[HISTORY: Adopted by the Board of Supervisors
of the Township of Montgomery as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-11-2000 by Ord. No. 00-133[1]]
[1]
Editor's Note: This ordinance superseded former
Art. I, Dumping, Storage and Burning, adopted 10-1-1962 by Ord. No.
1, as amended.
No person, partnership, association or corporation
shall dump, store, or accumulate any rubbish, waste, garbage, ashes,
paper, junk and discarded or refuse materials at or upon any public
or private property (vacant or occupied), at or upon any watercourse,
ravine, quarry, ditch or gutter or upon any highway, road, street,
avenue, lane, alley or upon the ditch or gutter thereof or upon any
sidewalk or footpath within the limits of the Township of Montgomery.
A.
It shall be unlawful to burn, ignite, incinerate,
maintain or permit to bury any materials whatsoever, of whatever nature,
including solid waste, recyclable materials, leaves, grass, weeds,
and hedge and tree trimmings.
[Amended 9-27-2010 by Ord. No. 10-244]
B.
Exceptions to allow open fires and burning:
(1)
Burning shall be permitted for fire-fighting training
by Township-designated fire-fighting organizations subsequent to the
proper notification and approval of the Township Fire Marshal.
(2)
Burning shall be permitted for recreational and entertainment
purposes, such as bonfires and camp fires, subsequent to proper notification
and approval of the Township Fire Marshal.
(3)
When approved by a governmental agency only, burning
is permitted for the prevention and control of disease or pests, for
the conservation and management of unique and natural areas, to prevent
or abate a fire hazard, or as a management technique for preventing
wildfires, scientific research, or vegetation management.[1]
[1]
Editor’s Note: Former Subsection B(4), regarding an
exception to allow burning of vegetation on properties used primarily
for agricultural purposes, and which immediately followed this subsection,
was repealed 9-27-2010 by Ord. No. 10-244.
Any person who shall violate or permit the violation
of any provision of this article shall, upon conviction of a summary
offense before a District Justice, be sentenced to pay a fine not
to exceed $1,000 per violation with costs of prosecution, and, in
default of the payment of such fines and costs, be sentenced to undergo
imprisonment to the extent allowed by law for the punishment of summary
criminal offenses. A separate offense under this article shall be
deemed to occur for each day or portion thereof in which is a violation
is found to exist or for each section of the article which is found
to have been violated.[1]
[1]
Editor's Note: Section 4 of Ord. No. 00-133
provided as follows: “Montgomery Township and its agents, officials,
and representatives, shall not, under any circumstances, be liable
or responsible for damages caused to any person or property for the
conduct of any burning activity in compliance or noncompliance with
the terms and provisions hereof. The person, persons, company, or
companies responsible for any such burning activity shall bear sole
liability for damages caused as a result thereof.”
[Adopted 9-17-1990 by Ord. No. 115]
This article shall be known as the "Municipal
Waste Collection and Recycling Ordinance."
[Amended 7-9-2007 by Ord. No. 07-218]
A.
ACT 97
ACT 101
ALUMINUM
BIMETAL CANS
BULK ITEMS
BUSINESS(ES)
CORRUGATED PAPER
DEP
GLASS
GRASS CLIPPINGS
HIGH-GRADE OFFICE PAPER
HOUSEHOLD HAZARDOUS WASTE
IMA
LANDLORD(S)
LEAF WASTE
MAGAZINES AND PERIODICALS
MIXED PAPER
MUNICIPALITY
MUNICIPAL WASTE
MUNICIPAL WASTE COLLECTOR(S)
NEWSPAPER
NONCURBSIDE RESIDENT(S)
NORTHERN MONTGOMERY COUNTY RECYCLING COMMISSION (NMCRC)
PARTICIPATING MUNICIPALITIES
PERSON or ENTITY
PLAN or COUNTY PLAN
PLASTIC CONTAINERS
RECYCLABLE MATERIALS
RECYCLING COLLECTOR
RECYCLING PROCESSORS
RENTAL AGENT(S)/PROPERTY MANAGERS
RESIDENT(S)
YARD WASTE
As used in this article, the following terms shall
have the meanings indicated:
The Solid Waste Management Act of 1980.[1]
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[2]
Empty, all-aluminum beverage and food containers, commonly
known as "aluminum cans."
Empty food or beverage containers constructed of a mixture
of ferrous metal, usually steel, and nonferrous metal, usually tin.
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.
