The Borough of Folcroft hereby establishes a program for the
reduction of the amount of solid waste and conservation of recyclable
materials by the separation and collection of newspaper and aluminum,
metal and bimetallic cans for recycling from the residential, commercial
and institutional establishments in the Borough of Folcroft.
This article is adopted pursuant to § 1501 of the
Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S.
§ 4000.1501.
[Amended 11-21-2006 by Ord. No. 990]
As used in this article, the following definitions shall apply:
ALUMINUM
The light-in-weight ductile and malleable metallic substance
or element commonly known as aluminum food and beverage cans. This
description does not include aluminum foil, trays, plates and miscellaneous
aluminum products.
APARTMENT COMPLEX
Four or more units located on a single property or contiguous
properties under common ownership or management. For this purpose,
"apartment" shall mean an enclosed space that consists of one or more
rooms occupying all or part of a floor or floors in a building of
one or more floors or stories but not the entire building, and that
is designed for use as a residence.
BIMETALLIC
Containing two or more metallic materials.
CANS
Containers comprised of aluminum, tin, steel or a combination
thereof, which contain, or formerly contained, only nonaerosol substances.
CARDBOARD
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.
COMMINGLED
Source-separated, nonputrescible recyclable materials that
have been mixed at the source of generation (i.e., placed in the same
container).
COUNTY
The County of Delaware, State of Pennsylvania.
COUNTY PLAN
The district solid waste management plan for Delaware County
as approved by the Pennsylvania Department of Environmental Protection.
GENERAL REFUSE
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, 35 P.S. § 6018.101 et seq.,
as amended.
GLASS
The hard, brittle, transparent or partially transparent substance
produced by fusion of silica and silicates or sand containing soda
and lime and/or other chemicals and substances usually or conveniently
included in the manufacture of glass; and shall include all materials
commonly known as glass bottles or containers. This includes all food
and beverage containers made of glass of one gallon or less capacity.
Excluded are blue glass, ceramics, pottery and flat glass commonly
known as "window" or "plate" glass.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
MUNICIPAL RECYCLING PLAN
The recycling plan developed by and for this Borough in accordance
with the Municipal Waste Planning, Recycling and Waste Reduction Act,
53 P.S. § 4000.101 et seq. The municipal recycling plan
sets forth:
A.
The materials to be recycled within the Borough;
B.
The method for collection and disposition of said recyclables;
C.
The recovery rate goals; and
D.
The publicity and education measures to be used to promote recycling.
MUNICIPALITY
The Borough of Folcroft located within the County of Delaware,
State of Pennsylvania.
PAPER
All newspaper, high grade office paper, fine paper, bond
paper, office paper, xerographic paper, duplication paper, computer
paper, and similar cellulosic material, but excluding 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.
PERSON
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 other combination of the foregoing,
the term "person" shall include the officers and directors of any
corporation or other legal entity having officers and directors.
PUBLIC AWARENESS PROGRAM
A program developed and provided by the municipality to inform
and encourage residents to use the recycling collection services.
RECYCLABLE MATERIALS
All paper, metal cans (aluminum, steel, bimetallic) as defined
herein and/or other such material as may be defined by the municipality.
RECYCLING
Any process by which material, which would otherwise become
solid waste, are collected, separated or processed, and returned to
the economic mainstream in the form of raw materials or products.
RECYCLING COLLECTION SERVICES
Those services to be performed by a contractor as follows:
A.
The collection of recyclable materials from locations within
the municipality;
B.
Processing of recyclable materials as applicable; and
C.
Marketing of recyclable materials.
RECYCLING CONTAINERS
Approximately a twenty-five-gallon container with a lid made
of rigid plastic construction, provided by the municipality for the
storage of recyclable materials.
RECYCLING DROPOFF
Any facility designed and operated solely for the receiving
and storing of source-separated nonputrescible metal, glass, paper,
plastic containers and cardboard.
RESIDENT
Any human being residing within the municipality on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
SOLID WASTE
Waste, including but not limited to municipal, commercial,
institutional or industrial waste.
SOURCE SEPARATE
To separate recyclable materials from the solid waste stream
at the point of waste generation.
STEEL
The ferrous metal food or beverages containers commonly known
as "tin cans."
All recyclables placed at the roadside by residents for collection pursuant to the curbside program established pursuant to §
515-20 of this article shall be prepared for collection in accordance with the following:
A. All paper shall be placed in paper bags or tied in bundles not exceeding
35 pounds in weight nor exceeding one foot in thickness.
B. Cans shall be rinsed free of contaminants.
C. Cans shall be placed in a container to be provided by the municipality.
Plastic garbage bags shall not be utilized as containers for paper
or cans.
D. No material shall be placed at the roadside earlier than the evening
of the day preceding a scheduled collection day. Material must be
placed at the roadside by 7:00 a.m. on the scheduled collection day.
The bundled paper and the container cans (metal, aluminum and bimetallic)
shall be placed at the roadside for collection adjacent to one another
and clearly separated from containers of solid waste.
The municipality shall establish and sustain a comprehensive
public information and education program explaining the features and
requirements of the program. The municipality shall, at a minimum,
give at least 30 days' public notice prior to the initiation of the
recycling program, and provide periodic 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.
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 article.
Notwithstanding anything herein to the contrary, any resident
of the municipality 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 roadside
or from a recycling dropoff without prior written permission from
this municipality for such collection.
[Amended 11-21-2006 by Ord. No. 990]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof, shall 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 30
days. Each day that a violation of this article continues shall constitute
a separate offense.
The terms and provisions of this article are to be liberally
construed, so as best to achieve and effectuate the goals and purposes
hereof.