[HISTORY: Adopted by the Board of Supervisors
of the Township of Maidencreek as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-11-1999 by Ord. No. 162]
[1]
Editor’s Note: The title of this article was amended
7-12-2018 by Ord. No. 247.
[Added 6-12-2008 by Ord. No. 213]
As used in this article, the following terms
shall have the meanings indicated:
Any owner of a waste transportation vehicle licensed under
Pennsylvania Act 90.[1]
Garbage, refuse, industrial lunchroom or office waste and
other material; including solid waste, liquid or semisolid, or containing
gaseous materials resulting from the operations of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste in the Solid Waste Management Act[2] of the Commonwealth of Pennsylvania from a municipal,
commercial or institutional water supply treatment plant, wastewater
treatment plant or air pollution control facilities.
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in real estate in the Township of Maidencreek
or otherwise having control of the property, including guardian of
an estate of such person and the executor or administrator of the
estate of such person.
Any individual, partnership, corporation, limited liability
entity, association, institution, cooperative or state agency or institution,
or any other legal entity whatsoever, including all landowners and/or
occupants of land and/or buildings existing and/or functioning within
the Township of Maidencreek.
A lot, plot or parcel of land, including any structures thereon.
Person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
The Township of Maidencreek, Berks County, Pennsylvania.
A.
It shall be unlawful for any person or persons, company
or corporation:
(1)
To place or permit to remain anywhere in the Township
any garbage, or other material subject to decay other than leaves
or grass, excepting in a tightly covered container; excepting that
a mulch heap is permitted, which is properly maintained for gardening
purposes and does not materially disturb or annoy persons of ordinary
sensibilities in the neighborhood.
(2)
To cause or permit to accumulate any dust, ashes or
trash of such a material that it can be blown away by the wind anywhere
in the Township excepting in a covered container.
(3)
To deposit or permit to fall from any vehicle any
garbage, refuse or ashes on any public or private street or alley
in the Township or in any ditch or easement area; provided, that this
section shall not be construed to prohibiting placing garbage, refuse
or ashes in a container complying with the provisions of this article
preparatory to having such material collected and disposed of in the
manner provided herein.
(4)
To dump or place any garbage, refuse or ashes on the
premises of another in the Township without first obtaining a permit
from the Township Zoning Officer authorizing same. It shall also be
unlawful to dump or place any garbage, refuse or ashes into any residential,
commercial or municipal refuse containers in the Township without
first obtaining permission of the subscriber.
(5)
To store more than seven days of garbage which may
pose potential health and safety problems to the community.
B.
The placement for removal of garbage, refuse and other
items, as well as garbage containers, shall be regulated as follows:
(1)
Garbage, refuse or other items to be removed by trash
operators shall not be placed at the edge of any public or private
roadway within the Township no more than 24 hours prior to pickup.
(2)
All empty garbage containers must be removed from
the edge of any public or private roadway within the Township no more
than 12 hours after pickup.
(3)
Prior to trash pickup, the owner of every dwelling
shall store their trash in such a way that it does not scatter, attract
vectors, accumulate water or cause odors.
[Added 6-12-2008 by Ord. No. 213]
C.
Removal by licensed haulers.
[Added 6-12-2008 by Ord. No. 213]
(1)
Every owner in Maidencreek Township shall contract
with an individual, entity or firm which is a licensed hauler by the
Commonwealth of Pennsylvania to have all the municipal waste generated
on the premises by any of the occupants of the premises removed and
deposited in a permitted landfill on a weekly basis or more often.
(2)
Whenever requested by Maidencreek Township, within
72 hours of the request, the owner of any real estate within the Township
shall present proof adequate to the Township to demonstrate that the
owner has a current contract with a licensed hauler to dispose of
municipal waste generated on the premises on a weekly basis or more
often.
(3)
Any hauler picking up municipal waste in Maidencreek
Township shall be required to advise the Township in writing within
72 hours after request from the Township as to whether an owner has
a current contract for municipal waste disposal from his premises
within the Township. All licensed haulers shall cooperate with the
Township designee in providing information in the event that an action
is instituted to enforce the terms and conditions of this article.
[Amended 6-12-2008 by Ord. No. 213]
A.
