[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Paxton 12-5-2023 by Ord. No. 23-05[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 165,
Solid Waste, adopted 11-16-2021 by Ord. No. 21-08.
This article shall be known as and may be cited as the "Lower
Paxton Township Hazardous Waste Disposal Ordinance."
The various acts, rules and regulations regulating the collection
and disposal of hazardous waste adopted and/or promulgated from time
to time by the United States of America and the Commonwealth of Pennsylvania,
whether now or in force or hereafter adopted or promulgated, are incorporated
herein and made a part hereof by reference thereto.
In the event that the real or apparent conflict exists between
the language of this article or regulations adopted hereunder, the
federal or state legislation, rules or regulations, it is hereby declared
that any such conflict shall be resolved by enforcing the most restrictive
legislation, rule or regulation, it being the intent of the Board
of Supervisors to limit the dumping of hazardous waste in the most
restrictive manner possible, to minimize the expense of operating
the Township landfill and assure compliance with both state and federal
regulations.
No collector of refuse or hazardous waste contracted under Lower
Paxton Township shall dispose thereat any waste determined by the
United States Environmental Protection Agency or the Pennsylvania
Department of Environmental Protection to be a hazardous waste requiring
special notification, record keeping or reporting requirements pursuant
to the regulations adopted by the United States Environmental Protection
Agency as set forth in 40 CFR, Part 261, adopted under the authority
of the Resource Conservation and Recovery Act of 1976, as amended,
or any amendments or supplements thereto.
All collectors of refuse and/or hazardous waste in Lower Paxton
Township shall supply the Lower Paxton Township Manager with a list
of all commercial or institutional establishment customers and their
addresses for whom they collect and dispose of refuse. Such a list
shall be supplied within 30 days of the effective date of this article.
Furthermore, at the same time, they shall advise the Lower Paxton
Township Manager of their method of identifying and isolating hazardous
waste from nonhazardous waste disposed of that has been collected
within the limits of Lower Paxton Township and their location and
method of disposal of any hazardous waste collected by them.
Any commercial and/or institutional enterprise, hospital or
school generating waste within Lower Paxton Township, which waste
has been determined by the United States Environmental Protection
Agency or the Pennsylvania Department of Environmental Protection
to be a hazardous waste requiring special notification, record keeping
or reporting requirements pursuant to the regulations adopted by the
United States Environmental Protection Agency under the authority
of the Resource Conservation and Recovery Act of 1976, as amended,
shall supply Lower Paxton Township such waste from nonhazardous waste,
and the method and location of disposal. Such notification shall be
made within 60 days after the effective date of this article, or within
five days of the date they first begin generating such waste, whichever
last occurs.
Any generator or transporter of hazardous waste, or anyone who
owns or operates a facility for treating, sorting or disposing of
hazardous waste, who is required to notify the Environmental Protection
Agency of their activity pursuant to the regulations adopted under
§ 3001 of the Resource and Recovery Act of 1976, as amended,
shall also file a duplicate copy of any such notification with the
Lower Paxton Township Manager.
All definitions relating to the enforcement of this article
shall be as set forth in the U.S. Environmental Protection Agency
regulations or the Resource Recovery Conservation Act of 1976, and
any subsequent amendments thereof. References herein to specific parts
or sections shall include the successor parts or sections if renumbered
or amended.
In the event the United States Environmental Protection Agency
regulations shall be deemed to include the disposal of sewage sludge
from sewage treatment plants operated by a municipality or municipal
authority, such municipality or municipal authority may be exempted
from the provisions of this article upon submitted evidence satisfactory
to the Board of Supervisors of Lower Paxton Township that such disposal
is in the best interest of the Township residents, after taking into
consideration the cost of alternate methods of disposal, the additional
cost related to such disposal, and such other factors as the Board
of Supervisors deems to be relevant and appropriate in making such
a determination.
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine or not more than $1,000, plus costs,
and, in default of payment of said fine and costs, to a term of imprisonment
no to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
A.Â
Short title. This article shall be known as the "Lower Paxton Township
Municipal Solid Waste and Recycling Ordinance."
B.Â
Purpose. The purpose of this article is to provide for the health,
safety, and welfare of the residents of the Township of Lower Paxton
by regulating the collection, storage, transportation, removal, dumping,
deposit, disposal, and recycling of solid waste by:
(1)Â
Instituting a comprehensive solid waste management program.
