[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Gwynedd as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-25-1991 by Ord. No. 91-6[1]]
[1]
Editor's Note: This ordinance supersedes former
Art. I, Collections; Solid Waste Provisions, adopted 11-21-1985 by
Ord. No. 85-14.
A.
ACCEPTABLE WASTE
COUNTY
COUNTY ORDINANCE or COUNTY WASTE FLOW ORDINANCE
DATE OF NORTHERN COUNTY SYSTEM OPERATION
HAZARDOUS WASTE
(1)
(2)
LANDFILL
MUNICIPALITY
MUNICIPAL WASTE
NONPROCESSIBLE WASTE
(1)
(2)
(3)
(4)
(5)
(6)
NORTHERN COUNTY SYSTEM or SYSTEM
PERSON
PLAN
PLAN REVISION
POINT OF ENTRY INTO THE NORTHERN COUNTY SYSTEM
PROCESSIBLE WASTE
RECYCLING or RECYCLED
SOURCE SEPARATION
UNACCEPTABLE WASTE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
WASTE AUTHORITY
WHITE GOODS
When used in this article, the following terms shall
have the following meanings:
Municipal waste which is not unacceptable waste or nonprocessible
waste.
The County of Montgomery, Pennsylvania.
An ordinance enacted by the county creating the Northern
County System in the Northern District, providing for the licensure
of various persons, regulating waste flow and setting forth certain
related provisions.
That date on which the Northern County System shall be declared
by the county to be ready to commence the disposal of acceptable waste
on a sustained basis.
Any material or substance which, by reason of
its composition or characteristics, is toxic or hazardous waste as
defined in the Resource, Conservation and Recovery Act of 1976, 42
U.S.C. § 6901 et seq., as defined in Section 6(e) of the
Toxic Substances Control Act, 15 U.S.C. § 2605(e), under
Act 97[1] or under any other applicable laws of similar purpose
or effect, including but not limited to, with respect to each of such
items in this subsection, any replacement, amendment, expansion or
supplement thereto and any rules, regulations or policies thereunder;
or special nuclear or by-product materials within the meaning of the
Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and
any replacement, amendment, expansion or supplement thereto and any
rules, regulations or policies thereunder.
Any other material that any governmental agency
or unit having appropriate jurisdiction shall determine, from time
to time, is harmful, toxic or dangerous or otherwise ineligible for
disposal in the landfill.
A landfill with which the Waste Authority has contracted
to dispose of acceptable waste.
The Township of Upper Gwynedd, a Township of the first class
located within the County of Montgomery, Commonwealth of Pennsylvania.
Municipal waste as defined in Section 103 of Act 97 and Section
103 of Act 101,[2] and any rules, regulations or policies promulgated thereunder.
White goods.
Automobile tires in quantity.
Noncombustible items, stumps, logs, brush and
other waste which either weighs in excess of 25 pounds or exceeds
one of the following dimensions: four feet in length, four inches
in diameter or four inches in thickness.
Sludges.
Construction and demolition debris.
Leaf waste beyond that permitted by Act 101.[3]
The solid waste management and disposal system created by
the county for the Northern District and every aspect thereof, including
but not limited to equipment, transfer stations and resource recovery
facilities, residue disposal sites, contractual arrangements or other
rights owned, acquired, leased, placed under contract, constructed,
assumed or operated or to be owned, acquired, leased, placed under
contract, constructed, operated or assumed by the Waste Authority,
the county or any agent, designee or contractor of either in connection
with the plan or the plan revision.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this article prescribing
a fine, penalty, imprisonment or denial or grant of any license, or
any combination of the foregoing, the term "person" shall include
the officers and directors of any corporation or other legal entity
having officers and directors.
The county-wide municipal waste management plan developed
by the county and approved by the Department of Environmental Protection,
as such has been and may hereafter be amended or revised in compliance
with law.
The revision dated June 1990 to the county municipal waste
management plan developed by the county, to be submitted to the DEP
and approved by a majority of the affected municipalities within the
county representing a majority of the county's population.
Any delivery point within the Northern County System designated
by the Waste Authority for delivery of acceptable waste.
That portion of acceptable waste which is not nonprocessible
waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and the creation and recovery of reusable materials
other than fuel for the operation of energy.
The segregation and collection, prior to the point of entry
into the Northern County System, for the purpose of recycling of individual
components of acceptable waste, such as, without limitation, bottles,
cans and other materials in accordance with Act 101.[4]
Any material that by reason of its composition,
characteristics or quantity is ineligible for disposal at the landfill
pursuant to the provisions of the Resource Conservation and Recovery
Act of 1976, 42 U.S.C. § 6901 et seq., and the regulations
thereunder or, except for trace amounts normally found in household
or commercial solid waste, any other similarly applicable law, including
but not limited to the following laws and the regulations, if any,
promulgated under the Toxic Substances Control Act, 15 U.S.C. § 2601
et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7
U.S.C. § 136 et seq.; the Federal Water Pollution Control
Act, 33 U.S.C. § 1251 et seq.; the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601
et seq.; Act 97;[5] the Hazardous Sites Cleanup Act, Act 108, enacted October
18, 1988;[6] and any similar or substituted legislation or regulations
or amendments to the foregoing, as well as any other laws coextensive
with the foregoing.
