[Adopted 6-25-1990 as Ord. No. 2358]
The short title of this Article shall be the
"Borough of Wilkinsburg 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:
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 entity or entities authorized by the municipality to
collect recyclable materials from residences or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the municipality to collect recyclable material from
those properties.
Those properties used primarily for commercial or industrial
purposes.
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 two hundred (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 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, orphanages, day-care
centers, schools and universities.
Includes but is not 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.
Includes aluminum, bimetal containers and ferrous containers.
Public facilities operated by the borough and other governmental
and quasi-governmental authorities.
The Borough of Wilkinsburg.
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, wastewater 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 colors other
than black and white often included with newspapers.
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
Empty food and beverage containers. Due to the wide variety
of types of plastics, the municipality 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 municipality
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 and
any other items selected by the municipality 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 creation and recovery of reusable materials.
Any occupied single- or multifamily dwellings 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.
The borough hereby establishes a recycling program
from the mandatory separation and collection 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.
Disposal by persons of lead acid batteries with
other municipal wastes is prohibited and shall be a violation of this
Article.
A.
All persons who are residents of the borough shall
separate all of those recyclable materials, designated by borough
regulations, from all other municipal waste produced at their homes,
apartments and other residential establishments, store such materials
for collection and shall place the same for collection in accordance
with the guidelines established hereunder.
(1)
Persons in residences must separate designated recyclable
materials from other refuse. Recyclable materials shall be placed
at the curbside in containers provided by the borough for collection.
(2)
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 returning
the allocated container(s) to the borough or shall pay the replacement
cost of said container(s). Whenever any person or entity is selling
real estate within the Borough of Wilkinsburg and requests that the
borough issue a letter of certification concerning municipal liens,
the borough shall not issue such lien certification until said person
or entity shall return the allocated container(s) to the borough or
shall pay the replacement cost of said container(s).
(3)
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 Article.
B.
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.
Persons must separate from solid waste all high-grade
office paper, aluminum, metal cans, glass containers, corrugated paper,
leaf waste and such other materials as may be designated by the borough
generated at commercial, municipal and institutional establishments
and from community activities. All commercial, municipal and institutional
establishments and community activities shall be responsible for the
proper storage, collection and transportation of said recyclable materials,
at no expense to the borough, in accordance with the borough's regulations.
Said recyclable materials shall be collected at least once a month
for transportation to a suitable processing plant or final recycling
destination in accordance with Act 101. All said commercial, municipal
and institutional establishments and community activities shall file
a report with the borough annually, on or before January 1 of each
year, to verify that the designated recyclable materials are being
recycled in an appropriate manner.
[Amended 11-30-1994 by Ord. No. 2472]
All recyclable materials placed by persons for collection by the borough or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the borough or the authorized collector, except as otherwise provided by § 222-8 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 the curbside for collection.
It shall be a violation of this article for
any person, firm or corporation, other than the borough or one authorized
by the Borough Council or other entity responsible for collection
of recyclable materials, to collect recyclable materials placed by
residences 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 (1) or more residences or commercial, municipal
and institutional establishments on one (1) 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 Council 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 Article.
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 in writing.
A.
The borough is hereby authorized and directed to make
reasonable rules and regulations for the operation and enforcement
of this Article as deemed necessary, including but not limited to:
(1)
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)
Establishing collection procedures for recyclable
materials.
(3)
Establishing reporting procedures for amounts of materials
recycled.
(4)
Establishing procedures for the distribution, monitoring
and collection or recyclable containers.
(5)
Establishing procedures and rules for collection of
leaf waste.
B.
Any person, firm or corporation who shall violate
the provisions of this article shall receive an official written warning
of noncompliance for the first and second offense. Thereafter all
such violations shall be subject to the penalties hereafter provided.
C.
Except as hereinafter provided, any person, firm or
corporation who shall violate any of the provisions of this article
shall, upon conviction, be sentenced to pay a fine of not less than
twenty-five dollars ($25.) nor more than one thousand dollars ($1,000.)
and costs of prosecution for each and every offense.
[Amended 11-30-1994 by Ord. No. 2472]
D.
The borough reserves the right not to collect municipal
waste containing recyclable materials in combination with nonrecyclable
materials.
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 § 222-10.
