[Adopted 10-7-1991 by Ord. No. 586 (Ch. 20, Part 2, of the 1987 Code of Ordinances)]
The Borough of Collingdale hereby establishes a program for the reduction of the amount of solid waste and conservation of recyclable materials by the separation and collection for recycling of newsprint, aluminum, steel and bimetallic cans, high-grade office paper, corrugated paper and leaf waste from the residential, commercial and institutional establishments in the Borough of Collingdale.
This article is adopted pursuant to the Municipal Waste Planning, Recycling and Waste Reduction Act, Act No. 101 of July 28, 1988, P.L. 556, 53 P.S. § 4000.101 et seq.
As used in this article, the following definitions shall apply:
ALUMINUM
The light-in-weight ductile and malleable metallic substance or element commonly known as "aluminum" and shall include all aluminum food and beverage cans. This description does not include aluminum foil, aluminum trays, aluminum plates and miscellaneous aluminum products.
BIMETALLIC CANS
Cans containing two or more metallic materials.
CANS
Containers comprised of aluminum, tin, steel, or a combination thereof, which formerly contained only nonaerosol edible substances.
A. 
This includes, by way of illustration and not of limitation, cans formerly containing such substances as vegetables, meats, fruits, juices or other similar food storage containers constructed of materials listed in the definitions "aluminum," "bimetallic cans" and "steel cans" herein.
B. 
This does not include aerosol cans, cans which contained hazardous cleaning substances, automotive supply cans, such as transmission fluids, motor oils, etc., paint cans and other similar containers.
CORRUGATED PAPER
All corrugated or other cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic-, foam- or wax-coated or soiled cardboard.
COUNTY
The County of Delaware, Commonwealth of Pennsylvania.
COUNTY PLAN
The district solid waste management plan for Delaware County as approved by the Pennsylvania Department of Environmental Protection.
GENERAL REFUSE
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 solid waste" as set forth in the Pennsylvania Solid Waste Management Act of 1980, as amended.[1]
HIGH-GRADE OFFICE PAPER
Paper items generated by offices and/or commercial entities and includes white computer paper, white copier paper, white typing paper, white letterhead paper, white note-pad paper and other similar office paper. This does not include wax paper, plastic- or foil-coated paper, envelopes with glassine windows, carbon paper, blueprint paper, food-contaminated paper, soiled paper, magazines, catalogs, junk mail, telephone books and cardboard.
LEAF WASTE
Leaves; and shall not include grass clippings.
MUNICIPAL RECYCLING PLAN
The recycling plan developed by and for this Borough in accordance with said Act No. 101 of 1988.[2] The municipal recycling plan sets forth: a) the materials to be recycled within the Borough; b) the method of collection and disposition of said recyclables; c) the recovery rate goals; and d) the publicity and education measures to be used to promote recycling.
MUNICIPALITY
The Borough of Collingdale located within the County of Delaware, Commonwealth of Pennsylvania.
NEWSPRINT
Paper of the type commonly distributed at regular intervals, usually daily or weekly, having printed thereon news, opinions, advertisements and other matters of public interest. This does not include magazines, periodicals or phone books.
PERSON
Any individual, firm, partnership, corporation, association, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or other local entity whatsoever, which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, penalty or imprisonment, 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.
PUBLIC AWARENESS PROGRAM
A program developed and provided by the Borough to inform and encourage residents to use the recycling collection services.
RECYCLABLE MATERIALS
All newsprint, aluminum, steel and bimetallic cans, high-grade office paper, corrugated paper and leaf waste, as defined herein, and/or other such material as may be defined by the Borough.
RECYCLING
Any process by which material which would otherwise become solid waste is collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING COLLECTION SERVICES
Those services to be performed by a contractor, as follows: a) the collection of recyclable materials from locations within the Borough; b) processing of recyclable materials as applicable; and c) marketing of recyclable materials.
RECYCLING CONTAINER
The container provided by the Borough for the express purpose of storing recyclable materials for collection by the Borough.
RECYCLING DROPOFF
Any facility designed and operated solely for the receiving and storing of source-separated recyclable materials.
RESIDENT
Any human being residing within the Borough on a temporary or permanent basis, but excluding persons residing in hotels or motels.
SOLID WASTE
Waste, including, but not limited to, municipal, commercial, institutional or industrial waste.
SOURCE-SEPARATE
To separate recyclable materials from the solid waste stream at the point of waste generation.
STEEL CANS
The ferrous metal food or beverages containers commonly known as "tin cans."
[1]
Editor's Note: See 35 P.S. § 6018.103.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A. 
The Borough shall designate a schedule and plan for curbside collection of newsprint, aluminum, steel and bimetallic cans from all residents of the Borough and from all other persons, including commercial or institutional establishments, whose solid waste is collected by or on behalf of the Borough.
B. 
Separate arrangements for collection of certain materials.
(1) 
All persons, other than residents, whose solid waste is collected by or on behalf of the Borough shall make separate arrangements in accordance with § 495-27 of this article for the collection of the following recyclable materials that are generated at commercial, municipal or institutional establishments and from community activities:
(a) 
High-grade office paper;
(b) 
Corrugated paper;
(c) 
Leaf waste; and
(d) 
Other materials deemed appropriate by the Borough.
(2) 
The Borough will not collect the aforementioned recyclable materials as part of the curbside program established under this section.
C. 
Collections of recyclable materials pursuant to this section shall be made in accordance with a schedule of recycling to be publicly advertised by the Borough.
D. 