Any other materials that any governmental body
or unit having or claiming appropriate jurisdiction shall determine
from time to time to be harmful, toxic, dangerous or otherwise ineligible
for disposal at the landfill.
Any waste that landfill or other applicable
facility is precluded from accepting pursuant to any permit or governmental
plan governing such landfill or other applicable facility.
Hazardous waste.
Residual waste, as defined in Act 101,[7] except as otherwise provided in any landfill agreement
to which the Waste Authority is a party.
Special nuclear or by-product materials within
the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011
et seq., and any similar or substituted legislation or regulation
or amendments to the foregoing, including but not limited to any other
laws coextensive with the foregoing.
Asbestos, sludge, infectious waste, chemotherapeutic
waste and incinerator ash, except as otherwise provided in any landfill
agreement to which the Waste Authority is a party.
White goods in quantity and/or automobile tires
in quantity.
Any other material that the Waste Authority
reasonably concludes would require special handling or present an
endangerment to a disposal facility, the public health or safety or
the environment.
The Waste System Authority of Northern Montgomery County
created by the county for purposes relating to municipal waste disposal
and/or the intermunicipal agreement (IMA) and the County Waste Flow
Ordinance.
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
[2]
Editor's Note: See 35 P.S. § 6018.103
and 53 P.S. § 4000.103, respectively.
[3]
Editor's Note: See 35 P.S. § 4000.101
et seq.
[4]
Editor's Note: See 53 P.S. § 4000.101
et seq.
[5]
Editor's Note: See 35 P.S. § 6018.101
et seq.
[6]
Editor's Note: See 35 P.S. § 6020.101
et seq.
[7]
Editor's Note: See 53 P.S. § 4000.101
et seq.
B.
All other words and phrases as defined therein,[8] shall have the same meanings as set forth in Act 97 or
Act 101,[9] as they may hereinafter be amended or supplemented by
legislation regarding municipal waste management or planning or as
set forth in the IMA. To the extent that any definition herein varies
from the definition in the IMA, the definition in the IMA shall control.
A.
Licensing. No person who is not duly licensed or deemed
to be licensed by the Waste Authority may collect or transport municipal
waste located or generated within the municipality. This waste collection
or transportation license shall be a county license issued by the
Waste Authority.
B.
Compliance with rules, regulations and ordinances.
In carrying on activities related to solid waste collection or transportation
within this municipality, all municipal waste collectors and all municipal
waste transporters shall comply with the county ordinance, this article
and the other municipal waste flow ordinances and all rules and regulations
pertaining to the collection, transportation, processing and disposal
of solid waste as may be hereafter promulgated by the Waste Authority.
Delivery by such collectors or transporters to the Northern County
System of unacceptable waste, nonprocessible waste (except for white
goods) and waste from unapproved sources is prohibited.
C.
Administration. Licenses hereunder shall be issued
and revoked by the Waste Authority and administered by it. Any collectors
or transporters who fail to comply with the provisions of this article
shall be subject to any applicable sanctions in addition to the revocation
of their licenses.
A.
Delivery to Northern County System. Except as provided in Subsections B and C below, all acceptable waste generated within this municipality shall be delivered to the Northern County System, and all acceptable waste collectors and transporters shall deliver to and dispose of all acceptable waste collected or generated within the municipality to solid waste facilities designated in the plan or the plan revision at one or more points of entry into the Northern County System as designated from time to time by the Waste Authority.
B.
Disposal at other sites. Disposal of municipal waste
collected or generated within the municipality may occur at other
sites only as permitted by rule, regulation, ordinance or order duly
issued by the Waste Authority or by the written agreement of the Waste
Authority.
C.
Recycling. Nothing herein shall be deemed to prohibit
source separation or recycling or to affect any sites at which source
separation or recycling may take place.
A.
Compliance with Waste Authority regulations. The collection,
transportation, processing and disposal of municipal waste present
or generated within the municipality shall be subject to such further
reasonable rules and regulations as may from time to time be promulgated
by the Waste Authority, including, without limitation, regulations
relating to the operation, management and administration of the Northern
County System; applications and standards for licensing requirements
for payment bonds or other payment security, including but not limited
to meeting liability insurance requirements; fees to be charged for
such licensing; the terms of licenses; procedures; recordkeeping;
transportation routes; payment for services; billing for shortfalls;
sanctions for nonpayment; and other matters.
B.
Adoption of regulations. Rules and regulations adopted
by the Waste Authority for the Northern County System shall be deemed
rules and regulations adopted under this article.
