Township of Plumstead, PA Chapter 20 Solid Waste

Part 1 MUNICIPAL WASTE AND RECYCLABLES

§ 20-101 Definitions; Word Usage.

[Ord. 2007-04, 8/7/2007]

1. The following words and phrases, as used in this Part, shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning:

ACT 90

The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596, No. 90, June 29, 2002).[1]

ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[2]

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[3]

COLLECTOR or WASTE HAULER

Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste and/or source-separated recyclable materials.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, offices, restaurants, shopping centers and theaters.

COUNTY

The County of Bucks, Pennsylvania.

DEPARTMENT or PADEP

The Pennsylvania Department of Environmental Protection.

DISPOSAL

The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air, or is discharged to the waters of this commonwealth. "Disposal facilities" include but are not limited to municipal waste landfills and construction/demolition waste landfills, as defined by Act 101, Act 97,[4] and/or PADEP rules and regulations (e.g., 25 Pa. Code Chapters 75 and 271).

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or production activities, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.

INSTITUTIONAL ESTABLISHMENT

Any establishment or facility engaged in services, including but not limited to hospitals, nursing homes, schools and universities.

LEAF WASTE

Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.

LICENSED COLLECTOR or LICENSED WASTE HAULER

Any collector or hauler of vegetative waste, municipal waste and/or source-separated recyclables possessing a current license issued by the PADEP.

MUNICIPALITY

Plumstead Township, Bucks County, Pennsylvania.

MUNICIPAL WASTE

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" under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include any source-separated recyclable materials.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government agency, state institution or agency, or any other legal entity recognized by law as the subject of rights and duties. In any provisions of this Part 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.

PROCESSING

Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such materials for off-site reuse. "Processing facilities" include but are not limited to transfer facilities, recycling facilities, composting facilities and resource recovery facilities.

RECYCLING

The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste, or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable material other than a fuel for the operation of energy.

SCAVENGING

The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a processing or disposal facility.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Materials, including leaf wastes, that are separated from municipal waste at the point of origin or generation for the purpose of recycling.

TRANSPORTATION

The off-site removal of any municipal waste at any time after generation.

[1] Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.

[2] Editor's Note: See 35 P.S. § 6018.101 et seq.

[3] Editor's Note: See 53 P.S. § 4000.101 et seq.

[4] Editor's Note: See 53 P.S. § 4000.101 et seq., and 35 P.S. § 6018.101 et seq., respectively.

2. For the purposes of this Part, the singular shall include the plural, and the masculine shall include the feminine and neuter.

§ 20-102 Prohibited Activities.

[Ord. 2007-04, 8/7/2007]

1. It shall be unlawful for any person to collect leaf waste or municipal waste or source-separated recyclable materials from any residential, public, commercial, industrial or institutional establishment within Plumstead Township without first securing the necessary approvals of the PADEP.

2. It shall be unlawful for any person to collect and/or transport source-separated recyclables, leaf waste or municipal waste or source-separated recyclable materials from any sources within Plumstead Township in a manner not in accordance with the provisions of this Part, any applicable municipal ordinance, the Bucks County Municipal Waste Management Plan, Act 101, the minimum standards and requirements established in Chapter 285 of the PADEP's Municipal Waste Management Regulations (25 Pa. Code Chapter 285), and/or any federal, state or local regulations.

3. It shall be unlawful for any person to scavenge any material from any municipal waste or source-separated recyclable materials that are stored or placed for subsequent collection within Plumstead Township without prior approval from the municipality.

4. It shall be unlawful to dump, destroy, burn or otherwise dispose of municipal waste or source-separated recyclable materials within the Township, except at an approved disposal site. This prohibition shall not extend to the composting of leaf waste.

[Added by Ord. 2010-07, 9/21/2010]

§ 20-103 Standards for Collection and Transportation.

[Ord. 2007-04, 8/7/2007]

All collectors or waste haulers operating within Plumstead Township must comply with the following minimum standards and regulations:

1. All trucks or other vehicles used for collection and transportation of municipal waste and/or source-separated recyclable materials must comply with the requirements of Act 97 and Act 101 and Department regulations adopted pursuant to Act 97 and Act 101, including the 25 Pa. Code Chapter 285, Subchapter B,[1] regulations for the collection and transportation of municipal waste or source-separated recyclable materials.

[1] Editor's Note: See 35 P.S. § 6018.101 et seq., 53 P.S. § 4000.101 et seq., and 25 Pa. Code § 285-201 et seq., respectively.

