[Adopted 3-12-2013 by Ord. No. 2013-02]
This article shall be known and may be cited as the "Recyclable
Collection Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of steel and
aluminum.
Those properties used primarily for commercial or industrial
purposes.
Structural paper material with inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated steel food or beverage containers.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products, pyrex, coffee mugs, drinking glasses or light bulbs.
All white paper, bond paper, copy paper and computer paper
used in commercial, institutional and municipal establishments and
in residences.
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers and nursing homes.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
Any properties having six or more dwelling units per structure.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous materials resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual waste or hazardous
waste in Act 97[1] and Act 101[2] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility, but excluding source-separated recyclables.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons 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 word "person" shall mean the officers and directors of any corporation
or other legal entity having officers and directors.
Empty PET (soda) plastic bottles and for HDPE (laundry detergent
bottles and/or plastic milk containers) plastics, polyvinyl chloride
(PVC), low-density polyethylene (LPDE), polyproplene (PP), polystyrene
(P.S.) and other multilayered plastics including, but not limited
to, plastic bottles used as containers for soda, milk and other consumer
food products and for certain household cleaning products and personal
care products.
Any state or local public agency.
Any collector registered pursuant to this article and other
regulations established by resolution adopted hereunder, and pursuant
to any intermunicipal agreement subsequently executed by Upper Hanover
Township with Montgomery County or any other municipality.
Only those materials required to be recycled, pursuant to
the provisions of regulations established by resolution adopted hereunder,
as revised from time to time.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons whatsoever which is recognized by law as the subject
of rights and duties, which owns, leases or occupies a property located
in Upper Hanover Township used as a residence and containing five
or less dwelling units.
Materials that are separated from municipal waste at the
point of origin, being home, residence, apartment, business, industry,
etc., for the purpose of recycling.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste. It shall
be presumed that the containment of any municipal waste in excess
of one year constitutes disposal.
Recyclable materials for the Township collection program shall
consist of such materials as may be designated by resolution adopted,
from time to time, by the Board of Supervisors of Upper Hanover Township.
All persons residing within the Township of Upper Hanover, whether
in single-family or multifamily dwellings, townhouses or apartments,
shall separate from other municipal waste generated at their dwellings
all recyclable materials. These materials shall be stored until collection
thereof by their recyclable collector, at times and dates as set forth
by the Township in subsequently promulgated regulations. The Township,
from time to time, hereafter by resolution, may designate other items
to be recycled.
All persons residing within the Township of Upper Hanover, as
aforesaid, shall at all times separate from other municipal waste
generated at their dwellings all leaf waste so generated, which shall
be collected at such times that the Township, by resolution and notice,
indicates that such a leaf waste is to be collected, unless these
persons have otherwise provided for the composting of such leaf waste.
A.
The owners and/or landlords (and/or agents thereof) of multifamily
housing properties and mobile home parks shall comply with the requirements
of this article by establishing a collection system for recyclable
materials at each such property. The collection system must include
suitable containers for the collecting and sorting of said recyclable
materials; easily accessible locations for the containers; and written
instructions to the occupants concerning the use of said collection
system. Owners, landlords and their agents shall not be liable for
the noncompliance of occupants of their buildings.
B.
The owners and/or landlords (and/or agents thereof) of multifamily
rental housing properties and mobile home parks shall establish a
system for the collection of recyclable materials and leaf waste and
arrange for the removal of such materials to a center for recyclable
materials. Leaf waste shall be collected and transported to a composting
facility or leaf mulching operation as may be designated by the Township
by resolution or notice.
All persons owning, leasing, operating, managing and/or otherwise
controlling commercial, municipal or institutional establishments
or community activities shall separate high-grade office paper, aluminum,
corrugated paper and leaf waste; collect the same; and arrange for
the removal of such materials to a center for recyclable materials.
Annual reports, in writing, of the number of tons of such material
recycled shall be made to the Township by the 30th day of January
of the following year.
All recyclable materials and leaf waste shall be collected by
a licensed, Township-authorized recyclable collector who is contracted
by each resident and/or property owner. The Township, by resolution
of the Board of Supervisors, from time to time, will establish a schedule
when recyclable materials are to be placed at curbside, or other designated
location, for collection. These materials must be set out for collection
in accordance with rules and regulations adopted by the Township.
