[Adopted 9-12-1991 by Ord. No. 969, approved 9-12-1991]
This article shall be known as the "Glenolden
Borough Recyclable Waste Separation and Collection Ordinance."
As used in this article, the following words
or terms are defined as set forth hereinafter:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act, Act No. 101 of 1988.[1]
Empty all-aluminum beverage and food containers.
All empty beverage and food containers made of a metal other
than aluminum.
The Borough of Glenolden.
The Council of the Borough of Glenolden.
That location on any residential dwelling property from which
the Borough has authorized the collection of municipal waste pursuant
to the provisions of this chapter.
The definition of said terms as set forth in the Glenolden
Borough Zoning Ordinance,[2] which establishments are not provided with municipal waste
collection services pursuant to the provisions of this chapter.
All empty bottles and jars made of clear, green or brown
glass, but does not mean or include noncontainer glass, plate glass,
blue glass, porcelain products and ceramic products.
A building or a group of buildings containing residential
rooms or apartment units in excess of four rooms or units, which are
not provided with municipal waste collection services pursuant to
the provisions of this chapter.
The definition of said term as set forth in this chapter.[3]
Any individual, firm, corporation, association, partnership
and/or other legal entity.
Only those plastics and/or plastic materials classified as
"HDPE" and "PET."
The definition of said term as set forth in this chapter.
Solid waste consisting of newspapers, as defined in this
chapter,[4] aluminum cans and bimetallic cans and such other waste
materials as may be designated in the future by a duly enacted resolution
of Borough Council.
Any residential unit, including multifamily dwellings of
four or fewer rooms or units, which are provided with municipal waste
collection services pursuant to the provisions of this chapter.
Pursuant to the provisions of the Act, the purpose
of this article is to facilitate the disposal of solid waste generated
within the Borough in the most economical and environmentally accepted
manner, to reduce the total amount of solid waste disposed of by the
Borough and by other collectors as provided herein and to protect
and to promote the health, welfare and safety of the Borough and its
residents.
As mandated by the Act, the Borough hereby establishes
a program for the mandatory separation of recyclable waste and of
recyclable paper products from solid waste by the owner, landlord,
tenant, occupant and/or his, her or their agent of all residential
dwellings, all multifamily dwellings and all commercial, industrial
and institutional establishments in the Borough and for the collection
of such recyclable waste and of recyclable paper products by the Borough
or by other collectors, as the case may be.
A.
Residential dwellings.
(1)
All owners, landlords, tenants, occupants and/or his,
her or their agent shall be obligated to and shall be responsible
for the separation of recyclable waste and recyclable paper products
from all residential solid waste and for the placement of the same
for collection as follows:
(a)
All recyclable waste shall be completely cleaned
and rinsed of all contents thereof and shall be placed in a separate
container supplied by the Borough for collection of recyclable waste.
Also, all caps shall be removed from glass containers before their
placement into such collection containers.
(b)
No solid waste other than recyclable waste shall
be placed in such containers supplied by the Borough for the collection
of recyclable waste.
(c)
Such recyclable waste containers shall be placed
at a collection location as directed by the Borough so that such recyclable
waste can be collected.
(d)
At all times, such recyclable waste containers
shall be kept in a clean and sanitary condition and shall not be kept
in violation of any health laws or codes of the Borough.
(e)
No recyclable paper products shall be placed
in the recyclable waste container for collection or for any other
purpose. Such recyclable paper products shall be tied in bundles or
placed in a brown bag for collection at the collection location as
directed by the Borough.
(2)
The Borough is hereby empowered to designate the day
of the week on which recyclable waste and recyclable paper products
shall be collected and removed from a particular area. The same shall
not be collected or removed from any area except on the day of the
week so designated by the Borough. Ownership of all recyclable waste
and/or recyclable paper products placed at a collection location shall
vest in the Borough.
B.
Multifamily dwellings. All owners, landlords, tenants, occupants and/or his, her or their agent of multifamily dwellings shall establish a separation program and a collection procedure for recyclable waste and recyclable paper products, which shall be submitted to and approved by the Borough. Such separation program and collection procedure shall at least meet the requirements set forth in Subsection A hereinbefore. The collection procedure must provide for suitable and sanitary containers for sorting and collecting the recyclable waste, which containers must be located in accessible locations. Once said separation program and collection procedure have been approved by the Borough, written instructions thereof shall be given to each and every occupant who is obligated to comply therewith. Annually, as directed by the Borough, the Borough shall be provided with written documentation of the separation program and collection procedure then in existence and of the total number of tons of recyclable waste and/or recyclable paper products which have been collected and recycled for the prior twelve-month period or any portion thereof.
C.
Commercial, industrial and institutional establishments. All owners, landlords, tenants, occupants and/or his, her or their agent of commercial, industrial and institutional establishments shall establish a separation program and a collection procedure for recyclable waste and recyclable paper products, which shall be submitted to and approved by the Borough. Such separation program and collection procedure shall at least meet the requirements set forth in Subsection A hereinbefore. The collection procedure must provide for suitable and sanitary containers for sorting and collecting the recyclable waste, which containers must be located in accessible locations. Once said separation program and collection procedure have been approved by the Borough, written instructions thereof shall be given to each and every occupant who is obligated to comply therewith. Annually, as directed by the Borough, the Borough shall be provided with written documentation of the separation program and collection procedure then in existence and of the total number of tons of recyclable waste and/or recyclable paper products which have been collected and recycled for the prior twelve-month period or any portion thereof.