2. All collection vehicles conveying municipal waste, leaf waste, and/or source-separated recyclable materials shall be operated and maintained in a manner that will prevent creation of a nuisance or a hazard to public health, safety and welfare.

3. All collection vehicles conveying putrescible municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors and the creation of odors and other nuisances.

4. All collection vehicles conveying nonputrescible municipal waste, leaf waste, and/or source-separated recyclable materials shall be capable of being enclosed or covered to prevent litter and other nuisances.

5. All collection vehicles conveying municipal waste, leaf waste, or source-separated recyclable materials shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of material transported by the vehicle. All such signs shall have lettering which is at least six inches in height as required by Act 101.

6. All licensed collectors or licensed waste haulers shall offer to their residential customers commingled recyclables collection service as a part of the normal collection fee for residential trash collection. This requirement shall apply regardless of whether the customer pays on a flat fee basis or per bag basis. Recyclables collection shall include, at a minimum, the following commodities: newspaper, clear and colored glass, aluminum, steel and bimetallic cans, and Number 1 and Number 2 plastic. Recyclables shall be collected from each residential customer at a minimum of biweekly. All recyclables shall be delivered to a recycling facility as defined in Act 101 or shall be marketed by the hauler.

7. All licensed collectors or licensed waste haulers shall make available recyclables collection service, as outlined in Subsection 6 (immediately above), to noncustomers and may charge therefor on a fee-for-service basis.

8. All licensed collectors or licensed waste haulers shall provide to their residential customers large item pickup on a regular or as needed basis.

9. Each licensed collector, waste hauler or collector and hauler of source-separated recyclable materials operating in the Township shall provide for at least one collection of leaves, garden residue, and similar vegetative materials monthly.

10. Each licensed collector, waste hauler, or collector and hauler of source-separated recyclable materials operating in the Township shall provide for at least one collection of shrubbery, tree trimmings and similar vegetative materials monthly. This collection is not to be combined with the collection of leaf waste required by Subsection 9 above but shall be a separate collection.

11. Each licensed collector, waste hauler, or collector and hauler of source-separated recyclable materials operating in the Township shall provide for at least one collection of Christmas trees between January 7 and January 31 of each year.

12. Collections shall be made from all properties throughout the Township, including all streets, accepted or otherwise, and including those streets that are temporarily closed for repairs or construction. In the latter case, special collection points shall be designated by the Board or its designee if the condition of the street would prevent access thereto by the collector's truck.

13. The licensed collector, licensed waste hauler, or collector and hauler of source-separated recyclable materials shall collect garbage, paper, ashes, trash, rubbish, recyclables, leaf waste, shrubbery, Christmas trees, tree trimmings, and similar vegetative materials throughout the Township on routes and according to schedules approved by the Board or its designee. Schedules shall be distributed to all customers and the Township.

14. Collections shall not be made on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day.

15. Collections shall be made at those hours mutually agreed upon between the authorized collector and the Board or its designee. Hours agreed upon shall be so indicated within the collection contracts.

16. Each truck shall have at least one broom and one shovel to clean up refuse that may be spilled or otherwise scattered during the process of collection and transportation.

17. The collector, at his expense, shall store and park the equipment at a convenient and lawful place. No trucks or equipment may be parked or stored on Township streets or roadways, except during actual collection periods.

§ 20-104 Requirements.

[Ord. 2007-04, 8/7/2007]

1. No person shall collect or remove and then subsequently haul or transport any municipal waste or source-separated recyclable material through or upon the streets of Plumstead Township without first obtaining written authorization from the PADEP in accordance with the provisions of Act 90.[1] This section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste or recyclables to approved facilities or recyclables to recycling centers, nor to farmers, landscapers or nurserymen who collect, remove, haul or otherwise transport agricultural or other organic waste associated with their respective business activities.

[1] Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.

2. Each licensed waste hauler or collector shall dispose of all municipal waste at a facility or facilities approved by the PADEP or a facility approved by a state other than Pennsylvania.

3. For a collector or waste hauler to collect and transport municipal waste within Plumstead Township, a collector or waste hauler shall submit a registration form to Plumstead Township which shall include a copy of their state-issued written authorization, and a copy of their Municipal and Residual Waste Transporter Authorization Application (PADEP Form 2500-PM-BWM0015), along with any of the following information that may be deemed appropriate by Plumstead Township:

A. A list of collection vehicles covered under the written authorization, including, as a minimum, the following information for each vehicle: identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number), date and location of most recent vehicle inspection, and hauling capacity of the vehicle.

