[Amended 10-21-2024 by Ord. No. HR-483]
This article shall be known and may be cited as the "Tredyffrin
Township Recycling Ordinance."
There is hereby established a program for the mandatory source
separation and collection of recyclable materials in Tredyffrin Township,
Chester County, Pennsylvania. No person shall collect, remove, treat,
transport, or dispose of recyclable materials and leaf waste in Tredyffrin
Township except in accordance with this article. The use of a registered
and approved collector will not relieve any person from compliance
with this article.
As used in this article, the following terms shall have the
following meanings:
The statewide recycling requirement in Pennsylvania known
as the Municipal Waste Planning Recycling and Waste Reduction Act
of 1988.[1]
Empty beverage and food containers, trays and plates comprised
of 100% aluminum.
Person registered and approved by Tredyffrin Township to
collect, remove, transport, and dispose of municipal waste, recyclable
materials, and/or leaf waste for owners or occupants of single-family
residential establishments, multifamily residential establishments,
commercial establishments, institutional establishments, and municipal
establishments in Tredyffrin Township.
Empty food or beverage container made of steel with a thin
plating of tin over the steel.
A building or buildings used or designed for use for commercial
purposes, including wholesale, retail, industrial, manufacturing,
transportation, financial or professional services, offices, businesses,
or other commercial activities.
Events sponsored in whole or in part by Tredyffrin Township
or conducted within Tredyffrin Township and sponsored privately, which
include, but are not limited to, fairs, bazaars, socials, picnics
and organized sporting events that will be attended by 200 or more
individuals per day.
A structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
The placement of recyclable materials at the curbline or
other location adjacent to Township streets and roads as established
by the Township and/or approved collector. Recycling containers shall
not be placed on the paved portion of a roadway or sidewalk or otherwise
obstruct the flow or vision of motorists or pedestrians traveling
on adjacent roads, streets, or sidewalks.
One or more rooms in a residential establishment in which
rooms have fixed cooking facilities arranged for occupancy by one
or more people in each room.
Empty bottles, jars, and food and beverage containers made
of clear, blue, green, brown, or amber glass, excluding plate glass,
window glass, automotive glass, porcelain, ceramic products, and glass
ornaments.
Of or pertaining to any establishment engaged in service
to persons, including but not limited to hospitals, nursing homes,
orphanages, schools, universities, churches and social or fraternal
societies and organizations.
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
A periodical publication containing a collection of articles,
stories, photographs, illustrations, and other features usually bound
with a paper cover and printed in one or more colors on glossy or
chemically coated paper, excluding newsprint and all other paper or
fiber materials.
Recyclable paper materials including paperboard/boxboard,
junk mail, and other designated recyclable paper. Excludes cardboard
containers, magazines, office paper, and newsprint.
A building or buildings under single or multiple ownership
and designed as a residence for four or more families living independently
of each other and doing their own separate cooking therein, including
apartments, townhomes, or condominiums.
Of or pertaining to any office or other property under the
control of any branch or arm of the Federal Government of the United
State of America, the Commonwealth of Pennsylvania, or any political
subdivision of the Commonwealth of Pennsylvania including, but not
limited to, the Township of Tredyffrin, any counties, cities, townships,
and municipal authorities.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or gaseous
material, resulting from the operations of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residential or hazardous
waste 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 municipal, commercial or institutional water supply treatment plant,
wastewater treatment plant or air pollution control facility. The
term does not include source-separated recyclable materials or leaf
waste.
Paper distributed at fixed or stated intervals, usually daily
or weekly, having printed thereon news and opinions and containing
advertisements and other matters of public interest.
Any white printed or unprinted sheets of ledger, bond, writing,
or other papers, including letterwriting stationary, note paper, computer
paper, envelopes, and other general purpose paper, including shredded
paper.
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.
Empty and clean plastic containers that contained food, beverage,
cleaning, laundry, and other household products. Includes only rigid
containers marked with a recycling symbol and a single number (i.e.,
1, 2, 3, 4, 5, 6, or 7). Examples include soda and water bottles,
milk and water jugs, laundry soap containers, produce and other food
containers, and soap bottles. Excludes expanded polystyrene containers.
