[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 9-17-1990 by Ord. No. 619. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 136.
The short title of this chapter shall be the "Borough of Baldwin
Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases, as used throughout this chapter,
shall have the following meanings:
The 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
aluminum.
The Borough of Baldwin.
The entity or entities authorized by the Borough to collect
recyclable materials from residences or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Borough to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes, and those multiple-dwelling residential buildings containing
more than two dwelling units.
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 attended by 200 or more individuals
per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated food or beverage containers.
Bottles and jars made of either 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 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.
Includes 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 three or more dwelling units per structure
and shall include apartments, hotels, inns and other like facilities.
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
The Borough of Baldwin.
Any garbage, refuse, industrial lunchroom or 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 or air pollution control facility. The term does not
include source-separated recyclable materials.
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, color comics, glossy
advertising inserts and advertising inserts printed in color other
than black and white, often included with newspapers.
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the Borough may stipulate specific types
of plastic which may be recycled.
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 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 Borough or specified
in future revisions to Act 101. The recyclable materials selected
by the Borough may be revised from time to time as deemed necessary
by the Borough.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics 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 the creation and recovery of reusable materials.
Any occupied single-family or multifamily dwellings having
up to two dwelling units per structure for which the Borough provides
municipal waste collection service.
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.Â
The Borough hereby establishes a recycling program for the mandatory
separation of recyclable materials and the 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 the recyclable materials shall be made at
least once per month by the Borough, its designated agent or any other
solid waste collectors operating in the Borough and 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.
B.Â
Specific program regulations are provided in the form of a resolution
as an attachment to this chapter.[1] The Borough Council is empowered to make changes to program regulations as necessary, as described in § 132-10. Subsequent changes in the program regulations may be made through approval of the Borough Council and public notice and notification of all affected parties.
[1]
Editor's Note: Said resolution is on file in the Borough
Secretary's office.
Disposal by persons of lead-acid batteries with other municipal
wastes is prohibited and shall be a violation of this chapter.
A.Â
All persons who are residents of the Borough shall separate all of
those recyclable materials designated by the Borough from all other
municipal waste produced at their homes, apartments and other residential
establishments, shall store such materials for collection, and shall
place the same for collection in accordance with the guidelines established
hereunder.
(1)Â
Persons in residences must separate recyclable materials from other
refuse. For those residences utilizing the Borough's authorized
agent, recyclable materials shall be placed at the 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 the collection of recyclable
materials. Any resident who moves within or from the Borough shall
be responsible for leaving the allocated container within the residence
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 chapter.
(a)Â
Residents may, if necessary, purchase additional containers
of their choosing for recyclable materials. However, any such container
must bear the self-adhesive recycling logo label. The labels are available
at the Borough office free of charge.
(b)Â
If recyclable materials are collected by a collector other than
the Borough or its authorized agent (owners, landlords and agents
of owners or landlords, but excluding individual residents), such
collector shall submit an annual report to the Borough reporting the
tonnage of materials recycled during the previous year.
(2)Â
An owner, landlord or agent of an owner or landlord of a multifamily
rental housing property with three units or more must comply with
his 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 collections system.
(a)Â
If recyclable materials are collected by a collector other than
the Borough or its authorized agent (owners, landlords and agents
of owners or landlords, such collector shall submit an annual report
to the Borough reporting the tonnage of materials recycled during
the previous year.
B.Â
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.Â
Persons must separate high-grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the Borough and is 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
if that person submits documentation to the Borough annually indicating
that the designated recyclable materials are collected by a collector
other than the Borough or its authorized agent. Occupants of said
establishments shall submit an annual report to the Borough reporting
the tonnage of materials recycled during the previous year, provided
that such person shall submit, at a minimum, an annual recycling report
to the Borough Secretary.
(1)Â
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.
(2)Â
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.
(3)Â
Documentation may be in the form of one of the following:
(a)Â
Copies of weight receipts or statements which consolidate such
information;
(b)Â
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); or
(c)Â
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. The type and weight of recyclables generated by an individual
establishment may be approximated based on a representative sample
of its waste.
(5)Â
Only the weight of materials marketed for recycling purposes can
be credited to an establishment.
D.Â
All employees, users (patrons) and residents of commercial, municipal
and institutional establishments shall be informed by their employers
of the recycling program. The education program shall 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 requirements of the program.
E.Â
Waste minimization.
(1)Â
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)Â
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, clear,
green and brown glass and any other materials generated in significant
quantities.
