This article shall be known and may be cited as the "Colebrookdale Township Recycling Ordinance."
[Adopted 12-16-1991 by Ord. No. 7-91]
As used in this article, the following terms shall have the following meanings:
Clean, nonaerosol and empty all-aluminum beverage and food containers.
Clean, nonaerosol and empty beverage and food containers consisting of steel and aluminum.
Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers, and theaters.
Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics, and organized sporting events attended by 200 or more individuals per day.
Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating by one family or household.
An agreement entered into by the Township of Colebrookdale with a private person or corporation for the collection and disposal of all recyclable materials within the Township of Colebrookdale to the extent provided by this article and the agreement.
Clean, nonaerosol and empty steel or tin-coated steel beverage or food containers.
Clean and empty bottles and jars made of clear, green or brown glass. Excluded are tempered or plate glass, automotive glass, blue glass, lead crystal, porcelain and ceramic products.
All-white paper, bond paper, and computer paper used in commercial, municipal, institutional, and industrial establishments.
Any establishment engaging in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, and refineries.
Any establishment engaged in service to persons, including but not limited to, hospitals, nursing homes, orphanages, schools, day-care centers, universities and nonprofit organizations.
Leaves, garden residue, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
A parcel or contiguous parcels of land which has been so designated and improved that it contains thereon two or more mobile homes.
Rental housing apartment buildings or apartment complexes which have four or more dwelling units per structure and condominium associations and homeowner associations of four or more dwelling units which are established and organized in such a manner that the association provides common services for the residents of the housing development. This definition shall also include apartment buildings and apartment complexes owned and operated by institutional establishments if the institutional establishment charges a rental fee for the dwelling unit.
Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid, or contained gaseous material, resulting from the operations of residential, commercial, municipal, institutional, and industrial establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste as defined in the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq., from a commercial, municipal, institutional, or industrial water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.
Any person collecting or transporting municipal waste for owners or occupants of property in Colebrookdale Township. All municipal waste collectors shall be licensed pursuant to the provision of Article IV, Collection and Disposal, of this chapter.
Township of Colebrookdale.
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and matters of public interest, excluding magazines.
Any individual, partnership, association, corporation, institution, cooperative enterprise, trust, municipal authority, federal government or agency, commonwealth institution or agency, or any other legal entity whatsoever which is recognized by law as a subject of rights and duties. In any provision of this article 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 any other legal entity having officers and directors.
All clean and empty No. 1 PETE containers or No. 2 HDPE containers, excluding oil containers and plastic bags.
Any person collecting or transporting recyclable materials for owners or occupants of property in Colebrookdale Township, and any business or institution within Colebrookdale Township which generates recyclable materials and uses its own employees and equipment for the collection or transportation of recyclable materials. All recyclable material collectors shall be licensed pursuant to 27 Pa.C.S.A. § 6201 et seq., the Waste Transportation Safety Act, Act 90 (2002).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Those materials specified by Colebrookdale Township for collection in accordance with this article and recycling regulations which may be promulgated from time to time. Such material may include, but shall not be limited to, aluminum cans, clear and colored glass containers, tin, steel and bimetal cans, plastic containers, and newsprint material. The list of recyclable materials may be changed from time to time by resolution of the Board of Commissioners of Colebrookdale Township.
The program or system of separation, collection, processing, recovery, or reuse of recyclables.
Any person which owns, leases or occupies a property located in Colebrookdale Township used as a residence.
Any occupied dwelling having three or fewer dwelling units per structure.
Municipal solid waste, as herein defined, that is generated at a dwelling unit.
See "dwelling unit."
Any garbage, refuse, other discarded material, or other waste, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining, and agricultural operations and any sludge from an industrial, mining, and agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term shall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act." The term shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."
