[Adopted 6-4-1991 by Ord. No. 179]
The following words and phrases, when used in this article, shall have the meanings given to them in this section unless the context clearly indicates otherwise:
- ALUMINUM CANS
- Empty all-aluminum beverage and food containers.
- BIMETALLIC CONTAINERS
- Empty food or beverage containers of steel and aluminum.
- The legal owner, occupant or lessee of a commercial, industrial or cooperative enterprise, firm, partnership, corporation, association, institution or trust or a governmental entity that engages in any form of business or governmental activity which does not have curbside collection of municipal waste.
- COMMERCIAL ESTABLISHMENT
- Those properties used primarily for commercial or industrial purposes and those multiple dwelling residential buildings containing more than three dwelling units.
- COMMUNITY ACTIVITIES
- Events that are sponsored by public or private agencies or individuals, that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
- CORRUGATED PAPER
- Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
- The Pennsylvania Department of Environmental Protection.
- FERROUS CONTAINERS
- Empty steel or tin-coated steel food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear glass. Excluded are brown and green glass, plate glass, automotive glass, blue glass and porcelain and ceramic products.
- GRASS CLIPPINGS
- The material bagged or raked during or after cutting of a lawn, field or similar grassed area.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
- HOUSEHOLD HAZARDOUS WASTE
- Small quantities of hazardous waste (as defined by Act 97) available to a person or entity on a retail basis, such as pesticides, certain paints, aerosol cans and fertilizers.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, such as churches, hospitals, schools, day-care centers and nursing homes.
- Any individual or organizational owner who rents and/or leases residential units, commercial space or industrial complexes. Landlords own the properties in question and deal directly with their tenants or lessees.
- LEAD-ACID BATTERIES
- Includes but shall not be limited to automotive, truck and industrial batteries that contain lead.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residue, shrubbery and tree trimmings, but not including grass clippings.
- MAGAZINES AND PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
- MIXED PAPER
- All types of paper combinations, such as colored paper, carbonless forms, ledger paper, colored paper envelopes, mixtures of high-grade office paper, and the like.
- MULTI-FAMILY HOUSING PROPERTIES
- Any properties having four or more dwelling units per structure, and shall include all residential properties under condominium ownership.
- MUNICIPAL ESTABLISHMENTS
- Public facilities operated by the municipality and other governmental and quasi-governmental authorities, including school facilities.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous materials, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of the term "residual or hazardous waste" in Act 97 from a municipal, commercial or institutional water-supply treatment plant, MULTIFAMILY treatment plant or air-pollution control facility. The term does not include source-separated recyclable materials.
- Paper of the type commonly used as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are glossy advertising inserts often included with newspapers.
- NONCURBSIDE RESIDENT(S)
- Residents of a multifamily residential unit where provision is made to collect and dispose of waste through collective dumpsters.
- Owners, lessees and occupants of residences or commercial or institutional establishments.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastics which may be recycled.
- PRIVATE HAULER
- Any registered private hauler collecting, removing, or transporting
solid waste and recyclable materials to a processing center or as
otherwise disposed.[Amended 9-1-2015 by Ord. No. 368]
- RECYCLABLE MATERIALS
- Source-separated recyclable materials, including materials listed in Section 1501 of Act 101 of 1988 (the Pennsylvania Municipal Waste Recycling, Planning and Waste Reduction Act), and materials identified by the municipality to be recycled.
- The legal owner, occupant or lessee of a single-family residential unit in Concord Township that has curbside collection of municipal wastes or of any other type of multifamily residential unit, including but not limited to townhomes, duplexes, condominiums and apartments whose multifamily unit has curbside recycling of municipal waste. Also classified as "resident" will be any business professional who operates a low-scale profession from his/her personal residence.
- RESIDENTIAL DWELLINGS
- Any occupied single- or two-family dwelling located within the Township.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- The Township of Concord, Delaware County, Pennsylvania.
- A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Department of Environmental Protection for beneficial use.
The Township of Concord hereby establishes a resource recovery program for the mandatory separation and collection of municipal solid waste from all persons, residences and commercial and institutional establishments in the Township. Collection of the materials to be recycled shall be made at least twice monthly by licensed private haulers and delivered to an approved recycling facility for processing and disposal. The program shall include a sustained public information and education program by the Township pursuant to the provisions of Act 101 of 1988.
The Manager of the Township of Concord or his designated agent is hereby authorized and empowered to establish and promulgate regulations on the manner, days and times of collection of recyclable materials and the bundling, handling, location and time of placement of such materials for collection and regulations governing composting.
