Township of Rostraver, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Rostraver as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 76.
Junk and junk dealers — See Ch. 112.
Nuisances — See Ch. 124.
[Adopted 9-5-1989 as Part 5, Ch. 6, of the 1989 Code]
The accumulation, collection, removal and disposal of solid waste must be controlled by the Township for the protection of the public health, safety and welfare. The Board finds that to give effect to this policy, a comprehensive system for the periodic collection, removal and disposal of solid waste from all premises in the Township and, therefore, all such occupants, owners, controllers of or persons maintaining premises within Rostraver Township, are required to have solid waste collection service.
The following words and phrases, whenever used in this article, shall be construed as defined in this section:
BOARD
The Board of Commissioners of Rostraver Township.
CUSTOMER
Any person, firm or corporation receiving solid waste service under the provisions of this article.
DISPOSAL AREA
Any area designated or provided by the Board from time to time for the purpose of disposal of garbage.
GARBAGE
Any and all matter and materials which are rejected, abandoned or discarded by the owners or producers thereof as offensive or useless or no longer desired by said owners or producers thereof and which by their presence or accumulation may injuriously affect the health, comfort or safety of the community. It shall include rubbish, waste matter, swill, salvageable waste and similar substances or materials of the nature described above, but shall not include garden refuse.
PLACE or PREMISES
Every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other property or building where any person resided or any business or activity is carried on or conducted within the Township of Rostraver or where solid waste may accumulate.
RUBBISH
Nonputrescible, useless, unused, unwanted or discarded material or debris, either combustible or noncombustible, which by its presence may injuriously affect the health, safety and comfort of persons and property in the vicinity thereof.
SOLID WASTE
Garbage, swill, rubbish and other discarded materials, including but not limited to solid and liquid waste materials resulting from industrial, commercial, agricultural and residential activities.
SOLID WASTE COLLECTOR
An agent or employee of the Township assigned and directed by the Board to collect solid waste or any person or the agents, assignees or employees thereof to whom a license shall have been issued under the terms of this article for the collection of solid waste as hereinafter set forth.
STANDARD CONTAINER
A container watertight with a close-fitting cover, cover handle and side handles or a sturdy polyethylene-type bag which shall be secured at the opening when set out for collection. Insofar as commercial establishments are concerned, "standard container" shall be construed to mean a container which is both watertight, close fitted with a cover and resistant to damage during handling. No commercial establishment shall be permitted to use polyethylene-type bags for any substances except paper or dry substances.
SWILL
All classes of putrescible animal, fish, fowl, fruit or vegetable matter, and shall include matter or substances used in the preparation, cooking, dealing in or storage of meats, fowl, fish, fruits and vegetables that are subject to immediate decay and the attraction of flies or rodents.
A. 
No person shall throw, drop, leave, dump, bury, place, keep, accumulate or otherwise dispose of any solid waste upon any property within the limits of the Township, either with or without intent to remove the same from such property, or upon any street, way, sidewalk, gutter, stream or creek or the banks thereof or any public place or public property within the limits of the Township; provided, however, that this section should not apply to any land used by the Township for a disposal area.
B. 
All solid waste produced in Rostraver Township shall be deposited within the Township in Board-approved disposal sites only.
[Amended 2-23-2000 by Ord. No. 421]
[Amended 7-7-2004 by Ord. No. 517]
Every person shall keep the premises occupied by him and every owner of any unoccupied premises or property shall keep the same in a clean and sanitary condition and shall not cause, suffer or permit any garbage to accumulate on such premises or property for a period in excess of one calendar week or cause, suffer or permit any rubbish to accumulate on his premises for a period in excess of one calendar month; provided, however, that this provision shall not be construed to prohibit any person from keeping material on any premises or property during the period of active construction, reconstruction or repair of a building or structure thereon under a current valid zoning permit, nor the keeping of wood, neatly piled, upon such premises for household use, nor the composting of grass or trimmings.
Collection of garbage or swill shall be made at least once a week and collection of rubbish shall be once per month. The collector shall transfer the contents of all containers into the collection vehicle provided therefor without spilling any contents.
