[HISTORY: Adopted by the Board of Commissioners of the Township of Muhlenberg 8-20-1990 by Ord. No. 267. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 74.
This chapter shall be known as the "Muhlenberg Township Municipal Waste Recycling and Waste Reduction Ordinance."
The following words and phrases, when used in this chapter, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
- ALUMINUM CANS
- Empty all-aluminum beverage and food containers.
- BIMETALLIC CONTAINERS
- Empty food or beverage containers consisting of steel and aluminum.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial or industrial purposes and those multiple dwelling residential buildings containing 10 or more dwelling units.
- CORRUGATED PAPER
- Structural paper material with its inner core shaped in rigid parallel furrows and ridges.
- DESIGNATED RECYCLABLE MATERIALS
- Materials found within the municipal waste stream that have been designated for collection under the Township's recycling collection program.
- FERROUS CONTAINERS
- Empty steel or tin-coated steel food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products, pyrex, coffee mugs, drinking glasses or light bulbs.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
- INSTITUTIONAL ESTABLISHMENTS
- Those facilities that house or serve groups of people, such as hospitals, schools, day-care centers and nursing homes.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings, but not including clippings.
- MOBILE HOME PARK
- A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
- MULTIFAMILY HOUSING PROPERTIES
- Any properties having 10 or more dwelling units per structure.
- MUNICIPAL ESTABLISHMENTS
- Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
- The Township of Muhlenberg, Berks County, Pennsylvania.
- MUNICIPAL WASTE
- Any garbage, refuse and industrial, lunchroom or office waste and other material, including solid, liquid or semisolid or containing gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities. The term does not include source-separated recyclable materials.
- Any individual, partnership, corporation, association, institution, municipality, municipal authority, federal or state agency or institution. In any provision of this chapter prescribing a fine, imprisonment or penalty, 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.
- Empty PET (soda bottles) plastic bottles and HDPE (laundry detergent bottles and/or plastic milk containers) plastics.
- PUBLIC AGENCY
- Any state agency or local public agency.
- The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal.
Designated recyclable materials for the Township collection program shall consist of the following materials as defined herein:
All persons residing within the Township of Muhlenberg, whether in single-family or multifamily dwellings, townhouses or apartments, shall separate from other municipal waste generated at their dwellings all designated recyclable materials. These materials shall be stored until collection thereof by the Township or its designated agent, at times and dates as set forth by the Township in subsequently promulgated regulations. The Township, from time to time hereafter by resolution, may designate other items to be recycled. Nothing in this chapter or subsequently promulgated regulations relating hereto shall be deemed to impair the ownership of separated materials by the person or persons who generated them unless and until such materials are placed at the curbside or other designated location for collection by the municipality or its agents.
All persons residing within the Township of Muhlenberg, as aforesaid, shall also separate from other municipal waste generated at their dwellings all leaf waste so generated in those areas of the Township and during those periods of time that the Township, by resolution and notice, indicates that such leaf waste is to be collected, until the times for collection, unless those persons have otherwise provided for the composting of such leaf waste.
The owner and/or landlord or the agent of such owner and/or landlord of multifamily rental housing properties with 10 or more dwelling units and mobile home parks shall comply with the requirements of this chapter by establishing a collection system for designated recyclable materials at each such property. The collection system must include suitable containers for the collecting and sorting of said recyclable materials, easily accessible locations for the containers and written instructions to the occupants concerning the use of said collection system. Owners and/or landlords and the agents for such owners and/or landlords shall not be liable for the noncompliance of occupants of their buildings.
The owner and/or landlord or the agent of such owner and/or landlord of multifamily rental housing properties with 10 or more dwelling units and mobile home parks not included in the collection system of the municipality shall establish a system for the collection of designated recyclable materials and leaf waste and arrange for the removal of such materials to a center for recyclable materials. Leaf waste shall be collected and transported to a composting facility or leaf mulching operation. Annual reports, in writing, of the number of tons of such material recycled shall be made to the Township by the 15th day of January of the following year.
All persons owning, leasing, operating, managing and/or otherwise controlling commercial, municipal or institutional establishments or community activities shall separate high-grade office paper, aluminum, corrugated paper and leaf waste, collect the same and arrange for the removal of such materials to a center for recyclable materials. Annual reports, in writing, of the number of tons of such material recycled shall be made to the Township by the 15th day of January of the following year.
The Township, by resolution of the Board of Commissioners from time to time, will schedule a day, not less frequently than once a month, when designated recyclable materials are to be placed at the curbside or other designated location for collection. In single-family areas of the Township, one container will be provided for the collection of all designated recyclable materials. Designated materials must be set out for collection in accordance with rules and regulations adopted by the Township.
The Township will establish a system for the collection, not less frequently than once a month, of designated recyclable materials. Such system may involve the collection, transporting, processing or marketing of the materials by the municipality itself or through contracting with other persons for the collecting, transporting, processing or marketing of said commingled recyclable materials.
Persons owning, leasing, operating or managing commercial, institutional or municipal establishments within the boundaries of the Township who have provided for or who hereafter provide for the recycling of materials required to be recycled by the terms of this chapter or by the terms of the Municipal Waste Planning, Recycling and Waste Reduction Act of the commonwealth are hereby exempt from the terms of this chapter. To be eligible for the foregoing exemption, a commercial, institutional or municipal establishment generating municipal waste must annually provide written documentation to the Township of the total number of tons recycled by the 15th day of January of each year.
Editor's Note: See 53 P.S. § 4000.101 et seq.
Designated recyclable materials, from the time of the placement of the same at the curbside or other designated collection area in accordance with the terms hereof or of subsequently adopted regulations, shall be and become the property of the Township or its authorized designated agent or agents. Prior thereto, said designated recyclable materials shall remain the property of the persons generating the same. It shall be a violation of this chapter for any person not so authorized by the Township to act as its agent or agents for the collection of the designated recyclable materials.
It shall be unlawful for:
Any person, other than those persons authorized, to collect any designated recyclable which has been placed at the curbside or similar location for collection.
Any person to violate or to cause or to assist in the violation of any provision of this chapter.
Any person to place or cause to be placed any material other than a designated recyclable in recycling containers.
Any person to hinder, to obstruct, to prevent or to interfere with the Township or any other authorized persons in the performance of any duty under this chapter.
Any person who shall violate any of the terms of this chapter, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000, and costs of prosecution, or, in default thereof, to undergo imprisonment for not more than 30 days. The minimum sentence, upon conviction, for the first offense within a one-year period shall be $35, and costs of prosecution; for a second offense within such period, $70, and costs; and for a third offense within such period, $100, and costs. Each day that a violation of the terms of this chapter continues shall constitute a separate offense and may be prosecuted as such.