[Adopted 9-18-1990 as Ord. No. 999]
The title of this Article shall be the "Brentwood
Recycling Ordinance."[1]
The following words and phrases shall have the
meanings set forth below, unless the context of their use clearly
indicates a different meaning:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988.[1]
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and/or
aluminum, and cans commonly referred to as "tin" cans.
Brentwood.
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.
Properties used primarily for commercial or industrial purposes.
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.
Structural paper materials with an inner core shaped in rigid,
parallel furrows and ridges.
Brentwood Borough Council.
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 or in residences.
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.
Includes, but are not limited to automotive, truck and industrial
batteries that contain lead.
Leaves, cuttings, trimmings and clippings from trees, bushes
and other plants, garden residues and chipped shrubbery, but does
not include grass clippings.
Includes printed matter containing miscellaneous written
pieces published at fixed or varying intervals. Expressly excluded
are all other paper products of any nature whatsoever.
Any property having four or more dwelling units per structure.
Public facilities operated by a municipality, a municipal
authority or other governmental or quasi-governmental authority or
agency.
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,[2] 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.
Any container used for carrying, storing or disposing of
groceries, wearing apparel, other retail or wholesale purchased items
and yard waste.
Containers used for soft drinks.
Containers used for milk, clothes and dishwashing soaps and
other cleaning products.
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.
Those materials separated at the point of origin for the
purpose of being recycled.
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.
A.
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.
B.
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.
A.
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.
B.
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.[1] 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.[2]
C.
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.
D.
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.
E.
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.
F.
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:
(1)
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.
(2)
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:
(a)
Copies of weight receipts or statements which
consolidates such information.
(b)
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.
(c)
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.
G.
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.
H.
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.
I.
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.
J.
Waste minimization.
(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 must include, at least, the following:
(a)
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.
(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 of the payback period for each feasible
option.
(e)
A statement of which options will be implemented,
including an explanation and a time table.
(f)
Identification of the individuals who are responsible
for implementing the plan.
(2)
A waste minimization plan shall be established and
periodically updated. Implementation of said plan must include:
(a)
Recycling or composting 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 and made of post consumer materials.
(c)
Substitution, to the greatest extent feasible,
of durable and reusable products and materials for products that are
not durable or reusable.
(d)
Appropriate education materials and signs which
should be made available to employees and the public to encourage
participation and recycling and waste reduction.
K.
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:
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.
A.
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.[1]
B.
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.
