[HISTORY: Adopted by the Borough Council of the Borough of
Cheswick as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-21-1990 by Res. No. 10-90]
The Borough of Cheswick does hereby approve the 1990 Allegheny
County Solid Waste Management Plan, which includes Volumes I, II-R,
III-A and III-B, as the officially adopted plan for the Borough of
Cheswick pursuant to the requirements of the Pennsylvania Municipal
Waste Planning, Recycling and Waste Reduction Act of 1988.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[1]
Editor's Note: Ord. No. 696-C was vetoed by the Mayor
12-29-1994 and was passed, over the Mayor's veto, by the Borough
Council 1-17-1995.
The short title of this article shall be the "Cheswick Recycling
Ordinance," and the same may be cited in that manner.
The following words and terms, as used in this article, shall
have the meanings hereby ascribed to them, unless the context clearly
indicates a different meaning:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the municipality to
collect refuse or recyclable materials from residences or authorized
by commercial, municipal and institutional establishments that do
not receive collection services from the municipality to collect refuse
or recyclable materials from those properties.
Those properties used 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.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated food or beverage containers.
All table refuse, animal and vegetable matter, offal from
meat, fish, fowl, vegetables and fruits, and parts thereof, and other
articles and materials ordinarily used for food and which have become
unfit for such use or which are discarded for any reason.
Empty bottles and jars made of clear, green or brown glass.
Expressly excluded are noncontainer glass, such as plate glass, automotive
glass, light bulbs, blue glass and porcelain 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 shall not be 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
for which the municipality does not provide municipal waste and recycling
services.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or office waste
and 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[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.
The Borough of Cheswick.
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.
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers which may be more
specifically defined in the rules and regulations as amended.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the municipality
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 municipality which may
be revised from time to time as deemed necessary by the municipality.
The collection, separation, recovery and sale or reuses of
metals, glass, paper, plastics, leaf waste 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,
such as specified by Act 101.
A material whose original purpose has been completed and
which is directed to a state-licensed disposal or processing facility.
The term does not include source-separated recyclable materials.
Any occupied single-family or multifamily dwelling units
for which the municipality provides municipal waste collection service
and recycling collection services.
The collection or pick up at curbside of any municipally
mandated recyclable materials by unauthorized persons.
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 municipality hereby establishes a recycling program for the mandatory
separation and collection of recyclable materials of newspapers, plastic
containers, aluminum, steel and bimetallic cans (refer to rules and
regulations addendum[1]); clear, green and amber (brown) glass; and the separation,
collection and composting of leaf waste from all residences and all
commercial, municipal and institutional establishments located in
the municipality for which waste collection is provided by the municipality
or any other collector. Collection of the recyclable materials shall
occur bimonthly on the day scheduled for regular weekly garbage pickup
by the municipality, its designated agent or any other solid waste
collectors 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.
[1]
Editor's Note: Refers to the Recycling Program Regulations,
which are on file in the Borough offices.
B.
Specific program regulations are provided as an attachment to this
article.[2] The Council of the Borough of Cheswick is empowered to make changes to recycling program regulations as necessary, as described in § 136-11. Subsequent changes in the program regulations may be made through approval of the appropriate committee of the Council with appropriate public notice, as defined by the Borough, to all affected parties.
[2]
Editor's Note: Recycling Program Regulations are on file
in the Borough offices.
Disposal by persons of lead acid batteries and tires with other
municipal wastes is prohibited and shall be a violation of this article.
A.
All persons who are residents of the municipality shall separate
all of those recyclable materials currently designated by the municipality
from all other municipal waste produced at their homes, apartments
and other residential establishments, store and commingle such materials
for collection and shall place the same for collection in accordance
with the guidelines established in this article and recycling program
regulations, as amended. The present recyclables designated are newspapers,
plastic containers, clear glass, green glass, amber (brown) glass,
aluminum, steel and bimetal cans (refer to rules and regulations addendum)
and the separation, collection and composting of leaf waste. The municipality
reserves the right to include additional and/or delete any or all
materials listed in Act 101 or the present recycling program regulations.
