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:
CORRUGATED PAPER
Structural paper material with inner core shaped in rigid
parallel furrows and ridges.
GLASS 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.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper, copy paper and computer paper
used in commercial, institutional and municipal establishments and
in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers and nursing homes.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
MOBILE HOME PARK
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.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
MUNICIPAL WASTE
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 and Act 101 from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility, but excluding source-separated recyclables.
PERSON
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.
PLASTICS
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.
RECYCLABLE COLLECTOR
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.
RECYCLABLE MATERIALS
Only those materials required to be recycled, pursuant to
the provisions of regulations established by resolution adopted hereunder,
as revised from time to time.
RESIDENT
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.
SOURCE-SEPARATED RECYCLABLES
Materials that are separated from municipal waste at the
point of origin, being home, residence, apartment, business, industry,
etc., for the purpose of recycling.
STORAGE
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.
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 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.
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.
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.
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.
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.