[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:
Products comprised solely of aluminum. This would include,
among other items, all empty aluminum beverage and food 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.
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.
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.
The scheduled collection and transportation of recyclable
material placed at the curbline by residents.
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.
Any bond, copier, letterhead or mimeograph paper (typically
sold as white ledger paper) and computer paper.
Those facilities that house or serve groups of people, for
example, but not limited to, hospitals, schools and nursing homes.
Leaves, garden residue, shrubbery and tree trimmings. It
does not include grass clippings.
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.
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.
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.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by a municipal or private hauler.
A.Â
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.
B.Â
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":[1] 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.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
C.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
