Bethel Township, PA Recycling Ordinance

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Bethel Township, PA, US

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Type: Ordinance

Status: Adopted in 2003

Source File: http://www.twp.bethel.pa.us/155.doc

Text:

ORDINANCE NO. 155
An Ordinance to establish a program for the collection of recyclable materials in the Township of Bethel for recycling purposes; to prohibit the disposal of recyclable materials into the conventional municipal solid waste disposal system; to empower the municipality to adopt and promulgate reasonable regulations therefore, and to fix penalties for the violation thereof.

Whereas, conservation of recyclable materials has become an important public concern because of the growing problem of solid waste disposal and its impact on our environment; and

Whereas, there is an increasing necessity to conserve our natural resources; and

Whereas, the collection of recyclable materials from residents promotes the best interest of the general public;

Now, therefore, be it enacted and ordained, by the Board of Supervisors of the Township of Bethel, County of Delaware, Commonwealth of Pennsylvania, as follows:

Section 1. TITLE: The short title of this ordinance shall be the “Township of Bethel Recycling Ordinance”, and the same may be cited in that manner.

Section 2. DEFINITIONS: The following words and phrases, when used in this Ordinance, shall have the meanings given to them in this section unless the context clearly indicates otherwise:

ALUMINUM CANS - - empty all-aluminum beverage and food containers.

BIMETALLIC CONTAINERS - - empty food or beverage containers consisting of A metal other than aluminum.

CURBSIDE RECYCLING COLLECTION - - the scheduled collection and transportation of recyclable materials placed at the curb line by residents.

COMMERCIAL ESTABLISHMENT - - those properties used primarily for commercial or industrial purposes and those multiple dwelling residential buildings containing three (3) or more dwelling units.

COMMUNITY ACTIVITIES - - events that are sponsored by public and or private agencies or individuals that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events.

COUNTY - - shall mean Delaware County.

CORRUGATED PAPER - - structural paper material with an inner core shaped in rigid parallel furrows and ridges.

FERROUS CONTAINERS - - empty steel or tin-coated steel food or beverage containers.

GLASS CONTAINERS - - bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic produces.

HIGH-GRADE OFFICE PAPER - - all white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.

INSTITUTIONAL ESTABLISHMENTS - - those facilities that house or serve groups of people, such as churches, hospitals, schools, nursing homes, social or fraternal societies and organizations.

LEAF WASTE - - leaves from trees, bushes and other plants, not including grass clippings.

MAGAZINES AND PERIODICALS - - printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.

MULTI-FAMILY HOUSING PROPERTIES - - any properties having three (3) or more dwelling unites per structure, and shall include all residential properties under condominium ownership.

MUNICIPAL ESTABLISHMENT - - public facilities operated by the municipality and other governmental and quasi-governmental authorities.

MUNICIPALITY - - shall mean Bethel Township.

MUNICIPAL WASTE - - any garbage, refuse, industrial lunchroom or office waste and other material, including solid or semi-solid material generated in residential, Municipal, commercial or institutional establishments and from community activities, and other solid waste which is within the definition of “municipal solid waste” set forth in the Act2 and which the county, Authority or contractor, by its ordinance or regulations, is willing to accept at the plant, but excluding:

1. Any liquid waste or sludge.
2. All wastes which are defined by existing or future federal or state law 1.or regulations as hazardous waste or industrial residual waste.
3.Any waste which may be marketable and which is intentionally segregated for purposes of recycling.
4.Materials specifically excluded under applicable county ordinances.

NEWSPAPER - - paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded, however, are glossy advertising inserts and newspapers, which have been soiled.

PERSON - - means owners, lessees and lessors, and or occupants of residences, commercial or institutional establishments.

PLASTIC CONTAINERS - - means empty plastic food and beverage containers. Due to the large variety of types of plastics, the recycling regulations shall stipulate the specific types of plastic, which shall be recycled.

RECYCLABLE MATERIALS - - those materials specified by the municipality to be recycled. This list of materials is specified in the recycling regulations resulting from this Ordinance and may be revised from time to time as deemed necessary by the municipality.

RESIDENCE - -any occupied single or multi-family dwelling located in the Township of Bethel.

SOURCE-SEPARATED RECYCLABLE MATERIALS - - those materials separated at the point of origin for the purpose of being recycled.

TOWNSHIP - - shall mean Bethel Township.

WASTE - - a material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of. The term does not include source-separated recyclable materials.

