The short title of this article shall be the
"City of Butler Recycling Ordinance" and the same may be cited in
that manner.
The following words and phrases used throughout
this article shall have the following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.
ALUMINUM
Empty, all-aluminum beverage or food cans.
BIMETAL CONTAINERS
Empty food or beverage containers constructed of steel and/or
aluminum.
COLLECTOR
The entity, or entities, authorized by the City Council of
the City of Butler to collect recyclable materials from residences,
or authorized by commercial, municipal and institutional establishments
that do not receive collection services from or through the City 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 four 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 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.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues,
clipped 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.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the City of Butler or other
governmental and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semisolid or contained gaseous materials,
resulting from operation of establishments and from community activities,
and any sludge not meeting the definition of residual or hazardous
waste in the Solid Waste Management Act.
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 colors 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 City may stipulate specific types
of plastic that may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal
and institutional establishments that are specified by the City and
can be separated from municipal waste and returned to commerce to
be reused as a resource in the development of 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, plastics and any other items selected
by the City or specified in future revisions to Act 101. The recyclable
materials selected by the City may be revised from time to time as
deemed necessary by City Council.
RECYCLING
The collection, separation, recovery and sale or reuse 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.
RESIDENCE
Any occupied single or multifamily dwelling having no more
than four dwelling units per structure for which the City 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 of. The term does not include source-separated recyclable
materials or material approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
Disposal by persons of lead acid batteries with
other municipal waste is prohibited and shall be a violation of this
article.
It shall be a violation of this article for
any person, firm or corporation, other than the City or one authorized
by the City 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 City or an authorized collector, unless such
person, firm or corporation is licensed by the Commonwealth of Pennsylvania
and has 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 punishable offense as
hereinafter provided.
Any residence or commercial, municipal or institutional
establishment may donate or sell recyclable materials to any person,
firm or corporation whether 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 City or other entity responsible for authorizing collection
of recyclables to make such a collection.
Disposal by persons of recyclable materials
and/or leaf waste with municipal waste is prohibited and shall be
a violation of this article. The collected recyclable materials shall
be taken to a recycling facility. Disposal by collectors or operators
of recycling facilities of source-separated recyclables in landfills
or burning in incinerators is prohibited unless markets do not exist
and the collectors or operators have notified the City Clerk or his
designee, in writing.