[HISTORY: Adopted by the Council of the Borough of Lansdale
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 250.
[Adopted 6-19-2013 by Ord. No. 2013-1840]
This article shall be known as the "Municipal Recycling Ordinance."
A.
ACT 101
ACT 97
ALUMINUM
BIMETAL CANS
BOROUGH
BOXBOARD
BULK WASTE
COMMINGLED
COMPOSTING
CORRUGATED PAPER
CURBSIDE
DEP
GLASS
GRASS CLIPPINGS
HIGH-GRADE OFFICE PAPER
HOUSEHOLD HAZARDOUS WASTE
LEAF WASTE
MAGAZINES AND PERIODICALS
MIXED PAPER
MUNICIPAL WASTE
MUNICIPAL WASTE COLLECTOR
NEWSPAPER
PERSON OR ENTITY
PLASTIC CONTAINERS
PRIVATE HAULER
RECYCLABLE MATERIALS
RESIDENT
WHITE GOODS
As used in this article, the following terms shall have the meanings
indicated:
Municipal Waste Planning, Recycling and Waste Reduction Act
of 1988, Act of July 28, 1988, No. 101, as amended.[1]
Solid Waste Management Act, Act of July 7, 1980, P.L. 380,
No. 97, as amended, 35 P.S. § 6018.101 et seq.
Empty, all-aluminum beverage and food containers, commonly
known as "aluminum cans."
Empty food or beverage containers constructed of a mixture
of ferrous metal, usually tin or steel, and nonferrous metal, usually
aluminum.
The Borough of Lansdale, County of Montgomery, Commonwealth
of Pennsylvania.
Cereal, shoe, tissue, detergent, cracker, cookie, baking
product and frozen food boxes and similar containers, and toilet paper
and paper towel rolls and other similar items that are not treated
with laminates or wax coatings.
Larger household items incapable of being placed in appropriate
containers for disposal, including but not limited to appliances,
furniture, mattresses, tires and other such items associated with
residential uses.
Recyclables mingled or blended together, placed in the same
container.
The process of the biological decomposition of organic solid
waste being biologically decomposed under controlled anaerobic or
aerobic conditions to yield humus-like product.
Corrugated containers (commonly referred to as "OCC"), made
with structural paper material with an inner core shaped in rigid
parallel ridges and furrows, that are not contaminated by hazardous
or toxic materials and not treated with laminates or wax coatings.
That location at the edge of any lot, parcel or piece of
land adjacent to a public right-of-way or roadway, and which location
is most accessible and/or convenient to any authorized collector,
as defined by this article, for the purpose of collecting municipal
waste and/or recyclables.
The Pennsylvania Department of Environmental Protection.
Products made from silica or sand, soda ash and limestone;
the product may be transparent (clear) or colored (e.g., brown or
green) and used as a container for packaging (e.g., jars) or bottling
of various matter. Expressly excluded are noncontainer glass, window
or plate glass, light bulbs, blue glass and porcelain and ceramic
products.
Material bagged or raked during or after the cutting of a
lawn, field or similar grassed area. Leaf waste which contains grass
clippings shall be considered grass clippings.
All types of white paper, bond paper, and computer paper
used in commercial, institutional and municipal establishments and
in residences.
Small quantities of hazardous waste (as defined in Act 97)
available to a person or entity on a retail basis, such as pesticides,
certain paints, aerosol cans and fertilizers.
Leaves, garden residue, shrubbery, tree trimmings and similar
materials, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Such matter typically as a gloss or
shine added to the paper. Expressly excluded are all other paper products
of any nature whatsoever.
All types of paper combinations, such as colored paper, carbonless
forms, ledger paper, paper envelopes, mixtures of high-grade office
paper and the like.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operations of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste as defined in the Solid Waste Management Act, Act of July 7,
1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et
seq., 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.
Any person collecting or transporting municipal waste or
recyclable materials for owners or occupants of property in Lansdale
Borough and any business or institution within Lansdale Borough which
generates municipal waste or recyclable materials and uses its own
employees and equipment for the collection or transportation of municipal
waste or recyclable materials. All municipal waste collectors shall
be licensed pursuant to the provisions of this article.
Paper of the type commonly referred to as newsprint. The
term "newspaper" expressly excludes glossy advertising inserts, magazines,
glossy or other chemically coated paper, office paper and any other
paper products of any nature.
