Township of Upper Gwynedd, PA Solid Waste Management

COUNTY ORDINANCE or COUNTY WASTE FLOW ORDINANCE

Editor's Note: This ordinance supersedes former Art. I, Collections; Solid Waste Provisions, adopted 11-21-1985 by Ord. No. 85-14.

§ 160-1 Definitions.

When used in this article, the following terms shall have the following meanings:

ACCEPTABLE WASTE

Municipal waste which is not unacceptable waste or nonprocessible waste.

COUNTY

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.

DATE OF NORTHERN COUNTY SYSTEM OPERATION

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.

HAZARDOUS WASTE

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.

LANDFILL

A landfill with which the Waste Authority has contracted to dispose of acceptable waste.

MUNICIPALITY

The Township of Upper Gwynedd, a Township of the first class located within the County of Montgomery, Commonwealth of Pennsylvania.

MUNICIPAL WASTE

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.

NONPROCESSIBLE WASTE

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.

NORTHERN COUNTY SYSTEM or SYSTEM

Construction and demolition debris.

(6)

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.

PERSON

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.

PLAN

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.

PLAN REVISION

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.

POINT OF ENTRY INTO THE NORTHERN COUNTY SYSTEM

Any delivery point within the Northern County System designated by the Waste Authority for delivery of acceptable waste.

PROCESSIBLE WASTE

That portion of acceptable waste which is not nonprocessible waste.

RECYCLING or RECYCLED

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.

SOURCE SEPARATION

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]

UNACCEPTABLE WASTE

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.

(6)

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.

(7)

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.

(8)

White goods in quantity and/or automobile tires in quantity.

(9)

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.

WASTE AUTHORITY

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.

WHITE GOODS

Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.

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.

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.

[8]

Editor's Note: This phrase originally read as follows: "All other capitalized words and phrases," but was changed to read as it now appears to maintain stylistic consistency with the rest of the Code.

[9]

Editor's Note: See 35 P.S. § 6018.101 et seq., and 53 P.S. § 4000.101 et seq.

§ 160-2 Operation by licensed collectors and transporters.

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.

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.

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.

§ 160-3 Disposal of municipal waste.

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.

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.

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.

§ 160-4 Regulations.

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.

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.

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.

Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.

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.

§ 160-5 Annual survey.

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.

§ 160-6 Prohibitions and requirements.

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.

Recycling. Nothing contained in this article shall interfere with the operation of any program for recycling.

This article shall be construed consistently with Act 97 and Act 101.[1]

Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.

§ 160-7 Creation of Authority.

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.

§ 160-8 Unlawful activities; nuisance.

Unlawful conduct. It shall be unlawful for any person to:

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.

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.

Collect or transport municipal waste present or generated within the municipality without a valid license for collection or transportation issued by the Waste Authority.

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.

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.

Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.

Public nuisance. Any unlawful conduct set forth in Subsection A hereof shall constitute a public nuisance.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 160-9 Violations and penalties. [1]

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.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 160-10 Revocation of license.

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.

§ 160-11 Injunctions; concurrent remedies.

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.

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.

§ 160-12 Intermunicipal agreement.

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.

Terms and implementation of IMA. As more fully set forth in the IMA and this article:

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.

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.

Purpose and objectives of IMA. The purpose of the IMA is to provide a mechanism to implement and operate the Northern County System.

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.

Execution. Appropriate officers of this municipality are authorized and directed to execute the IMA on behalf of this municipality.

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:

The conditions of agreement are set forth in the IMA.

The duration of the term of the agreement is set forth in Section 801 of the IMA.

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.

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.

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.

Editor's Note: See 53 P.S. §§ 481 through 490.

§ 160-13 Construal of provisions.

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]

Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.

§ 160-14 Compliance with IMA.

The municipality will take such actions as are necessary to comply with the terms of the IMA and to fulfill its obligations thereunder.

