[Adopted by Ord. No. 90-7 (Ch. 64 of the 1971 Code)]
The Township of Marple hereby establishes a
program for the reduction of the amount of solid waste and conservation
of recyclable materials by the separation and collection of used newspaper,
paper, cardboard, glass, cans, plastics and leaf waste for recycling
from the residential, commercial and institutional establishments
in the municipality in accordance with the Pennsylvania Municipal
Waste Planning, Recycling and Waste Reduction Act (Act 1988-101).[1]
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
As used in this article, the following definitions
shall apply:
The light in weight ductile and malleable metallic substance
or element commonly known as "aluminum food and beverage cans." This
description does not include aluminum foil, trays, plates and miscellaneous
aluminum products.
Four or more units located on a single property or contiguous
properties under common ownership or management. For this purpose,
"apartment" shall mean an enclosed space that consists of one or more
rooms occupying all or part of a floor or floors in a building of
one or more floors or stories but not the entire building, and that
is designed for use as a residence.
Containing two or more metallic materials.
Containers comprised of aluminum, tin, steel or a combination
thereof, which contains or formerly contained only nonaerosol substances.
All corrugated or other cardboard normally used for packing,
mailing, shipping or containerizing goods, merchandise or other material,
but excluding plastic, foam or wax-coated or soiled cardboard.
Source-separated, nonputrescible recyclable materials that
have been mixed at the source of generation (i.e., placed in the same
container).
That County of Delaware, Commonwealth of Pennsylvania.
The district solid waste management plan for Delaware County
as approved by the Pennsylvania Department of Environmental Protection.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid or semisolid material generated
in residential, municipal, commercial or institutional establishments
and from community activities, and other solid waste which is within
the definition of "municipal solid waste" as set forth in the Pennsylvania
Solid Waste Management Act of 1980 (35 P.S. 6018.101 et seq.), as
amended.
The hard, brittle, transparent or partially transparent substance
produced by fusion of silica and silicates or sand containing soda
and lime and/or other chemicals and substances usually or conveniently
included in the manufacture of glass; and shall include all materials
commonly known as "glass bottles or containers." This includes all
food and beverage containers made of glass of one gallon or less capacity.
Excluded are blue glass, ceramics, pottery and flat glass commonly
known as "window" or "plate" glass.
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
The recycling plan developed by and for this municipality
in accordance with Act 1988-101.[1] The Municipal Recycling Plan sets forth the materials
to be recycled within the municipality; the method for collection
and disposition of said recyclables; the recovery rate goals; and
the publicity and education measures to be used to promote recycling.
The Township of Marple located within the County of Delaware,
Commonwealth of Pennsylvania.
All newspaper, high-grade office paper, fine paper, bond
paper, office paper, xerographic paper, duplication paper, computer
paper and similar cellulosic material, but excluding wax paper, plastic
or foil coated paper, envelopes with glassine windows, carbon paper,
blueprint paper, food contaminated paper, soiled paper, magazines,
catalogs, junk mail, telephone books and cardboard.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency or other local entity
whatsoever which is recognized by law as the subject of rights and
duties. In any provisions of this article prescribing a fine, penalty
or imprisonment or any other combination of the foregoing, the term
"person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
Plastic soda bottles and plastic milk and water jugs.
A program developed and provided by the municipality to inform
and encourage residents to use the recycling collection services.
All paper, glass, metal cans (aluminum, steel, bimetallic),
as defined herein, and/or other such material as may be defined by
the municipality.
Any process by which material, which would otherwise become
solid waste, are collected, separated or processed, and returned to
the economic mainstream in the form of raw materials or products.
Those services to be performed by a contractor as follows:
the collection of recyclable materials from locations within the municipality;
processing of recyclable materials as applicable; and marketing of
recyclable materials.
Approximately twenty-two-gallon container with a lid made
of rigid plastic construction, provided by the municipality for the
storage of recyclable materials.
Any facility designed and operated solely for the receiving
and storing of source-separated nonputrescible metal, glass, paper,
plastic containers and cardboard.
Any human being residing within the municipality on a temporary
or permanent basis, by excluding person residing in hotels or motels.
Waste, including but not limited to municipal, commercial,
institutional or industrial waste.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
The ferrous metal food or beverages containers commonly known
as "tin cans."
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A.Â
There is hereby established, within the area of the
municipality comprising 10 square miles, a program ("curbside program")
for separate collection of paper, glass, cans and plastics from all
residents of the municipality located within said area and from all
other persons, including commercial or institutional establishments,
within said areas whose solid waste is collected by or on behalf of
the municipality.
B.Â
Collections of recyclable materials pursuant to this
section shall be made on a biweekly basis except in cases where the
collection day falls upon New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day. Collection shall
occur in accordance with a schedule of recycling collection areas
and dates to be publicly advertised by the municipality.
C.Â
All residents of the municipality within the area served by the curbside program established pursuant to this section shall source-separate all designated recyclables and place them at the curb or roadside fronting their residence in the manner designated by § 252-47 of this article and on the date specified for collection by the schedule published by the municipality.
D.Â
All persons other than residents served by the curbside
collection program established pursuant to this section shall source
separate all designated recyclables upon receiving notice from the
municipality and shall place said recyclables for collection at a
place, in a manner and at such times as designated by the municipality
in said notice.
All recyclables placed at the curb or roadside by residents for collection pursuant to the curbside program established pursuant to § 252-46 of this article shall be prepared for collection in accordance with the following:
A.Â
All paper shall be placed in paper bags or tied in
bundles not exceeding 35 pounds in weight nor exceeding one foot in
thickness.
B.Â
Glass and plastic containers shall have caps and lids
removed.
C.Â
Glass, cans and plastics shall be rinsed free of contaminants.
