This article shall be known as the "Township of Spring Recycling Ordinance."
[Adopted 7-9-1990 by Ord. No. 215 (Ch. XII, Part 2, of the 2013 Code of Ordinances)]
The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
Clean, non-aerosol and empty all-aluminum beverage and food containers.
Any person, firm, or corporation licensed or contracted by the Township of Spring to handle recyclables in accordance with the provisions of this article.
Empty food or beverage 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.
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
A room or a group of rooms located within a structure and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating for the exclusive use of the occupant(s) thereof.
An agreement entered into between the Township of Spring and a private person or corporation for the collection and/or disposal of recyclables within the Township Spring to the extent provided by this article and such agreement.
The United States of America together in any one or more of its departments and agencies.
Clear, green or brown glass bottles and jars. Expressly excluded from this definition of glass are blue glass, lead crystal, porcelain, ceramic products, tempered or plate glass together with florescent and incandescent lighting bulbs.
All white paper, bond paper and computer paper used in commercial establishments, institutional establishments, municipal establishments, dwelling units, and single-family dwelling units of up to four dwelling units in a structure and multifamily establishments.
Any establishment engaged in the manufacturing and/or processing of goods and/or materials.
Any establishment engaged in service to persons, including, but not limited to, hospitals, nursing homes, retirement homes, orphanages, schools, colleges and universities.
Leaves from trees, bushes and other plants, garden residue, clipped shrubbery and tree trimmings. Expressly excluded from this definition of leaf waste are grass clippings.
Rental housing apartment buildings or apartment complexes which have four or more dwelling units, together with condominium associations and homeowners' 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 such institutional establishments charge a rental fee for such dwelling unit.
Any garbage, refuse, industrial lunchroom, or office waste and any other material including solid waste, liquid, semi-solid or contained gaseous materials resulting from the operations 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 of the Commonwealth of Pennsylvania from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facilities.
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 from this definition of newspapers are magazines.
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, Federal government institution or agency, State government institution or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
Empty and clean consumer product containers made of poly-ethylene terephthaeate (PET), polypropylene (PP), high density polyethylene (HDPE), and low density polyethylene (LPDE) including, but not limited to, plastic bottles used as containers for soda, milk, and other consumer food products and for certain household cleaning products and personal care products.
Those materials specified by the Township of Spring for separation from municipal waste for collection, transportation, processing, and marketing as part of a recyclable program.
The program or system of separation from municipal waste collection, transportation, processing, and marketing of recyclables.
A dwelling unit occupying all of one structure.
The Commonwealth of Pennsylvania together with any one or more of its departments and agencies.
Clean, non-aerosol, and empty all-steel (ferrous metal).
The Township of Spring, Berks County, Pennsylvania.
A.
The Township hereby establishes a recycling program for the mandatory separation of recyclables from municipal waste generated by occupants of single-family dwelling units of up to four dwelling units within a structure, multifamily establishments, commercial establishments, institutional establishments, and industrial establishments, located within the Township of Spring, Berks County, Pennsylvania, the same being in accordance with the provisions of Section 1501(c) of the Municipal Waste Planning Recycling and Waste Reduction Act.
B.
Selected recyclables for the recycling program established pursuant to this section shall be designated by the Board of Supervisors of the Township in regulations to be promulgated pursuant to the terms of § 380-7 of this article, from the following list of materials:
(1)
Corrugated paper.
(2)
Newspaper.
(3)
High-grade office paper.
(4)
Clear glass.
(5)
Brown glass.
(6)
Green glass.
(7)
Aluminum cans.
(8)
Steel (ferrous) cans.
(9)
Bimetallic cans.
(10)
Plastic containers.
(11)
Leaf waste.
(12)
Other recyclable materials as designated by the Board of Supervisors of the Township, effective 30 days after designation of such recyclable materials.
A.
General. It shall be the duty of every owner of property and every person occupying single-family dwelling units of up to four dwelling units within a structure, multifamily establishments, commercial establishments, industrial establishments, and institutional establishments located within the Township wherein recyclables are generated and accumulated, to provide and keep, at all times, a sufficient number of containers to hold all recyclables, except as otherwise specified in this article, between intervals of collection of recyclables, as specified in the regulations to be promulgated pursuant to the terms of § 380-7 of this article, by an authorized collector; and to insure, pursuant to the provisions of this article, the regulations to be promulgated pursuant to the terms of § 380-7 of this article, under this article and applicable State and Federal laws and regulations, the collection, transportation, processing and marketing of the same.
B.
Designation of recyclables to be collected. All recyclables to be collected, transported, processed and marketed by collectors shall be designated by the Board of Supervisors of the Township by regulations to be promulgated pursuant to the terms of § 380-7 of this article. Separate designations of recyclables to be collected, transported, processed and marketed by collectors shall be established as aforesaid for:
C.