C.
Consistency of regulations with this article and other
laws. No rules and regulations adopted by the municipality pursuant
to this article shall be in violation of or inconsistent with the
provisions of this article, the other municipal waste flow ordinances,
the County Waste Flow Ordinance, the plan, the plan revision, the
provisions and purposes of Act 97, Act 101,[1] or regulations adopted thereunder, or such other laws,
regulations or requirements as may be enacted by the United States
of America, the Commonwealth of Pennsylvania, the Pennsylvania Department
of Environmental Protection or the Pennsylvania Environmental Quality
Board governing municipal waste planning, collection, storage, transportation,
processing or disposal.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
D.
Enforcement of waste flow control. Enforcement of
waste flow control and the terms of and any duties established pursuant
to the County Waste Flow Ordinance, the other municipal waste flow
ordinances and this article will be the responsibility of the county
or the Waste Authority and, if requested by the county or the Waste
Authority, with the cooperation of the municipalities.
All generators of municipal waste and all municipal
waste collectors and municipal waste transporters, any landfill operators,
any transfer station operators or any other parties involved in the
collection, transportation, processing or disposal of municipal waste
of the municipality shall cooperate in the taking and preparation
of an annual survey to be conducted by an engineering consultant designated
by the Waste Authority.
A.
No person shall enter into any contract or conduct
any other activity concerning the collection, transportation, processing
or disposal of municipal waste in the municipality in contravention
of terms of the County Waste Flow Ordinance, this article or any rules
and regulations issued thereunder.
B.
Recycling. Nothing contained in this article shall
interfere with the operation of any program for recycling.
The county has created the Waste Authority to
administer the terms of the County Waste Flow Ordinance and to operate
and administer the Northern County System.
A.
Unlawful conduct. It shall be unlawful for any person
to:
(1)
Violate, cause or assist in the violation of any provision
of this article, any rule, regulation or order promulgated hereunder,
or any rule, regulation or order promulgated by the Waste Authority
or the county consistent with this article.
(2)
Transport, process, treat, transfer or dispose of,
or cause to be processed, treated, transferred or disposed of, municipal
waste generated within the municipality, except as provided for in
this article.
(3)
Collect or transport municipal waste present or generated
within the municipality without a valid license for collection or
transportation issued by the Waste Authority.
(4)
Hinder, obstruct, prevent or interfere with the municipality,
the Waste Authority or the county, or their personnel, in the performance
of any duty under this article or in the enforcement of this article.
(5)
Act in a manner that is contrary to Act 97 or Act
101,[1] or regulations promulgated thereunder, the plan, the plan
revision, this article, the county ordinance, rules or regulations
under this article or the county ordinance, or the terms of licenses
issued thereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
Any person who engages in unlawful conduct as
defined in this article shall, upon conviction thereof in a summary
proceeding before a Magisterial District Judge, be sentenced to pay
a fine of not more than $1,000 and not less than $500 plus costs of
prosecution for each offense and, in default of payment thereof, shall
be committed to the county jail for a period not exceeding 30 days.
Each day that there is a violation of this article shall constitute
a separate offense.
Upon finding that any person has engaged in unlawful conduct as defined in this article, the Waste Authority may revoke any license issued to that person in accordance with § 160-2 of this article, and the Waste Authority may deny any subsequent application by that person for a license pursuant to § 160-2 hereof.
A.
Restraining violations. In addition to any other remedy provided in this article, the Waste Authority or the county may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 160-9 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed
by this article shall be deemed concurrent. The existence or exercise
of any remedy shall not prevent the Waste Authority or the county
from exercising any other remedy provided by this article or otherwise
provided at law or equity.
A.
Entry into intermunicipal agreement (IMA). In order
to implement the intent and terms of this article, the municipality,
pursuant to the authority of the Intergovernmental Cooperation Act,
the Act of July 12, 1972, No. 180, codified at 53 P.S. §§ 481
through 490 (Purdon 1974 and Purdon Supplement 1990) and Article IX,
§ 5, of the Constitution of the Commonwealth of Pennsylvania,
has determined to enter into the IMA between the municipality, the
county, the Waste Authority and other municipalities within the Northern
District, together with such changes consistent with the article,
if any, as may be approved by the officials of the parties executing
the same, such execution to be conclusive evidence of such approval.
B.
Terms and implementation of IMA. As more fully set
forth in the IMA and this article:
(1)
Terms of IMA. In the IMA:
(a)
The Waste Authority agrees to arrange through
the Northern County System for the provision of municipal waste disposal
facilities for the economical and environmentally sound disposal of
acceptable waste generated within the municipalities.
(b)
The municipalities state that they have enacted
a municipal waste flow ordinance in a form substantially similar to
this article, which requires that all acceptable waste be delivered
to the Northern County System.
(c)
The county and the Waste Authority agree to
enact or cause to be enacted rules and regulations and to enforce
or cause to be enforced this article and the County Waste Flow Ordinance
and the parallel municipal waste flow ordinances.
