Erie's mandatory recycling program is codified at Article 958 of the Codified Ordinances (Separation of Recyclables), enacted under the Third Class City Code (53 P.S. §35101 et seq.) and the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101, 53 P.S. §4000.101 et seq.) which mandates curbside recycling for every municipality with population over 10,000. Residents must separate newspapers, office paper, magazines, #1 and #2 plastic bottles/jugs/jars with screw-top lids, flattened corrugated cardboard and paperboard, and metal food and beverage cans. Curbside set-out is in clear plastic bags or blue bins (blue bags no longer accepted) on the regular refuse night.
Pennsylvania's Act 101 (53 P.S. §4000.101 et seq.), enacted in 1988, requires every municipality with a population of 10,000 or more (Erie's population is ~95,000) to establish a curbside recycling program for at least three of eight specified materials (clear glass, colored glass, aluminum, steel/bimetal cans, high-grade office paper, newsprint, corrugated paper, plastic). Erie satisfies this mandate at Article 958 of the Codified Ordinances (Separation of Recyclables), which is the local implementing ordinance for the City's Recovery Program. The City's accepted-materials list (published by the Bureau of Refuse and Recycling) covers: newspapers, office paper, and magazines; #1 PET and #2 HDPE plastic bottles, jugs, and jars with screw-top lids (caps removed and lids placed loose); flattened corrugated cardboard and paperboard (cereal boxes, shoe boxes); and metal food and beverage cans (steel and aluminum). Materials excluded curbside include polystyrene foam (Styrofoam), food-contaminated items, plastic cups, plastic tubs, food takeout clamshell containers, and plastic toys - these require drop-off or refusal at point of sale. Curbside set-out is in clear plastic bags or blue bins (resident-supplied; available at local hardware stores). Blue bags are no longer accepted. Glass, batteries, electronics (under the PA Covered Device Recycling Act, 73 P.S. §1727.1), appliances, and household hazardous waste require drop-off at Erie County events or designated facilities; Erie County's Department of Planning and Community Development maintains the regional drop-off list under its Act 101 county-plan obligations. Erie's mandatory-separation requirement applies to all residential addresses served by the City refuse program (1-4 unit residential).
Failure to separate recyclables from the regular refuse stream is enforced under Article 958 and the Article 1129 Quality of Life Ticketing Program at $100 per occurrence. The City may refuse to collect refuse contaminated with recyclables until separated. Repeated or unpaid tickets escalate to summary citation before the Magisterial District Judge with fines of $300-$1,000 per offense (90-day max imprisonment). PA Act 101 also authorizes PA DEP enforcement against municipalities that fail to operate compliant programs, but DEP's enforcement runs to the City rather than to individual residents. Erie County coordinates regional compliance under its Act 101 Municipal Waste Management Plan.
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