[HISTORY: Adopted by the Council of the Borough of Lansdale 12-19-2001 by Ord. No. 1676. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 74, Garbage, Rubbish and Refuse, which consisted of Art. I, Solid Waste Management, adopted 11-21-1985 by Ord. No. 1326; and Art. II, Waste Flow, adopted 10-17-1990 by Ord. No. 1429.
This chapter shall be known as the "Municipal Recycling Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- ACT 97
- The Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, Act of July 28, 1988, No. 101, as amended.
- Empty all-aluminum beverage and food containers, commonly known as "aluminum cans."
- BIMETAL CANS
- Empty food or beverage containers constructed of a mixture of ferrous metal, usually tin or steel, and nonferrous metal, usually aluminum.
- The Borough of Lansdale.
- CORRUGATED PAPER
- Paper products made of a stiff, moderately thick paper board, usually containing folds or alternating ridges, commonly known as "cardboard."
- The Pennsylvania Department of Environmental Protection.
- Products made from silica or sand, soda ash and limestone; the product may be transparent (clear) or colored (e.g., brown or green) and used as a container for packaging (e.g., jars) or bottling of various matter. Expressly excluded are noncontainer glass, window or plate glass, light bulbs, blue glass and porcelain and ceramic products.
- GRASS CLIPPINGS
- The material bagged or raked during or after the cutting of a lawn, field or similar grassed area. Leaf waste which contains grass clippings shall be considered grass clippings.
- HIGH-GRADE OFFICE PAPER
- All types of white paper, bond paper, and computer paper used in commercial, institutional and municipal establishments and in residences.
- HOUSEHOLD HAZARDOUS WASTE
- Small quantities of hazardous waste (as defined in Act 97) available to a person or entity on a retail basis, such as pesticides, certain paints, aerosol cans and fertilizers.
- LEAF WASTE
- Leaves, garden residues, shrubbery, tree trimmings and similar material, but does not include grass clippings.
- MAGAZINES AND PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Such matter typically has a gloss or shine added to the paper. Expressly excluded are all other paper products of any nature whatsoever.
- MIXED PAPER
- All types of paper combinations, such as colored paper, carbonless forms, ledger paper, paper envelopes, mixtures of high-grade office paper and the like.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous materials, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste in Act 97 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.
- MUNICIPAL WASTE COLLECTOR(S)
- Any collector, remover, transporter and/or hauler of municipal waste and/or recyclable materials in Lansdale Borough registered and licensed pursuant to this chapter. A municipality shall be considered a municipal waste collector if it provides manpower and equipment for the collection of municipal waste.
- Paper of the type commonly referred to as "newsprint."
- PERSON OR ENTITY
- Any individual, firm, partnership, corporation, business, association, institution, cooperative enterprise, trust, municipality, municipal authority, federal institution or agency, state institution or agency (including, but not limited to, the Department of General Services and the Public School Building Authority), other governmental agency or any other legal entity or group whatsoever which is recognized by law as the subject of rights and duties. In any provision of this chapter prescribing a fine, penalty or imprisonment or any combination of the foregoing, the term "person" or "entity" shall mean the officers and directors of any corporation or other legal entity having officers and directors.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers. Due to the large variety of plastics, the recycling regulations will stipulate the specified types of plastics that may be recycled.
- RECYCLABLE MATERIALS
- Materials generated by a person or entity which can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Materials which may be recycled include clear glass, colored (brown or green) glass, aluminum, steel and bimetal cans, high-grade office paper, mixed paper, newspaper, corrugated paper and plastic containers.
- Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency or any other legal entity or group whatsoever which is recognized by law as the subject of rights and duties, which owns, leases or occupies a property located in the Borough used as a residence and having curbside collection of municipal waste.
- WHITE GOODS
- Refrigerators, washing machines, clothes dryers, window air conditioners, hot water heaters and other major home appliances.
All terms not separately defined in this chapter that are contained in Act 97 and Act 101 are incorporated herein by reference.
The reduction of the amount of municipal waste and conservation of recyclable materials is an important public concern by reason of the growing problem of municipal waste disposal and its impact on the environment. It is the intent of this chapter to promote, require and regulate recycling activities in the Borough and to protect the health, safety and welfare of residents.
This chapter has been developed to meet and implement municipal responsibilities established under Act 101.
The Borough's adoption of this chapter does not preclude the future assignment of its responsibility as it relates to the coordination, regulation and/or enforcement of recycling activities. Such assignment of responsibilities will be accomplished in accordance with Section 304(c) of Act 101 and would require the Borough to enter into a written agreement with the entity accepting such responsibilities. However, under no circumstances will the Borough relinquish its right to select the methodology for conducting recycling, municipal waste collector subscription service to individual customers, franchising or bidding of municipal waste collector services on a partial or community-wide basis, or municipal waste collector services provided by a municipality.