Any individual, partnership, association, corporation, institution,
cooperative enterprise, trust, municipal authority, federal government
or agency, commonwealth institution or agency or any other legal entity
whatsoever which is recognized by law as a subject of rights and duties,
in any provision of this article prescribing a fine, imprisonment
or penalty or any combination of the foregoing, the term "person"
shall include the officers and directors of any corporation or any
other legal entity having officers and directors.
Empty plastic food and beverage containers. Due to the large
variety of plastics, the recycling regulations will stipulate the
specified types of plastics that may be recycled.
A person licensed by the Commonwealth of Pennsylvania as
per the amended Title 25 (Environmental Protection), Waste Transportation
Safety Program,[2] of the Pennsylvania Consolidated Statutes, to collect,
haul, and transport recyclables. All such haulers shall comply with
the provisions of Title 25, as well as all federal, state, county
and local laws and regulations.
Those materials specified by Lansdale Borough for collection
in accordance with the article and recycling regulations which may
be promulgated from time to time. Such material may include, but shall
not be limited to, aluminum cans, clear and colored glass containers,
tin, steel and bimetallic cans, clear and colored PET rigid plastic
bottles, natural and pigmented HDPE plastic bottles and newsprint
material. The list of "recyclable materials" may be changed from time
to time by resolution of the Borough Council of Lansdale Borough.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or group whatsoever
which is recognized by law and the subject of rights and duties, which
owns, leases or occupies a property located in the Borough used as
a residence and having curbside collection of municipal waste.
Refrigerators, washing machines, clothes dryers, window air
conditioners, hot-water heaters and other major home appliances.
B.
All terms not separately defined in this article that are contained
in Act 97 and Act 101 are incorporated herein by reference.
A.
The reduction of the amount of municipal waste and conservation of
recyclable materials is an important public concern by reason of the
growing problem of municipal waste disposal and its impact on the
environment. It is the intent of this article to promote, require
and regulate recycling activities in the Borough and to protect the
health, safety and welfare of residents.
B.
This article has been developed to meet and implement municipal responsibilities
established under Act 101.
C.
The Borough's adoption of this article does not preclude the future
assignment of its responsibility as it relates to the coordination,
regulation and/or enforcement of recycling activities. Such assignment
of responsibilities will be accomplished in accordance with Section
304(c) of Act 101 and would require the Borough to enter into a written
agreement with the entity accepting such responsibilities. However,
under no circumstances will the Borough relinquish its right to select
the methodology for conducting recycling, franchising or bidding of
municipal waste collector services on a partial or community-wide
basis, or municipal waste collector services provided by a municipality.
A.
Registration of the municipal waste collectors for recycling activities
will be undertaken by the Borough.
B.
In accordance with the responsibilities set forth in this article,
the Borough is authorized to establish rules and regulations related
to the separation, collection, processing, and marketing of recyclable
materials and to enforce all such rules and regulations. The Borough
shall determine the recyclable materials to be separated by a person
or entity. The Borough may modify the list of recyclable materials
to be separated by a person or entity.
C.
The Borough shall, in conjunction with the municipal waste collectors,
be responsible for establishing an education program and together
shall conduct and maintain a comprehensive public information program
as follows:
(1)
The Borough shall include articles and information on recycling requirements
and activities within regular newsletters or mailings to residents
and businesses in the community at least once per year.
D.
The municipal waste collectors shall be responsible for obtaining
all weight and volume quantity data. Said data shall be supplied to
the Borough on an annual basis and shall be supplied to the Borough
by January 31 for the preceding year, so that the Borough may submit
reports in accordance with Act 101 and other applicable laws and submit
applications for recycling performance grants.
E.
Residents may use recycling containers other than those obtained
from the Borough or hauler, provided said recycling containers are
appropriately labeled or otherwise identified as containers for recyclable
materials.
F.
Each person or entity in the Borough, as required by Act 101, shall
be responsible for complying with the requirements of this article
for the separation of recyclable materials. This shall include tenants
and lessees occupying rented and nonowned property.
G.
Each municipal waste collector shall be responsible for complying
with the requirements of this article for the collection, processing
and marketing of recyclable materials.
H.
Owners, landlords or agents of any leased or rented property, other
than single-family type homes or single-tenant occupied property,
shall be responsible for public posting of educational information
provided by the Borough and/or municipal waste collectors, providing
appropriate recyclable material collection containers and providing
for pick up of such containers in accordance with this article. Owners,
landlords or agents of a leased or rented property occupied by a single
tenant may assign such responsibility to the tenant or lessee occupying
a property, in writing or through a lease or rental agreement.
