[Ord. 2-2006, 4/19/2006]
The following words or terms for the purposes of this Part should
be taken to mean as follows:
Any group of items associated with the cleaning out of a
dwelling unit and placed curbside for collection whose large size
or weight precludes or complicates their handling by normal collection
or disposal methods (includes old furniture; carpeting; mattresses;
television, personal belongings, etc.).
All refuse of animal and vegetable matter which has been
used as food for man and all refuse, animal and vegetable, which was
intended so to be used.
Includes durable goods, non-durable goods, containers and
packaging, food wastes, garbage, rubbish and other waste or refuse
generated by a residential, manufacturing, commercial, business, institutional
or industrial source. Examples from these categories include, but
are not limited to: clothing, food scrapes, disposable tableware,
wood pallets, rubber tires, and cafeteria wastes and other miscellaneous
inorganic wastes from residential, commercial, institutional and industrial
sources.
An individual or individuals, company, partnership, firm,
limited partnership or corporation.
All combustible and noncombustible waste materials except
garbage.
All garbage, rubbish, waste or refuse generated by a manufacturing,
commercial, business, institutional or industrial source.
[Ord. 2-2006, 4/19/2006]
1.Â
All garbage and rubbish except trade waste shall be collected and
disposed of by the Borough or by a responsible person under contract
with the Borough. This service shall be free of charge to all single-family
dwellings and to one dwellings unit of each two-family dwelling and
multiple dwellings. All two-family dwellings and multiple dwellings
shall be charged a fee as established from time to time by resolution
of Borough Council.
2.Â
Contracts under this Part may from time to time be let to the lowest
responsible bidder, after due advertisement first had by publication
as required by the Borough Code, which contract may contain in addition
to the requirements of this Part such other provisions not in conflict
herewith as may be deemed advisable to incorporate therein, and such
contract shall be executed by the Mayor, President and Secretary of
Borough Council on behalf of the Borough. Such contracts may be let
for periods not to exceed three years and, at the discretion of Council,
may contain a provision requiring the successful contractor to give
a bond in such amount as Council may deem proper, with approved security,
conditioned for the faithful performance of the contract.
[Ord. 2-2006, 4/19/2006; as amended by Ord. No. 02-2019,
1/2/2019]
All trade waste shall be collected and disposed of by a contracted
collector under agreement with the owner or occupant, with the cost
thereof to be paid by the owner or occupant. No trade waste shall
be set out for collection unless and until the owner or occupant of
the premises where the trade waste originates or is produced has entered
into an agreement with a private contractor for collection and disposal
of said waste.
[Ord. 2-2006, 4/19/2006; as amended by Ord. No. 04-2022, 1/19/2022]
Garbage and rubbish shall be collected from residences once
or twice a week, as Borough Council may determine when the Borough
is the collector, or shall be provided in the contract with any contractor
collector. Garbage and rubbish shall be collected from premises between
the hours of 6:00 a.m. and 6:00 p.m.
[Ord. 2-2006, 4/19/2006; as amended by Ord. 3-2007, 1/17/2007;
and by Ord. No. 04-2022, 1/19/2022]
1.Â
No garbage or rubbish shall be accumulated or stored upon any premises
prior to placement for collection except in the containers provided
by the Borough for the collection of solid waste. No container shall
weigh more than 50 pounds when full. The number of containers placed
curbside for collection shall not exceed the maximum number of containers
assigned by the Borough.
2.Â
Cleanout items shall be placed curbside for collection only after the owner or occupant has contacted the Borough and enters into an agreement whereby the Borough will remove the items and assess a charge based on the weight of the items and the tipping fees charged by the waste disposal facility. Cleanout items placed curbside contrary to the rules and regulations outlined in this section shall be the responsibility of the owner and are subject to the penalties described in § 20-109.
