[Ord. 270, 10/17/1990, § 1]
The short title of this Part shall be the Township of Richland
Municipal Waste Reduction and Recycling Ordinance, and the same may
be cited in that manner.
[Ord. 270, 10/17/1990, § 2]
The following words and phrases used throughout this Part shall
have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the Township to collect
recyclable materials from residences, or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Township to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes, and those multiple dwelling residential buildings containing
more than four dwelling units.
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.
Structural paper materials with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin coated food or beverage 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.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or Serve groups of people including,
but not limited to, hospitals, nursing homes, orphanages, day care
centers, schools and universities.
Includes but not be limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed material containing miscellaneous written pieces
published at fixed or varying intervals. Expressly excluded are all
other paper products of any nature whatsoever.
Properties having four or more dwelling units per structure.
Public facilities operated by the Township and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid semi-solid 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 from a municipal, commercial or institutional
water supply treatment plant or air pollution control facility. The
term does not include source-separated recyclable materials.
The Township of Richland.
Paper of the type commonly referred to as newsprint (i.e.
black and white) 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.
Owners, lessees, and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the Township may stipulate specific
types of plastic which may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Township
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 necessarily limited to,
clear glass, colored glass, aluminum, steel and bi-metallic cans,
high grade office paper, newsprint, corrugated paper, leaf waste,
plastics, and any other items selected by the Township or specified
in future revisions to Act 101. The recyclable materials selected
by the Township may be revised from time to time as deemed necessary
by the Township.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials.
Any occupied single or multi-family dwellings having up to
four dwelling units per structure for which the Township provides
municipal waste collection services.
Those materials separated at the point of origin for the
purpose of being recycled.
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
Resources for beneficial use.
[Ord. 270, 10/17/l990, § 3]
1.
The Township hereby establishes a Recycling Program for the mandatory
separation and collection of recyclable materials and the separation,
collection and composting of leaf waste from all residences and all
commercial, municipal and institutional establishments located in
the Township for which waste collection is provided by the Township
or any other collector.
2.
The element of the Township's recycling program shall include:
A.
Separation of recyclable materials by residences, storage and collection;
B.
Separation of recyclable materials by commercial, municipal and institutional
establishments and community activities, storage and collection;
C.
Separation of recyclable materials by multi-family housing properties,
storage and collection;
D.
Separation, collection and composting of leaf waste;
E.
A sustained public information and education program.
3.
Specific program regulations are provided as an attachment to this
Part, and as provided for in future resolutions of the Board of Supervisors.
[Ord. 270, 10/17/1990, § 4]
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this Part.
[Ord. 270, 10/17/1990, § 5]
1.
All persons who are residents of the Township or who own, lease,
control or act as agents regarding any real estate within the Township
shall separate all of those recyclable materials designated by the
Township from all other municipal waste produced at their homes, apartments
and other residential establishments, store such materials for collection,
and shall place same for collection in accordance with the guideline
established hereunder.
A.
Persons in residences must separate recyclable materials from other
ordinary municipal waste. Recyclable materials shall be placed at
the curbside in containers provided by the Township for collection
and transport to a recycling facility. Any containers provided to
residences for collection of recyclable materials shall be the property
of the Township and shall be used only for storage of recyclable materials.
Any resident who moves within or from the Township 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 Part.
B.
An owner, landlord, or agent of an owner or landlord of a multi-family
rental housing property with more than four units and commercial,
municipal and institutional establishments must comply with its recycling
responsibilities by establishing a collection system at each property.
The collection system must include: a) suitable containers for storing
and sorting the recyclable materials, b) easily accessible locations
for the containers, and c) written instruction to the occupants concerning
the use and availability of the collection system. If recyclable materials
are collected by a collector other than the Township or its authorized
agent, then the owners, landlords and the agents of owner or landlords
shall submit an annual report to the Township indicating the tonnage
of materials recycled during the previous year.
2.
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 comporting
of leaf waste. Persons are expressly prohibited from placing leaf
waste for disposal with ordinary household waste.
3.
Persons must separate high grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the Township generated at commercial, municipal and institutional
establishments and from community activities and store the recyclable
materials until collection. A person may be exempted from this paragraph
if that person submits documentation to the Township annually indicating
that the designated recyclable materials are being recycled in an
appropriate manner. If recyclable materials are collected by a collector
other than the Township or its authorized agent, occupants of said
establishments shall submit an annual report to the Township reporting
the tonnage of materials recycled during the previous year.
[Ord. 270, 10/17/1990, § 6]
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this Part shall, from time of placement at the curb, become the property of Township or the authorized collector, except as otherwise provided by § 308 of this Part. Nothing in this Part 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.
[Ord. 270, 10/17/1990, § 7]
It shall be a violation of this Part for any person, firm or
corporation, other than the Township or one authorized by the Board
of Supervisors 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 Township or an 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.
[Ord. 270, 10/17/1990, § 8]
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 Supervisors or other entity responsible for authorizing
collection of recyclable materials to make such a collection.
[Ord. 270, 10/17/1990, § 9]
Disposal by persons of recyclable materials with ordinary municipal
wastes is prohibited and shall be a violation of this Part. The collected
recyclable materials shall be taken to 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 Board of Supervisors, or their designee in writing.
[Ord. 270, 10/17/1990, 510; as amended by Ord. 278, 9/18/1991;
by Ord. 325, 7/3/1996; and by Ord. 336, 2/5/1997]
1.
The rules and regulations for the operation and enforcement of this
Part as deemed necessary, and as adopted by resolution of the Board
of Supervisors are, but are not limited to:
A.
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.
B.
Establishing collection procedures for recyclable materials.
C.
Establishing reporting procedures for amounts of materials recycled.
D.
Establishing procedures for the distribution, monitoring and collection
or recyclable containers.
E.
Establishing procedures and rules for the collection of leaf waste.
2.
Any persons, firm or corporation who shall violate the provisions
of this Part shall receive an official written warning of non-compliance
for the first and second offense. Thereafter all such violation shall
be subject to the penalties hereinafter provided.
3.
Any person who violates or permits a violation of this Part shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this Part that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. AO)]
4.
The Township reserves the right not to collect municipal waste containing
recyclable materials in combination with nonrecyclable materials.
[Ord. 270, 10/17/1990, § 11]
The Township may enter into (an) agreement(s) with public or
private agencies or firms to authorize them to collect all or part
of the recyclable materials from curbside.[1]
[1]
Editor's Note: Former Subpart B, Waste Reduction and Recycling
Program Regulations, adopted 10/17/1990 by Res. 18-1990, as amended,
which immediately followed this section, was excluded from the 2020
republication of the Code at the direction of the Township.
