Township of Maidencreek, PA
Berks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Maidencreek as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Compost — See Ch. 93.
Property maintenance — See Ch. 159.
[Adopted 2-11-1999 by Ord. No. 162]

§ 178-1 Definitions.

[Added 6-12-2008 by Ord. No. 213]
As used in this article, the following terms shall have the meanings indicated:
LICENSED HAULER
Any owner of a waste transportation vehicle licensed under Pennsylvania Act 90.[1]
MUNICIPAL WASTE
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.
OWNER
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.
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.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
TENANT
Person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOWNSHIP
The Township of Maidencreek, Berks County, Pennsylvania.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 178-2 Prohibited activities; placement and removal.

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.

§ 178-3 Violations and penalties.

[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]

§ 178-4 Title.

This article shall be known and may be cited as the "Township of Maidencreek Recycling Ordinance."

§ 178-5 Definitions.

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:
ALUMINUM CANS
Clean, nonaerosol and empty all-aluminum beverage and food containers.
AUTHORIZED COLLECTOR
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.
BIMETALLIC CONTAINERS
Clean, nonaerosol, empty food or beverage containers consisting of steel and aluminum.
COMMERCIAL ESTABLISHMENT
Any property used primarily for business and/or commercial purposes and those multiple-dwelling residential buildings containing more than four dwelling units.
COMMUNITY ACTIVITIES
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]
CORRUGATED PAPER
Structural paper or cardboard material with an inner core shaped in rigid parallel furrows and ridges.
DWELLING UNIT(S)
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.
EXCLUSIVE CONTRACT
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.
FEDERAL
The United States of America together in any of one or more of its departments and agencies.
FERROUS CONTAINERS
Clean, nonaerosol empty steel or tin-coated steel food or beverage containers.
GLASS 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.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper.
INDUSTRIAL ESTABLISHMENT
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.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such as hospitals, schools, day-care centers and nursing homes.
LEAD ACID BATTERIES
Include but not be limited to automotive, truck, and/or industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue, but not including grass clippings.
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces assembled or bonded together in booklet form published at intervals other than newspapers.
MOBILE HOME PARK
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.
MULTIFAMILY ESTABLISHMENT
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.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the municipality and other governmental and quasi-governmental agencies.
MUNICIPAL WASTE
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.
NEWSPAPERS
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.
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.
PLASTIC CONTAINERS
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.
POST-CONSUMER MATERIAL
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.
PUBLIC AGENCY
Any state agency or local agency of the commonwealth and/or the Township.
RECYCLABLES/RECYCLABLE MATERIALS
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.
RECYCLING
The program or system of separation from municipal waste collection, transportation, processing, and marketing of recyclables.
SINGLE-FAMILY DWELLING UNIT
A dwelling unit occupying all of one structure.
STATE
The Commonwealth of Pennsylvania, together with any one or more of its departments and agencies.
STEEL CANS
Clean, nonaerosol, and empty all steel (ferrous metal) containers. No paint cans.
STORAGE
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.
TOWNSHIP
The Township of Maidencreek, Berks County, Pennsylvania.
YARD BRUSH
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.

§ 178-6 Establishment of program.

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.

§ 178-7 Separation and collection of recyclables.

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.
(d) 
Fees for licenses shall be established by the Township in regulations to be promulgated pursuant to the terms of § 178-10 of this article.

§ 178-8 Recycling assessment.

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.

§ 178-9 Plans to be filed and approved by Township.

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.

§ 178-10 Establishment of regulations.

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.

§ 178-11 Reports to be filed with Township.

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.

§ 178-12 Violations and penalties.

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.
B. 
Any person who violates any provision of this article shall be subject to the civil enforcement penalty provisions as prescribed in Article I of Chapter 1, General Provisions.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 178-13 Enforcement and administration.

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.