[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:
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only nonaerosol substances.
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.
Printed material soliciting products for sale to the reader.
Includes all business and industrial uses but not residential
uses of property.
The district solid waste management plan for Delaware County
as approved by the Pennsylvania Department of Environmental Protection.
Any bottles or jars made from melted sand formed into a container.
Mail received but not for a specific purpose and container
that mail is mailed in.
Tree and plant leaves, garden residues, shrubbery and tree
trimmings and similar material, but not including grass clippings.
Magazines and other materials printed on similar paper.
The Borough of Lansdowne.
A newspaper and other materials printed on newsprint.
Printing and writing papers not considered newspaper, including,
without limitation, printed white ledger and computer print and notebook
paper.
A heavier and thicker paper used as cereal boxes and beer
and soda carriers.
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.
Any plastic bottle labeled on the bottom with a SPI Code
number 1 or number 2.
A program developed and provided by the municipality to inform
and encourage residents to use the recycling collection services.
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.
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.
Those services to be performed as follows:
A container approved by the municipality for the storage
of recyclable materials.
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.
Co-mingling of several recyclable materials into one container
for processing and pickup.
Waste, including but not limited to municipal, commercial,
institutional or industrial waste.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
Printed material with non-hard-bound covers used for reading
or listing of phone numbers.
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.
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.
