[Ord. 338, 7/11/1990; as amended by Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Recycling
Ordinance."
[Ord. 338, 7/11/1990; as amended by Ord. 656, 4/9/2015]
All definitions listed in § 20-102 of the Solid Waste Ordinance [Chapter 20, Part 1] are hereby incorporated by reference into this Part and give the same meaning. The following words and phrases as used in this Part shall have the following meanings unless the context clearly indicates a different meaning:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, 53 P.S. § 4000.101 et seq.
Empty all-aluminum beverage or food containers.
Empty food or beverage containers consisting of steel, aluminum
and/or tin.
The entity or entities authorized by the MTMA to collect
designated recyclable materials from residences and other properties,
or authorized by multifamily housing properties, commercial, municipal
and institutional establishments and community activities that do
not receive collection services from the MTMA to collect designated
recyclable materials from those properties.
Those properties used primarily for commercial or industrial
purposes.
Events that are sponsored by public or private entities or
individuals including, but not limited to, fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer 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, community activities and
residences.
Those facilities that house or serve groups of people including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, airports, schools and universities.
Leaves, cuttings, trimmings and clippings from trees, bushes
and other plants, garden residues, chipped shrubbery and tree trimmings,
but not including grass clippings.
The regulations adopted from time to time by resolution of
the Board of Supervisors pursuant to the requirements of this Part
for the administration and enforcement of the collection of leaf waste
within the Township.
Any residential property having four or more dwelling units
per structure.
Public facilities operated by the Township, the MTMA and
other governmental and quasi-governmental entities.
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semi-solid or contained gaseous material,
resulting from operation of residences, multi-family housing properties,
municipal, commercial or institutional establishments and community
activities and any sludge not meeting the definition of residual or
hazardous waste in the Solid Waste Management Act, 35 P.S. § 6018.101
et seq., from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include recyclable materials designated
by the MTMA pursuant to this Part.
Paper of the type commonly referred to as "newsprint" 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.
Owners, lessees and occupants of residences, multi-family
housing properties, commercial, municipal and institutional establishments
and the sponsors of community activities.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the MTMA may stipulate specific types
of plastic which may be recycled.
Materials generated by residences, multi-family housing properties,
commercial, municipal and institutional establishments and community
activities which are designated by the MTMA pursuant to this Part
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 designated by the MTMA may include, but are not
limited to, clear glass containers, colored glass containers, aluminum
containers, steel and bimetal containers, high-grade office paper,
newspapers, corrugated paper, leaf waste, plastic containers and any
other items selected by the MTMA or specified in future revisions
to Act 101. The recyclable materials designated by the MTMA may be
revised from time to time as deemed necessary by the MTMA Board of
Directors through the recycling regulations.
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.
The regulations adopted from time to time by resolution of
the MTMA Board of Directors pursuant to the requirements of this Part
for the administration and enforcement of the collection of recyclable
materials within the Township.
Any occupied single-family or multi-family dwellings having
fewer than four dwelling units per structure for which the MTMA or
its designee provides municipal waste collection service.
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 recyclable materials designated
by the MTMA or materials approved by the DEP for beneficial use.
[Ord. 338, 7/11/1990; as amended by Ord. 656, 4/9/2015]
1.
The Township hereby establishes a recycling program for the mandatory
separation and collection of designated recyclable materials and the
separation, collection and composting of leaf waste from all residences,
multi-family housing properties, commercial, municipal and institutional
establishments and community activities located in the Township.
2.
The Moon Township Municipal Authority (MTMA) shall be the designated
representative of the Township for providing for the collection of
designated recyclable materials from all residences in the Township.
The MTMA may contract with a private collector or collectors to provide
this essential residential collection service.
3.
Collection of designated recyclable materials shall be made at least
once per month by the MTMA, its designated agents and any other municipal
waste collectors operating in the Township and authorized to collect
designated recyclable materials from multi-family housing properties,
commercial, municipal and institutional establishments and community
activities.