Any person who fails to comply with the provisions
of this article or violates any of the provisions set forth above
commits a summary offense and shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus court costs for each such
violation hereof. This article may also be enforced by civil enforcement
proceedings and in that event, offenders shall be liable for a civil
enforcement fine of not more than $600 per violation. Whether, enforced
civilly or through summary proceedings, or both, each day a violation
continues shall constitute a separate offense pursuant hereto.
B.
No penalty herein shall prevent the Township from
enforcing this article by equitable, injunctive and other remedies.
[Adopted 2-20-2003 by Ord. No. 192]
This article shall be known and may be cited
as the "Township of Maidencreek Recycling Ordinance."
The following words and phrases, when used in
this article, shall have the meanings given to them in this section,
unless the context clearly indicates otherwise:
Clean, nonaerosol and empty all-aluminum beverage and food
containers.
Any person, firm, corporation or other entity licensed or
contracted by the Township of Maidencreek to handle recyclables in
accordance with the provisions of this article.
Clean, nonaerosol, empty food or beverage containers consisting
of steel and aluminum.
Any property used primarily for business and/or commercial
purposes and those multiple-dwelling residential buildings containing
more than four dwelling units.
Events sponsored in whole or in part by a municipality, or
conducted within a municipality and sponsored privately, which include,
but are not limited to, fairs, bazaars, socials, picnics, and organized
sporting events that will be attended by 200 or more individuals per
day.
[Added 10-10-2013 by Ord.
No. 232]
Structural paper or cardboard material with an inner core
shaped in rigid parallel furrows and ridges.
A room or a group of rooms located within a structure and
forming a single-family habitable unit with facilities, which are
used or intended to be used for living, sleeping, cooking and eating
for the exclusive use of the occupant(s) thereof.
An agreement entered into between the Township of Maidencreek
and a person, corporation, or other entity for the collection and/or
disposal of recyclables within the Township of Maidencreek to the
extent provided in this article and such agreement.
The United States of America together in any of one or more
of its departments and agencies.
Clean, nonaerosol empty steel or tin-coated steel food or
beverage containers.
Bottles and jars made of clear, green, or brown glass. Excluded
are tempered or plate glass, automotive glass, blue glass, porcelain,
ceramic, Pyrex, coffee mugs, drinking glasses, fluorescent and incandescent
lighting bulbs.
All white paper, bond paper and computer paper.
Any establishment engaged in the manufacturing, packaging,
and/or processing of any goods and/or materials, including the wholesale
production or processing of food or food products.
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers and nursing homes.
Include but not be limited to automotive, truck, and/or industrial
batteries that contain lead.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials but not including grass clippings.
[Amended 7-12-2018 by Ord. No. 247]
Printed matter containing miscellaneous written pieces assembled
or bonded together in booklet form published at intervals other than
newspapers.
A parcel of land under single ownership, which has been planned
and improved, for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
Housing, apartment buildings or apartment complexes, which
have more than four dwelling units, including condominium associations
and homeowners associations of more than four dwelling units which
are established and organized in such a manner that the association
provides common services for the members. This definition shall also
include apartment buildings and apartment complexes owned and operated
by institutional establishments if such institutional establishments
charge a rental fee for such dwelling unit.
Public facilities operated by the municipality and other
governmental and quasi-governmental agencies.
Any garbage, refuse, industrial, lunchroom or office waste
and other material; including solid waste, liquid or semisolid or
containing gaseous materials resulting from the operations of residential,
municipal, commercial, or institutional establishments and from community
activities and any sludge not meeting the definition of residual or
hazardous waste in the Solid
Waste Management Act[1] of the Commonwealth of Pennsylvania from a municipal,
commercial, or institutional water supply treatment plant, wastewater
treatment plant, or air pollution control facilities.
Paper of the type commonly referred to as newsprint and distributed
at various fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded from this definition of newspapers are magazines.
Any individual, partnership, corporation, limited liability
entity, association, institution, cooperative or state agency or institution,
or any other legal entity whatsoever, including all landowners and/or
occupants of land and/or buildings existing and/or functioning within
the Township of Maidencreek.
Empty and clean consumer product containers made of polyethylene
terephthalate (PET) high-density polyethylene (HDPE): including but
not limited to, plastic bottles for soda, milk, and other consumer
food products and for certain household cleaning products and personal
care products.
