[Adopted 9-13-1990 by Ord. No. 1683; amended in its entirety 8-14-2008 by Ord. No. 1964[2]]
[1]
Editor's Note: For additional provisions regarding recycling, see Ch. 127.
[2]
Editor's Note: This ordinance also provided an effective date of 1-1-2009 for the provisions in this article.
There is hereby established a program requiring the separation, storage and collection of certain recyclable materials.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Containers constructed solely of aluminum.
CLEAR GLASS
Products made from silica or sand, soda ash and limestone. The products must be transparent (clear), having no color, and may be used as containers for packaging or bottling, but shall not include mirrors, plate glass, light bulbs or headlights.
COLORED GLASS
Products made from silica or sand, soda ash and limestone. The products must have a color of green or brown and may be used as containers for packaging or bottling.
LEAF WASTE
Leaves from trees and shrubbery.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste, and other material including solid, liquid, semisolid or contained gaseous materials resulting from the operation of residential, commercial, retail or institutional establishments and from community activities. This term does not include recyclable materials.
PAPER/JUNK MAIL
Newsprint, magazines, catalogues, envelopes, letters, construction paper, color inserts, school paper, office paper, nonmetallic wrapping paper, real estate books, textbooks (with or without hard covers) and cardboard.
PERSON
Any individual, partnership, corporation, firm, association, institution or cooperative enterprise.
PLASTIC CONTAINERS
No. 1, polyethylene teraphthalate (PET), and No. 2, high-density polyethylene (HDPE).
RECYCLABLE MATERIALS
Glass, aluminum, tin and bimetal cans, paper/junk mail, No. 1 and No. 2 plastics, leaf waste, yard waste, and other materials that may be designated by the Township.
RECYCLING
The collection, separation, recovery and sale or reuse of recyclable 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 the creation and recovery of reusable materials other than a fuel for the operation of energy.
RESIDENCE
Any single-family, attached or detached, dwelling or multiple dwellings having no more than four units from which the Township collects municipal waste.
TIN AND BIMETAL CANS
Containers made from tin or a combination of tin and metal and may be used as a container for packaging.
TOWNSHIP
The Township of Abington, Montgomery County, Pennsylvania.
YARD WASTE
Tree clippings, bush clippings, grass clippings, flowers and plants, tree branches, yard debris, but not to include dirt and stones.
Any person who owns or occupies a residence in the Township shall keep separate from municipal waste the following recyclable materials:
A. 
Aluminum cans. Cans shall be empty, free of food waste and placed in a designated recycling container issued by the Township.
B. 
Tin and bimetal cans. Cans shall be free of food waste and placed in a designated recycling container issued by the Township.
C. 
Clear and colored glass. Glass shall be clean, free of food waste and lids and placed in a designated recycling container issued by the Township.
D. 
Plastics, No. 1 and No. 2 — Plastics shall be clean, free of food waste and placed in a designated recycling container issued by the Township.
E. 
Paper/junk mail. Paper/junk mail shall be placed in a designated recycling container issued by the Township.
F. 
Leaf waste. Leaf waste shall be stored on the premises of the residence until the Township schedules a leaf waste collection. This subsection shall not prevent the composting of leaf waste on said premises for personal use.
G. 
Yard waste. Yard waste shall be put in brown biodegradable bags approved by the Township or tied and bundled. Maximum lengths not to exceed four feet and maximum three inches in diameter.
On the day or days designated by the Township, any person who owns or occupies a residence in the Township shall place recyclable materials for collection in the following manner:
A. 
Aluminum and/or tin and/or bimetal cans, clear and/or colored glass, plastics No. 1 and/or No. 2 shall be placed in recycling containers issued by the Township and placed at the curbside or street side of the residence or at the residence's authorized municipal waste collection point.
B. 
Paper/junk mail. Paper/junk mail shall be placed in containers issued by the Township and placed at the curbside or streetside of the residence or at the residence's authorized municipal waste collection point.
C. 
Leaf waste. Leaf waste shall be placed in the brown biodegradable yard bags designated by the Township and placed behind the curb and, where no curbs exist, at the edge of the street. The brown biodegradable bags will be sold by or for the Township at designated places. The cost of the bags will be set by resolution of the Board of Commissioners.
D. 
Yard waste, tree and bush clippings. Yard waste, tree and bush clippings shall be in brown biodegradable yard bags designated by the Township or tied and bundled and placed at the curbside or streetside of the residence or residence's authorized municipal waste collection point.
It shall be unlawful for any person, except for the employees of the Township engaged in the performance of their duties on behalf of the Township, to collect recyclable materials under this article unless such person has first obtained written permission from the Township.
[Amended 5-12-2011 by Ord. No. 2012]
A. 
Private collection. Collection by persons owning or occupying multifamily dwellings having more than four units and commercial, retail and institutional establishments within the Township shall be responsible for implementing their own separation, storage and collection of recyclable materials. Such persons shall use the services of a private hauler who shall be permitted by the Commonwealth of Pennsylvania. Such persons shall have a recycling program which is consistent with the requirements of Act 101 of 1988, the Municipal Waste Planning, Recycling and Waste Reduction Act.[1] Such persons shall provide annually to the Township written documentation of the items recycled and the total number of tons or fractions of tons recycled. Such annual documentation shall cover the calendar year and shall be provided to the Township within three months after the end of the calendar year, but in no event later than April.
[1]
Editor's Note: See 53 P.S. § 4000.101.
B. 
Township collection.
(1) 
Persons owning or occupying multifamily dwellings having more than four units and commercial, retail and institutional establishments within the Township may elect to have the Township of Abington collect their recyclable materials. The fee for this service by Abington Township shall be set by resolution.
(2) 
Persons electing to have recyclables collected by the Township shall provide suitable containers for sorting and collection, easy accessible locations for such activity and written instructions for implementing the recycling program. Upon request by the Township, multifamily dwellings and commercial, retail and institutional establishments shall be required to demonstrate their implemented recycling programs.
(3) 
These establishments must provide for the separation and collection of recyclable materials to include the following:
(a) 
Multifamily residential recycling. Multifamily dwellings having four or more units shall be required to separate from municipal waste and provide for collection of the following items:
[1] 
Leaf waste.
[2] 
Aluminum or bimetal cans, clear and colored glass, plastics Nos. 1 and 2, paper and junk mail.
(b) 
Commercial, retail and institutional recycling. Commercial, retail and institutional establishments shall be required to separate from municipal waste and provide for collection of the following items:
[1] 
Aluminum cans.
[2] 
Bimetal cans.
[3] 
Clear and colored glass.
[4] 
Paper/junk mail.
[5] 
Corrugated paper.
[6] 
Plastics Nos. 1 and 2.
[7] 
Leaf waste.
Any person violating any of the provisions of this article shall, upon conviction thereof by any District Justice, be sentenced to pay a fine of not less than $10 nor more than $300, together with the court costs. Each day that a violation continues shall constitute a separate offense, punishable by a like fine.
The Board of Commissioners may, from time to time, adopt by resolution such rules and regulations as may be necessary to carry out the operation of this recycling program.