Those separated materials specified by Tredyffrin Township
for collection in accordance with this article and recycling regulations
that may be promulgated from time to time for separation, collection,
processing, and recovery as part of a recycling program. These materials
may include aluminum, bi-metal containers, cardboard, glass, leaf
waste, magazines, mixed paper, newspaper, high-grade office paper,
and plastic.
The separation, collection, processing, and recovery and
sale or reuse of recyclable materials, which could otherwise be disposed
of or processed as municipal waste.
A container designated by the property owner or resident
for the storage of recyclable materials. A recycling container may
be provided by the property owner, resident or tenant, or the approved
collector. A container must be durable and be at least 30 gallons
in size with a label indicating the container is for recyclable materials.
Any person that owns, leases or occupies a property located
in Tredyffrin Township used as a residence.
Of or pertaining to any occupied dwelling unit for human
habitation, except multifamily residential establishment with four
or more units. Home occupations incidental to the residential use
within a dwelling unit are considered a "residential establishment."
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
All persons in the Township must contract with an approved collector
for the separate curbside or similar location collection of recyclable
materials and leaf waste.
Persons may self-haul recyclable materials and leaf waste to
a state-authorized recycling facility in lieu of contracting for curbside
recyclable material and leaf waste collection services. Persons opting
to self-haul materials must receive prior approval from the Township
to self-haul, retain receipts and/or weigh tickets that document the
quantity of recyclable materials and leaf waste disposed, and submit
annual reports to the Township documenting their name, address, quantities
of each material self-hauled, name and address of facility where materials
were self-hauled, and other information as required by the Township.
Reports must be submitted within 30 days of the end of each calendar
year for the previous year.
Except as otherwise provided herein, all persons owning or occupying
single-family residential establishments shall separate all recyclable
materials from municipal waste. Recyclable materials shall be placed
in recycling containers and the recycling containers placed curbside
or in another designated location for collection by an approved collector.
A.
Separate collection of recyclable materials shall be arranged with
an approved collector by the owner or occupants of each single-family
residential establishment. Owners or occupants of each single-family
residential establishment and the approved collector shall establish
a collection frequency that shall occur no less than once every other
week.
B.
Requirements for collection.
(1)
All recyclable materials must be placed in a recycling container
separate from municipal waste. Recycling containers may be provided
by the approved collector, property owner, or resident.
(2)
Recyclable materials must be prepared to prevent the materials from
being blown about or littered on Township streets or on private property.
This may include placement of recyclable materials in recycling containers.
(3)
No persons shall place recyclable materials in containers used for
the collection of municipal waste and no municipal waste shall be
placed in recycling containers.
(4)
Containers shall be placed at the curbside or another location as
designated by an approved collector for collection. Under no circumstances
shall containers be placed on the paved portion of a roadway or sidewalk
or otherwise obstruct the flow or vision of motorists or pedestrians
traveling on adjacent roads, streets, or sidewalks.
(5)
From and after the effective date hereof, in Tredyffrin Township,
no person, partnership, firm or corporation shall place containers
for recyclables at the curb or in the front yard area of any lot,
except during the period beginning at 4:00 p.m., prevailing time,
on the day prior to collection and ending at 12:00 midnight on the
day of a scheduled collection. "Front yard area" shall mean the area
between the street line and the first building on the lot.
(6)
Recyclable materials must be clean and dry and prepared according
to the requirements of the Township or approved collector.
C.
Nothing herein shall be deemed to impair the ownership of recyclable
materials by the person who generated them unless and until such materials
are placed at the curb or similar location for collection by the approved
collector.
A.
