[HISTORY: Adopted by the Board of Supervisors
of the Township of Lehigh as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 103.
[Adopted 2-6-1986 by Ord. No. 1986-3]
This article shall be known as the "Lehigh Township
Municipal Solid Waste Ordinance."
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:
A person desirous of being authorized as a collector.
A person authorized to collect, transport, and dispose of
municipal waste from Lehigh Township.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers, and theaters.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of municipal waste into or on the land or water
in a manner that the waste or a constituent of the waste enters the
environment, is emitted into the air, or is discharged to the waters
of the Commonwealth of Pennsylvania.
Any site, facility, location, area, or premises to be used
for the disposal of municipal waste.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparation, cooking, and consumption
of foods.
Any establishment engaged in service to persons, including
but not limited to hospitals, nursing homes, orphanages, schools,
and universities.
The entire process, or any part thereof, of storage, collection,
transportation, processing, treatment, and disposal of municipal waste
by any person engaging in such process.
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste from a municipal, commercial or institutional water supply treatment
plant, waste water treatment plant, or air pollution control facility.
(Pennsylvania Solid Waste Management Act 97, Section 103.[1]) The term does not include source-separated recyclable
materials.
[Amended 10-12-2010 by Ord. No. 2010-10]
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, or any other legal entity whatsoever
which is recognized by law as being subject to the rights and duties
of a person.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities,
incinerators, recycling facilities, and resource recovery facilities.
The collective term applying to all garbage, rubbish, ashes,
leaves, and grass trimmings from residential, municipal, commercial,
or institutional premises.
At least three or more times per month.
Any waste, including but not limited to municipal, residual,
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal ash or drill cuttings.
(Pennsylvania Solid Waste Management Act 97, Section 103.[2])
[Amended 5-13-2003 by Ord. No. 2003-1]
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of one year constitutes disposal.
Lehigh Township, Northampton County, Pennsylvania.
The off-site removal of any municipal waste generated or
present at any time from Lehigh Township, Northampton County.
[Amended 10-12-2010 by Ord. No. 2010-10]
A.
It shall be the duty of every owner of property and every person
occupying any dwelling unit, premises or place of business within
Lehigh Township where municipal waste is produced and is accumulated,
by his own expense and cost, to provide and keep at all times a sufficient
number of containers to hold all municipal waste which may accumulate
during the intervals between collection of such municipal waste by
an authorized collector.
B.
Every Lehigh Township property owner shall contract with a licensed
hauler for refuse and recycling removal.
C.
Upon request, every Lehigh Township property owner shall furnish
proof to the Township within 72 hours that he has a contract for waste
removal with a licensed collector.
A.
Containers. All municipal waste accumulated by owners
of each residential property and/or the occupants of residential properties
shall be placed in containers for collection by an authorized collector.
The containers shall be durable, water tight, and made of metal or
plastic. Securely tied plastic bags may be used in cases where such
bags can be used without being torn open by domestic or wild animals.
The size of each such container shall not exceed a thirty-gallon capacity.
However, large containers designed for use with special hoisting equipment
may be used if the collector serving the residence uses collection
vehicles with such special hoisting equipment.
B.
Location of containers. Each municipal waste container
shall be located so as to be accessible to the collector at ground
level and at a point on the curbline of the street, or within no more
than 10 feet of the public street or alley right-of-way from which
collection from a vehicle can be made. Failure to place containers
at such locations may result in discontinuance of service.
[Amended 5-13-2003 by Ord. No. 2003-1]
A.
Containers. Storage of municipal waste on commercial,
institutional and industrial properties shall be done in the same
type of containers as are required for residential properties except
that containers larger than 30 gallons may be used, where needed,
to accommodate larger volumes of municipal wastes. Such containers
shall be kept in good working order.
B.
Location of containers. Containers for collection
at commercial, institutional and industrial properties shall be located
on such premises at a place which shall not interfere with public
or private sidewalks, driveways, roads, streets, highways or entrances
and exits or public or private buildings.
A.
Unauthorized collection and transportation. It shall
be unlawful for any person, other than such persons as are duly authorized
by the Township of Lehigh, to collect and transport solid waste of
any nature as a regular hauling business within or from Lehigh Township.
Authorization shall be given only as set forth below.
B.