Any waste, including but not limited to, municipal, residual, or hazardous waste, including solid, liquid, semisolid, or contains gaseous materials. (Pennsylvania Solid Waste Management Act 97, Section 103.)[1]
Clean, nonaerosol, and empty all-steel (ferrous metal) or bimetal beverage and food containers.
The government jurisdiction and legal entity of the Township of Colebrookdale.
[1]
Editor's Note: See 35 P.S. § 6018.103.
There hereby is established a program for the mandatory source-separation and collection of recyclable materials and leaf waste within Colebrookdale Township, Berks County, Pennsylvania. No person shall dispose of municipal waste, recyclable materials, or leaf waste within Colebrookdale Township except in accordance with this article. The use of a municipal waste collector will not relieve any person from compliance with this article.
A.
Recyclable materials.
(1)
All residents of Colebrookdale Township shall separate recyclable materials from all municipal waste generated at their properties. When placed at the curbside or similar location for collection in accordance with the provisions of this article, recyclable materials shall be placed in a separate, reusable container, approved and supplied by the Township, which clearly identifies the contents as recyclable material. The first reusable container will be provided by the Township at no cost. Any additional containers must be purchased at the Township Building. No container other than that provided by the Township may be used to hold the recyclable materials when placed at curbside for pickup.
(2)
The preparation for collection of recyclable materials shall be made in accordance with the instructions provided by the Township.
B.
Leaf waste. All residents of Colebrookdale Township shall separate leaf waste from all municipal waste generated at their property. When collection procedures have been scheduled by the recyclable material collector, leaf waste shall be placed in paper biodegradable bags provided by the recyclable material collector. Any resident who otherwise provides for the proper disposal of leaf waste by composting, shall not be required to comply with the provisions of this subsection.
C.
Collection. Collection of recyclable materials shall be made only by a recyclable material collector at a minimum of once every two weeks. Leaf waste shall be collected by a recyclable material collector in accordance with the schedules established annually by the recyclable material collector.
D.
Multifamily residences. An owner, landlord or agent of an owner or landlord of multifamily residential housing properties with four or more units, or the residents of such multifamily residential properties acting by and through a duly constituted condominium or homeowners' association, shall comply with their responsibilities under this article by establishing a collection system for recyclable materials at each property and pick up by a recyclable material collector. A collection system must include suitable containers for collecting and sorting materials, easily accessible location for the containers, and written instructions to the occupants or residents concerning the use and availability of the collection system. In addition, such owners, landlords, agents, condominium or homeowners associations shall quarterly provide written documentation and certification to Colebrookdale Township of the total weight of materials, and the types of materials, recycled. Such owners, landlords, agents and condominium or homeowners associations may comply with the reporting requirements hereunder by requiring their recyclable materials collector to provide said documentation and certification directly to the Township. Owners, landlords, and agents of owners, landlords, or condominium or homeowners associations who comply with this article under this subsection shall not be liable for the non-compliance of occupants of their building.
E.
Mobile home park. An owner, landlord or agent of an owner or landlord of a mobile home park shall comply with their responsibilities under this article by establishing a collection system for recyclable materials at each property and pick up by a recyclable materials collector. A collection system must include suitable containers for collecting and sorting materials, easily accessible location for the containers, and written instructions to the occupants or residents concerning the use and availability of the collection system. In addition, such owners, landlords, or agents of an owner or landlord of a mobile home park shall quarterly provide written documentation and certification to Colebrookdale Township of the total weight of materials, and the types of materials, recycled. Such owners, landlords, and agents may comply with the reporting requirements hereunder by requiring their recyclable materials collector to provide said documentation and certification directly to the Township. Owners, landlords, and agents of owners or landlords who comply with this article under this subsection shall not be liable for the noncompliance of occupants of their building.
[Amended 10-7-2024 by Ord. No. 4-2024]
A.
