[HISTORY: Adopted by the Board of Supervisors of the Township
of Towamencin 4-25-2007 by Ord. No. 07-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 54.
Littering — See Ch. 93.
Property maintenance — See Ch. 117.
[1]
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."
A.Â
ACT 97
ACT 101
ALUMINUM
BIMETAL CANS
BULK ITEMS
BUSINESS(ES)
CORRUGATED PAPER
DEP
GLASS
GRASS CLIPPINGS
HIGH-GRADE OFFICE PAPER
HOUSEHOLD HAZARDOUS WASTE
IMA
LANDLORD(S)
LEAF WASTE
MAGAZINES AND PERIODICALS
MIXED PAPER
MUNICIPALITY
MUNICIPAL WASTE
MUNICIPAL WASTE COLLECTOR(S)
NEWSPAPER
NORTHERN MONTGOMERY COUNTY RECYCLING COMMISSION (NMCRC)
PARTICIPATING MUNICIPALITIES
PERSON or ENTITY
PLAN or COUNTY PLAN
PLASTIC CONTAINERS
RECYCLABLE MATERIALS
RECYCLING COLLECTOR
RECYCLING PROCESSORS
RENTAL AGENT(S)/PROPERTY MANAGERS
RESIDENT(S)
YARD WASTE
As used in this chapter, the following terms shall have the meanings
indicated:
The Solid Waste Management Act of 1980.[1]
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[2]
Empty, all-aluminum beverage and food containers, commonly
known as "aluminum cans."
Empty food or beverage containers constructed of a mixture
of ferrous metal, usually steel, and nonferrous metal, usually tin.
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.
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.
The material bagged or raked during or after cutting of a
lawn, field or similar grassed area.
All types of high-grade, white or colored paper, bond paper
and computer paper used in commercial, institutional, business, office
and municipal establishments.
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.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but does not include grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Such matter typically has a gloss or
shine added to the paper. Expressly excluded are all other paper products
of any nature whatsoever.
All types of paper combinations, such as colored paper, carbonless
forms, ledger paper, colored paper envelopes, mixtures of high-grade
office paper and the like.
Towamencin Township.
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.
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.
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.
Those municipalities which have executed the intermunicipal
agreement (IMA).
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.
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.
Empty plastic food and beverage containers. Due to the large
variety of plastics, the recycling regulations will stipulate the
specified types of plastics that may be recycled.
Materials generated by a person or entity which can be separated
from municipal waste and returned to commerce to be reused as a resource
in the development of useful products. Materials which may be recycled
include, 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.
A municipal waste collector engaged in the collection, removal,
transportation or hauling of recyclable materials.
Entities which receive recyclable materials, separate recyclable
materials from nonrecyclable residue and market the separated recyclable
materials for reuse or remanufacture.
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.
Twigs, shrub trimmings, small branches and like vegative
matter.
B.Â
All terms not separately defined in this article that are contained
in Act 97 and Act 101 are incorporated herein by reference.
A.Â
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.
B.Â
This article has been developed to meet and implement municipal responsibilities
established under Act 101.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
C.Â
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]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
A.Â
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.
B.Â
Commercial establishments will be required to separate and recycle
the following: corrugated paper, high-grade office paper, aluminum
cans and yard waste.
C.Â
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.
D.Â
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]
A.Â
Reporting and recordkeeping requirements.
(1)Â
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.
(2)Â
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.
(3)Â
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.
B.Â
Collection, processing, marketing and reporting requirements.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
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.
(7)Â
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.
(8)Â
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.
A.Â
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:
(1)Â
Ongoing determination of the list of recyclable materials for the
NMCRC municipalities.
(2)Â
Development and implementation of joint education programs, including
the placement of newspaper ads, website pages and other appropriate
media.
(3)Â
Preparation of information for municipality newsletters.
(4)Â
Development and implementation of reporting forms and grant applications
and the filing of such forms and applications with the appropriate
agencies.
(5)Â
Preparation of informational sheets for municipal waste collectors;
promulgation of rules and regulations pertaining to the recycling
program.
(6)Â
Authorization for the NMCRC solicitor to seek enforcement against
violations of this chapter as specified herein.
B.Â
Intermunicipal agreement.
(1)Â
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.
(2)Â
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:
(a)Â
The NMCRC shall develop, implement and maintain a recycling
program for the municipalities comprising the NMCRC.
(b)Â
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.
(c)Â
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.
(d)Â
The NMCRC shall be authorized to enforce the IMA and select
municipal ordinances enacted pursuant to the IMA.
(e)Â
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.
(3)Â
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:
(a)Â
The conditions of agreement are set forth in the IMA.
(b)Â
The duration of the term of the IMA is set forth in §§ 913
and 914 of the IMA.
(c)Â
The purpose of the IMA is to cooperate with the NMCRC and other
participating municipalities in developing, implementing and maintaining
a recycling program.
(d)Â
The organizational structure necessary to implement the agreement
is set forth in the IMA, with which the member municipalities shall
cooperate.
(e)Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
A.Â
Each municipal waste collector shall provide leaf waste collection
service during the fall of each year.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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[1] 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.
[1]
Editor's Note: Exhibit A is on file in the Township offices.