Licensing procedure. Authorization to collect, transport,
and dispose of municipal waste for persons other than oneself may
be given only by Lehigh Township through the issuance of a license.
All applications for licensing shall be approved in accordance with
the following:
(1)
Eligible persons. Municipal solid waste collection
licenses may be issued to only those persons who can provide satisfactory
evidence that they are capable of providing the necessary services
and can comply with the provisions and intent of this article. The
Township of Lehigh reserves the right to disapprove any application
for license.
(2)
Application procedure. Applicants for a municipal
solid waste collection license must furnish the following information:
(a)
The make, model, license plate number, and size
of each vehicle to be used for collection and transportation;
(b)
The location, address, and telephone number
of the business office of the applicant;
(c)
A certificate of the applicant's workmen's compensation
insurance as required by law;
(d)
A certificate of insurance coverage providing
complete third-party comprehensive, bodily injury and property damage,
liability insurance, the limits of which shall not be less than. $100,000/$300,000
for bodily injury and $50,000 for property damage; and
(e)
Any other information which the Township of
Lehigh may request and deem necessary prior to the issuance of a license.
(3)
Issuance. Licenses shall be issued on a calendar year
basis, but may be revoked at any time by the Township of Lehigh for
failure to comply with the provisions of this article.
(4)
Fees. Fees for licenses shall be set by Lehigh Township
and the amount thereof shall be provided to any applicant or other
person upon request.
(5)
License and capacity. Each vehicle must prominently
display the name and number of the licensee and the cubic yard capacity
of the vehicle's body.
Any person transporting solid waste within Lehigh
Township shall prevent or remedy any spillage from vehicles or containers
used in the transport of such solid waste.
A.
Designated facilities. All municipal waste produced,
collected, and transported from within the jurisdictional limits of
the Township of Lehigh shall be, to the extent permitted by law, disposed
of at disposal facilities designated by the Township of Lehigh and
in accordance with any currently effective solid waste management
plan of the Township of Lehigh. In the absence of such designated
facilities and/or such currently effective solid waste management
plan, municipal waste from the Township of Lehigh must be disposed
of at a state-permitted facility.
B.
Notice to collectors. If the Township of Lehigh designates
the disposal facilities as provided for above, all authorized collectors
and other interested persons shall be informed of the location and
other information pertaining to the designated disposal facilities
to be used for the disposal of municipal waste collected, transported,
removed, and disposed
A.
Individuals not engaged in collection. Nothing contained
herein shall be deemed to prohibit any residential property occupant
not regularly engaged in the business of collecting municipal waste
from hauling his own municipal waste on an irregular and unscheduled
basis to a state-permitted disposal facility.
B.
Farming activities. Nothing contained herein shall
prohibit a farmer from carrying out the normal activities of his farming
operation, including composting and spreading of manure or other farm-produced
agricultural waste.
C.
Hazardous and residual waste. The provisions of this
article do not apply to anything but the storage, collection, 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.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
B.
Additional remedies. In addition to the foregoing
penalty, the Township of Lehigh 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 10 days following
written notice, the Township of Lehigh may cause the solid waste to
be collected and disposed of with the costs for such actions to be
charged to the owner or occupant of the property in a manner provided
by law.
C.
Abatement. The imposition of the penalties herein
prescribed shall not preclude the Township of Lehigh from instituting
appropriate actions or proceedings to prevent the violation of this
article, to restrain, correct or abate any such violation, or to prevent
any act, conduct, business or activity constituting a violation.
This article shall be subject to all applicable
federal, state, and local laws, ordinances, rules, and regulations,
including the rules and regulations as set forth by the Department
of Environmental Protection, Commonwealth of Pennsylvania.
The headings of the sections of this article
are inserted for convenience of reference only and shall not be considered
a part hereof.
[Adopted 12-31-1992 by Ord. No. 1992-8]
A.
Title. This article shall be known as the "Lehigh
Township Mandatory Recycling Ordinance."
B.
Construction.
(1)
The various headings used throughout this article
are intended only as an aid to its organization, in order to facilitate
ease of reading, and are not to be considered a substantive part of
this article.
C.
Effective immediately, mandatory recycling shall be required for
all residential dwellings and nonresidential facilities in Lehigh
Township.