[Amended 2-23-2000 by Ord. No. 421]
It shall be unlawful for any person occupying any premises within the Township or for any person owning, controlling or maintaining any premises within the Township where solid waste is created, produced or accumulated to fail or neglect to obtain a sufficient number of standard containers for receiving and holding without leakage or escape of odors all garbage produced, created or accumulated upon such premises, except as hereinafter provided; and all such persons shall deposit all such garbage in such containers and all such containers shall be at all times kept in a good usable and sanitary condition. Containers shall be kept continuously closed except when garbage is being placed therein or removed therefrom and shall at all times be closed against access of flies, rodents and animals to the contents thereof. Garbage and rubbish may be deposited in the same container, but if mixed, all rules relating to garbage hereunder shall then apply to mixed garbage and rubbish. Containers shall not exceed 30 pounds in weight when filled for removal.
A. 
All places or premises within the Township shall have sufficient containers to hold all garbage generated, produced or accumulated on the place or premises during a one-week period, unless a more frequent collection schedule has been approved by the Board. In determining the sufficiency of the number of containers required, the following minimum standards shall apply:
(1) 
One-family and two-family dwellings: one standard container per dwelling unit.
(2) 
Three-family dwellings, apartment houses and multiple-dwelling buildings: one standard container per dwelling unit.
(3) 
Motel, hotel, trailer park or mobile home park: one standard container per unit or space.
(4) 
Commercial place or premises: not less than one standard container.
B. 
Customers responsible for solid waste collection services to apartment houses, multiple-dwelling buildings, commercial and industrial places or premises may arrange for the use of detachable containers and/or drop box containers instead of standard containers. These arrangements shall be made with the licensed collector on the basis of charges established for this purpose subject to the approval of the Board.
C. 
Nothing herein shall be construed to prohibit the joint use of a detachable container or drop box container by two or more customers upon approval of the Secretary.
Solid waste containers shall not be placed or allowed to remain in or on any cartway of a road.
On single-family and two-family premises, solid waste containers shall be placed by the customer on the premises and collected by the collector as follows:
A. 
No greater than five feet inside the property line nearest to the street or road where the solid waste collector maintains his route. All containers shall be screened from public view when stored so as not to be unsightly.
B. 
Bulky rubbish of unusual shape or size such as tree limbs or discarded furniture, etc., shall be placed adjacent to containers and compactly tied for pickup.
No person shall deposit in any container any explosive, highly flammable, radioactive or otherwise hazardous material or substance without first having made special arrangements therefor with the collector thereof.
All solid waste hauled by any person over public streets in the Township shall be secured during the hauling thereof so as to prevent spillage or blowing.
All collections shall be made with vehicles of a design approved by the Board. All collections shall be made as quietly as possible, and use of any unnecessarily noisy trucks or equipment is prohibited.
A. 
It shall be unlawful for any person to engage in the business of collecting solid waste within the Township unless such person is a designated employee or agent of the Township or has been granted a license by the Board so to do or is the employee of a person who has been so licensed.
B. 
It shall be unlawful for any person to interfere in any manner with the lawful operations of such licensee or his authorized agents or assignees.
C. 
The Township may provide in any license issued pursuant to this article that the licensee may assign a portion or portions of the garbage collection services for which he is so licensed to one or more agents or assignees upon approval of the Board. The licensee shall be responsible for the operation and conduct of such agents or assignees.
Any person may remove or dispose of or may cause to be removed and disposed of from premises occupied by him or under his control such solid waste as is created or produced on such premises in excess of the regular garbage collection made by the Township licensee if the following conditions have been or will be complied with:
A. 
Such removal and disposal activity shall be only by the owner or occupant personally or by such owner's or occupant's regularly employed personnel carried on the owner's or occupant's payroll records as an employee.
B. 
All vehicles used in carrying out such removal and disposal activities shall be owned by or under the exclusive control of owner or occupant and shall meet all the requirements of this article and all other laws and ordinances of the commonwealth and the Township. Any such vehicle shall be subject to inspection by the Board.
C. 
The solid waste shall be disposed of in a Board-approved disposal site.
D. 
Any person engaged in the business of gardening or tree trimming or building demolition is authorized to remove and dispose of rubbish as an incident to such business but must comply with the rules and regulations of the Pennsylvania Solid Waste Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
The license fee for engaging in the business of collecting solid waste in the Township shall be the sum as set from time to time by resolution of the Board of Commissioners.