(1)
Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in containers
provided by the municipality for collection no sooner than 12 hours
before the day of collection. Any containers provided to residences
for collection of recyclable materials shall be the property of the
municipality and shall be used only for the collection of recyclable
materials. Any resident who moves within or from the municipality
shall be responsible for returning the allocated container(s) to the
municipality 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. Real estate owners are responsible for the theft
or damage of their bins.
(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.
(3)
If recyclable materials are collected by a collector other than the
municipality or its authorized agent, owners, landlords and agents
of owners or landlords shall submit an annual report on January 31
of the following year to the municipality 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.
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 other such materials as may be designated by
the municipality 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 municipality.
(2)
Submitting, at a minimum, an annual recycling report to the governing
body of the municipality. 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-use recycler or
waste hauler which describes the type and weight of each recyclable
material that was collected and marketed.
(a)
Documentation may be in the form of one of the following:
[1]
Copies of weight receipts or statements which consolidate such
information.
[2]
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.
[3]
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.
(b)
The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its waste. For Subsection C(2)(a)[2] and [3] 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.
(c)
If recyclable materials are collected by a collector other than
the municipality or its authorized agent, occupants of said establishments
shall submit an annual report to the municipality, reporting the type
and weight of materials recycled during the previous calendar 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.
D.
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 requirement of the program.
E.
Waste-minimization opportunity assessment.
(1)
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 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.
(2)
The waste minimization plan should be periodically updated. Implementation
of the plan should include:
(a)
Recycling or composing 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 for products that are not durable or reusable.
(d)
Appropriate education materials and signs made available to
employees or the public to encourage participation in recycling and
waste reduction.
F.
All rigid recycling containers supplied by the municipality to residents
shall be and remain the property of the municipality. The containers
shall remain with the residence and shall not move with the resident
owner or renter of any municipal dwelling. The municipality shall
not issue an occupancy permit without proof that a rigid recycling
container provided by the municipality is on premises and is in use.
All recyclable materials placed by persons for collection by the municipality or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the municipality or the authorized collector, except as otherwise provided by § 136-9 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.
A.
It shall be a violation of this article for any person, firm or corporation,
other than the municipality or one authorized by the Council of the
Borough of Cheswick or other entity responsible for providing for
collection of recyclable materials placed by residences or commercial,
municipal and institutional establishments for collection by the municipality
or an authorized collector, to collect recyclable materials 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 establishment on one calendar day shall constitute a
separate and distinct offense punishable as hereinafter provided.
B.
It shall be unlawful for any person to collect, remove or dispose
of solid waste which contains designated recyclables combined with
other forms of solid waste.
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 Council or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
Disposal by any persons or agents of the Borough 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 Code Enforcement Officer
in writing.
A.
The Council of the Borough of Cheswick upon recommendation of the
appropriate Committee of Council is hereby authorized and directed
to make reasonable rules and regulations[1] 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 addition or elimination of recyclable
materials to be separated by commercial, municipal and institutional
establishments.
(2)
Establishing collection procedures for recyclable materials.
(3)
Establishing reporting procedures for amount of materials recycled.
(4)
Establishing procedures for the distribution, monitoring, collection
and replacement cost of recyclable containers destroyed or stolen
or otherwise unaccounted for by residents and real estate owners.
(5)
Establishing procedures and rules for the collection of leaf waste.
[1]
Editor's Note: Recycling Program Regulations are on file
in the Borough offices.
B.
Fines. 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 community service and/or pay a fine of
not less than $25 nor more than $300, and costs of prosecution, for
each and every offense.
C.
The municipality or its authorized agent reserves the right not to
collect municipal waste containing recyclable materials in combination
with nonrecyclable materials.
A.
The Council of the Borough of Cheswick shall have the authority to
impose and collect, for the use of the Borough, a fee or charge to
cover all or part of the expenses of the collection and disposal of
the recyclable materials, including reasonable fees for administration.
This charge will be included in garbage and rubbish fees which shall
be fixed by resolution or ordinance of the Council of the Borough
of Cheswick and may be changed from time to time by resolution of
the Council of the Borough of Cheswick.
B.
The rate is also subject to change upon market conditions and value
of recyclables as reflected in a change of costs submitted by duly
authorized collecting agent of the Borough.
The municipality 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 municipality may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 136-11.