Storage and collection of recyclables from single-family dwelling units of up to four dwelling units within a structure.
(1)
Containers. All recyclables generated and accumulated by the owner(s) and/or occupant(s) of single-family dwelling units of up to four dwelling units within a structure shall be placed in containers for collection by an authorized collector. Such containers shall be durable and shall be made of plastic. The capacity of such container shall not exceed 20 gallons. Containers for curbside recyclables shall be as specified by Township or as provided by Township.
(2)
Location of containers. Each container of recyclables shall be placed for collection so as to be accessible to the authorized collector at ground level and at a location immediately behind the curbline of the street from which the collection of recyclables is made or if there is no curbing at a location agreeable among the resident, the Township and the authorized collector. Leaf waste and newspapers shall be collected for recycling at a location to be designated by the Township in the regulations to be promulgated pursuant to the terms of § 380-7 of this article.
D.
Storage and collection of recyclables from multifamily establishments.
(1)
Containers. Recyclables generated and accumulated at multifamily establishments shall be placed in containers approved by the owner(s) of such establishments and approved by the Township.
(2)
Location of containers. Containers of recyclables generated and accumulated by multifamily establishments shall be located on the premises of the owner(s) and/or occupants of such establishments at a place agreed upon by such person(s) and the authorized collector. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways, alleys or entrances and exits of public or private buildings.
E.
Storage and collection of recyclables from commercial establishments, institutional establishments and industrial establishments.
(1)
Containers. Recyclables generated and accumulated at commercial establishments, institutional establishments and industrial establishments shall be placed in containers provided by the owner(s) of such establishments and approved by the Township.
(2)
Location of containers. Containers for recyclables generated and accumulated by multifamily establishments, commercial establishments, institutional establishments, and/or industrial establishments shall be located on the premises of the owner(s) and/or occupant(s) of such establishments at a place agreed upon by such person(s) and the authorized collector. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways, alleys or entrances and exits of public or private buildings.
F.
Responsibility for recyclables. All recyclables placed out for collection shall be owned by, and be the responsibility of the occupants of the same property accumulating and storing such recyclables until the same are collected. Such recyclables shall become the property and responsibility of the collector upon the collector's acceptance and collection of such recyclables.
G.
Processing, recovery and marketing of recyclables. The recycling program herein established by Township shall involve the processing and marketing of recyclables by the Township itself, or by the Township contracting with other entities for such work. All processing and marketing of recyclables shall be performed pursuant to the provisions of the article, the regulations to be promulgated pursuant to the terms of § 380-7 of this article and applicable State and Federal laws and regulations.
H.
Authorized collectors of recyclables. It shall be unlawful for any person other than persons authorized by license issued by the Township, to collect, transport, process and market recyclables in the Township. In the event the Township decides to enter into an exclusive contract for the collection, transportation, processing and marketing of recyclables in the Township, the contractor therein referred to shall be required to collect recyclables in the Township at large or in recycling districts of the Township exclusive of other collectors, subject to the exceptions set forth in the exclusive contract. Authorization to collect, transport, process and market recyclables for persons other than oneself and one's household may be given only by the Township through the issuance of a license. All applications for licenses for collection of recyclables shall comply with the following requirements:
(1)
Licenses for collection, transportation, processing and marketing of recyclables shall be issued to only those persons who can provide satisfactory evidence that the same are capable of providing the necessary services and can comply with the provisions and intent of this article. The Township reserves the right to disapprove any application for such license.
(2)
Applicants for licenses for collection, transportation, processing and marketing of recyclables shall furnish the following information to the Township, in writing, upon forms furnished by the Township:
(a)
The number of collection vehicles; the make, model, license plate number, and size of each vehicle to be used for the collection and transportation of recyclables.
(b)
The location, address, and telephone number of the business office of the applicant.
(c)
A certificate of the applicant's worker's compensation insurance, as required by law.
(d)
A certificate of insurance applying to all operations by the applicant, his/her/its agents and employees as follows:
Forms | Minimum Limits |
|---|---|
Contractor's Public Liability | $500,000/$1,000,000 |
Contractor's Property Damage Liability | $100,000/$300,000 |
Automobile Bodily Injury | $500,000/$1,000,000 |
Automobile Property Damage | $100,000/$300,000 |
The Township shall be named as an additional insured on such certificate of insurance. |
(e)
Intended recycling facility or facilities proposed to be used by the applicant.
(f)
Any other information which the Township may request and deem necessary prior to the issuance of a license for the collection, transportation, processing and marketing of recyclables.
(g)
Licenses shall be issued on a calendar year basis, or for a portion thereof during the initial year of the license period, but may be revoked at any time by the Township for just cause, including, but not limited to, violation of any of the provisions of this article, the regulations to be promulgated pursuant to the terms of § 380-7 of this article, applicable State and Federal law or regulations and contractual arrangements entered into between the applicant and the Township.
