April 15, 2002
ESSENTIAL ELEMENTS FOR MUNICIPAL RECYCLING PROGRAMS
Pennsylvania Department of Environmental Protection
Bureau of Waste Management
Division of Waste Minimization and Planning
The Pennsylvania Municipal Waste Recycling, Planning and Waste Reduction Act (Act 101 of 1988) requires mandated municipalities to implement a recycling program. Mandated municipalities are those determined by the most recent Federal decennial census to have populations of 10,000 persons or greater, or populations of 5,000 to 10,000 and population densities greater than 300 persons per square mile. Act 101 requires these municipalities to enact a recycling ordinance to establish the program, to describe the elements of the program to its residents and commercial, institutional and municipal establishments and to empower the municipality to carry out the recycling program and enforce its provisions. It is recommended that non-mandated municipalities involved in curbside recycling programs should implement a recycling ordinance so an effective program can be established.
The information presented in this document is not intended to address all aspects of a municipality’s recycling program. A municipality should work with its solicitor to ensure that all elements of the municipality’s recycling program are addressed. The following is an outline of what should be considered when developing your recycling ordinance.
INTRODUCTION
The introduction to the recycling ordinance establishes the program and empowers the municipality to carry out and enforce the ordinance. Following the introduction are several paragraphs that establish the reason for the program. Examples:
WHEREAS,the Act of July 28, 1988, No. 101, known as the Municipal Waste Planning, Recycling and Waste Reduction Act, provides that each municipality of the Commonwealth shall have the power and duty to adopt and implement programs for the collection and recycling of municipal waste or source separated recyclable materials; and
WHEREAS, conservation of recyclable materials has become an important public concern because of the growing problem of solid waste disposal in its impact on our environment; and
WHEREAS,the adoption and implementation of recycling will effect the conservation of natural resources, the protection of the right of the people to clean air, pure water and the preservation of the environment;
NOW, THEREFORE, BE IT ORDAINED, by the (Governing Body) of the (Name of Municipality) in the (Name of County) Commonwealth of Pennsylvania by the authority of the same that:
SECTION I. TITLE:
Each ordinance should have a title that is descriptive of the program.
SECTION II. DEFINITIONS:
Terms that are used in the ordinance should be defined in this section and should correspond with the definition in Act 101. For example:
Aluminum Cans shall mean empty all-aluminum beverage and food containers.
Bimetallic Containers shall mean empty food or beverage containers of steel and aluminum.
Commercial Establishments shall mean those properties used primarily for commercial or industrial purposes and those multiple dwelling residential building containing more than four dwelling units.
Community Activities shall mean 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 shall mean structural paper material with an inner core shaped in rigid parallel furrows and ridges.
Ferrous Containersshall mean empty steel or tin-coated steel food or beverage containers.
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.
High-grade Office Paper shall mean all white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
Institutional Establishment shall mean those facilities that house or serve groups of people such as hospitals, schools, day care centers, and nursing homes.
Lead Acid Batteries shall include but not be limited to automotive, truck and industrial batteries that contain lead.
Leaf Waste shall mean leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings but not including grass clippings.
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 whatsoever.
Multi-family Housing Properties shall mean any proprieties having four (4) or more dwelling units per structure.
Municipal Establishmentsshall mean public facilities operated by the municipality and other governmental and quasi-governmental authorities.
Municipality shall mean (name of your municipality).
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.
Person(s) shall mean owners, lessees and occupants of residences, commercial or institutional establishments.
Plastic Containers shall mean empty plastic food, beverage containers and detergent containers. (Due to the large variety of types of plastic, your recycling regulation may want to stipulate specific types of plastics, which you are going to recycle).
Postconsumer Material shall mean any product generated by a business or consumer which has served its intended end use and which has been separated or diverted from solid waste for the purposes of collection, recycling and disposition. The term includes industrial by-products that would otherwise go to disposal or processing facilities. The Term does not include internally generated scrap that is commonly returned to industrial or manufacturing processes.
