The United States, pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act ("Tunney Act"), 15 U.S.C. § 16(b)-(h), files this Competitive Impact Statement relating to the proposed Final Judgment submitted for entry in this civil antitrust proceeding.
In early July 2003, Alcan Inc. ("Alcan") publicly announced that it would soon begin a tender offer for shares of Pechiney, S.A. ("Pechiney"), a transaction formally endorsed by Pechiney's board of directors on August 30, 2003. On September 29, 2003, the United States filed a civil antitrust suit alleging that Alcan's proposed acquisition of Pechiney would violate Section 7 of the Clayton Act, 15 U.S.C. § 18. The Complaint alleges that a combination of Alcan and Pechiney would substantially lessen competition in the development, production, and sale of brazing sheet in North America. Pechiney and Alcan are, respectively, the second and fourth largest competitors in the sale of brazing sheet in North America. The acquisition would result in a single firm — Alcan — with a market share of over 40 percent, and the industry's two largest firms having a combined share of over 80 percent, of North American sales of brazing sheet. The attendant reduction in competition in this highly concentrated market would lead to an increase in brazing sheet prices and a reduction in product quality and innovation to the detriment of North American consumers. Accordingly, the prayer for relief in the Complaint seeks: (1) a judgment that the proposed acquisition would violate Section 7 of the Clayton Act, and (2) a permanent injunction that would prevent Alcan from acquiring control of, or otherwise combining its assets with, Pechiney.
At the same time the Complaint was filed, the United States filed a proposed settlement that would allow Alcan to acquire Pechiney, but require defendants to divest Pechiney's entire North American brazing sheet business in such a way as to preserve competition in North America. The settlement consists of a Hold Separate Stipulation and Order and a proposed Final Judgment. According to the terms of the settlement, defendants must divest Pechiney's brazing sheet business(1) to a person acceptable to the United States, in its sole discretion, within 120 calendar days after Alcan receives preliminary notification from the responsible French stock market regulatory agency, Conseil des Marches Financiers, that the firm's tender offer for shares of Pechiney has been successful, or within five (5) days after notice of entry of the Final Judgment, whichever is later. The United States, in its sole discretion, may extend the time period for this divestiture one or more times, not to exceed a total of 60 days past the initial divestiture deadline. If defendants do not complete the ordered divestiture within the prescribed time period, then the United States may nominate, and the Court will appoint, a trustee who will have sole authority to divest Pechiney's brazing sheet assets.
The parties have stipulated that the proposed Final Judgment may be entered by the Court after compliance with the Tunney Act. Entry of the proposed Judgment would terminate this action, except that the Court would retain jurisdiction to construe, modify, or enforce the provisions of the proposed Final Judgment and to punish violations thereof.
Alcan is a Canadian corporation based in Montreal, Quebec. One of the world's largest fully integrated aluminum producers, Alcan produces primary aluminum ingot and a wide range of rolled aluminum products, including brazing sheet. Its annual revenues exceed $12.5 billion, including over $30 million in North American sales of brazing sheet. This business operation is managed by a domestic subsidiary of Alcan, Alcan Aluminum Corporation.
Pechiney is a French corporation based in Paris, France. Pechiney is also a major fully integrated aluminum producer, with annual revenues exceeding $11.3 billion. Its U.S. subsidiary, Pechiney Rolled Products, LLC, produces a wide variety of rolled aluminum products (including brazing sheet) in an aluminum rolling mill in Ravenswood, West Virginia. Pechiney's total North American sales of brazing sheet exceed $100 million annually.
Alcan has launched a tender offer for shares of Pechiney, a transaction now valued at over $4.6 billion. The tender offer, publicly announced in early July and approved in August by Pechiney's board of directors, is expected to be completed in early December 2003. If the tender offer is successful, Alcan's acquisition of Pechiney would combine, respectively, the fourth and second largest competitors in the sale of brazing sheet in North America, and substantially lessen competition in this already highly concentrated market.
The acquisition would combine Alcan, a low-cost new entrant and pricing maverick, with Pechiney, a large industry incumbent. The deal would eliminate Alcan's incentive to expand its sales quickly by reducing its brazing sheet prices and increase its sales at the expense of larger rivals such as Pechiney, and end the current intense competitive rivalry in developing, producing, and selling brazing sheet in North America. This competition, which promises to intensify in the next few years as Alcan finishes qualifying its brazing sheet for more applications with other North American customers, has already produced significant improvements in brazing sheet quality, durability, and reliability, and highly competitive prices and contractual terms for this material. The transaction would reduce the number of significant competitors in the sale of brazing sheet in North America from four to three, and substantially increase the prospect of future tacit or explicit post-merger coordination between these firms to increase prices of brazing sheet to the detriment of consumers. Other North American competitors in the sale of brazing sheet have neither the production capacity nor competitive incentive, individually or collectively, to discipline a small but significant post-merger unilateral or cooperative price increase in brazing sheet.
Relevant market: the sale of brazing sheet in North America.
The Complaint alleges that development, production, and sale of brazing sheet is a relevant product market within the meaning of Section 7 of the Clayton Act. Brazing sheet describes a class of custom-engineered aluminum alloys made of a solid metal core clad on one or both sides with an alloy whose melting temperature is lower than that of the core material. When heated to the appropriate temperature, the cladding alloy melts and forms a durable, uniform leak-proof bond between the core and any adjoining aluminum surface, effectively welding the two materials together. Brazing sheet is ideally suited, and virtually all of it is used, for fabricating the major components of heat exchange systems for motor vehicles. These heat exchangers include engine cooling systems, such as radiators and oil coolers, and climate control systems, such as heater cores and air conditioning units (i.e., evaporator and condenser cores).
By constructing the basic components of motor vehicle heat exchangers with brazing sheet, a parts maker can avoid the tedious and costly task of welding or soldering individual components, many of which have unusually intricate surfaces that form joints deep within the heat exchange unit. A parts maker can instead loosely assemble brazed components and bake the entire assembly in a brazing oven. The surfaces of the components will melt, converting the assembly into a solid, leak-proof heat exchange unit.
The major components of all heat exchangers used in motor vehicles are made of brazing sheet, a material that enables vehicle makers simultaneously to reduce vehicle cost, size, and weight; improve gas mileage; and extend engine, climate control system, and drive train life. In heat exchange applications, no other material can match the combination of low cost, strength, light weight, durability, formability, and corrosion resistance provided by brazing sheet.
The Complaint alleges that the sale of brazing sheet in North America is a relevant geographic market within the meaning of Section 7 of the Clayton Act. Over ninety percent of brazing sheet sold in North America is produced by firms located in either the United States or Canada. Some customers import brazing sheet into North America from overseas sources. Foreign brazing sheet, however, is significantly more expensive and more prone to unpredictable and costly delivery delays than brazing sheet produced in North America. North American customers are reluctant to rely on it for general production requirements. A small but significant and nontransitory increase in prices of brazing sheet sold in North America would be profitable and sustainable because it would not be undermined by increased customer imports of brazing sheet from overseas sources. North America is a relevant geographic market in which to assess the competitive effects of Alcan's proposed acquisition of Pechiney on sales of brazing sheet.
Anticompetitive effects of the acquisition.
