[Adopted 8-3-2010 by Ord. No. 207]
This article shall be known as the "Perkiomen Township Recycling
and Solid Waste Disposal Ordinance."
As used in this article, the following terms shall have the
meanings given in this section:
Empty aluminum beverage and food containers, commonly known
as "aluminum cans."
Empty food or beverage containers constructed of a mixture
of ferrous metal, usually tin or steel, and nonferrous metal, usually
aluminum.
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.
Any establishment which engages in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
Events sponsored in whole or in part by Perkiomen Township
or conducted within Perkiomen Township and sponsored privately, which
include, but are not limited to, fairs, bazaars, socials, picnics
and organized sporting events that will be attended by 200 or more
individuals per day.
Paper products made of a stiff moderately thick paper board,
containing folds or alternating ridges, commonly known as "cardboard."
County of Montgomery, Pennsylvania.
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 white paper, bond paper and computer paper used
in residential, office, commercial, institutional and municipal establishments.
Any material or substance which, by reason of its composition
or characteristics, is:
Special nuclear or by-product materials within the meaning of
the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq.,
and any replacement, amendment, expansion or supplement thereto, and
any rules, regulations or policies thereunder; and
Any other material that any governmental agency or unit having
appropriate jurisdiction shall determine from time to time is harmful,
toxic or dangerous, or otherwise ineligible for disposal in the landfill.
As defined in the Solid Waste Management Act of July 7, 1980
(P.L. 380, No. 97),[2] including, but not limited to, pesticides, certain paints,
cleaning agents, and automotive products.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including, but not
limited to, municipal buildings, hospitals, nursing homes, orphanages,
schools and universities.
Any individual or organizational owner who rents and/or leases
residential units, commercial space or industrial complex(es). Landlords
own the property in question and deal directly, or through rental
agents, with their tenants or lessees.
Leaves, garden residue, shrubbery and tree trimmings and
similar materials, but not including 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, envelopes, mixtures of high-grade office paper
and the like.
The Township of Perkiomen, Montgomery County, Pennsylvania.
Any garbage, refuse, industrial lunchroom or office waste
and 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 from a municipal, commercial
or institutional water supply treatment plant, wastewater treatment
plant or air pollution control facility. The term does not include
source-separated recyclable materials.
Any person collecting, removing or transporting municipal
waste and/or recyclable materials for owners or occupants of property
in Perkiomen Township, and any commercial, industrial or institutional
property within Perkiomen Township that generates municipal waste
or recyclable materials. All municipal waste collectors shall be registered
in Perkiomen Township.
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.
Empty plastic food and beverage containers.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency (including, but
not limited to, the Department of General Services and the State Public
School Building Authority), or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. The term
"person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
Those materials specified by Perkiomen Township for collection
in accordance with this article, and any recycling regulations which
may be promulgated from time to time. Such material may include, but
shall not be limited to, aluminum cans; clear and colored glass containers;
tin, steel and bimetal cans; clear and colored No. 1 and 2 plastic
containers; high-grade office paper; mixed paper; and newspaper; magazines;
and corrugated paper. The list of "recyclable materials" may be changed
from time to time by resolution of the Board of Supervisors of Perkiomen
Township.
A container provided by the municipal waste collector, made
of rigid plastic construction and identified as such. All such containers
shall also have the municipality's name, i.e., "Perkiomen Township,"
prominently displayed.
Any individual or organization who 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 and deal directly with tenants or lessees on behalf of the
owner.
Any person who owns, leases or occupies a property located
in Perkiomen Township used as a residence.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term shall
not include coal refuse as defined in the Act of September 24, 1968
(P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[3] The term shall not include treatment sludges from coal
mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean
Streams Law."[4]
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.[5]
A.
All municipal waste collectors shall, in addition to providing refuse
collection and disposal services, also provide for the curbside collection
of recyclable materials. The municipal waste collector shall provide
recyclable collection no less often than once every two weeks.
B.
All municipal waste collectors shall submit a schedule to Perkiomen
Township. This schedule shall be submitted to Perkiomen Township at
the beginning of each year. Any changes made to the schedule during
the year shall be submitted to the Perkiomen Township.
C.
All municipal waste collectors shall keep records of the quantities
of recyclable materials collected in Perkiomen Township. The records
shall include the weight (in tons) of each recyclable material and
should be separated by residential and commercial collection.
D.
All municipal waste collectors shall maintain all records regarding
recycling. The records shall include tonnage from each leaf waste
collection and provide weight slips/receipts from a PADEP-approved
composting facility. All municipal waste collectors shall complete
and submit an annual municipal waste and recycling report on or before
the 15th day of January each year.
E.
All municipal waste collectors shall record and annually report the
amount of leaf waste collected.
F.
All municipal waste collectors operating in the Township of Perkiomen
shall collect leaf waste twice per year. The first pickup shall be
in the spring (March through June) and the second pickup shall be
in the fall (September through December). The specific dates of collections
shall be determined by the municipal waste collectors and shall be
communicated to their respective customers. All municipal waste collectors
shall be required to provide Perkiomen Township with a complete schedule
of these pickups.
A.
All residents in Perkiomen Township shall separate recyclable materials
from all municipal waste generated at their properties. The recyclable
materials shall be placed in separate reusable recyclable containers
provided by the municipal waste collector. All residents in Perkiomen
Township shall contract with a municipal waste collector to collect
recyclable materials/solid waste.
B.
