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:
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 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.
Empty food or beverage container made of steel with a thin
plating of tin over the steel.
A structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
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.
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.
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 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 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.
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 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.
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 authorized 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.
Recyclable material collection frequency shall be set by the owner,
landlord, or agent of an owner or landlord of a multifamily residential
establishment and the authorized collector, but shall occur no less
than once a week. More frequent collection 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 authorized 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
authorized 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.
Recyclable material collection frequency shall be set by the owner,
landlord, or agent of an owner or landlord of a commercial, institutional,
or municipal establishment and the authorized collector, but shall
occur no less than once a 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 authorized 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 authorized 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 authorized 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.
All persons in the Township shall arrange to have leaf waste collected
curbside or similar location by an authorized collector separate from
municipal waste and recyclable materials at a frequency of no less
than once per month, or have available drop off sites provided by
the Township open to the residents at least one time per month.
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 authorized
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 authorized 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.
It shall be unlawful for any person to comingle hazardous or residual
waste, as defined in Act 101, with municipal waste, recyclable materials,
and/or leaf waste or to discard or otherwise dispose of hazardous
or residual waste except by disposition in compliance with applicable
state and federal laws and regulations. For specific material recycling
and disposal requirements, refer to the Chester County Solid Waste
Authority or Pennsylvania Department of Environmental Protection guidelines.
B.
It shall be unlawful for any person to comingle a lead-acid battery
with municipal waste, recyclable materials, and/or leaf waste or to
discard or otherwise dispose of a lead-acid battery except by delivery
to an automotive battery retailer or wholesaler, to a secondary smelter
permitted by the U.S. Environmental Protection Agency, or to a collection
or recycling facility authorized under the laws of Pennsylvania.
C.
In accordance with Act 108, no person may dispose of a covered device
or any of its components with municipal waste. This type of waste
requires special collection and disposal arrangements. Information
on how to recycle covered devices may be obtained by the Chester County
Solid Waste Authority or Pennsylvania Department of Environmental
Protection. The Township accepts select covered devices for recycling
at the Township Building during normal operating hours.
D.
Large and small appliances containing Freon may not be combined with
municipal waste. These appliances contain chlorofluorocarbons and
Freon that must be removed by a certified professional, and these
should be taken to a Freon-certified handler. Freon containing appliances
may include refrigerators, freezers, air conditioning units, dehumidifiers,
and water coolers.
A.
Collection by unauthorized persons. 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 unauthorized 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 authorized collector as provided herein. Notwithstanding the
forgoing, leaf waste may be composted onsite.
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 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.
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.