The Complaint alleges that in this highly concentrated market for brazing sheet, a combination of Alcan and Pechiney likely would: (i) substantially lessen competition in the development, production, and sale of brazing sheet in North America; (ii) eliminate actual and potential competition between Alcan's and Pechiney's brazing sheet businesses; and (iii) increase prices and reduce current levels of quality and innovation for brazing sheet in North America.
Specifically, the Complaint alleges that Pechiney and Alcan are, respectively, the second and fourth largest producers of brazing sheet in North America. The combined firm and one other producer command over 80 percent of brazing sheet sales in North America. Two smaller firms also sell brazing sheet in North America. However, these small firms do not have sufficient excess production capacity or capability to attract significant sales away from the larger market incumbents, and thereby effectively constrain a post-merger exercise of market power by those firms.
Alcan's acquisition of Pechiney is likely to diminish competition substantially. First, the remaining competitors would be more likely to successfully engage in tacit or explicit coordinated pricing to the detriment of consumers, because they would not need to worry about the loss of sales to Alcan, currently a small, "hungry," low-cost new entrant. Second, Alcan could unilaterally increase its prices for brazing sheet for which it and Pechiney are the only qualified suppliers.
New entry into the development, production, and sale of brazing sheet in North America is difficult. To produce brazing sheet, a firm must have an aluminum hot rolling mill (which costs at least $80 million and takes at least three years to construct). Even after acquiring an aluminum hot rolling mill, a new firm can begin selling brazing sheet to customers only after it has made an additional substantial investment in developing and mastering alloy-making technology, successfully "qualified" its products with prospective customers by completing a series of time-consuming tests of brazing sheet materials and sample heat exchange components, and finally, acquired some actual experience producing brazing sheet that meets the exacting specifications of risk-averse parts makers.(3) These so-called "sunk" entry costs(4) are very large relative to the size of the North American market for brazing sheet, and there is a very high risk that a new entrant may not receive any profits from its entry. In these circumstances, it is unlikely that, after a combination of Alcan and Pechiney, new entry into the brazing sheet market in North America would occur so rapidly and be of such magnitude that it would effectively constrain a cooperative or unilateral post-merger exercise of market power by incumbent producers of brazing sheet.
The proposed Final Judgment will preserve competition in the sale of brazing sheet in North America. The Judgment requires that defendants sell Pechiney's brazing sheet business to an acquirer acceptable to the United States within 120 calendar days after Alcan has received a preliminary indication from Conseil des Marches Financiers, a French stock market regulatory agency, that Alcan's tender offer for shares of Pechiney has been successful, or within five (5) days after notice of entry of the Final Judgment, whichever is later. The United States may extend this time period for divestiture one or more times, for a total time not to exceed 60 days. Defendants must use their best efforts to divest Pechiney's brazing sheet business as expeditiously as possible, and until the ordered divestiture takes place, defendants must cooperate with any prospective purchasers.
If Alcan and Pechiney do not accomplish the ordered divestiture within the prescribed time period, the United States will nominate, and the Court will appoint, a trustee to assume sole power and authority to complete the divestiture. Defendants must cooperate fully with the trustee's efforts to divest Pechiney's brazing sheet business to an acquirer acceptable to the United States and periodically report to the United States on their divestiture efforts.
If the trustee is appointed, the defendants will pay all costs and expenses of the trustee. The trustee's commission will be structured so as to provide an incentive for the trustee based on the price obtained and the speed with which the divestiture is completed. After his or her appointment becomes effective, the trustee will file monthly reports with the parties and the Court, setting forth the trustee's efforts to accomplish the divestiture. At the end of six months, if the divestiture has not been accomplished, the trustee and the parties will make recommendations to the Court, which shall enter such orders as appropriate to carry out the purpose of the trust, including extending the trust and the term of the trustee's appointment.
Section 4 of the Clayton Act (15 U.S.C. § 15) provides that any person who has been injured as a result of conduct prohibited by the antitrust laws may bring suit in federal court to recover three times the damages the person has suffered, as well as costs and reasonable attorneys' fees. Entry of the proposed Final Judgment will neither impair nor assist the bringing of any private antitrust damage action. Under the provisions of Section 5(a) of the Clayton Act (15 U.S.C. § 16(a)), the proposed Final Judgment has no prima facie effect in any subsequent private lawsuit that may be brought against defendants.
The parties have stipulated that the proposed Final Judgment may be entered by the Court after compliance with the provisions of the Tunney Act, provided that the United States has not withdrawn its consent. The Tunney Act conditions entry of the decree upon the Court's determination that the proposed Final Judgment is in the public interest.
The proposed Final Judgment provides that the Court retains jurisdiction over this action, and the parties may apply to the Court for any order necessary or appropriate for the modification, interpretation, or enforcement of the Judgment.
The United States considered, as an alternative to the proposed Final Judgment, a full trial on the merits against defendants Alcan and Pechiney. The United States could have continued the litigation to seek preliminary and permanent injunctions against Alcan's acquisition of Pechiney. The United States is satisfied, however, that the divestiture of the assets as proposed in the Final Judgment will establish, preserve, and ensure competition in the relevant market. To this end, the United States is convinced that the proposed relief, once implemented by the Court, will prevent Alcan's acquisition of Pechiney from having adverse competitive effects.
15 U.S.C. § 16(e). As the United States Court of Appeals for the District of Columbia Circuit held, the Tunney Act permits a court to consider, among other things, the relationship between the remedy secured and the specific allegations set forth in the government's complaint, whether the decree is sufficiently clear, whether enforcement mechanisms are sufficient, and whether the decree may positively harm third parties. See United States v. Microsoft, 56 F.3d 1448, 1458-62 (D.C. Cir. 1995).
United States v. Mid-America Dairymen, Inc., 1977-1 Trade Cas.(CCH) ¶ 61,508, at 71,980 (W.D. Mo. May 17, 1977).
The proposed Final Judgment, therefore, should not be reviewed under a standard of whether it is certain to eliminate every anticompetitive effect of a particular practice or whether it mandates certainty of free competition in the future. Court approval of a final judgment requires a standard more flexible and less strict than the standard required for a finding of liability. "[A] proposed decree must be approved even if it falls short of the remedy the court would impose on its own, as long as it falls within the range of acceptability or is 'within the reaches of public interest.'" United States v. Am. Telephone & Telegraph Co., 552 F. Supp. 131, 151 (D.D.C. 1982) (citations omitted) (quoting Gillette, 406 F. Supp. at 716), aff'd sub nom. Maryland v. United States, 460 U.S. 1001 (1983); see also United States v. Alcan Aluminum Ltd., 605 F. Supp. 619, 622 (W.D. Ky. 1985) (approving the consent decree even though the court would have imposed a greater remedy).
Moreover, the Court's role under the Tunney Act is limited to reviewing the remedy in relationship to the violations that the United States has alleged in its Complaint, and does not authorize the Court to "construct [its] own hypothetical case and then evaluate the decree against that case." Microsoft, 56 F.3d at 1459. Because the "court's authority to review the decree depends entirely on the government's exercising its prosecutorial discretion by bringing a case in the first place," it follows that "the court is only authorized to review the decree itself," and not to "effectively redraft the complaint" to inquire into other matters that the United States might have but did not pursue. Id. at 1459-60.
There are no determinative materials or documents within the meaning of the Tunney Act that were considered by the United States in formulating the proposed Final Judgment.
Counsel for Defendants Alcan Inc. and Alcan Aluminum Corp.
