[Adopted 10-7-1991 by Ord. No. 586 (Ch. 20, Part 2, of the
1987 Code of Ordinances)]
The Borough of Collingdale hereby establishes a program for
the reduction of the amount of solid waste and conservation of recyclable
materials by the separation and collection for recycling of newsprint,
aluminum, steel and bimetallic cans, high-grade office paper, corrugated
paper and leaf waste from the residential, commercial and institutional
establishments in the Borough of Collingdale.
This article is adopted pursuant to the Municipal Waste Planning,
Recycling and Waste Reduction Act, Act No. 101 of July 28, 1988, P.L.
556, 53 P.S. § 4000.101 et seq.
As used in this article, the following definitions shall apply:
The light-in-weight ductile and malleable metallic substance
or element commonly known as "aluminum" and shall include all aluminum
food and beverage cans. This description does not include aluminum
foil, aluminum trays, aluminum plates and miscellaneous aluminum products.
Cans containing two or more metallic materials.
Containers comprised of aluminum, tin, steel, or a combination
thereof, which formerly contained only nonaerosol edible substances.
This includes, by way of illustration and not of limitation,
cans formerly containing such substances as vegetables, meats, fruits,
juices or other similar food storage containers constructed of materials
listed in the definitions "aluminum," "bimetallic cans" and "steel
cans" herein.
This does not include aerosol cans, cans which contained hazardous
cleaning substances, automotive supply cans, such as transmission
fluids, motor oils, etc., paint cans and other similar containers.
All corrugated or other cardboard normally used for packing,
mailing, shipping or containerizing goods, merchandise or other material,
but excluding plastic-, foam- or wax-coated or soiled cardboard.
The County of Delaware, Commonwealth of Pennsylvania.
The district solid waste management plan for Delaware County
as approved by the Pennsylvania Department of Environmental Protection.
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, as amended.[1]
Paper items generated by offices and/or commercial entities
and includes white computer paper, white copier paper, white typing
paper, white letterhead paper, white note-pad paper and other similar
office paper. This does not include wax paper, plastic- or foil-coated
paper, envelopes with glassine windows, carbon paper, blueprint paper,
food-contaminated paper, soiled paper, magazines, catalogs, junk mail,
telephone books and cardboard.
Leaves; and shall not include grass clippings.
The recycling plan developed by and for this Borough in accordance
with said Act No. 101 of 1988.[2] The municipal recycling plan sets forth: a) the materials
to be recycled within the Borough; b) the method of collection and
disposition of said recyclables; c) the recovery rate goals; and d)
the publicity and education measures to be used to promote recycling.
The Borough of Collingdale located within the County of Delaware,
Commonwealth of Pennsylvania.
Paper of the type commonly distributed at regular intervals,
usually daily or weekly, having printed thereon news, opinions, advertisements
and other matters of public interest. This does not include magazines,
periodicals or phone books.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency, or 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" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
A program developed and provided by the Borough to inform
and encourage residents to use the recycling collection services.
All newsprint, aluminum, steel and bimetallic cans, high-grade
office paper, corrugated paper and leaf waste, as defined herein,
and/or other such material as may be defined by the Borough.
Any process by which material which would otherwise become
solid waste is collected, separated or processed and returned to the
economic mainstream in the form of raw materials or products.
Those services to be performed by a contractor, as follows:
a) the collection of recyclable materials from locations within the
Borough; b) processing of recyclable materials as applicable; and
c) marketing of recyclable materials.
The container provided by the Borough for the express purpose
of storing recyclable materials for collection by the Borough.
Any facility designed and operated solely for the receiving
and storing of source-separated recyclable materials.
Any human being residing within the Borough on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
Waste, including, but not limited to, municipal, commercial,
institutional or industrial waste.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
The ferrous metal food or beverages containers commonly known
as "tin cans."
A.
The Borough shall designate a schedule and plan for curbside collection
of newsprint, aluminum, steel and bimetallic cans from all residents
of the Borough and from all other persons, including commercial or
institutional establishments, whose solid waste is collected by or
on behalf of the Borough.
B.
Separate arrangements for collection of certain materials.
(1)
All persons, other than residents, whose solid waste is collected by or on behalf of the Borough shall make separate arrangements in accordance with § 495-27 of this article for the collection of the following recyclable materials that are generated at commercial, municipal or institutional establishments and from community activities:
(2)
The Borough will not collect the aforementioned recyclable materials
as part of the curbside program established under this section.
C.
Collections of recyclable materials pursuant to this section shall
be made in accordance with a schedule of recycling to be publicly
advertised by the Borough.
D.