(2)Â
Establishing a mandatory recycling program pursuant to the requirements
of the Municipal Waste Planning, Recycling and Waste Reduction Act,
the Act of July 28, 1988, P.L. 556, Act No. 101, as amended, 50 P.S.
§ 4000.1501 et seq.
(3)Â
ALUMINUM CANS
AUTHORIZED COLLECTOR
BULK WASTE
COMMERCIAL ESTABLISHMENTS
COMMUNITY EVENTS
CONSTRUCTION AND DEMOLITION WASTE
CORRUGATED CARDBOARD
DWELLING UNIT
EXCLUSIVE CONTRACT
GLASS
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
NEWSPAPER
PERSON
PLASTIC BOTTLES
RECYCLABLES/RECYCLABLE MATERIALS
RECYCLING
RESIDENTIAL MUNICIPAL WASTE
RESIDENTIAL UNIT
RESIDUAL WASTE
SOLID WASTE
STEEL CANS
TOWNSHIP
YARD WASTE
Definitions. The following words and phrases when used in this article
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
Clean, nonaerosol and empty all-aluminum beverage and food
containers.
A person, firm, or corporation licensed, registered, or contracted
by Lower Paxton Township to handle municipal waste and/or recyclables
in accordance with the provisions of this article.
Items of solid waste which, due to their size, shape, or
weight, cannot be collected as part of the normal weekly municipal
waste collection and, therefore, require special handling. For example,
large household appliances such as stoves and refrigerators, plumbing
fixtures, furniture, large crates, tools, machinery, or parts thereof,
and similar items shall be considered bulk waste.
Any establishment engaged in a nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
Events 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, regardless of the length of time
of the event.
Lumber, roofing material, sheathing, rubble, broken concrete
macadam, plaster and brick, conduit, pipe, insulation, and other material
which results from a construction, demolition, or remodeling process.
Paper boxes constructed in a corrugated manner and used as
containers for business and consumer applications.
Any room or group of rooms located within a building and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking, and eating by one
family.
An agreement entered by Lower Paxton Township with a private
person or corporation for the collection and disposal of all municipal
waste and/or recyclables within the Township of Lower Paxton to the
extent provided by this article and the agreement.
Plain, uncolored, or colored glass bottles and jars. Expressly
excluded from the definition of glass are blue glass, lead crystal,
porcelain, ceramic products and tempered or plate glass.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities. This definition shall also include apartment buildings
and apartment complexes owned and operated by institutional establishments
if the institutional establishment charges rental fee for the dwelling
unit.
Any garbage, refuse, industrial, lunchroom or office waste
and any other material including solid waste, liquid, semisolid or
contained gaseous materials resulting from the 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, the Act of July
1, 1980, P.L. 380, Act No. 97, as amended, 35 P.S. § 6018.101
et seq., from a municipal, commercial or institutional water supply
treatment plant, waste water treatment plant or air pollution control
facilities. The term does not include source-separated materials (Municipal
Waste Planning, Recycling and Waste Reduction Act).
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinion, and containing
advertisements and matters of public interest, excluding magazines.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Empty and clean consumer product containers made of polyethylene
terephthalate (PET), polypropylene (PP), high-density polyethylene
(HDPE) and low-density polyethylene (LDPE) most commonly, but not
limited to, plastic bottles used as containers for soda, milk, and
other consumer food products or for household cleaning products or
for personal care products.
Those materials specified by Lower Paxton Township for separation,
collection, processing, recovery, or reuse as part of a recycling
program.
The program or system of separation, collection, processing,
recovery, or reuse of recyclables.
Municipal solid waste, as herein defined, is generated at
a dwelling unit.
See "dwelling unit."
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 Coal Refuse Disposal Control
Act, the Act of September 24, 1968, P.L. 1040 § 318, as
amended, 52 P.S. § 30.51 et seq. The term shall not include
treatment sludge 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 Clean Streams Law, the Act of
June 22, 1987, P.L. 1987, NO 394, as amended, 35 P.S. § 691.1
et seq. (Municipal Waste Planning, Recycling and Waste Reduction Act).
