[Adopted 9-17-1990 as Ord. No. 252]
The short title of this article shall be the "Lower Makefield Township Recycling Ordinance," and the same may be cited in that manner. It is understood and agreed that this article, together with Article III, General Recycling Regulations, shall collectively be referred to as the "Recycling Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
An establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
Events that are sponsored in whole or in part by a mandated
municipality or conducted within a mandated municipality and sponsored
privately, which include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events.
A controlled microbiological degradation of organic waste
to produce a relatively nuisance-free product of potential value as
a soil conditioner.
Any structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.[1]
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment or facility engaged in services, including
but not limited to hospitals, nursing homes, orphanages, schools and
universities.
Leaves and similar materials, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all
other paper products of any nature whatsoever.
Magazines, periodicals, catalogs, phone books, envelopes,
junk mail, and white office/copy/computer/shredder paper.
[Added 3-19-2008 by Ord. No. 375]
Any occupied residential structure having in excess of four
dwelling units per structure, including without limitation apartments,
townhouses, condominiums and cooperatives.
Any facility or building owned or operated by a local government
or county government, local government or county government authority,
state government or agency or federal government or agency.
Any garbage, refuse, industrial, lunchroom or office waste
and 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 or residual or hazardous
waste in the Solid Waste Management Act[2] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded, however, are newspapers which have been soiled.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal 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 plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled.
A person providing collection, hauling and disposal services
for municipal waste and/or recyclable materials on a private contract
basis.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reuseable materials
other than a fuel for the creation of energy.
Those materials specified by the municipality to be recycled. This list of materials is specified in the recycling regulations resulting from this article and are designated in § 172-37 hereof and may be revised from time to time as deemed necessary by the municipality.
Any occupied single- or multifamily dwelling having up to
four dwelling units per structure from which a municipal or private
hauler collects solid waste.
There is hereby established a program requiring
the separation from municipal waste of recyclable materials and leaf
waste generated at residences, multifamily residences, commercial,
municipal and institutional establishments and community activities.
[Amended 3-19-2008 by Ord. No. 375]
A.
Residences.
(1)
Designated recyclable material generated at residences
shall be placed at the curb separate from municipal waste for collection
at such times and dates and from such containers as may be established
by regulation.
(2)
Designated recyclable materials for residences are:
metal or aluminum food or drink cans, clear glass containers, green
glass containers, brown glass containers, plastic beverage bottles,
corrugated paper and newsprint. The corrugated paper (cardboard) must
be flattened and cut to pieces no larger than two feet by two feet.
B.
Multifamily residences.
(1)
Recyclable materials generated at multifamily residences
shall be placed in appropriate containers, separate from municipal
waste. Collection receptacles of sufficient size for recyclable materials
shall be placed in easily accessible locations, such as storage areas
or areas where municipal waste is presently collected. Recyclable
materials shall be stored in accordance with State Fire Code regulations
and all federal, state and local health and safety laws and ordinances
until collection. Recyclable materials shall be collected at least
once per month.
(2)
Designated recyclable materials for multifamily dwellings
are: aluminum cans, clear glass containers, green glass containers,
brown glass containers, corrugated paper and newspaper. The corrugated
paper (cardboard) must be flattened and cut to pieces no larger than
two feet by two feet.
C.
Commercial, municipal and institutional establishments
and community activities.
(1)
The owners/operators of commercial, municipal or institutional
establishments or sponsors/organizers of community activities shall
separate designated recyclable materials from municipal waste. Recyclable
materials shall be placed in appropriate containers. Collection receptacles
shall be placed in all buildings, in all floors and wings thereof,
in each office and in all areas where food is served or consumed,
including, without limitation, cafeterias, lunchrooms, fast-food areas
and vending machine rooms. Recyclable materials shall be stored in
accordance with State Fire Code regulations and all federal, state
and local health and safety laws and ordinances until collection.
Recyclable materials shall be collected at least once per month.
(2)
Designated recyclable materials for commercial, municipal
or institutional establishments and community activities are: metal
or aluminum food or drink cans, mixed paper, plastic beverage containers,
glass containers, newsprint and corrugated paper.