All residents of the Borough within the area served by the curbside program established pursuant to this section shall source-separate all designated recyclables and place them at the curb or other site as may be designated by the Borough in the manner designated by § 495-26 of this article and on the date specified for collection by the schedule published by the Borough.
All recyclables placed at the curb or other designated site by residents for collection pursuant to the curbside program established pursuant to § 495-25 of this article shall be prepared for collection in accordance with the following:
A.
All newsprint shall be placed in paper bags (not in plastic bags)
or tied in bundles not to exceed 35 pounds in weight nor to exceed
one foot in thickness.
B.
Cans shall be crushed, if possible.
C.
Aluminum, steel and bimetallic cans shall be placed in recycling
containers to be provided by the Borough. Plastic garbage bags shall
not be utilized as containers for cans.
D.
No material shall be placed at the curb or other designated site
earlier than sundown of the evening of the day preceding a scheduled
collection day. Material must be placed at the curb or other designated
site by 7:00 a.m. on the scheduled collection day. The bundled newsprint
and containers of cans shall be placed at the curb or other designated
site for collection and clearly separated from containers of solid
waste and general refuse.
A.
All persons within this Borough who are not residents and who are not served by the curbside program established pursuant to § 495-25 of this article shall source-separate and arrange for the collection of all designated recyclables by a date set by the Borough, which date the Borough shall publish in a newspaper of general circulation within the Borough or which date the Borough shall notify persons by letter.
B.
Designated recyclables for the mandatory commercial, municipal and
institutional source-separation program shall consist of the following
recyclable materials that are generated at commercial, municipal or
institutional establishments and from community activities:
C.
The arrangement for collection of designated recyclables for disposition
hereunder shall be the responsibility of the person who generated
the recyclables ("generator") or the person contractually obligated
to the generator to arrange for collection and disposal of its solid
waste. Said arrangements may include, without limitation, direct marketing
of recyclables, delivery to a dropoff, contracts with solid waste
collector haulers for separate collection of any or all designated
recyclables, and contracts with other persons for separate collection
of any or all designated recyclables.
D.
Any commercial or institutional establishment shall be exempted from
the requirements of this article if a recycling program already exists
within the establishment that is consistent with Act No. 101 of 1988,[1] and provided that it submits to the Borough annual reports
of the total tons of material recycled.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
No person shall dispose of leaves, arrange for the disposal of leaves,
or cause leaves to be disposed at any solid waste facility other than
a composting facility.
B.
All persons who gather leaves for disposal as waste shall source-separate
all leaves and place them for collection at the times and in the manner
heretofore or hereafter prescribed by the Borough.
C.
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.
An owner, landlord or agent of an owner or landlord of multifamily
rental housing properties with more than four units whose solid waste
is collected by the Borough must comply with its responsibilities
under this article by establishing a collection system for recyclable
materials at each property. The Borough will provide suitable containers
for collecting and sorting materials, and the owner or landlord or
agent shall provide 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.
The Borough shall establish and sustain a comprehensive public
information and education program explaining the features and requirements
of the program. The Borough shall, at a minimum, give at least 30
days' public notice prior to the initiation of the recycling program
and provide public notice every six months thereafter to all persons
occupying residential, commercial, institutional and municipal premises
within its boundaries of the requirements of this article.
A.
It shall be unlawful for:
(1)
Any person other than the Borough or a person authorized by the Borough
to take possession of any designated recyclable which has been placed
at the curb or other designated site for collection or within a recycling
dropoff pursuant to this article.
(2)
Any person to violate or to cause or to assist in the violation of
any provision of this article.
(3)
Any person to place or to cause to be placed any material other than
a designated recyclable in a recycling container or in or near a recycling
dropoff.
(4)
Any person to hinder, to obstruct, prevent or to interfere with the
Borough, or its personnel, or its agent in the performance of any
duty under this article or in the enforcement of this article.
B.
Any person, firm or corporation who violates or neglects to comply
with any provision of this article or any regulation promulgated pursuant
hereto shall, upon conviction thereof, be punishable by a fine not
to exceed $300 or imprisoned for a term not to exceed 90 days.
C.
Each continuing day of violation of this article shall constitute
a separate offense.
The Borough or any other person collecting solid waste generated
within the Borough may refuse to collect solid waste and general refuse
from any person who has clearly failed to source-separate recyclables
designated under an applicable section of this article.
Notwithstanding anything herein to the contrary, any resident
of the Borough may donate or sell any recyclable to any other person,
whether operating for a 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 curb or roadside or
from a recycling dropoff without prior written permission from the
Borough 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 Borough 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.
The terms and provisions of this article are to be liberally
construed so as best to achieve and to effectuate the goals and purposes
hereof.