Any waste including, but not limited to, municipal residual
or hazardous waste, including solid, liquid, semisolid or contained
gaseous materials (Solid Waste Management Act, § 103).
Clean, nonaerosol and empty all-steel (ferrous metal) or
bimetal beverage and food containers.
The governmental jurisdiction and legal entity of Lower Paxton
Township, Dauphin County, Pennsylvania.
Material such as tree trimmings, shrubbery, and other organic
landscape vegetation. The following items are not considered yard
waste under this definition: grass clippings, fruits and vegetables,
tree stumps, dirt, and stones.
General. It shall be the duty of every owner of property and
every person occupying a dwelling unit, premises or place of business
within the Township where municipal waste is generated and accumulated,
by his/her own expense and cost, except as otherwise specified in
this article, to provide and keep at all times a sufficient number
of containers to hold all municipal waste accumulated between intervals
of collection of such waste by an authorized collector; and to ensure
the sanitary and legal disposal of such waste in accordance with this
article and all other Township, state and federal applicable laws
and regulations.
A.Â
Storage on residential property.
(1)Â
Containers. All municipal waste and recyclables accumulated by owners
of residential and/or the occupants of residential properties shall
be placed in containers for collection by an authorized collector
or as provided by the Township directly or through exclusive contract
for collection of recyclables. Mobile containers are provided to each
residential dwelling unit. The 32/35, 64/65, and/or 95/96-gallon carts
provided shall contain all municipal waste and recyclables for the
dwelling unit. No bags may be set as a standalone pick-up item. The
same containers will be provided for required recycling. No additional
containers shall be placed curbside for collection.
(2)Â
Location of containers. Each municipal waste container and curbside recyclable container shall be placed for collection so as to be accessible to the collector at ground level and behind the curb (if provided). Containers shall not be placed in the roadway that would impede or delay the removal of snow or ice from the road. Proper cart placement in accordance with the current hauler requirements for collection is required within no more than 10 feet of the cartway of the street or alley from which the collection with a vehicle is made if there is no curbing, or at a location mutually agreeable between the resident, the Township, and the collector. Failure to place containers at such location may result in waste not being picked up. Location of bulk containers at multifamily establishments shall be in accordance with Subsection C(2) below.
(3)Â
Time limitation. Waste and recyclable containers are not permitted to be stored in the location provided in Subsection B(2) outside of the scheduled pick-up days. Waste and recycling containers shall be placed at the collection site of a residence prior to 6:00 a.m. on the scheduled collection day. Containers may be placed at curbside up to eight hours before the scheduled collection day. Containers must be removed from the right-of-way within eight hours after the scheduled collection day. This time may be extended at the Townships discretion. These time limitations also apply to the keeping/storing of compost bags.
B.Â
Storage on commercial and institutional properties.
(1)Â
Containers. Storage of municipal waste on commercial and institutional
properties shall be done in the same type of containers as required
for residential properties except where the accumulation of solid
waste for such commercial or institutional property precludes their
use, in which case such owner or occupant shall make special arrangements
with the authorized collector for the storing of such additional quantities.
Special arrangement shall include the number and type of special bulk
container(s) to be furnished by the collector as may be approved by
the Township.
(2)Â
Location of containers. Containers for the collection at commercial and institutional properties shall be located on the owner's or occupant's premises at a place agreed upon by the owner or occupant of the commercial or institutional property and the authorized collector and shall be satisfactory to the Township. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways, alleys, or entrances and exits of public or private buildings. All containers meeting Subsection C(2) must comply with the requirements of the Zoning Ordinance 203-806, Dumpsters and Screening.
C.Â
Authorization of municipal waste collectors and reporting requirements.
It shall be unlawful for any person or corporation, other than persons
or corporations authorized by license or contract by the Township,
to collect and/or transport municipal waste of any nature as a regular
hauling business within or from the Township. If the Township decides
to enter into an exclusive contract for the collection of residential
municipal waste in the Township, said contractor shall be required
to collect municipal waste in the Township exclusive of other private
haulers and collectors subject to exceptions to the exclusive Township
contract. The Township shall not issue a license to any private hauler
or collector for collection of residential municipal waste other than
the hauler or collector having the exclusive contract with the Township.