D.Â
Cans and plastics shall be crushed, if possible.
E.Â
Glass, cans and plastics shall be placed in a container
to be provided by the municipality. Plastic garbage bags shall not
be utilized as containers for glass, cans or plastics.
F.Â
No material shall be placed at the curb or roadside
earlier than sundown of the evening of the day preceding a scheduled
collection day. Material must be placed at the curb or roadside by
7:00 a.m. on the scheduled collection day. The bundled paper and the
container of glass, cans and plastics shall be placed at the curb
or roadside for collection adjacent to one another and clearly separated
from containers of solid wastes.
A.Â
All persons within this municipality who are not residents and who are not served by the curbside program established pursuant to § 252-46 of this article shall source-separate and arrange for the collection of all designated recyclables by a set date upon which the municipality publishes in a newspaper of general circulation within the municipality or upon which the municipality notifies said persons by letter.
B.Â
Designated recyclables for the mandatory commercial,
municipal and institutional source-separation program shall consist
of the following material:
(1)Â
High-grade paper, including and limited to white letterhead
paper, white bond paper, white typing paper, white copier paper, white
pad paper, white writing paper, white envelopes without glassine windows,
other nonglossy white office paper without plastics, computer printout
paper, manila folders, computer tab cards, and white onion skin paper;
(2)Â
Corrugated cardboard;
(3)Â
Glass, cans and plastics generated by food and beverage
service establishments; and
(4)Â
Other recyclable materials as designated by the municipality
at all times 30 days after said designation and publication of notice
in a newspaper of general circulation within the municipality or notification
by municipality.
C.Â
The arrangement for collection of designated recyclables
for disposition hereunder shall be the responsibility of the person
who generated the recyclables ("generator") or the person contractually
obligated to the generator to arrange for collection and disposal
of its solid waste. Said arrangements may include, without limitation,
direct marketing of recyclables, delivery to a dropoff, contracts
with solid waste collector/haulers for separate collection of any
or all designated recyclables, contracts with other persons for separate
collection of any or all designated recyclables.
D.Â
Any commercial or institutional establishment shall
be exempted from the requirements of this article if a recycling program
already exists within the establishment that is consistent with Act
1988-101,[1] and provided that they submit to the municipality a quarterly
report of the total tons of material recycled.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A.Â
No person shall dispose of leaves, arrange for the
disposal of leaves or cause leaves to be disposed at any solid waste
facility other than a composting facility.
B.Â
All persons who gather leaves and who are served by
a municipal program for separate collection of leaves shall source-separate
all leaves and place them for collection at the times and in the manner
heretofore or hereafter prescribed by the municipality.
C.Â
All persons who gather leaves and who are not served
by a municipal program for separate collection of leaves shall arrange
for the separate disposal or processing of leaves at a composting
facility or an agricultural, horticultural, silviculture or other
commercial operation which processes or utilizes leaves for compost,
mulch or other beneficial uses.
D.Â
Nothing herein shall require any person to gather
leaves or prevent any person from utilizing leaves for compost, mulch
or other agricultural, horticultural, silvicultural, gardening or
landscaping purposes.
The municipality shall establish and sustain
a comprehensive Public Information and Education Program explaining
the features and requirements of the program. The municipality shall
at a minimum give at least 30 days' public notice prior to the initiation
of the recycling program and provide periodic public notice every
six months thereafter to all persons occupying residential, commercial,
institutional and municipal premises within its boundaries of the
requirements of this article.
A.Â
It shall be unlawful for:
(1)Â
Any person other than municipality or another person
authorized by the municipality to collect any designated recyclable
which has been placed at the curb or roadside for collection or within
a recycling dropoff pursuant to this article;
(2)Â
Any person to violate or to cause or to assist in
the violation of any provision of this article;
(3)Â
Any person to place or to cause to be placed any material
other than a designated recyclable in or near a recycling dropoff;
(4)Â
Any person to hinder, to obstruct, to prevent or to
interfere with this municipality, or their personnel, in the performance
of any duty under this article or in the enforcement of this article.
This municipality or any other person collecting
solid waste generated within this municipality may refuse to collect
solid waste from any person who has clearly failed to source-separate
recyclables designated under an applicable section of this article.
Notwithstanding anything herein to the contrary,
any resident of the municipality may donate or sell any recyclable
to any other person, whether operating for a profit or not for profit;
provided, however, that the person receiving the recyclable shall
not under any circumstances collect the donated or sold material from
the curb or roadside or from a recycling dropoff without prior written
permission from this municipality for such collection.
A.Â
Nothing contained in this article shall be constructed
to interfere with or in any way modify the provision of any existing
contract which is in force in the municipality on the effective date
of this article.
B.Â
No renewal of any existing contract upon the expiration
of the original term thereof and no new contract for the collection,
transportation, processing or purchase of solid waste or recyclables
shall be entered into after the effective date of this article, unless
such renewal or such contract shall conform to the requirements of
this article.
A.Â
Any person engaging in unlawful conduct as designated
in this article shall, upon conviction thereof, be punishable by a
fine of not more than $1,000, plus costs of prosecution, and in default
of payment of such fine and costs by imprisonment for not more than
30 days.
[Amended 6-12-2000 by Ord. No. 2000-10]
B.Â
Each continuing day of violation of this article shall
constitute a separate offense.
A.Â
In addition to any other remedy provided in this article, this municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article. In addition to an injunction, the court may impose penalties as authorized by § 252-55 hereof.
B.Â
The penalties and remedies prescribed by this article
shall be deemed concurrent. The existence or exercise of any remedy
shall not prevent this municipality from exercising any other remedy
provided by this article or otherwise provided at law or equity.
The terms and provisions of this article are
to be literally construed, so as best to achieve and to effectuate
the goals and purposes hereof.
