[Adopted 1-12-1993 by Ord. No. 732 (Ch. 20, Part 4, of the 1990 Borough
Code of Ordinances)]
This article shall be known as the "Royersford Recycling Ordinance."
The purposes of this article are:
A.Â
To require waste reduction and recycling as a means of managing municipal
waste, conserving resources and supplying energy.
B.Â
To establish and implement within the Borough of Royersford a recycling
program to return valuable materials to productive use, to conserve
energy and to protect capacity at municipal waste processing or disposal
facilities.
C.Â
The weight or volume of municipal waste generated per capita in this
Borough on January 1, 1997, should, to the greatest extent practicable
be less than the waste or volume of municipal waste generated per
capita on the effective date of this article.
D.Â
Each person living in the Borough of Royersford shall be taught the
economic, environmental and energy value of recycling and waste reduction,
and shall be encouraged through a variety of means to participate
in such activities.
A.Â
ACT 97
ACT 101
ALUMINUM
BOROUGH
DEP
GLASS
METAL CANS
MUNICIPAL RECYCLING COLLECTOR
MUNICIPAL WASTE
NEWSPAPER
PLASTIC CONTAINERS
RECYCLABLE MATERIALS
RESIDENTIAL ESTABLISHMENTS
As used in this article, the following terms shall have the meaning
indicated:
The Solid Waste Management Act of 1980.[1]
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[2]
Empty, all-aluminum beverage and food containers, commonly
known as "aluminum cans."
The Borough of Royersford.
The Pennsylvania Department of Environmental Protection.
Products made from silica or sand, soda ash and limestone;
the product may be transparent (clear) or colored (e.g., brown or
green), and used as a container for packaging (e.g., jars) or bottling
of various matter. Expressly excluded are noncontainer glass, window
or plate glass, light bulbs, blue glass and porcelain and ceramic
products.
Empty food or beverage containers constructed of a mixture
of ferrous metal, usually tin or steel, and nonferrous metal, usually
aluminum.
The collector, remover and hauler of municipal recyclable
materials in the Borough of Royersford authorized pursuant to this
article, any regulations that may be established by resolution and
adopted pursuant hereto and by Borough contract.
Any garbage, refuse or office waste and other material, including
solids resulting from operations of residential establishments. The
term does not include source-separated recyclable materials.
Paper of the type commonly referred to as "newsprint" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest.
Empty plastic food and beverage containers. Due to the large
variety of plastics, the recycling regulations will stipulate the
specified types of plastics that may be recycled.
Materials generated by residential establishments which can
be separated from municipal waste and returned to commerce to be reused
as a resource in the development of useful products. Materials which
may be recycled include, but are not limited to, clear glass, colored
(brown or green) glass, aluminum, steel and metal cans, newspaper
and plastic containers.
Residential properties for which there is an existing curbside
collection system of municipal waste.
B.Â
All terms not separately defined in this article that are contained
in Act 97 and Act 101 are incorporated herein by reference.
A.Â
The reduction of the amount of municipal waste and conservation of
recyclable materials is an important public concern by reason of the
growing problem of municipal waste disposal and its impact on the
environment. It is the intent of this article to promote, require
and regulate recycling activities in the Borough and to protect the
health, safety and welfare of residents.
B.Â
This article has been developed to meet and implement municipal responsibilities
established under Act 101.
C.Â
The Borough's adoption of this article does not preclude the future
assignment of its responsibility as it relates to the coordination,
regulation and/or enforcement of recycling activities. Such assignment
of responsibilities will be accomplished in accordance with Section
304(c) of Act 101[1] and would require the Borough to enter into a written
agreement with the entity accepting such responsibilities.
[1]
Editor's Note: See 53 P.S. § 4000.304(c).
The Borough of Royersford hereby establishes and implements
a source separation and collection program for recyclable materials
pursuant to Act 101.
A.Â
Licensing and appointment of the municipal recycling collector will
be undertaken by the Borough in conjunction with its program for collection
and disposal of recyclables.
B.Â
In accordance with the responsibilities in this article, the Borough
is authorized to establish rules and regulations by resolution related
to the separation, collection, processing and disposal of recyclable
materials and to enforce all such rules and regulations.
C.Â
The Borough, in conjunction with the municipal recycling collector,
shall be responsible for establishing an education program and, together,
shall conduct and maintain a comprehensive public information program
as follows:
(1)Â
The Borough shall include articles and information on recycling requirements
and activities within regular newsletters or mailings to residents
in the community.