Any person or the occupant or owner of any residential dwelling within the Township who shall place for disposal, removal or collection the following named items shall do so in strict conformity with the following requirements, in addition to any other applicable regulations:
Clear glass and aluminum cans shall be kept separate from other refuse and recyclables and from each other and shall be collected by a licensed private hauler. Individual household units shall separate and prepare these materials for collection in the manner prescribed by regulations and shall thereafter place these materials in separate containers, as hereinafter prescribed, to be placed at the curbside to be collected at least twice monthly by a licensed private hauler.
Newspapers shall be kept separate from other refuse and recyclables and shall be collected by a licensed private hauler. Individual household units shall separate and handle materials for collection in the manner prescribed by regulation and shall thereafter place these materials by the curbside to be collected at least twice monthly by a licensed private hauler.
Leaf/garden waste (compostable materials, excluding grass clippings) shall be kept separate from other refuse and recyclables and shall be composted on the property or transported to an off-site compost facility.
The owners and occupants of multifamily housing properties shall establish a program for the separation, storage and collection of recyclables in accordance with the requirements of Act 101 of 1988, and shall make private arrangements with a licensed private hauler. As a minimum, the recyclable materials to be separated shall include clear glass, aluminum cans and newspapers.
The owners and occupants of commercial, municipal and institutional establishments shall establish a program for the separation, storage and collection of recyclables in accordance with the requirements of Act 101 of 1988. As a minimum, the recyclable materials to be separated shall include high-grade office paper, clear glass, aluminum cans, newspapers and corrugated paper.
All receptacles for recyclable materials required herein from residential dwellings shall be supplied by the Township to the occupant or owner of the premises and placed prior to collection at the curbside where they shall be readily accessible to the collector. The occupant or owner shall keep all receptacles clean and in good condition for safe handling. Receptacles or other items to be disposed of shall be placed outside after 6:00 p.m. of the day immediately preceding the day of collection. After collection, any empty containers shall be moved from curbside promptly but not later than 7:00 p.m. of the day of collection.
Compulsory separation. Clear glass, aluminum cans and newspapers which are prepared for recycling, as defined in this article, shall not be intermingled or otherwise mixed with other forms of solid waste. The Township/registered private hauler reserves the right to refuse to collect from individual household units recyclable materials which are intermingled with nonrecyclable materials.
[Amended 9-1-2015 by Ord. No. 368]
Composting. Leaf/garden waste (compostable materials, excluding grass clippings) shall be kept separate from other refuse and recyclables and shall be composted on the property or transported to an off-site compost facility.
[Amended 9-1-2015 by Ord. No. 368]
All recyclable solid waste placed by any person for collection by a registered private hauler pursuant to this article and any regulations hereunder shall become the property of the registered private hauler at the time of placement at the curbside and shall remain the property of the registered private hauler until accepted by an approved recycling facility.
Any person may donate or sell municipal solid waste 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 materials from the collection point of a residence.
[Amended 1-5-1991 by Ord. No. 221; 9-1-2015 by Ord. No. 368]
Pursuant to the registration requirements established by Article II, Registration of Collectors, § 142-17, all private haulers collecting solid waste and recyclable materials shall obtain an annual registration from the Township. Said annual registration fee shall be established from time to time by the Township by resolution.
[Amended 9-1-2015 by Ord. No. 368]
All duly registered private haulers shall keep records of the quantities of solid waste and recyclable materials collected in the Township. The records shall include the weight of the total quantities of solid waste materials and recyclable materials and other information as required by the Township to fulfill the Township's responsibility to make accurate and timely reports to the DEP or any other governmental agency of the Commonwealth of Pennsylvania or federal government. Written reports shall be provided to the Township on report forms provided by the Township and shall be submitted quarterly, received by the Township not later than the 20th day of the month following the end of the previous quarter or three-month period.
[Amended 12-3-1996 by Ord. No. 206]
Any person who shall violate any provision of this article or who permits the violation of any provision of this article shall pay a fine of $600.
Each violation for each separate day and each violation of any provision of this article shall constitute a separate and distinct violation.
Any person who violates or permits the violation of any provision of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by Concord Township, pay the fine prescribed by this article, plus all court costs, including reasonable attorney fees, incurred by Concord Township.
General rule. Nothing in this article shall be construed to interfere with or in any way modify the provisions of any contract for municipal waste disposal, processing or collection in force in the Township upon the effective date of this article.
Renewals. No renewal of any existing contract upon the expiration or termination of the original term thereof and no new contract for municipal waste disposal, processing or collection shall be entered into after the effective date of this article unless such renewal or such contract shall conform to the applicable provisions of this article.