Applications for licenses under this article shall be submitted in writing to the Secretary. Each application shall contain the following information:
A. 
Name and address of the applicant. If the applicant is a firm or partnership, names of all owners and partners of all classes, limited and general, shall be listed. If the applicant is a corporation, the names and titles of each of the officers and directors shall be listed and, in addition, the names of all stockholders owning, holding or controlling 5% or more of corporate stock shall be listed.
B. 
The type of license sought.
C. 
The number, kind and capacity of the vehicles and other equipment to be used for such purposes.
The Board may, in its discretion, in lieu of considering applications for license, advertise for competitive bids for licenses under this article.
A. 
Upon consideration of an application or bids for a license, the Board may refuse to grant the requested license or may grant a license to any such applicant or bidder as may appear from said application or bids to be, in its opinion, best qualified to render proper and efficient collection service.
B. 
Every license granted by the Board pursuant to the provisions of this article shall cover the following matters:
(1) 
The name and address of the person, firm or corporation to whom the license is issued.
(2) 
The type of collection service authorized.
(3) 
Whether the license is exclusive or nonexclusive, limited or unlimited.
(4) 
The term for which the license is granted.
(5) 
Such other conditions as the Board may provide.
In order to preserve the health, safety and welfare of the people in the Township, the Board retains the authority to limit the number of licenses for the collection of solid waste which will be issued under this article.
A. 
No license shall be issued under the provisions of this article nor shall any such license be valid after issuance unless there is at all times in force and effect to provide protection against liability for damages which may be imposed for the negligence of the licensee or his employees or agents a liability insurance policy or policies approved by the Solicitor and issued by an insurance company authorized to do business in the commonwealth.
B. 
Such policy or policies shall provide protection against liability of the licensee for the payment of damages in amounts, at least, as follows:
(1) 
In the amount of $100,000 on account of bodily injuries to or death of one person;
(2) 
In the amount of $300,000 against the total liability of the licensee on account of bodily injuries to or death of more than one person as a result of any one accident;
(3) 
In the amount of $25,000 for one accident resulting in damage or destruction of property, whether the property of one or more than one claimant.
C. 
A liability insurance policy required by this section shall inure to the benefit of any persons who shall be injured or who shall sustain damages to property proximately caused by the negligence of the licensee insured by this policy, his employees or agents.
D. 
Satisfactory evidence that the liability insurance required by this section is at all times in full force and effect shall be furnished the Secretary by each licensee required to provide such insurance.
E. 
The policy of insurance shall contain a provision against cancellation except upon 10 days' prior written notice thereof to the Township Secretary.
Each person granted a license to collect garbage pursuant to the provisions of this article shall file with the Secretary a faithful performance bond or other form of security satisfactory to the Township in an amount not to exceed the sum of $5,000. Said bond or security shall be conditioned upon the faithful performance of all the terms and conditions of said license and the provisions of this article, insofar as they are applicable to said licensee.
No license granted by the Board pursuant to the provisions of this article can be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale or by voluntary sale, merger, consolidation, change in control of the corporation or company, stock transfer, transfer in trust, mortgage or otherwise, without the prior written consent of the Board. The Board may grant or deny such a request or impose such conditions as it may deem to be in the public interest.
Any license granted by the Board pursuant to the provisions of this article may be revoked by the Board if, after conducting a public hearing on the revocation, the Board finds and determines that the person doing business by virtue of such license has failed to comply with any of the terms of said license or this article or has failed to render satisfactory collection services.
A. 
Charges to customers for garbage service shall be set by the Board upon approval of an application for a license or upon acceptance of a bid received for a license. Said charges may be revised by the Board from time to time.
B. 
The basic minimum rate in the schedule of charges adopted by the Board shall provide for the collection of one standard container of garbage per week per occupied premises by the collector.
C. 
Charges for industrial garbage service shall be as negotiated between the collector and the customer and shall not be subject to Board review and mediation.
Any owner or occupant of any premises may contract with the licensee or his agents or assignees for special haul services for the removal of solid waste in excess of services provided by the licensee under regular collection fees established by the Board.