(2)Â
The Borough shall, at least 30 days prior to the start of the recycling
program and at least every six months thereafter, place advertisements
in a newspaper of general circulation serving the Borough of Royersford
outlining the requirements of this article and providing information
relative to the recycling program operation.
(3)Â
The municipal recycling collector shall, at least 30 days prior to
the start of the recycling program and at least six months thereafter,
deliver an information sheet on recycling to residential establishments.
At the request of the municipal recycling collector, the Borough will,
as a service to the municipal recycling collector, provide facts relative
to the requirements and operation of the recycling program that can
be utilized in the aforementioned information sheet.
D.Â
The municipal recycling collector shall be responsible for obtaining
all weight and volume quantity data. Said data shall be supplied to
the Borough on a quarterly basis, and fourth quarter data shall be
supplied to the Borough by January 15 for the preceding year so that
the Borough may submit reports in accordance with Act 101 and other
applicable laws, and submit applications for recycling performance
grants.
E.Â
The Borough shall be responsible for the bulk ordering and purchasing
of recycling containers for residents. One approved recycling container
shall be provided for each residential unit in the Borough of Royersford.
Any resident may purchase an additional recycling container from the
Borough in accordance with the fee schedule established by the Borough
of Royersford through resolution.
F.Â
Each residential establishment in the Borough of Royersford shall
be responsible for complying with the requirements of this article
for the separation of recyclable materials. This shall include tenants
and lessees occupying rented and nonowned property.
G.Â
The municipal recycling collector shall be responsible for complying
with the requirements of this article for the collection, processing
and disposal of recyclable materials.
H.Â
Owners, landlords or rental agents of any leased or rented property,
other than single-family type homes or single-tenant occupied property,
shall be responsible for notifying tenants with educational information
provided by the Borough and/or municipal recycling collector (providing
appropriate recyclable material collection containers and providing
for pickup of such containers in accordance with this article).
A.Â
B.Â
Every person or entity must separate household hazardous waste from
the recyclable materials. It is the responsibility of each residential
establishment to dispose of household hazardous waste in accordance
with applicable law.
C.Â
All residential establishments shall maintain a separate container
of the type specified or provided by the Borough to collect all designated
recyclable materials in a commingled or modified commingled (e.g.,
different materials separated into paper bags and placed in the container)
fashion, as established by the Borough of Royersford. No recyclable
material container shall be placed at the curb of any residential
establishment, except during the period beginning at 6:00 p.m. on
the evening prior to the day of scheduled collection, and the empty
container shall be removed by 12:00 midnight on the day of scheduled
collection. The time for placing and removing containers may be changed
by resolution.
The municipal recycling collector shall, in providing recycling
services to residential establishments, provide once-a-week recycling
collection services to residential establishments. The specific duties
and responsibilities of the municipal recycling collector shall be
designated in an agreement to be entered into by and between the Borough
of Royersford and the municipal recycling collector.
The Borough recycling collector shall be responsible for the
processing and disposal of the recyclable materials in accordance
with all applicable laws and statutes.
A.Â
All recyclable materials placed at curbside for collection from residential
establishments shall become the property of the municipal recycling
collector.
B.Â
It shall be a violation of this article for any person or entity,
other than the municipal recycling collector, as appointed by the
Borough of Royersford, to provide a service for the collection or
disposal of recyclable materials from residential establishments.
Each unauthorized collection from one or more designated locations
on one calendar day in violation hereof shall constitute a separate
and distinct offense punishable as hereinafter provided.
The municipal recycling collector shall keep records of the
quantities of recyclable materials collected in the Borough. The records
shall include the weight and the total quantities of recyclable materials
and an estimate of the corresponding volume of material for recyclable
materials. Estimates of the individual components comprising the commingled
recyclable materials shall also be provided. Written reports shall
be provided to the Borough on reporting forms provided by the Borough
and shall include the name and location of the processing center and/or
recyclable materials dealer and shall be submitted in accordance with
the time schedules established by the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
Any person or entity who shall violate the provisions outlined herein
regarding the separation of recyclable materials shall receive an
official written warning of noncompliance from the Borough for the
first offense. Thereafter, all such violators of the provisions of
this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not less than $100 nor
more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this article in equity in the Court of Common Pleas of
Montgomery County.
B.Â
Any person or entity who shall violate the provisions outlined herein
regarding the unauthorized collection of recyclable materials shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not less than $100 nor more than $1,000, plus
court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Montgomery
County.
This article shall be construed under the laws of the Commonwealth
of Pennsylvania.
The Borough may, from time to time, modify the regulations adopted
in accordance with this article or make modifications to this article.