[Ord. 2-2006, 4/19/2006; as amended by Ord. 3-2007, 1/17/2007;
and by Ord. No. 04-2022, 1/19/2022]
Refuse receptacles shall be placed for collection at sidewalk
level immediately adjacent to the curb. Except by express permission
of the Borough, no refuse may be placed for collection at any other
location. Refuse receptacles shall not be placed at the curb prior
to 5:00 p.m. of the day before the collection day. The empty containers
shall be removed from curbside and returned to the premises no later
than 7:00 p.m. the day of collection. No person shall place garbage
or rubbish in any receptacle that has been placed for collection by
another person, except with the express permission of the owner of
the receptacle.
[Ord. 2-2006, 4/19/2006; as amended by Ord. No. 04-2022, 1/19/2022]
The collector shall have the right to refuse to collect any
garbage or rubbish which is maintained, stored or placed for collection
in violation of the provisions of this Part. It is the intent of this
Part that the reasonable accumulation of refuse of each family for
the collection period shall be collected. Refuse in containers and/or
plastic bags not conforming to the above descriptions (e.g., not in
the Borough-provided containers as required) will be left at the curb,
"red tagged" and not collected.
[Ord. 2-2006, 4/19/2006; as amended by Ord. No. 04-2022, 1/19/2022]
Refuse shall be collected according to schedules established
by the Borough. Refuse collection shall be suspended on legal holidays
according to schedules established by the Borough. During weather
emergencies, refuse collection may be suspended until such time as
refuse collection can resume. During periods when collection has been
suspended, no person shall place refuse curbside for pickup until
the next scheduled collection day, weather permitting. In the event
conditions are such that a scheduled collection does not occur due
to a weather emergency, trash placed curbside for collection shall
be returned to the property for proper storage until next regularly
scheduled collection day.
[Ord. 2-2006, 4/19/2006; as amended by Ord. 3-2007, 1/17/2007]
1.Â
Any person, firm or corporation who shall violate any provision of
this Part shall, upon conviction thereof, be sentenced to pay a fine
of not less than $100 and no more than $1,000, plus costs and attorneys'
fees, and, in default of payment of such fine and costs, to a term
of imprisonment not to exceed 30 days. Each day that a violation continues
shall constitute a separate offense.
2.Â
A cleanout placed curbside for collection in violation of any part
of this Part shall be considered a public nuisance. In the event the
owner and/or occupant of the property cannot be contacted by the end
of the business day on which the violation is noted by the Borough,
the Code Official, at his or her discretion, shall have the materials
removed by whatever means necessary, and all costs associated therewith
shall be assessed to the owner and/or to the property on which the
violation occurred. The Borough may collect such costs through the
filing of a municipal claim or through such other remedy as provided
by law.
[Ord. 4-2008, 8/20/2008]
The purpose of this Part 2 is to avoid public health hazards,
environmental pollution, economic loss and irreparable harm to the
public safety and welfare as a result of improper waste practices.
[Ord. 4-2008, 8/20/2008]
As used in this Part 2, the following terms shall have the meanings
indicated:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
The Amended Municipal Waste Planning, Recycling and Waste
Reduction Act.[2]
The Solid Waste Management Act of 1980.[3]
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel or
aluminum.
Those recyclables not exposed to foreign substances or conditions
rendering them unusable for recycling.
Events that are sponsored by public or private agencies or
individuals, including but not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
A computer central processing unit and associated hardware,
including keyboards, modems, printers, scanners and fax machines;
a cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones, and such other materials
as shall be designated "electronic waste" by the Borough.
[Added by Ord. No. 04-2022, 1/19/2022]
Empty steel- or tin-coated food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automobile glass, light
bulbs, blue glass, porcelain and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings. Grass clippings shall not be
considered "leaf waste" and will not be collected by the Borough.
[Amended by Ord. No. 02-2019, 1/2/2019]
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
A detached residential building containing three or more
units.
Any garbage, refuse, industrial lunchroom or 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 (35 P.S. § 6018.101 et seq.).
This 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.
Expressly excluded are newspapers that have been soiled, color comics,
glossy advertisement inserts, and advertising inserts printed in colors
other than black and white.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Borough
and can be separated from municipal waste and returned to commerce
to be reused as a resource in the development of useful products.