Any product generated by a business or consumer which has
served its intended end use and which has been separated or diverted
from solid waste for the purpose of collection, recycling and disposition,
including industrial by-products that would otherwise go to disposal
or processing facilities, but NOT including internally generated scrap
that is commonly returned to industrial or manufacturing processes.
Any state agency or local agency of the commonwealth and/or
the Township.
Those materials specified by the Township of Maidencreek
for separation from municipal waste for collection, transportation,
processing, and marketing as part of a recycling program.
The program or system of separation from municipal waste
collection, transportation, processing, and marketing of recyclables.
A dwelling unit occupying all of one structure.
The Commonwealth of Pennsylvania, together with any one or
more of its departments and agencies.
Clean, nonaerosol, and empty all steel (ferrous metal) containers.
No paint cans.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste. It shall
be presumed that the containment of any municipal waste in excess
of one year constitutes disposal.
The Township of Maidencreek, Berks County, Pennsylvania.
Twigs, tree trimmings and shrubbery trimmings not to exceed
three inches in diameter and not to exceed 12 feet in length.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
The Township of Maidencreek hereby establishes a recycling
program for the mandatory separation and recycling of recyclables
from all municipal waste generated within Maidencreek Township. From
and after the effective date of this article, all owners and/or occupants
of single-family dwelling units of one to four dwelling units per
structure, multifamily establishments, commercial establishments,
institutional establishments, industrial establishments, mobile home
parks, community activities, and municipal establishments within the
Township of Maidencreek, Berks County, Pennsylvania, shall participate
in recycling in accordance with this article. Any person within the
Township who fails to participate in recycling or acts contrary to
the terms of this article and any regulations promulgated herein under
shall be subject to the penalties set forth below.
[Amended 10-10-2013 by Ord. No. 232]
B.
The Township shall institute an education program
for all persons within the Township concerning the recycling program.
Recyclables may include but is not limited to the following:
(1)
Corrugated paper.
(2)
Newspapers.
(3)
High-grade office paper.
(4)
Clear glass.
(5)
Brown glass.
(6)
Green glass.
(7)
Aluminum cans.
(8)
Steel (ferrous) cans.
(9)
Bimetallic cans.
(10)
Plastic containers.
(11)
Leaf waste.
(12)
Other items or materials designated by a resolution
of the Board of Supervisors of the Township.
A.
General. A duty is hereby imposed upon every person
within the Township to separate recyclables from municipal waste,
to store and keep the same in accordance with this article, and to
place the same for collection by an authorized collector in accordance
with this article and its regulations.
B.
Designation of recyclables to be collected. Recyclables
shall be source separated, held, stored, and transported by authorized
collectors as follows:
(1)
Storage and collection of recyclables from one single-family
dwelling unit of one to four dwelling units within a structure and
mobile home parks.
(a)
Curbside recycling. The Township shall provide curbside recycling in accordance with regulations promulgated under § 178-10 of this article.
(b)
Containers. All recyclables generated and accumulated
by the persons, owner(s) and/or occupant(s) of single-family dwelling
units of one to four dwelling units within a structure and mobile
home parks shall be placed in containers for collection by an authorized
collector. Such containers shall be durable, and shall be made of
plastic. The capacity of such container shall not exceed 20 gallons.
Containers for curbside recyclables shall be as specified by the Township
or as provided by the Township.
(c)
Location of containers. Each container of recyclables shall be placed for collection so as to be accessible to the authorized collector at ground level and at a location immediately behind the curbline of the street from which the collection of recyclables is made. If there is no curbing, containers are to be placed at a location agreeable among the resident, the Township and the authorized collector. Leaf waste and newspapers shall be collected for recycling or designated by the Township in the regulations to be promulgated pursuant to the terms of § 178-10 of this article.
(2)
Storage and collection of recyclables from multifamily
establishments.
(a)
Recycling program. The owner of each and every
multifamily establishment shall cause the multifamily establishment
to engage in recycling as set forth in this article. All persons owning
and/or occupying multifamily establishments shall comply with the
terms of this article by compelling municipal waste haulers servicing
multifamily establishments, to provide recycling in accordance with
this article. All persons owning and/or occupying multifamily establishments
who do not receive curbside recycling by the Township pursuant to
this article shall file with the municipality not later than 15 days
after the end of each calendar quarter, original weight slips for
all recyclables collected and disposed of in accordance with this
article. Said slips shall show the recyclables collected, the weight
of the same, and the facility and/or facilities receiving the same.