[Amended 10-12-2010 by Ord. No. 2010-10]
The following words and phrases, when appearing
in the text of this article, shall have the meaning given to them
in this section, unless the context clearly indicates otherwise:
Empty nonaerosol containers, consisting entirely of aluminum.
A person licensed and authorized by Lehigh Township to collect
and transport recyclables as part of the recycling program and shall
also collect municipal solid waste, and other waste for remuneration
in Lehigh Township.
Empty nonaerosol containers consisting of either steel only
or steel and aluminum, which were used to contain either food or beverage
or both.
Includes any paper which has a shiny or glossy finish or
appearance, resulting from treatment of the surface or application
of a coating of kaolin, clay or other chemicals. The term includes
the advertising inserts which are often intermingled or distributed
with newspapers.
The fabricated or manufactured structural unbleached paper
material with an inner core shaped in ridge parallel furrows and ridges,
with one or more outer liners, often consisting of a material known
as kraft paper, but shall not include linerboard or paperboard normally
used as cereal boxes and similar containers, nor shall it include
corrugated cardboard that is soiled or coated with wax, plastic or
foam.
The following location on the adjoining public street
or road, and where authorized collectors usually pick up garbage:
[Amended 5-13-2003 by Ord. No. 2003-1]
On or within not more than 10 feet of the curb
or curbline at the edge of the cartway, for streets or roads which
have curbs.
For streets or roads which do not have curbs,
within not more than 10 feet of the paved cartway.
As otherwise established by regulation of the
Township Board of Supervisors or Recycling Coordinator, where the
above locations are not clear or satisfactory.
The program established by the Township through its authorized
collectors to collect recyclable materials from the curbside of designated
residential establishments within the Township.
Those recyclable materials which must be separated from other
municipal waste and placed at the curbside for collection according
to the recycling regulations established and from time to time revised
by the Township.
Bottles and jars made of clear, green, or brown glass. Excluded
are plate glass, mirror glass, automotive glass, blue glass and porcelain
and ceramic products.
Any white paper of the type commonly used for letter writing,
stationery, note paper, plain paper for photocopying machines, computer
printers and other general purpose paper, whether or not any printed
or written matter is contained thereon. It does not include newspaper,
magazines, corrugated paper, or any coated paper.
The standardized containers issued and/or approved for use
by Lehigh Township residents for the purpose of collecting, storing
and placing recyclables at the curbside for collection by an authorized
collector. These containers are the property of Lehigh Township and
are to remain with the dwelling.
Includes but not be limited to automotive, truck, and industrial
batteries that contain lead.
Leaves from trees, tree trimmings, shrubbery, garden residue
or similar material. Grass clippings shall not be included in this
definition.
[Amended 10-12-2010 by Ord. No. 2010-10]
Printed matter on coated paper containing miscellaneous written
pieces published at fixed or varying intervals, also known as "periodicals,"
and includes telephone directories. Expressly excluded are newspaper
and all other paper products of any nature whatsoever.
Any four or more condominiums, apartments, or other residential
dwellings, regardless of the form of ownership, tenancy, or the physical
arrangement of the structure, which are owned under a single deed.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from 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 Pennsylvania Solid Waste Management Act[1] from a municipal, commercial or institutional water supply
treatment plant, waste water treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded are magazines, periodicals and advertising inserts printed
on coated paper which are often distributed or intermingled with newspapers.
Commercial, industrial, institutional and municipal establishments.
Nonresidential facilities shall also include events which are sponsored
either by a private entity or in whole or in part by a municipality
that will be attended by 200 or more individuals per day.
[Added 10-12-2010 by Ord. No. 2010-10]
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this article prescribing
a fine, imprisonment or penalty, or any combination of the foregoing,
the term "person" shall include the officers and directors of any
corporation or other legal entity having officers and directors.
The plastic rings or similar plastic connectors used as holding
devices in the packaging of beverages, including, but not limited
to, carbonated beverages, liquors, wines, fruit juices, mineral waters,
soda and beer.
Plastic containers of all varieties, types, and chemical
compositions of plastic.
Materials identified by the Township from time to time to
be recycled, including but not limited to the materials listed in
Section 1501 of Act 101.
[2]A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities.
