A.
The Township has established, pursuant to the Act of June 24, 1931,
P.L. 1206, Art. XV, 1502, cl. XXVII, as amended, 53 P.S. 56527 of
the First Class Township Code, a recycling program for the mandatory
separation and collection of recyclable materials by persons and the
separation, collection and composting of yard waste from all residences
and all commercial, industrial, municipal and institutional establishments
located in the municipality for which waste collection is provided
by the municipality or any other collector. Collection of the residential
recyclable materials shall be made weekly by the municipality, its
designated agent or any other solid waste collectors operating in
the municipality and authorized to collect recyclable materials from
residences.
B.
Commercial, industrial, municipal and institutional establishments
shall provide for recycling by a hauler or private collector.
C.
Collection of residential yard waste shall be made once per month
and only during the months of March through November and only with
an advanced call in for collection. Leaf waste shall be collected
only from residences on the designated fall schedule each year. The
recycling program shall also contain a sustained public information
and education program.
D.
The Board of Commissioners of the Township of Shaler is empowered to make changes to program regulations as necessary, as described in § 187-21 (relating to enforcement and administration). Subsequent changes in the program regulations, including the establishment of a covered devices recycling program, may be made through approval of the Board of Commissioners of the Township of Shaler and public notice and notification of all affected parties.
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.
A.
It shall be unlawful for any person to place or allow to be placed
any designated recycling material or covered devices in his waste
for garbage collection.
B.
It shall be unlawful for any person to dispose of any waste in the
municipality except in accordance with the provisions of this article.
C.
It shall be presumed that any designated recycling material or covered
device found commingled with waste on the property of a person is
the property of such person if identifiable indicia of ownership is
contained therein.
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 the same for collection in accordance with the guidelines
established hereunder.
(1)
Persons in residences must separate recyclable materials from other refuse. Except as provided in § 187-18 (relating to ownership of recyclable materials) and § 187-19 (relating to existing recycling operations), all recyclable materials shall be placed at the curbside in containers provided to residences 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 from the municipality shall be responsible for conveying the recycling containers to a subsequent owner in interest of the property or shall pay the replacement cost of said containers. Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any persons other than the person allocated such containers shall be a violation of this article.
(2)
An owner, landlord or agent of an owner or landlord of a multifamily
rental 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 and agents of owners or landlords 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 written report to the
Township Manager each year no later than January 30, reporting the
tonnage of materials recycled during the previous year as certified
by the hauler.
B.
All persons must separate yard 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, glass containers, plastic containers and such other materials
as may be designated by the municipality generated at commercial,
industrial, municipal and institutional establishments and from community
activities and store the recyclable materials until collection. A
person may be exempted from this section if that person submits annually
written documentation to the municipality from its recycling collector,
indicating that the designated recyclable materials are being recycled
pursuant to the rules and regulations promulgated hereunder.
D.
If recyclable materials are collected by a collector other than the
municipality or its authorized agent, occupants of said establishments
shall submit an annual written report to the Township Manager each
year no later than January 30, reporting the tonnage of materials
recycled during the previous year as certified by the hauler.
A.
In all R-1 Limited One-Family, R-2 One-Family or R-3 Two-Family Districts,
all trash containers, all private recyclable containers and all refuse
containers on noncollection days shall be stored either inside or
shall be located behind the front facade line of the dwelling. Where
a lot has more than one frontage on a street or trafficway, all refuse
containers, trash containers and private recyclable containers on
noncollection days shall be stored either inside or placed behind
the front facade line on all sides of the dwelling adjacent to any
street or trafficway.
B.
Trash containers and private recyclable containers may be placed
in the front yard or at the curbline commencing at 4:00 p.m. on the
day preceding the day designated for the pickup of trash and recyclable
materials.
A.
Recycling of designated recyclable materials. All commercial, industrial
and institutional establishments as well as all community activities
in the Township including volunteer fire departments in all zoning
districts shall separate all of those recyclable materials designated
by the municipality from all other municipal waste produced at their
establishments, store such materials for collection and shall place
the same for collection in accordance with the guidelines established
hereunder.
B.
Containers. Municipal waste, recyclable materials and yard waste
accumulated on commercial, industrial and institutional properties,
including volunteer fire departments, in all zoning districts shall
be separately stored in containers or detachable containers.
C.
Securing materials for collection. Commercial, industrial and institutional
properties, including volunteer fire departments, in all zoning districts
storing recyclable materials outside of containers shall tie the material
securely in bundles of a size that can be readily handled for collection
and in a manner that minimizes litter, safety hazards and fire hazards.
