A.
The municipality 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 municipality for which waste collection is provided by the municipality
or any other collector. Collection of the recyclable materials shall
be made at least once per month by the municipality, its designated
agent, or any other solid waste collectors operating in the municipality
and authorized to collect recyclable materials from residences or
from commercial, municipal and institutional establishments. The recycling
program shall also contain a sustained public information and education
program.
B.
This article is ordained pursuant to the authority granted to Townships
by the Second Class Township Code of the Commonwealth of Pennsylvania.
(See 53 P.S. § 55107 et seq.)
A.
All persons who are residents of the municipality shall separate
all of those recyclable materials designated by the municipality 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 following
requirements:
(1)
Persons in residences must separate recyclable materials from other
municipal waste. Recyclable materials shall be placed at the curbside
in containers provided by the municipality for collection. Any containers
provided to residences for collection of recyclable materials shall
be the property of the municipality and shall be used only for the
collection of recyclable materials. Any resident who moves within
or from the municipality shall be responsible for returning the allocated
container to the municipality or shall pay the replacement cost of
said container. 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 to such container shall
be a violation of this article.
(2)
An owner, landlord, manager or agent of an owner, landlord or manager
of a multifamily housing property with more than four units may 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, easily accessible
locations for the containers, and written instructions to the occupants
concerning the use and availability of the collection system. Owners,
landlords, managers and agents of owners, landlords or managers who
comply with this article shall not be liable for noncompliance of
occupants of their buildings.
(3)
If recyclable materials are collected by a collector other than the
municipality or its authorized agent, owners, landlords, and agents
of owners or landlords, shall submit an annual report to the municipality
reporting the tonnage of materials recycled during the previous year.
This requirement may be fulfilled by submission of a letter or form
from the collector which certifies that recyclable materials are being
collected from the multifamily housing property.
B.
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 composting
of leaf waste.
C.
Persons must separate high-grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the municipality generated at commercial, municipal and institutional
establishments and from community activities and store the recyclable
materials until collection. In addition to the above:
(1)
Submit, at a minimum, an annual recycling report to the governing
body of the municipality. The report shall document the amount of
the municipal waste generated per year as well as the type and weight
of materials that were recycled in the previous calendar year. Valid
documentation shall include information from an end-use, recycler
or waste hauler which describes the type and weight of each recyclable
material that was collected and marketed. Documentation may be in
the form of one of the following:
(a)
Copies of weight receipts or statements which consolidate such
information;
(b)
A report from the collector of recycling collection services
which identifies the amount of each material collected and marketed;
the type and weight of recyclables generated by an individual establishment
may be approximated based on a representative sample of its source-separated
materials;
(c)
A report from the collector of waste collection services that identifies the type and weight of each recyclable material collected and marketed in cases where recyclables are commingled with the establishment's waste; the type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its waste. For Subsection C(1)(b) and (c), where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.
D.
All employees, users (patrons), and residents of commercial, municipal
and institutional establishments must be informed of the recycling
program. The education program should describe the program's
features and requirements and should include, at a minimum, an annual
program meeting and an orientation to the program upon the arrival
of a new employee or resident. Receptacles should be clearly marked
with the recycling symbol and the type of recyclable material that
is to be placed in the receptacle, and signs should be prominently
displayed stating the requirements of the program.
All recyclable materials placed by persons for collection by the municipality or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the municipality or the authorized collector, except as otherwise provided by § 70-17 of this article. Nothing in this article 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.
It shall be a violation of this article for any person, firm
or corporation, other than the municipality 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 municipality 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 residence or commercial, municipal and
institutional establishments on one calendar day shall constitute
a separate and distinct offense punishable as hereinafter provided.
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.
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this article. The collected recyclable
materials shall be taken to a 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 Township Manager or his designated agent in writing.
A.
The Township Manager or his designated agent is here-by authorized
and directed to make reasonable rules and regulations for the operation
and enforcement of this article, as deemed necessary, including but
not limited to:
(1)
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.
(2)
Establishing collection procedures for recyclable materials.
(3)
Establishing reporting procedures for amounts of materials recycled.
(4)
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
(5)
Establishing procedures and rules for the collection of leaf waste.
B.
Any person, firm or corporation who shall violate the provisions
of this article shall receive an official written warning of noncompliance
for the first and second offenses. Thereafter, all such violations
shall be subject to the penalties hereinafter provided.
C.
Except as hereinafter provided, any person, firm or corporation who
shall violate any of the provisions of this article shall, upon conviction,
be sentenced to pay a fine of not less than $100 nor more than $300
and costs of prosecution for each and every offense.
The municipality may enter into agreements with public or private
agencies or firms to authorize them to collect all or part of the
recyclable materials from curbside.
The municipality may, from time to time, modify, add to or to remove from the standards and regulations herein and as authorized in § 70-20.
This article shall take effect upon adoption of this ordinance
and shall remain in full force and effect after this date.
