[Ord. 575, 8/10/2015]
The Borough of East Lansdowne hereby establishes a program for
the reduction of the amount of solid waste, and the conservation of
certain recyclable material, as defined herein, by the separation
and collection thereof in the Borough of East Lansdowne pursuant to
53 P.S. § 4000.1501 et seq.
[Ord. 575, 8/10/2015]
As used in this Part, the following definitions shall apply:
Containers comprised of aluminum, tin, steel, or a combination
thereof, which contain or formerly contained only nonaerosol substances.
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.
Printed material soliciting products for sale to the reader.
Includes all business and industrial uses but not residential
uses of property.
The District Solid Waste Management Plan for Delaware County
as approved by the Pennsylvania Department of Environmental Protection.
Any bottles or jars made from melted sand formed into a container.
Mail received but not for a specific purpose and the container
that mail is mailed in.
Tree and plant leaves, garden residues, shrubbery and tree
trimmings and similar material, but not including grass clippings.
Magazines and other materials printed on similar paper.
The Borough of East Lansdowne.
A newspaper and other materials printed on newsprint.
Printing and writing papers not considered newspaper, including,
without limitation, printed white ledger and computer print and notebook
paper.
A heavier and thicker paper used as cereal boxes and beer
and soda carriers.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency (including, but
not limited to, the Department of General Services and the State Public
School Building Authority), or any other legal entity whatsoever which
is 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.
Any plastic labeled with a SPI Code Number 1 through Number
7.
Any materials established by the Borough Council from time
to time by resolution, which may include: cans, cardboard, catalogs,
glass bottles/jars, junk mail/envelopes, magazines, newspaper, paper
(any grade), paperboard, plastic bottles, telephone/soft-covered books,
and/or yard waste, and any other materials which the Borough Council
may deem to be recyclable by resolution.
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 as follows:
A container designated by the property owner or resident
for the storage of recyclable materials which is labeled with an official
recycling sticker provided by the Borough.
Any facility designed and operated solely for the receiving
and storing of materials which are to be returned to the economic
mainstream instead of becoming part of the solid waste stream.
Commingling of several recyclable materials into one container
for processing and pickup.
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.
Printed material with non-hardbound covers used for reading
or listing of phone numbers.
Tree limbs and branches may not exceed eight inches in diameter
or six feet in length; the term does not include leaves or grass clippings.
[Ord. 575, 8/10/2015]
1.
The Borough Council shall have the authority to adopt, modify and
amend recycling regulations from time to time by resolution, including,
without limitation, regulations regarding which recyclable materials
must be recycled and regulations requiring residents to source-separate
recyclable materials and/or place recyclable materials for collection
through single-stream recycling. Violations of any such regulations
shall be deemed to be violations of this Part and subject to the same
penalties hereunder.
2.
Starting upon enactment of this Part, and until modified or amended
by resolution as permitted herein, the initial list of recyclable
materials shall include:
[Ord. 575, 8/10/2015]
1.
Except as otherwise herein provided, all persons owning or occupying
residential property in the Borough of East Lansdowne shall recycle
all recyclable materials (as determined by the Council by resolution
from time to time) generated at their homes, apartments and other
residential establishments in the Borough of East Lansdowne and place
such materials at locations designated by the Borough Council for
collection by the Borough of East Lansdowne or its agents, servants
or contractors.
2.
Collections by the Borough of East Lansdowne of recyclable materials
shall be made in accordance with a schedule of areas and dates to
be publicly advertised by the Borough of East Lansdowne.
3.
All recyclable materials placed by residents for collection pursuant
to the program established under this Part shall be prepared for collection
in a secure manner so as to prevent such recyclable materials from
being blown about or otherwise scattered upon the streets or private
property within the Borough.
4.
Multifamily residential properties with no more than four units shall
be served by the collection system operated by the Borough of East
Lansdowne.
5.
The owners and occupiers of multifamily housing properties with more
than four units will not be served by the collection system operated
by the Borough of East Lansdowne, but such persons must establish
a system for source separation, collection, transportation and recycling
of the materials designated by this Part at each property within 30
days of the date of enactment of this Part. Arrangement for collection
of designated recyclables for disposition herein shall be the responsibility
of the owner or occupier of the property in which the recyclables
were generated and/or the person contractually obligated to the generator
to arrange for collection and disposal of its solid waste. Such arrangements
may include, without limitation, direct marketing of recyclables,
delivery to a dropoff, contracts with solid waste collectors/haulers
for separate or commingled collection of any or all designated recyclables,
or contracts with other persons for separate or commingled collection
of any or all designated recyclables. The owner of a multifamily housing
property containing more than four units shall provide an appropriate
number of recycling containers at a sufficient number of dropoff points
to accommodate the amount of recycling generated by the property.
The Borough reserves the right to require the owner to provide additional
containers if the number of containers in place is not adequate. All
persons not served by the collection system operated by the Borough
of East Lansdowne must provide the Borough of East Lansdowne, before
January 20 of each year, a written report stating the name of the
hauling contractor (if the property owner is using one) and the total
weight of each kind of material recycled during the previous calendar
year and any other relevant information required by the Borough of
East Lansdowne.