The rules, regulations, standards, specifications, orders,
licenses, permits, interpretations, schedules, zones, routes, and
waivers established from time to time by the Township pursuant to
the authority of this article. Such regulations shall be deemed to
be a part of this article and included by reference as if written
herein, upon approval by the Board of Supervisors.
The act or practice of removing, taking, scattering or disturbing
recyclable materials which have been collected and assembled in containers,
whether stored on private or public property or placed by a roadway
or curb for collection.
To separate recyclable materials from municipal solid waste
for the purpose of recycling.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling. The term is limited
to clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, plastics and
other marketable grades of paper.
[Added 10-12-2010 by Ord. No. 2010-10]
Lehigh Township, a Township of the second class, located
in Northampton County, Pennsylvania, including the Board of Supervisors,
the Township staff, and others, when duly authorized to act pursuant
to this article.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed, whether municipal, residual, or hazardous waste, or otherwise.
The term does not include source-separated recyclable materials or
material approved by the Department for beneficial use.
A.
The following materials are hereby designated as "recyclable
materials" within Lehigh Township:
B.
The Board of Supervisors shall, by resolution, determine which of
the above materials are to be collected. At a minimum, residential
properties shall be required to have aluminum, glass, newsprint, and
leaf waste collected. Nonresidential properties or events shall be
required to separate and have collected aluminum, corrugated paper,
high-grade office paper and leaf waste.
[Amended 10-12-2010 by Ord. No. 2010-10]
A.
Recyclable materials. Every residential property and nonresidential establishment in Lehigh Township shall be required to separate the recyclable materials listed in § 133-15, Designation of recyclable materials, of this article, to the extent determined by the Board of Supervisors by resolution, for the purpose of recycling, from all of the other municipal solid waste and other waste generated by the person. No person may dispose of such recyclable materials with any other municipal solid waste or other waste.
[Amended 10-12-2010 by Ord. No. 2010-10]
B.
Batteries. Lead-acid batteries shall not be disposed
of or included in with any municipal solid waste or recyclable materials.
Lead-acid batteries shall be disposed only in accordance with Section
1510 of Act 101 (53 P.S. 4000.1510), and otherwise prevailing commonwealth
law regulations.
C.
Plastic beverage carriers. Plastic beverage carriers
which are not degradable shall not be used, as required by Section
1701(c) of Act 101.
D.
Other waste. All other municipal solid waste and other
waste materials, whether residual, hazardous, or otherwise, shall
be generated, stored, separated, placed, collected, and disposed in
accordance with all other applicable federal, commonwealth, county,
and Township laws, ordinances, rules, regulations, specifications,
standards, orders, permits, and licenses.
[Amended 10-12-2010 by Ord. No. 2010-10]
All persons and nonresidential establishments owning, occupying,
or operating residential establishments within Lehigh Township shall
comply with the following requirements:
A.
Separation. Separate the recyclable materials designated
for collection and maintain the materials in the separated condition
until collection by a licensed authorized collector. The separation
shall be performed by the time those materials are placed at curbside
for collection.
B.
Preparation. Prepare for recycling all of the recyclable
materials generated by that person, in accordance with the regulations
for each respective material as established by the Township, by the
time that those recyclable materials are placed for collection, and
maintain those materials in that condition.
C.
Recycling containers. Place recyclable materials in
the separate official Township recycling containers or other containers
authorized by the Township, in accordance with regulations established
by the Township. Each residential establishment shall acquire and
use the official Township recycling container for this purpose.
D.
Placement and time. The approved recycling container
shall be placed or set out at curbside, and the empty recycling container
shall be removed from the curbside, on the scheduled day for collection,
in accordance with the times and schedules established by the authorized
collector providing waste collection service to such resident.
One initial recycling container shall be provided to each residential establishment, except multifamily housing which elects to recycle in accordance with § 133-21B of this article. The Township shall have the power to require that each recycling container be identified with the residential establishment to which it is assigned.
A.
Replacement fee for additional containers. A reasonable
replacement fee for each recycling container shall be established,
to provide for the replacement of each of the Township's official
recycling containers. The amount of the replacement fee may be established
or changed from time to time by a resolution of the Township Board
of Supervisors, and shall be adequate in the amount to reimburse the
Township for the cost of purchasing a replacement for any such container.
B.
Time of purchase and payment. The replacement fee
shall be paid to the Township for all official Township recycling
containers which are supplied to residential establishments after
January 1, 1993.
