[Adopted 4-9-2001 by Ord. No. 2001-17[1]]
[1]
Editor's Note: This ordinance also provided
for the repeal of former Article III, General Provisions; Recycling,
adopted 10-10-1994 by Ord. No. 94-28.
This article shall be known as the "Radnor Township
Municipal Solid Waste and Recycling Ordinance."
The purpose of this article is to provide for
the health, safety and welfare of the residents of the Township of
Radnor by regulating the collection, storage, transportation, removal,
dumping, deposit, disposal and recycling of solid waste by:
A.Â
Instituting a comprehensive solid waste management
program.
The following words and phrases, when used in
this article, shall have, unless the context clearly indicates otherwise,
the meanings ascribed to them in this section.
Empty, nonaerosol, all-aluminum beverage and food containers,
excluding products such as pie pans and aluminum foil.
Empty, nonaerosol steel or tin-coated steel food and beverage
containers.
Items of solid waste which, due to their size, shape or weight,
cannot be collected as part of the normal weekly municipal waste collection
and, therefore, require special handling. It includes such items as
appliances, furniture, auto seats, playground equipment, box springs,
mattresses and other materials as defined by the Delaware County Solid
Waste Authority.
Newspaper, magazines and periodicals, high-grade office paper,
corrugated paper, junk mail, telephone books and paperback books.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than six dwelling units.
Glass, aluminum cans, bimetallic and ferrous cans and plastic
bottles.
Lumber, roofing material, sheathing, rubble, broken concrete,
macadam, plaster and brick, conduit, pipe, insulation and other material
which results from a construction, demolition or remodeling process.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, including not more than one kitchen
used exclusively for the residence of one family.
Plain, uncolored or colored glass bottles and jars. Expressly
excluded from this definition of glass are blue glass, lead crystal,
porcelain products, light bulbs and tempered or plate glass.
The low green herbage of pastureland and lawns.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Facilities that house or serve groups of people such as hospitals,
nursing homes, public and private schools and universities.
The thin outgrowth of a twig or branch, usually green in
color and consisting of a broad blade and a stalk.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals.
Commercial establishments being used as rental housing apartment
buildings or apartment complexes which have more than six dwelling
units per structure. This definition shall also include apartment
complexes owned and operated by institutional establishments.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements and matters of public interest, excluding
magazines.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority or any other legal entity
whatsoever which is recognized by law as the subject of rights and
duties.
Empty consumer product bottles made of polyethylene terephaliate
(PET) and high-density polyethylene (HDPE), such as soft drink bottles
and milk and bleach bottles.
Those materials specified by the Township of Radnor herein
or by subsequent action for this board for separation, collection,
processing, recovery or reuse as part of a recycling program.
The program or system of separation, collection, processing,
recovery or reuse of recyclables.
Any garbage, 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 of "residual or hazardous waste"
in the Solid Waste Management Act[1] 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.
Refuse from residential dwellings is herein called "residential refuse."
Single-family dwelling units, including individually owned
townhouses and condominiums or a building or a group of buildings
having a common ownership and containing or comprising multiple family
dwelling units not exceeding six units in number.
The governmental jurisdiction and legal entity of the Township
of Radnor, Delaware County, Pennsylvania.
Garden residues, shrubbery, tree trimmings and similar materials,
but not including grass clippings and leaves.
[1]
Editor's Note: See 35 P.S. 6018.101 et seq.
A.Â
All residential refuse and recyclables accumulated
in the Township of Radnor shall be collected, conveyed and disposed
of by the Township.
B.Â
It shall be unlawful for any person to dispose of
any refuse within the Township of Radnor.
C.Â
The Department of Public Works is herewith authorized
to make regulations concerning the days and hours of collection and
disposal necessary for the efficient and effective operations of the
Township's solid waste and recycling program, provided that such regulations
are consistent with the practical intentions of the provisions herein
contained.
D.Â
The Township will not be responsible for collecting
or disposing of refuse or recyclables other than residential refuse.
The owners of such nonresidential properties shall be responsible
for the disposal of refuse and recyclables from their premises. Such
material shall be disposed of in watertight vehicles provided with
tight covers and so operated to prevent offensive odors from escaping
therefrom and materials from being blown, dropped or spilled.
A.Â
Precollection practices.
(1)Â
Preparation of material.
(a)Â
All material, before being placed in refuse
or recycling containers for collection, shall be drained and free
from liquids.
(b)Â
Loose materials must be placed in containers.
Construction and demolition waste shall not be collected by the Township
but must be removed by owners or contractors through other means.
(c)Â
Tree trimmings, hedge clippings and similar
material shall be cut to lengths not to exceed three feet and securely
tied in bundles not more than two feet thick before being deposited
for collection at the curb.
(d)Â
Grass clippings shall not be collected.
(e)Â
Clean paper products must be placed in a paper
shopping bag or tied with string into a bundle not exceeding 50 pounds
in weight.
(f)Â
Leaves must be raked in bulk to the curb area
during the designated leaf collection program. At other times of the
year bagged leaves will be collected according to the Public Works
rules and regulations.
(2)Â
Containers.
(a)Â
All refuse receptacles shall be durable, watertight
and made of rust-resistant metal or plastic and have a tight fitting
lid. The size of each container shall not exceed thirty-five-gallon
capacity.
(b)Â
Recycling containers shall be durable plastic
containers with lids, which shall be distributed by the Township.