Persons owning, leasing, operating or managing commercial, institutional
or municipal establishments within the boundaries of the Township,
who have provided for, or who hereafter provide for, the recycling
of materials required to be recycled by the terms of this article,
or by the terms of the Municipal Waste Planning, Recycling and Waste
Reduction Act[1] of the Commonwealth, are hereby exempt from the terms
of this article. To be eligible for the foregoing exemption, a commercial,
institutional or municipal establishment generating recyclable materials
must annually provide written documentation to the Township of the
total number of tons recycled by the 30th day of January of each year.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
Recyclable materials, from the time of the placement of same
at curbside or other designated collection area in accordance with
the terms hereof or of subsequently adopted regulations, shall be
and become the property of the respective recyclable collector. Prior
thereto, said recyclable materials shall remain the property of the
person who generated the same. It shall be a violation of this article
for any person not so authorized by the Township to act as its agent
or agents for the collection of the recyclable materials.
A.
Registration. Every person desiring to engage in, continuing to engage
in or hereafter to begin to engage in the business of collecting,
removing, transporting or hauling recyclable materials from any property
in Upper Hanover Township shall first register with the Township.
Such registration shall be for a period of one year, beginning January
1 of the year in which the registration occurs.
B.
Collection equipment and transportation vehicles. Recyclable collectors
may only use vehicles for the collection of recyclable materials in
which the recyclable materials are separately collected in accordance
with other regulations adopted hereunder. 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. The recyclable materials
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 clean and sanitary condition.
C.
Certificate of insurance. No person shall be entitled to register
with the Township as a recyclable collector unless such recyclable
collector 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 be, from time to time, set forth by the Board of Supervisors
of Upper Hanover Township by regulations established by resolution
adopted hereunder. 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
convey to Upper Hanover Township, by certified mail, written notice
of any modification, alteration or cancellation of any such policy
or policies or the terms thereof. The above mentioned written notice
shall be mailed to the Township at least 30 days prior to the effective
date of any such modification, alteration or cancellation.
D.
Collection procedures. Recyclable collectors shall collect recyclable
materials and leaf waste in accordance with this article. Recyclable
collectors shall deliver leaf waste collected to a Pennsylvania Department
of Environmental Protection approved facility. Recyclable collectors
shall not collect municipal waste of any resident where it is obvious
that recyclable materials have not been separated pursuant to this
article.
E.
Rate schedule. Each recyclable collector shall, annually, file with
the Township a rate schedule showing the rates to be charged to its
customer for the collection of recyclable materials. Such rate schedule
shall not be changed by the recyclable collector without first giving
notice to the Township at least 30 days prior to the effective date
of such change. Each recyclable collector shall also file with the
Township, annually, or upon change of rates, a map showing the areas
of the Township in which it operates and a timetable setting forth
the days of collection.
F.
Registration fee. At the time of registration, the recyclable collector
shall pay to the Township a registration fee in an amount and form
as may be adopted, from time to time, by resolution of the Board of
Supervisors of Upper Hanover Township.
G.
Reporting. Each recyclable collector shall be responsible for obtaining
all weight and volume quantity data. Such data shall be supplied to
the Township on a quarterly basis, and the fourth-quarter data shall
be supplied to the Township by January 15 for the preceding year,
so that the Township may submit reports in accordance with Act 101[1] and other applicable laws and submit applications for
recycling performance grants.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
H.
Bins. In single-family areas of the Township one container will be
provided by the recyclable collector for the collection of all recyclable
materials.
No vehicle intended for the collection of recyclable materials
shall operate on any street, roadway, cartway, public thoroughfare
or highway while not in its normal course of collection for customers
or constituents within the Township. Such vehicles shall not operate
on streets, highways or roadways between 10:00 p.m. and 6:00 a.m.
the following day on a weekday or between 9:00 p.m. and 8:00 a.m.
the following day on a weekend day or legal holiday.
No vehicle transporting, transferring or delivering recyclable
materials shall operate on any street, roadway, cartway, public thoroughfare
or highway with the intention of delivering the recyclable materials
therein to a site or facility situate within the perimeters of the
Township except as may be established as follows:
A.
