[HISTORY: Adopted by the Board of Supervisors of the Township of Towamencin 4-25-2007 by Ord. No. 07-02. Amendments noted where applicable.]
Outdoor burning — See Ch. 54.
Littering — See Ch. 93.
Property maintenance — See Ch. 117.
Editor's Note: This ordinance also amended in entirety former Ch. 84, Garbage and Other Solid Waste, consisting of Art. I, Solid Waste Disposal, adopted 4-25-1990 by Ord. No. 90-14, and Art. II, Recycling, adopted 7-25-1990 by Ord. No. 90-9, as amended.
This chapter shall be known as the "Municipal Waste Collection and Recycling Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- 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 steel, and nonferrous metal, usually tin.
- BULK ITEMS
- Any large durable goods such as refrigerators, washing machines, window air conditioners, hot-water heaters, dishwashers and any other major home appliances in addition to other large bulk items such as dressers, beds, mattresses, sofas, television sets and other large household items.
- The legal owner, occupant or lessee of a commercial, industrial or cooperative enterprise, firm, partnership, corporation, association, institution, trust or governmental entity that engages in any form of business or governmental operations.
- CORRUGATED PAPER
- Paper products made of a stiff, moderately thick paper board, containing folds or alternating ridges, commonly known as "cardboard."
- The Pennsylvania Department of Environmental Protection.
- Products made from silica or sand, soda ash and limestone. The product may be transparent (clear) or colored (e.g., brown or green) and used as a container for packaging (e.g., jars) or bottling of various matter. Expressly excluded are noncontainer glass, window or plate glass, light bulbs, blue glass and porcelain and ceramic products.
- GRASS CLIPPINGS
- The material bagged or raked during or after cutting of a lawn, field or similar grassed area.
- HIGH-GRADE OFFICE PAPER
- All types of high-grade, white or colored paper, bond paper and computer paper used in commercial, institutional, business, office and municipal establishments.
- HOUSEHOLD HAZARDOUS WASTE
- Small quantities of hazardous waste (as defined in the Solid Waste Management Act) available to a person or entity on a retail basis, such as pesticides, certain paints, paint thinners and solvents, cleaning agents and automotive products.
- The intermunicipal agreement adopted by the municipalities which are members of the Northern Montgomery County Recycling Commission.
- Any individual or organizational owner who rents and/or leases residential units, commercial space or an industrial complex(es). Landlords own the properties in question and deal directly with their tenants or lessees.
- LEAF WASTE
- Leaves, garden residues, shrubbery and 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, colored paper envelopes, mixtures of high-grade office paper and the like.
- Towamencin Township.
- MUNICIPAL WASTE
- Any municipal waste as defined by Section 103 of the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., and Section 103 of Act 105 and any rules and regulations promulgated thereunder.
- MUNICIPAL WASTE COLLECTOR(S)
- Any collector, remover, transporter and/or hauler of municipal waste and/or recyclable materials in the NMCRC. A municipality shall be considered a municipal waste collector if it provides manpower and equipment for the collection of municipal waste.
- Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest.
- NORTHERN MONTGOMERY COUNTY RECYCLING COMMISSION (NMCRC)
- The legal entity established by and operating as agent for the municipalities hereunder who have delegated certain of their duties and powers respecting recycling, including but not limited to the development, implementation and enforcement of common recycling programs. Presently the NMCRC is comprised of Ambler Borough, Franconia Township, Hatfield Township, Hatfield Borough, Lower Gwynedd Township, Lower Salford Township, Montgomery Township, North Wales Borough, Souderton Borough, Telford Borough, Towamencin Township and shall be deemed to include all new member municipalities and accepting member municipalities who have completed the withdrawal process.
- PARTICIPATING MUNICIPALITIES
- Those municipalities which have executed the intermunicipal agreement (IMA).
- 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.
- PLAN or COUNTY PLAN
- The latest revision of the county-wide municipal waste management plan adopted by the county and approved by DEP, as such may hereinafter be supplemented, revised, amended or modified in compliance with the law.