(b)Â
A description of all possible waste minimization options, including
use and waste reclamation.
(c)Â
An evaluation of the economic and technical feasibility of each
option and a ranking of each option.
(d)Â
An estimate of the payback period for each feasible option.
(e)Â
A statement of which options will be implemented, including
an explanation and a timetable.
(f)Â
Identification of the individual(s) who will be responsible
for implementing the plan.
(2)Â
The waste minimization plan should be periodically updated.
(a)Â
Implementation of the plan should include:
[1]Â
Recycling or composting of materials, to the greatest extent
feasible, either privately or through a municipal recycling program.
[2]Â
Use, to the greatest extent feasible, of products and materials
which are recyclable or made of post-consumer materials.
[3]Â
Substitution, to the greatest extent feasible, of durable and
reusable products and materials for products that are not durable
or reusable.
(b)Â
Appropriate education materials and signs should be made available
to employees or the public to encourage participation in recycling
and waste reduction.
F.Â
All recycling collection activity shall be conducted from Monday
through Friday between the hours of 6:00 a.m. and 5:00 p.m. or on
Saturdays between the hours of 6:00 a.m. and 5:00 p.m., unless prior
approval or any 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 authorized collector pursuant to this chapter shall, from time of placement at the curb, become the property of the Borough or the authorized collector, except as otherwise provided by § 132-8 of this chapter. Nothing in this chapter 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. Nothing contained herein, however, shall be construed so as to create liability on the part of the Borough because of the placement of such recyclable materials at curbside.
It shall be a violation of this chapter for any person, firm
or corporation, other than the Borough or one authorized by the Borough
Council, or other entity responsible for providing for collection
of recyclable materials, to collect recyclable materials placed by
residences or commercial, municipal and institutional establishments
for collection by the Borough or an authorized collector 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 establishments on one calendar day shall constitute
a separate and distinct offense punishable as hereinafter provided.
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 or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this chapter. 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 Borough Secretary, or her designee, in writing.
A.Â
The Borough Council shall make reasonable rules and regulations for
the operation and enforcement of this chapter as deemed necessary,
including but not limited to:
(1)Â
Establishing recyclable materials to be separated for collection
and recycling by residences and additional recyclable materials to
be separated by commercial, municipal and institutional establishments.
(2)Â
Establishing collection procedures for recyclable materials.
(3)Â
Establishing reporting procedures for amounts of materials recycled.
(4)Â
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
(5)Â
Establishing procedures and rules for the collection of leaf waste.
B.Â
Any person, firm or corporation who shall violate the provisions
of this chapter shall receive an official written warning of noncompliance
for the first and second offense. Thereafter, all such violations
shall be subject to the penalties hereinafter provided.
C.Â
Except as hereinafter provided, any person, firm or corporation who
shall violate any of the provisions of this chapter shall, upon conviction,
be sentenced as follows:
(1)Â
Summary offense. Any person, other than a municipal official exercising
his official duties, who violates any provision of this chapter, any
regulation promulgated hereunder, any order issued hereunder or the
terms or conditions of any approved municipal waste management plan
shall, upon conviction thereof in a summary proceeding, be sentenced
to pay a fine of not less than $100 and not more than $1,000.
(2)Â
Misdemeanor offense. Any person, other than a municipal official
exercising his official duties, who violates any provision of this
chapter, any regulation promulgated hereunder, any order issued hereunder
or the terms or conditions of any approved municipal waste management
plan commits a misdemeanor of the third degree and shall, upon conviction,
be sentenced to pay a fine of not less than $1,000 but not more than
$10,000 per day for each violation.
(3)Â
Second or subsequent offense. Any person, other than a municipal
official exercising his official duties, who, within two years after
a misdemeanor for any violation of this chapter, violates any provision
of this chapter, any regulation promulgated hereunder, any order issued
hereunder or the terms or conditions of any approved municipal waste
management plan commits a misdemeanor of the second degree and shall,
upon conviction, be sentenced to pay a fine of not less than $2,500
nor more than $25,000 for each violation.
D.Â
Violations to be separate offense. Each violation for each separate day and each violation of any provision of this chapter, any regulation promulgated hereunder, any order issued hereunder or the terms or conditions of any approved municipal waste management plan shall constitute a separate offense under Subsection C(1), (2) and (3).
E.Â
The Borough reserves the right not to collect municipal waste containing
recyclable materials in combination with nonrecyclable materials or
not to collect municipal waste from any residence not being registered
as having obtained a Borough recycling container.
The Borough 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 Borough may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 132-10.