Registration of the municipal waste collectors for recycling activities will be undertaken by the Borough.
In accordance with the responsibilities set forth in this chapter, the Borough is authorized to establish rules and regulations related to the separation, collection, processing and marketing of recyclable materials and to enforce all such rules and regulations. The Borough shall determine the recyclable materials to be separated by a person or entity. The Borough may modify the list of recyclable materials to be separated by a person or entity.
The Borough shall, in conjunction with the Municipal waste collectors, be responsible for establishing an education program and together shall conduct and maintain a comprehensive public information program as follows:
The Borough shall include articles and information on recycling requirements and activities within regular newsletters or mailings to residents and businesses in the community.
The municipal waste collectors shall, at least once a year, deliver or include with their invoices sent to customers an information sheet on recycling.
The municipal waste collectors shall be responsible for obtaining all weight and volume quantity data. Said data shall be supplied to the Borough on an annual basis and shall be supplied to the Borough by January 31 for the preceding year, so that the Borough may submit reports in accordance with Act 101 and other applicable laws and submit applications for recycling performance grants.
Residents may use recycling containers other than those obtained from the Borough, provided said recycling containers are appropriately labeled or otherwise identified as containers for recyclable materials.
Each person or entity in the Borough, as required by Act 101, shall be responsible for complying with the requirements of this chapter for the separation of recyclable materials. This shall include tenants and lessees occupying rented and non-owned property.
Each municipal waste collector shall be responsible for complying with the requirements of this chapter for the collection, processing and marketing of recyclable materials.
Owners, landlords or agents of any leased or rented property, other than single-family-type homes or single-tenant-occupied property, shall be responsible for publicly posting educational information provided by the Borough and/or municipal waste collectors, providing appropriate recyclable material collection containers and providing for pickup of such containers in accordance with this chapter. Owners, landlords or agents of a leased or rented property occupied by a single tenant may assign such responsibility to the tenant or lessee occupying a property, in writing or through a lease or rental agreement.
In accordance with Section 1501(c)(1)(iii) of Act 101, the Borough shall exempt persons occupying commercial, institutional and municipal establishments from the requirements of this chapter if they have otherwise provided for the recycling of materials designated by this chapter. To be eligible for this exemption, the commercial, institutional or municipal waste generator must provide, on an annual basis, written documentation to the Borough of the total quantity of each material recycled. Said data shall be supplied to the Borough by January 31 for the preceding year.
Every person or entity which desires to engage in or wishes to continue engaging in the municipal waste collector business with regard to any property in the Borough shall be required to first register with the Borough. Such registration shall occur on an annual basis. Municipal waste collectors shall pay a registration fee of $100 or be subject to penalties as described in § 74-14B of this chapter.
The collection equipment and transportation vehicles used for the collection of recyclable materials within the Borough shall be labeled to indicate the name of the municipal waste collector and shall further indicate that the vehicle is transporting municipal waste or recyclable materials. Said vehicles shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania. All such vehicles shall be specifically designed to prevent leakage of any liquid or fluids, Other type vehicles may be used only for the collection of recyclable materials and white goods, provided such items are separately collected. The municipal waste and recyclable materials so collected shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vermin or creation of other nuisances. The collection equipment and transportation vehicles shall be kept in a clean and sanitary condition.
Municipal waste collectors operating in the Borough shall have insurance covering public liability for both bodily injury and property damage, owners' and contractors' protective insurance, and automobile insurance with respect to personal injuries and property damage.
Each municipal waste collector shall, by January 31 of each calendar year, file a rate schedule with the Borough showing the rates to be charged to its customers for the collection of municipal waste and recyclable materials. Each municipal waste collector shall file a map with the Borough on January 31 of each calendar year, or upon changes of its routes, showing the areas of the Borough in which it operates and a timetable setting forth the days of collection. Collections of municipal recyclable materials by municipal waste collectors for private collections shall take place solely between the hours of 6:00 a.m. and 7:00 p.m; hours for Borough refuse collection shall be 5:00 a.m. to 7:00 p.m. Collection hours may be changed from time to time by adoption of a resolution of the Borough Council.
Nothing in this chapter shall prohibit the Borough from assigning a portion or all of its responsibilities under Act 101 and this chapter to another entity. Such assignment of responsibility will be accomplished in accordance with Section 304(c) of Act 101 and would require the Borough to enter into a written agreement with the entity accepting such responsibilities. However, under no circumstances will the Borough relinquish its right to select the methodology for conducting recycling, municipal waste collector subscription service to individual customers, franchising or bidding of municipal waste collector services on a partial or community-wide basis, or municipal waste collector services provided by a municipality.