- 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, but are not limited to, glass (clear, brown or green), aluminum, steel and bimetal cans, high-grade office paper, mixed paper, newspaper (including newspaper inserts, junk mail and telephone books), corrugated paper, magazines and other periodicals, plastic containers and other materials as may be designated from time as recyclable materials.
- RECYCLING COLLECTOR
- A municipal waste collector engaged in the collection, removal, transportation or hauling of recyclable materials.
- RECYCLING PROCESSORS
- Entities which receive recyclable materials, separate recyclable materials from nonrecyclable residue and market the separated recyclable materials for reuse or remanufacture.
- RENTAL AGENT(S)/PROPERTY MANAGERS
- Any individual or organization who or which assumes the owner's responsibility in renting and/or leasing residential units, commercial space or industrial complexes. Agents do not own the properties in question, but deal directly with tenants or lessees on behalf of the owner(s).
- The legal owner, occupant or lessee of a single-family residential unit in a municipality served by curbside collection of municipal wastes and/or recyclables or owner, occupant or lessee of any other type of multifamily residential unit, including but not limited to townhomes, duplexes, condominiums and apartments, whose multifamily unit has curbside collection of municipal waste and/or recyclables. Also classified as a resident will be any business professional who operates a profession from his/her personal residence.
- YARD WASTE
- Twigs, shrub trimmings, small branches and like vegative matter.
All terms not separately defined in this article that are contained in Act 97 and Act 101 are incorporated herein by reference.
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 detrimental impact on the environment. It is the intent of this article to require, promote and regulate recycling activities in the municipality 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.
It is the intent of this article to promote intergovernmental cooperation in recycling activities by and among the municipalities comprising the NMCRC. Such cooperation is intended to more efficiently conduct recycling programs and to reduce costs.
The municipality's adoption of this article anticipates the assignment of certain of its duties and powers under Act 101 to the NMCRC with respect to recycling activities and enforcement against violations of this chapter. Such assignment of duties and powers will be accomplished in accordance with Section 304(c) of Act 101 and as set forth in this article and in the intermunicipal agreement adopted by the member municipalities of the NMCRC. Duties and powers not assigned by the intermunicipal agreement or subsequent agreement shall remain with the municipality.
The NMCRC is authorized to carry out a recycling program on behalf of the member municipalities in accordance with the terms and conditions of the IMA.
In accordance with the responsibilities in this chapter, the NMCRC is authorized to establish, by resolution, rules and regulations related to the administration of the recycling program and to administer and enforce against violations of all such rules and regulations. The NMCRC shall determine the recyclable materials to be separated by residents, noncurbside residents and businesses and collected by municipal waste collectors; however, this designation may be changed by the NMCRC from time to time. The municipality may require additional materials to be recycled, in which event such additional materials shall be deposited at dropoff centers designated by the municipality, and the municipal waste collector will not be responsible for collecting such materials. Any additional requirements imposed by the municipality shall be consistent with and not interfere with the recycling program developed and implemented by the NMCRC. All commercial, industrial and institutional establishments shall also be required to separate the materials designated by the NMCRC for recycling.
In accordance with Section 1501(c)(1)(iii) of Act 101, the NMCRC shall be authorized to exempt persons occupying commercial, institutional and industrial establishments from the requirements of this chapter if they have otherwise provided for the recycling of materials designated by this chapter and any subsequent resolutions. To be eligible for this exemption, the commercial, industrial or institutional waste generator must provide, on an annual basis, written documentation to the municipality and the NMCRC of the total quantity of each material recycled, in the form and by the Act as provided for in the NMCRC's rules and regulations. Exemptions shall be handled administratively by the NMCRC.
[Amended 11-23-2010 by Ord. No. 10-06]
Each person or entity, unless exempted under § 84-4C of this article, who or which generates municipal waste and/or designated recyclable materials shall have such waste and recyclable materials collected by a municipal waste collector.