The legal owner, occupant or lessee of a commercial, industrial
or cooperative enterprise, firm, partnership, corporation, association,
institution, trust or governmental entity that engages in any form
of business or governmental operations.
Paper products made of a stiff, moderately thick paper board,
containing folds or alternating ridges, commonly known as "cardboard."
The Pennsylvania Department of Environmental Protection.
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 the cutting
of a lawn, field or similar grassed area.
All types of high-grade, white or colored paper, bond paper
and computer paper used in commercial, institutional, business, office
and municipal establishments.
Small quantities of hazardous waste (as defined in the Solid
Waste Management Act) available to a person or entity on a retail
basis, such as pesticides, certain paints, paint thinners and solvents,
cleaning agents and automotive products.
The Intermunicipal Agreement adopted by the municipalities
which are members of the Northern Montgomery County Recycling Commission.
Any individual or organizational owner who rents and/or leases
residential units, commercial space or an industrial complex(es).
Landlords own the properties in question and deal directly with their
tenants or lessees.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but does not include 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, colored paper envelopes, mixtures of high-grade
office paper and the like.
Montgomery Township.
Any municipal waste as defined by Section 103 of the Solid
Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S.
§ 6018.101 et seq., and Section 103 of Act 105 and any rules
and regulations promulgated thereunder.
Any collector, remover, transporter and/or hauler of municipal
waste and/or recyclable materials in the NMCRC. A municipality shall
be considered a municipal waste collector if it provides manpower
and equipment for the collection of municipal waste.
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.
Residents of a multifamily residential unit where provision
is made to collect and dispose of waste through collective dumpsters.
The legal entity established by and operating as agent for
the municipalities hereunder who have delegated certain of their duties
and powers respecting recycling, including but not limited to the
development, implementation and enforcement of common recycling programs.
Presently the NMCRC is comprised of Ambler Borough, Franconia Township,
Hatfield Township, Hatfield Borough, Lower Gwynedd Township, Lower
Salford Township, Montgomery Township, North Wales Borough, Souderton
Borough, Telford Borough, and Towamencin Township and shall be deemed
to include all new member municipalities and accepting member municipalities
who have completed the withdrawal process.
Those municipalities which have executed the intermunicipal
agreement (IMA).
Any individual, firm, partnership, corporation, business,
association, institution, cooperative enterprise, trust, municipality,
municipal authority, federal institution or agency, state institution
or agency (including but not limited to the Department of General
Services and the Public School Building Authority), other governmental
agency or any other legal entity or group whatsoever which is recognized
by law as the subject of rights and duties. In any provision of this
article prescribing a fine, penalty or imprisonment or any combination
of the foregoing, the term "person" or "entity" shall mean the officers
and directors of any corporation or other legal entity having officers
and directors.
The latest revision of the county-wide municipal waste management
plan adopted by the county and approved by DEP, as such may hereinafter
be supplemented, revised, amended or modified in compliance with the
law.
Empty plastic food and beverage containers. Due to the large
variety of plastics, the recycling regulations will stipulate the
specified types of plastics that may be recycled.
Materials generated by a person or entity which can be separated
from municipal waste and returned to commerce to be reused as a resource
in the development of useful products. Materials which may be recycled
include, but are not limited to, glass (clear, brown or green), aluminum,
steel and bimetal cans, high-grade office paper, mixed paper, newspaper
(including newspaper inserts, junk mail and telephone books), corrugated
paper, magazines and other periodicals, plastic containers and other
materials as may be designated from time to time as recyclable materials.
A municipal waste collector engaged in the collection, removal,
transportation or hauling of recyclable materials.
Entities which receive recyclable materials, separate recyclable
materials from nonrecyclable residue and market the separated recyclable
materials for reuse or remanufacture.
Any individual or organization who or which 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 but deal directly with tenants or lessees on behalf of the
owner(s).
The legal owner, occupant or lessee of a single-family residential
unit in a municipality served by curbside collection of municipal
wastes and/or recyclables or owner, occupant or lessee of any other
type of multifamily residential unit, including but not limited to
townhomes, duplexes, condominiums and apartments, whose multifamily
unit has curbside collection of municipal waste and/or recyclables.
Also classified as a resident will be any business professional who
operates a profession from his/her personal residence.
Twigs, shrub trimmings, small branches and like vegative
matter.
B.
All terms not separately defined in this article that
are contained in Act 97 and Act 101 are incorporated herein by reference.
[Amended 7-9-2007 by Ord. No. 07-218]
A.
