Section 4000.1501 - Municipal Implementation of recycling programs(a)Large population.--Except as provided in subsection (b.2), a municipality other than a county that has a population of 10,000 or more people shall establish and implement a source-separation and collection program for recyclable materials in accordance with this section. Population shall be determined by the most recent decennial census by the United States Census Bureau.(b)Small population.--Except as provided in subsection (b.2), a municipality other than a county that has a population of more than 5,000 people but less than 10,000 people and that has a population density of more than 300 people per square mile shall establish and implement a source-separation and collection program for recyclable materials in accordance with this section. Population shall be determined based on the most recent decennial census by the United States Census Bureau.(b.1)Determination of population.--For purposes of determining the population of a municipality other than a county under subsections (a) and (b), the number of people residing in a Federal or State facility that conducts a facility-wide recycling program administered by the Federal or State government and that is situated in the municipality shall be excluded.(b.2)Leaf waste.--A municipality other than a county that has a population of more than 5,000 people and that has a population density of 500 or fewer people per square mile shall be exempt from establishing a leaf waste collection program provided that the municipality has enacted an ordinance prohibiting the burning of leaf waste. If a municipality has not enacted an ordinance prohibiting the burning of leaf waste, the municipality shall be subject to the requirements of: (1) subsection (a) if the municipality has a population of 10,000 or more people; or(2) subsection (b) if the municipality has a population of more than 5,000 people but less than 10,000 people and has a population density of more than 300 people per square mile.(c)Contents.--The source-separation and collection program shall include, at a minimum, the following elements:(1) An ordinance or regulation adopted by the governing body of the municipality, requiring all of the following:(i) Persons to separate at least three materials deemed appropriate by the municipality from other municipal waste generated at their homes, apartments and other residential establishments and to store such materials until collection. The three materials shall be chosen from the following: clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics. Nothing in the ordinance or regulation 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 municipality or its agents.(ii) Persons to separate leaf waste from other municipal waste generated at their homes, apartments and other residential establishments until collection unless those persons have otherwise provided for the composting of leaf waste. The governing body of a municipality shall allow an owner, landlord or agent of an owner or landlord of multifamily rental housing properties with four or more units to comply with its responsibilities under this section 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 the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this act shall not be liable for the noncompliance of occupants of their buildings.(iii) Persons to separate high grade office paper, aluminum, corrugated paper and leaf waste and other materials deemed appropriate by the municipality generated at commercial, municipal or institutional establishments and from community activities and to store the material until collection. The governing body of a municipality shall exempt persons occupying commercial, institutional and municipal establishments within its municipal boundaries from the requirements of the ordinance or regulation if those persons have otherwise provided for the recycling of materials they are required by this section to recycle. To be eligible for an exemption under this subparagraph, a commercial or institutional solid waste generator must annually provide written documentation to the municipality of the total number of tons recycled.(2) A scheduled day, at least once per month, during which separated materials are to be placed at the curbside or a similar location for collection.(3) A system, including trucks and related equipment, that collects recyclable materials from the curbside or similar locations at least once per month from each residence or other person generating municipal waste in the county or municipality. The municipality, other than a county, shall explain how the system will operate, the dates of collection, the responsibilities of persons within the municipality and incentives and penalties.(4) Provisions to ensure compliance with the ordinance, including incentives and penalties.(5) Provisions for the recycling of collected materials.(d)Notice.--Each municipality subject to this section shall establish a comprehensive and sustained public information and education program concerning recycling program features and requirements. As a part of this program, each municipality shall, at least 30 days prior to the initiation of the recycling program and at least once every six months thereafter, notify all persons occupying residential, commercial, institutional and municipal premises within its boundaries of the requirements of the ordinance. The governing body of a municipality may, in its discretion as it deems necessary and appropriate, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, including a notice with other official notifications periodically mailed to residential taxpayers or utilize any combination of the foregoing.(e)Implementation.--(1) Except as provided in paragraph (2), a municipality shall implement its responsibilities for collection, transportation, processing and marketing materials under this section in one or both of the following ways: (i) Collect, transport, process or market materials as required by this section.(ii) Enter into contracts with other persons for the collection, transportation, processing or marketing of materials as required by this section. A person who enters into a contract under this subsection shall be responsible with the municipality for implementation of this section.(2) Nothing in this section requires a municipality to collect, transport, process and market materials or to contract for the collection, transportation, processing and marketing of materials from establishments or activities where all of the following are met:(i) The municipality is not collecting and transporting municipal waste from such establishment or activity.(ii) The municipality has not contracted for the collection and transportation of municipal waste from such establishment or activity.(iii) The municipality has adopted an ordinance as required by this section, and the establishment or activity is in compliance with the provisions of this section.(f)Preference.--In implementing its recycling program, a municipality shall accord consideration for the collection, marketing and disposition of recyclable materials to persons engaged in the business of recycling on the effective date of this act, whether or not the persons were operating for profit.(g)Recycling by operator.--An operator of a landfill or resource recovery facility may contract with a municipality to provide recycling services in lieu of the curbside recycling program. The contract must ensure that at least 25% of the waste received is recycled. The economic and environmental impact of the proposed technology used for the recycling shall receive prior approval from the department.(h)Alternative program.--A municipality shall be deemed to comply with this section through the use and operation of a recycling facility if it demonstrates all of the following to the department's satisfaction:(1) Materials separated, collected, recovered or created by the recycling facility can be marketed as readily as materials collected through a curbside recycling program.(2) The mechanical separation technology used in the recycling facility has been demonstrated to be effective for the life of operations at the facility. 1988, July 28, P.L. 556, No. 101, § 1501, effective in 60 days. Amended 2012, June 30, P.L. 734, No. 83, § 1, effective in 60 days [Aug. 29, 2012]; 2018, Oct. 24, P.L. 678, No. 101, § 1, effective in 60 days [Dec. 24, 2018].