Each person or entity who or which generates municipal waste in the NMCRC shall be responsible for complying with the requirements of this chapter for the separation of recyclable materials as required by Act 101 as implemented by the NMCRC. This shall include tenants and lessees occupying leased properties.
Owners, landlords or rental agents of any leased property, other than a single-family-occupied property, shall be responsible for publicly posting educational information provided by the NMCRC, municipality and/or municipal waste collectors; providing appropriate recyclable material collection containers and providing for pickup of such containers in accordance with this chapter. Owners, landlords or rental agents of a single-family-occupied property may assign such responsibility to the tenant or lessee occupying the property through a lease or rental agreement or other written assignment.
Every person or entity must separate household hazardous waste and leaf waste from the 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 as implemented by the Montgomery County Waste System Authority.
All occupants of single-family homes, including townhomes and rowhomes where individual municipal waste collection occurs, shall maintain a separate container of the type specified or provided by the NMCRC or municipal waste collector to collect all designated recyclable materials in a commingled or modified commingled (e.g., different materials separated into paper bags and placed in the container) fashion, as established by the municipal waste collector, subject to the rules and regulations of the NMCRC. 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 11:59 p.m. on the day of scheduled collection. Enforcement of container rules for placement at curbside shall be the responsibility of the municipality. Newspapers may also be placed in paper bags (no plastic 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.
Owners or landlords of any multifamily residential units 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 subsection shall not be liable for the noncompliance of any persons 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 outlined in Subsection E, unless exempted under § 84-4C of this chapter or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property.
All homes, apartments and other residential establishments shall be required to separate and recycle the following: clear glass, colored glass, newsprint (including newspaper inserts, junk mail and telephone books), aluminum cans, steel cans, bimetallic cans, No. 1 PET plastics and No. 2 HDPE plastics.
Commercial establishments will be required to separate and recycle the following: corrugated paper, high-grade office paper, aluminum cans and yard waste.
Hospitality establishments which include restaurants and taverns shall be required to separate and recycle the following: cardboard, office paper, newspaper (including newspaper inserts, junk mail and telephone books), aluminum cans, steel cans, bimetallic cans, No. 1 PET plastics and No. 2 HDPE plastics.
Community events. Recycling containers shall be provided at all community events attended by 200 or more people. The disposal of recyclable materials collected at such events shall be in accordance with the provisions of this article.
[Added 11-23-2010 by Ord. No. 10-06]
Reporting and recordkeeping requirements.
Unless specifically provided otherwise in the NMCRC's rules and regulations, all municipal waste collectors shall deliver or send, at least every six months, an information sheet that names the materials which are to be recycled.
Municipal waste collectors shall be responsible for obtaining weight and volume data on all municipal waste and recyclable materials collected by them in each municipality which is a member of the NMCRC. Said data shall be supplied to the NMCRC on an annual basis by January 15 for the preceding year. Such report shall include the name of the market or processor where recyclable materials are delivered and shall be signed by an officer of the municipal waste collector.
Municipal waste collectors shall maintain records of their collection, removal, transportation and hauling activities for each municipality and make them available for inspection by the NMCRC, in accordance with the rules and regulations of the NMCRC.
Collection, processing, marketing and reporting requirements.
Each municipal waste collector operating in the municipality shall be responsible for complying with the requirements of this chapter and the NMCRC's rules and regulations for the collection, processing and marketing of recyclable materials.
The municipal waste collector shall, in providing refuse collection and disposal services, also provide for the collection of recyclable materials. Unless specifically provided otherwise in the NMCRC's rules and regulations, 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.
A municipal waste collector shall not be permitted to allow recycling containers or dumpsters to fill beyond capacity and shall schedule the frequency of such collection accordingly.
The municipal waste collector shall be responsible for the processing and marketing of the recyclable materials or the delivery of recyclable materials to a recycling processor. 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, prior to initiating processing and marketing activities, provide the NMCRC with a summary of its proposed efforts, including the location of the facility(ies) to which the recyclable materials will be delivered, to the maximum extent possible. All such facility(ies) shall be appropriately licensed and permitted. Updates shall be provided as changes are made.