B. The type of municipal waste to be collected and transported.

C. If they are hauling or collecting source-separated recyclable materials in the municipality, identify the materials being hauled or collected and provide the following information for each vehicle: identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number), date and location of most recent vehicle inspection, and hauling capacity of the vehicle.

4. Any person who fails to satisfy the minimum standards and requirements of this Part or is in violation of the provisions of this Part may not lawfully collect municipal waste or source-separated material in Plumstead Township.

5. All licensed collectors and licensed waste haulers shall meet the requirements of Act 90, Act 97, Act 101, the Bucks County Municipal Waste Management Plan, and all PADEP rules and regulations (25 Pa. Code Chapter 285).

§ 20-105 Reporting Requirements.

[Ord. 2007-04, 8/7/2007]

1. All licensed collectors, licensed waste haulers, and collectors and haulers of source-separated recyclable materials shall promptly report any significant changes in the collection vehicles or equipment covered under the license and any changes in insurance coverage to the municipality.

2. All licensed collectors, licensed waste haulers, and collectors and haulers of source-separated recyclable materials shall maintain current, up-to-date records of the collected municipal waste and/or source-separated recyclable material within Plumstead Township. Such records and collected volume reports shall be subject to review by and shall be made available to the municipality or its authorized agents upon written request.

3. All licensed collectors, licensed waste haulers, and collectors and haulers of source-separated recyclable materials operating within Plumstead Township shall document the origin of leaf waste and municipal waste and source-separated recyclable material and the ultimate disposal point of said waste and recyclables. As part of the program, each licensed collector, licensed waste hauler, and collector and hauler of source-separated recyclable materials shall prepare and submit a semiannual report to Plumstead Township. The report for the first half of the year (January through June) shall be submitted on or before July 31, and the report for the second half of the year (January through December) shall be submitted by January 31 of the following year. At a minimum, the following information shall be included in each report:

A. The total weight of municipal waste, leaf waste and source-separated recyclable materials collected from all sources within the municipality during each month of reporting period.

B. The name of each processing and/or disposal facility used during the reporting period and the total weight of municipal waste, leaf waste and/or source-separated recyclable materials delivered to each facility during each month of the reporting period.

C. Any other information determined to be necessary to demonstrate municipal compliance with PADEP regulations.

4. All semiannual reports submitted to the municipality from licensed collectors, licensed waste haulers, and collectors and haulers of source-separated recyclable materials shall be submitted by the municipality to the county by August 31 (covering January through June) and by February 28 of the following year (covering July through December).

§ 20-106 Violations and Penalties.

[Ord. 2007-04, 8/7/2007]

Any person who violates any provision of this Part shall, upon conviction at a summary proceeding, be sentenced to pay a fine to the use of Plumstead Township of up to but not more than $1,000, together with costs of prosecution, or be imprisoned for a period of not more than 90 days, or both. Each day of violation shall be considered as a separate offense.

§ 20-107 Injunctive Powers.

[Ord. 2007-04, 8/7/2007]

Plumstead Township may petition the Bucks County Court of Common Pleas for an injunction, either mandatory or prohibitive, in order to enforce any of the provisions of this Part.

§ 20-108 Duties of Owners and Occupants of Property.

[Ord. 2007-04, 8/7/2007]

1. No person shall permit any refuse to accumulate for a period of longer than seven days upon property in the Township owned or occupied by said person.

2. Recyclables and leaf waste shall be separated from municipal waste to minimize contamination. Municipal waste shall not be placed in containers used for recycling.

3. All refuse or recyclables accumulated upon any property in the Township shall be collected, conveyed and disposed of by licensed collectors, licensed waste haulers, or collectors and haulers of source-separated recyclable materials in accordance with the provisions of this Part, except that such refuse or recyclables may be collected, conveyed and disposed of by property owners from their own property, provided that they comply with the provisions of this Part pertaining to refuse containers and vehicles, and provided that they remove their refuse to a state- or county-approved site.

4. All commercial, industrial, institutional and residential establishments in the Township shall be required to contract with an authorized collector or waste hauler for the disposal of municipal waste. The Township may require evidence of a contract from any licensed collector or waste hauler, which evidence shall be deemed conclusive evidence that an establishment has contracted to properly dispose of its municipal waste. This provision shall take effect within 90 days of the adoption of this Part. Failure to comply shall subject the violator to the penalties of § 20-106 herein.

5. It shall be unlawful for any person to collect and/or dispose of any refuse within the Township, except as provided in this Part.

