Article 932
SOURCE-SEPARATION AND COLLECTION OF RECYCLABLE MATERIALS

Sections:

932.01  Definitions.

932.02  Separation and collection of recyclable materials required.

932.03  Curbside collection.

932.04  Program rules and regulations.

932.05  Public information and education program.

932.06  Franchise or license for collection.

932.99  Penalty provisions.

932.01 Definitions.

(A) For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

(B) In addition, any definitions found in the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of July 28, 1988, and amendments thereto, are hereby incorporated by reference as though set forth in full.

(C) Specific Definitions.

(1) "Aluminum cans" shall mean empty all-aluminum beverage and food containers.

(2) "Bimetallic containers" shall mean empty food or beverage containers consisting of steel and aluminum.

(3) "Commercial establishment" shall mean those properties used primarily for commercial or industrial purposes.

(4) "Community activities" shall mean those 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.

(5) "Corrugated paper" shall mean structural paper material with an inner core shaped in rigid parallel furrows and ridges.

(6) "Designated recyclable" shall mean those recyclable as defined and designated in the City of Meadville recycling program rules and regulations.

(7) "Ferrous containers" shall mean empty steel or tin-coated steel food or beverage containers.

(8) "Glass containers" shall mean bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products.

(9) "High-grade office paper" shall mean all white paper, bond paper and computer paper used in commercial, institutional, and municipal establishments and in residences.

(10) "Institutional establishment" shall mean those facilities that house or serve groups of people such as hospitals, schools, day care centers, and nursing homes.

(11) "Lead acid batteries" shall include but not be limited to automotive, truck, motorcycle, boat, and industrial batteries that contain lead.

(12) "Leaf waste" shall mean leaves from trees, bushes and other plants, garden residue, shrubbery and tree trimmings but shall not include grass.

(13) "Magazines" and "periodicals" shall mean printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature.

(14) "Municipal establishments" shall mean public facilities operated by the municipality and other governmental and quasi-governmental authorities.

(15) "Municipal waste" shall mean any garbage, refuse, industrial lunchroom or office waste and 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, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.

(16) "Municipality" or "city" shall mean the City of Meadville.

(17) "Newspapers" shall mean 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 glossing advertising inserts often included with newspapers.

(18) "Occupant" shall mean those persons, partnerships, or corporations, associations, or similar entities which are occupying a premises.

(19) "Owner" shall mean any person, partnership, or corporation, associations or similar entities that has legal title to the property, and shall include landlords and their agents.

(20) "Person" shall mean any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this act prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.

(21) "Plastic containers" shall mean empty plastic food and beverage containers or carriers. Specific types of plastic containers subject to these recycling regulations shall be identified in the recycling program rules and regulations.

(22) "Recyclable materials" shall mean any materials identified by the municipality to be recycled in this article, in the recycling program rules and regulations adopted by the municipality, and shall include those identified in Section 1501 of the Municipal Waste Planning, Recycling and Waste Reduction Act and amendments thereto.

(23) "Residential dwelling units" shall mean homes, apartments or other residential establishments.

(24) "Source-separated recyclable materials" shall mean those materials separated at the point of origin for the purpose of being recycled.

(25) "Waste" shall mean 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. (Ord. 3245, 1990)

932.02 Separation and collection of recyclable materials required.

(A) Residential.

(1) All occupants of residential dwelling units shall separate at least three recyclable materials, or as many as may be determined from time to time in the recycling program rules and regulations of the city from other municipal or normal waste generated at their residential dwelling unit, and store such material until collection. The number and kind of recyclable materials to be collected and stored shall be designated periodically from the following: clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, plastics and such other materials as may be required by the recycling program rules and regulations or any other law.

(2) Except as provided in subsection (A)(3) of this section, all recyclable materials collected and separated in accordance with subsection (A)(1) of this section shall be placed at curbside or similar location in suitable containers as designated approved under the recycling program rules and regulations for collection on a schedule to be established from time to time by the city in the recycling program rules and regulations.