Recyclable materials. All persons occupying commercial, industrial, institutional and municipal establishments within Colebrookdale Township shall separate recyclable materials, high grade office paper, aluminum cans, corrugated paper, and leaf waste, and other materials as may be changed from time to time by resolution of the Board of Commissioners of Colebrookdale Township, from all municipal waste generated at such establishments and from community activities attended by more than 200 persons per day. All persons shall store the materials until collection by a recyclable material collector and provide quarterly written documentation and certification to Colebrookdale Township of the total volume of materials recycled. Such persons may comply with the reporting requirements hereunder by requiring their recyclable material collector to provide said documentation and certification directly to the Township. The preparation for collection of recyclable materials shall be made in accordance with the instructions provided by the Township.
B.
Collection. Collection of recyclable materials shall be made only by a recyclable material collector at a minimum of once every month. Leaf waste shall be collected by a recyclable material collector in accordance with the schedule established annually by the recyclable material collector.
[Amended 10-7-2024 by Ord. No. 4-2024]
A.
No person shall place municipal waste in containers used for the separation and collection of recyclable materials.
B.
No person shall place recyclable materials in containers used for separation and collection of municipal waste.
C.
No person shall place containers for recyclable materials at the curbside or similar location, except during the period beginning at 6:00 p.m., prevailing time, on the day prior to a scheduled collection and ending at midnight on the day of a scheduled collection.
D.
Recyclable materials or leaf waste that is collected for recycling as part of the Township's recycling program shall not be disposed as solid waste in accordance with this article.
Nothing in this article or any regulation promulgated pursuant hereto shall be deemed to impair the ownership of recyclable materials by the persons who generated them unless and until recyclable materials are placed at curbside or similar location for collection by recyclable material collector.
It shall be a violation of this article for any person not duly authorized by Colebrookdale Township to collect or pick up or cause to be collected or picked up any recyclable materials placed at the curbside or other designated place for collection by a recyclable material collector pursuant to the provisions of this article. Any and each such unauthorized collection in violation hereof from one or more residences shall constitute a separate and distinct offense punishable as hereinafter provided in this article.
The collection of recyclable materials by recyclable material collectors, and the preparation and collection of recyclable materials by property owners and residents of the Township shall be made in compliance with the regulations to be adopted by the Board of Commissioners of the Township of Colebrookdale to carry out the intent and purpose of this article. Such rules and regulations shall be approved by resolution of the Board of Commissioners and, when so approved, shall have the same force and effect as the provisions of this article. The said rules and regulations may be amended, modified or repealed by resolution of the Board of Commissioners.[1]
[1]
Editor's Note: The rules and regulations are on file in the Township offices.
A.
Unlawful activities; public nuisance. It shall be unlawful and a public nuisance for any person to violate, cause or assist in a violation of any provision of this article, or violate, cause or assist in the violation of any rule, regulation or resolution promulgated by the Board of Commissioners pursuant to this article.
B.
Penalties. Any person who violates any provision of this article or the regulations adopted hereunder or any person who engages in unlawful conduct as defined in this article shall, upon conviction thereof by a Magisterial District Judge, be sentenced to pay a fine of not less than $50 nor more than $600, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. If the penalty is not paid, the Township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each continuing day of any violation of this article or unlawful conduct as defined in this article shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense, punishable by a like fine or penalty. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Berks County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Injunction. In addition to any other remedy provided in this article, Colebrookdale Township may institute a suit in equity where unlawful conduct or a public nuisance exists as defined in this article for an injunction or resolution promulgated or issued by the Board of Commissioners pursuant to this article.
D.
Concurrent remedies. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township 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 to best achieve and effectuate the goals and purposes hereof. This article shall be construed in pari materia with the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. 6018.101 et seq., the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. 4000.101 et seq., and the rules and regulations adopted thereunder.
If any part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining parts of this article which shall continue to be fully operative as if the unconstitutional, illegal or invalid part had not been enacted.
Any and all provisions of any other ordinance which are inconsistent with the provisions of this article are hereby repealed.
This article shall be effective the 16th day of December, 1991.