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Borough of Lansdowne, PA
Delaware County
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Table of Contents
Table of Contents
[Adopted 8-15-1990 by Ord. No. 1097; amended in its entirety 5-5-2010 by Ord. No. 1252]
The Borough of Lansdowne hereby establishes a program for the reduction of the amount of solid waste, which has been added to the municipal solid waste program in Delaware County and the State of Pennsylvania, and the conservation of certain recyclable material, as defined herein, by the separation and collection thereof in the Borough of Lansdowne.
This article is adopted pursuant to Section 1501 of Act 1988-101[1] (approved July 28, 1988, by the Governor of the State of Pennsylvania).
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
As used in this article, the following definitions shall apply:
CANS
Containers comprised of aluminum, tin, steel or a combination thereof which contain or formerly contained only nonaerosol substances.
CARDBOARD
All corrugated or other cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled cardboard.
CATALOGS
Printed material soliciting products for sale to the reader.
COMMERCIAL
Includes all business and industrial uses but not residential uses of property.
COUNTY PLAN
The district solid waste management plan for Delaware County as approved by the Pennsylvania Department of Environmental Protection.
GLASS BOTTLES/JARS
Any bottles or jars made from melted sand formed into a container.
JUNK MAIL/ENVELOPES
Mail received but not for a specific purpose and container that mail is mailed in.
LEAVES
Tree and plant leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
MAGAZINES
Magazines and other materials printed on similar paper.
MUNICIPALITY
The Borough of Lansdowne.
NEWSPAPER
A newspaper and other materials printed on newsprint.
PAPER (ANY GRADE)
Printing and writing papers not considered newspaper, including, without limitation, printed white ledger and computer print and notebook paper.
PAPERBOARD
A heavier and thicker paper used as cereal boxes and beer and soda carriers.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency (including but not limited to the Department of General Services and the State Public School Building Authority) or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions 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 other legal entity having officers and directors.
PLASTIC BOTTLES (NUMBER ONE OR NUMBER TWO)
Any plastic bottle labeled on the bottom with a SPI Code number 1 or number 2.
PUBLIC INFORMATION AND EDUCATION PROGRAM
A program developed and provided by the municipality to inform and encourage residents to use the recycling collection services.
RECYCLABLE MATERIALS
Any of the following materials, as established by the Borough Council from time to time by resolution: cans, cardboard, catalogs, glass bottles/jars, junk mail/envelopes, magazines, newspaper, paper (any grade), paperboard, plastic bottles (number one or number two), telephone/soft-covered books and/or yard waste.
RECYCLING
Any process by which material which would otherwise become solid waste is collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING COLLECTION SERVICES
Those services to be performed as follows:
A. 
The collection of recyclable materials from locations within the municipality.
B. 
The delivery of recyclable materials to a recycling facility.
RECYCLING CONTAINERS
A container approved by the municipality for the storage of recyclable materials.
RECYCLING DROPOFF
Any facility designed and operated solely for the receiving and storing of materials which are to be returned to the economic mainstream instead of becoming part of the solid waste stream.
SINGLE-STREAM RECYCLING
Co-mingling of several recyclable materials into one container for processing and pickup.
SOLID WASTE
Waste, including but not limited to municipal, commercial, institutional or industrial waste.
SOURCE-SEPARATE
To separate recyclable materials from the solid waste stream at the point of waste generation.
TELEPHONE/SOFT-COVER BOOKS
Printed material with non-hard-bound covers used for reading or listing of phone numbers.
YARD WASTE
Tree limbs and branches may not exceed eight inches in diameter or six feet in length; the term does not include leaves or grass clippings.
The Borough Council shall have the authority to adopt, modify and amend recycling regulations from time to time by resolution, including, without limitation, regulations regarding which recyclable materials must be recycled and regulations requiring residents to source-separate recyclable materials or place recyclable materials for collection through single-stream recycling. Violations of any such regulations shall be deemed to be violations of this article and subject to the same penalties hereunder.
A. 
Except as otherwise herein provided, all persons owning or occupying residential property in the Borough of Lansdowne shall recycle all recyclable materials (as determined by Council by resolution from time to time) generated at their homes, apartments and other residential establishments in the Borough of Lansdowne and place such materials at locations designated by the Borough Council for collection by the Borough of Lansdowne or its agents, servants or contractors.
B. 
Collections by the Borough of Lansdowne of recyclable materials shall be made in accordance with a schedule of areas and dates to be publicly advertised by the Borough of Lansdowne.
C. 
All recyclable materials placed by residents for collection pursuant to the program established under this article shall be prepared for collection in a secure manner so as to prevent such recyclable materials from being blown about or otherwise scattered upon the streets or private property within the Borough.
D. 
The owners of multifamily residential properties with four units but fewer than seven units may elect not to be served by the collection system operated by the Borough of Lansdowne, but any such owners so electing must so advise the Borough of Lansdowne, in writing, of such election within 30 days of the date of the Borough of Lansdowne's publication of an appropriate notice in a newspaper of general circulation within the Borough of Lansdowne. After such election, each owner shall have the responsibility to make private arrangements for collection and proper disposal of the designated recyclables set forth in this article. Such arrangements may include, without limitation, direct marketing of recyclables, delivery to a dropoff or contracts with solid waste collectors/haulers for separate collection of any or all designated recyclables. Arrangement must include suitable containers for collecting and sorting materials at an easily accessible location and written instructions to the occupants concerning the use and availability of the system. All persons not served by the collection system operated by the Borough of Lansdowne must provide the Borough of Lansdowne, before January 20 of each year, a written report of the total weight of each kind of material recycled during the previous calendar year and any other relevant information required by the Borough of Lansdowne.
E. 
