Borough of Ridley Park, PA
Delaware County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 11-14-1992 by Ord. No. 1046]
Regulations to implement the recycling program are authorized by § 164-7 of Article I, Recycling Program. The regulations address two waste generation sectors as required by specific sections of Pennsylvania Act 101 of 1988; 53 P.S. § 4000.1501 et seq.
A. 
Residential [53 P.S. § 4000.1501(c)(1)(i)].
B. 
Commercial, municipal or institutional establishments and community activities [53 P.S. § 4000.1501(c)(1)(iii)].
A. 
Materials to recycle. Act 101 requires persons to separate at least three materials, from a list of eight materials, from other municipal waste generated at their homes, apartments and other residential establishments. The eight materials listed by Act 101 are listed in the table below in these categories: paper, glass, metals and plastics.
(1) 
Recyclable materials for residential recycling and for dwelling with four or more units.
[Amended 2-17-2015 by Ord. No. 1-2015]
(a) 
Recyclable materials to be kept separate from waste by residents of dwellings with three or less units and those four-unit dwellings whose owners use the Borough's recycling service are as follows:
Paper
Glass
Metals
Plastics
Yard Waste
Newspaper
Clear glass
Aluminum
HDPE
Corrugated paper
Colored glass
Steel and bimetallic cans
PET
Magazines
(b) 
The Borough may, by resolution, add or delete materials from the above list of recyclables.
(c) 
An owner, landlord or agent of an owner or landlord, of a multifamily rental housing property(ies) with four or more units shall be permitted to comply with its responsibilities under this chapter by establishing a collection system for recyclables materials at each property. The collection system must included suitable containers for collection, easily accessible locations for the containers and written instruction to occupants concerning the use and availability of the collection system.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(2), Dwellings with four or more units, was repealed 2-17-2015 by Ord. No. 1-2015.
B. 
Instructions for the proper preparation of materials for collection. Materials must be properly prepared in the following manner:
(1) 
With the exception of yard waste, all other recyclable materials shall be placed together in a clearly and easily identifiable recycling container or in a clear plastic bag.
[Amended 2-17-2015 by Ord. No. 1-2015]
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(2), regarding paper recycling being bound and kept separate from other recyclables, was repealed 2-17-2015 by Ord. No. 1-2015.
C. 
Collection system.
(1) 
Each residential property, in dwelling units of three or fewer units and owners of four-unit dwellings who use the Borough's recycling service, shall place properly prepared recyclables for collection at the curb.
(2) 
Each residential property shall ensure yard waste is separated from municipal waste. Leaves and Christmas trees may be placed for collection during the municipal leaf and Christmas tree collection program at times determined by the Borough. At all other times, all yard waste should be placed at the curb in a clearly and easily identified container, bundled, in landscape paper bags or as otherwise determined appropriate by the then-current recycling contract.
[Amended 2-17-2015 by Ord. No. 1-2015]
(3) 
For those multifamily residential properties not receiving waste collection service from the municipal contractor, the Borough shall be notified by the resident, landlord or property owner of the name of the private recyclable collector utilized. As a condition of the right to conduct waste collection service in the Borough, each private waste collection firm must secure a license from the Borough. As a requirement of this license, the private waste collector must provide recycling collection service for each customer. The frequency of collection shall not be less than twice per month, although more frequent service is acceptable. Owners or landlords of multifamily rental housing properties with four or more units must comply with their responsibilities by establishing a collection system for recyclables at each 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 collection system. Owners, landlords and agents of owners or landlords who comply with this regulation are not liable for the noncompliance of occupants of their buildings.
[Amended 2-17-2015 by Ord. No. 1-2015]
(4) 
All residents of the Borough are free to deliver recyclables to the Borough recycling dropoff site at the Highway Department Garage. Material shall be properly prepared for recycling before placement at the dropoff site according to the terms of § 164-12B.
[Amended 2-17-2015 by Ord. No. 1-2015]
(5) 
No person may place a used lead acid battery in the mixed municipal solid waste or discard or otherwise dispose of a lead acid battery, except by delivery to an automotive battery retailer or wholesaler, to a secondary lead smelter permitted by the Environmental Protection Agency or to a collection or recycling facility authorized under the laws of the commonwealth.
(6) 
No person may place hazardous materials in the mixed municipal solid waste or discard otherwise dispose of hazardous materials except in accordance with applicable local, state and federal law. For purposes of this section, hazardous materials shall be those material defined as "hazardous waste" by the Delaware County Solid Waste Authority.
[Added 2-17-2015 by Ord. No. 1-2015]
D. 
Reporting system.
(1) 
Recycling report to Delaware County. The Borough is required by Act 101 to prepare and submit reports on its recycling program. A recycling report must be submitted to Delaware County on or before February 15 of each year, for inclusion in waste management planning reports to DER, as required by Act 101, 53 P.S. § 4000.304(f). The report must contain specific information on the amount of material recycled during the previous year. The Borough will collect information of the recycling services provided to users of the municipally contracted waste and recycling collection service. Multifamily residential units receiving private waste and recycling collection services must submit a source separation and recycling report for multifamily residential, commercial and institutional establishments and community activities.