All residents in Perkiomen Township shall recycle the following items
from municipal waste generated at the property: clear glass, colored
glass, newspaper, magazines, corrugated paper, aluminum, steel and
bimetal cans and No. 1 PET and No. 2 HDPE plastics.
C.
All residents shall place their recyclable materials in containers
provided by the municipal waste collector. A municipal waste collector
shall also provide containers or dumpsters for recyclable materials
where individual residential refuse collection does not occur (e.g.,
multifamily residential units, such as apartments or condominiums).
The preparation for collection of municipal waste and recyclable materials
shall be made in accordance with the instructions provided by the
municipal waste collector.
D.
All residents are required to separate leaf waste from all municipal
waste and recyclable materials. All residents shall place the leaf
waste in biodegradable paper bags. The municipal waste collector shall
not pick up any leaf waste in plastic bags or other nonbiodegradable
containers. In addition to the collection of leaf waste by the municipal
waste collectors, Perkiomen Township residents may drop off leaf waste
monthly at a location designated by Perkiomen Township. The dropped-off
leaf waste shall be in biodegradable bags. The designated location
will be identified on the Perkiomen Township website, or residents
may call the Township to get the location. Nothing in this article
shall require a resident or person to rake, collect or gather their
leaves, nor prevent a resident or person from using their leaves as
part of a residential backyard composting area.
E.
Collection of recyclable materials from the residents shall be once
every two weeks on a schedule approved by Perkiomen Township. Whenever
possible and practical, the collection of recyclables shall be on
a regular trash pickup day. All recyclable containers shall be placed
at the curb or the edge of the front yard and the edge of the road
at the front of the property. Newspapers, magazines and corrugated
paper shall be bundled and tied with rope or cord. Newspapers and
magazines may be placed in paper bags (not plastic bags). No recyclable
container, including bundles of newspaper, shall exceed 50 pounds.
F.
All residents shall be responsible for separating household hazardous
waste from the recyclable materials and other municipal waste. It
is the responsibility of the resident to dispose of household hazardous
waste in accordance with the PADEP Regulations. All residents may
do this by using the Montgomery County Household Hazardous Waste Program.
This program establishes household waste collection events during
the year. Identification of these collection Events can be found on
the Montgomery County website (www.montgomerycountyrecycles.org) or
the Perkiomen Township website. Such hazardous waste shall not be
commingled or otherwise included with any municipal waste or recyclable
materials.
G.
Owners or landlords of any multifamily residential unit with four
or more units, such as apartments or condominiums, 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. Owners or landlords of multifamily
residential units shall provide written instructions to the occupants
concerning the use and availability of such containers and dumpsters.
Owners and landlords of multifamily residential units who comply with
these requirements shall not be held liable for the noncompliance
of any person 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 materials and
placing them in the containers or dumpsters provided for such purposes.
A.
All persons occupying commercial, institutional and municipal establishments
within Perkiomen Township shall separate the following: high-grade
office paper, newspaper, magazines and corrugated paper, aluminum
cans, leaf waste and such other materials that may be changed from
time to time by resolution of the Board of Supervisors of Perkiomen
Township. Written documentation and certification of the amounts recycled
shall be submitted to Perkiomen Township. Such persons may comply
with the reporting requirements by requiring their municipal waste
collector to provide said documentation and certification directly
to the Township.
B.
The organizer of any activity, event or function in Perkiomen Township
that draws 200 persons or more shall also be required to recycle the
following: aluminum cans, No. 1 PET and No. 2 HDPE plastics, clear
glass and colored glass. Written documentation and certification of
the amounts recycled shall be submitted to Perkiomen Township. The
reporting requirements may be complied with by requiring the municipal
waste collector to provide said documents and certification directly
to the Township.
C.
Restaurants and taverns shall recycle the following: newspaper, corrugated
paper, aluminum cans, steel and bimetallic cans, clear glass, colored
glass, No. 1 PET and No. 2 HDPE plastics. Written documentation and
certification of the amounts recycled shall be submitted to Perkiomen
Township. The reporting requirements may be complied with by requiring
their municipal waste collector to provide said documents and certification
directly to the Township.
A.
No person shall place municipal waste or any hazardous waste in the
containers intended for separation and collection of recyclable materials.
B.
No person shall place recyclable materials or any hazardous waste
in any container intended for the separation and collection of municipal
waste.
C.
No person shall place containers for municipal waste or recyclable
materials at the curb or in the front yard of any lot except during
the period beginning at 6:00 p.m. prevailing time on the day prior
to a scheduled collection and ending at midnight on the day of a scheduled
collection.
D.
No municipal waste collector shall mix any municipal waste with the
required separated recyclable material or leaf waste collected. Failure
to provide lawful disposition of any municipal waste, recyclable materials,
or leaf waste collected in accordance with this article and any federal,
state or local law and/or regulation may be grounds for the suspension
and revocation of the collector's registration or denial of its
registration renewal.
E.
No resident or person shall burn any recyclable material, leaf waste
or municipal waste.
A.
It shall be unlawful for any person to violate or to cause or assist
in a violation of any provision of this article or to violate or to
cause or assist in the violation of any rule, regulation or resolution
promulgated by the Board of Supervisors pursuant to this article.
In addition to the penalties set forth below, any such conduct shall
also constitute a public nuisance.
B.
Any person who violates any provision of this article shall receive
an official written warning of noncompliance from Perkiomen Township
for the first offense. Thereafter, any violation of any provision
of this article 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 article that is violated
shall also constitute a separate offense.[1]