Recyclable Materials shall mean source separated recyclable materials, including materials listed in Section 1501 of Act 101, and materials identified by the municipality to be recycled.
Residential Dwellings shall mean any occupied single or multi-family dwelling having up to four (4) dwelling units per structure for which the municipality provides municipal waste collection service.
Source Separated Recyclable Materials shall mean those materials separated from municipal waste at the point of origin for the purpose of recycling. The term is limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, plastics and other marketable grades of paper.
Waste shall mean 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 Department for beneficial use.
SECTION III. Establishment of Program:
This section is used to establish the recycling program and outline its elements in accordance with Act 101 Section 1501 (c). This section should be general so that the ordinance is flexible. Regulations should be written as an attachment to the ordinance to include the specifics of the recycling program. (For instance, if a market for a material designated to be recycled is no longer available, than the regulations can be changed to substitute a new recyclable material. It will be easer to change the attachment than to change your ordinance).
The elements of the recycling program should include the following:
- Separation of recyclables by residences, storage and collection;
- Separation of recyclables by commercial, municipal and institutional establishments and community activities, storage and collection;
- Separation of recyclables by multi-family housing properties, storage and collection;
- Separation, collection and composting of leaf waste; and
- A sustained public information and education program.
At the end of this section it should be stated that the specific program regulations are provided as an attachment to the ordinance, and that the governing body is empowered to make changes to the program regulations as necessary. Subsequent changes to the program regulations may be made through approval of the governing body and public notice and notification of all affected parties, and should not necessitate a change in the ordinance itself.
SECTION IV. Lead Acid Batteries:
This section is optional. It prohibits disposal of lead acid batteries with the household (or municipal) waste as required by Act 101 Section 1510.
SECTION V. Separation and Composting of Leaf Waste:
This section describes the requirement for separation and collection of leaf waste for composting, consistent with Act 101, Section 1501 (c)(1)(ii) and Section 1502 (a). It prohibits leaf waste from being disposed of with the ordinary household waste. Specific details on the leaf collection program can be outlined in the regulations attachment. (The municipality may include separation and disposal of grass clippings into the ordinance if appropriate).
SECTION VI. Municipal Ownership of Recyclables:
This section identifies materials that are placed at curbside for collection as the property of the municipality. Nothing in the ordinance, however, may impair the ownership of recyclables by the persons who generated them unless and until the recyclables are placed at the curbside or similar location for collection by the municipality or its agents. The section should prohibit collection of recyclables by person not authorized by the municipality.
SECTION VII.Existing Recycling Operations:
This section allows recycling operations that were in existence on the effective date of Act 101 t continue their operations. Act 101 requires that municipalities give those recycling operations consideration when they are writing their ordinances. The municipality may require that these operations obtain permits to collect recyclables within the municipality and include certain restrictions, such as when they may collect.
SECTION VIII. Recycling of Materials: This prohibits any individual in the municipality from disposing and or burning of recyclables with the ordinary municipal waste. It requires that the collected materials be taken to a recycling facility. It also prohibits operators of the recycling program from disposing of recyclables in landfills or burned at incinerators.
SECTION IX. Franchise or License:
This section allows the municipality to enter into agreements with any agency to collect the recyclable materials.
SECTION X. Incentives, Violation, Penalty and Enforcement:
This section specifically describes what is prohibited. In addition, it establishes incentives for participation in the recycling program and penalties for violations of the ordinance. Incentives may include a per bag fee. Penalties should include a range for fine and set a separation violation for each day. This section also designates who is responsible for enforcing the municipality’s ordinance, such as the zoning officer, codes enforcement officer, public works officer or the police
SECTION XI.Severability:
This is standard ordinance language to retain the validity of unaffected provisions of the ordinance in the event that a provision(s) is deemed unconstitutional, illegal or invalid.