(d)
The municipalities agree to cooperate with the
Waste Authority in the enforcement of the IMA and all ordinances enacted
pursuant to the IMA; provided, however, that to the extent the enforcement
of such ordinances can properly be delegated to it the Waste Authority
shall undertake the primary responsibility for such enforcement, and
the municipalities thereby agree cooperatively to exercise their powers
to accomplish the objectives of the IMA.
(2)
Duration of term of the IMA. The term of the IMA shall
commence on the date thereof and shall terminate on the 10th anniversary
of the date the Northern County System becomes operational.
(3)
Purpose and objectives of IMA. The purpose of the
IMA is to provide a mechanism to implement and operate the Northern
County System.
(4)
Financial obligations under the IMA. During the term
of the IMA, municipalities (to the extent that they engage in the
collection or transportation of municipal waste or contract with other
persons for the collection or disposal of municipal waste) and other
persons using the Northern County System shall pay to the Waste Authority
on a monthly basis the appropriate per-ton tipping fee plus any other
charges payable, as specified by the Waste Authority, for all tonnage
delivered or caused to be delivered to the Northern County System,
in accordance with Article III of the IMA. Municipalities shall provide
certain moneys for operating expenses of the Authority, to the extent
not paid for through tipping fees, on the basis of adjusted population
data.
C.
Execution. Appropriate officers of this municipality
are authorized and directed to execute the IMA on behalf of this municipality.
D.
Findings under Intergovernmental Cooperation Act.
As required by the Intergovernmental Cooperation Act of July 12, 1972,
P.L. 762, No. 180, as amended,[1] the following matters are specifically found and determined:
(1)
The conditions of agreement are set forth in the IMA.
(2)
The duration of the term of the agreement is set forth
in Section 801 of the IMA.
(3)
The purpose of the IMA is to cooperate with the county
or Waste Authority and other municipalities in implementing the plan
and the plan revision.
(4)
The agreement will be financed through tipping fees
imposed on users of the Northern County System and through the budgeting
and appropriation of funds by the municipality as necessary to meet
the expenses of the Waste Authority.
(5)
The organizational structure necessary to implement
the agreement is set forth in the IMA, with which the current officers
of municipality shall cooperate.
(6)
The manner in which property, real or personal, shall
be acquired, managed, licensed or disposed of is as set forth in the
IMA.
(7)
The agreement contemplates cooperation with the county
or Waste Authority, which entities are empowered to enter into contracts
for policies of group insurance and employee benefits, including social
security, for their employees.
[1]
Editor's Note: See 53 P.S. §§ 481
through 490.
The terms and provisions of this article are
to be liberally construed so as best to achieve and to effectuate
the goals and purposes hereof. This article shall be construed in
pari material with Act 97 and Act 101.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
The municipality will take such actions as are
necessary to comply with the terms of the IMA and to fulfill its obligations
thereunder.
[1]
Editor's Note: This ordinance superseded former
Art. II, Recycling, adopted 6-25-1990 by Ord. No. 90-9.
This article shall be known as the "Municipal
Recycling Ordinance."
A.
ACT 97
ACT 101
ALUMINUM
BIMETAL CANS
CORRUGATED PAPER
DEP
GLASS
GRASS CLIPPINGS
HIGH-GRADE OFFICE PAPER
HOUSEHOLD HAZARDOUS WASTE
LEAF WASTE
MAGAZINES AND PERIODICALS
MIXED PAPER
MUNICIPAL WASTE
MUNICIPAL WASTE COLLECTOR(S)
NEWSPAPER
PERSON or ENTITY
PLASTIC CONTAINERS
RECYCLABLE MATERIALS
RESIDENT(S)
TOWNSHIP
WHITE GOODS
As used in this article, the following terms shall
have the meanings indicated:
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as amended, 35 P.S. § 6018.101 et seq.
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, Act of July 28, 1988, No. 101, as amended, 53 P.S. § 4000.101
et seq.
Empty, all-aluminum beverage and food containers, commonly
known as "aluminum cans."
Empty food or beverage containers constructed of a mixture
of ferrous metal, usually tin or steel, and nonferrous metal, usually
aluminum.
Paper products made of a stiff, moderately thick paper board,
usually containing folds or alternating ridges, commonly known as
"cardboard."
The Pennsylvania Department of Environmental Protection.
Products made from silica or sand, soda ash and limestone;
the product may be transparent (clear) or colored (e.g., brown or
green) and used as a container for packaging (e.g., jars) or bottling
of various matter. Expressly excluded are noncontainer glass, window
or plate glass, light bulbs, blue glass and porcelain and ceramic
products.
The material bagged or raked during or after the cutting
of a lawn, field or similar grassed area. Leaf waste which contains
grass clippings shall be considered grass clippings.