Article II Recycling

[Adopted 9-25-1991 by Ord. No. 91-11[1]; amended in its entirety 2-25-2002 by Ord. No. 2002-3]

HOUSEHOLD HAZARDOUS WASTE

Editor's Note: This ordinance superseded former Art. II, Recycling, adopted 6-25-1990 by Ord. No. 90-9.

§ 160-15 Title.

This article shall be known as the "Municipal Recycling Ordinance."

§ 160-16 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ACT 97

The Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.

ACT 101

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.

ALUMINUM

Empty, all-aluminum beverage and food containers, commonly known as "aluminum cans."

BIMETAL CANS

Empty food or beverage containers constructed of a mixture of ferrous metal, usually tin or steel, and nonferrous metal, usually aluminum.

CORRUGATED PAPER

Paper products made of a stiff, moderately thick paper board, usually containing folds or alternating ridges, commonly known as "cardboard."

DEP

The Pennsylvania Department of Environmental Protection.

GLASS

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.

GRASS CLIPPINGS

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.

HIGH-GRADE OFFICE PAPER

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.

LEAF WASTE

Leaves, garden residues, shrubbery, tree trimmings and similar material, but does not include grass clippings.

MAGAZINES AND PERIODICALS

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.

MIXED PAPER

All types of paper combinations, such as colored paper, carbonless forms, ledger paper, paper envelopes, mixtures of high-grade office paper and the like.

MUNICIPAL WASTE

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.

MUNICIPAL WASTE COLLECTOR(S)

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.

NEWSPAPER

Paper of the type commonly referred to as "newsprint."

PERSON or ENTITY

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.

PLASTIC CONTAINERS

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.

RECYCLABLE MATERIALS

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.

RESIDENT(S)

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.

TOWNSHIP

The Township of Upper Gwynedd.

WHITE GOODS

Refrigerators, washing machines, clothes dryers, window air conditioners, hot-water heaters and other major home appliances.

All terms not separately defined in this article that are contained in Act 97 and Act 101 are incorporated herein by reference.

§ 160-17 Legislative intent.

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.

This article has been developed to meet and implement municipal responsibilities established under Act 101.

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.

Editor's Note: See 53 P.S. § 4000.304(c).

§ 160-18 Responsibilities of Township.

Registering of the municipal waste collectors for recycling activities will be undertaken by the Township.

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.

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:

The Township shall include articles and information on recycling requirements and activities within regular newsletters or mailings to residents and businesses in the community.

The municipal waste collectors shall, at least once a year, deliver or include with their invoices sent to customers an information sheet on recycling.

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.

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.

Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).

§ 160-19 Responsibilities of municipal waste collectors.

Each municipal waste collector shall be responsible for complying with the requirements of this article for the collection, processing and marketing of recyclable materials.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

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.

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.

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.

§ 160-20 Delegation of program responsibilities by Township.

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.

Editor's Note: See 53 P.S. § 4000.304(c).

§ 160-21 Responsibilities of persons or entities generating municipal waste.

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.

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.

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.

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.

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.

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.

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.

§ 160-22 Collection of recyclable materials.

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.

The collection of recyclable materials for all establishments, other than single-family residential homes, shall be on an as-required basis.

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.

Municipal waste collectors shall not leave recycling containers in the cartway of any public road.

§ 160-23 Processing and marketing of recyclable materials.

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.

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.

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.

§ 160-24 Ownership of recyclable materials and municipal waste.

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.

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.

§ 160-25 Alternate recycling activities.

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.

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.

Editor's Note: See 53 P.S. § 4000.1501(h).

§ 160-26 Handling of leaf waste.

[Amended 3-24-2008 by Ord. No. 2008-08]

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.

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.

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.

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.

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.

§ 160-27 Recordkeeping.

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.

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.

Except as noted in §§ 160-18E, 160-25A and B, and Subsection B in this section, all records shall be provided to the Township on an annual basis in typewritten tabular form and shall be due within 30 days after the end of each calendar year.

§ 160-28 Violations and penalties.

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]