The reduction of the amount of municipal waste and
conservation of recyclable materials is an important public concern
by reason of the growing problem of municipal waste disposal and its
detrimental impact on the environment. It is the intent of this article
to require, promote and regulate recycling activities in the municipality
and to protect the health, safety and welfare of residents.
B.
This article has been developed to meet and implement
municipal responsibilities established under Act 101.
C.
It is the intent of this article to promote intergovernmental
cooperation in recycling activities by and among the municipalities
comprising the NMCRC. Such cooperation is intended to more efficiently
conduct recycling programs and to reduce costs.
D.
The municipality's adoption of this article anticipates
the assignment of certain of its duties and powers under Act 101 to
the NMCRC with respect to recycling activities and enforcement against
violations of this article. Such assignment of duties and powers will
be accomplished in accordance with Section 304(c) of Act 101[1] and as set forth in this article and in the intermunicipal
agreement adopted by the member municipalities of the NMCRC. Duties
and powers not assigned by the intermunicipal agreement or subsequent
agreement shall remain with the municipality.
[1]
Editor's Note: See 53 P.S. § 4000.304(c).
A.
Licensing of the municipal waste collectors for recycling
activities will be undertaken by the Township in conjunction with
municipal waste collection and disposal licensing activities.
C.
The Township, in conjunction with the municipal waste
collectors, shall be responsible for establishing an education program
and together shall conduct and maintain a comprehensive public information
program as follows:
(1)
The Township shall include articles and information
on recycling requirements and activities within regular newsletters
or mailings to residents and businesses in the community.
(2)
The Township shall, at least 30 days prior to the
start of the recycling program and at least every six months thereafter,
place one-fourth-page advertisements in newspapers of general circulation
serving the Township of Montgomery outlining the requirements of this
article and providing information relative to the recycling program
operation.
(3)
The municipal waste collectors shall, at least 30
days prior to the start of the recycling program and at least every
six months thereafter, deliver or include with their invoices sent
to customers an information sheet on recycling. At the request of
the municipal waste collectors, the Township will, as a service to
the municipal waste collectors, provide facts relative to the requirements
and operation of the recycling program that can be utilized in the
aforementioned information sheet.[2]
[2]
Editor's Note: Former Subsections D through
I, concerning responsibility for weight and volume quantity data,
recycling containers, compliance by persons or entities, compliance
by municipal waste collectors, the posting of educational information,
and exemptions, respectively, which immediately followed this subsection,
were repealed 7-9-2007 by Ord. No. 07-218.
A.
Every person or entity who desires to engage in or
wishes to continue engaging in the municipal waste collector business
with regard to any property in the Township shall be required to first
register with the Township. Such registration shall be effective for
a period of one year beginning January 1 of each calendar year. Every
person or entity desiring or continuing to engage in the municipal
waste collector business shall register with the Township on or before
December 1 to qualify as a registered municipal waste collector on
January 1 of the following year and shall complete any forms or application
materials as requested by the Township. Those municipal waste collectors
registering with the Township to collect municipal waste and recyclable
materials during 1990 must register with the Township within 30 days
of the effective date of this article, and said registration shall
be valid through December 31, 1991.
B.
The collection equipment and transportation vehicles
used for the collection of municipal waste within the Township shall
be of the closed body type with an automatic compactor unit, and said
collection equipment and transportation vehicles shall be labeled
to indicate the name of the municipal waste collector and shall further
indicate that the vehicle is transporting municipal waste or recyclable
materials. Said vehicles shall at all times be in good and proper
mechanical condition and in compliance with the minimum safety and
sanitary regulations of the Commonwealth of Pennsylvania. All such
vehicles shall be specifically designed to prevent leakage of any
liquid or fluids. Other type vehicles may be used only for the collection
of recyclable materials and bulk items, provided that such items are
separately collected in accordance with regulations established by
the Montgomery Township Board of Supervisors by a resolution. The
municipal waste and recyclables so collected shall be suitably enclosed
or covered so as to prevent roadside littering, attraction of vermin
or creation of other nuisances. The collection equipment and transportation
vehicles shall be kept in a clean and sanitary condition.
C.