Recyclable materials may include but are not limited to clear glass,
colored glass, aluminum, steel, bimetal cans, high-grade office paper,
newsprint, corrugated paper, leaf waste, and plastics.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste or
the mechanized separation and treatment of municipal waste and creation
and recovery of reusable materials.
All recyclable materials, including cans, glass, paper and
plastic, are combined and collected together.
A building containing one dwelling unit with not more than
five unrelated persons.
Those materials separated at the point of origin for the
purpose of being recycled.
All recyclable materials generated by a manufacturing, commercial,
business, institutional or industrial source.
[Added by Ord. No. 04-2022, 1/19/2022]
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. The term does not include source-separated recyclable
materials or material approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
[Ord. 4-2008, 8/20/2008; as amended by Ord. No. 02-2019,
1/2/2019; and by Ord. No. 04-2022, 1/19/2022]
Conshohocken Borough does hereby establish a recycling program
for the collection of recyclable materials and the separation, collection
and composting of all leaf waste from all residences located within
the Borough for which waste collection is provided by the Borough
or any other collector. Collection of recyclable material for residences
shall be made at least once a month by the Borough, its agent or any
other solid waste collectors operating in the Borough authorized to
collect recyclable materials. Frequency of collection with respect
to properties for which the Borough or its contracted collector provides
recycling services may occur more frequently than one time per month,
as shall be determined and directed by the Borough from time to time.
Collection of recyclable materials for all other uses, including trade
recyclables, shall occur pursuant to agreement between the owner or
occupant and a contractor collector. The recycling program shall also
include a sustained public information and education system.
[Ord. 4-2008, 8/20/2008; as amended by Ord. No. 02-2019,
1/2/2019; and by Ord. No. 04-2022, 1/19/2022]
1.Â
Each person or entity who or which generates municipal waste in the
Borough shall be responsible for complying with the requirements of
this Part 2 for the separation of recyclable materials as required
by Act 101 and Act 140 as implemented by the Borough. This shall include
tenants and lessees occupying leased properties.
2.Â
All persons residing in the Borough of Conshohocken shall separate
all of those recyclable materials designated by the Borough from all
other municipal waste produced at their homes, apartments, or other
residential establishments, store such materials for collection, and
place the same for collection in accordance with the guidelines as
established hereunder. Materials to be recycled are selected by the
Borough from the following: clear glass, colored glass, aluminum,
steel and bimetallic cans, office paper, newspaper, corrugated paper,
magazines and periodicals, plastic, leaf waste and any other materials
designated by the Borough for recycling.
A.Â
Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in roll-out
containers provided by the Borough for collection. Any container provided
to the residences for the collection of recyclables shall be the property
of the Borough and shall be used only for the collection of recyclable
material. Recycling containers are to be left at the property when
a resident moves. Replacement and/or additional containers shall only
be obtained from the Borough, subject to any fees as shall be established
by the Borough from time to time.
B.Â
An owner, landlord, or agent of a landlord of a multifamily rental
housing unit may comply with his/her recycling responsibilities by
establishing a collection system at each property. The collection
system must include suitable containers for collecting and sorting
the recyclable materials, easily accessible locations for the containers,
and written instructions to the occupants concerning the use and availability
of the collection system. If recyclable materials are collected by
a collector other than the Borough or its authorized agent, owners,
landlords and agents of owners shall submit an annual report to the
Borough and/or its designee reporting the tonnage of materials recycled
during the previous year. The Borough shall have the right to perform,
itself or through a third party, audits of recyclable materials generated
by these residential properties.
3.Â
All persons must separate leaf waste from other municipal waste generated
at their homes, apartments and other residential establishments for
collection, unless those persons have otherwise provided for composting
of leaf waste.
