[Adopted 8-7-1991 by Ord.
No. 10-91]
The short title of this article shall be the "Township of Cecil
Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases, as used throughout this article,
shall have the following meanings:
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
Not exposed to foreign substances or conditions rendering
them unusable for recycling.
The entity or entities authorized by the Township to collect
recyclable materials from residences, or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Township to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes, and those multiple dwelling residential buildings containing
more than four dwelling units.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin coated food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulbs, blue glass and porcelain and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by the Township and other governmental
and quasi-governmental authorities.
The Township of Cecil.
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semisolid or contained gaseous material resulting
from operation of residential, municipal, commercial or institutional
establishments and from community activities and any sludge not meeting
the definition of residual or hazardous waste in the Solid Waste Management
Act 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.
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
are newspapers which have been soiled, color comics, glossy advertising
inserts and advertising inserts printed in colors other than black
and white often included with newspapers.
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the Township may stipulate specific
types of plastic which may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Township
and can be separated from municipal waste and returned to commerce
to be reused as a resource in the development of useful products.
Recyclables materials may include, but are not necessarily limited
to, clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, leaf waste,
plastics and any other items selected by the Township or specified
in future revisions to Act 101. The recyclable materials selected
by the Township may be revised from time to time as deemed necessary
by the Township.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials.
Any occupied single-family or multifamily dwellings having
up to four dwelling units per structure for which the Township provides
municipal waste collection service.
Those materials separated at the point of origin for the
purposes of being recycled.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed.
A.
The Township of Cecil hereby establishes a recycling program for
the mandatory separation and collection of recyclable materials and
the separation, collection and composting of leaf waste from all residences
and all commercial, municipal and institutional establishments located
in the Township for which waste collection is provided by the Township
or any other collector. Collection of the recyclables materials shall
be made at least once per month by the Township, its designated agent,
or any other solid waste collectors operating in the Township and
authorized to collect recyclable materials from residences or from
commercial, municipal and institutional establishments. The recycling
program shall also contain a sustained public information and education
program.
B.
Specific program regulations are provided as an attachment to this
article.[1] The Board of Supervisors is empowered to make changes to program regulations as necessary, as described in § 200-31. Subsequent changes in the program regulations may be made through approval of the Board of Supervisors and public notice and notification of all affected parties.
[1]
Editor's Note: The regulations are on file in the Township
office for review.
A.
All persons who are residents of the Township of Cecil shall separate
all of those recyclable materials designated by the Township from
all the municipal waste produced at their homes, apartments and other
residential establishments, store such materials for collection, and
place same for collection in accordance with the guidelines established
hereunder.
(1)
Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in containers
provided by the Township for collection. Any containers provided to
residences for collection of recyclable materials shall be the property
of the Township and shall be used only for the collection of recyclable
materials. Any resident who moves within or from the Township shall
be responsible for returning the allocated container(s) to the Township
or shall pay the replacement cost of said container(s). Use of recycling
containers for any purpose other than the designated recycling program
or use of the recycling containers by any person other than the person
allocated such container(s) shall be a violation of this article.
(2)
An owner, landlord or agent of an owner or landlord of a multifamily
rental housing property with more than four units may comply with
its recycling responsibilities by establishing a collection system
at each property. The collection system must include suitable containers
for collecting and sorting the recyclable materials, easily accessible
locations for the containers, and 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 article
shall not be liable for noncompliance of their buildings. If recyclable
materials are collected by a collector other than the Township or
its authorized agent, owners, landlords and agents of owners or landlords
shall submit an annual report to the Township reporting the tonnage
of materials recycled during the previous year.
B.
All persons must separate leaf waste from other municipal waste generated
at their houses, apartments and other residential establishments for
collection unless these persons have otherwise provided for composting
of leaf waste.
C.
Persons must separate high-grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the Township generated at commercial, municipal and institutional
establishments and from community activities and store the recyclable
materials until collection. A person may be excepted from this subsection
if that person submits documentation to the Township annually indicating
that the designated recyclable materials are being recycled in an
appropriate manner. If recyclable materials are collected by a collector
other than the Township or its authorized agent, occupants of said
establishments shall submit an annual report to the Township reporting
the tonnage of material recycled during the previous year.
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by § 200-28 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm
or corporation, other than the Township or one authorized by the Board
of Supervisors or other entity responsible for providing for collection
of recyclable materials, to collect recyclable materials placed by
residences or commercial, municipal and institutional establishments
for collection by the Township or an authorized collector, unless
such person, firm or corporation has prior written permission from
the generator to make such collection. In violation hereof, unauthorized
collection from one or more residences or commercial, municipal and
institutional establishments on one calendar day shall constitute
a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment
may donate or sell recyclable materials to any person, firm or corporation,
whether operating for profit or not, provided that the receiving person,
firm or corporation shall not collect such donated recyclable materials
from the collection point of a residence or commercial, municipal
or institutional establishment without prior written permission from
the Board of Supervisors or other entity responsible for authorizing
collection of recyclable materials to make such a collection.
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this article. The collected recyclable
materials shall be taken to a recycling facility. Disposal by collectors
or operators of recycling facilities of source-separated recyclable
materials in landfills or to be burned in incinerators is prohibited
unless markets do not exist and the collectors or operators have notified
the Board of Supervisors in writing.
A.
The Board of Supervisors is hereby authorized and directed to make
reasonable rules and regulations for the operation and enforcement
of this article as deemed necessary, including, but not limited to:
(1)
Establishing recyclable materials to be separated for collection
and recycling by residences, and additional recyclable materials to
be separated by commercial, municipal and institutional establishments.
(2)
Establishing collection procedures for recyclable materials.
(3)
Establishing reporting procedures for amounts of materials recycled.
(4)
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
B.
Any person, firm or corporation who shall violate the provisions
of this article shall receive an official written warning of noncompliance
for the first and second offense. Thereafter, all such violations
shall be subject to the penalties hereinafter provided.
C.
Any person, firm or corporation who shall violate any provision of
this article shall, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedures,
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.[1]
D.
The Township reserves the right not to collect municipal waste containing
recyclable materials in combination with nonrecyclable materials.
The Township may enter into agreement(s) with public or private
agencies or firms to authorize them to collect all or part of the
recyclable materials from curbside.
The Township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 200-29.