All residents of the Borough within the area served by the curbside program established pursuant to this section shall source-separate all designated recyclables and place them at the curb or other site as may be designated by the Borough in the manner designated by § 495-26 of this article and on the date specified for collection by the schedule published by the Borough.
E. 
All persons whose solid waste is not collected by or on behalf of the Borough shall recycle materials in accordance with § 495-27 of this article and shall not participate in the curbside collection program.
F. 
The recyclables designated for the curbside collection program shall consist of the following materials:
(1) 
Newsprint;
(2) 
Aluminum cans; and
(3) 
Steel and bimetallic cans.
All recyclables placed at the curb or other designated site by residents for collection pursuant to the curbside program established pursuant to § 495-25 of this article shall be prepared for collection in accordance with the following:
A. 
All newsprint shall be placed in paper bags (not in plastic bags) or tied in bundles not to exceed 35 pounds in weight nor to exceed one foot in thickness.
B. 
Cans shall be crushed, if possible.
C. 
Aluminum, steel and bimetallic cans shall be placed in recycling containers to be provided by the Borough. Plastic garbage bags shall not be utilized as containers for cans.
D. 
No material shall be placed at the curb or other designated site earlier than sundown of the evening of the day preceding a scheduled collection day. Material must be placed at the curb or other designated site by 7:00 a.m. on the scheduled collection day. The bundled newsprint and containers of cans shall be placed at the curb or other designated site for collection and clearly separated from containers of solid waste and general refuse.
A. 
All persons within this Borough who are not residents and who are not served by the curbside program established pursuant to § 495-25 of this article shall source-separate and arrange for the collection of all designated recyclables by a date set by the Borough, which date the Borough shall publish in a newspaper of general circulation within the Borough or which date the Borough shall notify persons by letter.
B. 
Designated recyclables for the mandatory commercial, municipal and institutional source-separation program shall consist of the following recyclable materials that are generated at commercial, municipal or institutional establishments and from community activities:
(1) 
High-grade office paper.
(2) 
Aluminum.
(3) 
Corrugated paper.
(4) 
Leaf waste.
(5) 
Other materials deemed appropriate by the Borough.
C. 
The arrangement for collection of designated recyclables for disposition hereunder shall be the responsibility of the person who generated the recyclables ("generator") or the person contractually obligated to the generator to arrange for collection and disposal of its solid waste. Said arrangements may include, without limitation, direct marketing of recyclables, delivery to a dropoff, contracts with solid waste collector haulers for separate collection of any or all designated recyclables, and contracts with other persons for separate collection of any or all designated recyclables.
D. 
Any commercial or institutional establishment shall be exempted from the requirements of this article if a recycling program already exists within the establishment that is consistent with Act No. 101 of 1988,[1] and provided that it submits to the Borough annual reports of the total tons of material recycled.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A. 
No person shall dispose of leaves, arrange for the disposal of leaves, or cause leaves to be disposed at any solid waste facility other than a composting facility.
B. 
All persons who gather leaves for disposal as waste shall source-separate all leaves and place them for collection at the times and in the manner heretofore or hereafter prescribed by the Borough.
C. 
Nothing herein shall require any person to gather leaves or prevent any person from utilizing leaves for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscaping purposes.
An owner, landlord or agent of an owner or landlord of multifamily rental housing properties with more than four units whose solid waste is collected by the Borough must comply with its responsibilities under this article by establishing a collection system for recyclable materials at each property. The Borough will provide suitable containers for collecting and sorting materials, and the owner or landlord or agent shall provide 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 section shall not be liable for the noncompliance of occupants of their buildings.
The Borough shall establish and sustain a comprehensive public information and education program explaining the features and requirements of the program. The Borough shall, at a minimum, give at least 30 days' public notice prior to the initiation of the recycling program and provide public notice every six months thereafter to all persons occupying residential, commercial, institutional and municipal premises within its boundaries of the requirements of this article.
A. 
It shall be unlawful for:
(1) 
Any person other than the Borough or a person authorized by the Borough to take possession of any designated recyclable which has been placed at the curb or other designated site for collection or within a recycling dropoff pursuant to this article.
(2) 
Any person to violate or to cause or to assist in the violation of any provision of this article.
(3) 
Any person to place or to cause to be placed any material other than a designated recyclable in a recycling container or in or near a recycling dropoff.
(4) 
Any person to hinder, to obstruct, prevent or to interfere with the Borough, or its personnel, or its agent in the performance of any duty under this article or in the enforcement of this article.
B. 
Any person, firm or corporation who violates or neglects to comply with any provision of this article or any regulation promulgated pursuant hereto shall, upon conviction thereof, be punishable by a fine not to exceed $300 or imprisoned for a term not to exceed 90 days.
C. 
Each continuing day of violation of this article shall constitute a separate offense.
The Borough or any other person collecting solid waste generated within the Borough may refuse to collect solid waste and general refuse from any person who has clearly failed to source-separate recyclables designated under an applicable section of this article.
Notwithstanding anything herein to the contrary, any resident of the Borough may donate or sell any recyclable to any other person, whether operating for a profit or not for profit; provided, however, that the person receiving the recyclable shall not under any circumstances collect the donated or sold material from the curb or roadside or from a recycling dropoff without prior written permission from the Borough for such collection.
A. 
Nothing contained in this article shall be construed to interfere with or in any way modify the provisions of any existing contract which is in force in the Borough on the effective date of this article.
B. 
No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclables shall be entered into after the effective date of this article unless such renewal or such contract shall conform to the requirements of this article.
The terms and provisions of this article are to be liberally construed so as best to achieve and to effectuate the goals and purposes hereof.