I.
In accordance with Section 1501(c)(1)(iii) of Act 101,[1] the Borough shall exempt persons occupying commercial,
institutional and municipal establishments from the requirements of
this article if they have otherwise provided for the recycling of
materials designated by this article. To be eligible for this exemption,
the commercial, institutional or municipal waste generator must provide,
on an annual basis, written documentation to the Borough of the total
quantity of each material recycled. Said data shall be supplied to
the Borough by January 31 for the preceding year.
[1]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).
J.
Recycling containers shall be provided at all community events attended
by 200 or more people. The disposal of recyclable material collected
at these events shall be in accordance with the provisions of this
article and Act 101.
A.
Every person or entity which desires to engage in or wishes to continue
engaging in the municipal waste collector business with regard to
any property in the Borough shall be required to first register with
the Borough. Such registration shall occur on an annual basis.
B.
The collection equipment and transportation vehicles used for the
collection of recyclable materials within the Borough shall be labeled
to indicate the name of the municipal waste collector and shall further
indicate that the vehicle is transporting municipal waste or recyclable
materials. Said vehicles shall at all times be in good and proper
mechanical condition and in compliance with the minimum safety and
sanitary regulations of the Commonwealth of Pennsylvania. All such
vehicles shall be specifically designed to prevent leakage of any
liquid or fluids. Other type vehicles may be used only for the collection
of recyclable materials and white goods provided such items are separately
collected. The municipal waste and recyclable materials so collected
shall be suitably enclosed or covered so as to prevent roadside littering,
attraction of vermin or creation of other nuisances. The collection
equipment and transportation vehicles shall be kept in a clean and
sanitary condition.
C.
Municipal waste collectors operating in the Borough shall have insurance
covering public liability for both bodily injury and property damage,
owners' and contractors' protective insurance, and automobile insurance
with respect to personal injuries and property damage.
D.
Each municipal waste collector shall, by January 31 of each calendar
year, file a yearly rate schedule with the Borough showing the rates
to be charged to its customers for the collection of municipal waste
and recyclable materials. Each municipal waste collector shall file
a map with the Borough on January 31 of each calendar year, or upon
changes of its routes, showing the areas of the Borough in which it
operates and a timetable setting forth the days of collection. Collections
of municipal waste and recyclable materials by municipal waste collectors
for private collections shall take place solely between the hours
of 6:00 a.m. and 7:00 p.m.
Nothing in this article shall prohibit the Borough from assigning
a portion or all of its responsibilities under Act 101 and this article
to another entity. Such assignment of responsibility will be accomplished
in accordance with Section 304(c) of Act 101[1] and would require the Borough to enter into a written
agreement with the entity accepting such responsibilities. However,
under no circumstances will the Borough relinquish its right to select
the methodology for conducting recycling: Municipal waste collector
subscription service to individual customers, franchising or bidding
of municipal waste collector services on a partial or community-wide
basis, or municipal waste collector services provided by a municipality.
[1]
Editor's Note: See 53 P.S. § 4000.304(c).
A.
Every resident of the Borough shall be required to separate, at a
minimum, newspaper, paper, aluminum, clear glass, colored glass, steel
or bimetal cans, PET plastics, HDPE plastics, and all other plastics.
Commercial, municipal and institutional establishments shall be required
to separate, at a minimum, aluminum, high-grade office paper, corrugated
paper, and other marketable grades of paper from municipal waste.
The Borough may require that residents and commercial, municipal and
institutional establishments separate other recyclable materials.
B.
Every person or entity must separate household hazardous waste and leaf waste from recyclable materials and other municipal waste. It is the responsibility of a person or entity to dispose of household hazardous waste in accordance with the applicable laws. Leaf waste must be recycled according to the requirements of Act 101. Provisions for the collection or use of leaf waste shall be the responsibility of the municipal waste collectors as more fully set forth in § 335-12.
C.
