[Adopted 12-6-2000 by Ord. No. 467, approved
12-6-2000[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. III, Recycling, adopted 5-14-1990 by Ord. No. 427, approved
5-14-1990.
The short title of this article shall be the
"Borough of Conway Recycling Ordinance" and may be cited in the same
manner.
As used in this article, the following terms
shall have the meanings indicated:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of steel and
aluminum.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings which consist
of more than three dwelling units.
Mixed plastic, glass and metal recyclable materials.
Church, social, school, civic, service group, municipal functions
and all other such functions.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated steel food or beverage container.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and 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 such
as hospitals, schools, day-care centers and nursing homes.
Includes but not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, shrubs and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
Glossy printed mailer containing miscellaneous written pieces
published at fixed or varying intervals. Expressly excluded are all
other paper products of any nature whatsoever.
Any properties having three or more dwelling units per structure.
Conway Borough. Beaver County, Pennsylvania.
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 glossy advertising inserts often included with newspapers.
Owners, lessees and occupants of residences, commercial or
institutional establishments.
Empty plastic containers. Due to the large variety of types
of plastics, the recycling regulations may stipulate specific types
of plastic which may be recycled.
Those materials separated at the point of origin for the
purpose of being recycled, including those materials listed in Act
101 and by the municipality to be recycled.
Any occupied single or multifamily dwelling units having
up to three dwelling units per structure.
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 as beneficial to use.
There is hereby established a program for mandatory
separation of recyclable materials from solid waste by persons residing
in single dwellings or multifamily dwellings having up to three dwelling
units per structure for which the Borough of Conway, hereinafter referred
to as the "municipality," provides private waste collection service.
[Amended 5-21-2003 by Ord. No. 482, approved
5-21-2003]
Recyclable materials from residential dwellings
shall be placed at the curb or other designated place separate from
solid waste for collection or taken to dropoff sites at such times,
dates and places as may herein be established by regulation. Materials
to be recycled are food containers consisting of clear glass, colored
glass, steel, bimetallic and aluminum cans, office paper, newsprint,
corrugated paper, No. 1 and No. 2 plastic bottles and leaf waste.
A.
Commercial, municipal and institutional establishments
shall separate and store, until collection aluminum cans, high-grade
office paper, newsprint and No. 1 and No. 2 plastic bottles. These
establishments must arrange for the transfer of the materials to a
recycling system. The establishments shall annually provide to the
Borough of Conway evidence of such arrangement and documentation,
acceptable to the Borough, of the total number of tons recycled.
B.
Recyclable materials designated by the Borough of
Conway must be separated until collection at community activities.
Sponsoring organizations must arrange for the transfer of the materials
to a recycling system.
The owner, landlord or an agent of an owner
or landlord of multifamily housing properties of three or more units
shall establish a collection system for recyclables at each property.
Materials to be separated are clear glass, colored glass, steel, bimetallic
and aluminum cans, newsprint and No. 1 and No. 2 plastic bottles.
The collection system must contain suitable containers for collecting
and sorting materials, easily accessible locations for containers
and written instructions to the occupants concerning the use and availability
of the collection system. Owners, landlords and agents of the owners
or landlords shall not be liable for noncompliance of the occupants
of their building.
No person may place a used lead acid battery
in mixed municipal solid waste or discard or otherwise dispose of
a lead acid battery except by delivery to an automotive battery retailer
or wholesaler, to a secondary lead smelter permitted by the Environmental
Protection Agency or to a collection or recycling facility authorized
under the laws of the commonwealth.
It shall be a violation of this article for
any person(s) not authorized by the Borough of Conway to collect or
pick up or cause to be collected or picked up any such recyclable
material. Each such collection in violation hereof shall constitute
a separate and distinct offense punishable as hereinafter provided.
Any person may donate or sell recyclable materials
to individuals or organizations. These materials must be delivered
to the individual's or organization's site or they may be placed at
the curb for collection by said individual or organization on days
not indicated as recyclable material collection days by the Borough
of Conway. Said individuals or organizations may not collect recyclable
materials on or immediately preceding 24 hours to a regularly scheduled
curbside collection day. Persons donating materials shall annually
provide to the Borough of Conway acceptable documentation identifying
the total weight of the material accepted.
It shall be a violation of this article for
the authorized collector of recyclable materials to deliver such materials
to a landfill or incinerator for the purpose of disposal unless the
markets for such materials no longer exists. The authorized collector
will provide to the Borough of Conway the weight receipts of the recyclable
materials.
The Borough of Conway may enter into agreements
with public or private agencies or firms to authorize them to collect
all or part of the recyclable material from the curbside or from dropoff
collection points.
There is imposed upon each residential dwelling unit covered by this article a service charge as defined in § 78-11 of the Code of the Borough of Conway upon the availability and opportunity of having unlimited garbage, rubbish, trash and recycling removed by the Borough from each residential dwelling unit in the Borough.
A.
Any action by any person, firm, corporation or other
entity which violates any section of this article or any regulations
thereof shall be punishable by a fine of not less than $100 nor more
than $1,000, plus all costs of prosecution, or in default of payment,
to undergo imprisonment for not less than three nor more than 30 days.
B.
Each violation of any provision of this article or
any other related regulation shall be deemed a separate offense.
C.
Each day violation is continued shall be deemed a
separate offense.
This article shall not be amended or modified
except by a written instrument signed by the Borough and any involved
contractor.
This article shall be subject to all applicable
federal, state and local laws and ordinances as well as rules and
regulations set forth by the Department of Environmental Protection,
Commonwealth of Pennsylvania.
This article shall take effective on January
1, 2001.