All types of white paper, bond paper and computer paper used
in commercial, institutional and municipal establishments and in residences.
Small quantities of hazardous waste (as defined in Act 97)
available to a person or entity on a retail basis, such as pesticides,
certain paints, aerosol cans and fertilizers.
Leaves, garden residues, shrubbery, tree trimmings and similar
material, but does not include grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Such matter typically has a gloss or
shine added to the paper. Expressly excluded are all other paper products
of any nature whatsoever.
All types of paper combinations, such as colored paper, carbonless
forms, ledger paper, paper envelopes, mixtures of high-grade office
paper and the like.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous materials, resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities,
and any sludge not meeting the definition of residual or hazardous
waste in Act 97 from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant or air pollution
control facility. The term does not include source-separated recyclable
materials.
Any collector, remover, transporter and/or hauler of municipal
waste and/or recyclable materials in Upper Gwynedd Township registered
pursuant to this article. A municipality shall be considered a municipal
waste collector if it provides manpower and equipment for the collection
of municipal waste.
Paper of the type commonly referred to as "newsprint."
Any individual, firm, partnership, corporation, business,
association, institution, cooperative enterprise, trust, municipality,
municipal authority, federal institution or agency, state institution
or agency (including, but not limited to, the Department of General
Services and the Public School Building Authority), other governmental
agency or any other legal entity or group whatsoever which is recognized
by law as the subject of rights and duties. In any provision of this
article prescribing a fine, penalty or imprisonment or any combination
of the foregoing, the term "person" or "entity" shall mean the officers
and directors of any corporation or other legal entity having officers
and directors.
Empty plastic food and beverage containers. Due to the large
variety of plastics, the recycling regulations will stipulate the
specified types of plastics that may be recycled.
Materials generated by a person or entity which can be separated
from municipal waste and returned to commerce to be reused as a resource
in the development of useful products. Materials which may be recycled
include clear glass, colored (brown or green) glass, aluminum, steel
and bimetal cans, high-grade office paper, mixed paper, newspaper,
corrugated paper and plastic containers.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or group whatsoever
which is recognized by law as the subject of rights and duties, which
owns, leases or occupies a property located in the Township used as
a residence and having curbside collection of municipal waste.
The Township of Upper Gwynedd.
Refrigerators, washing machines, clothes dryers, window air
conditioners, hot-water heaters and other major home appliances.
B.
All terms not separately defined in this article that
are contained in Act 97 and Act 101 are incorporated herein by reference.
A.
The reduction of the amount of municipal waste and
conservation of recyclable materials is an important public concern
by reason of the growing problem of municipal waste disposal and its
impact on the environment. It is the intent of this article to promote,
require and regulate recycling activities in the Township and to protect
the health, safety and welfare of residents.
B.
This article has been developed to meet and implement
municipal responsibilities established under Act 101.
C.
The Township's adoption of this article does not preclude
the future assignment of its responsibility as it relates to the coordination,
regulation and/or enforcement of recycling activities. Such assignment
of responsibilities will be accomplished in accordance with Section
304(c) of Act 101[1] and would require the Township to enter into a written
agreement with the entity accepting such responsibilities. However,
under no circumstances will the Township relinquish its right to select
the methodology for conducting recycling, municipal waste collector
subscription services to individual customers, franchising or bidding
of municipal waste collector services on a partial or community-wide
basis, or municipal waste collector services provided by a municipality.
[1]
Editor's Note: See 53 P.S. § 4000.304(c).
A.
Registering of the municipal waste collectors for
recycling activities will be undertaken by the Township.
B.
In accordance with the responsibilities set forth
in this article, the Township is authorized to establish rules and
regulations related to the separation, collection, processing and
marketing of recyclable materials and to enforce all such rules and
regulations. The Township shall determine the recyclable materials
to be separated by a person or entity. The Township may modify the
list of recyclable materials to be separated by a person or entity.
C.
The Township shall, in conjunction with the municipal
waste collectors, be responsible for establishing an education program,
and together they shall conduct and maintain a comprehensive public
information program as follows:
(1)
The Township shall include articles and information
on recycling requirements and activities within regular newsletters
or mailings to residents and businesses in the community.
(2)
The municipal waste collectors shall, at least once
a year, deliver or include with their invoices sent to customers an
information sheet on recycling.
D.
The Township shall be responsible for the bulk ordering
and purchasing of recycling containers for residents. One recycling
container shall be provided for each residential unit (with the exception
of multifamily residential units and apartment complexes) in the Township.
Any resident may purchase an additional recycling container from the
Township. Residents may use recycling containers other than those
obtained from the Township, provided said recycling containers are
appropriately labeled or otherwise identified as containers for recyclable
materials.
E.