I.
Collection and transportation of recyclables. Any person collecting and/or transporting recyclables within the Township shall prevent or remedy any spillage from vehicles or containers used in the collection and transportation of such recyclables. The vehicles used to collect and transport recyclables shall be leak-proof and enclosed to the extent necessary to ensure no loss or spilling of recyclables from vehicles. Failure by a collector of recyclables to clean and remove the loss or spillage of recyclables from vehicles or containers used to collect and transport recyclables within three hours after being notified by the Township of the same shall constitute a violation of this article. The Township shall have the authority to inspect the vehicles used for collection and transportation of recyclables.
J.
Unlawful depositing of recyclables. It shall be unlawful for any person to deposit for collection any recyclables not generated at the address from which collection is made or to bring any recyclables into the Township or from one address to another in the Township for the purpose of taking advantage of the collection and transportation service or to avoid the cost of collection and transportation of any recyclable.
K.
Exclusions.
(1)
Nothing contained in this article shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal waste from hauling his/her own municipal waste and that of the household of which he/she is a member on an irregular or unscheduled basis for processing and marketing in accordance with applicable State and Federal laws and regulations.
(2)
In implementing its recycling program, the Township accords consideration for the collection, marketing and disposition of recyclables to persons engaged in the business of recycling on September 26, 1988, the effective date of Chapter 15 of the Municipal Waste Planning, Recycling and Waste Reduction Act, whether or not the persons were operating for profit.
[Amended 12-23-1990 by Ord. No. 220]
A.
To encourage and maximize recycling, all service fees, billings and charges imposed by the Township and/or authorized collectors upon the generation of recyclables in the Township shall be based upon the volume of recyclables collected. To effectuate this subsection, the following guidelines are established:
(1)
Collectors of recyclables shall be required, prior to obtaining a license from the Township, to file with the Office of the Manager of the Township a complete schedule of rates evidencing that such rates are established on a volume basis. Whenever the rate schedule changes, or annually upon license renewal, the collector of recyclables shall file a revised rate schedule with the office of the Manager of the Township.
(2)
An exclusive contract for the collection of recyclables generated and accumulated from single-family dwellings units of up to four dwelling units within a structure shall include provisions for billing such units on a volume basis. This provision shall not preclude the Township or its contractors from establishing a minimum charge for the collection, transporting, processing and marketing of recyclables as an assessment against such single-family dwelling unit for the benefit of the health and welfare of the Township and for having a recycling program available to the owner(s) and/or tenant(s) of such single-family dwelling units in the Township. Such minimum charges shall be set at a level that is appropriate to cover the basic cost of the collection, processing, transportation, processing and marketing of recyclables, but shall not be set so high as to discharge recycling.
B.
The Township establishes a minimum charge of $20, per annum, upon the owner(s) and/or tenant(s) of each single-family dwelling unit of up to four dwelling units within a structure located in the Township for the collection, transporting, processing and marketing of recyclables as an assessment against such single-family dwelling unit for the benefit and preservation of the health, safety and welfare of the inhabitants of the Township and for having a recycling program available to the owner(s) and/or tenant(s) of such single-family dwelling units in the Township. Payments of charges imposed hereunder shall be due and payable upon the applicable billing date, determined from time to time by the Township, at the office of the Secretary of Township. If any such charge is not paid within 60 calendar days after the applicable billing date, an additional sum of 10% shall be added to such charge.
All multifamily establishments, commercial establishments, industrial establishments and institutional establishments conducting their own recycling program shall file with and have approved by the Township, industrial recycling programs which shall provide for the recycling of materials set forth in the regulations to be promulgated pursuant to the terms of § 380-7 of this article.
The Board of Supervisors of the Township shall establish and promulgate regulations relating to the implementation of the recycling program herein established including, but not limited to, the manner, days, and times of collection of recyclable materials, and for the bundling, handling, location and time and placement of such materials for collection.
Each collector of recyclables within the Township shall file quarterly reports on a form prepared and furnished by the Township and completed by such collector. The form shall state the total weight or volume of recyclables collected, processed, transported and marketed by such collector during the quarterly period of time, the names and addresses of the facilities to which such collector transports recyclables for processing and marketing, together with other information deemed necessary by the Township to carry out the purpose of this article. The form shall be signed by the collector.
The Code Enforcement Officer of the Township or such other individual appointed by the Board of Supervisors of the Township is authorized and directed to enforce this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Whoever violates or does not comply with any provision of this article or any regulation to be promulgated pursuant to the terms of § 380-7 of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge 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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.
In the event any provision, section, sentence, clause or part of this article shall be held to be invalid, illegal or unconstitutional, such invalidity, illegality, or unconstitutionality shall not effect or impair any remaining provision, section, sentence, clause or part of this article, it being the intent of the Board of Supervisors of the Township that such remainder shall remain in full force.