Every resident of the Borough shall be required to separate, at a minimum, newspaper, aluminum, clear glass, colored glass, bimetal cans and plastic products identified with either a #1 or a #2 for recycling. Commercial, municipal and institutional establishments shall be required to separate, at a minimum, aluminum, high-grade office paper and corrugated paper from municipal waste. The Borough may require that residents and commercial, municipal and institutional establishments separate other recyclable materials.
Every person or entity must separate household hazardous waste and leaf waste from recyclable materials and other municipal waste. It is the responsibility of a person or entity to dispose of household hazardous waste in accordance with the applicable laws. Provisions for the collection or use of leaf waste shall be the responsibility of the municipal waste collectors as more fully set forth in § 74-12.
All occupants of single-family homes, including townhouse or row-house-type residences where individual municipal waste collection occurs, shall maintain a separate container of the type specified or provided by the Borough or municipal waste collector to collect all designated recyclable materials in a commingled or modified commingled fashion, as established by the municipal waste collector. No municipal waste or recyclable material container shall be placed at the curb or in the front yard of any resident's property except during the period beginning at 6:00 p.m. on the evening prior to the day of scheduled collection, and the empty container shall be removed by 12:00 midnight on the day of scheduled collection. Newspapers shall be placed in brown paper bags or bundled and tied, both across and lengthwise, with rope or cord and kept dry prior to collection, and placed at curbside with the recycling container. No such municipal waste containers or recyclable material containers, including bundles of newspapers (other than containers supplied by municipal waste collectors), shall weigh more than 50 pounds, and containers or bundles shall not be placed in the cartway. Municipal waste placed at the curb or street line for collection must be in closed, waterproof containers.
Owners, landlords, or rental agents of any multifamily residential units, such as apartments or condominiums where individual residential refuse collection does not occur, shall be responsible for providing suitable containers or dumpsters for recyclable materials. Such containers or dumpsters shall be provided through arrangements with a municipal waste collector and source-separated or commingled recyclable material containers or dumpsters may be utilized. The containers or dumpsters must be provided at easily accessible locations, and written instructions must be provided to the occupants concerning the use and availability of such containers or dumpsters. Owners or landlords of multifamily residential units who comply with the requirements of this section shall not be liable for the noncompliance of any person or entity occupying their buildings as such noncompliance relates to separation of materials. All tenants or lessees of multifamily residential units shall be responsible for separating recyclable materials and placing them in the containers or dumpsters provided for such purposes.
Owners, landlords, or rental agents of any institutional, commercial, business, or industrial establishment shall be required to meet the same requirements in Subsection D hereof unless exempted under § 74-4I or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property. Such assignment may only occur, however, where a single tenant occupies the entire leased or rented property.
The municipal waste collector shall, in providing refuse collection and disposal services to a single-family residential home, also provide for the collection of recyclable materials. Where once- or twice-a-week municipal waste collection is provided, the municipal waste collector must provide at least once-a-week recyclable material collection. Customers using once-a-month municipal waste collection must have recyclable materials collected at least once a month Where a customer's designated day for the collection of recyclable materials falls on a holiday, the municipal waste collector shall collect recyclable materials on another day and shall notify those customers affected of that change.
The collection of recyclable materials for all establishments, other than single-family residential homes, shall be on an as-required basis.
Municipal waste collectors shall not be permitted to allow recycling containers or dumpsters to fill beyond capacity and shall schedule the frequency of such collection accordingly.
The municipal waste collector shall be responsible for the processing and marketing of the recyclable materials. Such activities may be conducted by the municipal waste collector or any agent thereof, or a private entity conducting such business, a nonprofit entity able to undertake such effort, or any governmentally owned or operated facility capable of such functions.
The municipal waste collector shall, upon request, provide the Borough with the location of the facility(ies) to which the recyclable materials will be delivered. All such facility(ies) shall be appropriately licensed and permitted.
The municipal waste collector shall, upon request, provide a detailed listing of where the recyclable materials are sold or deposited and the weights of each of the recyclable materials so delivered. The municipal waste collector shall, upon request, provide the Borough with copies of applicable licenses or permits of the ultimate facility(ies) to which the recyclable materials will be delivered.
All recyclable materials and municipal waste placed at the curbside for collection or in any container or dumpster designated for recyclable materials shall become the property of the municipal waste collector providing the service, except as outlined in § 74-11.