The owners and occupiers of multifamily housing properties with seven or more units will not be served by the collection system operated by the Borough of Lansdowne but such persons must establish a system for source separation, collection, transportation and recycling of the materials designated by this article at each property within 30 days of the date of the Borough of Lansdowne's publication of an appropriate notice in a newspaper of general circulation within the Borough of Lansdowne. Arrangement for collection of designated recyclables for disposition herein shall be the responsibility of the owner or occupier of the property in which the recyclables were generated and/or the person contractually obligated to the generator to arrange for collection and disposal of its solid waste. Such arrangements may include, without limitation, direct marketing of recyclables, delivery to a dropoff, contracts with solid waste collectors/haulers for separate collection of any or all designated recyclables or contracts with other persons for separate collection of any or all designated recyclables. The owner of a multifamily housing property shall provide an appropriate number of recycling containers at a sufficient number of dropoff points to accommodate the amount of recycling generated by the property. The Borough reserves the right to require the owner to provide additional containers if the number of containers in place is not adequate. All persons not served by the collection system operated by the Borough of Lansdowne must provide the Borough of Lansdowne, before January 20 of each year, a written report of the total weight of each kind of material recycled during the previous calendar year and any other relevant information required by the Borough of Lansdowne.
F. 
All owners/agents of multifamily residential properties in the Borough shall be required to provide notice to tenants of the Borough's mandatory recycling program and to provide such notice, in writing, either by including language in the lease notifying the tenant of the recycling obligation at time of tenant change or lease renewal with the tenant; or by prominently posting written notice of the recycling obligation in the common area of the building. This written notice shall be kept accessible for inspection by the Borough official, if requested.
A. 
Except as specifically provided in this article, all persons occupying commercial or institutional establishments or conducting community activities in the Borough of Lansdowne shall be subject to the same duties and requirements of this article as owners and occupiers of residential property.
B. 
The Borough of Lansdowne shall not be responsible for the collection, transportation, processing or marketing of materials or contracting for the collection, transportation, processing or marketing of materials from commercial or institutional establishments or from community activities if at the date of enactment of this article the Borough of Lansdowne is not collecting or transferring waste from such establishments or activity.
C. 
All persons owning or occupying commercial or institutional establishments or conducting community activities within the Borough of Lansdowne and all other persons not served by the collection system operated by the Borough of Lansdowne must establish a system for source separation, collection, transportation and recycling of high-grade office paper, cans and cardboard at each property within 30 days of the date of the Borough of Lansdowne's publication of an appropriate notice in a newspaper of general circulation within the Borough of Lansdowne. Arrangement for collection of designated recyclables for disposition herein shall be the responsibility of the person who generated the recyclables and/or the person contractually obligated to the generator to arrange for collection and disposal of its solid waste. Such arrangements may include, without limitation, direct marketing of recyclables, delivery to a dropoff, contracts with solid waste collectors/haulers for separate collection of any or all designated recyclables or contracts with other persons for separate collection of any or all designated recyclables. The system must include suitable containers for collecting and sorting materials at an easily accessible location and written instructions to the occupants concerning the use and availability of the system. All persons not served by the collection system operated by the Borough of Lansdowne must provide the Borough of Lansdowne, before January 20 of each year, a written report of the total weight of each kind of material recycled during the previous calendar year and any other relevant information required by the Borough of Lansdowne.
A. 
Nothing herein shall prevent any person from utilizing leaves for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscaping purpose.
B. 
No leaves shall be commingled with other waste collected by the Borough or its agents, servants or contractors. The Borough, under regulations hereafter established, will collect leaves source-separated by the owners or occupiers of properties served by the Borough's trash collection program.
C. 
All other persons who are not served by the Borough's trash collection program shall arrange for the separate disposal and processing of leaves at a composting facility or an agricultural, horticultural, silvicultural or other facility which processes or utilizes leaves for compost, mulch or other beneficial uses.
The Borough of Lansdowne shall establish a public information and education program explaining the features and requirements of the program in this article. The Borough of Lansdowne shall give at least 30 days' public notice prior to the initiation of the recycling program and provide periodic public notice every six months thereafter to all persons occupying residential, commercial, institutional and municipal premises within its boundaries of the requirements of this article.
A. 
It shall be unlawful for:
(1) 
Any person other than the municipality, or another person authorized by the municipality, to collect any designated recyclable which has been placed for collection pursuant to this article.
(2) 
Any person to violate, or to cause or to assist in the violation of, any provision of this article.
(3) 
Any person to hinder, to obstruct, to prevent or to interfere with this municipality, or its personnel, in the performance of any duty under this article or in the enforcement of this article.
B. 
All unlawful conduct set forth in this section shall constitute a public nuisance.
This municipality or any other person collecting solid waste generated within this municipality may refuse to collect solid waste from any person who has clearly failed to source-separate recyclables designated under an applicable section of this article.
A. 
Except in accordance with the provisions of this article, no person shall collect any material source-separated for collection without specific written prior permission from the Borough.
B. 
No person shall interfere with the recycling process established by this article.
A. 
Nothing contained in this article shall be construed to interfere with or in any way modify the provisions of any existing contract which is in force in the municipality on the effective date of this article.
B. 
No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclables shall be entered into after the effective date of this article, unless such renewal or such contract shall conform to the requirements of this article.
[1]
Editor’s Note: Former § 280-31, Violations and penalties, and former § 280-31.1, Enforcement, which immediately followed, were repealed 12-19-2018 by Ord. No. 1320.
A. 
In addition to any other remedy provided in this article, the Borough of Lansdowne may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article. In addition to an injunction, the court may impose penalties as authorized by § 280-31 hereof.
B. 
The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Borough of Lansdowne 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 so as best to achieve and to effectuate the goals and purposes hereof.