1. Pechiney's brazing sheet business, as defined in Section II(E) of the proposed Final Judgment, includes all tangible and intangible assets of Pechiney's Ravenswood, West Virginia, aluminum rolling mill and the engineering facilities, wherever located, that provide research and development support for any product produced at the Ravenswood plant.
2. Brazing sheet is designed for and sold to motor vehicle parts makers (and others) on an application-specific basis. Thus, it may be possible to delineate relevant markets smaller than the "all brazing sheet" market alleged in the Complaint. A producer of brazing sheet for use in one type of heat exchange component, however, generally has the ability to make and market brazing sheet suitable for use in producing other types of components for heat exchange units. According to the Merger Guidelines, if such production substitutability is "nearly universal" among the firms that make and sell brazing sheet, then it is appropriate, as a matter of convenience, to describe the relevant product market as "all brazing sheet." See Horizontal Merger Guidelines, n. 14 (1997 rev.).
3. It took Alcan over two years from when it moved its brazing sheet operations to Oswego, New York, to qualify with enough customers to make a significant sales impact.
4. The term "sunk costs" as used in this context includes the costs of acquiring tangible and intangible assets that cannot be recovered through the redeployment of these assets outside the relevant market, i.e., costs that were uniquely incurred to enter the production and sale of brazing sheet in North America and cannot be recovered upon exit from that industry.
5. See United States v. Gillette Co., 406 F. Supp. 713, 715-16 (D. Mass. 1975) (recognizing it was not the court's duty to settle; rather, the court must only answer "whether the settlement achieved [was] within the reaches of the public interest"). A "public interest" determination can be made properly on the basis of the Competitive Impact Statement and Response to Comments filed pursuant to the Tunney Act. Although the Tunney Act authorizes the use of additional procedures, 15 U.S.C. ï½§ 16(f), those procedures are discretionary. A court need not invoke any of them unless it believes that the comments have raised significant issues and that further proceedings would aid the court in resolving those issues. See H.R. Rep. No. 93-1463, 93rd Cong., 2d Sess. 8-9 (1974), reprinted in 1974 U.S.C.C.N. 6535, 6538.
6. Cf. BNS, 858 F.2d at 463 (holding that the court's "ultimate authority under the [Tunney Act] is limited to approving or disapproving the consent decree"); Gillette, 406 F. Supp. at 716 (noting that, in this way, the court is constrained to "look at the overall picture not hypercritically, nor with a microscope, but with an artist's reducing glass"). See generally Microsoft, 56 F.3d at 1461 (discussing whether "the remedies [obtained in the decree are] so inconsonant with the allegations charged as to fall outside of the åªeaches of the public interest'").


text:
General conditions of sale and commerce – Sordi Giuseppe & Sons Ltd.
According to the law and for the legal purposes of the articles 7 and 12 of the Dlgs. 70 of 09/04/2003, Sordi Giuseppe & Sons communicate all the customers the following information: the lender of the Services subject of the General Conditions is Sordi Giuseppe & Sons Ltd. with their legal seat in via Caselli 2 52026, Castelfranco Piandisco’ (Arezzo) Italy, P. IVA/C.F. 00260700513; pec: sordigiuseppe@pec.it registred at Camera di Commercio in Florence REA AR-65163 capital stock 100.000,00 euros int. Vers. Tel. +39 055 960028 Fax +39 055 9631618.
In the following document the company will be shown as “Sordi Giuseppe & Sons Ltd.” that is the clear mark under which they practise their sales.
The General Conditions will be applied to the new types of Services and Products that will be supplied in the future by Sordi Giuseppe & Sons Ltd. except that something else could be foreseen at the moment of the registration or of the first supply of the new Service or Product.
The user is kindly requested of printing a copy of the General Conditions and/or of memorizing them for the future.
Special Warning for the Consumers. It is allowed the purchase only to the consumers, physical people, who are of age. For “Consumers” we mean physical people who comply with Sordi Giuseppe & Sons with aims not related to the commercial business in case dealt. Therefore the dispositions contained in the Dlgs. n. 206 of 06/09/2005 will be applied together with the general ones applicable to the performance offered by Sordi Giuseppe & Sons under the Dlgs. n. 70 of 09 April 2003 about the services of the information company and the electronic commerce.
1. Generality and limit of application.
The current General Conditions are applied to all sales made by Sordi Giuseppe & Sons Ltd. on the site.
The General Conditions can be modified everytime, except the right of receding of the user fo llowing the point 1.4. Possible modifications and/or new conditions will be possible since the moment of their publication in the section “Terms and Conditions” of the site. Therefore we invite the users to approach regularly the site and to verify the publication of the most up-to-date General Conditions.
The General Conditions applicable are the ones in force on the date of the purchase order.
If the user doesn’t want to accept the modifications to the General Conditions, he will be able to withdraw sending a registered letter with acknowledgment of receipt with 7 days notice.
The continuing use of the Service elapsed the term of the paragraph 1.4 is the display of the will to accept the General Conditions.
2. Inserting data and the order form.
To purchase the products of Sordi Giuseppe &Sons Ltd. it is necessary to insert the personal data on the site, accepting the General Conditions and the informative report about Privacy, clicking on the right space on the home page of the site. The missing acceptance of the General Conditions and the Privacy involves the impossibility to purchase on Sordi Giuseppe & Sons Ltd.
To purchase, the user must fill in a form inserting name, surname, an email address and the necessay data to send the goods. The insertion of data and order will be confirmed by mail sent to the address given by the user.
The user warrants that all data given during the purchase are complete, correct and real. The user accepts to keep Sordi Giuseppe & Sons Ltd. unharmed from any repaying obligation or sanction coming out and linked to the violation ,on the user’s side, of the rules of the access to the site. The user is the only one responsible of the inserted data and of any damage or prejudice caused to Sordi Giuseppe & Sons Ltd. or to third parties by an incorrect use or embezzlement. All the operations made in the name of the user are considered made by the customer to whom the data are referred.
Filling in the order form the user accepts to receive probable invitations to take part in the sales and commercial proposals of Sordi Giuseppe & Sons Ltd. In every moment sending an email to info@sordigiuseppe.com the user will be able to ask for not receiving promotions or invitations to take part in sales. The user will be able, in any case, to take part in sales through the direct access to the site.
The closed contracts are regulated by the Italian law and are provided in the Italian language.
Sordi Giuseppe & Sons Ltd. reserve the possibility to reject, on their own discretion, the registration of any user. Sordi Giuseppe & Sons Ltd. reserve, besides, the right not to accept orders ,from anyone, that are considered irregular in relation to the quantity of products bought or to the frequency of the purchases done on the Site.
The user will be able, in every moment, to cancel his own registration Sordi Giuseppe & Sons Ltd. through the sending of an email to the address info@sordigiuseppe.com.
the contract between Sordi Giuseppe & Sons Ltd. and the user has ended, subject to the verification of the rightness of data about the order and the occurred payment, with the acceptance of the order from Sordi Giuseppe & Sons Ltd.
the order form will be recorded in the data bank of Sordi Giuseppe & Sons Ltd. for the necessary period of time to the execution of the order and, however, within law limits.
4. Terms and Purchase conditions.
The products published on the Site are available in a limited period of time and in a limited quantity. The date of validity of the offers is shown on the site.
All the prices shown on the Site are expressed in Euro(€) and they are inclusive of the V.A.T. The amount will appear separately on the order form.
before the sending and on the email of the order confirmation. The cost of the sending is calculated on the grounds of the address given by the user and shown on the order form.
