[Adopted 10-11-1990 by Ord. No. 494 (Ch. 20, Part 4, of the 1987 Code of Ordinances)]
The short title of this article shall be the "Township of Upper Chichester Recycling Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Empty aluminum beverage and food containers.
BI-METALLIC 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.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
CURBSIDE RECYCLING COLLECTION
The scheduled collection and transportation of recyclable materials placed at the curbline by residents.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic product.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people such as hospitals, public and private schools, churches, 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.
MULTIFAMILY HOUSING PROPERTIES
Any properties having more than four dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the municipality and other governmental and quasi-governmental authorities, including public and private schools.
NEWSPAPERS
The paper of 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, however, are newspapers that have been soiled.
PERSON(S)
Owners, lessors, and occupants of residences.
RECYCLABLE MATERIALS
Those materials specified by the municipality to be recycled. This list of materials is specified in the recycling regulations adopted pursuant to this article and may be revised from time to time as deemed necessary by the municipality.
RECYCLING REGULATIONS
Those rules and directives established by resolution by the Board of Commissioners from time to time as revised or amended.
RESIDENCE
Any occupied single or multifamily dwelling fronting on a public street having up to four dwelling units per structure.
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.
There is hereby established a program for the mandatory separation of recyclable materials from solid waste of all persons within the Township of Upper Chichester hereinafter referred to as the "municipality."
[Amended 5-14-1992 by Ord. No. 494A]
A. 
Recyclable material shall be placed at the curbside separate from solid waste for collection at such times and dates as may be hereinafter established by regulation.
(1) 
The Board of Commissioners shall, from time to time, by resolution determine which recyclable materials, from among the recyclable allowed or required by law to be recycled as shall be collected in the Township.
(2) 
Such recyclables, determined as aforesaid, shall be placed at the curbside separated from solid waste for collection at such times and such dates as may be hereinafter established by resolution of the Board of Commissioners.
(3) 
All resolutions enacted pursuant to this section shall refer to the same and shall contain separate determinations for residential recycling and as one category and separate determinations for commercial, institutional and municipal establishments as a separate and distinct category.
B. 
The Commissioners shall give such notice as they determine to be appropriate from time to time with regard to the items which must be recycled by the various categories.
Any commercial, institutional or residential living group or unit utilizing private trash pickup or any commercial, institutional or multifamily property utilizing Township personnel for trash pickup as of the date of the passage of this article shall be required to provide for the private pickup and disposal of all recyclables pursuant to the terms of this article and the recycling regulations. Any private vendor who shall pick up and dispose of recyclables within the Township must register with the Township Offices on an annual basis, setting forth the name of the vendor, address of the vendor, and those properties which the vendor will be servicing. It is further required that all vendors must provide a written report to the Township on a quarterly basis setting forth the tonnage of all recyclable collected within the Township.
It shall be unlawful to dispose of leaf waste from any property in the Township with residential, commercial, or institutional waste. Only residential leaf waste will be collected by the Township.
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 not registered by the Township to collect or pickup 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.
The municipality is authorized and directed to enforce this article. The same is hereby authorized and directed to establish and promulgate recycling regulations as to the manner, days, and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this article. The municipality may change, modify, repeal or amend any portion of said rules and regulations at any time.
A. 
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this article or any regulation thereof, shall be punishable by a fine not to exceed $25 upon a first conviction; $50 upon a second conviction; and $100 upon a third or subsequent conviction.
B. 
The above items shall not be applicable to a conviction for § 484-27 hereof which shall be punishable by a fine not to exceed $300.
C. 
No enforcement of §§ 484-24 and 484-25 shall be made until three months from the effective date of regulations authorized to be promulgated hereunder.
No person 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.
The municipality may enter into an agreement with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.
Any person may donate or sell recyclable materials to individuals or organizations authorized by the municipality in its recycling regulations. These materials must either be delivered to the individual's or organization's site or they may be placed at curbside for collection by said individual or organization on days not indicated as recyclable material collection days by the municipality. Said individuals or organizations may not collect recyclable materials on or immediately preceding (within 24 hours) a regularly scheduled curbside collection day.