(c)Â
All containers shall be maintained in good condition
and must not have ragged or sharp edges. Failure to comply with this
provision will result in termination of service.
(3)Â
Storage.
(a)Â
Refuse and recycling containers and paper bundles
shall be placed at the rear house line, clearly visible to the collector.
No person shall place any of these materials as well as any yard waste
except as noted above in any street or highway or sidewalk. If containers
are brought to the front of a property, they shall not be brought
out before 7:00 p.m. the day before the regularly scheduled collection,
and must be returned to the rear house line before 11:00 p.m. on the
day of the regularly scheduled collection.
(b)Â
The Township may refuse to collect unreasonable
accumulations of refuse or materials improperly stored.
(c)Â
It shall be a violation of this article for
any person to throw, dispose or deposit any refuse or recyclables
on property other than that which he legally occupies.
(d)Â
The Township shall designate the type of refuse
collection containers at multifamily properties which exceed 10 units.
B.Â
Frequency of collections. Refuse, paper and commingled
recyclables will be collected once each week, except for emergencies.
The Township will establish a regular schedule of refuse and recycling
collections, such schedule will be published and distributed to the
residents.
C.Â
Reporting requirement for licensed haulers.
(1)Â
Private refuse collection firms, registered with the
Township, shall provide to the Township on an annual basis the amount
of waste collected by them in the Township.
(2)Â
It shall be unlawful for any waste collector to collect
or transport recyclables or refuse without written permission from
the Township.
A.Â
General. The Township will provide open-truck refuse
collections to residential dwellings within the Township for bulk
waste, for a fee.
B.Â
Preparation. Loose materials shall be placed in containers.
The maximum weight limit for any one collection is 150 pounds. Construction
and demolition waste shall not be collected by the Township but must
be removed by owners or contractors through other means.
C.Â
Placement of items. Items to be collected must be
placed at or near the curb, and collectors shall not enter any building
for the purpose of making collections.
D.Â
Application fee. The Public Works Department of the
Township of Radnor shall distribute application forms to be completed
and signed by any person requesting open-truck refuse collection.
Such applications must be submitted at least two weeks in advance
of the collection day when the collection is to be made. All applications
shall be accompanied by payment of the appropriate collection fee.
A.Â
Introduction. The Township, recognizing the reclaiming
of recyclable materials is an important method for addressing the
growing solid waste disposal problem through conserving landfill space,
and that recycling conserves natural resources, reduces energy consumption
and promotes the general interest, and to be in compliance with Pennsylvania
Act 101,[1] does hereby authorize and require collection, processing,
storage, transportation and recycling of materials in accordance with
the provisions of this article.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
B.Â
Establishment of program. The Township hereby establishes
a program for the mandatory source separation of recyclables from
municipal waste by persons residing in single-family dwellings and
multifamily establishments and by commercial, institutional and industrial
establishments.
C.Â
Residential recycling.
(1)Â
All persons occupying residential dwellings shall
separate aluminum, bimetallic and ferrous cans, glass, plastic bottles,
leaves and clean paper products from other waste generated at their
residential dwelling and store such material until collection by the
Township. The Township may, by resolution, designate other materials
from residential dwellings to be separated from waste.
(2)Â
The person occupying a residential dwelling shall
deposit the commingled recyclables into the recycling container and
place it at the rear house line for collection on the designated day.
(3)Â
Persons occupying residential dwellings shall deposit
the clean paper products into a paper shopping bag or tie them into
a bundle and place it next to the recycling container for collection
on the day designated for recyclable collection.
D.Â
Commercial and institutional recycling.
(1)Â
Persons occupying commercial and institutional establishments
shall be required to separate, from other waste, at least the following
recyclable items: aluminum cans, high-grade office paper, glass, bimetallic
cans, corrugated paper and leaves.
(2)Â
Each commercial and institutional establishment in
Radnor Township shall develop a collection system for recyclables
at their complexes and provide written documentation to the Township
of the total number of tons recycled and of the total number of tons
of waste generated annually.
E.Â
Multifamily properties recycling.
(1)Â
Persons occupying multifamily rental housing units
shall be required to separate, from other waste, all clean paper products
and leaves and at least two items from the following list: clear glass,
colored glass, aluminum cans, steel and bimetallic cans and plastic
bottles.
(2)Â
An owner, landlord or agent of an owner or a landlord
of multifamily rental properties shall provide a collection system
for these recyclable materials 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.
(3)Â
Owners, landlords or agents of owners or a landlord
of multifamily rental housing units shall annually provide written
documentation to the Township of the total number of tons recycled
and the total number of tons of waste generated annually.
F.Â
Unauthorized collection.
(1)Â
From the time of placement of recyclable items at
the designated collection location for residential dwellings, the
recyclable items shall become the property of the Township or its
authorized agent. It shall be a violation of this article for any
person unauthorized by the Township to collect, pick up or cause to
be collected or picked up any such items. Any and each such collection
in violation hereof from one or more locations shall constitute a
separate and distinct offense punishable as hereinafter provided.
(2)Â
It shall be unlawful for a person to collect, remove
or dispose of waste which contains recyclables.
Any person violating any of the provisions of
this article shall be subject to termination of service, if any, and
upon conviction thereof by a District Justice, be sentenced to pay
a fine of not less that $100 and not more than $1,000 and costs. Every
violator of the provisions of this article shall be deemed guilty
of a separate offense each and every day such violation continues
and shall be subject to the penalty imposed by this section for each
and every separate offense.