All municipal waste collectors shall keep records of the quantities of recyclable materials collected in the municipality. 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 NMCRC on reporting forms provided by the NMCRC and shall include the name and location of the processing center and/or recyclable materials dealer and shall be submitted in accordance with the time schedules established in this chapter.
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 must be provided to the NMCRC by January 31 of each year for materials collected in the preceding calendar year of the total quantity of leaf waste collected. The collector has the option of reporting tonnage either in compacted or uncompacted cubic yards.
Municipal waste collectors shall not collect refuse, recyclable materials or any other wastes between the hours of 8:00 p.m. and 6:00 a.m. Eastern standard time nor, when applicable, between 8:00 p.m. and 6:00 a.m. daylight saving time. Failure to comply with this provision shall subject a municipal waste collector to the enforcement by the individual municipality.
The municipality recognizes that intergovernmental cooperation among the municipalities comprising the membership of the NMCRC will be of benefit to the municipality by more efficiently conducting recycling program activities. Intergovernmental cooperation efforts will include, but are not limited to, the following:
Ongoing determination of the list of recyclable materials for the NMCRC municipalities.
Development and implementation of joint education programs, including the placement of newspaper ads, website pages and other appropriate media.
Preparation of information for municipality newsletters.
Development and implementation of reporting forms and grant applications and the filing of such forms and applications with the appropriate agencies.
Preparation of informational sheets for municipal waste collectors; promulgation of rules and regulations pertaining to the recycling program.
Authorization for the NMCRC solicitor to seek enforcement against violations of this chapter as specified herein.
In order to implement the intent and terms of this chapter, the municipality, pursuant to the authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, codified at 53 P.S. §§ 481 through 490, and Article 9, § 5, of the Constitution of the Commonwealth of Pennsylvania, has determined to enter into an intermunicipal agreement (IMA) between the municipalities comprising the NMCRC.
Terms and implementation of IMA. The terms and implementation of the IMA shall be as more fully set forth in the IMA and this chapter as follows:
The NMCRC shall develop, implement and maintain a recycling program for the municipalities comprising the NMCRC.
The participating municipalities shall certify that they have enacted a municipal recycling ordinance in a form substantially similar to this chapter by providing an executed and attested copy of the ordinance to the NMCRC solicitor.
The NMCRC shall be authorized to promulgate rules and regulations and administer and enforce those rules and regulations as desired or to delegate such enforcement to the member municipalities.
The NMCRC shall be authorized to enforce the IMA and select municipal ordinances enacted pursuant to the IMA.
The purpose of the IMA is to provide a uniform recycling program for the municipalities comprising the membership of the NMCRC and to minimize duplicative efforts by the member municipalities.
Findings under Intergovernmental Cooperation Act. As required by the Intergovernmental Cooperation Act of July 12, 1972, P.L. 762, No. 180, as amended, 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 IMA is set forth in §§ 913 and 914 of the IMA.
The purpose of the IMA is to cooperate with the NMCRC and other participating municipalities in developing, implementing and maintaining a recycling program.
The organizational structure necessary to implement the agreement is set forth in the IMA, with which the member municipalities shall cooperate.
The manner in which property, real or personal, shall be acquired, managed, licensed or disposed of is by way of lease or other contract unless otherwise set forth in the IMA.
All recyclable materials and municipal waste placed at 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 § 84-11 of this chapter.
It shall be a violation of this chapter 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 § 84-11 of this chapter. 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.
Any person, volunteer organization or other entity may utilize alternative methods, other than collection by a municipal waste collector, to accomplish the purpose of reutilizing recyclable materials. Any such person, volunteer organization or other entity shall register such programs with the NMCRC recycling consultant and the municipality where the recycling activity shall take place. All recyclable materials tonnage data shall be collected and reported to the NMCRC recycling consultant in accordance with all applicable procedures for the reporting of such information.
