[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. 
Instituting a comprehensive solid waste management program.
B. 
Establishing a mandatory recycling program pursuant to the requirements of Act 101 of the Pennsylvania General Assembly, known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," and amendments thereto.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
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.
ALUMINUM CANS
Empty, nonaerosol, all-aluminum beverage and food containers, excluding products such as pie pans and aluminum foil.
BIMETALLIC CANS
Empty, nonaerosol steel or tin-coated steel food and beverage containers.
BULK WASTE
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.
CLEAN PAPER PRODUCTS
Newspaper, magazines and periodicals, high-grade office paper, corrugated paper, junk mail, telephone books and paperback books.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than six dwelling units.
COMMINGLED RECYCLABLES
Glass, aluminum cans, bimetallic and ferrous cans and plastic bottles.
CONSTRUCTION AND DEMOLITION WASTE
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.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
DWELLING UNIT
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.
GLASS
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.
GRASS
The low green herbage of pastureland and lawns.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Facilities that house or serve groups of people such as hospitals, nursing homes, public and private schools and universities.
LEAVES
The thin outgrowth of a twig or branch, usually green in color and consisting of a broad blade and a stalk.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals.
MULTIFAMILY PROPERTIES
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.
NEWSPAPER
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.
PERSON
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.
PLASTIC BOTTLES
Empty consumer product bottles made of polyethylene terephaliate (PET) and high-density polyethylene (HDPE), such as soft drink bottles and milk and bleach bottles.
RECYCLABLES/RECYCLABLE MATERIALS
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.
RECYCLING
The program or system of separation, collection, processing, recovery or reuse of recyclables.
REFUSE
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."
RESIDENTIAL DWELLINGS
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.
TOWNSHIP
The governmental jurisdiction and legal entity of the Township of Radnor, Delaware County, Pennsylvania.
YARD WASTE
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. 
All residential refuse and recyclables accumulated in the Township of Radnor shall be collected, conveyed and disposed of by the Township.
B. 
It shall be unlawful for any person to dispose of any refuse within the Township of Radnor.
C. 
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. 
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. 
Precollection practices.
(1) 
Preparation of material.
(a) 
All material, before being placed in refuse or recycling containers for collection, shall be drained and free from liquids.
(b) 
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) 
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) 
Grass clippings shall not be collected.
(e) 
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) 
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) 
Containers.
(a) 
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) 
Recycling containers shall be durable plastic containers with lids, which shall be distributed by the Township.
(c) 
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) 
Storage.
(a) 
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) 
The Township may refuse to collect unreasonable accumulations of refuse or materials improperly stored.
(c) 
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) 
The Township shall designate the type of refuse collection containers at multifamily properties which exceed 10 units.
B. 
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. 
Reporting requirement for licensed haulers.
(1) 
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) 
It shall be unlawful for any waste collector to collect or transport recyclables or refuse without written permission from the Township.
A. 
General. The Township will provide open-truck refuse collections to residential dwellings within the Township for bulk waste, for a fee.
B. 
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. 
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. 
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. 
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. 
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. 
Residential recycling.
(1) 
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) 
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) 
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. 
Commercial and institutional recycling.
(1) 
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) 
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. 
Multifamily properties recycling.
(1) 
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) 
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) 
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. 
Unauthorized collection.
(1) 
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) 
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.