A. 
Every person, firm or corporation owning any premises or place within the Township is required to have solid waste collection service, the charge of which shall be set by the Board of Commissioners by resolution. Every dwelling unit, within or comprising a duplex, multiple dwelling or building, apartment building, trailer or mobile home park shall be charged a separate collection service or user's fee, which fee shall be the same as charged to a single-family residence, and the owner of the duplex, multiple dwelling or building, apartment building, trailer or mobile home park shall be responsible for the payment of such fee.
B. 
For industrial, business or professional customers, the contractor shall establish rates for removal of such customers and shall negotiate and collect such rates from said customers on a fair, uniform and equitable schedule of rates. Payment and collection of such rates shall be directly from the customer to the contractor; provided, however, that the contractor agrees to allow each such customer a credit against the rates negotiated with such customer in an amount equal to 1/2 the amount paid by such customer to the Township under the terms of this article and the regulations established by the Township for payment of garbage pickup service.
C. 
The contractor is authorized to make an extra charge to be negotiated with each family customer for removal of matter subject to the terms of this article if the matter is in excess of the load limit of four twenty-gallon cans as hereinabove provided.
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, regarding multifamily apartment complexes comprising more than 50 individual dwelling units located on a single tract of land owned by one firm or corporation described in one deed opting out of the Solid Waste Program of Rostraver Township, added 12-30-2002 by Ord. No. 480, was repealed 10-6-2010 by Ord. No. 608.
A. 
The Township garbage service or user's fee shall be collected by the Township Tax Collector on behalf of the Board of Commissioners.
B. 
The Township garbage service or user's fee shall be placed upon the tax duplicates for collection purposes by the Township Tax Collector.
C. 
Senior citizens, being those users or consumers 65 years of age and older, shall be exempt from an amount of not more than 1/2 of the service or user's fee charged to their residence, the actual fee for senior citizens to be determined from time to time by the Township Commissioners.
D. 
Delinquent accounts. Any payment not made on or before July 31 of each year that this article remains in effect shall be delinquent and the following penalty shall be imposed thereon:
(1) 
A penalty of 5% if payment is made on or after August 1, but prior to November 1.
(2) 
Stoppage of service after November 1. Service shall be resumed thereafter only on payment of accumulated fees and penalty for the period of collection and noncollection, plus interest.
E. 
Legal remedies. The stoppage of services hereinbefore authorized for nonpayment of collection charges shall be in addition to the right of the Township to proceed for the collection of such unpaid charges in the manner provided by law, either by action in assumpsit or by the filing of a municipal claim or lien.
F. 
The Code Enforcement Officer or his agent is charged with the enforcement of this article.
Each person granted a license under the provisions of this article shall maintain detailed records of all receipts and expenditures received or incurred in the operation of such business, including all fees collected for services rendered. The Township, its officers and employees shall be entitled to inspect, audit and copy such books and records upon notice at all reasonable times.
The Board may inspect all premises within the Township from time to time and examine the conditions of the premises to determine compliance with the provisions of this article.
Any person, whether as principal, agent or employee, who violates or assists in the violation of any provision of this article shall be guilty of an offense and, upon conviction, for every such offense shall be sentenced to pay a fine of not less than $100 or more than $1,000 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Each day on which any such violation is committed or permitted to continue shall constitute a separate offense.
The following types of collection vehicles are approved for solid waste collection:
A. 
For public collection: garbage packer truck.
B. 
For removal of solid waste by producers: any truck with tarpaulin cover which shall be attached and covering load at all times during transportation of solid waste.[1]
[1]
Editor's Note: Original Sec. 5-6032, Annual fee for residential customers and senior citizens, which immediately followed this subsection, was deleted 2-23-2000 by Ord. No. 421.
[Adopted 7-16-1990 by Ord. No. 232]
The short title of this article shall be the "Township of Rostraver Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article shall have the following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.