Part 2 WASTE REDUCTION AND RECYCLING

§ 20-201 Definitions.

[Ord. 2007-04, 8/7/2007]

As used in this Part, the following terms shall have the meanings indicated:

ALUMINUM CANS

Empty, all-aluminum beverage and food containers.

BIMETAL CONTAINERS

Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.

COMMERCIAL ESTABLISHMENT

An establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers, and theaters.

COMMUNITY ACTIVITIES

Events that are sponsored in whole or in part by a mandated municipality or conducted within a mandated municipality and sponsored privately, which include but are not limited to fairs, bazaars, socials, picnics, and organized sporting events that will be attended by 200 or more individuals per day.

COMPOSTING

A controlled microbial degradation of organic waste to produce a relatively nuisance-free product of potential value as a soil conditioner.

CORRUGATED PAPER

Any structural paper material with an inner core shaped in rigid parallel furrows and ridges.

FERROUS CONTAINERS

Empty steel or tin food or beverage containers.

GLASS CONTAINERS

Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.

HIGH-GRADE OFFICE PAPER

Any bond, copier, letterhead or mimeograph paper typically sold as white ledger paper and computer paper.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.

INSTITUTION ESTABLISHMENT

Any establishment or facility engaged in services, including but not limited to hospitals, nursing homes, orphanages, schools, and universities.

LEAF WASTE

Leaves, garden residues, shrubbery, and tree trimmings, and similar materials, but not including grass clippings.

LICENSED COLLECTOR or LICENSED WASTE HAULER

Any collector or hauler of vegetative waste, municipal waste and/or source-separated recyclables possessing a current license issued by the Township.

MAGAZINES and PERIODICALS

Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.

MULTIFAMILY RESIDENCE

Any occupied residential structure having in excess of four dwelling units per structure, including, without limitation, apartments, townhouses, condominiums, and cooperatives.

MUNICIPAL ESTABLISHMENT

Any facility or building owned or operated by a local government or county government, local government or county government authority, state government or agency, or federal government agency.

MUNICIPAL WASTE

Any garbage, refuse, industrial, lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial, or institutional establishments and from community activities, and any sludge not meeting the definition of "residual or hazardous waste" in the Solid Waste Management Act,[1] from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.

NEWSPAPERS

Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers that have been soiled.

PERSON

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 Part 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.

PLASTIC CONTAINERS

Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic that may be recycled.

RECYCLABLE MATERIALS

Those materials specified by the municipality to be recycled. This list of materials is specified in the recycling regulations resulting from this Part, is designated in § 20-203 hereof, and may be revised from time to time as deemed necessary by the municipality.

RECYCLING

The collection, separation, recovery, and sale or reuse of metals, glass, paper, leaf waste, plastics, and other materials which would otherwise be disposed of or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials, other than a fuel for the operation of energy.

RESIDENCE

Any occupied single-family or multifamily dwelling, having up to four dwelling units per structure, from which a municipal or private hauler collects solid waste.

SOLID WASTE

All refuse, garbage and rubbish, and other discarded solid material normally collected by municipal or private haulers.

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 20-202 Program Established.

[Ord. 2007-04, 8/7/2007]

There is hereby established a program requiring the separation from municipal waste of recyclable materials and leaf waste generated at residences, multifamily residences, commercial, municipal and institutional establishments, and community activities.

§ 20-203 Separation of Recyclables; Placement for Disposal.

[Ord. 2007-04, 8/7/2007]

1. Residences. Designated recyclable materials generated at residences shall be placed at the curb, separate from municipal waste, for collection at such times and dates and from such containers as may be established by regulation or at a minimum once a month. Designated recyclable materials for residences are aluminum cans, glass containers, leaf waste, bimetal containers, Number 1 and Number 2 plastic containers, corrugated paper, and newspaper.

2. Multifamily Residences. Recyclable materials generated at multifamily residences shall be placed in appropriate containers, separate from municipal waste. Collection receptacles of sufficient size for recyclable materials shall be placed in easily accessible locations, such as storage areas or areas where municipal waste is presently collected. Recyclable materials shall be stored in accordance with state fire code regulations and all federal, state and local health and safety laws and ordinances until collection. Recyclable materials shall be collected at least once per month. Designated recyclable materials for multifamily dwellings are aluminum cans, bimetal containers, leaf waste, glass containers, Number 1 and Number 2 plastic containers, corrugated paper, and newspaper.