(2) 
Source separation and recycling report for multifamily residential, commercial and institutional establishments and community activities. In order to gain information from residences not receiving recycling services from the municipal contractor, each residential establishment (landlord, owner or tenant) shall file annually a source separation and recycling report for multifamily residential, commercial and institutional establishments and community activities with the Borough at the end of each quarter, March 31, June 30, September 30 and December 31. The quantities of each material collected for recycling and the location at which material was marketed shall be provided In the report. If the private waste collector is utilized as the recycler, the collector must provide weight slips to customers or other means to verify quantities recycled. The recycling report shall be on a form prepared by the Borough.
[Amended 2-17-2015 by Ord. No. 1-2015]
(3) 
Performance grant application. The Borough's recycling report to Delaware County will be used by the Borough as the basis for reporting achievements in the recycling program to the Pennsylvania DER for performance grant funding under Section 904 of Act 101. The Borough can apply for this funding annually.
E. 
Provisions to ensure compliance with the Municipal Recycling Ordinance.
(1) 
Compliance program.
(a) 
The Borough has established provisions in § 164-7 of Article I, Recycling Program, to ensure compliance with that article, as required by Act 101, 53 P.S. § 4000.1501(c)(4).
(b) 
Residents in the Borough are required to keep separate from waste recyclable items identified in § 164-12A of this article. Residents placing recyclables for collection at the curb or at the dropoff site are required to prepare materials according to specifications in § 164-12B of this article. The collector will notify residents using its waste or recycling services if material has been improperly prepared.
(c) 
The compliance program of § 164-7 requires two steps: notification and warning.
[1] 
Introduction. The following are reasons why a container or bag was not emptied or collected:
[Amended 2-17-2015 by Ord. No. 1-2015]
[a] 
Recyclables were placed in a waste container or were otherwise stored improperly or in an inappropriate container.
[b] 
Recyclables were placed for collection on the wrong day or at the wrong location.
[c] 
Recyclables were not prepared properly.
[d] 
Nonrecyclables were in recycling container.
[e] 
Any person with a question as to why recyclables where not emptied or collected may direct their inquiry to the then-current contract hauler or Borough Code Enforcement.
[2] 
Notification.
[Amended 2-17-2015 by Ord. No. 1-2015]
[a] 
Initial violation notices and subsequent offense warnings, which shall indicate why the recyclables where not emptied or collected, shall be tagged by either the Borough Code Enforcement Officer or by the then-current contact hauler. The warning(s) shall be completed and submitted to the Borough Secretary within 48 hours of the violation. The Borough, upon receipt of the warning(s), shall correspond with the property owner by registered mail. The correspondence shall repeat the reason for the warning(s), include a statement of penalties found in the Borough Recycling Ordinance, and provide a copy of the most recent recycling program notice and instruction sheet, or notice of where said instruction sheet may be found.
[b] 
Warning notifications shall be submitted to the Borough for each violation of the Recycling Ordinance. The Borough shall investigate repeated warning notifications and, upon the advice of counsel, initiate legal proceedings against the violator. Fines recovered shall be used to offset all costs to bring legal action with the balance placed into a fund to educate the public regarding the recycling program unless as otherwise specified in 53 P.S. § 4000.1709(b), wherein all fines collected pursuant to 53 P.S. §§ 4000.1704 and 4000.1705 are paid into the solid waste fund.
(2) 
Incentives. Incentives to encourage recycling are a requirement of Act 101.[3] The recycling program has the incentive of depressing the accelerating rise in disposal costs. By removing materials from the waste stream, the overall waste disposal bill is reduced, with this savings passed on to users of the waste system.
[Amended 2-17-2015 by Ord. No. 1-2015]
[3]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(3) 
Penalties.
(a) 
The municipality's Recycling Ordinance, § 164-8 of Article I, provides for penalties for violation of the article.
(b) 
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this article, or any regulation thereof, shall be punishable by a fine not to exceed $100 upon a first conviction and $300 upon a second or subsequent conviction. The above fines shall not be applicable to a conviction for § 164-6 hereof which shall be punishable by a fine not to exceed $500. No enforcement of §§ 164-3 and 164-4 of Article I shall be made until three months from the effective date of regulations authorized to be promulgated hereunder. Any person, firm, corporation or other entity upon conviction thereof shall in addition to paying any fine imposed hereunder, shall be responsible for paying the Borough's costs of prosecution, including reasonable attorney's fees.
[Amended 2-17-2015 by Ord. No. 1-2015]
F. 
Public information. Act 101[4] requires that the municipality establish a comprehensive and sustained public information and education program concerning the recycling program features and activities. The Borough must notify persons occupying residential premises of the requirements of the Borough's Recycling Ordinance and these regulations. Such notification shall occur 30 days prior to starting the program and every six months, at a minimum, thereafter.
(1) 
Dissemination of information.