Owners, landlords, or agents of owners or landlords of a multifamily
residential establishment must establish a system for source-separation,
collection, transportation, and recycling of the recyclable materials
generated at multifamily residential establishments. The system must
include an appropriate number of labeled recycling containers at easily
accessible locations to accommodate the amount of recyclable materials
generated at each multifamily residential establishment. The system
must also include written instructions to the residents of multifamily
residential establishments to inform them of the requirement to recycle
and the use and availability of the collection program. The Township
reserves the right to require additional recycling containers if the
Township deems there is insufficient recycling containers to serve
residents.
B.
Owners, landlords, or agents of owners or landlords of multifamily
residential establishments must contract with an approved collector
for the separate collection of recyclable materials.
C.
No persons shall place recyclable materials in containers used for
the collection of municipal waste and no municipal waste shall be
placed in containers designated for the collection of recyclable materials.
D.
Separate collection of recyclable material shall be arranged by the
owner, landlord, or agent of an owner or landlord of a multifamily
residential establishment and the approved collector, but shall occur
no less than once every other week. More frequent collection of recyclable
materials may be necessary to prevent recycling containers from being
overfilled and cause materials to be blown about or littered on Township
streets and private property.
E.
The owner, landlord, or agent of an owner or landlord of multifamily
residential establishments must provide a written report to the Township
that lists the approved collector collecting recyclable materials,
the name and address of the property that recyclable materials are
collected, the total quantity of each recyclable material collected,
and the name and affiliation of the person submitting the report.
Reports are to be completed on a form supplied by the Township and
shall be submitted annually, 30 days after the close of each calendar
year.
F.
Owners, landlords, or agent of an owner or landlord who comply with
this article shall not be liable for the noncompliance of residents.
A.
Owners, landlords, or agents of owners or landlords of a commercial,
institutional, or municipal establishment must establish a system
for source-separation, collection, transportation, and recycling of
recyclable materials generated at each building. The system must include
an appropriate number of labeled recycling containers at easily accessible
locations to accommodate the amount of recyclable materials generated
at each building. It must also include written instructions to the
tenants or occupants of commercial, institutional, and municipal establishments
to inform them of the requirement to recycle and the use and availability
of the collection program. The Township reserves the right to require
additional recycling containers if the Township deems there is insufficient
containers to serve occupants or tenants.
B.
Owners, landlords, or agents of owners or landlords of a commercial,
institutional, and municipal establishments must contract with an
approved collector for the separate collection of recyclable materials.
C.
No persons shall place recyclable materials in containers used for
the collection of municipal waste and no municipal waste shall be
placed in containers designated for the collection of recyclable materials.
D.
Separate collection of recyclable material shall be arranged by the
owner, landlord, or agent of an owner or landlord of a commercial,
institutional, or municipal establishment and the approved collector,
but shall occur no less than once every other week. More frequent
collection of recyclable materials may be necessary to prevent recycling
containers from being overfilled and cause materials to be blown about
or littered on Township streets and private property.
E.
The owner, landlord, or agent of an owner or landlord of a commercial,
institutional, or municipal establishment must provide a written report
to the Township that lists the approved collector collecting recyclable
materials, the name and address of the property that recyclable materials
are collected, the total quantity of each recyclable material collected,
and the name and affiliation of the person submitting the report.
Reports are to be completed on a form supplied by the Township and
shall be submitted annually, 30 days after the close of each calendar
year.
A.
The organizers or sponsors of a community activity must establish
a system for source separation, collection, transportation, and recycling
of aluminum, plastic, glass, cardboard, high-grade office paper, and
leaf waste. Arrangements for the source separation and collection
of these materials shall be the responsibility of the organizers or
sponsors.
B.
The organizers or sponsors of a community activity must establish
a collection system that includes an appropriate number of recycling
containers at easily accessible locations to accommodate the amount
of recyclable materials generated. Community activity organizers and
sponsors must provide signage and/or labels on recycling containers
to indicate what recyclable materials are to be source-separated by
event participants.
C.
Organizers or sponsors must contract with an approved collector for
the collection of recyclable materials.
D.