Authorization to collect, transport and dispose of municipal waste
for persons other than oneself may be given only by the Township through
the issuance of a contract or license. All applicants for licensing
shall be reviewed by the Township and shall be approved in accordance
with the following. Municipal waste collection licenses or contacts
may be issued to only those persons or corporations who can provide
satisfactory evidence that they are capable of providing the necessary
services and can comply with the provisions and intent of the article.
The Township reserves the right to disapprove any application for
license.
(1)Â
Applicants for municipal waste collection license must furnish the
following information:
(a)Â
The number of collection vehicles, the make, model, license
plate number and size of each vehicle to be used for the collection
and transportation.
(b)Â
The location, address, and telephone number of the business
office of the applicant.
(c)Â
A certificate of the applicant's workman's compensation
insurance as required by law.
(d)Â
A certificate of insurance coverage providing complete third-party
comprehensive bodily injury and property damage liability insurance,
limits of which will not be less than $500,000/$1,000,000 for bodily
injury and $100,000 for property damage.
(e)Â
Intended disposal facility proposed to be used by the applicant.
(f)Â
Any other information which the Township may request and deem
necessary prior to the issuance of a license.
(2)Â
Licenses shall be issued on a calendar-year basis but may be revoked
at any time by the Township for just cause including by not limited
to, violation of any of the provisions of this article, applicable
state or federal law or regulations or other policies established
by the Township or contractual arrangements entered into between the
applicant and the Township.
(3)Â
Fees for licenses shall be set by the Township, and the amount shall
be provided to an applicant or any person upon request.
(4)Â
Any person or corporation who is licensed to provide municipal waste
collection services for commercial and institutional establishments
within the Township shall be required to submit an annual report stating
the amount of municipal waste collected and the type and weight of
each recyclable material collected within the Township. The reporting
form shall be supplied by the Township to the collector and shall
be returned to the Township within 30 days of the end of each calendar
year.
D.Â
Transportation of solid waste. Any person transporting solid waste
within the Township shall prevent or remedy any spillage from vehicles
or containers used in transport of such solid waste. The vehicles
used to transport or convey solid waste shall be leak-proof.
E.Â
Disposal of municipal waste. All municipal waste produced, collected,
and transported from within the jurisdictional limits of the Township
shall be disposed of at a landfill or other disposal facility licensed
or permitted by the Commonwealth of Pennsylvania Department of Environmental
Protection or other state government. However, the Township reserves
the right to designate a state-permitted facility of its choice and
require that all municipal waste generated in the Township be disposed
of at this designated facility. If the Township designates a disposal
facility as provided for above, all authorized (licensed) collectors,
or collectors operating under contract with the Township for collection
of municipal waste, shall be informed by the Township of the location,
regulations and other information pertaining to the designated disposal
facility. The Township reserves the right to make inspections of authorized
collectors to ensure that waste generated within the Township is being
disposed of in an authorized or designated facility and to limit the
use of a designated facility only to waste generated within the Township.
Any authorized collector found to be in violation of this section
shall have his license to collect or haul municipal waste in the Township
revoked.
F.Â
Unlawful deposition of municipal waste. It shall be unlawful for
any person to deposit for collection any solid waste including bulk
waste items not generated at the address from which collection is
made or to bring any solid waste into the Township or from one address
to another in the Township for the purpose of taking advantage of
the collection service or to avoid the cost of collection.
G.Â
Bulk waste. Bulk waste which is not collected by the normal or weekly
residential collection shall not be stored outside of a building or
accessory building on any land in the Township, except for a period
not exceeding 14 days pending the special handling for disposal of
the bulk waste. It shall be unlawful for any person to place bulk
waste on any property other than on the property at which it was generated
or directly associated with. Bulk waste that is not collected under
the contract with the current Township hauler, shall be disposed of
at a state-permitted or -licensed disposal facility, a facility especially
designated by the Township to take such bulk waste or a legitimate
salvage dealer that is in the business of disposing or recycling such
items.
H.Â
Yard waste. Yard waste meeting the definition may be stored for longer
periods of time, if necessary, until the next scheduled collection
for such items or for the purpose of composting or burning such materials
in accordance with Township ordinances, unless such storage violates
other ordinances or regulations of the Township.