4.Â
Nonresidential establishments, e.g., institutional, commercial, business
or industrial establishments, shall be required to meet the following
requirements:
A.Â
Persons must separate clear glass, colored glass, aluminum, steel
and bimetallic cans, high-grade office paper, newspaper, corrugated
paper, magazines and periodicals, plastic, leaf waste and any other
materials designated by the Borough for recycling generated at nonresidential,
e.g., commercial, municipal and institutional, establishments and
from community activities and store the recyclables until collection,
and shall submit an annual report to the Borough reporting the tonnage
of materials recycled during the previous year. An individual may
be exempted from this subsection based on a preapproved alternate
recycling procedure. Such procedure must be approved by the Borough
before an individual is exempted from this subsection. An individual
shall submit written documentation to the Borough indicating that
a procedure is being followed which ensures that recyclable materials
are being recycled in an appropriate manner. After approval by the
Borough and an individual is exempted from this subsection, said individual
must annually submit documentation that the alternate procedure is
being followed and the recyclable materials are being recycled in
the appropriate manner.
B.Â
A recyclable collection system shall be established for each nonresidential
property or unit. The collection system must include suitable containers
for collecting and sorting the recyclable materials, easily accessible
locations for the containers, and written instructions to the tenants,
as applicable, concerning the use and availability of the collection
system; owners, landlords and agents of owners shall submit an annual
report to the Borough and/or its designee reporting the tonnage of
materials recycled during the previous year. The Borough shall have
the right to perform, itself or through a third party, audits of recyclable
materials generated by nonresidential properties.
5.Â
Electronic Waste. Electronic waste shall be separated from other
refuse at all properties in the Borough, whether residential or nonresidential.
A.Â
Electronic waste for those properties for which the Borough or its
contracted collector provides recycling collection service shall be
disposed of in the Borough in the manner directed by resolution of
the Borough and at such locations as shall be designated by the Borough.
A fee for electronic waste disposal may be established by the Borough.
B.Â
All other properties (i.e., all properties for which the Borough
or its contracted collector does not provide recycling collection
service) shall establish a collection system for separation and collection
of electronic waste.
[Ord. 4-2008, 8/20/2008]
All recyclable materials placed by persons for collection by the Borough or an authorized collector pursuant to this Part 2 shall, from the time of placement on the curb, become the property of the Borough or the authorized collector, except as otherwise provided for in § 20-207. Nothing shall be deemed to impair the ownership of recyclable materials by the generator unless or until such materials are placed at the curbside for collection.
[Ord. 4-2008, 8/20/2008; as amended by Ord. No. 02-2019,
1/2/2019]
It shall be a violation of this Part 2 for any person, firm
or corporation, other than the Borough, one authorized by the Borough
Council, a collector contractor pursuant to agreement for nonresidential
sources, or other entity responsible for providing collection of recyclable
materials, to collect recyclables placed by residents or commercial,
municipal or institutional establishments for collection, unless such
person, firm or corporation has prior written permission from the
generator for the collection. In violation hereof, unauthorized collection
from one or more residences or commercial, municipal or institutional
establishments on one calendar day shall constitute a separate and
distinct offense as hereinafter provided.
[Ord. 4-2008, 8/20/2008]
Any residence or commercial, municipal or institutional establishment
may donate or sell recyclable materials to any person, firm or corporation,
whether operating for profit or not, provided that the receiving person,
firm or corporation shall not collect such donated recyclable material
form the collection point without the prior written permission from
the Borough Council or other entity responsible for authorizing collection
of recyclable materials to make such collection.
[Ord. 4-2008, 8/20/2008; as amended by Ord. No. 04-2022, 1/19/2022]
Disposal by persons, including by collectors or operators of
recycling facilities, of recyclable materials with refuse, whether
from residential or nonresidential properties, is prohibited and shall
be a violation of this Part 2. Collected recyclable materials shall
be taken to a recycling facility. Disposal by collectors or operators
of recycling facilities of source-separated materials in landfills
or to be burned in incinerators is prohibited unless markets do not
exist and the collectors or operators have notified the Borough Council
in writing.
