[Adopted 12-7-1995 by Ord. No. 1245 as Ch. 1064 of the 1995 Code]
The Borough hereby establishes a program for reduction of the amount of solid waste and for conservation of recyclable materials by the separation and collection for recycling of used newspaper, paper, cardboard, glass, cans and leaf waste from residential, commercial and institutional establishments in the municipality.
This article is adopted pursuant to Section 1501 of Act 1988-101,[1] approved July 28, 1988, by the Governor of the State of Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Amended 8-1-1996 by Ord. No. 1248]
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM
The lightweight ductile and malleable metallic substance or element commonly known as aluminum food and beverage cans. This description does not include aluminum foil, trays and plates and miscellaneous aluminum products.
APARTMENT COMPLEX
Four or more units located on a single property or contiguous properties under common ownership or management. For this purpose, "apartment" means 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.
BIMETALLIC
Containing two or more metallic materials.
CANS
Containers comprised of aluminum, tin, steel or a combination thereof, which contain or formerly contained only nonaerosol substances.
CARDBOARD
All corrugated or other cardboard normally used for packing, mailing, shipping or containing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled cardboard.
COMMINGLED
Source-separated, nonputrescible, recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).
COUNTY
The County of Delaware, State of Pennsylvania.
COUNTY PLAN
The District Solid Waste Management Plan for Delaware County as approved by the Pennsylvania Department of Environmental Protection.
GENERAL REFUSE
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.
GLASS
The hard, brittle, transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda, lime and/or other chemical and substances usually or conveniently included in the manufacture of glass, and shall include all materials commonly known as glass bottles or containers. This definition also includes all food and beverage containers made of glass of one gallon or less capacity, but excludes blue glass, ceramics, pottery and flat glass commonly known as "window" or "plate" glass.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
MUNICIPALITY
The Borough of Yeadon located within the County of Delaware, State of Pennsylvania.
MUNICIPAL RECYCLING PLAN
The recycling plan developed by and for the 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.
NEWSPAPER and NEWSPRINT
Paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. Magazines and periodicals, as well as all other paper products of any nature, are not considered newspaper.
PAPER
All newspaper, high-grade office paper, fine paper, bond paper, office paper, xerographic paper, duplication paper, computer paper and similar cellulosic material, but excludes wax paper, plastic or foil-coated paper, envelopes with glassing windows, carbon paper, blueprint paper, food-contaminated paper, soiled paper, magazines, catalogs, junk mail, telephone books and cardboard.
PERSON
Any individual, firm, partnership, corporation, association, cooperative enterprise, municipality, municipal authority, the federal government or any of its agencies, a state institution or agency or any 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 combination of the foregoing, the term "person" includes the officers and directors of any corporation or other legal entity having officers and directors.
PUBLIC AWARENESS PROGRAM
A program developed and provided by the municipality to inform and encourage residents to use the recycling collection services.
RECYCLABLE MATERIALS
All paper, glass, metal cans (aluminum, steel, bimetallic) as defined herein and/or other such material as may be defined by the municipality.
RECYCLING
Any process by which materials, 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.
RECYCLING COLLECTION SERVICES
Those services to be performed by a contractor as follows:
A. 
The collection of recyclable materials from locations within the municipality;
B. 
The processing of recyclable materials as applicable; and
C. 
The marketing of recyclable materials.
RECYCLING CONTAINER
Approximately a twenty-five-gallon container with a lid made of rigid plastic construction, provided by the municipality for the storage of recyclable materials.
RECYCLING DROPOFF
Any facility designed and operated solely for the receiving and storing of source-separated nonputrescible metal, glass, paper, plastic containers and cardboard.
RESIDENT
Any human being residing within the municipality on a temporary or permanent basis, but excludes persons residing in hotels or motels.
SOLID WASTE
Waste, including, but not limited to, municipal, commercial, institutional or industrial waste.
SOURCE SEPARATE
To separate recyclable materials from the solid waste stream at the point of waste generation.
STEEL
Ferrous metal food or beverage containers commonly known as "tin cans."
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A. 
There is hereby established, within the area of the municipality comprising the entire corporate limits, a curbside program for separate collection of paper, glass and cans from all residents of the municipality located within said area and from all other persons, including commercial or institutional establishments, within said area, whose solid waste is collected by or on behalf of the municipality.
B. 
Collection of recyclable materials pursuant to this section shall be made once a week, except in cases where the collection day falls on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day. Collection shall occur in accordance with a schedule of recycling collection areas and dates to be publicly advertised by the municipality.[1]
[1]
Editor's Note: Original Subsections (c) through (e), which immediately followed this subsection, were repealed 8-1-1996 by Ord. No. 1248. See § 261-28.
All recyclables placed at the roadside by residents for collection pursuant to the curbside program established in § 261-26 shall be prepared for collection in accordance with the following:
A. 
All paper shall be placed in paper bags or tied in bundles not exceeding 35 pounds in weight nor one foot in thickness.