No person or entity shall be entitled to register
with the Township as a municipal waste collector unless such person
or entity can show certificates of insurance covering public liability
for both bodily injury and property damage, owners' and contractors'
protective insurance and automobile insurance with respect to personal
injuries and property damage. Such insurance shall be in amounts that
shall from time to time be set forth by the Board of Supervisors of
Montgomery Township by regulations established by a resolution. Each
and every policy of insurance herein mentioned which is required pursuant
to the terms of this article shall carry with it an endorsement to
the effect that the insurance carrier will transmit to the Township,
by certified mail, written notice of any modifications, alterations
or cancellation of any policy or policies or the terms thereof. The
above-mentioned written notice shall be mailed to the Township at
least 10 days prior to the effective date of any such modification,
alteration or cancellation. Failure to maintain required insurance
coverage shall result in cancellation or forfeiture of the collector's
license.
D.
Each municipal waste collector shall, on the first
day of each calendar quarter, file a rate schedule with the Township
showing the rates to be charged to its customers for the collection
of municipal waste and recyclable materials. Such rate schedule shall
not be changed by the municipal waste collector without first giving
notice to the Township at least 30 days prior to the effective date
of such change. Each municipal waste collector shall file a map with
the Township on the first day of each calendar year or upon changes
of its routes, showing the areas of the Township in which it operates
and a timetable setting forth the days of collection. Collections
of municipal waste and recyclable materials by municipal waste collectors
shall take place at the times designated by resolution.
E.
At the time of such registration, the municipal waste
collector shall pay the Township a registration fee and a truck fee
for each transportation vehicle that will be used in the Township
to collect municipal waste or recyclable materials, which sum shall
be used to offset the administrative and regulatory costs to the Township
concerning municipal waste collection and recycling. The registration
fee and the truck fee shall be set by resolution of the Montgomery
Township Board of Supervisors from time to time.
A.
Nothing in this article shall prohibit the Township
from assigning a portion or all of its responsibilities under Act
101 and this article to another entity. Such assignment of responsibility
will be accomplished in accordance with Section 304(c) of Act 101
and would require the Township to enter into a written agreement with
the entity accepting such responsibilities. However, under no circumstances
will the Township relinquish its right to select the methodology for
conducting recycling; municipal waste collector subscription service
to individual customers; franchising or bidding of municipal waste
collector services on a partial or community-wide basis; or municipal
waste collector services provided by a municipality.
B.
The municipality recognizes that intergovernmental
cooperation among the municipalities comprising the membership of
the NMCRC will be of benefit to the municipality by more efficiently
conducting recycling program activities. Intergovernmental cooperation
efforts will include, but are not limited to, the following:
[Amended 7-9-2007 by Ord. No. 07-218]
(1)
Ongoing determination of the list of recyclable materials
for the NMCRC municipalities.
(2)
Development and implementation of joint education
programs, including the placement of newspaper ads, website pages
and other appropriate media.
(3)
Preparation of information for municipality newsletters.
(4)
Development and implementation of reporting forms
and grant applications and the filing of such forms and applications
with the appropriate agencies.
(5)
Preparation of informational sheets for municipal
waste collectors. Promulgation of rules and regulations pertaining
to the recycling program.
(6)
Authorization for the NMCRC solicitor to seek enforcement
against violations of this article as specified herein.
C.
Intermunicipal agreement.
[Amended 7-9-2007 by Ord. No. 07-218]
(1)
In order to implement the intent and terms of this
article, the municipality, pursuant to the authority of the Intergovernmental
Cooperation Act, Act of July 12, 1972, codified at 53 P.S. §§ 481
through 490,[1] and Article 9, § 5, of the Constitution of the
Commonwealth of Pennsylvania, has determined to enter into an intermunicipal
agreement (IMA) between the municipalities comprising the NMCRC.
[1]
Editor's Note: Former 53 P.S. §§ 481
through 490 were repealed 12-19-1996 by P.L. 1158, No. 177, § 2(a),
effective in 60 days. For subject matter of the repealed sections,
see now 53 Pa.C.S.A. § 2301 et seq.
(2)
Terms and implementation of IMA. The terms and implementation
of the IMA shall be as more fully set forth in the IMA and this article,
as follows:
(a)
The NMCRC shall develop, implement and maintain
a recycling program for the municipalities comprising the NMCRC.
(b)
The participating municipalities shall certify
that they have enacted a municipal recycling ordinance in a form substantially
similar to this article by providing an executed and attested copy
of the ordinance to the NMCRC solicitor.
(c)
The NMCRC shall be authorized to promulgate
rules and regulations and administer and enforce those rules and regulations
as desired or to delegate such enforcement to the member municipalities.
(d)
The NMCRC shall be authorized to enforce the
IMA and select municipal ordinances enacted pursuant to the IMA.
