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 authorized collector will not relieve any person from
compliance with this article.
As used in this article, the following terms shall have the
following meanings:
ACT 101
The statewide recycling requirement in Pennsylvania known
as the Municipal Waste Planning Recycling and Waste Reduction Act
of 1988.
ALUMINUM
Empty beverage and food containers, trays and plates comprised
of 100% aluminum.
AUTHORIZED COLLECTOR
Person registered and authorized 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.
BI-METAL CONTAINERS
Empty food or beverage container made of steel with a thin
plating of tin over the steel.
CARDBOARD
A structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
COMMERCIAL ESTABLISHMENT
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.
COMMUNITY ACTIVITY
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.
CURBSIDE COLLECTION
The placement of recyclable materials at the curbline or
other location adjacent to Township streets and roads as established
by the Township and/or authorized 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.
DWELLING UNIT
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.
GLASS
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.
INSTITUTIONAL ESTABLISHMENT
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.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
MAGAZINE
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.
MIXED PAPER
Recyclable paper materials including paperboard/boxboard,
junk mail, and other designated recyclable paper. Excludes cardboard
containers, magazines, office paper, and newsprint.
MULTIFAMILY RESIDENTIAL ESTABLISHMENT
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.
MUNICIPAL ESTABLISHMENT
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.
MUNICIPAL WASTE
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.
NEWSPAPER
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.
OFFICE PAPER
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.
PERSON
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.
PLASTIC
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.
RECYCLABLE MATERIALS
Those 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.
RECYCLING
The separation, collection, processing, and recovery and
sale or reuse of recyclable materials, which could otherwise be disposed
of or processed as municipal waste.
RECYCLING CONTAINER
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 authorized
collector. A container must be durable, and be at least thirty-gallons
in size with a label indicating the container is for recyclable materials.
RESIDENT
Any person that owns, leases or occupies a property located
in Tredyffrin Township used as a residence.
SINGLE-FAMILY RESIDENTIAL ESTABLISHMENT
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."
SOURCE-SEPARATION
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
All persons in the Township must contract with an authorized
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 authorized
collector.
A. Separate collection of recyclable materials shall be arranged with
an authorized collector by the owner or occupants of each single-family
residential establishment. Owners or occupants of each single-family
residential establishment and the authorized collector shall establish
a collection frequency that shall occur no less than once per week.
B. The owner or occupant of the single-family residential establishment
must obtain information from their authorized collector on how recyclable
materials should be prepared for collection.
C. 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 authorized 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 authorized 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) No container shall be placed at the curb or in the front yard on
any lot before 6:00 p.m. on the night prior to the scheduled collection.
(6) Recyclable materials must be clean and dry and prepared according
to the requirements of the Township or authorized collector.
D. 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 authorized
collector.
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 authorized 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 authorized
collector.
The collection of municipal waste and recyclable materials by
municipal waste collectors and the preparation and collection of municipal
waste and 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 Supervisors of Tredyffrin Township to carry
out the intent and purpose of this article. Such rules and regulations
shall be approved by resolution of the Board of Supervisors and, when
so approved, shall have the same force and effect as the provisions
of this article. Said rules and regulations may be amended, modified
or repealed by resolution of the Board of Supervisors.
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.