In accordance with Section 1501(c)(1)(iii) of Act
101,[1] the Township shall exempt persons occupying commercial,
institutional and municipal establishments from the requirements of
this article if they have otherwise provided for the recycling of
materials designated by this article. To be eligible for this exemption,
the commercial, institutional or municipal waste generator must provide,
on an annual basis, written documentation to the Township of the total
quantity of each material recycled. Said data shall be supplied to
the Township by January 31 for the preceding year.
[1]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).
A.
Each municipal waste collector shall be responsible
for complying with the requirements of this article for the collection,
processing and marketing of recyclable materials.
B.
Every person or entity which desires to engage in or wishes to continue engaging in the municipal waste collector business with regard to any property in the Township shall be required to first register with the Township. Such registration shall occur on an annual basis. Municipal waste collectors shall pay a fleet registration fee in an amount established by resolution of the Board of Commissioners from time to time or be subject to penalties as described in § 160-28D of this article. The Township will supply each hauler with a registration sticker. This registration sticker shall be placed in a visible location on the driver's side door or on the truck body near the driver's side door. All trucks collecting recyclable materials in the Township are required to have a registration sticker. A new registration sticker must be obtained yearly.[1]
C.
The collection equipment and transportation vehicles
used for the collection of recyclable materials within the Township
shall be labeled to indicate the name of the municipal waste collector
and shall further indicate that the vehicle is transporting municipal
waste or recyclable materials. Said vehicles shall at all times be
in good and proper mechanical condition and in compliance with the
minimum safety and sanitary regulations of the Commonwealth of Pennsylvania.
All such vehicles shall be specifically designed to prevent leakage
of any liquids or fluids. Other types of vehicles may be used only
for the collection of recyclable materials and white goods, provided
such items are separately collected. The municipal waste and recyclable
materials so collected shall be suitably enclosed or covered so as
to prevent roadside littering, attraction of vermin or creation of
other nuisances. The collection equipment and transportation vehicles
shall be kept in a clean and sanitary condition.
D.
Municipal waste collectors shall have certificates
of insurance covering public liability for both bodily injury and
property damage, owners' and contractors' protective insurance and
automobile insurance with respect to personal injuries and property
damage.
E.
The municipal waste collectors shall be responsible
for obtaining all weight and volume quantity data. Said data shall
be supplied to the Township on an annual basis and shall be supplied
to the Township by January 31 for the preceding year, so that the
Township may submit reports in accordance with Act 101 and other applicable
laws and submit applications for recycling performance grants.
F.
Each municipal waste collector shall, by January 31
of each calendar year, file a rate schedule with the Township showing
the rates to be charged to its customers for the collection of municipal
waste and recyclable materials. Each municipal waste collector shall
file a map with the Township by January 31 of each calendar year,
or upon changes of its routes, showing the areas of the Township in
which it operates and a timetable setting forth the days of collection.
Collections of municipal waste and recyclable materials by municipal
waste collectors shall take place solely between the hours of 6:00
a.m. and 7:00 p.m.
Nothing in this article shall prohibit the Township
from assigning a portion or all of its responsibilities under Act
101 and this article to another entity. Such assignment of responsibility
will be accomplished in accordance with Section 304(c) of Act 101[1] and would require the Township to enter into a written
agreement with the entity accepting such responsibilities. However,
under no circumstances will the Township relinquish its right to select
the methodology for conducting recycling, municipal waste collector
subscription services to individual customers, franchising or bidding
of municipal waste collector services on a partial or community-wide
basis, or municipal waste collector services provided by a municipality.
[1]
Editor's Note: See 53 P.S. § 4000.304(c).
A.
Each person or entity in the Township, as required
by Act 101, shall be responsible for complying with the requirements
of this article for the separation of recyclable materials. This shall
include tenants and lessees occupying rented and nonowned property.
B.
Every resident of the Township shall be required to
separate, at a minimum, newspaper, aluminum, clear glass, colored
glass, bimetal cans and plastic products identified with either a
#1 or a #2 for recycling. Commercial, municipal and institutional
establishments shall be required to separate, at a minimum, aluminum,
high-grade office paper, and corrugated paper from municipal waste.
The Township may require that residents and commercial, municipal
and institutional establishments separate other recyclable materials.
C.
Every person or entity must separate household hazardous waste and leaf waste from recyclable materials and other municipal waste. It is the responsibility of a person or entity to dispose of household hazardous waste in accordance with applicable law. Provisions for the collection or use of leaf waste shall be the responsibility of the municipal waste collectors as more fully set forth in § 160-26.
D.
All occupants of single-family homes, including townhouse-
or row-house-type residences where individual municipal waste collection
occurs, shall maintain a separate container of the type specified
or provided by the Township or municipal waste collector to collect
all designated recyclable materials in a commingled or modified commingled
fashion, as established by the municipal waste collector. No municipal
waste or recyclable material container shall be placed at the curb
or in the front yard of any resident's property except during the
period beginning at 6:00 p.m. on the evening prior to the day of scheduled
collection, and the empty container shall be removed by 12:00 midnight
on the day of scheduled collection. Newspapers shall be placed in
brown paper bags or bundled and tied, both across and lengthwise,
with rope or cord and kept dry prior to collection, and placed at
curbside with the recycling container. No such municipal waste containers
or recyclable material containers, including bundles of newspapers
(other than containers supplied by municipal waste collectors), shall
weigh more than 50 pounds, and containers or bundles shall not be
placed in the cartway. Municipal waste placed at the curb or street
line for collection must be in closed, waterproof containers.