(e)
The purpose of the IMA is to provide a uniform
recycling program for the municipalities comprising the membership
of the NMCRC and to minimize duplicative efforts by the member municipalities.
(3)
Findings under Intergovernmental Cooperation Act.
As required by the Intergovernmental Cooperation Act of July 12, 1972,
P.L. 762, No. 180,[2] as amended, the following matters are specifically found
and determined:
(a)
The conditions of agreement are set forth in
the IMA.
(b)
The duration of the term of the IMA is set forth
in §§ 913 and 914 of the IMA.
(c)
The purpose of the IMA is to cooperate with
the NMCRC and other participating municipalities in developing, implementing
and maintaining a recycling program.
(d)
The organizational structure necessary to implement
the agreement is set forth in the IMA, with which the member municipalities
shall cooperate.
(e)
The manner in which property, real or personal,
shall be acquired, managed, licensed or disposed of is by way of lease
or other contract unless otherwise set forth in the IMA.
[2]
Editor's Note: See now 53 Pa.C.S.A. § 2301
et seq.
[Amended 12-17-2001 by Ord. No. 01-149; 7-9-2007 by Ord. No. 07-218]
A.
Reporting and recordkeeping requirements.
(1)
Unless specifically provided otherwise in the NMCRC's
rules and regulations, all municipal waste collectors shall deliver
or send, at least every six months, an information sheet that names
the materials which are to be recycled.
(2)
Municipal waste collectors shall be responsible for
obtaining weight and volume data on all municipal waste and recyclable
materials collected by them in each municipality which is a member
of the NMCRC. Said data shall be supplied to the NMCRC on an annual
basis by January 15 for the preceding year. Such report shall include
the name of the market or processor where recyclable materials are
delivered and shall be signed by an officer of the municipal waste
collector.
(3)
Municipal waste collectors shall maintain records
of their collection, removal, transportation and hauling activities
for each municipality and make them available for inspection by the
NMCRC, in accordance with the rules and regulations of the NMCRC.
B.
Collection, processing, marketing and reporting requirements.
(1)
Each municipal waste collector operating in the municipality
shall be responsible for complying with the requirements of this article
and the NMCRC's rules and regulations for the collection, processing
and marketing of recyclable materials.
(2)
The municipal waste collector shall, in providing
refuse collection and disposal services, also provide for the collection
of recyclable materials. Unless specifically provided otherwise in
the NMCRC's rules and regulations, where once- or twice-a-week municipal
waste collection is provided, the municipal waste collector must provide
at least once-a-week recyclable material collection. Customers using
once-a-month municipal waste collection must have recyclable materials
collected at least once a month.
(3)
A municipal waste collector shall not be permitted
to allow recycling containers or dumpsters to fill beyond capacity
and shall schedule the frequency of such collection accordingly.
(4)
The municipal waste collector shall be responsible
for the processing and marketing of the recyclable materials or the
delivery of recyclable materials to a recycling processor. Such activities
may be conducted by the municipal waste collector or any agent thereof
or a private entity conducting such business, a nonprofit entity able
to undertake such effort or any governmentally owned or operated facility
capable of such functions.
(5)
The municipal waste collector shall, prior to initiating
processing and marketing activities, provide the NMCRC with a summary
of its proposed efforts, including the location of the facility(ies)
to which the recyclable materials will be delivered, to the maximum
extent possible. All such facility(ies) shall be appropriately licensed
and permitted. Updates shall be provided as changes are made.
(6)
All municipal waste collectors shall keep records
of the quantities of recyclable materials collected in the municipality.
The records shall include the weight of the total quantities of recyclable
materials and total quantities of municipal waste and an estimate
of the corresponding volume of material for both recyclable materials
and municipal waste. Estimates of the individual components comprising
the commingled recyclable materials shall also be provided. Written
reports shall be provided to the NMCRC on reporting forms provided
by the NMCRC and shall include the name and location of the processing
center and/or recyclable materials dealer and shall be submitted in
accordance with the time schedules established in this article.
(7)
Leaf waste quantities shall be recorded by the municipal
waste collector collecting such materials. Such quantities may be
in the form of estimates on either a cubic yard or tonnage basis collected,
and written documentation must be provided to the NMCRC by January
31 of each year for materials collected in the preceding calendar
year of the total quantity of leaf waste collected. The collector
has the option of reporting tonnage either in compacted or uncompacted
cubic yards.