(b)
Containers. Recyclables generated and accumulated
at multifamily establishments shall be placed in containers approved
by the owner(s) of such establishments and approved by the Township.
(c)
Location of containers. Containers of recyclables
generated and accumulated by multifamily establishments shall be located
on the premises of the owner(s) and/or occupants of such establishments
at a place agreed upon by such person(s) and the authorized collector.
Such locations shall not interfere with public or private sidewalks,
walkways, driveways, roads, streets, highways, alleys or entrances
and exits of public or private buildings.
(3)
Storage and collection of recyclables from commercial
establishments, institutional establishments and industrial establishments.
(a)
Recycling program. The owner of each and every
commercial establishment, institutional establishment and industrial
establishment shall cause the commercial establishment, institutional
establishment and industrial establishment to engage in recycling
as set forth in this article. All persons owning and/or occupying
commercial establishment, institutional establishment and industrial
establishment shall comply with the terms of this article by compelling
municipal waste haulers servicing commercial establishment, institutional
establishment and industrial establishment, to provide recycling in
accordance with this article. All persons owning and/or occupying
a commercial establishment, institutional establishment and industrial
establishment that do not receive curbside recycling by the Township
pursuant to this article shall file with the Township not later than
15 days after the end of each calendar quarter, original weight slips
for all recyclables collected and disposed of in accordance with this
article. Said weight slips shall show the recyclables collected, the
weight of the same, and the facility and/or facilities receiving the
same.
(b)
Containers. Recyclables generated and accumulated
at a commercial establishment, institutional establishment and industrial
establishment shall be placed in containers provided by the owner(s)
of such establishment and approved by the Township.
(c)
Location of containers. Containers for recyclables
generated and accumulated by a commercial establishment, institutional
establishment and industrial establishment shall be located on the
premises of the owner(s) and/or occupant(s) of such establishment
at a place agreed upon by such person(s) and the authorized collector.
Such locations shall not interfere with public or private sidewalks,
walkways, driveways, roads, streets, highways, alleys or entrances
and exits of public or private buildings.
C.
Responsibility for recyclables. All recyclables placed
out for collection shall be owned by, and be the responsibility of
the owner and/or occupant(s) of the property accumulating and storing
such recyclables until the same are collected. Notwithstanding the
foregoing, when recyclables are placed for collection and subject
to the obligation of the owner and/or occupant of the same to preserve
them for collection, the recyclables become the property of the Township
and no person shall have the right to collect, receive, transport,
or remove the same except the authorized collector of such recyclables.
D.
Recycling of leaf waste. All leaf waste shall be recycled and disposed in accordance with regulations adopted pursuant to this article as set forth in § 178-10 below.
E.
Authorized collectors of recyclables. It shall be
unlawful for any person other than persons authorized by the Township
to collect, transport, process and market recyclables in the Township.
The following persons shall be the only authorized collectors of recyclables
in Maidencreek Township:
(1)
The Township;
(2)
Any person designated by the Township by contract
or license;
(3)
Any hauler of municipal waste in Maidencreek Township
from multifamily establishments, commercial establishments, institutional
establishments and industrial establishments, to the extent and only
to the extent of the recyclables recovered from said establishments
and only to the extent that the same are licensed by the Township
in accordance with the following standards:
(a)
Licenses for collection, transportation, processing
and marketing of recyclables shall be issued to only those persons
who can provide satisfactory evidence that the same are capable of
providing the necessary services and can comply with the provisions
and intent of this article. The Township reserves the right to disapprove
any application for such license.
(b)
Applicants for licenses for collection, transportation,
processing and marketing of recyclables shall furnish the following
information to the Township in writing, upon forms furnished by the
Township:
[1]
The number of collection vehicles; the make,
model, license plate number, and size of each vehicle to be used for
collection and transportation of recyclables;
[2]
The location, address, and telephone number
of the business office of the applicant;
[3]
A certificate of the applicant's workers' compensation
insurance, as required by law.