A.
It shall be unlawful for any person other than the
Borough or its designee to collect recyclable waste and/or recyclable
paper products from any residential dwelling without first applying
for and obtaining a permit therefor from the Borough as provided hereinafter.
B.
It shall be unlawful for any person to collect recyclable
waste and/or recyclable paper products from any multifamily dwelling
and/or any commercial, industrial and institutional establishment
without first applying for and obtaining a permit therefor from the
Borough as provided hereinafter.
C.
Any person desiring to collect recyclable waste and/or recyclable paper products as provided in Subsections A and B above shall file with the Borough a written application for a permit allowing such collection, which application shall include the following:
(1)
All relevant information concerning the applicant,
including but not limited to the applicant's name, business address,
business telephone number, business experience, business references,
number of employees and number of collection vehicles.
(2)
A detailed description of the residential dwelling(s),
the multifamily dwelling(s) and/or the commercial, industrial and
institutional establishment(s) from which the recyclable waste and/or
recyclable paper products are to be collected, including the name,
address and telephone number of the owner, landlord, tenant, occupant
and/or his, her or their agent, as the case may be, the location from
which the same is to be collected, the amount to be collected, the
days and times such collection is to take place and the type of recyclable
waste containers to be used.
(3)
The name, address and telephone number of the person(s)
to which the recyclable waste and/or recyclable paper products are
to be delivered and/or sold.
(4)
A copy of the contract under which the applicant is
seeking to collect the recyclable waste and/or recyclable paper products.
(5)
Payment of a permit fee of $25 per contract or per
property if more than one property is included in the contract, which
fee is hereby imposed for the issuance of any permit hereunder. Any
initially issued permit shall expire at the end of the calendar year
in which it is issued without the abatement in the permit fee. Prior
to December 31 of the initial calendar year and every calendar year
thereafter, if such initial permit has been continuously renewed,
any initially issued permit can be renewed for the following calendar
year by filing with the Borough a written application for renewal
setting forth the same information requested in the initial application
and by the payment of an annual renewal permit fee of $25 per contract
or per property, if more than one property is included in one contract.
Except when permitted and/or authorized by the
Borough, it shall be unlawful for any person to commingle and/or to
mix recyclable waste with recyclable paper products and/or any other
solid waste when separating the same, when placing the same for collection,
when collecting the same and/or when transporting the same after collection
to the place where the same is to be delivered or sold.
A.
The Borough shall provide to the occupant of each
residential dwelling, free of charge, one recyclable waste container.
Upon receiving a container, each occupant thereof shall immediately
place his, her or their name(s) and address upon the same in the designated
locations. If the container is lost or damaged to the extent that
it can not be used for its designed purpose, such occupant to whom
it has been issued shall immediately apply, in writing, to the Borough
for a replacement container and shall pay a fee for each replacement
container requested in such sum as established by the Borough.
B.
The owner, landlord, tenant, occupant and/or his,
her or their agent, as the case may be, of every multifamily dwelling
and every commercial, industrial and institutional establishments
shall provide, at his or their own cost and expense, all necessary
and required recyclable waste containers, which must be approved as
to type and size by the Borough upon written application to it.
A.
The Borough Council or its designee is hereby authorized
and empowered to enforce the provisions of this article and to establish
and promulgate reasonable rules and regulations relative to the separation,
collection, management and disposal of recyclable waste and recyclable
paper products.
B.
The Borough Council is also authorized and empowered
to enter into an agreement or agreements with any public or private
agency or firm for the collection of all or any part of the recyclable
waste and/or recyclable paper products as provided herein.
A.
Any person who shall violate any of the provisions of § 86-44 of this article shall, upon conviction before any District Justice legally empowered to hear such matters, be punished by a fine of not less than $200 nor more than $1,000 or by imprisonment for a term not exceeding 30 days, or both. Each day's failure to comply with any provision of § 86-44 of this article shall constitute a separate offense or violation thereof.
B.
Any person who shall violate any of the other provisions
of this article shall, upon conviction before any District Justice
legally empowered to hear such matters, be punished as follows:
(1)
For the first conviction, by a fine of not less than
$10 nor more than $25 or by imprisonment for a term not exceeding
five days, or both.
(2)
For the second conviction within one year, by a fine
of not less than $25 nor more than $50 or by imprisonment for a term
not exceeding 10 days, or both.
(3)
For a third conviction within one year, by a fine
of not less than $50 nor more than $100 or by imprisonment for a term
not exceeding 15 days, or both.
(4)
For a fourth and each subsequent conviction within
one year, by a fine of not less than $100 nor more than $1,000 or
by imprisonment for a term not exceeding 30 days, or both.
C.
Each day's failure to comply with any applicable provision
of this article shall constitute a separate offense or violation thereof.
If any section, provision, part or clause of
this article is in conflict with and contrary to any other section,
provision, part or clause of this chapter, the more restrictive section,
provision, part or clause shall be applicable, shall take precedence
and shall be enforced.
If any section, part or clause of this article
is declared void by a court of competent jurisdiction, the remainder
of this chapter shall remain valid and in full force and effect.
This article is effective immediately; however,
the provisions of this article pertaining to the separation, collection,
management and disposal of recyclable waste and recyclable paper products
shall take effect as directed by Borough Council.
