[Adopted 8-23-1990 by Ord. No. 203]
As used in this article, the following terms
shall have the meanings indicated:
All aluminum beverage or food cans which have been emptied.
Any occupied multifamily structure having three or more dwelling
units per structure for which the Township does not provide municipal
waste removal services.
Empty food or beverage containers consisting of steel and
aluminum.
All items which are too large to bag, can, or bundle, including
furniture, large appliances, furnaces, excluding automobile tires
and automobile parts.
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 200 or
more individuals per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Every refuse, accumulation of animal, fish, fowl, food, fruit
or vegetable matter that attends the preparation, use, cooking, dealing
in or storage of meat, fish, fowl, food, fruit or vegetable or any
other organic substance or substances subject to fermentation or decay,
including condemned food, cans, bottles, crockery and cooking utensils.
Specifically excluded are items designated as recyclables materials.
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 and 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, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
Facilities owned and/or operated by a municipality as defined
herein.
Any county, city, borough, incorporated town, Township or
home rule municipality.
A source-separation and collection program for recycling
municipal waste or source-separated recyclable materials or a program
for designated drop-off points or collection centers for recycling
municipal waste or source-separated recyclable materials that is operated
by or on behalf of a municipality. The term includes any source-separation
and collection program for composting yard waste that is operated
by or on behalf of a municipality. The term shall not include any
program for recycling construction/demolition waste or sludge from
sewage treatment plants or water supply treatment plants.
Any garbage, refuse, rubbish, bulk rubbish, industrial lunchroom
or office waste 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, 35 P.S. § 6018.101
et seq., from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air-pollution control
facility. The term does not include recyclable materials or lead acid
batteries or other items excluded from collection by the contractor
under its contract with the Township.
Any facility that is designed, operated or maintained for
the disposal of municipal waste, whether or not such facility possesses
a permit from the Department of Environmental Protection of the Commonwealth
(DEP) under the Solid Waste Management Act, 35 P.S. § 6018.101
et seq. The term shall not include any facility that is used exclusively
for disposal of construction/demolition waste or sludge from sewage
treatment plants or water supply treatment plants.
Includes paper, the type commonly referred to as "newsprint"
and distributed at fixed intervals, having printed thereon news and
opinions and containing advertisements and other matters of public
interest. Expressly excluded are "newspapers" which have been soiled,
color comics, glossy advertising inserts and inserts printed in color
included with "newspapers."
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency (including, but
not limited to, the Department of General Services and the State Public
School Building Authority) or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this article 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.
Empty food, beverage or other containers. Due to the large
variety of types of plastics, the recycling program regulations, in
Attachment A hereto, may stipulate specific types of plastics which
may be recycled.[1]
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Township
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 bimetal cans,
high-grade office paper, newsprint, corrugated paper, leaf waste,
plastics and any other items selected by the Township or specified
in future revisions to Act 101.[2] The recyclable materials selected by the Township may
be revised from time to time as deemed necessary by the Township.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of 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.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin and raw materials. The term "recycling
facility" shall not mean transfer stations or landfills for solid
waste nor composting facilities or resource recovery facilities.
All discarded articles or materials, including rubbish and
incombustible waste, except sewage and liquid waste. Paint cans are
included under "refuse," but must be empty for disposal.
Any occupied single-family or multifamily structures having
up to two dwelling units per structure for which the Township provides
municipal waste collection service.
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste that is generated
off site, including, but not limited to, a facility that mechanically
extracts materials from municipal waste, a combustion facility that
converts the organic fraction of municipal waste to usable energy
and any chemical and biological process that converts municipal waste
into a fuel product. The term also includes any facility for the combustion
of municipal waste that is generated off-site, whether or not the
facility is operated to recover energy.
All rags, paper, grass cuttings, household refuse, straw
excelsior and such other refuse as may result through ordinary household
pursuits and which may be destroyed by burning, including incinerator
ashes and refuse from burners. Parts of trees not more than four feet
in length and six inches in diameter which are placed in containers
or tied in bundles are included in the term "rubbish," as are Christmas
trees in December, January and February.
"Solid waste" as defined in the Act of July 7, 1980 (P.L.
380, No. 97), known as the "Solid Waste Management Act," 35 P.S. § 6018.101
et seq.
The Act of July 7, 1980 (P.L. 380, No. 97), 35 P.S. § 6018.101
et seq.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
There is hereby established a municipal recycling
program for the mandatory separation of recyclable materials and leaf
waste from municipal waste in the Township of West Deer. Specific
program regulations are provided as Attachment A to this article.[1] The Township of West Deer is empowered to make changes to program regulations as necessary as described in § 181-12 hereof, provided that the collection of recyclable materials shall be made at least once per month by the Township, its designated agent or any other authorized waste collectors operating in the Township. The recycling program shall also contain a sustained public information and education program.
[1]
Editor's Note: Attachment A is on file in
the office of the Manager/Secretary.