[4]
A certificate of insurance applying to all operations
by the applicant, his/her/its agents and employees as follows:
Forms
|
Minimum Liabilities
| |
---|---|---|
Contractor's Public Liability
|
$500,000/$1,000,000
| |
Contractor's Property Damage Liability
|
$100,000/$300,000
| |
Automobile Bodily Injury
|
$500,000/$1,000,000
| |
Automobile Property Damage
|
$100,000/$300,000
|
The Township shall be named as an additional
insured on such certificate of insurance.
|
[5]
Intended recycling facility or facilities proposed
to be used by the applicant;
[6]
Any other information which the Township may
request and deem necessary proper to the issuance of a license for
the collection, transportation, processing and marketing of recyclables.
(c)
Licenses shall be issued on a calendar-year basis, or for a portion thereof during the initial year of the license period, but may be revoked at any time by the Township for just cause, including, but not limited to, violation of any of the provisions of this article, the regulations to be promulgated pursuant to the terms of § 178-10 of this article, applicable state or federal law or the regulations and contractual arrangements entered into between the applicant and the Township of Maidencreek.
The Township shall have the power to assess
from time to time all persons, occupants, and/or properties for the
costs and expenses of recycling within Maidencreek Township on a uniform
basis under the authority of Section 2105 of the Second Class Township
Code,[1] as amended. The nature, method and amount of any such
assessment shall be established by resolution of the Board of Supervisors
adopted from time to time in accordance with law. Assessments for
recycling shall be a lien upon the franchises and property of the
persons assessed and shall be enforced and collected in the same manner
as taxes are enforced and collected by the Township.
[1]
Editor's Note: See 53 P.S. § 67105.
Not later than 60 days from the enactment of
this article, all owners of multifamily establishments, commercial
establishments, industrial establishments and institutional establishments
shall file a report with the Township describing in detail their individual
recycling programs demonstrating compliance with the provisions of
this article and its' regulations. Said report shall identify the
name, address, phone number, license number of the trash hauler engaged
to comply with the recycling as set forth herein and the details of
the method established for compliance with this article. Said owners
of the aforesaid establishments shall supplement said report not later
than 20 days after any material change therein.
The Township shall establish and promulgate
regulations relating to the operation and implementation of all aspects
of the recycling program established by this article including, but
not limited to, items to be recycled, the manner, days, and the times
of collection of recyclable materials, and for the bundling, handling,
location and time and placement of such materials for collection.
Such regulations may be amended, expanded and/or revoked by resolution
of a majority of the Board of Supervisors.
Each authorized collector throughout the Township
shall file quarterly reports on a form prepared and furnished by the
Township and completed by such collector. The form shall state the
total weight or volume of recyclables collected, processed, transported
and marketed by such collector during the quarterly period of time,
the names and addresses of the facilities to which such collector
transports recyclables for processing and marketing, together with
other information deemed necessary by the Township to carry out the
purpose of this article. The form shall be signed by the authorized
collector, and shall be filed not later than 15 days after the end
of each calendar quarter.
A.
The following shall constitute violations of this
article:
(1)
The failure of any person to participate in recycling.
(2)
The failure of any person to comply with the terms
of this article.
(3)
The failure of any person to comply with regulations
promulgated pursuant to this article, as amended from time to time.
(4)
The collection, transportation or removal of any recyclables
within Maidencreek Township by any person other than an authorized
collector and/or the owner of the recyclables.
(5)
Bringing into Maidencreek Township or depositing within
Maidencreek Township any recyclables not generated at the address
and/or location where the same are deposited for collection.
(6)
The dumping, spillage, improper containment and/or
failure to contain recyclables until collected by authorized collectors.
(7)
The disposition of recyclables in violation of the
terms of this article and/or the regulations promulgated pursuant
hereto.
(8)
The failure to file reports and/or deliver weights
to the Township in violation of the terms of this article and regulations
promulgated pursuant hereto.
(9)
The violation of any and all regulations promulgated
pursuant to the terms of this article.
(10)
The burning of any municipal waste required
to be recycled pursuant to the terms of this article and any regulations
promulgated pursuant hereto.
The Code Enforcement Officer of the Township
of Maidencreek, the Northern Berks Police Department, and such other
individual appointed by resolution of the Township is authorized and
directed to enforce this article.