[Adopted 5-14-1990 by Ord. No. 1990-1]
A. 
As used in this article, words in the singular include the plural, and those in the plural include the singular. Words in the present tense include the future tense; words used in the masculine gender include the feminine and neuter. The word "person" may include corporation, unincorporated association and partnership, as well as an individual.
B. 
The following words, as used in this article, shall have the meanings indicated below:
ALUMINUM CANS
Empty all-aluminum beverage and food containers, excluding products such as pie pans and aluminum foil.
BIMETALLIC CANS
Empty food or beverage cans consisting of steel and aluminum.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than four 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.
FERROUS CONTAINERS
Empty steel or tin-coated steel food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded are plate glass, light bulbs, automotive glass, blue glass, porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such as hospitals, public and private schools, day-care centers and nursing homes.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue, chipped 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, but not newsprint.
MULTIFAMILY HOUSING PROPERTIES
Rental properties having more than four dwelling units within the exterior walls of a single building regardless of whether fire walls separate the dwelling units, if owned and operated by a single owner/operator.
[Amended 11-12-1990 by Ord. No. 1990-6]
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the municipality and other governmental and quasi-governmental authorities, including public and private schools.
NEWSPAPERS
Paper of the type commonly referred to 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, magazines, telephone directories and periodicals.
PERSON(S)
Owners, lessees and occupants of residences, commercial or institutional establishments.
RECYCLABLE MATERIALS
Source-separated recyclable materials, including, at a minimum, materials listed in § 1501 of Act 101[1] and materials identified by the Township by resolution to be recycled.
RESIDENTIAL DWELLINGS
Single-family or multifamily dwellings having four dwelling units or fewer within the exterior walls of the building, separately owned or maintained.
[Amended 11-12-1990 by Ord. No. 1990-6]
TOWNSHIP
The Township of Newtown, Delaware County, Pennsylvania.
WASTE
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 for beneficial use.
[1]
Editor's Note: Act 101 refers to the Municipal Waste Planning, Recycling and Waste Reduction Act. See 53 P.S. § 4000.101 et seq.
There is hereby established a recycling program for the mandatory separating of recyclables from garbage and rubbish in the Township of Newtown. The Township Board of Supervisors or its agent is empowered to designate the day(s) of the month on which recyclables shall be collected, removed and disposed of from a particular area of the Township.
A. 
Residential dwellings. Effective May 1, 1990, all persons occupying residential dwellings shall, unless exempted, separate aluminum cans, bimetallic, ferrous and glass containers and newspapers from other waste generated at their residential dwellings and store such material until collection by the Township or its agent. Recyclables shall be placed at the curb to be collected at times designated by the Township. The Township may, by resolution, designate other materials from residential dwellings to be separated from waste.
B. 
Commercial, industrial and municipal establishments.
(1) 
Effective September 1, 1990, all persons shall separate from the waste stream high-grade office paper, aluminum, corrugated paper and leaf waste generated at commercial, municipal or institutional establishments and from community activities and shall store the materials until collection. The Township may, by resolution, designate other materials generated at commercial, municipal or institutional establishments to be separated from waste. Commercial, municipal or institutional establishments shall provide written documentation to the Township of the total number of tons recycled and the total number of tons of waste generated annually.
(2) 
Persons occupying commercial, institutional and municipal establishments shall be exempt from the requirements of this article if those persons have otherwise provided for the recycling of materials required by this article to recycle, if they so inform the Township prior to September 1, 1990. To be eligible for an exemption, a commercial or industrial solid waste generator must annually provide written documentation to the Township of the total number of tons recycled and the total number of tons of waste generated annually. An exempt person may give up an exemption at any time upon 10 days' notice to the Township, but shall be liable for compliance until such date on a prorated basis.
C. 
Multifamily housing properties.
(1) 
Effective September 1, 1990, an owner, landlord or agent of an owner or a landlord of multifamily rental housing units of four or more units shall separate aluminum cans, bimetallic, ferrous and glass containers and newspapers from other waste and provide a collection system for these recyclable materials at each property. The collection system must include suitable containers for collecting and sorting material, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this section shall not be liable for the noncompliance of occupants of their buildings.
(2) 
Owners, landlords or agents of owners or a landlord of four-family or more multifamily residential housing units shall advise the Township of their plan prior to September 1, 1990, and annually provide written documentation to the Township of the total number of tons recycled annually and the total number of tons of waste generated annually by October 31 of each year.
It shall be unlawful to dispose of leaf waste from any property in the Township with residential, commercial or institutional waste.
A. 
Recyclables shall become the property of the Township or its authorized agent from the time of placement of recyclables at the curb. It shall be a violation of this article for any person unauthorized by the Township to collect or pick up or cause to be picked up or collected 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.
B. 
It shall be unlawful for a person to collect, remove or dispose of waste which contains recyclables.
Recycling operations in existence on the date this article was approved may continue, provided that this article shall control if there is any inconsistency. Persons operating recycling operations in the Township shall be required to obtain a permit from the Township.
No persons shall dispose of recyclables with ordinary municipal waste. Recyclables shall be taken to a recycling facility. It shall be a violation of this article to dispose of recyclables in landfills or incinerators except with the written permission of the Township.
A. 
Private refuse collection firms registered under Article II of this chapter shall, as a requirement of licensing, provide to the Township on an annual basis the amount of waste collected in the Township.
B. 
It shall be unlawful for any waste collector to collect, remove or transport recyclables without written permission from the Township.
[Amended 4-24-1995 by Ord. No. 1995-2]
Any person, partnership or corporation who or which shall violate the provisions of this article shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $1,000. In default of such payment of the fine, such person, the responsible members or officers of such partnership or the officers of such corporation shall be imprisoned for not more than 30 days in the county jail. Each day's continuance of a violation of this article shall constitute a separate offense.