B. 
Glass containers shall have caps and lids removed.
C. 
Glass and cans shall be rinsed free of contaminants.
D. 
Glass and cans shall be placed in a container to be provided by the municipality. Plastic garbage bags shall not be utilized as containers for glass or cans.
E. 
No material shall be placed at the roadside earlier than the evening of the day preceding a scheduled collection day. Material must be placed at the roadside by 7:00 a.m. on the scheduled collection day. The bundled paper and the container of glass and cans shall be placed at the roadside for collection adjacent to one another and clearly separated from containers of solid waste.
[Added 8-1-1996 by Ord. No. 1248]
A. 
Residents provided with municipal waste collection services implemented by the Borough shall be required to separate from other waste placed for collection the following recyclable items:
(1) 
Commingled items such as glass (clear or colored), food or beverage containers, aluminum, steel and bimetallic cans and plastic food or beverage containers;
(2) 
Newspaper and/or newsprint; and
(3) 
Leaf waste, including loose-leaf waste pickups at curbside for Borough refuse system participants between October 15 and December 6. Pickups will be scheduled to coincide with the Borough street-sweeping schedule during this period.
B. 
Residents, commercial businesses and institutions not provided with municipal waste collection services implemented by the Borough shall be required to separate from other waste placed for collection the following recyclable items:
(1) 
Leaf waste; and
(2) 
At least three items generated at their dwelling units, chosen from the following: glass (clear or colored), food or beverage containers, aluminum, steel and bimetallic cans, high-grade office paper, newspaper and/or newsprint, corrugated paper and plastic food or beverage containers.
C. 
An owner or landlord or agent of an owner or landlord of a multiunit residential, commercial, institutional or industrial property and any condominium, planned residential development or cluster development, where such complex is comprised of four or more units, shall establish a collection system for recyclable materials at such complex. The collection system must include suitable containers for the collection and separation of materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
D. 
Hazardous waste, hazardous waste containers and improper recyclables shall not be placed for pickup with recyclable items. It is the responsibility of the person required to separate recyclable items to arrange for the disposition of hazardous waste as required by law and the provisions of this article.
E. 
An owner or landlord or agent for an owner or landlord of a commercial, institutional or industrial establishment or residential dwelling not receiving recycled waste collection services from the Borough shall annually report to the Department of Public Works the total number of tons of municipal waste which have been recycled in the previous year, on a form and in such time and manner as prescribed by the Borough for such purpose. Such owner, landlord or agent shall have a written contract with the person providing recycled waste collection services and shall make it available to the Public Works Department, together with such other evidence or information as the Borough deems appropriate to confirm the information reported.[1]
[1]
Editor's Note: Original § 1064.06, Mandatory source separation program for commercial, municipal and institutional establishments, which immediately followed this subsection, was repealed 8-1-1996 by Ord. No. 1248. See § 261-28.
A. 
No person shall dispose of leaves, arrange for the disposal of leaves or cause leaves to be disposed of at any solid waste facility other than a composting facility.
B. 
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. 
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, silvicultural or other commercial operation which processes or utilizes leaves for compost, mulch or other beneficial uses.
D. 
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 recycling 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 of the requirements of the program every six months thereafter to all persons occupying residential, commercial, institutional and municipal premises within its boundaries.
A. 
No person shall:
(1) 
Other than the municipality or another person authorized by the municipality, collect any designated recyclable which has been placed at the roadside for collection or within a recycling dropoff pursuant to this article;
(2) 
Violate or cause or assist in the violation of any provision of this article;
(3) 
Place or cause to be placed any material other than a designated recyclable in or near a recycling dropoff;
(4) 
Hinder, obstruct, prevent or interfere with the municipality or its personnel in the performance of any duty under this article or in the enforcement of this article.
B. 
All unlawful conduct set forth in Subsection A hereof shall constitute a public nuisance.
The municipality, or any other person collecting solid waste generated within the 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 in this article to the contrary, any resident of the municipality may donate or sell any recyclable to any other person, whether operating for 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 roadside or from a recycling dropoff without prior written permission from the municipality for such collection.
A. 
Nothing contained in this article shall be construed to interfere with or in any way modify the provisions of any existing contract which is in force in the municipality on the effective date of this article.
B. 
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. 
In addition to any other remedy provided in this article, the municipality may institute a suit in equity, where unlawful conduct or a public nuisance exists, for an injunction to restrain a violation of this article. In addition to an injunction, the court may impose penalties as authorized by § 261-37.
B. 
The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the municipality from availing itself of any other remedy provided in this article or otherwise provided at law or in equity.
The terms and provisions of this article are to be liberally construed so as best to achieve and effectuate the goals and purposes hereof.
Whoever violates or fails to comply with any of the provisions of this article shall be fined not less than $25 nor more than $1,000 or imprisoned in the county jail for not more than 90 days, or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.