I.Â
Construction and demolition waste. All waste materials from commercial
and residential construction or demolition of buildings shall be disposed
of as permitted by the regulations of the State Department of Environmental
Protection or pertinent ordinances or regulations of the Township.
It shall be the responsibility of the property owner to ensure the
disposal of such waste in accordance with the applicable laws and
regulations.
J.Â
Exclusions.
(1)Â
Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of collection municipal waste from
hauling his own municipal waste on an irregular or unscheduled basis
to a state-permitted disposal facility or to the disposal facility
as designated by the Township in accordance with the regulations of
the disposal facility.
(2)Â
Nothing contained herein shall prohibit a farmer from carrying out
normal farming operations, including composting or spreading of manure
or other farm-produced agricultural waste, not otherwise prohibited,
or regulated for land application.
(3)Â
The provisions of this article do not apply to anything but the storage,
collections, transportation, and disposal of municipal waste and do
not apply therefore to hazardous or residual waste as defined by the
Pennsylvania Solid Waste Management Act and its amendments. All hazardous
or residual waste must be disposed of in compliance with applicable
state and federal laws and regulations.
K.Â
Reporting requirements for commercial and institutional establishments.
Any commercial or institutional establishment located within the Township
that collects and transports their own municipal waste, in other words,
does not contract with a licensed municipal waste hauler or come under
the Township's municipal waste contractor, shall submit an annual
report to the Township stating the amount of municipal waste generated
by their establishment. The reporting form shall be supplied by the
Township to the establishment and shall be returned to the Township
within 30 days of the end of each calendar year.
A.Â
General. It shall be the duty and responsibility of every owner of
property and every person occupying a dwelling unit, premises, or
a place of business within the Township where municipal waste is produced
and is accumulated to pay a service fee for the collection and disposal
of this waste, except as otherwise provided by this article, to a
licensed hauler, exclusive contractor or to the Township. A licensed
hauler, exclusive contractor or the Township may discontinue service
for nonpayment of service fees by a resident or commercial or institutional
establishment. Discontinuance of service due to nonpayment of service
fees shall not relieve the resident or establishment from abiding
by all the requirements of this article.
B.Â
Service charges are to be based on the volume of waste collected.
To encourage and maximize recycling, all municipal waste service charges
for the collection and disposal of municipal waste paid either to
a licensed hauler, an exclusive contractor, or the Township shall
be based upon the volume of waste collected at the commercial or institutional
establishment. At residential units, service charges shall be based
on volume to the extent that any amount over the mandated containers
per week be charged on a volume basis. To effectuate this provision,
the following guidelines are hereby established:
(1)Â
The Township may require licensed haulers to disclose and allow review
by the Township of the solid waste rates being used by the hauler
if the Township has reason to believe the hauler is not charging for
solid waste services on a volume basis.
(2)Â
An exclusive contract for the collection of residential municipal
waste as may be established by the Township shall include provisions
for billing residential units on a volume basis. This provision shall
not preclude the Township or its contractors from establishing a minimum
charge for solid waste collection as an assessment against the property
for the benefit to the health and welfare of the community for having
a comprehensive solid waste collection and recycling program available
to the owners of property in the Township. Such minimum charges will
be set at a level that is appropriate to cover the basic cost of solid
waste and recycling collection but shall not be set so high as to
discourage recycling solid waste.
C.Â
Charges to be established by contract. All service fees established
under an exclusive contract for the collection of waste by the Township
shall be established by a contract to the Township Board of Supervisors.
Service charges so established shall be reviewed at least annually
and adjusted as necessary to ensure that all costs involved in the
collection and disposal of municipal waste under the exclusive contract,
including the administrative cost of the Township, are covered by
the service charges.
A.Â
Introduction. The Township, recognizing that reclaiming of recyclable
materials is an important method for addressing the growing solid
waste disposal problem through conserving landfill space, and that
recycling conserves natural resources, reduces energy consumption
and promotes the general interest, and to be in compliance with the
Municipal Waste Planning, Recycling and Waste Reduction Act, does
hereby authorize and encourage collection, processing, storage, transportation,
and recycling materials in accordance with the provisions of this
subpart.
B.Â
General. Recyclables separated for the purpose of materials recovery
rather than disposal and collection by the Township or its designated
agent or contractor shall not be considered solid waste as defined
under this article and shall not be subject to the provisions of this
article which require the disposal of waste at designated facilities
unless such recyclables become unmarketable.