(3) All occupants of residential dwelling units with four or more units may comply with the requirements of this section by establishing a collection system for recyclable materials and leaf waste at each property which must be approved by the director of public works in accordance with the recycling program rules and regulations. The collection system must include suitable containers for collecting and sorting the materials, easily accessible locations for the containers and written instructions to the occupants concerning the required use and availability of the collection system. The means and time for collection and removal of these materials from the site shall be established as part of the approved collections system. Owners with approved collections systems shall maintain those systems for the collections of recyclable materials in the manner approved. Owners, however, shall not be liable for the noncompliance of occupants of their buildings.

(B) Commercial, Municipal and Institutional Recyclable Separation and Collection Requirements.

(1) Persons are hereby required to separate high-grade office paper, aluminum, corrugated paper and leaf waste and other material as may be designated from time to time in the recycling program rules and regulations generated at commercial, municipal or institutional establishments and from community activities and to store the material until collection.

(2) It shall be the responsibility of the owners of commercial, municipal, and institutional establishments to establish a program for the collection and removal of these recyclable materials in accordance with the recycling program rules and regulations and to have same approved by the public works director. It shall also be the responsibility of said owners to report to the public works director the volume and type of materials recycled each month. Each commercial, municipal and institutional establishment may have the amounts reported by a recyclable materials hauler or waste hauler with whom they have contracted for collection.

(C) Lead Acid Batteries. Lead acid batteries, as defined, are prohibited form the curbside collection program. (Ord. 3245, 1990)

932.03 Curbside collection.

(A) The city shall arrange for collection of recyclable materials from curbside or other similar designated location from residential dwelling units at least once per month and shall give notice of schedules for collections. Arrangement may also be made with the city for collection of recyclable materials from other establishments upon such terms and conditions as may be established in the recycling program rules and regulations.

(B) Nothing in this article or the recycling rules and regulations shall be deemed to impair the ownership of separated materials by the person who generated them unless and until such materials are placed at curbside or similar location for collection by the city or its agents.

(C) From time of placement of designated recyclable materials at the curb, for collection in accordance with the terms hereof, items shall be and become the property of the City of Meadville or its authorized agent. It shall be a violation of this article for any person unauthorized by the City of Meadville to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.

(D) It shall be unlawful for a person to collect, remove or dispose of solid waste which contains designated recyclable materials as defined in this article or in the recycling program rules and regulations combined with other forms of solid waste.

(E) Recyclable containers shall not be placed at curbside for collection more than 48 hours before the time scheduled for collection except as approved by the code official, and said containers shall be removed promptly after collection to an appropriate storage area. (Ord. 3285, 1991; Ord. 3245, 1990)

932.04 Program rules and regulations.

Recycling program rules and regulations will be promulgated from time to time by administrative staff personnel and submitted to city council for approval and adoption at a regular meeting. Failure of council to act on these rules and regulations within 30 days of their receipt will allow these rules and regulations to take effect as submitted. Said rules and regulations shall be dated with their effective date and attached to the ordinance codified in this article and otherwise made available for public inspection. (Ord. 3245, 1990)

932.05 Public information and education program.

A comprehensive sustained public information and education program concerning the recycling program and requirements will be performed by the city in accordance with the recycling program rules and regulations and other applicable laws. (Ord. 3245, 1990)

932.06 Franchise or license for collection.

The city may, at its discretion, enter into an agreement with any other entity for the collection of the designated recyclable materials. (Ord. 3245, 1990)

932.99 Penalty provisions.

Any person as defined who shall violate any provisions of this article shall, upon conviction in a court of competent jurisdiction, be guilty of a summary offense and shall be subject to a fine of not more than $1,000 and costs of prosecution or, in default of payment of such fines and costs, to undergo imprisonment for a period not to exceed 30 days. Each day a violation continues shall constitute a separate violation and shall be deemed a separate offense. (Ord. 3245, 1990)