[1]
ALUMINUM
Empty all-aluminum beverage or food cans.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
COLLECTOR
The entity or entities authorized by the Township of Rostraver to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments that do not receive collection services through the Township of Rostraver contract to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than two dwelling units.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel or tin-coated food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are non-container glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
LEAD ACID BATTERIES
Include, but shall not be limited to, automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTIES
Any properties having two or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the Township of Rostraver and other governmental and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other material, including solid, liquid, semisolid or contained gaseous material, 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 the Solid Waste Management Act[2] from a municipal, commercial or institutional water supply treatment plan or air pollution control facility. The term does not include source-separated recyclable materials.
MUNICIPALITY
The Township of Rostraver.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
PERSON(S)
Owners, lessees and occupants of residences and commercial, municipal and institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the Township of Rostraver may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Township of Rostraver and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include, but are not necessarily limited to, clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, plastics Classes 1 and 2 and any other items selected by the Township of Rostraver or specified in future revisions to Act 101. The recyclable materials selected by the Township of Rostraver may be revised from time to time as deemed necessary by the Township of Rostraver.
[Amended 4-3-2002 by Ord. No. 459[3]]
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, 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 creation and recovery of reusable materials.
RESIDENCES
Any occupied single-family or multifamily dwellings having up to two dwelling units per structure.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
[3]
Editor's Note: This ordinance also provided that the recycling of plastics began 4-3-2002.
A. 
The Township of Rostraver hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting or other processing of leaf waste from all residences and all commercial, municipal and institutional establishments located in the Township of Rostraver for which waste collection is provided through the Township of Rostraver contract or any other collector.
B. 
Collection of the recyclable materials shall be made at least once per month or more frequently as required by the Board of Commissioners, by the solid waste collectors operating in the Township of Rostraver and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program.
C. 
Specific program regulations are provided as an attachment to this article.[1] The Board of Commissioners is empowered to make changes to program regulations as necessary, as described in § 161-41. Subsequent changes in the program regulations may be made through approval of the Board of Commissioners and public notice and notifications of all affected parties.
[1]
Editor's Note: Said regulations are on file in the Township offices.
Disposal by persons of lead acid batteries with other municipal wastes is prohibited and shall be a violation of this article.
A. 
All persons who are residents of the Township of Rostraver shall separate all of those recyclable materials designated by the Township of Rostraver from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection and place the same for collection in accordance with the guidelines established hereunder.
(1) 
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the Township of Rostraver for collection. Any containers provided to residences for collection shall be the property of the Township of Rostraver and shall be responsible for leaving the allocated container within the residence or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this article.
(2) 
An owner, landlord or agent of an owner or landlord of a multifamily rental housing property with more than two units must comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
B. 
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection, unless those persons have otherwise provided for composting or other processing of leaf waste.
C. 
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Township of Rostraver generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection or, in the case of leaf waste, unless those persons have otherwise provided for composting or other processing of leaf waste. A person may be exempted from this subsection if that person submits documentation to the Township of Rostraver annually indicating that the designated recyclable materials are being recycled in an appropriate manner.
All recyclable materials placed by persons for collection by the Township of Rostraver or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Township of Rostraver or the authorized collector, except as otherwise provided by § 161-39 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm or corporation, other than the Township of Rostraver or one authorized by the Board of Commissioners or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the collector then under contract with the Township of Rostraver or another authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the Board of Commissioners or other entity responsible for authorizing collection of recyclable materials to make such a collection.
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this article. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited unless markets do not exist and the collectors or operators have notified the Township of Rostraver Code Enforcement Officer in writing.
A. 
The Board of Commissioners are hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article as deemed necessary, including but not limited to:
(1) 
Establishing recyclable materials to be separated for collection and recycling by residences and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
(2) 
Establishing collection procedures for recyclable materials.
(3) 
Establishing reporting procedures for amounts of materials recycled.
(4) 
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
(5) 
Establishing procedures and rules for the collection, composting or other processing of leaf waste.
B. 
Any person, firm or corporation who shall violate the provisions of this article shall receive an official written warning of noncompliance for the first and second offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
C. 
Except as hereinafter provided, any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not less than $25 nor more than $600 and costs of prosecution for each and every offense and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.
[Amended 2-23-2000 by Ord. No. 421]
D. 
The Township of Rostraver reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.
The Township of Rostraver may enter into an agreement with public or private agencies or firms to authorize it to collect all or part of the recyclable materials from curbside.
The Township of Rostraver may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 161-41.