The title of this article shall be the "Green Tree Recycling
Ordinance."
The following words and phrases shall have the meanings set
forth below, unless the content of their use clearly indicates a different
meaning:
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988.
ALUMINUM
All empty aluminum beverage or food cans.
BIMETAL CONTAINER
Empty food or beverage containers consisting of steel and/or
aluminum, and cans commonly referred to as "tin" cans.
COLLECTOR
An entity authorized by Green Tree to collect recyclable
materials from residences, or authorized by commercial, municipal
or institutional establishments that do not receive collection services
from the Borough to collect recyclable materials from those properties.
COMMUNITY ACTIVITIES
Events sponsored by public or private entities or individuals,
including but not limited to fairs, bazaars, socials, picnics and
organized sporting events, attended by 200 or more individuals per
day.
CORRUGATED PAPER
Structural paper materials with an inner core shaped in rigid,
parallel furrows and ridges.
COUNCIL
Green Tree Borough Council.
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 or in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, personal care centers,
orphanages, day-care centers, schools and universities.
LEAD ACID BATTERIES
Include, but are not limited to, automotive, truck, and industrial
batteries that contain lead.
LEAF WASTE
Leaves, cuttings, trimmings and clippings from trees, bushes
and other plants, garden residues and chipped shrubbery, but does
not include grass clippings.
MAGAZINES AND PERIODICALS
Includes printed matter containing miscellaneous written
pieces published at fixed or varying intervals. Expressly excluded
are all other paper products of any nature whatsoever.
MANAGER
The Green Tree Borough Manager.
MUNICIPAL ESTABLISHMENT
Public facilities operated by a municipality, a municipal
authority or other governmental or quasi-governmental authority or
agency.
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
other institutional establishments and from community activities and
any sludge not meeting the definition of residual or hazardous waste
in the Solid Waste Management Act 35 P.S. § 6018.101 et
seq., from 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.
PERSON(S)
Owners, lessees and occupants or residences and commercial,
municipal and institutional establishments.
PLASTIC BAGS
Any container used for carrying, storing, or disposing of
groceries, wearing apparel, other retail or wholesale purchased items
and yard waste.
PLASTIC CONTAINERS (HDPE)
Containers made of high-density polyethylene, commonly used
for milk, clothes and dishwashing soaps and other cleaning products.
RECYCLABLE MATERIALS
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 limited to, clear glass,
colored glass, aluminum, steel, and bimetallic cans, high-grade office
paper, newsprint, corrugated paper, leaf waste, plastics and any other
item selected by the Borough or specified in future revisions of ACT
101. The classification of recyclable materials established by the
Borough may be revised from time to time as deemed necessary by the
Borough.
RECYCLING
The collection, separation, recovery, sale or use 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.
RESIDENCE
Any occupied single or multifamily housing for which the
Borough provides municipal waste collection service.
SUPER MIX PAPER
An unseparated mix of all recyclable grades and types of
paper items used in offices for which one-unit price is offered by
a recycling broker or market.
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 Pennsylvania Department of environmental
Protection (DEP) for beneficial use.
Disposal of lead acid batteries included in, or with, other
municipal waste is prohibited and shall be deemed a public nuisance
and a violation of the provisions of this article.
All recyclable materials placed by persons for collection by the Borough shall, from time of placement at the curb, become the property of the Borough or of the authorized collector, except as otherwise provided by §
282-47 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 curbside for collection.
It shall be a violation of this article for any person to violate
any provisions of this article, or for any person, other than the
Borough or one authorized by the Borough or other entity responsible
for providing for collection of recyclables, to collect recyclable
materials placed by residents or by commercial, municipal or institutional
establishments for collection by the Borough or an authorized collector,
unless such person has prior written permission from the generator
and from the Borough to make such collection. With respect to any
violation of the provisions of this article, an unauthorized collection
from one or more residences or from one or more commercial, municipal
or institutional establishments on one particular calendar day, shall
constitute a separate and distinct offense for each such residence
or establishment, punishable as a distinct and separate offense as
hereinafter provided.
Any person, resident, or commercial, municipal or institutional
establishment may donate or sell recyclable materials to any person,
firm, corporation or association, whether operating for profit or
not, providing that said receiving person, firm, corporation or association
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.
Disposal by persons of recyclable materials with waste materials
is prohibited and shall be a violation of this article. 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 for those materials and
unless the collectors or operators have notified the Borough Manager,
in writing, of such disposition of those materials.
Borough Council is hereby authorized to make, adopt and enforce
by councilmanic action such rules and regulations for the operation
and enforcement of this article as Council deems necessary, including
but not limited to rules and regulations establishing the following:
A. Classification of recyclable materials to be separated for collection
and recycling by residences, and additional recyclable materials to
be separated for collection and recycling by commercial, municipal
and institutional establishments.
B. Collection procedures for recyclable materials.
C. Reporting procedures for amounts of materials recycled.
D. Procedures for distribution, monitoring and collection of recyclable
containers.
E. Procedures and rules for collection of leaf waste.
The Borough may enter into agreements with public or private
entities to authorize them to collect all or part of the recyclable
materials generated in the Borough.
The Borough may, from time to time, add to or amend all programs,
rules, regulations and procedures.
The Borough Manager is hereby authorized and directed to adopt
such written regulations that may be necessary for administration
and enforcement.