SECTION XII.Effective Date:
The ordinance should state the effective date of the recycling program and whether the program will be phased in. If the program is to be phased in, the ordinance should state when each section of the municipality will begin the recycling program and the date the municipality will have the total program implemented.
Recycling Program Regulations
Specific details of the recycling ordinance may be attached to the ordinance as recycling program regulations. This will permit the municipality to make changes to the program regulations without requiring amendment to the language of the ordinance. The following areas should be covered in the recycling program regulations:
These regulations will govern the (NAME OF MUNICIPALITY) Recycling program as empowered by Section III of Ordinance (NUMBER OF ORDINANCE).
Separation of Recyclables by Residences and Storage and Collection
This section describes what materials will be recycled, how the materials must be prepared and separated for recycling, where they will be placed for collection, when they will be collected, and designates responsibility for ensuring collection of the materials for recycling. A minimum of three of the following materials and leaf waste must be designated for the program: clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics. Materials other than leaf waste must be collected at least one day each month. This should also describe whether or not the materials are to be commingled, if labels, metal rings and caps are to be removed and food containers cleaned.
Separation of recyclables by Multi-Family Housing Properties and Storage and Collection
This section establishes recycling requirements for multi-family dwellings. It describes what materials are to be separated (see residential recycling above) and designates responsibility for ensuring that the materials are collected for recycling. Collection for materials other than leaf waste must be provided at least one day each month.
The section shall allow an owner, landlord or agent of an owner or landlord of multifamily housing properties to comply with the requirements of Act 101 by establishing a collection system for recyclable materials at each property. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers, and written instructions to the occupants concerning use and availability of the collection system. Owners, landlords and their agents who comply with this section shall not be liable for the noncompliance of occupants of their buildings.
Separation of Recyclables by Commercial, Municipal and Institutional Establishments and at Community Activities and Storage and Collection
This section describes recycling requirements for those establishments not included in the municipality’s residential recycling program. It describes what recyclable materials are to be separated, including, as a minimum, high-grade office paper, aluminum, corrugated paper, and leaf waste. The municipality may add flexibility to the ordinance for recycling of additional materials by requiring that an additional material(s) are recycled by these establishments. For instance, if a restaurant generates glass it may choose to recycle that material, however, if another type of establishment generates plastic, but not glass, it may choose to recycle plastic. Proof that those materials were recycled should be submitted with the annual report. This section also designates responsibility for ensuring that the materials are collected for recycling. Collection must be provided for materials other than leaf waste at least one day each month. It also establishes the annual report to be filed to the municipality by those seeking exception from the municipal recycling program (Act 101, Section 1501(c)(1)(iii)).
Separation and Collection of Leaf Waste
This section outlines the municipality’s requirements for leaf waste separation, describes the leaf waste collection program, and designates responsibility for ensuring that leaf waste is collected for composting. It prohibits leaf waste from being disposed of in a landfill or resource recover facility or from being burned by residence and requires that it be composted. Collection shall be scheduled as appropriate. For example, the municipality may schedule leaf collection during October, November and December or may schedule collection in the spring. The section should contain language that will permit property owners to compost or otherwise use leaf waste.
Public Education Program
This section describes the public education program. It sets the schedule for implementation of the education program. The municipality must conduct an education program at least thirty days before the initiation of the recycling program and at least once every six months thereafter. The municipality should also describe the methods that will be used to inform the public of the recycling and leaf collection program. For instance, the municipality may place ads in the newspaper, distribute brochures, leaflets or door hangers or use radio and TV as vehicles for informing the public. The public education program should include the requirements of the recycling ordinance and the incentives and penalties set forth in the ordinance.
Changes to the Regulations
Changes to the recycling program regulations will require approval from the governing body (administrative decision, vote at public meeting, resolution, etc. – no ordinance change is needed). Public notice and notification to all affected parties will be required in advance of any program changes.