Organizers or sponsors of a community activity must provide a written
report to the Township that lists the name of the community activity,
the approved collector collecting recyclable materials, the total
quantity of each recyclable material collected, and the name and affiliation
of the person submitting the report. Reports are to be submitted to
the Township no later than 30 days upon the conclusion of the event.
A.
It is prohibited and will be deemed a violation hereof for any person
in the Township to put or cause to put leaf waste with municipal waste.
Leaf waste shall be source-separated from municipal waste and recyclable
materials generated on any property in the Township and stored in
containers and/or bags until collection.
B.
Nothing herein shall prevent any person from utilizing leaf waste
for compost, mulch, or other agriculture, horticulture, or landscaping
purposes on the property where the leaf waste is generated.
C.
Leaf waste shall be collected curbside or at a similar location by
an approved collector, separate from municipal waste and recyclable
materials, at a frequency of no less than once per month. Additionally,
in accordance with Act 101, Township leaf waste drop off site(s) shall
be available to residents at a frequency of no less than once per
month. The location(s) and hours of operation for the Township leaf
waste drop off site(s) will be posted on the Township website and
posted in an area of the Township building which is accessible to
the public.
D.
The owner, landlord, or agent of an owner or landlord of a multifamily
residential, commercial, institutional, or municipal establishment
must provide a written report to the Township that lists the approved
collector collecting leaf waste, the name and address of the property
that leaf waste is collected, the total quantity of leaf waste collected,
the name of the facility approved by the state to receive collected
leaf waste, and the name and affiliation of the person submitting
the report. Reports are to be completed on a form supplied by the
Township and shall be submitted annually, 30 days after the close
of each calendar year.
A.
Collection by a person who has not been approved. From the time of
recyclable material placement at the curb or other designated location,
it shall be a violation of this article for any person who has not
been approved by the Township to collect or pick up recyclable materials.
Any and each collection in violation hereof from one or more locations
shall constitute a separate and distinct offense punishable as hereafter
provided.
B.
Burning of recyclable materials and leaf waste. The burning of recyclable
materials and leaf waste shall be prohibited at all times in the Township.
C.
Littering/illegal dumping. It is unlawful for any person in the Township
to dump or deposit recyclable materials, leaf waste, municipal waste,
or any other refuse on any private or public property or grounds in
the Township.
D.
Overfilling containers. Containers of recyclable materials, leaf
waste, municipal waste, or any other refuse must not be overfilled
to provide for or allow materials to become displaced by natural or
manufactured elements.
E.
Storing/stockpiling materials. All persons in the Township are prohibited
from storing, processing, or disposing of recyclable material on a
property except at a facility or in preparation for the collection
by an approved collector as provided herein. Notwithstanding the forgoing,
leaf waste may be composted on site.
F.
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 Township Board of
Supervisors pursuant to this article.
Nothing in this article or any regulation promulgated pursuant
hereto shall be deemed to impair the ownership of recyclable materials
and leaf waste by the persons who generated them unless and until
separated materials are placed at curbside or similar location for
collection by an approved collector.
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 separated materials
are placed at curbside or similar location and collected by an approved
collector.
A.
Penalties. Any person who violates any provision of this article
or of the regulations adopted hereunder or any person who engages
in unlawful conduct as defined in this article shall, upon conviction
thereof in a summary proceeding before a District Justice, be sentenced
to pay a fine of not more than $1,000 and not less than $50 or to
imprisonment for a term not exceeding 90 days. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense. Each section of this article
that is violated shall also constitute a separate offense.
B.
Injunction. In addition to any other remedy provided in this article,
Tredyffrin Township may institute a suit in equity where unlawful
conduct or a public nuisance exists as defined in this article for
an injunction to restrain a violation of this article or any rules,
regulations or resolution promulgated or issued by the Board of Supervisors
pursuant to this article.
C.
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 to best achieve and effectuate the goals and purposes hereof.
This article shall be construed in pari materia with the Pennsylvania
Code of Regulations, Storage, Collection, and Transportation of Municipal
Waste and Act 101, and the rules and regulations adopted thereunder.