Disposal by persons of lead acid batteries with
municipal waste and/or recyclable materials is hereby prohibited.
A.
Residential dwelling (residential and apartments).
In addition to separating leaf waste from municipal waste, all persons
shall be required to separate from municipal waste generated at their
homes, apartments and other residential establishments at least three
materials to be designated by the Township from the following materials:
B.
Commercial, municipal, institutional establishments
and community activities. At a minimum, all commercial, municipal
and institutional establishments and community activities shall be
required to separate for recycling materials including high-grade
office paper, aluminum, corrugated paper and leaf waste. Based upon
the volume generated, the Township may require additional materials
to be separated for recycling from the following materials:
Persons shall separate, prepare and store for
collection the designated materials in the following manner:
A.
Newsprint shall be tied both across and lengthwise
in easy-to-manage bundles or placed in paper bags and kept dry.
B.
Clear glass and colored glass shall be emptied, cleaned
and placed in the recyclable material containers to be provided by
the Township.
C.
Aluminum, steel and bimetallic cans shall be emptied
and placed in the recyclable material containers provided by the Township.
D.
Corrugated paper shall be tied both across and lengthwise
in easy-to-manage bundles or placed in paper bags and kept dry.
E.
All persons shall separate and remove leaf waste from
other municipal waste generated at their homes, apartments and other
residential establishments and shall compost said leaf waste until
the designated pickup dates for leaf waste.
F.
All high-grade office paper, aluminum, corrugated paper and leaf waste and other material which may be designated by the Township for recycling which is generated at commercial, municipal, institutional establishments and from community activities shall be separated and stored until it can be collected by the Township, unless other provisions are made for its collection pursuant to § 181-9 and/or 181-10 hereof.
Nothing in this article shall be deemed to impair
the ownership of separated materials by the person who generated them,
unless and until such materials are placed at curb side or a similar
designated location for collection by the Township or its agents and/or
contractor.
Any containers provided to residents for collection
of recyclable materials shall be the property of the Township and
shall be used only for the collection of recyclable materials. Any
resident who moves within or from the Township shall be responsible
for returning the allocated containers to the Township or shall pay
the replacement cost of said containers. 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 containers shall be a violation of this article.
The Township shall pick up or provide for the
pickup of all recyclable materials from the curb side or similar location
of all dwellings of one or two units and other participating establishments
one time per week on the designated day that the municipal waste is
picked up by the Township or its agents or contractor. Said recyclable
material shall be placed in the designated containers to be provided
by the Township and shall be picked up by trucks and other related
equipment at the curb side or similar location, unless otherwise provided
for by the resident and the collector. The recyclable material shall
be transported to the recovery facility where the recyclable materials
will be separated for sale to a secondary market or reused by a manufacturer
as a substitute for or a supplement to virgin or raw materials. The
Township or its agents and/or contractors shall provide written documentation
of the total number of tons of recyclable materials collected and
disposed of each year pursuant to the provisions of the aforementioned
Act 101 of July, 1988.
Any person, owner, landlord or agent of an owner
or landlord of multifamily rental housing properties with three or
more units (apartments) must comply with the requirements of this
article by establishing an independent collection system for recyclable
materials at each multifamily rental housing 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 individual collection system. Persons, owners, landlords and
agents of owners or landlords who comply with the provisions of this
section shall not be liable for the noncompliance of occupants of
the multifamily rental housing properties. Any owners, landlords and/or
their agents of multifamily dwellings of three or more units must
provide annually to the Township of West Deer written documentation
of the total number of tons of material that have been recycled. This
written documentation shall be in the form of receipt slips which
shall show the volume of material recycled per receipt. This written
documentation must also show the total number of tons of recyclable
material collected and disposed of per year.
Any person, occupying a commercial, institutional
or municipal establishment within the municipal boundaries of the
Township of West Deer must provide for their own separation and collection
of recyclable materials and must provide annually to the Township
of West Deer written documentation of the total number of tons of
material that have been recycled. This written documentation shall
be in the form of receipt slips which shall show the volume of material
recycled per receipt. This written documentation must also show the
total number of tons of recyclable material collected and disposed
of per year.
A.
It shall be unlawful for any unauthorized person to
collect or pickup or cause to be collected or picked up any recyclable
material once it has been placed at the curb or other similar designated
location.
B.
It shall also be unlawful for any person to collect,
remove or dispose of solid and/or municipal waste which contains recyclable
materials when they are combined with other forms of solid and/or
municipal waste.
The Township of West Deer Board of Supervisors
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:
A.
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 and apartments.
B.
Establishing procedures for the distribution, monitoring
and collection of containers for the recyclables.
C.
Establishing procedures and rules for the collection
of leaf waste.
D.
Establishing collection procedures for the recyclable
materials.
E.
Establishing reporting procedures for amounts of materials
recycled.
[Amended 1-22-1997 by Ord. No. 265; 4-20-2016 by Ord. No. 408]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000, plus costs,
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