The price of the product shown on the Site in the right moment when the order has been sent, will be charged to the user. The products will belong to Sordi Giuseppe & Sons Ltd. until the occurred payment of the purchase price and of the charges from the user.
Sordi Giuseppe & Sons Ltd. will start the purchase order only after receiving the confirmation about the warrant to the payment of the due amount, composed of the purchase price, sending charges and any possible added cost, as shown in the order form.
Sordi Giuseppe & Sons Ltd. reserve the right not to confirm the orders coming from users with whom there are some controversies or in the case of the article 5.1.
5.1 The products offered on the Site are in a limited number. It can happen that the ordered product is not available any more after the registration of the purchase order or that it is going to be produced, in particular, in the months of October, November and December of every year. If the product isn’t available, the user will be quickly informed by email and the purchase order will be cancelled. Sordi Giuseppe & Sons Ltd., if the user doesn’t want to substitute the article with anything else of the same value, will refund the user all the expenses about the order, the sending , immediately, and however within 30 days since the day after the sending of the order. The amount of the repayment will be communicated by email and credited by paypal system.Sordi Giuseppe & Sons Ltd. decline every responsibility for possible delays in the credit that depend on the bank or owing to circumstances beyond one’s control.
The deliveries will be made by carriers enabled within the Italian country and the countries belonging to the European Union to the post address shown by the user in his order form.
The delivery times are the ones expressed in the confirmation of the purchase order. If there is anything missing in the delivery order, this will occur within 30 days from the moment after the sending of the order.
The deliveries will be made from Mondays to Fridays, during the working timetable, except national holydays.
In the case of some obstacles to the delivery due to circumstances beyond one’s control, Sordi Giuseppe & Sons Ltd. will take care of getting in touch with the user through email to inform him about the delay about the delivery. Sordi Giuseppe & Sons Ltd. won’t be considered responsible about delays due to others or circumstances beyond one’s control.
The delivery will be considered completed when the product is at the user’s disposition at the address mentioned in the order form.
In the case of missing delivery because of the absence of the addressee at the mentioned address, the carrier will leave a postcard to certify the delivery attempt. On the postcard there will be the data the user will have to utilize to keep in touch with the carrier and to make an appointment about the second delivery attempt. After two delivery attempts failed, the parcel will be unclaimed and the Customer Service of Sordi Giuseppe & Sons Ltd. will take care of keeping in touch with the user to unblock the stoppage and to make the delivery realizable as soon as possible. If this attempt isn’t positive too, the purchased product will be sent to Sordi Giuseppe & Sons Ltd. When 30 days have passed from the date when the product has been sent back to Sordi Giuseppe & Sons Ltd., the contract will be considered rescinded and the purchase order cancelled following the art. 1456 c.c. Sordi Giuseppe & Sons Ltd. will proceed in the repayment of the amount paid by the user, net of the charges of the failed delivery of the product, as well as the charges about the return of it to Sordi Giuseppe & Sons Ltd. And the custody charges.The cancellation of the contract and the amount of the repayment will be communicated to the user by email. The amount of the repayment will be credited by bank transfer. If, before 30 days, the user asks for receiving the purchased product again, Sordi Giuseppe & Sons Ltd. will proceed with a new delivery against debit, in addition to the delivery charges, the charges about the return of the product to Sordi Giuseppe & Sons Ltd. and the custody charges. It’s up to the addressee to verify the conditions of the delivered product.
If the package contains clear marks of breaking or forgery, the user will have to mark it in the precise moment of the delivery signing the proper document put before by the carrier. In the case of the missing report as mentioned above, the customer won’t able to make up for a damage at Sordi Giuseppe & Sons Ltd.’s expense, that are not responsible for the missing communication by sign with reserve.
Following the art. 59 of the Consumer Code, the right of recession is excluded when the sale has, as object, pre-packed custom-made products or that, because of their nature, they can’t be sent back or can deteriorate or can go bad rapidly or sealed goods which can’t be given back for hygienic reasons or related to health protection and they have been opened after the delivery. The user, in particular, is informed and accepts that among the products which “risk to deteriorate or to expire” or “ that can’t be given back and put on the market again for hygienic reasons or related to health protection” there are both foodstuffs and cosmetics subject to alteration for a possible inappropriate conservation.
Sordi Giuseppe & Sons Ltd.
The recession could be anticipated by email to the email address: info@sordigiuseppe.com on condition that the recession communication will be confirmed by registered letter with acknowledgment of receipt within the following 48 hours. The costs and the risks linked to the return of the goods are charged to the user.
Following the art.57, II point, of the Consumer Code, the user is responsible of the decrease of the value of the products coming from a handling and/or alteration of the same products. In this case Sordi Giuseppe & Sons Ltd. Put off asking the user for the repayment of the reduction of the verified value.
About the assertion of the right of recession it is not requested that the goods to be given back must be assured against theft and damage caused during transport. Nevertheless, as the risk about the return of the goods weighs on the buyer, Sordi Giuseppe & Sons Ltd. invite the buyer who wants to exercise the right of recession to assure, at one’s cost, the sending for the value shown in the confirmation email of the purchase order.
According to the art. 56, III point,of the Consumer Code, only after the return of the product as sent and only after verifying that the user has arranged to send the goods back, Sordi Giuseppe & Sons Ltd. will proceed, in a shorter time, to the refund of the user. The amount of the refund will be credited on the same means of payment used for the purchase, except that it hasn’t been differently arranged with the user.
The payment of the products purchased on the Site is made in the following way: – Paypal allows you to pay by your credit card or by your Paypal account ( rechargeable through money transfer or prepaid credit card). Paypal does not involve any added cost for the customer. Attention: if the chosen articles have different dates of delivery, the period of sending of the entire order will have the reference to that one with the delivery foreseen in longer times.
If the invoice is considered necessary or the user is not that one defined in the art. 3, point 1, lett.a of the Consumer Code, the customer has to communicate it during the process of buying.In this case there won’t be applied the discipline of recession mentioned in the art. 7 of the General Conditions or the previsions generally applied to the “consumers”. Information and the procedure about the request of invoicing are available in the section registration clicking on the blue lace “ Data of invoicing” once inserted the data of sending.
In the case of failed payments, Sordi Giuseppe & Sons Ltd. will debited the costs related to the unpaid management to the user and will reject the relevant purchase order, communicating it by email.
9. Warrants and non conformity of the products.
The products offered on the Site suit the national and public legislation present in Italy.
The description of the products offered on the Site is that one online and, in a more in-depth way, in the relevant technical files that can be requested to Sordi Giuseppe & Sons Ltd. The images and colours of the published products on the Site could be different from the real ones because of the local plannings of the systems or the instruments used for their display. Sordi Giuseppe & Sons Ltd. are not responsible for the missing correspondence between the ordered product and the description of the product on the Site, in the case that the missing correspondence comes from mistakes of the description attributable to the supplier of e-commerce assistance and about which Sordi Giuseppe & Sons Ltd. didn’t and couldn’t know anything.
In the case of rescission of the contract, Sordi Giuseppe & Sons Ltd. will give the price paid by the user back, together with the sending charges and possible added costs. In the case of reduction of the price, Sordi Giuseppe & Sons Ltd. will give back the amount of the reduction previously arranged with the user. In any case the amount of the repayment will be communicated to the user by email and credited on the means of payment utilized by the user for the purchase. The user will have to arrange, with the Customers Service of Sordi Giuseppe & Sons Ltd., how to send the goods.