3. Commercial, Municipal and Institutional Establishments and Community Activities. The owners/operators of commercial, municipal or institutional establishments or sponsors/organizers of community activities shall separate designated recyclable materials from municipal waste. Recyclable materials shall be placed in appropriate containers. Collection receptacles shall be placed in all buildings, in all floors and wings thereof, in each office, and in all areas where food is served or consumed, including, without limitation, cafeterias, lunchrooms, fast-food areas, and vending machine rooms. Recyclable materials shall be stored in accordance with state fire code regulations and all federal, state or local health and safety laws and ordinances until collection. Recyclable materials shall be collected at least once per month.

A. Designated recyclable materials for commercial, municipal or institutional establishments and community activities are aluminum cans, bimetal cans, high-grade office paper, glass containers, Number 1 and Number 2 plastic containers, and corrugated paper.

B. Exemption. Owners/operators of commercial, municipal, or institutional establishments may obtain an exemption from the requirements of this Part if those persons/establishments otherwise provide for recycling high-grade office paper, aluminum cans, corrugated paper, glass containers, leaf waste, and any other materials that such establishments are required to recycle. To qualify for an exemption under this subsection, commercial, institutional, and municipal establishments must provide written documentation on or before January 20 for the previous calendar year. This documentation may be in the form of one of the following:

(1) Copies of weight receipts or statements which consolidate such information.

(2) A report from the provider of recycling collection services which identifies the amount of each material collected and marketed. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its source-separated materials. Where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.

§ 20-204 Collectors; Haulers.

[Ord. 2007-04, 8/7/2007]

1. All municipal waste, recyclable materials, and leaf waste accumulated at residences, multifamily residences, commercial, institutional, and municipal establishments, and at community activities shall be collected, conveyed and disposed of only by collectors/haulers. When approved by the municipality, commercial, institutional, or municipal establishments may collect, convey, and dispose of municipal waste and/or recyclable material generated by said establishments.

2. All licensed collectors, waste haulers and collectors and haulers of source-separated recyclable materials shall comply with the reporting requirements of § 20-105.

3. All licensed collectors, waste haulers and collectors and haulers of source-separated recyclable materials in the municipality shall schedule at least one day a month during which separated materials are to be placed at the curbside or a similar location for collection.

4. Each licensed collector, waste hauler or collector and hauler of source-separated recyclable materials operating in the Township shall provide for at least one collection of leaves, garden residue, and similar vegetative materials between March 1 and October 1 of each year.

5. Each licensed collector, waste hauler, or collector and hauler of source-separated recyclable materials operating in the Township shall provide for at least one collection of shrubbery, tree trimmings, and similar vegetative materials between March 1 and October 1 of each year.

6. Each licensed collector, waste hauler, or collector and hauler of source-separated recyclable materials operating in the Township shall provide for at least one collection of Christmas trees between January 7 and January 31 of each year.

§ 20-205 Enforcement and Administration.

[Ord. 2007-04, 8/7/2007]

The Board of Supervisors is authorized and directed to enforce this Part. The same is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days, and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this Part. The Board of Supervisors may change, modify, repeal, or amend any portion of said rules and regulations at any time.

§ 20-206 Violations and Penalties.

[Ord. 2007-04, 8/7/2007]

1. Any person who shall fail, neglect, or refuse to comply with any of the terms or provisions of this Part or of any regulation promulgated pursuant hereto pertaining to the separation, storage, collection, transportation, or disposal of recyclable materials or municipal waste shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this Part that is violated shall also constitute a separate offense.

[Amended by A.O.]

2. Notwithstanding the foregoing, any person who violates this Part by collecting or picking up or causing to be collected or picked up, without the appropriate municipal license, recyclable materials shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this Part that is violated shall also constitute a separate offense.

[Amended by A.O.]

3. Owners, landlords and agents for owners or landlords who comply with this Part shall not be liable for the noncompliance of tenants/occupants of their property.

§ 20-207 Agreements with Collectors.

[Ord. 2007-04, 8/7/2007]

The Board of Supervisors may enter into agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.

§ 20-208 Alternative Collection of Recyclables.

[Ord. 2007-04, 8/7/2007]

Any person may donate or sell recyclable materials to individuals or organizations that are licensed or authorized by the municipality in its recycling regulations. These materials must either be delivered to the individual's or organization's site or they may be placed at the curb for collection by said individual or organization on days not indicated as recyclable material collection days by the municipality. Said individuals or organizations may not collect recyclable materials on or immediately preceding (within 24 hours) a regularly scheduled curbside collection day.