D.
Location of containers. Detachable containers for the storage and
collection of municipal waste, recyclables and yard waste at commercial,
industrial or institutional properties as well as volunteer fire departments
shall be located on the premises, which location and buffering, if
required, shall be in compliance with zoning or other applicable municipal
requirements for the location of such containers. Such locations shall
not interfere with public or private sidewalks, walkways, driveways,
roads, streets, highways, alleys or entrances and exits of public
or private building.
E.
Screening required of all dumpsters, trash containers and private
recyclable containers. Dumpsters, trash containers and private recyclable
containers on all commercial, industrial and institutional properties,
including volunteer fire departments, in all zoning districts that
are not stored inside a structure shall be screened to hide the entire
dumpster, trash container or private recyclable container from public
view.
(1)
The screening shall be of sufficient height and density to completely
hide the dumpster, trash containers and private recyclable containers
from public view.
(2)
All screening corrals shall be permanently affixed to the ground
and shall consist of either fencing or vegetation.
(3)
Public recycling containers situated on premises open to the public
are exempt from the screening requirements of this chapter.
F.
Collection. All owners and occupants of commercial, industrial and
institutional properties, including volunteer fire departments, shall
provide for the regular collection and removal of municipal waste,
recyclable materials and yard waste from the property through a contract
with a licensed hauler.
G.
Community activities. All property owners and/or organizers of community
activities shall provide containers for the storage and collection
of municipal waste and recyclable materials and shall make proper
arrangements for the removal of such municipal waste and recyclable
materials from the property through a contract with a licensed hauler.
A.
Community activities. It shall be the duty and responsibility of
every owner of property, every place of business within the Township,
and the organizer of any community activities where municipal waste
is produced and is accumulated to contract with a licensed hauler
for garbage, recyclables and yard waste collection services to the
extent provided by this article.
B.
Commercial, industrial and institutional establishments. Commercial,
industrial and institutional establishments shall submit annually,
on forms provided by the Township, a report to the Township or its
designated agent which contains the following information concerning
compliance to the recycling requirements of this article:
(1)
Commercial/industrial or institutional name, address, telephone number,
contact person and owner's name.
(2)
Company name, address, telephone number, and contact person for entity
providing the recycling service.
(3)
Description of materials recycled, frequency of collection, method
of storage and end market.
(4)
Weigh slips or other certification which show by weight and type
of material recycled. If weigh slips are not used, the form of certification
requires the prior approval of the Township.
(5)
Form of certification to assure proper processing/marketing of recyclable
materials.
(6)
Other information as may be required by the Township agent, which
may be required to assure the proper disposition of recyclable materials.
(7)
Required information is due within 30 days of the end of the reporting
period, to wit, January 30.
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. Nothing contained in this article shall be deemed
to impair the ownership of separated recyclable materials by persons
unless and until such materials are placed at the curbside for collection.
Any residence or commercial, industrial, municipal or institutional
establishment may donate or sell recyclable materials to any person,
firm or corporation, whether operating for profit or not. Nothing
contained in this article shall be interpreted to impair any existing
recycling operations or prohibit the use of public recycling containers
open to the public.
Disposal by persons of recyclable materials with waste 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 a prior exemption is obtained in writing from the enforcing
entity prior to the incineration or landfilling thereof.
The Township Manager is hereby 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:
A.
Establishing recyclable materials to be separated for collection
and recycling by residences and additional recyclable materials to
be separated by commercial, industrial, municipal and institutional
establishments.
B.
Establishing collection procedures for recyclable materials and providing
for reasonable inspections thereof.
C.
Establishing reporting procedures for amounts of materials recycled.
D.
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
E.
Establishing procedures and rules for the collection of yard waste.
F.
Designating of person(s) to enforce the provisions of this article.
A.
Any person, firm or corporation who shall violate the provisions
of this article shall receive an official written warning of noncompliance
for the first offense. Thereafter, all such violations shall be subject
to the penalties hereinafter provided.
B.
Any person who violates any of the provisions of this article shall,
upon conviction, be guilty of a summary offense and shall be sentenced
to pay a fine of not less than $100 nor more than $300 plus costs
of prosecution or, in default of payment of such fine, then by imprisonment
for a period of not more than 10 days. Each day a violation occurs
shall be considered a separate and distinct offense.
C.
The municipality reserves the right not to collect municipal waste
containing recyclable materials in combination with nonrecyclable
materials.
