[HISTORY: Adopted by the Board of Supervisors of Falls Township 9-20-1990 by Ord. No. 90-10. Amendments noted where applicable]
The short title of this chapter shall be the "Township of Falls Commercial Recycling Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- ALUMINUM PRODUCTS
- Products comprised solely of aluminum. This would include, among other items, all empty aluminum beverage and food containers.
- BIMETAL CONTAINERS
- Empty containers made of both ferrous material and aluminum used typically, but not exclusively, for food and beverages.
- All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but shall not mean wax-coated or soiled cardboard.
- COMMERCIAL ESTABLISHMENT
- Private properties used primarily for nonresidential purposes, including but not limited to commercial and industrial purposes, multiple-dwelling residential buildings containing more than four dwelling units, condominiums and condominium associations or mobile home parks.
- COMMUNITY ACTIVITIES
- 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 100 or more individuals per day.
- CURBSIDE COLLECTION PROGRAM
- The scheduled collection and transportation of recyclable material placed at the curbline by residents.
- FERROUS CONTAINERS
- Empty steel or tin containers used typically, but not exclusively, for food or beverages.
- All commercial products made from silica or sand, soda ash and limestone. The product may be transparent, translucent or colored and all other material commonly known as "glass" which may be used as a container for packing or bottling of various products. Expressly excluded are plate glass, blue glass and porcelain or ceramic products.
- HIGH-GRADE OFFICE PAPER
- Any bond, copier, letterhead or mimeograph paper (typically sold as white ledger paper) and computer paper.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, for example, but not limited to, hospitals, schools and nursing homes.
- LEAF WASTE
- Leaves, garden residue, shrubbery and tree trimmings. It does not include grass clippings.
- MAGAZINES AND PERIODICALS
- Printed matter other than newspaper, as defined hereinbelow, containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other products of any nature.
- Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and/or containing advertisements and other matters of public interest. Excluded are newspapers which have been contaminated, i.e., used in litter boxes, birdcages, food wrapping, etc., rendering them unfit for recycling purposes.
- Managers, owners, lessees or occupants of residences or commercial or institutional establishments.
- PLASTIC CONTAINERS
- Empty plastic containers used typically, but not exclusively, for food and beverages. Due to the large variety of plastics manufactured, the recycling regulations may stipulate specific types which may be recycled.
- RECYCLABLE MATERIALS
- Those materials specified by the municipality to be recycled. The list of materials is specified in the Solid Waste Collection Regulations. This list of materials may be revised from time to time as deemed necessary by the Township Manager or his designee.
- SOLID WASTE
- All refuse (garbage and rubbish) and other discarded solid material normally collected by a municipal or private hauler.
There is hereby established a program for the mandatory segregation of recyclable materials from solid waste by commercial and institutional establishments, as defined in § 181-2 hereinabove. All commercial and institutional establishments located or doing business in Falls Township shall establish a recycling program for the mandatory segregation and collection of designated recyclables, as defined in § 181-2, on or before September 30, 1990.
All commercial and institutional establishments located or doing business in Falls Township shall be required to separate the following recyclable materials, as designated by the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act, otherwise known as "Act 101": cardboard, high-grade office paper, aluminum and leaf waste. If a commercial or institutional establishment does not generate one or more of the above, one or more of the other recyclable materials scheduled in the list of materials promulgated in accordance with § 181-2 may be substituted for the ones listed in this section. At no time may any commercial and/or institutional establishment separate fewer than three items of recyclable materials from the waste stream.
Editor's Note: See 53 P.S. § 4000.101 et seq.
Community activities, as defined in § 181-2, shall be required to separate all recyclable materials generated on the site of the designated activity. Recyclable materials may be taken to an independent recycling facility or may be taken to the public drop-off center. Community activities shall not be subject to the reporting requirements of §§ 181-5B and 181-6B of this chapter.
