The intent of this article is to:
A. Promote the public health of the residences of the Township of Springfield
and the Commonwealth of Pennsylvania;
B. Comply with the requirements of the Covered Device Recycling Act
(108) of 2010 of the Commonwealth of Pennsylvania;
C. Prevent municipal or commercial solid waste originating from the
Township of Springfield from being rejected by landfills, plants and
other disposal facilities pursuant to the landfill disposal ban which
becomes effective January 24, 2013;
D. Prevent the Township of Springfield from incurring additional costs
for transportation and disposal should municipal or commercial solid
waste originating from the Township of Springfield be rejected by
landfills, plants and other disposal facilities because covered devices
are commingled with municipal or commercial waste being disposed;
and
E. Promote recycling of covered devices through the use of programs
offered by retailers, manufacturers, county and local government,
and other organizations to dispose of and collect hazardous waste
such as covered devices.
As used in this article, the following terms shall have the
meanings indicated:
COMPUTER
A desktop or notebook computer. The term does not include
an automated typewriter, professional workstation, server, mobile
telephone, portable handheld calculator, portable digital assistant,
MP3 player or other similar device.
CONSUMER
An occupant of a single detached dwelling unit or a single
unit of a multiple dwelling unit who has used a covered device primarily
for personal or small business use. For purposes of this definition,
a small business is an entity that is independently owned or operated,
employs 50 or fewer people, has purchased or leased a covered computer
device from a computer manufacturer or retailer and, but for the program
established under the Pennsylvania Covered Device Recycling Act 108
of 2010 would not otherwise have access to electronic recycling
programs.
COVERED COMPUTER DEVICE
A desktop or notebook computer or computer monitor or peripheral,
marketed and intended for use by a consumer. The term does not include
a covered television device.
COVERED DEVICE
A covered computer device and covered television device marketed
and intended for use by a consumer. The term does not include:
A.
A device that is a part of a motor vehicle or any component
part of a motor vehicle assembled by or for a vehicle manufacturer
or franchised dealer, including replacement parts for use in a motor
vehicle;
B.
A device that is functionally or physically a part of or connected
to or integrated within equipment or a system designed and intended
for use in an industrial, governmental, commercial, research and development
or medical setting, including, but not limited to, diagnostic, monitoring,
control or medical products as defined under the Federal Food, Drug,
and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.),
or equipment used for security, sensing, monitoring, antiterrorism,
emergency services purposes or equipment designed and intended primarily
for use by professional users;
C.
A device that is contained within a clothes washer, clothes
dryer, refrigerator, refrigerator and freezer, microwave oven, conventional
oven or range, dishwasher, room air conditioner, dehumidifier, air
purifier or exercise equipment; or
D.
Any of the following:
(1)
Telephone of any type, including a mobile phone.
(2)
Personal digital assistant.
(3)
Global positioning system.
COVERED TELEVISION DEVICE
An electronic device that contains a tuner that locks on
to a selected carrier frequency and is capable of receiving and displaying
television or video programming via broadcast, cable or satellite,
including, without limitation, any direct view or projection television
with a viewable screen of four inches or larger whose display technology
is based on cathode ray tube, plasma, liquid crystal, digital light
processing, liquid crystal on silicon, silicon crystal reflective
display, light-emitting diode or similar technology marketed and intended
for use by a consumer primarily for personal purposes. The term does
not include a covered computer device or a mobile telephone.
DESKTOP COMPUTER
An electronic, magnetic, optical, electrochemical or other
high-speed data processing device which:
A.
Performs logical, arithmetic and storage functions for general
purpose needs which are met through interaction with a number of software
programs contained in the device.
B.
Is not designed to exclusively perform a specific type of limited
or specialized application.
C.
Achieves human interface through a stand-alone keyboard, stand-alone
monitor or other display unit and a stand-alone mouse or other pointing
device and is designed for a single user.
D.
Has a main unit that is intended to be persistently located
in a single location, often on a desk or on the floor.
MANUFACTURER
A computer manufacturer or a television manufacturer.
MUNICIPAL OR COMMERCIAL SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid or semisolid material generated
in residential, municipal, commercial or institutional establishments
and from community activities, and other solid waste which is within
the definition of "municipal waste" as set forth in 35 P.S. § 6018.103,
and which Delaware County, the Delaware County Solid Waste Authority
or contractor, by its ordinance or regulations, is willing to accept
at the plant, but excluding the following:
A.
Any liquid waste or sludge.
B.
All wastes which are defined by existing or future federal or
state law or regulations as hazardous waste or industrial residual
waste.
C.
Any waste which may be marketable and which is intentionally
segregated for purposes of recycling.
D.
Materials specifically excluded under applicable Delaware County
and Township of Springfield ordinances.
E.
Computers, covered computer devices, covered devices, covered
television devices, desktop computers, notebook computers, peripherals
or any of the above device's components.
NOTEBOOK COMPUTER
A.
An electronic, magnetic, optical, electrochemical or other high-speed
data processing device which:
(1)
Performs logical, arithmetic or storage functions for general
purpose needs which are met through interaction with a number of software
programs contained in the device.
(2)
Is not designed to exclusively perform a specific type of limited
or specialized application.
(3)
Achieves human interface through a keyboard, video display greater
than four inches in size and mouse or other pointing device, all of
which are contained within the construction of the unit which comprises
the notebook computer.
(4)
Can be carried as one unit by an individual.
(5)
May include a supplemental stand-alone interface device.
(6)
May use external, internal or batteries for a power source.
B.
The term does not include a portable handheld calculator, portable
digital assistant or similar specialized device.
PERIPHERAL
A keyboard, printer or any other device sold exclusively
for external use with a computer that provides input into or output
from the computer. The term does not include adaptive or assistive
technologies.
PERSON
An individual, trust, firm, joint stock company, business
concern, corporation, government agency, partnership, limited liability
company or association.
RECYCLING
A process by which covered devices that would otherwise become
solid waste or hazardous waste are collected, transported, separated
and processed, including disassembling, dismantling or shredding,
to be returned to use in the form of raw materials or products in
accordance with environmental standards established by the Department
of Environmental Protection of the Commonwealth of Pennsylvania.
RETAILER
A person who offers for sale, other than for resale by the
purchaser, new covered devices in this commonwealth by any means,
including, but not limited to, sales outlets, catalogs or the Internet.
RETAIL SALES
The sale of covered devices through sales outlets, via the
Internet, mail order or other means, regardless of whether the retailer
has a physical presence within this commonwealth.
Township of Springfield consumers, manufacturers, persons, residents
or retailers shall recycle all computers, covered computer devices,
covered devices, covered television devices, desktop computers, notebook
computers, peripherals or any of the above device's components in
their possession through the use of programs offered by retailers,
manufacturers, county and local government, and other organizations
to dispose of and collect hazardous waste.
No consumer, manufacturer, person, resident or retailer may
place in Township of Springfield municipal or commercial solid waste
a computer, covered computer device, covered device, covered television
device, desktop computer, notebook computer, peripheral or any of
the above device's components.
Any individual, trust, firm, joint stock company, business concern, corporation, government agency, partnership, limited liability company, association or retailer who violates §
54-22, upon summary conviction before any District Justice, may be assessed a penalty of up to $1,000 for each violation, in addition to paying court costs. A separate and distinct violation shall be deemed committed for each computer, covered computer device, covered device, covered television device, desktop computer, notebook computer, peripheral or any of the above device's components.