[Amended 2-17-2015 by Ord. No. 1-2015]
(a) 
The Borough will disseminate information to the residents by mail, email, the Borough website, or by other similar means deemed appropriate by the Borough. The information will contain access to articles about the recycling program, its status, success, progress and the responsibilities of residents. The information will form the basis for notifying each resident of the recycling program.
(b) 
The Borough will notify each property owner of a multifamily unit containing more than three units of the recycling program and provide copies of the mailer for distribution to tenants or residents. The Borough will request that the property owner of multifamily units post, in areas commonly used for notices, the mailer and special information regarding the recycling program.
(2) 
Recycling containers. All residents of the Borough shall place, for pickup and storage, all recyclables into a clearly and easily identifiable recycling container or clear plastic bag.
[Amended 2-17-2015 by Ord. No. 1-2015]
(3) 
Recycling posters. The Borough shall distribute recycling posters to multifamily residential buildings. The poster will contain information about the municipal recycling program. The landlord shall use the large space provided for on the poster to provide information about the recycling program to the tenants. The landlord shall place the poster in an area the landlord has established as a common point for the collection of recyclables.
[Amended 2-17-2015 by Ord. No. 1-2015]
[4]
Editor's Note: See 53 P.S. § 4000.101 et seq.
Act 101 requires that a source separation and recycling program be established for commercial, institutional, municipal facilities and for community activities.
A. 
Materials to recycle.
(1) 
Act 101 specifies that high-grade office paper, aluminum, corrugated paper and leaf waste and other material deemed appropriate by the Borough shall be kept separate from waste at commercial, municipal or institutional establishments and from community activities.
(2) 
Each commercial, municipal and institutional establishment receiving private waste collection service is advised that the following items, as a minimum, must be kept separate from the waste stream:
(a) 
High-grade office paper.
(b) 
Corrugated paper.
(c) 
Aluminum.
(d) 
Clear glass.
(e) 
Leaf waste.
B. 
Instructions for the proper preparation of materials for collection. Materials shall be properly prepared for collection in a manner satisfactory to the private recyclable collector.
C. 
Collection system. A collection system must be established for each of the recycled materials. Establishments receiving private waste collection service shall look first for recycling collection service from the private waste collector because the license issued by the Borough to the collector requires that recycling collection services be provided to each customer. The waste collector can provide the service directly for all materials or provide an alternate collection service for a particular material. This may be true for facilities that generate substantial quantities of high-grade office paper. Material shall be collected as frequently as necessary to prevent storage problems and at the same time provide for economic service.
D. 
Reporting system.
(1) 
Act 101 authorizes the municipality to exempt commercial, municipal or institutional establishments and community activities from receiving recycling service from the municipality, provided that each establishment submits reports on the quantity of material recycled. Such written documentation must be provided annually.
(2) 
The source separation and recycling report for commercial and institutional and community activities shall be prepared on a form issued by the Borough. This report must be filed with the Borough on or before January 31 of each year. The report shall include the quantities of each material collected for recycling and the location at which each material was marketed. Weight slips or other means to verify quantities recycled shall accompany the report. If the private waste collector is utilized as the recycler, the collector must provide weight slips to their customers indicating where the material was marketed.
[Amended 2-17-2015 by Ord. No. 1-2015]
E. 
Provisions to ensure compliance with the Municipal Recycling Ordinance. Incentives and penalties are necessary to ensure that the source separation and recycling program succeeds.
(1) 
Incentives.
(a) 
Recycling is seen as the means to reduce waste service costs to customers regardless who provides the waste service. The Borough's strategy has as its overall objective the placement of responsibility for the recycling service with the individual establishment rather than on the general taxpayer. This is intended to place any costs for the service directly upon the establishment requiring the service rather than spread costs for the system inequitably across taxpayers. This is considered a very strong financial incentive.
(b) 
Incentives within each establishment to encourage separation of materials by personnel are also very important. A variety of incentives, such as direct rewards achieved from the sale of materials, extra hours or overtime for this in-house recycling service, promotions, etc., are encouraged.
(2) 
Penalties. The Borough's Recycling Ordinance, § 164-8 of Article I, provides for penalties for violation of that article.
(a) 
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this article, or any regulation thereof, shall be punishable by a fine not to exceed $100 upon a first conviction and $300 upon a second or subsequent conviction. The above fines shall not be applicable to a conviction for § 164-5 which shall be punishable by a fine not to exceed $500. No enforcement of §§ 164-3, 164-4 and 164-6 of Article I shall be made until three months from the effective date of regulations authorized to be promulgated hereunder. Any person, firm, corporation or other entity upon conviction thereof shall in addition to paying any fine imposed hereunder, shall be responsible for paying the Borough's costs of prosecution, including reasonable attorney's fees.
[Amended 2-17-2015 by Ord. No. 1-2015]
(b) 
Each firm and its private waste collector are considered liable for prosecution for violation of the Recycling Ordinance.
F. 
Public information. Personnel in each establishment shall be informed of the requirements of the source separation and recycling program and individual responsibilities. Each firm shall be required to display information provided by the Borough regarding the recycling program. Each firm shall inform employees of the firm's recycling program through memos, staff meetings, surveys and other conventional means.