The products repaired, modified or altered by the user are excluded from the Legal Warrant. At the same time there are excluded possible failures or malfunctions or lacks of other type coming from casual events or responsibilities of the user that is the use of the product not in accordance with its use destination and as provided in the technical documentation enclosed to the product, where existing, or in the use instructions in accordance with the same one.
Sordi Giuseppe & Sons Ltd. will never be considered responsible about the default of any obligation coming from the actual General Conditions supposing that the default is caused by pure chance or owing to circumstances beyond one’s control, including as examples, natural disasters, terrorist attacks, malfunctions of the net and blackout, inefficiency of the e-commerce manager.
Every possible complaint will have to be transmitted to Sordi Giuseppe & Sons Ltd. utilizing the Internet site, section Contacts or phoning at the number 055-960028 or by registered letter addressed to: the attention of Quality Office Sordi Giuseppe & Sons Ltd. via Caselli, 2 52026 Castelfranco Piandiscò (Arezzo).
11. Obligations and Responsibilities of Sordi Giuseppe & Sons Ltd.
Sordi Giuseppe &Sons Ltd. will undertake to correct all the mistakes present in the description of the products offered on the Site, in a shorter time, starting with the report of the same ones. The report of these mistakes can be done contacting the Customer Service of Sordi Giuseppe & Sons Ltd. at the addresses and numbers mentioned before.
Sordi Giuseppe & Sons Ltd. are not responsible in the case of damage, of any nature, coming from the use and preservation of the product in an improper way or not conformable to the instructions supplied by the producer as well as in the case of damage coming from pure chance or owing to circumstances beyond one’s control.
Sordi Giuseppe & Sons Ltd. will not be responsible supposing losses of proceeds, benefits, data or any possible indirect damage of any nature coming or connected with contracts subjected to the General Conditions.
The responsibility of Sordi Giuseppe & Sons Ltd., in any case, could not be superior to the total value of the purchase order.
Sordi Giuseppe & Sons Ltd. could never be considered responsible for the default of any obligation coming from contracts subjected to the General Conditions supposing that the default is caused by pure chance or owing to circumstances beyond one’s control, including as examples, natural disasters, terrorist attacks, malfunctions of the net and blackout.
This informative report is given,following the art. 13 of the lgs n. 196/ 2003 ( Code about the protection of personal data), to the ones who use the web services of Sordi Giuseppe & Sons Ltd. accessible at the address www.sordigiuseppe.com and is pertinent with all the personal data Sordi Giuseppe & Sons collect and detain about their users and their account , while it is not applied to the data collected from other web sites eventually consulted by the user through a link with external pages of a third party. With the expression “personal datum” it is meant any information related to a physical person, identified or identifiable, even indirectly, through a reference to any other piece of information (art. 4 lett b, Code).
What the data dealt by Sordi Giuseppe & Sons Ltd. are.
The personal data dealt by Sordi Giuseppe & Sons Ltd.(“ Data Service”) are data collected because (i) provided directly by the interested person; (ii) provided by a third party; (iii) automatically.
the data provided directly by the interested person are all the personal data inserted in the Site (to surf, to buy products online or for any other reason) or that are given to Sordi Giuseppe & Sons Ltd. with any condition. Any subject interested, within the terms of law, can decide not to allow the processing of all or part of his personal data , although that exclusion could limit or exclude the use of part of the services of Sordi Giuseppe & Sons Ltd. Examples of data supplied directly by the interested people are: name, address and telephone number, possible data about the credit card ( treated as far as the necessary time for the purchase), a communication about the fiscal code to the SIAN portal of the Ministry of the Agricultural and Forestal Policies about the fulfiments of law, the names of the addressees of the orders, if they are different from the buyer. In general, all the data supplied to make the fulfiment of a purchase order, the development of researches of products on the Site, the compilation and the use of the profile on the Site, the facilitation of the delivery of the products with the communication of the data related to the numbers or addresses for a contact (e.g. Telephone, email, address).
The data supplied by third parties are all personal data that Sordi Giuseppe & Sons Ltd. collect from other sources ( companies of post services, carriers, companies of data entry) to carry out their services. In this case too, any interested subject, within the terms of law, can decide not to allow the treatment of all or part of his data, although such an exclusion could limit or exclude the use of part of the services of Sordi Giuseppe & Sons Ltd. Examples of data supplied by third parties are those data related to updatings or corrections received on the occasion of deliveries from carriers or partner conveyors or others, the data on the visited web pages that could be received by other commercial operators with whom Sordi Giuseppe & Sons Ltd. could cooperate in some enterprises.
The data collected automatically are the web surfing data or “cookies”. The data processing and the software procedures chosen for the functioning of the web Site acquire, during their ordinary exercise, some personal data whose transmission is implicit in the use of Internet protocols. It is about some information that, generally, is not collected to be associated with identified interested people, but that for its nature, it could, through processes and associations with data detained by a third party, allow to identify the users. In this categoty of data there are the addresses IP or domain names of the computer utilized by the users who connect with the site, the addresses in marking URI (Uniform Resource Identifier) of the requested resources, the time of the request, the method used in submitting the request to the server, the dimension of the file obtained in reply, the numerical code showing the state of the answer given by the server ( good end, mistake) and other criteria related to the operating system and the data processing setting of the user. These data are mainly utilized to get statistical information about the use of the site and to control its right functioning. The data could be utilized to be certain about the responsibility in the case of hypothetical data processing crimes against the Site.
A cookie is a file of reduced dimensions sent to a web site and memorized in the browser of the user while he is utilizing an Internet site. The cookies can be memorized only for the use time of a specific site (session cookie) or for a longer period of time and independent from the session (persistent cookie). The cookies operate in combination with the content of the Internet site and normally they have the function to improve the availability and experience of surfing the web. They allow Sordi Giuseppe & Sons Ltd. to know the visualized contents, the selected choices and every use of the site from the user. This facility permits Sordi Giuseppe & Sons Ltd., besides, to offer the most useful and relevant advertising for every single user. Sordi Giuseppe & Sons Ltd. could also cooperate with third companies, that use tracing technologies, to make advertising on the Internet. These companies can pick up information, anonimously, about visits on our Site.
To pursue the aims mentioned before, or to pursue other purposes, the cookies collect and register the surfing information, although Sordi Giuseppe & Sons Ltd.’s policy is to let the user the choice about the use or not of those cookies.
Consequently, in the case when the user blocks or obstructs the use of the cookies, some facilitiesof the site could be obstructed or lessened or however not efficient.
In addition to allowing an easy use of the Site , Sordi Giuseppe & Sons Ltd. utilize the cookies on the Site for different aims, among which: (i) identifying the user when he carries out the log-in on the Site; (ii) memorizing the products saved in the trolley for their purchase; (iii) avoiding fraudulent uses of the accounts or payments; (iv) if authorized, helping the making of the profile of the use and so giving him directions about products of his interest or other contents or personalized offers; if authorized, supplying promotions, contents, advertisements linked to the user and his preferences and remembering those preferences; (vi)carrying out market researches; (vii) improving the Site, the offer of products from Sordi Giuseppe & Sons Ltd. and the marketing of the same ones. At the moment, the Site is utilizing the following types of cookies with the functions shown below, that the user can activate or disactivate in the section “ Cookies Setup” present at the bottom of each page of the Site.