4.
The recycling program shall also contain a sustained public information
and education program.
[Ord. 338, 7/11/1990; as amended by Ord. 656, 4/9/2015]
Specific recycling program rules and regulations may be adopted from time to time by resolution of the MTMA Board of Directors and, upon said adoption, shall be incorporated herein as part of this Part. The MTMA is empowered to make changes to the recycling regulations as necessary, as described in § 20-211, Subsection 1, upon approval of the MTMA Board of Directors and public notice and notification of all affected parties.
[Ord. 338, 7/11/1990; as amended by Ord. 656, 4/9/2015]
All persons in the Township shall separate all recyclable materials
designated by the MTMA in the recycling regulations from all other
municipal waste, and store such materials for collection, and shall
place the same for collection in accordance with the guidelines in
this Part and the recycling regulations.
A.
Residences.
(1)
Separation. All persons residing in residences must separate
recyclable materials designated in the recycling regulations from
other municipal waste. These designated recyclable materials shall
be placed at curbside in the containers provided or designated by
the MTMA for collection. Collection shall occur on the same day of
the week as the resident's normal collection day for municipal
solid waste as set from time to time by the MTMA. With the exception
of collection days when the containers are placed out for collection,
the containers shall be properly stored on the owner's or customer's
premises at all times.
(2)
Containers. The MTMA shall provide the occupants of each dwelling
unit from which the MTMA provides collection services with one container,
duly numbered to the extent necessary and appropriate for identification
purposes, and designated as a container for the sole purpose of storing
recyclable materials. The container shall remain the property of the
MTMA. Any occupant of a residence who moves within or from the Township
shall be responsible for returning the recycling container(s) to the
MTMA. Replacement cost of containers will be specified by resolution
of the MTMA Board of Directors. Use of recycling containers for any
purpose other than the recycling provisions of this Part and amendments
hereto, or use of recycling containers by any person other than the
occupants of the residence allocated each such container or intentional
damage or destruction of such container shall be a violation of this
Part.
B.
Multi-family Housing Property.
(1)
An owner, landlord or agent of an owner or landlord of a multi-family
housing property with the Township shall comply with its recycling
responsibilities by establishing a collection system at each property.
The collection system must include suitable containers for collecting
and sorting the recyclable materials designated in the recycling regulations,
easily accessible locations for the recycling containers and written
instructions to the occupants concerning the use and availability
of the collection system. Owners, landlords and agents of owners or
landlords who comply with this Part shall not be liable for noncompliance
of occupants of their buildings.
(2)
If designated recyclable materials are collected by a collector
other than the MTMA or its authorized agents, the owners, landlords
and agents of owners or landlords of multi-family housing properties
shall submit an annual report to the MTMA reporting the tonnage of
materials recycled during the previous year in the form, time and
manner specified in the recycling regulations.
C.
Commercial, Municipal and Institutional Establishments.
(1)
Persons must separate high-grade office paper, aluminum containers
and corrugated paper and such other recyclable materials as may be
designated in the recycling regulations generated at commercial, municipal
and institutional establishments and community activities and store
the designated recyclable materials until collection. A person may
be exempted from this subsection if that person submits documentation
to the MTMA annually in the form, time and manner specified in the
recycling regulations indicating that the designated recyclable materials
are being recycled in an appropriate manner.
(2)
If designated recyclable materials are collected by a collector
other than the MTMA or its authorized agents, occupants of commercial,
municipal and institutional establishments and the sponsors of community
activities shall submit an annual report to the MTMA reporting the
tonnage of materials recycled during the previous year, in a form,
time and manner specified in the recycling regulations.
D.
All persons must separate leaf waste from other municipal waste generated
at residences, multi-family housing properties, commercial, municipal
and institutional establishments and community activities for collection
as required by the leaf waste regulations, unless those persons have
otherwise provided for composting of leaf waste.
