[Adopted 9-17-1991 by Ord. No. 842 (Ch. 20, Part 2, of the 2006 Code
of Ordinances)]
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:
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.
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.
Containing two or more metallic materials.
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.
Source-separated, nonputrescible recyclable materials that
have been mixed at the source of generation (i.e., placed in the same
container).
The County of Delaware, State 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, 35 P.S. § 6018.101 et seq.,
as amended.
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.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
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:
The Borough of Folcroft located within the County of Delaware,
State of Pennsylvania.
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.
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.
A program developed and provided by the municipality to inform
and encourage residents to use the recycling collection services.
All paper, metal cans (aluminum, steel, bimetallic) as defined
herein and/or other such material as may be defined by the municipality.
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.
Those services to be performed by a contractor as follows:
Approximately a twenty-five-gallon container with a lid made
of rigid plastic construction, provided by the municipality for the
storage of recyclable materials.
Any facility designed and operated solely for the receiving
and storing of source-separated nonputrescible metal, glass, paper,
plastic containers and cardboard.
Any human being residing within the municipality 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.
There is hereby established, within the area of the municipality
comprising the Borough of Folcroft, a program ("curbside program")
for separate collection of paper, metal, aluminum and bimetallic cans
from all residents of the municipality located within said area and
from all other persons, including commercial or institutional establishments,
within said areas whose solid waste is collected by or on behalf of
the municipality.
B.
Collections of recyclable materials pursuant to this section shall
be made the second and fourth Wednesday of each month except in cases
where the collection day falls upon New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
Collection shall occur in accordance with a schedule of recycling
collection areas and dates to be publicly advertised by the municipality.
C.
All residents of the municipality within the area served by the curbside program established pursuant to this section shall source-separate all designated recyclables and place them in containers at the side of the road fronting their residence in the manner designated by § 515-21 of this article and on the date specified for collection by the schedule published by the municipality.
D.
All persons other than residents served by the curbside collection
program established pursuant to this section shall source separate
all designated recyclables upon receiving notice from the municipality
and shall place said recyclables for collection at a place, in a manner
and at such times as designated by the municipality in said notice.
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.
A.
All persons within this municipality who are not residents and who are not served by the curbside program established pursuant to § 515-20 of this article shall source separate and arrange for the collection of recycling of all designated recyclables within 30 days of the date upon which municipality publishes notice in a newspaper of general circulation within the municipality.
B.
Designated recyclables for the mandatory commercial, municipal and
institutional source separation program shall consist of the following
materials:
(1)
High-grade paper, including and limited to white letterhead paper,
white bond paper, white typing paper, white copier paper, white notepad
paper, white writing paper, white envelopes without glassine windows,
other nonglossy white office paper without plastic, computer printout
paper, manila folders, computer tab cards, and white onionskin paper.
(2)
Corrugated cardboard.
(3)
Bottles and cans generated by food and beverage service establishments.
(4)
Other recyclable materials as designated by the municipality at all
times 30 days after said designation and publication of notice in
a newspaper of general circulation within the municipality.
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, 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 the Municipal Waste
Planning, Recycling and Waste Reduction Act,[1] and provided that they submit to the municipality an annual
report of the total tons of material recycled.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
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.
A.
It shall be unlawful for:
(1)
Any person other than municipality or another person authorized by
the municipality to collect any designated recyclable which has been
placed at the roadside 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 or near a recycling dropoff.
(4)
Any person to hinder, to obstruct, to prevent or to interfere with
this municipality, or their personnel in the performance of any duty
under this article or in the enforcement 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.
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 municipality 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.
[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.
A.
In addition to any other remedy provided in this article, this municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article. In addition to an injunction, the court may impose penalties as authorized by § 515-28 hereof.
B.
The penalties and remedies prescribed by this article shall be deemed
concurrent. The existence or exercise or any remedy shall not prevent
this municipality from exercising any other remedy provided by this
article or otherwise provided at law or equity.
The terms and provisions of this article are to be liberally
construed, so as best to achieve and effectuate the goals and purposes
hereof.
