[Ord. 547, 8/11/2010]
The short title of this part shall be "Lower Southampton Township Recycling Ordinance," and the same may be cited in that manner.
[Ord. 547, 8/11/2010]
As used in this part, the following terms shall have the meanings indicated:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers and theaters.
COMMUNITY ACTIVITY
Events sponsored in whole or in part by a municipality, or conducted within a municipality and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
CORRUGATED
Cardboard containers, including old corrugated containers used to ship merchandise and other Kraft papers such as grocery bags.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded from recycling are noncontainer glass, plate glass, and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
Wastepaper composed primarily of bleached (white) papers that have gone through a printing operation of some type, including, but not limited to, computer printout paper and copier paper.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in services, including, but not limited to, hospitals, nursing homes, schools and universities.
LEAF WASTE
Leaves, garden residue, shrubbery and tree trimmings, and similar material, but not including grass clippings.
MIXED PAPER
All types of paper discarded from offices and homes, such as colored papers, envelopes, magazines and catalogs.
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 from recycling are newspapers that have been soiled.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency or other legal entity recognized by law as the subject of rights and duties. In any provisions of this part 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 other legal entity having officers and directors.
PLASTIC CONTAINERS
Empty plastic containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which shall be recycled or be excluded from recycling.
RECYCLABLE MATERIALS/RECYCLABLES
Those materials specified by Lower Southampton Township to be recycled. This list of materials is specified in the recycling regulations resulting from this part and may be revised from time to time as deemed necessary by Lower Southampton Township.
RESIDENCE
Any occupied single or multifamily dwelling from which the private hauler collects solid waste.
SOLID WASTE
All refuse (garbage and rubbish) and other discarded solid material normally collected by a private hauler.
STEEL CONTAINERS
Empty food or beverage containers consisting of ferrous sides and bottom, including tin-plated and bimetal cans.
[Ord. 547, 8/11/2010]
There is hereby established a program for the mandatory separation of recyclable materials and leaf waste from solid waste by all persons within the Township of Lower Southampton.
[Ord. 547, 8/11/2010]
Recyclable materials shall be placed at the curb or other designated collection point separate from solid waste for collection at such times and dates as may be hereinafter established by regulation. Failure to properly separate recyclable materials and leaf waste from solid waste may result in the noncollection of solid waste. Failure to properly separate recyclable materials may result in the noncollection of recyclable materials.
A. 
Residential.
(1) 
Preparation for collection.
(a) 
Newspapers. Newspapers will be bundled and tied securely with string or placed in paper bags prior to collection and removal. Newspapers shall be bundled separately and may include magazines, telephone books. The total weight of such bundles or bags shall not exceed 50 pounds per collection.
(b) 
Commingled materials, i.e., brown/amber/green/clear glass food or beverage containers, steel, bimetal and aluminum food or beverage containers, HDPE and PET plastic food or beverage container. Commingled materials shall be clean and all contents removed therefrom. Materials shall be placed in special containers designated for the aforementioned, provided by the Township and not mixed with other forms of solid waste for collection, removal or disposal.
(c) 
Recyclables/containers. It shall be unlawful to place any recyclables for the recycling collection service in unauthorized or defective disposal containers, plastic bags or bundles not securely tied.
(2) 
Collection location. Recyclables shall be placed for collection at ground level on the property within five feet of the roadway prior to the time of collection on the appropriate collection day in a location at least 10 feet separate from which the household refuse collection is made.
(3) 
Collection schedule. Recyclable materials shall be collected on a weekly basis according to the following schedule:
(a) 
For scheduling of recyclable material pickup, the Township of Lower Southampton shall be divided into two districts (East/West using Bustleton Pike and Bridgetown Road as the dividing line). The boundary lines shall be in accordance with the street map of Lower Southampton Township attached to these regulations.
(4) 
Compostable material (from April 1 to December 15).
(a) 
Preparation for collection.
1) 
Compostable materials shall be placed either loose in approved hard plastic or metal containers or in biodegradable paper bags, not to exceed 50 pounds in weight, and set out at curbside in similar fashion as normal household solid waste.
2) 
Trees and brush must be tied in bundles not to exceed 36 inches in length or 18 inches in diameter. Each bundle shall not exceed 50 pounds in total weight.
(b) 
Collection location. Compostable materials shall be placed for collection at ground level on the property within five feet of the roadway prior to the time of collection on the appropriate collection day in the same location from which the household refuse collection is made.
(c) 
Quantity. Each residential unit or household shall be entitled to set out for collection on each collection day an unlimited amount of yard waste, unlimited containers, receptacles, bundles, bags or combination thereof consisting of compostable materials.
(d) 
Collection schedule. Compostable materials shall be collected between the hours of 6:00 a.m. and 6:00 p.m. on a weekly basis on the day following the residential unit's designated recycling collection day.
(5) 
Compostable material (from December 16 to March 31). The Township shall contract with a composting facility in order to permit residents' yard waste to be accepted at such composting facility from December 16 through March 31. The Township shall notify residents of the name of the composting facility, address, telephone number and hours of operation of said facility via the Township's Internet website and by one other approved method of notification.