[Ord. 338, 7/11/1990; as amended by Ord. 656, 4/9/2015]
All designated recyclable materials placed by persons for collection by the Township, the MTMA or collectors authorized pursuant to this Part shall, from time of placement at curbside, become the property of the Township, the MTMA or the authorized collector, whichever is responsible for the collection of the specific recyclable material under this Part as the case may be, except as otherwise provided by § 20-208 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. 338, 7/11/1990; as amended by Ord. 656, 4/9/2015]
It shall be a violation of this Part for any person, other than
the Township, the MTMA or collectors authorized to collect designated
recyclable materials pursuant to this Part, to collect designated
recyclable materials placed at residences, multi-family housing properties,
commercial, municipal and institutional establishments and community
activities for collection by the Township, the MTMA or an authorized
collector unless such person has prior written permission to make
such collection from the owner and from the MTMA Manager related to
recyclable materials and the Township Manager for leaf waste. Each
unauthorized collection from each property on each day shall constitute
a separate and distinct offense punishable as hereinafter provided.
[Ord. 338, 7/11/1990; as amended by Ord. 656, 4/9/2015]
Any residence, multi-family housing property, commercial, municipal
or institutional establishment or community activity may donate or
sell designated recyclable materials to any person, firm or corporation,
whether operating for profit or not, engaged in the business of recycling
on or before September 26, 1988, provided that the receiving person,
firm or corporation shall not collect such recyclable materials from
the collection point of a residence, multi-family housing property,
commercial, municipal or institutional establishment or community
activity without prior written notification to and written consent
from the MTMA Manager.
[Ord. 338, 7/11/1990; as amended by Ord. 356, 7/10/1991;
and by Ord. 656, 4/9/2015]
Disposal by persons of designated recyclable materials with
municipal waste is prohibited and shall be a violation of this Part.
The collected designated recyclable materials shall be taken to a
recycling facility. Disposal by collectors or operators of recycling
facilities of source-separated recyclable materials generated from
properties in the Township is prohibited in landfills, or to be burned
in incinerators.
[Ord. 338, 7/11/1990; as amended by Ord. 656, 4/9/2015]
The MTMA may enter into agreements with public or private agencies
or firms to authorize them to collect all or part of the designated
recyclable materials other than leaf waste from curbside. The Township
may enter into agreements with public or private agencies or firms
to authorize them to collect all or part of the leaf waste generated
in the Township.
[Ord. 338, 7/11/1990; as amended by Ord. 656, 4/9/2015]
1.
The MTMA Board of Directors is hereby authorized and directed to
promulgate and/or amend recycling regulations for the operation and
enforcement of this Part as deemed necessary including, but not limited
to:
A.
Designating recyclable materials to be separated for collection and
recycling by residences, multi-family housing properties, commercial,
municipal and institutional establishments and community activities.
B.
Establishing collection procedures for designated recyclable materials.
C.
Establishing reporting procedures for amounts of materials recycled.
D.
Establishing procedures for the designation, distribution, monitoring
and collection of recyclable containers.
2.
The Board of Supervisors shall promulgate separate leaf waste regulations.
3.
The Township and the MTMA reserve the right not to collect municipal
waste containing designated recyclable materials in combination with
nonrecyclable materials.
[Ord. 338, 7/11/1990; as added by Ord. 656, 4/9/2015]
1.
The MTMA may, be resolution adopted from time to time, impose a service
charge and other fees on each separate unit within the Township for
the services provided by the MTMA under this Part.
2.
The Board of Supervisors may, by resolution adopted from time to
time, impose a service charge and other fees on each separate unit
within the Township for the services provided by the Township under
this Part.
[Ord. 338, 7/11/1990; as amended by Ord. 414, 4/13/1994,
§ 172-39; by Ord. 449, 6/19/1996; by Ord. 460, 4/9/1997;
and by Ord. 656, 4/9/2015]
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the authorized designee of the Township Manager, and to
any other officer or agent that the Township Manager or the Board
of Supervisors shall deem appropriate.