E.
Owners, landlords or agents of any leased or rented
property, other than single-family-type homes or single-tenant-occupied
property, shall be responsible for publicly posting educational information
provided by the Township and/or municipal waste collectors, providing
appropriate recyclable material collection containers and providing
for pickup of such containers in accordance with this article. Owners,
landlords or agents of a leased or rented property occupied by a single
tenant may assign such responsibility to the tenant or lessee occupying
a property, in writing or through a lease or rental agreement.
F.
Owners or landlords of any multifamily residential
units, such as apartments or condominiums where individual residential
refuse collection does not occur, shall be responsible for providing
suitable containers or dumpsters for recyclable materials. Such containers
or dumpsters shall be provided through arrangements with a municipal
waste collector and source-separated or commingled recyclable material
containers or dumpsters may be utilized. The containers or dumpsters
must be provided at easily accessible locations, and written instructions
must be provided to the occupants concerning the use and availability
of such containers or dumpsters. Owners or landlords of multifamily
residential units who comply with the requirements of this section
shall not be liable for the noncompliance of any person or entity
occupying their buildings as such noncompliance relates to separation
of materials. All tenants or lessees of multifamily residential units
shall be responsible for separating recyclable materials and placing
them in the containers or dumpsters provided for such purposes.
G.
Owners or landlords of any institutional, commercial, business, or industrial establishment shall be required to meet the same requirements in Subsection D hereof unless exempted under this section or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property. Such assignment may only occur, however, where a single tenant occupies the entire leased or rented property.
A.
The municipal waste collector shall, in providing
refuse collection and disposal services to a single-family residential
home, also provide for the collection of recyclable materials. Where
once or twice a week municipal waste collection is provided, the municipal
waste collector must provide at least once a week recyclable material
collection. Customers using once a month municipal waste collection
must have recyclable materials collected at least once a month. Where
a customer's designated day for the collection of recyclable materials
falls on a holiday, the municipal waste collector shall collect recyclable
materials on another day and shall notify those customers affected
of that change.
B.
The collection of recyclable materials for all establishments,
other than single-family residential homes, shall be on an as-required
basis.
C.
Municipal waste collectors shall not be permitted
to allow recycling containers or dumpsters to fill beyond capacity
and shall schedule the frequency of such collection accordingly.
D.
Municipal waste collectors shall not leave recycling
containers in the cartway of any public road.
A.
The municipal waste collector shall be responsible
for the processing and marketing of the recyclable materials. Such
activities may be conducted by the municipal waste collector or any
agent thereof or a private entity conducting such business, a nonprofit
entity able to undertake such effort, or any governmentally owned
or operated facility capable of such functions.
B.
The municipal waste collector shall, upon request,
provide the Township with the location of the facility(ies) to which
the recyclable materials will be delivered. All such facility(ies)
shall be appropriately licensed and permitted.
C.
The municipal waste collector shall, upon request,
provide a detailed listing of where the recyclable materials are sold
or deposited and the weights of each of the recyclable materials so
delivered. The municipal waste collector shall, upon request, provide
the Township with copies of applicable licenses or permits of the
ultimate facility(ies) to which the recyclable materials will be delivered.
A.
All recyclable materials and municipal waste placed at the curbside for collection or in any container or dumpster designated for recyclable materials shall become the property of the municipal waste collector providing the service, except as outlined in § 160-28.
B.
It shall be a violation of this article for any person or entity, other than the municipal waste collector providing the service, to collect or remove any of the recyclable materials from their designated collection location, except as outlined in § 160-28. Each unauthorized collection from one or more designated locations on one calendar day in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
A.
Any person or entity may utilize alternative recycling
methods, other than collection by a municipal waste collector, to
accomplish the purpose of reutilizing recyclable materials. Recyclable
materials may be donated or sold to any person or entity, whether
operating for profit or not, provided that the recycler shall not
utilize alternate recycling methods without prior written permission
from the Township. Such materials must be delivered to the alternate
recycling site or arrangements made with the alternate collector to
pick up the recyclable materials at a time that will not interfere
with the operations of the municipal waste collector. Each person
or entity accepting recycled materials under this section must provide
annual written documentation to the Township of the total quantity
of each material recycled. Said documentation shall be due by January
31 of each year.
B.
The Township shall permit an alternative recycling
program to be developed in accordance with Section 1501(h) of Act
101[1] if the requirements of that paragraph can be complied
with. The Township shall, before implementation of the program, review
and approve the program. The municipal waste collector conducting
the program must provide, annually, written documentation to the Township
of the total quantity of each material recycled.
