of power.

[Ord. 1018, passed 11-27-1989]

(a)

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)

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)

This article is ordained pursuant to the Town Home Rule Charter.

§ 929.03 Lead acid batteries.

[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.

§ 929.04 Separation and collection.

[Ord. 1018, passed 11-27-1989]

(a)

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)

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)

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)

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)

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.

§ 929.05 Ownership of recyclable materials.

[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.

§ 929.06 Collection by unauthorized persons.

[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.

§ 929.07 Existing recycling operations.

[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.

§ 929.08 Recycling of materials.

[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.

§ 929.09 Enforcement and administration.

[Ord. 1018, passed 11-27-1989]

(a)

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)

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)

The Town reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.

§ 929.10 Franchise or license.

[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.

§ 929.11 Repeal and severability.

[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.

§ 929.12 Modifications.

[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.

§ 929.99 Penalty.

[Ord. 1018, passed 11-27-1989]

(a)

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)

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.