C.Â
Establishment of program. The Township hereby establishes a program
for the mandatory separation of recyclables from municipal waste by
persons residing in single-family dwellings and multifamily establishments,
by commercial and institutional establishments, and by community events
providers/sponsors/promoters.
D.Â
Items to be separated and recycled (this list may change from time
to time based on the recycling market) and hauler requirements:
E.Â
Exclusions. Newspapers that are used for secondary purposes, such
as wrapping other waste or for cleaning which renders them unusable
for recycling, shall not be required to be recycled.
F.Â
Plans to be filed and approved by the Township, commercial and institutional establishments and family establishments conducting their own recycling program, not in conjunction with an agent of the Township or under an exclusive contract as may be established by the Township for the collection of municipal waste and recyclables, shall file with the Township and have approved by the Township individual recycling programs which provide for, at minimum, the recycling of items listed in Subsection D(2) above, as provided in § 1501(c) of the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.1501(c).
G.Â
Establishment of regulations. The Township or its authorized agent
shall establish and promulgate regulations on the manner, days and
time of collection of recyclable materials, and for the billing, handling,
location, and time of placement of such materials for collection.
Regulations shall be promulgated for each of the programs undertaken
including, but not limited to, the residential, multifamily, and commercial
sources of recyclable materials.
H.Â
Separation of recyclables and placement for disposition. Recyclable
materials shall be placed at the curb or other designated area separated
from solid waste, for collection or taken to drop-off sites at such
times, dates, manner, and places as may be established or authorized
by the Township.
I.Â
Collection by unauthorized person(s). From the time of placement
of recyclable items at the curb or designated location, or at a drop-off
center as designated or authorized by the Township, the recyclable
items shall become the property of the Township or its authorized
agent or contractor. It shall be violation of this subpart for any
person unauthorized by the Township to collect, pick up or cause to
be collected or picked up by any such items. Any and each collection
in violation hereof from one or more locations shall constitute a
separate and distinct offense punishable as hereafter provided.
J.Â
Unlawful disposing of recyclables. Upon and after the effective date of this article it shall be unlawful for any person or persons to dispose of any recyclable item as established in Subsection D above, commingled with other solid waste not required to be recycled or to dispose of such items in other places that will not ensure that items are recycled, unless the material is so contaminated that it is unacceptable for recycling.
K.Â
Registration of recyclable collectors.
(1)Â
It shall be unlawful for any person or corporation other than person
or corporations registered within the Township to collect and/or transport
recyclable materials of any nature extracted from municipal waste
as a regular hauling business within or from the Township. All persons
or corporations who register with the Township for recyclable collection
shall be reviewed by the Township and shall be approved in accordance
with the following:
(2)Â
Municipal waste collectors who have applied for and received a license
to operate within the Township shall be exempt from registration of
recyclable collection and transportation. There shall be no charge
for the registration of recyclable collectors.
L.Â
Reporting requirements for registered recyclable collectors.
(1)Â
Any commercial or institutional establishment located within the
Township that handles their own recyclable items which are extracted
from municipal waste, in other words, does not contract for recycling
services through a licensed or registered contractor or come under
the Township's municipal waste and recycling contract, shall
submit an annual report stating the amount, type and weight of each
recyclable material generated by the establishment and handled by
the establishment itself. Reporting forms shall be supplied by the
Township to the establishment and shall be returned to the Township
within 30 days of the end of each calendar year.
A.Â
Violations and penalties. Any person, firm or corporation who shall
violate any provision of this article, upon conviction thereof in
an action brought before a Magisterial District Justice 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
more than $1,000 plus cost and, in default of payment of said fine
and costs, to a term of imprisonment not to be exceed 90 days. Each
day that a violation of this article continues or each section of
this article which shall be found to have been violated shall constitute
a separate offense.
B.Â
Other remedies. In addition to the foregoing penalty, the Township
may require the owner or occupant of a property to remove any accumulation
of solid waste and should said person fail to remove such solid waste
after five days following written notice, the Township may cause the
solid waste to be collected and disposed of with the cost for such
action to be charged to the owner or occupant of the property in a
manner provided by law.
