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:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.
ALUMINUM
All empty aluminum beverage or food cans.
COLLECTOR
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.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial
purposes, and those multiple-dwelling residential buildings containing
more than two dwelling units.
COMMUNITY ACTIVITIES
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.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
GLASS 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.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
LEAD-ACID BATTERIES
Includes but shall not be limited to automotive, truck and
industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
MAGAZINES and PERIODICALS
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 properties having three or more dwelling units per structure
and shall include apartments, hotels, inns and other like facilities.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
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
institutional establishments and from community activities and any
sludge not meeting the definition of residual or hazardous waste in
the Solid Waste Management Act from a municipal, commercial or institutional water supply
treatment plant or air pollution control facility. The term does not
include source-separated recyclable materials.
NEWSPAPERS
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.
PERSON(S)
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
PLASTIC CONTAINERS
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.
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 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.
RECYCLING
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.
RESIDENCES
Any occupied single-family or multifamily dwellings having
up to two dwelling units per structure for which the Borough provides
municipal waste collection service.
WASTE
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.
Disposal by persons of lead-acid batteries with other municipal
wastes is prohibited and shall be a violation of this chapter.
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.
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.