[Adopted 9-18-1990 as Ord. No. 999]
The title of this Article shall be the "Brentwood Recycling Ordinance."
The following words and phrases shall have the meanings set forth below, unless the context of their use clearly indicates a different meaning:
- 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.
- An entity authorized by Brentwood 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.
- COMMERCIAL ESTABLISHMENTS
- Properties used primarily for commercial or industrial purposes.
- 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.
- Brentwood Borough Council.
- 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 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
- Includes, but are not limited to automotive, truck and industrial batteries that contain lead.
- LEAD 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.
- MULTIFAMILY HOUSING PROPERTIES
- Any property having four or more dwelling units per structure.
- 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 or residual or hazardous waste in the Solid Waste Management Act, 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, colored 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.
- 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 (PET)
- Containers used for soft drinks.
- PLASTIC CONTAINERS (HDPE)
- Containers 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.
- 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.
- Any occupied single or multifamily dwelling for which the borough provides municipal waste collection service.
- The Brentwood Borough Secretary.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- 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.
- 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.
The Borough hereby establishes a Recycling Program for mandatory separation and collection of recyclable materials and for 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 recyclable materials shall be made at least once per month by the borough, or 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 also shall include a continuing public information and education program.
Specific program regulations shall be provided pursuant to this Article. Borough Council is empowered to amend such program regulations when, in the sole and absolute discretion of Council, such amendment is necessary, pursuant to the provisions of § 174-18, hereinbelow. Amendments to program regulations may be made pursuant to approval of Borough Council, after public notice and notification to all parties who may be affected by such changes.
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 persons and other residents and entities in the borough shall separate from all other municipal waste produced at their homes, apartments or other establishments, all of those recyclable materials designated by the borough, and shall store such materials for collection, and shall place same for collection in accordance with the guidelines established in this Article.
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at 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 collection of recyclable 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 to the borough a replacement cost in an amount set forth from time to time by resolution of the Borough Council. Use of recycling containers for any purpose other than the designated recycling program, or use of recycling containers by any person other than the person allocated each such containers shall be a violation of this Article.
Residents may, if necessary, purchase additional containers of their choosing for recyclable materials; however, any such additional container must bear a self-adhesive recycling logo label, which may be obtained from the Borough Secretary.
An owner, landlord, manager or the agent of an owner, landlord or manager of a multifamily housing property with more than four units, not serviced by the borough program, may comply with its recycling responsibilities by establishing a collection system at each property. Said collection system must include suitable containers for collecting and sorting recyclable materials, easily accessible locations for such containers and written instructions to occupants of properties concerning the use and availability of the collection system. Owners, landlords, managers and the 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, then the respective owners, landlords or managers and the agents of said owners, landlords or managers shall submit an annual report to the borough, reporting the tonnage of materials recycled during the previous year. The report requirement may be fulfilled by submission of a letter or form from the collector which certifies that recyclable materials are being collected from the property and setting forth the tonnage collected during the previous year.
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.
Persons must separate high-grade office paper, aluminum corrugated paper, leaf waste, clear, green and brown glass and such other materials which may be designated by the borough and generated at commercial, municipal and institutional establishments and from community activities and must store the recyclable materials for and until collection. A person may be exempted from this subsection by:
Providing for the recycling of high-grade office paper, aluminum, corrugated paper, leaf waste, clear green and brown glass and other materials deemed appropriate by the borough.
Submitting, at a minimum, an annual recycling report to the Borough Secretary, which 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:
Copies of weight receipts or statements which consolidates such information.
A report from the provider of recycling collection services which identifies the amount of each material collected and marketed. The type and weight of recyclable materials generated by an individual establishment may be approximated, based on a representative sample of its source-separated materials.
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 comingled 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.
With respect to the alternative options as set forth in Subsections F(2)(b) and (c) above, 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.
If recyclable materials are collected by a collector other than the borough or its authorized agent, occupants of said establishment shall submit an annual report to the borough reporting the type and weight of materials recycled during the previous calendar year. That 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 and which sets forth the type and weight of materials collected.
All employees, users (patrons) and residents of commercial, municipal and institutional establishments, must be informed of the recycling program. The education program shall describe the program's provisions and requirements and should include at least an annual program meeting and an orientation with the program provisions provided promptly to new employees or residents. Receptacles must be marked clearly with the recycling symbol of the type of recyclable material that is to be placed in the receptacle. Signs must be prominently displayed stating the requirements of the program.
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 must include, at least, the following:
Waste characterization, including source, generation rate, management techniques and management costs. The assessment must expressly include high-grade office paper, aluminum, corrugated paper, leaf waste, clear green and brown glass and any other materials generated in significant quantities.
A description of all possible waste minimization options, including use and waste reclamation.
An evaluation of the economic and technical feasibility of each option and a ranking of each option.
An estimate of the payback period for each feasible option.
A statement of which options will be implemented, including an explanation and a time table.
Identification of the individuals who are responsible for implementing the plan.
A waste minimization plan shall be established and periodically updated. Implementation of said plan must include:
Recycling or composting of materials, to the greatest extent feasible, either privately or through a municipal recycling program.
Use, to the greatest extent feasible, of products and materials which are recyclable and made of post consumer materials.
Substitution, to the greatest extent feasible, of durable and reusable products and materials for products that are not durable or reusable.
Appropriate education materials and signs which should be made available to employees and the public to encourage participation and recycling and waste reduction.
All recycling collection activities shall be conducted from Monday through Friday, inclusive, between the hours of 6:00 a.m. and 5:00 p.m., prevailing time, or on Saturdays between the hours of 6:00 a.m. and 5:00 p.m. prevailing time, unless prior approval of an exception has been granted by the borough. No collection, hauling or transporting of recyclables shall be permitted on Sunday.
All recyclable materials placed by persons for collection by the borough or by an authorized collector pursuant to this Article, shall, from time of placement at the curb, become the property of the borough or of the authorized collector, except as otherwise provided by § 174-16 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 Article II of this chapter, 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 section, 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, residence 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 Secretary, in writing, of such disposition of those materials.
Borough Council is hereby authorized to make, adopt and enforce, by councilmanic resolution approved by the affirmative vote of a majority of the members of Borough Council present and voting at an advertised, regular or special public meeting of Council at which a quorum of Council is present, 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:
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.
Collection procedures for recyclable materials.
Reporting procedures for amounts of materials recycled.
Procedures for distribution, monitoring and collection of recyclable containers.
Procedures and rules for collection of leaf waste.
Any person, firm or corporation who or which shall violate any provision of this Article shall receive official written warning of noncompliance for the first and second offenses. For a third or subsequent offense, violators shall be subject, upon conviction, to pay a fine of not more than $1,000, plus costs of prosecution and, in default of payment thereof, shall be imprisoned for a term not to exceed 30 days. Every day that a violation of this Article continues shall constitute a separate offense.
As used in this Article with respect to provisions relating to enforcement and administration and/or relating to violations of this Article and penalties, use of the word "person" shall include all corporations, partnerships, associations, business entities and other associations not for profit and each and all of their respective directors, officers and managers. Any fine or penalty applied to any such person or other entity shall be applied to, and collected from, any person, business entity or other entity having or owning property, financial assets or other ability to pay.
The borough reserves the right not to collect, in combination with nonrecyclable materials, municipal waste containing recyclable materials. The borough reserves the right not to collect municipal waste from any residence not being registered as having obtained a borough recycling container.
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 adopted pursuant to this Article by enactment of a councilmanic motion approved by a majority vote of those Council members present and voting at an advertised and public regular or special meeting of Council, at which a quorum of Council is present.