(8)
Municipal waste collectors shall not collect refuse,
recyclable materials or any other wastes between the hours of 8:00
p.m. and 6:00 a.m. Eastern standard time nor, when applicable, between
8:00 p.m. and 6:00 a.m. daylight saving time. Failure to comply with
this provision shall subject a municipal waste collector to enforcement
by the individual municipality.
[Amended 7-9-2007 by Ord. No. 07-218]
A.
All homes, apartments and other residential establishments
shall be required to separate and recycle the following: clear glass,
colored glass, newsprint (including newspaper inserts, junk mail and
telephone books), aluminum cans, steel cans, bimetallic cans, No.
1 PET plastics and No. 2 HDPE plastics.
B.
Commercial establishments will be required to separate
and recycle the following: corrugated paper, high-grade office paper,
aluminum cans and yard waste.
C.
Hospitality establishments, which include restaurants
and taverns, shall be required to separate and recycle the following:
cardboard, office paper, newspaper (including newspaper inserts, junk
mail and telephone books), aluminum cans, steel cans, bimetallic cans,
No. 1 PET plastics and No. 2 HDPE plastics.
D.
Community
events. Recycling containers shall be provided at all community events
attended by 200 or more people. The disposal of recyclable materials
collected at such events shall be in accordance with the provisions
of this article.
[Added 9-27-2010 by Ord. No. 10-244]
[Amended 7-9-2007 by Ord. No. 07-218]
A.
The NMCRC is authorized to carry out a recycling program
on behalf of the member municipalities in accordance with the terms
and conditions of the IMA.
B.
In accordance with the responsibilities in this article,
the NMCRC is authorized to establish, by resolution, rules and regulations
related to the administration of the recycling program and to administer
and enforce against violations of all such rules and regulations.
The NMCRC shall determine the recyclable materials to be separated
by residents, noncurbside residents and businesses and collected by
municipal waste collectors; however, this designation may be changed
by the NMCRC from time to time. The municipality may require additional
materials to be recycled, in which event such additional materials
shall be deposited at drop off centers designated by the municipality,
and the municipal waste collector will not be responsible for collecting
such materials. Any additional requirements imposed by the municipality
shall be consistent with and not interfere with the recycling program
developed and implemented by the NMCRC. All commercial, industrial
and institutional establishments shall also be required to separate
the materials designated by the NMCRC for recycling.
C.
In accordance with Section 1501(c)(1)(iii) of Act
101,[1] the NMCRC shall be authorized to exempt persons occupying
commercial, institutional and industrial establishments from the requirements
of this article if they have otherwise provided for the recycling
of materials designated by this article and any subsequent resolutions.
To be eligible for this exemption, the commercial, industrial or institutional
waste generator must provide, on an annual basis, written documentation
to the municipality and the NMCRC of the total quantity of each material
recycled, in the form and by the Act as provided for in the NMCRC's
rules and regulations. Exemptions shall be handled administratively
by the NMCRC.
[1]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).
[Amended 7-9-2007 by Ord. No. 07-218]
A.
All recyclable materials and municipal waste placed at curbside for collection or in any container or dumpster designated for recyclable materials shall become the property of the municipal waste collector providing the service, except as outlined in § 193-14 of this article.
B.
It shall be a violation of this article for any person or entity, other than the municipal waste collector providing the service, to collect or remove any of the recyclable materials from their designated collection location, except as outlined in § 193-14 of this article. Each unauthorized collection from one or more designated locations on one calendar day, in violation hereof, shall constitute a separate and distinct offense punishable as hereinafter provided.
[Amended 7-9-2007 by Ord. No. 07-218]
A.
Any person, volunteer organization or other entity
may utilize alternative methods, other than collection by a municipal
waste collector, to accomplish the purpose of reutilizing recyclable
materials. Any such person, volunteer organization or other entity
shall register such programs with the NMCRC recycling consultant and
the municipality where the recycling activity shall take place. All
recyclable materials tonnage data shall be collected and reported
to the NMCRC recycling consultant in accordance with all applicable
procedures for the reporting of such information.
B.
The NMCRC is authorized to permit an alternate recycling
program to be developed in accordance with Paragraph 1501(h) of Act
101[1] if the requirements of that paragraph can be complied
with. The NMCRC shall, before implementation of the program, review
and approve the program. The municipal waste collector conducting
the program must provide annual written documentation to the NMCRC
of the total quantity of each material recycled.
[1]
Editor's Note: See 53 P.S. § 4000.1501(h).
[Amended 7-9-2007 by Ord. No. 07-218; 1-28-2008 by Ord. No.
07-229]
A.