It shall be a violation of this chapter for any person or entity, other than the municipal waste collector providing the service, to collect or remove any of the recyclable materials from their designated collection location, except as outlined in § 74-11. Each unauthorized collection from one or more designated locations on one calendar day in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
Any person or entity may utilize alternative recycling methods, other than collection by a municipal waste collector, to accomplish the purpose of utilizing recyclable materials. Recyclable materials may be donated or sold to any person or entity, whether operating for profit or not, provided that the recycler shall not utilize alternate recycling methods without prior written permission from the Borough. Such materials must be delivered to the alternate recycling site or arrangements made with the alternate collector to pick up the recyclable materials at a time that will not interfere with the operations of the municipal waste collector. Each person or entity accepting recycled materials under this section must provide annual written documentation to the Borough of the total quantity of each material recycled. Said documentation shall be due by January 31 of each year.
The Borough shall permit an alternative recycling program to be developed in accordance with Paragraph 1501(h) of Act 101 if the requirements of that paragraph can be complied with. The Borough shall, before implementation of the program, review and approve the program. The municipal waste collector conducting the program must provide annually written documentation to the Borough of the total quantity of each material recycled.
As part of the municipal waste collection service provided by the municipal waste collectors registered with the Borough pursuant to this chapter, said municipal waste collectors may provide leaf waste collection service, either by using their own vehicles and facilities or by making contractual arrangements with others to do so.
Leaf waste collection shall be undertaken by municipal waste collectors in accordance with regulations of the DEP, and leaf waste disposal shall be undertaken by municipal waste collectors in a DEP-approved facility or DEP-approved manner.
All municipal waste collectors shall deliver leaf waste to a facility(ies) operating in accordance with the regulations of the Commonwealth of Pennsylvania and the DEP. The disposal of noncomposted leaf waste at a sanitary landfill or waste-to-energy facility is strictly prohibited.
The methodology for separating and collecting leaf waste shall be established by the municipal waste collectors and by the Borough. Leaf waste shall not be left at curbside sooner than 24 hours prior to collection and shall not be left in a form that obstructs the flow of traffic or affects the performance of drainage facilities or catch basins, and leaf waste containers or bags shall not be placed in the cartway.
All municipal waste collectors shall keep records of the quantities of recyclable materials collected in the Borough. The records shall include the weight of the total quantities of recyclable materials and total quantities of municipal waste and an estimate of the corresponding volume of material for both recyclable materials and municipal waste. Estimates of the individual components comprising the commingled recyclable materials shall also be provided. Written reports shall be provided to the Borough on reporting forms provided by the Borough and shall be submitted in accordance with the time schedules established in this chapter.
Leaf waste quantities shall be recorded by the municipal waste collector collecting such materials. Such quantities may be in the form of estimates on either a cubic-yard or tonnage basis collected, and written documentation of the total quantity of leaf waste collected must be provided to the Borough by January 31 of each year for materials collected in the preceding calendar year.
Any person or entity who shall violate the provisions outlined herein regarding the separation of recyclable materials shall receive an official written warning of noncompliance from the Borough for the first offense. Thereafter, all such violators of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not more than $500, in addition to costs of prosecution of each and every offense, or, in default of the payment of such fine and costs, to undergo imprisonment for not more than 30 days.
Any person or entity who shall violate the provisions of this chapter not covered in Subsection A above shall, upon conviction, be sentenced to pay a fine of not less than $100 and not more than $500 and costs of prosecution for each and every offense, or, in default of the payment of such fines and costs, to undergo imprisonment for not more than 30 days. Each day on which a violation of this chapter continues shall constitute a separate offense punishable by a like fine or penalty.
No municipal waste collector shall knowingly collect municipal waste which contains recyclable materials or leaf waste. The municipal waste collector shall provide a person or entity violating the provisions contained herein regarding the separation of recyclable materials with written notice for the first offense and also provide the Borough with the same written notice. Any municipal waste collector who shall knowingly violate the provisions of this section and collect municipal waste containing recyclable materials or leaf waste from a person or entity who has previously been notified by the Borough and/or a municipal waste collector of noncompliance shall receive an official warning for the first offense. The municipal waste collector shall be sentenced to pay a fine of no less than $100 and not more than $500 and costs of prosecution for each and every offense, or, in default of the of payment of such fines and costs, to undergo imprisonment for not more than 30 days.
Any municipal waste collector who fails to register with the Borough and continues to engage in waste collection in the Borough shall, upon conviction, pay a penalty of $500 and pay the costs of prosecution for each and every offense, or, in default of the payment of such fines and costs, undergo imprisonment for not more than 30 days. Each day on which a violation of this chapter continues shall constitute a separate offense punishable by a like fine or penalty.
This chapter shall be construed under the laws of the Commonwealth of Pennsylvania.
The Borough may, from time to time, modify the regulations adopted in accordance with this chapter or make modifications to this chapter.
Municipal waste collectors shall take the necessary steps to implement the collection of recyclable materials upon the effective date of this chapter.