B. 
Commercial.
(1) 
Recyclable materials shall mean.
(a) 
Required recyclable materials: high-grade office paper; aluminum; corrugated paper; leaf waste.
(b) 
Optional recyclable materials: steel and/or bimetal cans; plastics; clear and/or colored glass; ferrous materials.
(2) 
Collection schedule and disposal.
(a) 
Recyclable materials shall be collected on a scheduled day, at least once per month, as arranged with a private collector licensed to collect solid waste in Lower Southampton Township.
(b) 
Every commercial, institutional and property owner shall ensure that its recyclable materials are separated from solid waste and provided to a licensed or otherwise bona fide recycling facility for recycling or, if provided in mixed waste, to a private collector that agrees to separate and recycle these materials.
(3) 
Reporting requirements.
(a) 
Each licensed hauler shall be required to complete and submit to the Township or an agency designated by the Township on an annual basis, a source separation and recycling report on the form prescribed (see attached form) and provided by the Township. The report shall contain the following information:
1) 
Type and total amount of recyclable material collected and recycled within that calendar year (to be provided by private collector).
2) 
Type and total amount of compostable material collected within the reporting period (if any).
3) 
Type and total amount of all recyclable, compostable and solid waste material that is collected within the reporting period (to be provided by private collector).
(b) 
Every hauler shall submit to the Township or its designated agency the source separation and recycling report on or prior to the previous calendar year.
[Ord. 547, 8/11/2010]
It shall be a violation of this part for any person(s), unauthorized by Lower Southampton Township, to collect or pick up or cause to be collected or picked up any such recyclable material. Each such violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. 547, 8/11/2010]
Lower Southampton Township is authorized and directed to enforce this part. The same is hereby authorized and directed to establish and promulgate reasonable regulations as to manner, days and times for the collection of recyclable materials to implement this part. Lower Southampton Township may change, modify, repeal or amend any portion of said rules and regulations at any time. All licensed haulers are authorized to enforce the provisions of § 20-404 of this part concerning the improper separation of recyclable materials by means of noncollection of said materials. In addition, all licensed haulers are authorized to tag improperly separated materials and to report such improper separation to Lower Southampton Township.
[Ord. 547, 8/11/2010]
Any action by any person, firm, corporation or other entity which violates or does not comply with a provision of this part or any regulation thereof shall be punishable by a fine to be established by resolution of the Board of Supervisors which in no event shall exceed $1,000 per violation. No enforcement of §§ 20-403 and 20-404 of this part shall be made for three months from the effective date of regulations authorized to be promulgated hereunder.
[Ord. 547, 8/11/2010]
Lower Southampton Township shall have the power to license haulers of solid waste and recyclable materials in Lower Southampton Township. Only those haulers which are licensed by Lower Southampton Township shall be permitted to collect recyclable materials in Lower Southampton Township. Any hauler licensed to collect solid waste in Lower Southampton Township shall also collect recyclable materials. All licensed haulers shall provide recycling collection services to all customers served by the hauler.
[Ord. 547, 8/11/2010]
Any persons may donate or sell recyclable materials to individuals or organizations authorized by Lower Southampton Township 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 or other designated collection point for collection by said individual or organization on days not indicated as recyclable material collection days by Lower Southampton Township.
[Ord. 547, 8/11/2010]
No person shall ignite, cause, feed, permit or maintain any open fire for the destruction of solid waste, recyclables or leaf waste.
[Ord. 547, 8/11/2010]
1. 
Leaf waste shall be defined as set forth in Act 101 and its regulations, which provide that leaf waste includes leaves, garden residue, shrubbery and tree trimmings, and similar material, but not grass clippings.
2. 
Leaf waste must be collected for composting and deposited at a Pennsylvania Department of Environmental Protection ("PADEP") approved leaf composting facility. Leaf waste shall not be collected for disposal in the municipal trash.
3. 
Haulers operating in Lower Southampton Township shall collect leaf waste the months of October, November and May. The actual day of collection shall be determined by the haulers. Collection schedules shall be distributed to the customers of Lower Southampton Township in advance.
4. 
Haulers may use any collection vehicle, system and manpower combination that they deem appropriate.
5. 
Haulers must report tonnage collection from each collection to Lower Southampton Township. Haulers must also provide Lower Southampton Township with receipts (weight slips) from a PADEP-approved composting facility to certify that leaf waste was received.
6. 
Leaf waste shall be separated, prepared and bundled as directed by the haulers. Haulers may reject leaf waste in plastic bags or bags contaminated by nonleaf waste.
7. 
In any month other than a month of collection of leaf waste by haulers, Lower Southampton Township residents may deposit leaf waste at a facility the Township contracts with for such purpose. The Township shall advise residents of the facility via the Township website and by one other approved method of notification. Commercial, industrial and professional entities may dispose of waste at the same facility in accordance with a separate agreement reached between such facility and the commercial, industrial or professional property owner.