They are cookies necessary for the surfing as they permit the correct use of the Site and its whole functionality. They include the cookies that permit the creation of a personalized account, the fulfiment of the log in, the display of the contents in the chosen language for every access, understanding from which country the user is connected( remembering this setup for the future accesses) and the management of the orders. These cookies are strictly necessary for the functioning of the Site and their deactivation could damage the experience and the good outcome of the surfing.
In this category there are also analytical cookies, which permit, through other data prosessing systems, the statistic analysis of the surfings of the users on the Site, with the only aim of understanding the use from the users.They include for example the cookies which register the click number made on a page of the Site and the page number visited by the users. This analysis occurrs on data united and anonymous and have only statistical aims. They aren’t essential for the functioning of the site but, being considered anonymous, they don’t damage the interests of the data owners.
In this category there are the following cookies: Cookies functional to the use of the Site: they permit Sordi Giuseppe & Sons Ltd. to facilitate and improve the use of the Site from the user . They permit to recognize the user at every access ( if the user has asked for it through the function “Recognize me at the next access”), avoiding the new introduction of the data at each new session of surfing or remembering ( for a determined period) the purchase done at the previous access if the purchase hasn’t arrived at the end in this occasion. They aren’t necessary for the surfing on the Site but they aim at facilitating and accelerating the use.
Cookies of third parties about marketing/retargeting: they are cookies of third parties which permit the collection of information about the user to allow a promotional communication more specific and personalized towards the user. They include the cookies related to the introduction of advertising banners in the Site related to third companies or chosen products or examined by the user or similar products. These cookies don’t require necessarily the treatment of personal data and they can be deactivated without preventing the right surfing on the Site, nevertheless their deactivation implies mainly the reception of promotional messages that could be of no interest for the user. How can I disable the cookies? Operating on the browser setups, the computers permit to inform the user every time a cookie is sent or they permit the total deactivation of the cookies.Their complete deactivation could bar a lot of functionalities or the correct surfing or display of the Site or other web pages.
PLACE, WAYS OF THE DATA TREATMENTS AND SUBJECTS TO WHOM THE DATA CAN BE COMMUNICATED.
In every other case, apart from what provided from the rules of law, the personal data aren’t given or communicated to others.The personal data are collected as regards the obligations and guarantees provided by the Code and are treated, predominantly, by electronic and telematic tools, for the time strictly necessary to pursue the aims because of which they have been collected. Specific safety measures are observed to prevent the loss of data, illicit uses or incorrect and accesses not authorized.
As soon as the personal data aren’t necessary for the aims because of which they have been collected, Sordi Giuseppe & Sons Ltd. will provide for their elimination, unless the law foresees storage obligations or that the user has permitted the treatment for a longer time or their storage.
Following the art. 7 of the Code, every user has the right to get the confirmation of the existence or not of his own personal data, even though not registered yet and their communication in a comprehensible way. In particular, every user has the right to get from Sordi Giuseppe & Sons Ltd. every type of news about: (i) the origin of the personal data; (ii) the aims and ways of treatment; (iii) the ways through which electronic and data processing tools deal with the data; (iv) the identifying elements of the holder and the possible responsible people of the treatment chosen; (v) the identifying elements of the subjects and categories of subjects to whom the data can be communicated. Besides every user has the right to get from Sordi Giuseppe & Sons Ltd. the updating, the correction or the integration of his own data such as the cancellation of the same ones in the case of illegitimate treatments or in the other law cases, with the blockage of the data treated in violation of a law.
Finally every user has the right to oppose, in everything or something, the treatment of the personal data about himself, though pertaining to the aim of the collection, for legitimate reasons and purposes of sending advertising material, direct sale and the fulfiment of market researches. The requests about the previous points will be addressed by registered letter or email to the Responsible of the Treatment shown in the following paragraph.
The holder of the data treatment is Sordi Giuseppe & Sons Ltd., with the legal seat in Castelfranco Piandisco (Ar), via Caselli 2, Fiscal Code/ VAT registration: 00260700513. The updated list of the Responsible People of the treatment (if named) can be found at the legal seat of Sordi Giuseppe & Sons Ltd. mentioned above.
allowing the assent to specific and further services, such as the receipt of newsletter for the communication about promotional offers and other informative services or for the development of statistical activities and market researches. For all the purposes above mentioned, Sordi Giuseppe & Sons Ltd.will be able to charge some external suppliers to whom only some data strictly necessary for the task, will be transmitted. The assignment of data for the purposes following the points n.1 and n.2 above, as necessary to carry out the sale and delivery of the products and services purchased on the Site or for the registration to the same one, is obligatory and the refusal to offer the related consent to the Treatment makes it impossible to carry out the requested services with regard to the purchase of goods and services on the Site and the registration to the same Site. The assignment of the data for the purposes following the point n.3 ( newsletter for promotional, informative or research aims) is optional and the refusal to offer the related consent to the Treatment allows, however, to carry out the contractual relation with Sordi Giuseppe & Sons Ltd. to provide the services following the points n.1 and n.2 mentioned above, but it will create the impossibility to be updated about commercial enterprises or promotional campaigns, to receive offers or other promotional material and/or to send the user personalized offers. If this agreement has been given through the selection of the square “ Join the Newsletter”, Sordi Giuseppe & Sons Ltd. will be able to send the user some advertising or promotional messages, utilizing all the addresses provided, within the limits of what foreseen by the Code and considering the right of the user to deny, in every moment, such an use , even in relation only to some communicated addresses (opt-out). In relation to the points 1 and 2 about the paragraph “ Purposes of the Treatment” I authorize the treatment ( the consent is obligatory to allow the user to receive the required services).

matches:
art. 1456
art. 59
art.57
art. 56
art. 3
art. 7
art. 13
art. 7


§ 266-2 Responsibilities and obligations of household, City or contractor.
§ 266-3 Receptacles and containers.
§ 266-4 Pad or base for placement of containers.
§ 266-5 Snow and ice on containers.
§ 266-6 Placement of front-loading containers.
§ 266-7 Placement of receptacles.
§ 266-8 Wastepaper to be securely fastened.
§ 266-9 Placement of glass and metal containers.
§ 266-10 Removal of construction, trade and surgical wastes.
§ 266-11 Placing and disturbing contained wastes in public places.
§ 266-11.1 Collection of recyclables.
§ 266-11.2 Collection of large metal items.
§ 266-12 Placement at curbs; placement on streets under construction.
§ 266-14 Collectors not required to enter public places.
§ 266-16 Bulky recyclable waste metals.
§ 266-17 Cleanup program authorized.
§ 266-18 Transfer site to be maintained.
§ 266-19 Compliance with curbside recycling required.
§ 266-21 Improper disposal of toxic waste.
§ 266-22 Improper disposal of surgical tissue remains.
§ 266-23 Bulky waste metal disposal to comply with chapter.
§ 266-24 Unauthorized disturbance of waste placed for collection.
§ 266-24.1 Unauthorized collection of recyclable materials.
§ 266-25 Vehicles heaped in manner to scatter refuse.
§ 266-26 Placement and deposit of wastes in public places.
§ 266-27 Removal by authorized persons only.
§ 266-28 Violations and penalties.
Advertising materials and graffiti — See Ch. 118.