All occupants of single-family homes, including townhouse- or rowhouse-type
residences where individual municipal waste collection occurs, shall
maintain a separate container of the type specified or provided by
the Borough or municipal waste collector to collect all designated
recyclable materials in a commingled or modified commingled fashion,
as established by the municipal waste collector. No municipal waste
or recyclable material container shall be placed at the curb, in the
front yard of any resident's property, or designated pickup location,
except during the period beginning at 6:00 p.m. on the evening prior
to the day of scheduled collection, and the empty container shall
be removed by 12:00 midnight on the day of scheduled collection. No
such municipal waste containers or recyclable material containers
(other than containers supplied by municipal waste collectors) shall
weigh more than 50 pounds, and containers shall not be placed in the
cartway. Municipal waste placed at the curbline or street line for
collection must be in closed waterproof containers.
D.
Owners, landlords, or rental agents of any multifamily residential
units, such as apartments or condominiums where individual residential
refuse collection does not occur, shall be responsible for providing
suitable containers or dumpsters for recyclable materials. Such containers
or dumpsters shall be provided through arrangements with a municipal
waste collector and source-separated or commingled recyclable material
containers or dumpsters may be utilized. The containers or dumpsters
must be provided at easily accessible locations and written instructions
must be provided to the occupants concerning the use and availability
of such containers or dumpsters. Owners or landlords of multifamily
residential units who comply with the requirements of this section
shall not be liable for the noncompliance of any person or entity
occupying their buildings as such noncompliance relates to separation
of materials. All tenants or lessees of multifamily residential units
shall be responsible for separating recyclable materials and placing
them in the containers or dumpsters provided for such purposes.
E.
Owners, landlords, or rental agents of any institutional, commercial, business, or industrial establishment shall be required to meet the same requirements in Subsection D hereof unless exempted under § 335-4I or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property. Such assignment may only occur, however, where a single tenant occupies the entire leased or rented property.
A.
The municipal waste collector shall, in providing refuse collection
and disposal services to a single-family residential home, also provide
for the collection of recyclable materials. Where once or twice a
week municipal waste collection is provided, the municipal waste collector
must provide at least once a week recyclable material collection.
Customers using once a month municipal waste collection must have
recyclable materials collected at least once a month. Where a customer's
designated day for the collection of recyclable materials falls on
a holiday, the municipal waste collector shall collect recyclable
materials on another day and shall notify those customers affected
of that change.
B.
The collection of recyclable materials for all establishments, other
than single-family residential homes, shall be performed at least
once per month according to the requirements of Act 101.
C.
Municipal waste collectors shall not be permitted to allow recycling
containers or dumpsters to fill beyond capacity and shall schedule
the frequency of such collection accordingly.
A.
The municipal waste collector shall be responsible for the processing
and marketing of the recyclable materials. Such activities may be
conducted by the municipal waste collector or any agent thereof, or
a private entity conducting such business, a nonprofit entity able
to undertake such effort, or any governmentally owned or operated
facility capable of such functions.
B.
The municipal waste collector shall, upon request, provide the Borough
with the location of the facility(ies) to which the recyclable materials
will be delivered. All such facility(ies) shall be appropriately licensed
and permitted.
C.
The municipal waste collector shall, upon request, provide a detailed
listing of where the recyclable materials are sold or deposited and
the weights of each of the recyclable materials so delivered. The
municipal waste collector shall, upon request, provide the Borough
with copies of applicable licenses or permits of the ultimate facility(ies)
to which the recyclable materials will be delivered.
A.
All recyclable materials and municipal waste placed at the curbside for collection or in any container or dumpster designated for recyclable materials shall become the property of the municipal waste collector providing the service, except as outlined in § 335-11.
B.
It shall be a violation of this article for any person or entity, other than the municipal waste collector providing the service, to collect or remove any of the recyclable materials from their designated collection location, except as outlined in § 335-11. Each unauthorized collection from one or more designated locations on one calendar day in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
A.
Any person or entity may utilize alternative recycling methods, other
than collection by a municipal waste collector, to accomplish the
purpose of reutilizing recyclable materials. Recyclable materials
may be donated or sold to any person or entity, whether operating
for profit or not, provided that the recycling shall not utilize alternate
recycling methods without prior written permission from the Borough.
Such materials must be delivered to the alternate recycling site or
arrangements made with the alternate collector to pick up on the recyclable
materials at a time that will not interfere with the operations of
the municipal waste collector. Each person or entity accepting recycled
materials under this section must provide annual written documentation
to the Borough of the total quantity of each material recycled. Said
documentation shall be due by January 31 of each year.
B.