[1]
Editor's Note: See 53 P.S. § 4000.1501(h).
[Amended 3-24-2008 by Ord. No. 2008-08]
A.
The Township hereby authorizes establishment of a
program for curbside collection of leaf waste at least once during
the spring and at least once during the fall of each year. In addition
thereto, the leaf waste collection program shall be augmented by designation
by the Township of a DEP-permitted dropoff compost facility for residents
of the Township to utilize as needed, which facility must be open
at least once per month for collection of leaf waste generated between
scheduled collections.
B.
Leaf waste collection shall be undertaken by Township
waste collectors in accordance with regulations of the DEP, and leaf
waste disposal shall be undertaken by municipal waste collectors in
a DEP-approved facility or in a DEP-approved manner.
C.
All private Township waste collectors shall provide
the Township with the name and address of the facility(ies) where
the leaf waste will be disposed and report the quantity in tons or
cubic yards. Leaf waste shall not be commingled with any other Township
solid waste. The disposal of leaf waste at a sanitary landfill, waste-to-energy
facility or any other facility which is not a DEP-permitted composting
facility is strictly prohibited.
D.
The methodology for separating and collecting leaf
waste shall be established and implemented by the Township and by
the municipal waste collectors. The leaf waste collection guidelines
set forth in this section are intended to be general in nature. The
actual leaf waste collection and education program shall be established
in more detail by the Township pursuant to resolution and is subject
to modification, as needed, from time to time, provided any modifications
to the program comply with this section and the most recent regulations
of DEP.
E.
Leaf waste shall not be left at curbside more than
24 hours prior to collection and shall not be left in a form which
obstructs the flow of traffic or affects the performance of drainage
facilities or catch basins.
A.
All municipal waste collectors shall keep records
of the quantities of recyclable materials collected in the Township.
The records shall include the weight of the total quantities of recyclable
materials and total quantities of municipal waste and an estimate
of the corresponding volume of material for both recyclable materials
and municipal waste. Estimates of the individual components comprising
the commingled recyclable materials shall also be provided. Written
reports shall be provided to the Township on reporting forms provided
by the Township and shall be submitted in accordance with the time
schedules established in this article.
B.
Leaf waste quantities shall be recorded by the municipal
waste collector collecting such materials. Such quantities may be
in the form of estimates on either a cubic yard or tonnage basis collected,
and written documentation of the total quantity of leaf waste collected
must be provided to the Township by January 31 of each year for materials
collected in the preceding calendar year.
A.
Any person or entity who shall violate the provisions
outlined herein regarding the separation of recyclable materials shall
receive an official written warning of noncompliance from the Township
for the first offense. Thereafter, all such violators of the provisions
of this article shall, upon conviction, be sentenced to pay a fine
of not less than $100 and not more than $1,000 in addition to costs
of prosecution of each and every offense or, in default of the payment
of such fine and costs, to undergo imprisonment for not more than
30 days.[1]
B.
Any person or entity who shall violate the provisions of this article not covered in Subsection A above shall, upon conviction, be sentenced to pay a fine of not less than $100 and not more than $1,000 and costs of prosecution for each and every offense or, in default of the payment of such fines and costs, to undergo imprisonment for not more than 30 days. Each day on which a violation of this article continues shall constitute a separate offense punishable by a like fine or penalty.
C.
No municipal waste collector shall knowingly collect
municipal waste which contains recyclable materials or leaf waste.
The municipal waste collector shall provide a person or entity violating
the provisions contained herein regarding the separation of recyclable
materials with written notice for the first offense and also provide
the Township with the same written notice. Any municipal waste collector
who shall knowingly violate the provisions of this section and collect
municipal waste containing recyclable materials or leaf waste from
a person or entity who has previously been notified by the Township
and/or a municipal waste collector of noncompliance shall receive
an official warning for the first offense. The municipal waste collector
shall, upon conviction, be sentenced to pay a fine of no less than
$100 and not more than $1,000 and costs of prosecution for each and
every offense or, in default of the payment of such fines and costs,
to undergo imprisonment for not more than 30 days.
D.
Any municipal waste collector who fails to register
with the Township and continues to engage in waste collection in the
Township shall, upon conviction, pay a penalty of not less than $100
and not more than $1,000 and pay the costs of prosecution for each
and every offense or, in default of the payment of such fines and
costs, to undergo imprisonment for not more than 30 days. Each day
on which a violation of this article continues shall constitute a
separate offense punishable by a like fine or penalty.[2]
This article shall be construed under the laws
of the Commonwealth of Pennsylvania.
The Township may, from time to time, modify
the regulations adopted in accordance with this article or make modifications
to this article.
Municipal waste collectors shall take the necessary
steps to implement the collection of recyclable materials upon the
effective date of this article.