Brush, grass, weeds and debris — See Ch. 159.
Fire prevention and protection — See Ch. 240.
Junkyards — See Ch. 320.
Parks and recreation — See Ch. 390.
Property maintenance — See Ch. 418.
Sewers — See Ch. 465.
Snow, ice and debris removal — See Ch. 477.
Abandoned vehicles — See Ch. 548.
Responsibilities and obligations of household, City or contractor.
Pad or base for placement of containers.
Snow and ice on containers.
Wastepaper to be securely fastened.
Placement of glass and metal containers.
Removal of construction, trade and surgical wastes.
Placing and disturbing contained wastes in public places.
Collection of large metal items.
Placement at curbs; placement on streets under construction.
Collectors not required to enter public places.
Transfer site to be maintained.
Compliance with curbside recycling required.
Improper disposal of toxic waste.
Improper disposal of surgical tissue remains.
Bulky waste metal disposal to comply with chapter.
Unauthorized disturbance of waste placed for collection.
Unauthorized collection of recyclable materials.
Vehicles heaped in manner to scatter refuse.
Placement and deposit of wastes in public places.
Removal by authorized persons only.
Any large, heavy and/or bulky household appliances, furniture and furnishings which cannot easily and safely be placed in the common collection vehicle known as a "load packer" or "dumpster." This includes items of ferrous and nonferrous aluminum.
Any scrap lumber, metal, earth, sand, bricks, stone, plaster, roofing and siding material and any other debris of a similar nature which accumulates and is incidental to the construction or major renovation of buildings, public works or other projects. Light debris from minor repairs and renovations shall not be construed as "construction debris."
Includes, but is not limited to, refrigerators, stoves, hot-water heaters, washers, dryers, bicycles and tire rims.
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material or any combination thereof, including but not limited to any bottle, jar or can or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material but does not include the waste of the primary process of mining or other extraction processes, logging, sawmilling or farming.
A container suitable for the depositing of litter.
One or more individuals, male or female, partnership or partnerships, corporation or corporations.
Implies a family dwelling of four or fewer units.
Includes combustible debris, that is, paper, cardboard, rags, mattresses, discarded wearing apparel, furniture, carpets, rubber, grass cuttings, plant trimmings and leaves. It also includes ashes or the residue from the burning of coal or other fuel as well as accumulations of dirt and such other noncombustible materials. It shall also include bottles, broken glass, crockery, tin cans and discarded tires and rims.
Includes the useless, unwanted or discarded material with insufficient liquid content to be free-flowing and shall mean and include rubbish, garbage, kitchen waste, food waste, vegetable matter, condemned foods, animal or vegetable matter, offal, decaying and decomposing matter, leaves, ashes, tin cans, bottles, rags, glass, grass, yard cuttings, branches, wastepaper and waste products, household items, refuse and other customary household waste and discarded waste material which shall be collected and disposed of from residential dwelling units.
Includes, but is not limited to, by-products of medical clinics and by-products of oral surgery.
— A material normally generated by or used in chemical, petrochemical, plastic, pharmaceutical, biochemical or microbiological manufacturing processes or petroleum refining processes, which has been selected for waste disposal and which is known to hydrolize, ionize or decompose, which is soluble, burns or oxidizes, which may react with any of the waste materials which are introduced into the landfill or which is buoyant on water or which has a viscosity less than that of water or which produces a foul odor. Chemical waste may be either hazardous or nonhazardous.
— Any waste or any combination of wastes which poses a present or potential threat to human health, living organisms or the environment. "Hazardous waste" shall include, but not be limited to, waste material that is toxic, corrosive, irritating, sensitizing, radioactive, biologically infectious, explosive or flammable.
Includes all solid waste material resulting from a multifamily dwelling (in excess of four units, a commercial, industrial or other nonresidential establishment, trailer courts, apartment developments or waste from construction, demolition or home improvements.
Includes paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest.
Includes, but is not limited to, solid waste, construction debris, trade waste, bulk items and surgical tissue remains.
Includes newspapers, corrugated cardboard, magazines, bags, computer printout, computer tabular cards, white ledger and colored ledger.
"He" shall mean singular and plural, male, female or neuter gender.
It shall be the responsibility and obligation of the City and/or its contractor to remove, on a regular, scheduled basis, such solid waste as may normally be generated by a household between times of collection.
It shall not be the responsibility or obligation of the City and/or its contractor to remove, without prior agreement, any and all refuse which may be placed for collection at any time and in any place. When a household elects to clean out accumulated refuse from cellars, backyards, alleys, attics and spare rooms, it shall be the obligation of the household to place such material in such quantity and in such a manner as not to create a public nuisance and safety hazard or to arrange for private collection.
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than a litter receptacle.
Any person desiring his solid waste to be removed by the City of Camden or its duly authorized contractor shall provide suitable receptacles and shall place therein all solid waste which shall normally accumulate in, on or about his said property.
Receptacles in which solid waste shall be placed shall be leakproof and waterproof, with a lid to properly fit said container, in the case of metal or moulded rubber containers, so as to prevent the contents from being distributed over any street, byway or public place. Baskets, boxes or other receptacles with openings on the top or bottom shall not be used.
Receptacles herein required, together with their contents, shall be of such weights and designs as to be conveniently handled by one man, and no receptacle and contents shall weigh more than 50 pounds, except where conditions permit. Where it is in the interest of better and more efficient collection, wheeled containers of heavy metal or plastic not to exceed 1 1/2 cubic yards capacity, equipped with hinged lids and approved in design by the City or its contractor may be substituted for the previously designated fifty-pound containers. Such containers, where permitted, must be furnished and maintained in a tight and operable condition by the apartment owner or others and shall be provided in sufficient number to contain all the refuse generated between collections without spillage or overflow.
Litter receptacles and their servicing are required at the following public places which exist in the municipality: sidewalks used by pedestrians in active retail commercially zoned areas, buildings, held out for use by the public, including schools, government buildings, and railroad and bus stations, parks, drive-in restaurants, all street vendor locations, self-service refreshment areas, construction sites, gasoline service station islands, shopping centers, parking lots, campgrounds and trailer parks, marinas, boat moorage and fueling stations, boat launching areas, public and private piers operated for public use, beaches and bathing areas and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or sponsors of these events shall be responsible for providing for and servicing the receptacles such that adequate containerization is available. In active retail commercially zoned areas, there shall be no single linear quarter mile without a receptacle.
It shall be the responsibility of the owner to provide or utilize a suitable all-weather, hard pad or base upon which to locate the container so that it can be readily and freely wheeled to the point of contact with the loader without hand lifting.
Editor's Note: For related provisions, see Ch. 477, Snow, Ice and Debris Removal.
Containers shall be maintained by owners in an ice- and snow-free condition.
Front-loading containers shall be placed so as to be readily available for collection without moving.
All containers shall be placed as agreed between the City or its contractor and the owner.
The City will not enter private property to perform the task of solid waste removal.
It is the owner's responsibility to properly locate the solid waste to be removed.
Any such person shall place such receptacle(s), with its (their) contents, bundles or bulk items, upon the sidewalk, adjacent to the curb, in front of or along the side of his respective property or in the alley where alley collections are currently being made, on the days and times when the collection of such solid waste or bulk items shall be made.
No such receptacles, bundles or bulk items shall be placed on the sidewalk or alley for collection prior to 10:00 p.m. local time on the day before such materials are to be collected in his particular district.