(3)
Exemption. Owners/operators of commercial, municipal
or institutional establishments may obtain an exemption from the requirements
of these articles if those persons/establishments otherwise provide
for recycling of aluminum, mixed paper, corrugated paper, newsprint,
plastic beverage containers, glass containers, leaf waste and any
other material that such establishments are required to recycle. To
qualify for an exemption under this subsection, commercial, institutional
and municipal establishments must provide written documentation on
or before January 20 in connection with the request for an exemption
for the calendar year. The documentation may be in the form of one
of the following:
(a)
Copies of weight receipts or statements which
consolidate such information.
(b)
A report from the provider of recycling collection
services which identifies the amount of each material collected and
marketed. The type and weight of recyclables generated by an individual
establishment may be approximated based on a representative sample
of its source-separated materials. Where recyclables from several
establishments are collected in the same vehicle, an individual establishment's
contribution to the load may be apportioned. Only the weight of materials
marketed for recycling purposes can be credited to an establishment.
(c)
A report from the provider of waste collection
services that identifies the type and weight of each recyclable material
collected and marketed in cases where recyclables are commingled with
the establishment's waste. The type and weight of recyclables generated
by an individual establishment may be approximated based on a representative
sample of its waste. Where materials from several establishments are
collected in the same vehicle, an individual establishment's contribution
to the load may be apportioned. Only the weight of materials marketed
for recycling purposes can be credited to an establishment.
Persons shall separate leaf waste from other
municipal waste generated within the municipality. No leaf waste shall
be placed for collection unless the leaf waste is to be composted.
A.
All municipal waste and recyclable materials and leaf
waste accumulated at residences, multifamily residences, commercial,
institutional and municipal establishments and at community activities
shall be collected, conveyed and disposed of only by private collectors/haulers
under contract with or licensed by the municipality. When approved
by the municipality, commercial, institutional or municipal establishments
may collect, convey and dispose of municipal waste and/or recyclable
material generated by said establishments.
B.
All licensed private collectors/haulers shall file
with the municipality an annual report due January 20 of all solid
waste and recyclable material collection and separation activities
performed by the licensee within the municipality during the previous
calendar year at each commercial, institutional or municipal establishments
and community activity providing the following information:
(1)
Type and amount of compostable materials collected
within the reporting period.
(2)
Type and amount of recyclable material collected within
the reporting period.
(3)
Type and amount of all solid waste, compostable and
recyclable materials collected within the reporting period.
(4)
Name and address of private collector.
C.
Notwithstanding anything to the contrary contained
herein, this provision shall not be deemed to prohibit the Township
from collecting leaves with its own forces and at its cost as has
been provided previously.
[Amended 10-21-1996 by Ord. No. 305]
A.
Any person who shall fail, neglect or refuse to comply
with any of the terms or provisions of this article or of any regulation
promulgated pursuant hereto pertaining to the separation, storage,
collection, transportation or disposal of recyclable materials or
municipal waste shall, upon conviction thereof, be subject to payment
of court costs, including reasonable attorney's fees and a fine not
to exceed $50 upon first conviction, $75 upon second conviction and
$100 upon third or subsequent convictions. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure. No prosecutions
hereunder shall be instituted for offenses less than 90 days from
the effective date of this article.
B.
Notwithstanding the foregoing, any person who violates
this article by collecting or picking up or causing to be collected
or picked up, without the appropriate municipal license, recyclable
material shall, upon conviction thereof, be subject to payment of
court costs, including reasonable attorney's fees and a fine not to
exceed $600. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure.
C.
Owners, landlords and agents for owners or landlords
who comply with this article shall not be liable for the noncompliance
of tenants/occupants of their property.
Any person may donate or sell recyclable materials
to individuals or organizations that are licensed or authorized by
the municipality in its recycling regulations. These materials must
either be delivered to the individual's or organization's site or
they may be placed at the curb for collection by said individual or
organization on days not indicated as recyclable material collection
days by the municipality. Said individuals or organizations may not
collect recyclable materials on or immediately preceding (within 24
hours) a regularly scheduled curbside collection day.
This article shall take effect immediately and all regulations established under Article III and all agreements with public or private haulers to collect recyclable materials shall remain in full force and effect.