Access to the site or facility shall be limited to normal operating
hours of that facility in all circumstances as hereinafter otherwise
specifically identified.
B.
No vehicle transporting, transferring or delivering recyclable materials
to a facility designed to accept the same shall operate on any of
the streets, highways or roadways between 10:00 p.m. and 6:00 a.m.
the following day on a weekday or between 9:00 p.m. and 8:00 a.m.
the following day on a weekend day or legal holiday. No vehicle of
any type shall operate to transport, transfer or deliver recyclable
materials to such a site at any other time, nor shall any vehicle
be parked or staged on any street, highway or roadway in anticipation
of the opening of such facility except in compliance with this article.
C.
The hours of operation and other regulations or restrictions regarding
of such vehicle and access to the site or facility shall be prominently
displayed on a sign at the entrance to any such facility, said sign
having the minimum dimensions of three feet in width by four feet
in height with lettering thereof to be legible from the nearest road
surface thereto or at a distance of 50 feet, whichever distance is
greater.
A.
All events (i.e., fairs, concerts, sporting events, etc.) conducted
in whole or in part within the Township shall provide for the collection
of recyclable materials.
B.
Nothing contained herein shall impair or prohibit any recognized
civic, fraternal, charitable or benevolent organization, association
or society from undertaking or sponsoring voluntary programs or projects
involving the collection of recyclables from the public as a fund
raiser so long as the collection of such recyclable materials are
deposited with a Pennsylvania Department of Environmental Protection
approved facility. Any such collection activity can only occur prior
to the recyclable material being placed at curbside or similar location
for collection by an authorized collector. Prior to initiating such
activity the organization shall obtain authorization from the Township.
Nothing herein shall be deemed to prohibit any person from donating
or selling any recyclable materials to individuals or organizations
unless or until they are placed at curbside or similar location for
collection by a recyclable collector.
A.
It shall be unlawful for:
(1)
Any persons, other than those persons authorized, to collect any
recyclable material which has been placed at the curbside or similar
location for collection.
(2)
Any person to place, or cause to be placed, any materials other than
a recyclable material in recycling containers.
(3)
Any person to collect any recyclable material in a manner not consistent
with this article or the regulations promulgated hereunder.
(4)
Any person to hinder, to obstruct, to prevent or to interfere with
the Township or any other authorized person in the performance of
any duty under this article.
B.
Any person who shall violate the provisions of this article shall
receive an official written notice of noncompliance from the Township
for the first and second offenses. Thereafter, all such violations
shall be subject to penalties hereunder provided.
The collection of recyclable materials by recyclable collectors
shall be made in compliance with the regulations to be adopted by
the Board of Supervisors of Upper Hanover Township to carry out the
intent and purpose of this article. Such rules and regulations shall
be approved by resolution of the Board of Supervisors of Upper Hanover
Township; and, when so approved, shall have the same force and effect
as the provisions of this article. The said rules and regulations
may be amended, modified or replaced by resolution of the Board of
Supervisors of Upper Hanover Township.
A.
Enforcement notice. If it appears to the Township that a violation
of the article has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice as provided in this section.
The enforcement notice shall be sent to the violator and, if applicable,
the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record. An enforcement notice shall state
at least the following:
(1)
The name of the violator and, if applicable, the owner of record
and any other person against whom the Township intends to take action.
(2)
The location of the violation and, if applicable, the property in
violation.
(3)
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this article.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Board
of Supervisors and/or Zoning Hearing Board in accordance with the
ordinances of the Township and statutes of the Commonwealth of Pennsylvania.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation, with possible sanctions clearly described.
B.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this article shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before the local Magisterial District Justice,
pay a judgment of not less than $25 nor more than $600 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
Magisterial District Justice. If the defendant neither timely pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues or each section of this article which shall
be found to have been violated shall constitute a separate violation.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action or enforcement pursuant to this section. Magisterial
District Justices shall have initial jurisdiction over proceedings
brought under this section.
The Township may, from time to time, modify, add to or remove
from the standards and regulations herein.
To the extent the provisions of this article are inconsistent
with any other Township ordinance, resolution or regulation, the provisions
of this article shall govern.