The NMCRC is authorized to permit an alternate recycling program to be developed in accordance with Paragraph 1501(h) of Act 101 if the requirements of that paragraph can be complied with. The NMCRC shall, before implementation of the program, review and approve the program. The municipal waste collector conducting the program must provide annual written documentation to the NMCRC of the total quantity of each material recycled.
Each municipal waste collector shall provide leaf waste collection service during the fall of each year.
Leaf waste collection shall be conducted by municipal waste collectors in accordance with regulations of DEP, and leaf waste disposal shall be in a DEP-certified facility in accordance with all applicable state guidelines.
All municipal waste collectors shall provide the NMCRC with the name and address of the facility(ies) where the leaf waste will be disposed. Leaf waste shall not be commingled with any other municipal solid waste. The disposal of noncomposted leaf waste at a sanitary landfill or waste-to-energy facility is strictly prohibited.
The methodology for separating and collecting leaf waste shall be established by the municipal waste collectors and subject to approval by the NMCRC and municipality. All municipal waste collectors shall provide the NMCRC with a leaf waste collection/disposal plan providing information regarding their expected leaf waste collection and disposal service to their customers on or before June 30 of each year prior to distribution to customers. The NMCRC and/or municipality shall have 60 days to provide comment or the information shall be deemed approved for distribution to customers. Leaf waste shall not be left at curbside more than 24 hours prior to collection and shall not be left in a form that obstructs the flow of traffic or affects the performance of drainage facilities or catch basins.
Any person or entity violating the provisions of this chapter pertaining to the separation of recyclable materials, within the boundaries of any municipality which is a member of the NMCRC, including commingling of recyclable materials with municipal waste by haulers and their employees, shall receive an official written warning sent certified mail, return receipt requested, from the NMCRC solicitor and/or from the solicitor for the municipality in which the alleged violation occurred for the first offense. Thereafter, within two years from the date of the written warning for the first offense, any person or entity violating any of the provisions of this chapter pertaining to the separation of recyclable materials within the boundaries of any municipality which is a member of the NMCRC, shall be subject to a criminal fine not to exceed $2,500 per violation, plus damages, court costs and reasonable attorney's fees and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action commenced by the NMCRC and/or the municipality in which the alleged violation occurred before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person or entity who shall violate any provision of this chapter not covered in Subsection A above shall, upon conviction, be subject to a criminal fine not to exceed $1,000 per violation, plus damages, court costs and reasonable attorney's fees and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action commenced by the NMCRC and/or appropriate member municipality before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day on which a violation of this chapter continues shall constitute a separate offense punishable by a like fine or penalty.
No municipal waste collector shall knowingly collect municipal waste which contains unsegregated recyclable materials or leaf waste. The municipal waste collector shall provide a person or entity violating the provisions contained herein regarding the separation of recyclable materials with written notice for the first offense and also provide the NMCRC and the member municipality with the same written notice. Any municipal waste collector who shall knowingly violate the provisions of this subsection and collect municipal waste containing recyclable materials or leaf waste from a person or entity who or which has previously been notified by the NMCRC, municipality and/or a municipal waste collector of noncompliance shall receive an official warning from the member municipality and/or NMCRC for the first offense. The municipal waste collector, for subsequent offenses within a two-year period of the warning, upon conviction, shall be sentenced to pay a fine of not less than $1,000 and not more than $5,000, plus damages and 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.
The NMCRC is authorized to establish, through its rules and regulations, procedures through which violations of this chapter and of the NMCRC's rules and regulations themselves may be determined and administrative sanctions therefor, including but not limited to imposition of monetary penalties.
Nothing in this section shall be construed to limit the NMCRC's remedies which shall include but not be limited to including the filing of actions at law or in equity seeking damages and/or injunctive relief.
The Board of Supervisors/Borough Council hereby authorizes the Chairman of the Board of Supervisors/President of Borough Council to execute that certain intergovernmental agreement attached hereto as Exhibit A between all the municipalities comprising the membership of the Northern Montgomery County Recycling Commission which IMA sets forth the procedures and administration of the NMCRC.
Editor's Note: Exhibit A is on file in the Township offices.