The owner, operator, manager or superintendent of every commercial and institutional establishment located in or doing business in Falls Township shall provide and maintain, in a neat and sanitary condition, recylcing collection areas to receive designated recyclable materials, designated for collection, as per § 181-3, which are generated by deliveries or employees. In cases where a condominium, cooperative homeowners' or similar association exists, the association shall be responsible for providing and maintaining recycling collection areas. Said recycling collection areas shall be constructed and capable of receiving designated recyclable materials. If the establishment chooses to implement a curbside collection program in a manner satisfactory to the Township Environmental Officer, storage areas shall not be required.
The person who owns, manages or operates the commercial or institutional establishment where the recyclables are generated ("generator") or the person contractually obligated to the generator shall be responsible for the arrangements for the collection of recyclable materials. Such arrangements may include, without limitation, direct marketing of recyclable materials, contracts with permitted solid waste collectors/ transporters for separate collection of any or all designated recyclables or direct delivery to a designated processing facility.
Commercial and institutional establishments must arrange for recyclable materials to be collected and/or delivered to the designated recycling facility at least once per month.
Commercial or institutional establishments may enter into a contract with a processing facility for the processing of commingled municipal waste to remove recyclable materials to satisfy the requirements of this chapter. The contract must ensure that at least 25% of the waste delivered to the processing facility is recycled.
Registration requirements. It shall be the responsibility of owners or operators of commercial and institutional establishments to register annually with the Township of Falls on a form provided by the township. The annual registration must be filed with the township on or before January 15 of each year. All commercial and institutional establishments must register within 45 days of the date that Falls Township issues to them a certificate of use and occupancy or similar approval indicating that they have commenced operation in Falls Township. A registration fee of $25 will be paid annually at the time of registration.
Reporting requirements. It shall be the responsibility of all owners and/or operators of commercial or institutional establishments to report quarterly to the township, on or before the 15th day following the initial registration, the quantities of materials and logistics of the recycling program on forms provided by the township. All owners and/or operators of commercial or institutional establishments are required to keep all receipts and records on file for a period of three years.
Registration requirements. It shall be the responsibility of owners or operators of hauling companies that collect recyclable materials from commercial and institutional establishments within Falls Township to register annually with Falls Township on a form provided by the township. The registration must be filed with the township on or before the 15th day of January of each year. All haulers must register with the township before collecting any recyclable materials. A registration fee of $100 will be paid annually at the time of registration. Haulers will be required to carry a copy of the signed receipt indicating that the registration fee has been paid.
Reporting requirements. It shall be the responsibility of all registered haulers to report quarterly to the township, on or before the 15th day following the end of each calendar quarter (January 15, April 15, July 15 and October 15), the total quantities of each different recyclable material collected within Falls Township, on forms provided by the Department. All haulers are required to keep all receipts and records on file for a period of three years.
It shall be a violation of this chapter for any person(s), not registered with the township to collect or pick up or cause to be collected or picked up any recyclable material generated within Falls Township. Each collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
The Township Manager or his designee is authorized and directed to enforce this chapter. The same is hereby authorized to establish and promulgate reasonable regulations as to the manner, materials, days and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this chapter. The Township Manager or his designee may change, modify, repeal or amend any portion of said rules and regulations at any time.
The Township Manager or his designee shall, within 30 days of the adoption of this chapter and at least once every six months thereafter, notify all persons occupying commercial and/or institutional premises within the township of the requirements of this chapter.
[Amended 1-25-2001 by Ord. No. 2001-1]
Any person, firm or corporation who violates or permits a violation of this chapter shall be subject to a civil enforcement proceeding and, upon conviction, shall be sentenced to pay a civil penalty of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this chapter. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to file a complaint for such violation and seek any other available relief at law or equity, including injunction, to enforce compliance with this chapter.
Commercial and/or institutional establishments may donate or sell recyclable materials to individuals or organizations without violating this chapter. Any such donation or sale must be documented as required by §§ 181-5B and 181-6B. These materials must be delivered to the individual's or organization's site.