Section 3. ESTABLISHMENT OF PROGRAM: be it hereby established by the Township of Bethel, hereinafter referred to as the municipality, a program that mandates that recyclable materials shall be kept separate from solid waste by all persons, residences, commercial and institutional establishments in the township. Collection of the materials to be recycled shall be made at least twice monthly by licensed private haulers and delivered to an approved recycling facility for processing and disposal.

Section 4. ENFORCEMENT AND ADMINISTRATION: the Supervisors of the Township of Bethel or their designated agent is hereby authorized and empowered to establish and promulgate regulations on the manner, days and times of collection of recyclable materials and the bundling, handling, location and time of placement of such materials for collection and regulations governing composing.

Section 5. OWNERSHIP OF RECYCLABLE MATERIALS: all recyclable solid waste placed by any person for collection by a licensed private hauler pursuant to this Ordinance and any regulations hereunder shall become the property of the licensed private hauler at the time of placement at the curbside and shall remain the property of the licensed private hauler until accepted by an approved recycling facility.

Section 6. SEPARATION OF RECYCLABLES AND PLACEMENT FOR REMOVAL: recyclable materials shall be placed at the curbside separate from solid waste for collection at such times and dates as may be hereinafter established by regulation.

a.RESIDENTIAL: it shall be the responsibility of all residents to adhere to the regulations established by the Board of Supervisors of Bethel Township. Recyclable materials shall be placed in a separate container supplied by the Township. All materials must be properly cleaned before being placed at the curbside.
b.COMMERCIAL, INSTITUTIONAL, MUNICIPAL ESTABLISHMENTS: it shall be the responsibility of the said establishments to separate and store from the waste stream high grade office paper, aluminum, corrugated paper, newsprint and leaf waste.
c.GLASS: can be delivered to the township building and placed in proper containers that are provided. Rinse out glass containers.

Section 7. SEPARATION AND DISPOSAL OF LEAF WASTE: leaf waste (compostable materials, excluding grass clippings) shall be kept separate from other refuse and recyclables. Residential establishments shall prepare these materials for collection in the manner prescribed by regulation and shall thereafter bundle these materials to be handled at times and collection method as designated by the Municipality. Residential establishments shall have the right and are encouraged to provide for their own individual separation, collection and composting of leaf waste.

Section 8. PRIVATE COLLECTION OF RECYCLABLES: any commercial, institutional or residential living group or unit utilizing private trash pickup as of the date of the passage of this Ordinance shall be required to provide for the private pickup and disposal of all recyclables pursuant to the terms of the Ordinance, see Section 11.

Section 9. ALTERNATIVE COLLECTION OF RECYCLABLE MATERIALS: any person may donate or sell recyclable materials to individuals or organizations. These materials must either be delivered to the individual’s or organization’s site or they may be placed at curbside for collection by said individual or organization on days not indicated as recyclable material collection days by the Municipality. Said individuals or organizations may not collect recyclable material on or immediately proceeding (within 24 hours) a regularly scheduled curbside collection day.

Section 10. RECYCLING OF MATERIALS: no person shall dispose of recyclables with ordinary municipal waste. It shall be a violation of this Ordinance to dispose of recyclables in landfills or incinerators except with the expressed written permission of the Township.

Section 11. RECORDKEEPING: all duly licensed private haulers shall keep records of the quantities of solid waste and recyclable materials collected in the Township of Bethel. These records shall include the weight of the total quantities of solid waste materials and recyclable materials and other information as required by the township to fulfill the township’s responsibilities to make accurate and timely reports to the DEP or any other government agency of the Commonwealth of Pennsylvania or Federal government. Written reports shall be provided to the township on report forms provided by the township and shall be submitted quarterly. The township shall receive written reports not later than the 20th day of the month following the end of the previous quarter or three-month period.

Section 12. VIOLATIONS AND PENALTIES: any action or actions by any person, corporation or other entity created pursuant thereto, which violates or does not comply with any provision of this Ordinance, or any regulations thereof, shall be punishable by a fine of up to $500.00 (Five Hundred Dollars). Said fines may be amended from time to time by Resolution of the Board of Supervisors. Each violation for each separate day, and each violation of any provision of this article shall constitute a separate and distinct violation. Any person who violates or permits the violation of any provision of this Ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by Bethel Township, pay fines prescribed in this Ordinance, or as amended by Resolution, plus all court costs, including reasonable attorney fees, incurred by Bethel township.

Section 13. SEVERABILITY: if any section, sentence or any other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance, but shall be confined in its effect to the section, sentence or part of this Ordinance directly involved in the controversy in which such judgment shall have been rendered.

Section 14. COLLECTION FEE: Bethel Township may, at any time institute a collection fee to defray the cost of recycling. This charge would be billed annually in conjunction with the Township property tax notice.

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