6.
All owners/agents of multifamily residential properties (regardless
of the number of units) in the Borough shall be required to provide
notice to tenants of the Borough's Mandatory Recycling Program
and to provide such notice, in writing, either by including language
in the lease notifying the tenant of the recycling obligation at time
of tenant change or lease renewal with the tenant or by prominently
posting written notice of the recycling obligation in the common area
of the building. This written notice shall be kept accessible for
inspection by the Borough official, if requested.
[Ord. 575, 8/10/2015]
1.
Except as specifically provided in this Part, all persons occupying
commercial or institutional establishments or conducting community
activities in the Borough of East Lansdowne shall be subject to the
same duties and requirements of this Part as owners and occupiers
of multifamily residential properties containing more than four units.
2.
The Borough of East Lansdowne shall not be responsible for the collection,
transportation, processing or marketing of materials or contracting
for the collection, transportation, processing or marketing of materials
from commercial or institutional establishments.
3.
All persons owning or occupying commercial or institutional establishments
or conducting community activities within the Borough of East Lansdowne
and all other persons not served by the collection system operated
by the Borough of East Lansdowne must establish a system for source
separation, collection, transportation and designated recyclables
at each property within 30 days of the date of enactment of this Part.
Arrangement for collection of designated recyclables for disposition
herein shall be the responsibility of the person who generated the
recyclables and/or the person contractually obligated to the generator
to arrange for collection and disposal of its solid waste. Such arrangements
may include, without limitation, direct marketing of recyclables,
delivery to a dropoff, contracts with solid waste collectors/haulers
for separate or commingled collection of any or all designated recyclables,
or contracts with other persons for separate or commingled collection
of any or all designated recyclables. The system must include suitable
containers for collecting and sorting materials at an easily accessible
location and written instructions to the occupants concerning the
use and availability of the system. All persons not served by the
collection system operated by the Borough of East Lansdowne must provide
the Borough of East Lansdowne, before January 20 of each year, a written
report stating the name of the hauling contractor (if the property
owner is using one) and the total weight of each kind of material
recycled during the previous calendar year and any other relevant
information required by the Borough of East Lansdowne.
[Ord. 575, 8/10/2015]
1.
Nothing herein shall prevent any person from utilizing leaves for
compost, mulch or other agricultural, horticultural, silvicultural,
gardening or landscaping purpose.
2.
No leaves shall be commingled with other waste collected by the Borough
or its agents, servants or contractors. The Borough, under regulations
hereafter established, will collect leaves source-separated by the
owners or occupiers of properties served by the Borough's trash
collection program.
3.
All other persons who are not served by the Borough's trash
collection program shall arrange for the separate disposal and processing
of leaves at a composting facility or an agricultural, horticultural,
silvicultural or other facility which processes or utilizes leaves
for compost, mulch or other beneficial uses.
[Ord. 575, 8/10/2015]
1.
It shall be unlawful for:
A.
Any person other than the municipality, or another person authorized
by the municipality, to collect any designated recyclable which has
been placed for collection pursuant to this Part.
B.
Any person to violate, or to cause or to assist in the violation
of, any provision of this Part.
C.
Any person to hinder, to obstruct, to prevent or to interfere with
this municipality, or its personnel, in the performance of any duty
under this Part or in the enforcement of this Part.
2.
All unlawful conduct set forth in this section shall constitute a
public nuisance.
[Ord. 575, 8/10/2015]
This municipality or any other person collecting solid waste
generated within this municipality may refuse to collect solid waste
from any person who has clearly failed to source-separate recyclables
designated under an applicable section of this Part.
[Ord. 575, 8/10/2015]
1.
Nothing contained in this Part shall be construed to interfere with
or in any way modify the provisions of any existing contract which
is in force in the municipality on the effective date of this Part.
2.
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 Part unless such renewal or
such contract shall conform to the requirements of this Part.
[Ord. 575, 8/10/2015]
Any person who violates any of the provisions of this Part shall,
upon conviction thereof before a Magisterial District Judge, be fined
not more than $1,000, plus costs of prosecution, and in default of
payment of such fine and costs, be imprisoned for not more than 30
days. Each day that a violation continues in effect shall be deemed
a separate violation.
[Ord. 575, 8/10/2015]
The Code Enforcement Official, the property maintenance officers,
Borough police officers and other appointed Borough officials are
hereby individually and severally empowered to enforce the provisions
of this Part. An inspection may consist of sorting through containers
and opening of solid waste bags to detect, by sound or sight, the
presence of any recyclable material.
[Ord. 575, 8/10/2015]
1.
In addition to any other remedy provided in this Part, the Borough
of East Lansdowne may institute a suit in equity where unlawful conduct
or public nuisance exists as defined in this Part for an injunction
to restrain a violation of this Part.
2.
The penalties and remedies prescribed by this Part shall be deemed
concurrent. The existence or exercise of any remedy shall not prevent
the Borough of East Lansdowne from exercising any other remedy provided
by this Part or otherwise provided at law or equity.
[Ord. 575, 8/10/2015]
The terms and provisions of this Part are to be liberally construed
so as best to achieve and to effectuate the goals and purposes hereof.