Each person or entity, unless exempted under § 193-16C of this article, who or which generates municipal waste and/or designated recyclable materials shall have such waste and recyclable materials collected by a municipal waste collector who is legally operating within the Township, and such collection shall be no less frequent than one time per week.
[Added 9-27-2010 by Ord. No. 10-244[1]]
B.
The municipality hereby authorizes establishment of
a program for curbside collection of leaf waste at least once during
the Spring and at least once during the Fall of each year. In addition
thereto, the leaf waste collection program shall be augmented by designation
by the municipality of a DEP-permitted, dropoff compost facility for
residents of the municipality to utilize as needed, which facility
shall be open at least once per month for collection of leaf waste
generated between scheduled curbside collections.
C.
Leaf waste collection shall be conducted by the municipality
or authorized private municipal waste collectors in accordance with
regulations of DEP. All leaf waste shall be disposed of in a DEP-permitted
compost facility in accordance with all applicable state guidelines.
D.
All private municipal waste collectors shall provide
the municipality and NMCRC with the name and address of the facility(ies)
where the leaf waste will be disposed and report the quantity in tons
or cubic yards. Leaf waste shall not be commingled with any other
municipal solid waste. The disposal of leaf waste at a sanitary landfill,
waste-to-energy facility or any other facility which is not a DEP-permitted
composting facility is strictly prohibited.
E.
The methodology for separating and collecting leaf
waste shall be established and implemented by the municipality and
imposed upon participating private waste collectors. The leaf waste
collection guidelines set forth in this article are intended to be
general in nature. The actual leaf waste collection and education
program shall be established in more detail by the municipality pursuant
to resolution and is subject to modification, as needed from time
to time, provided that any modifications to the program comply with
this article and the most recent regulations of DEP.
F.
Leaf waste shall not be left at curbside more than
24 hours prior to collection and shall not be left in a form which
obstructs the flow of traffic or affects the performance of drainage
facilities or catch basins.
[Amended 7-9-2007 by Ord. No. 07-218]
A.
Each person or entity who or which generates municipal
waste in the NMCRC shall be responsible for complying with the requirements
of this article for the separation of recyclable materials as required
by Act 101 as implemented by the NMCRC. This shall include tenants
and lessees occupying leased properties.
B.
Owners, landlords or rental agents of any leased property,
other than a single-family-occupied property, shall be responsible
for publicly posting educational information provided by the NMCRC,
municipality and/or municipal waste collectors; providing appropriate
recyclable material collection containers; and providing for pickup
of such containers in accordance with this article. Owners, landlords
or rental agents of a single-family-occupied property may assign such
responsibility to the tenant or lessee occupying the property through
a lease or rental agreement or other written assignment.
C.
Every person or entity must separate household hazardous
waste and leaf waste from the recyclable materials and other municipal
waste. It is the responsibility of a person or entity to dispose of
household hazardous waste in accordance with applicable law as implemented
by the Montgomery County Waste System Authority.
D.
All occupants of single-family homes, including townhomes
and row homes where individual municipal waste collection occurs,
shall maintain a separate container of the type specified or provided
by the NMCRC or municipal waste collector to collect all designated
recyclable materials in a commingled or modified commingled (e.g.,
different materials separated into paper bags and placed in the container)
fashion, as established by the municipal waste collector, subject
to the rules and regulations of the NMCRC No municipal waste or recyclable
material container shall be placed at the curb or in the front yard
of any resident's property except during the period beginning at 6:00
p.m. on the evening prior to the day of scheduled collection, and
the empty container shall be removed by 11:59 p.m. on the day of scheduled
collection. Enforcement of container rules for placement at curbside
shall be the responsibility of the municipality. Newspapers may also
be placed in paper bags (no plastic bags) or bundled and tied, both
across and lengthwise, with rope or cord, and kept dry prior to collection
and placed at curbside with the recycling container. No such municipal
waste containers or recyclable material containers, including bundles
of newspapers (other than containers supplied by municipal waste collectors),
shall weigh more than 50 pounds.
E.
Owners or landlords of any multifamily residential
units 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, and source-separated
or commingled recyclable material containers or dumpsters may be utilized.
The containers or dumpsters must be provided at easily accessible
locations, and written instructions must be provided to the occupants
concerning the use and availability of such containers or dumpsters.
Owners or landlords of multifamily residential units who comply with
the requirements of this subsection shall not be liable for the noncompliance
of any persons 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 recyclable materials
and placing them in the containers or dumpsters provided for such
purposes.