C.
Loss, theft, or damage.
(1)
The owner, occupant, and operator of each residential
establishment is responsible for and shall bear the risk of loss,
theft, or damage to the official recycling container supplied for
the use of that establishment. Returns of the replacement fee may
not be made if the container is not returned for any of these reasons,
in which event the replacement fee may be retained and used by the
Township.
(2)
If any official recycling container for a residential
establishment is either lost, stolen, or damaged, the owner, occupant,
or operator shall pay a new replacement fee to the Township for replacement
in kind of the official recycling container, as otherwise specified
in this section.
(3)
No person shall damage, take, remove, deface, destroy
or use a recycling container issued or approved by Lehigh Township
or the County of Northampton for any purpose other than for approved
storage and collection of recyclable materials. All recycling containers
issued by Lehigh Township as part of the recycling program are the
property of Lehigh Township.
D.
Records by Secretary/Treasurer. The Township Secretary/Treasurer
or his designee shall establish and maintain records of the persons
who have paid replacement fees for the official Township recycling
containers; the address or location of the residential establishment
to which the containers were supplied; the amounts and dates that
the replacement fees were paid; the date and amount of any subsequent
return, loss, theft, damage, or payment of a replacement fee; and
such other information that the Secretary/Treasurer shall determine.
A.
Curbside recycling program. Each authorized collector shall collect all recyclable materials which are placed at curbside by each residential establishment, except multifamily housing which elects to recycle in accordance with § 133-21B of this article, on at least two occasions per month.
B.
Duty to collect. Each authorized collector shall collect
and transport any designated recyclable materials which have been
properly prepared, separated, and placed at curbside in time for collection
on scheduled collection day. Authorized collector shall have no obligation
to collect any materials which do not conform to this article or the
supplemental regulations to be adopted.
C.
Leaf waste. The Township shall provide a curbside leaf waste collection
during the spring and fall of each year for residential establishments.
All persons who gather leaf waste shall source separate such waste
and place it for collection at the times and in the manner specified
by the Township. Residents who gather leaf waste in different times
and manners than the curbside collection may transport their waste
to the designated Township drop-off area.
[Amended 10-12-2010 by Ord. No. 2010-10]
D.
Sale and marketing.
(1)
Recyclable materials that are collected shall be recycled
by each authorized collector.
(2)
Each authorized collector shall transport, process,
sell, market, and dispose of all recyclable materials collected by
it in any manner that such collector sees fit, provided that such
activities comport with federal and state law and with the provisions
of this article.
(3)
Each authorized collector shall establish and keep
records and report at least annually to the Township the quantity,
price and total amount of recyclable materials collected, processed,
marketed and sold.
(4)
Each authorized collector must provide written documentation
that either all recyclable materials are recycled, or that markets
for those materials do not exist.
A.
Except as set forth in this section, collection of
recyclable materials by persons not licensed by Lehigh Township is
strictly prohibited.
B.
Nothing in this article shall prohibit any resident
from donating or selling any such resident's own recyclables to any
other person, whether operating for a profit or not for profit. Nothing
in this article shall require any person to gather leaf waste nor
prevent any person from utilizing leaf waste for composting mulch,
or other agricultural, horticultural, silvicultural, gardening or
landscaping purpose.
C.
No person other than an authorized collector shall
scavenge, remove, take, scatter or disturb recyclable materials which
have:
D.
Unlawful "scavenging" shall not include the collection
or assemblage of scattered trash and debris, whether or not recyclable,
from roadsides or public property with the intent of properly disposing
of or recycling such trash and debris.
[Amended 10-12-2010 by Ord. No. 2010-10]
All multifamily housing, as defined by this
article, and nonresidential establishments shall recycle all recyclable
materials generated by either of the following methods:
A.
Contract. Each residential unit or household within
a multifamily housing complex by contracting with an authorized collector
or otherwise providing for the recycling, as defined by Act 101, of
all of the recyclable materials generated within that unit, in accordance
with this article.
B.
On-site system. Multifamily rental housing properties
may establish a collection system for recyclable materials at each
property, as required by Section 1501(c)(1)(ii) of Act 101,[1] which collection system shall consist of the following
components as a minimum:
(1)
Suitable containers for collecting and sorting materials.