No such receptacles, bundles or bulk items shall be placed in front of any street, alley, lane, road, highway or public place, nor in front of, nor along the side of nor behind the property occupied by another without consent of such other occupant.
Wastepaper products shall be bundled separately and secured in bundles not to exceed 40 pounds and shall not be contained in plastic bags.
Editor's Note: This ordinance also repealed former § 266-9, Bundling used newspaper.
Glass bottles and glass jars shall have the caps removed, and bottles and jars shall be rinsed and then placed into plastic or metal containers along with all of the metal caps and aluminum cans and/or tin cans. All of these materials may be placed in the same container. The containers shall not exceed 12 gallons' capacity.
It shall not be the responsibility of the City or its contractor to furnish collection vehicles or personnel to remove and dispose of construction debris, trade waste or surgical tissue remains. It shall be the responsibility of the construction contractor, property owner or his agent to have the construction debris, trade waste and/or surgical tissue remains removed and disposed of at his expense.
It shall be unlawful for any person to place or cause to be placed upon any vacant lot, street, alley, driveway or public place, any ashes, surgical remains, solid waste, construction debris, trade waste or bulk items or to disturb such material when properly placed, except in compliance with the provisions of §§ 266-2 through 266-11.
The designated day for recyclable materials for each section of the City will be other than the day designated for normal trash refuse. The designated days for each collection shall be established by the Director of Public Works.
Metal items, such as old refrigerators, stoves, hot-water heaters, washers, dryers, bicycles, tire rims (without tires) and any accumulation of ferrous or nonferrous metals, shall be collected by members of the Department of Public Works; however, the occupant must call the Public Works Service Center to make the arrangements for a special pickup.
All solid waste to be collected, removed and disposed of shall be placed at the curb (except alley collection) or within five feet of improved roadway at one collection point. In the case of corner lots, solid waste shall be placed at the improved roadway most accessible to the collection vehicle. This shall include all streets, accepted or otherwise, and shall include those streets that are temporarily closed for construction. In the latter case, special collection points shall be designated by the City of Camden if the condition of the street would prevent access thereto by the collector's trucks.
The contractor shall provide alley collection in those areas within the City of Camden where alley collection services are currently being provided. The contractor is advised that said alleys are narrow and of limited access. Small collection vehicles may be required to provide the alley collection services. It is estimated there are approximately 175 alleys throughout the City of Camden that require alley collection services.
No collection vehicle or employee of the City or its contractor shall be required to enter any private property, including apartment or condominium complexes, in order to collect any bundle, bulk item or the contents of any receptacle or dumpster, nor shall any vehicle of the City or its contractor enter into or under any building in order to collect such materials.
Residents who require the removal of any appliance, hot-water heater or furnishing that requires a special collection vehicle shall notify the contractor, who shall make provisions for the removal of the same within five working days at no additional cost to the residents or the City of Camden. The contractor shall be responsible to keep an ongoing schedule calendar of appointments of all bulk pickups. The residents will be assured that, on the day that has been scheduled by the contractor, he or his agent will pick up the bulk items as scheduled.
It shall be the responsibility of the City or its contractor to remove up to three bulk items at a time on the latter or second collection day of the week. Such items shall be reduced in size, where feasible, by partial or total disassembly or breakage. Refrigerators and other items which constitute a safety hazard to children or others by reason of sharp edges. self-locking doors, escaping gas or collapse shall be dismantled to the extent that they shall be rendered harmless. The placement of more than three such bulk items at a time on the proper collection day or the placement of any bulk items on any day other than the proper day shall be a violation of this chapter and shall be subject to fines as noted below.
The City of Camden has instituted a metal recycling program. Any person wishing to discard recyclable items shall call the City Department of Public Works within 10 working days before the disposal of the item. The Department of Public Works shall then establish a specific date for the collection of the item.
The City of Camden may elect to provide the residents of the City with a cleanup campaign under the auspices of the Department of Public Works.
The City of Camden shall maintain a transfer site at the Federal Street location, which will be maintained and operated at Department of Environmental Protection levels.
The citizens of this City are mandated to comply with the curbside recycling program. This program mandates the source separation and recycling of all wastepaper products, glass bottles, glass jars, aluminum cans, tin cans and large metal items.
Any contractor handling solid waste disposal in the City of Camden must obtain a license from the City for a fee of $159 per year.
No person shall improperly dispose of toxic waste.
Generators and haulers of toxic materials must follow state standards concerning disposal.
Toxic waste will not be picked up by the City or any contractor thereof.
No person shall improperly dispose of surgical tissue remains.
State disposal standards must be followed.
The City and its contractors are not responsible for the collection of surgical tissue remains.
No person shall dispose of any bulky waste metal items except as provided in this chapter.
No scavenger or other person shall break into, untie or otherwise unbundle any container, bundle or package of paper, solid waste or bulk item that has been placed on the sidewalk for collection.
No person, other than the employees of the City or its duly authorized contractor, shall disturb, remove, untie, unbundle or otherwise scatter any ashes, solid waste or bulk items where such material has been placed in the open or on any street, sidewalk or alley for collection or removal.
Recyclable materials placed at curbside for collection or in any recycling receptacle placed by the City are the property of the City of Camden or its authorized collection agent. It is a violation of this chapter for any person unauthorized by the City to collect or pick up or cause to be collected or picked up any such recyclable materials or receptacles.
Nothing in this section is intended to prevent any lawful occupier of lands and the structures located thereon from donating or selling recyclable material generated by that person or that person's immediate family or business' activities on that land or in those structures.
No person shall transport recyclable material on the public streets and sidewalks in any means of conveyance other than a lawfully registered motor vehicle.
No person shall cause or permit any cart, wagon, auto, truck or any other vehicle to be heaped up with manure, sand, earth, ashes, solid waste or any other material so that the contents, or any part thereof, may be scattered on any street, highway, public lane or alley or any other public place in the City of Camden.
No person shall throw, place or deposit any paper, circulars, ashes, solid waste or bulk items or wastes of any kind upon any street, alley, lane, road or highway nor in any inlet or catch basin in any such street or highway or any other public place in the City of Camden.
No person shall place or deposit ashes, solid waste or bulk items or other waste material upon any City properties.
No person shall discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
No residential property owner shall store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
No residential property owner shall store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
No residential property owner shall park or permit the parking of any vehicle on his or her residential lawn.
No person shall keep or permit the keeping on streets, vacant lots and residential lawns, except in a fully enclosed structure, any motor vehicle, trailer or semitrailer which is missing tires, wheels, engine or any essential parts; which displays extensive body damage or deterioration; which does not display a current, valid state license; or which is wrecked, disassembled or partially disassembled.
No vehicle shall be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.
No owner, agent or contractor in charge of a construction or demolition site shall permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
No residential or commercial property owner shall permit open or overflowing waste disposal bins on his or her property.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
No person shall remove or gather solid waste or bulk items from the streets, highways or alleys or from any lot, yard, house or other building in the City of Camden, except the duly authorized person with whom the City of Camden shall contract for the collection, removal or gathering of solid waste from the streets, highways or alleys or from any lot, yard, house or other building in the City of Camden.
This chapter and the penalties provided for herein shall apply to all forms of waste disposal in the City of Camden, except to the extent that the enforcement of this chapter and the penalties provided herein are preempted by federal or state law.