F.
Owners or landlords of any institutional, commercial, business or industrial establishment shall be required to meet the same requirements outlined in Subsection E, unless exempted under § 193-12C of this article or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property.
[Amended 7-9-2007 by Ord. No. 07-218; 1-28-2008 by Ord. No.
07-229]
A.
Any person or entity violating the provisions of this
article pertaining to the separation of recyclable materials and leaf
waste, collected within the boundaries of any municipality which is
a member of the NMCRC, including commingling of recyclable materials
and leaf waste by municipal waste by haulers and their employees,
shall receive an official written warning sent certified mail, return
receipt requested, from the NMCRC Solicitor and/or from the solicitor
for the municipality in which the alleged violation occurred for the
first offense. Thereafter, within two years from the date of the written
warning for the first offense, any person or entity violating any
of the provisions of this article pertaining to the separation of
recyclable materials and leaf waste collected within the boundaries
of any municipality which is a member of the NMCRC shall be subject
to a criminal fine of not less than $2,500 per violation, plus damages,
court costs and reasonable attorney's fees and imprisonment in the
Montgomery County Correctional Facility to the extent allowed by law
for the punishment of summary offenses. Enforcement of any such violations
shall be by action commenced by the NMCRC and/or the municipality
in which the alleged violation occurred before a District Justice
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure.
B.
No municipal waste collector shall knowingly collect
municipal waste which contains recyclable materials or leaf waste.
The municipal waste collector shall provide a person or entity violating
the provisions contained herein with written notice for the first
offense and also provide the NMCRC and the member municipality with
the same written notice. Any municipal waste collector who shall knowingly
violate the provisions of this subsection and collect municipal waste
containing recyclable materials and leaf waste from a person or entity
who or which has previously been notified by the NMCRC, municipality
and/or a municipal waste collector of noncompliance shall receive
an official warning from the member municipality and/or NMCRC for
the first offense. The municipal waste collector, for subsequent offenses
within a two-year period of the warning, upon conviction, shall be
sentenced to pay a fine of not less than $1,500 per violation, plus
damages, court costs and reasonable attorney's fees and imprisonment
in the Montgomery County Correctional Facility to the extent allowed
by law for the punishment of summary offenses. Enforcement of any
such violation shall be by action commenced by the NMCRC and/or the
municipality in which the alleged violation occurred before a District
Justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure.
C.
Any person or entity who shall violate any provision of this article not covered in Subsection A or B above shall receive an official written warning sent certified mail, return receipt requested, from the NMCRC solicitor and/or from the solicitor for the municipality in which the alleged violation occurred for the first offense. Thereafter, within two years from the date of the written warning for the first offense, any person or entity violating any of the provisions of this article not otherwise covered in Subsection A or B shall, upon conviction, be subject to a criminal fine of not less than $500 per violation, plus damages, court costs and reasonable attorney's fees and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action commenced by the NMCRC and/or appropriate member municipality before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day on which a violation of this article continues shall constitute a separate offense punishable by a like fine or penalty.
D.
The NMCRC is authorized to establish, through its
rules and regulations, procedures through which violations of this
article and of the NMCRC's rules and regulations themselves may be
determined and administrative sanctions therefor, including but not
limited to imposition of monetary penalties.
E.
Nothing in this section shall be construed to limit
the NMCRC's remedies, which shall include but not be limited to including
the filing of actions at law or in equity seeking damages and/or injunctive
relief.
This article shall be construed under the laws
of the Commonwealth of Pennsylvania.
The Township may, from time to time, modify
the regulations adopted in accordance with this article or make modifications
to this article.
[Amended 7-9-2007 by Ord. No. 07-218]
The Board of Supervisors hereby authorizes the
Chairman of the Board of Supervisors to execute that certain intergovernmental
agreement attached hereto as Exhibit A[1] between all the municipalities comprising the membership
of the Northern Montgomery County Recycling Commission, which IMA
sets forth the procedures and administration of the NMCRC.[2]
[1]
Editor's Note: A copy of said agreement is
available in the Township offices.
[2]
Editor’s Note: Former Arts. III, Solid Waste Joint Cooperation,
adopted 9-24-1990 by Ord. No. 117, as amended; IIIA, Hours of Collection,
adopted 9-11-2000 by Ord. No. 00-127; and IV, Recycling, adopted 8-18-1991
by Ord. No. 121; and which immediately followed this section, were
repealed 9-27-2010 by Ord. No. 10-244.