(2)
Easily accessible locations for the containers.
(3)
Written instructions to the occupants concerning the
use and availability of the collection system.
(4)
The Township may establish regulations defining compliance
with these requirements.
(5)
Owners, landlords, and agents of owners and landlords,
who comply with this subsection shall not be liable for the noncompliance
of the occupants of their buildings.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
C.
Removal of leaf waste shall be the responsibility of the owner.
[Added 10-12-2010 by Ord. No. 2010-10]
D.
All property owners/occupants under this section shall complete an
annual recycling report provided by the municipality. Failure to submit
such report shall be considered a violation of this article.
[Added 10-12-2010 by Ord. No. 2010-10]
Any authorized collector contracted, engaged,
or hired for the collection of recyclables, municipal solid waste,
or other waste in the Township shall comply with the following requirements:
A.
Licensing. Every authorized collector shall be licensed
by Lehigh Township and shall not collect recyclables, municipal solid
waste, or other waste in the Township unless and until a collector's
license is secured. Such license shall be summarily revocable by the
Township for failure by the authorized collector to comply with the
terms of this article.
B.
Compliance with laws. Every authorized collector shall
comply with this article, Act 101, and all other applicable laws and
regulations.
C.
Separation. Every authorized collector shall keep
the several types of recyclable materials which are designated for
collection and collected separate from each other, unless the collector
can demonstrate in writing that a market exists for the commingled
recyclable materials.
D.
Recycling. Every authorized collector shall either:
E.
Recycling program. Effective January 1, 1993, each
authorized collector collecting recyclables, municipal solid waste,
or other waste in the Township shall commence the collection of recyclable
materials in strict accordance with the provisions of this article
and any accompanying regulations. Collection shall be pursuant to
such rules and regulations as the authorized collector shall reasonably
prescribe. Each authorized collector shall provide copies of any such
rules and regulations, together with its pickup schedules, to the
Township for approval by the Township prior to implementation.
F.
Annual reports. Every authorized collector shall submit
annual reports to the Township. Reports shall be submitted by February
1 of each year. Each report shall state for that reporting period:
[Amended 10-12-2010 by Ord. No. 2010-10]
(1)
The quantity in tons of each recyclable material collected by that
collector in the Township. Residential tonnage and nonresidential
tonnage shall be reported separately.
(2)
The total quantity in tons of all garbage, trash,
and refuse collected by that collector in the Township; and
(3)
To whom or where and how each recyclable material
was sold or delivered for processing or recycling.
G.
Reporting noncompliance. Every authorized collector
shall report to the Township all instances of apparent noncompliance,
with either this article or Township regulations, within 72 hours
of becoming aware of such noncompliance.
A.
Regulations. The Township Board of Supervisors may,
from time to time, establish regulations for the following parts of
the Township's Recycling Program (or otherwise), as the Board shall
deem appropriate, which regulations shall become effective five days
after adoption:
(1)
Plastic containers. Varieties, types, and chemical
compositions to be collected for the Township's curbside recycling
program or otherwise disposed in municipal solid waste.
(2)
Preparation of recyclable materials for recycling.
(3)
Separating, placing or combining recyclable materials
in the official Township recycling bins.
(4)
Exact locations for curbside pickup, where those locations
are not established or are otherwise unsatisfactory.
(5)
Zones, routes, and schedules for collection days.
(6)
Times to set out and bring in the official Township
recycling bins.
Any person seeking to establish a recycling facility within the boundaries of the Township must first obtain all necessary approvals in accordance with the terms and conditions of the state laws and Chapter 180, Zoning, as subsequently amended from time to time.
The Township Board of Supervisors or its designee
shall be responsible for monitoring and enforcing compliance with
this article and regulations.
B.
Incentives.
(1)
The Township Board of Supervisors or its designee
shall have the power to establish incentives to promote compliance
with this article, as may be appropriate from time to time, and such
designee shall report at least annually to the Board of Supervisors
on the incentives which have been established, and when and to whom
those incentives have been granted.
(2)
Procurement options. The Township may utilize the
provisions of Act 101's Section 1507, Procurement Procedures for Local
Public Agencies, and Section 1508, Procurement Options for Local Public
Agencies and Certain Commonwealth Agencies, if the Township elects
to do so.