[Ord. 4-2008, 8/20/2008]
1.Â
Each municipal waste collector shall provide yard and leaf waste
collection service at least once during the spring and at least once
during the fall of each year. The dates of these collections will
be determined by the municipality each year.
2.Â
Leaf waste collection shall be conducted by municipal waste collectors
in accordance with regulations of the DEP, and leaf waste disposal
shall be in a DEP-permitted facility in accordance with all applicable
state guidelines.
3.Â
All municipal waste collectors shall provide the Borough with the
name and address of the facility(ies) where the leaf waste will be
disposed and report the quantity in tons or cubic yards. Leaf waste
shall not be commingled with any other municipal solid waste. The
disposal of noncomposted/composted leaf waste at a sanitary landfill
or waste-to-energy facility is strictly prohibited.
4.Â
The methodology for separating and collecting leaf waste shall be
established by the municipal waste collectors and shall be subject
to approval by the Borough. All municipal waste collectors shall provide
the Borough with a leaf waste collection/disposal plan providing information
regarding their expected leaf waste collection and disposal service
to their customers on or before June 30 of each year, prior to distribution
to customers. The Borough and/or municipality shall have 60 days to
provide comment or the information shall be deemed approved for distribution
to customers. Leaf waste shall not be left at curbside more than 24
hours prior to collection and shall not be left in a form that obstructs
the flow of traffic or affects the performance of drainage facilities
or catch basins.
5.Â
The burning of leaf or yard waste within the Borough is hereby prohibited.
[Ord. 4-2008, 8/20/2008]
The Borough shall create an education program that will educate
both residents and businesses on the importance of proper recycling.
The Recycling Coordinator appointed by the Borough Council shall oversee
the educational program. The goals are to improve the environment,
preserve our natural resources and enhance the quality of life in
the Borough. Program elements may include but are not limited to the
following:
A.Â
Promote and educate the public about recycling and proper solid waste
disposal.
B.Â
Develop and publish brochures, flyers, a recycling directory, and
other literature.
C.Â
Work with schools, businesses, and other organizations on recycling
and waste management projects.
D.Â
Conduct presentations and special events.
E.Â
Work with waste haulers and recycling centers on improving the recycling
services provided.
[Ord. 4-2008, 8/20/2008; as amended by Ord. No. 04-2022, 1/19/2022]
1.Â
The Borough Council is hereby authorized and directed to make reasonable
rules and regulations for the operation and enforcement of this Part
2 as deemed necessary, including but not limited to:
A.Â
Establishing recyclable materials to be separated for collection
and recycling by residences and additional recyclable materials to
be separated by commercial, municipal and institutional establishments.
B.Â
Establishing collection procedures for recyclable materials.
C.Â
Establishing reporting procedures for amounts of material recycled.
D.Â
Establishing procedures for the distribution, monitoring, auditing,
and collection of recyclable containers.
E.Â
Establishing the procedures and rules for the collection of leaf
waste and electronic waste.
F.Â
Appointing a Recycling Coordinator(s) who shall be responsible for
implementation of this Part 2.
2.Â
Any person, firm or corporation, whether recyclables are generated
from a residential or nonresidential property, who shall violate the
provisions of this Part 2 shall receive an official written warning
of noncompliance for the first offense. Thereafter, all violations
shall be subject to the penalties hereinafter provided. For example,
failure to use the Borough-provided toters for the collection of recyclables
(where required) shall result in a written warning for the first offense,
and, thereafter, penalties.
3.Â
Any person, firm or corporation who shall violate any provision of
this Part 2 shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus court costs and, in default of payment
of same, be sentenced to a term of imprisonment not to exceed 90 days.
Each day that a violation continues shall constitute a separate offense.
In addition, the Borough, through its Solicitor, may institute injunctive,
mandamus or any other appropriate action or proceeding at law or in
equity for the enforcement of this Part 2. Any court of competent
jurisdiction shall have the right to issue restraining orders, temporary
or permanent injunctions, mandamus or other appropriate forms of remedy
or relief. Fines and penalties shall automatically be adjusted as
required to comply with any limits established by state statute.