The Borough shall permit an alternative recycling program to be developed
in accordance with § 1501(h) of Act 101[1] if the requirements of that section can be complied with.
The Borough shall, before implementation of the program, review and
approve the program. The municipal waste collector conducting the
program must provide annually written documentation to the Borough
of the total quantity of each material recycled.
[1]
Editor's Note: See 53 P.S. § 4000.1501(h).
A.
As part of the municipal waste collection service provided by the
municipal waste collectors registered with the Borough pursuant to
this article, said municipal waste collectors may provide leaf waste
collection service, either by using their own vehicles and facilities
or by making contractual arrangements with others to do so.
B.
Leaf waste collection shall be undertaken by municipal waste collectors
in accordance with regulations of the DEP and leaf waste disposal
shall be undertaken by municipal waste collectors in a DEP-approved
facility or DEP-approved manner.
C.
All municipal waste collectors shall deliver leaf waste to a facility(ies)
operating in accordance with the regulations of the Commonwealth of
Pennsylvania and the DEP. The disposal of noncomposted leaf waste
at a sanitary landfill or waste-to-energy facility is strictly prohibited.
D.
The methodology for separating and collecting leaf waste shall be
established by the municipal waste collectors and by the Borough.
Leaf waste shall not be left at curbside sooner than 24 hours prior
to collection and shall not be left in a form that obstructs the flow
of traffic or affects the performance of drainage facilities or catch
basins, and leaf waste containers or bags shall not be placed in the
cartway.
A.
All municipal waste collectors shall keep records of the quantities
of recyclable materials collected in the Borough. The records shall
include the weight of the total quantities of recyclable materials
and total quantities of municipal waste and an estimate of the corresponding
volume of material for both recyclable materials and municipal waste.
Estimate of the individual components comprising the commingled recyclable
materials shall also be provided. Written reports shall be provided
to the Borough on reporting forms provided by the Borough and shall
be submitted in accordance with the time schedules established in
this article.
B.
Leaf waste quantities shall be recorded by the municipal waste collector
collecting such materials. Such quantities may be in the form of an
estimate on either a cubic yard or tonnage basis collected, and written
documentation of the total quantity of leaf waste collected must be
provided to the Borough by January 31 of each year for materials collected
in the preceding calendar year.
A.
Any person or entity who shall violate the provisions outlined herein
regarding the separation of recyclable materials shall receive an
official written warning of noncompliance from the Borough for the
first offense. Thereafter, all such violators of the provision of
this article shall upon conviction be sentenced to pay a fine of not
more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough lockup
for a period not exceeding 10 days or to the county jail for a period
not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense.
B.
Any person or entity who shall violate the provisions of this article not covered in Subsection A above, shall upon conviction be sentenced to pay a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense.
C.
No municipal waste collector shall knowingly collect municipal waste
which contains recyclable materials or leaf waste. The municipal waste
collector shall provide a person or entity violating the provisions
contained herein regarding the separation of recyclable materials
with written notice for the first offense and also provide the Borough
with the same written notice. Any municipal waste collector who shall
knowingly violate the provisions of this section and collect municipal
waste containing recyclable materials or leaf waste from a person
or entity who has previously been notified by the Borough and/or a
municipal waste collector of noncompliance shall receive an official
warning for the first offense. The municipal waste collector shall
be sentenced to pay a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough lockup for a period not exceeding 10 days
or to the county jail for a period not exceeding 30 days. Each day
or portion thereof that such violation continues or is permitted to
continue shall constitute a separate offense.
D.
Any municipal waste collector who fails to register with the Borough
and continues to engage in waste collection in the Borough shall,
upon conviction, pay a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough lockup for a period not exceeding 10 days
or to the county jail for a period not exceeding 30 days. Each day
or portion thereof that such violation continues or is permitted to
continue shall constitute a separate offense.
This article shall be construed under the laws of the Commonwealth
of Pennsylvania.
The Borough may, from time to time, modify the regulations adopted
in accordance with this article or make modifications to this article.
Municipal waste collectors shall take the necessary steps to
implement the collection of recyclable materials upon the effective
date of this article.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Outdoor burning or outdoor incineration of refuse is prohibited.
This article shall not apply to such burning or incineration which
is under the regulation or control of the Pennsylvania Department
of Environmental Protection and is in compliance with all applicable
regulations.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough lockup
for a period not exceeding 10 days or to the county jail for a period
not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.