As used in this chapter, the following terms
shall have the meanings indicated:
The Pennsylvania Act 101 of 1988, known as the "Municipal
Waste Planning, Recycling and Waste Reduction Act."[1]
The person or persons authorized by Hanover Township to make
collections of designated recyclables for roadside or dropoff collection
in accordance with this chapter and the recycling regulations. An
authorized collector shall have a valid Pennsylvania permit and/or
license.
Those properties used primarily for commercial or industrial
purposes.
Mixing the following items for curbside recycling collection:
glass, plastic, aluminum cans, steel and bimetallic cans, polycoated
paper containers and empty aerosol cans.
Includes sod, tree stumps, compressed wood, grass, bamboo,
ornamental grass and items customarily considered residential waste
and recycling which is collected by a third party hauler.
[Added 5-14-2019 by Ord.
No. 19-02]
A location readily acceptable to an authorized collector
adjacent to the curb or adjacent to the roadway if there is not a
curb where each person affected by this chapter places recyclables
for collection.
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 Hanover Township.
An area where a person may deposit recyclable materials.
The Board of Supervisors of Hanover Township, Northampton
County, Pennsylvania, or its duly appointed agent or representative.
The standardized containers issued by Hanover Township for
the purpose of collecting, storing and placing recyclables at the
curbside for collection of residential recyclables by the authorized
collector.
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers, and nursing homes.
Clear glass bottles/jars, colored glass (green and brown)
bottles/jars, plastic: PET and HDPE bottles, aluminum cans, steel
and bimetallic cans, newsprint, junk mail, magazines, catalogs, polycoated
paper containers, corrugated cardboard (OCC), empty aerosol cans,
leaf waste, yard waste, telephone books.
A public facility operated by the municipality and other
governmental and quasi-governmental authorities.
That person empowered by Hanover Township to issue and, from
time to time, revise solid waste and recycling regulations.
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.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, yard waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste.
The curbside collection, dropoff center and leaf collection
program established by Hanover Township pursuant to this chapter and
recycling regulations.
Those regulations issued and, from time to time, revised
by Hanover Township setting forth specific requirements for the recycling
program.
Leaves, garden residues, shrubbery, tree trimmings and similar
material; this does not include grass clippings.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A curbside collection program shall be hereby
established for a separate collection of designated recyclables, as
defined in the recycling regulations, for curbside collection from
all residential properties in Hanover Township and residential housing
properties of four units or less. This curbside collection program
shall not apply to any residential housing properties of five units
or more or any commercial, municipal or industrial establishment.
All persons subject to the curbside collection shall place them at
the curbside at the time scheduled and manner prescribed in the recycling
regulations.
All designated recyclables that are required
to be kept separate from municipal waste in commercial, municipal
and institutional establishments shall either be delivered directly
to a recycling dropoff center or picked up by an authorized collector
separately from municipal waste, in a prearranged manner. All commercial,
municipal, and institutional establishments must store materials properly,
according to Township codes and/or ordinances, until collection. These
collectors must have valid Pennsylvania permits and/or licenses. All
commercial, municipal and institutional establishments must report
to Hanover Township on an annual basis on a form prescribed by the
Township to be received by the Township on a date set by the Township.
All authorized collectors are also required to report to Hanover Township
on an annual basis on a form prescribed by the Township. All commercial,
municipal and institutional establishments must recycle high-grade
office paper in addition to the previously listed mandated recyclables.
A.
The recycling containers provided by the municipality
to the residents of the Township shall remain the property of the
municipality.
B.
It shall be a violation of this chapter for any person(s)
to damage, misappropriate or use for any purpose other than for recycling
the recycling containers provided by the municipality. Each such action
in violation hereof shall constitute a separate and distinct offense
punishable as hereinafter provided.
All persons who gather yard waste shall source
separate such waste and place it for semiannual curbside collection
at the time designated or deliver it directly to a recycling dropoff
center as designated by Hanover Township in the recycling regulations.
A.
All designated recyclables for curbside collection
shall be prepared for curbside collection in accordance with the specifications
established in the recycling regulations.
B.
The Hanover Township Manager is hereby designated
the municipal official authorized to issue, from time to time, recycling
regulations which set forth specific requirements for the recycling
program, including, without limitation, the designation of authorized
collectors and the designation of recyclables to be included in the
curbside collection program or dropoff center program, the schedule
for curbside collection, the time limits for placing recyclables at
the curbside, the specifications for the preparation of designated
recyclables for collection, the effective date for the start of the
curbside collection of each recyclable item, and the seasonal starting
and ending dates for the mandatory source separation of yard waste.
Nothing in this chapter or the recycling regulations
shall prohibit any resident of Hanover Township from donating or selling
any recyclable to any other person, whether operating for a profit
or not for a profit. Nothing in this chapter or the recycling regulations
shall require any person to gather leaf waste or prevent any other
person from utilizing leaf waste for compost, mulch, or other agricultural,
horticultural, silvicultural, gardening or landscaping purpose.
No person other than the authorized collector
shall scavenge, remove, take, scatter, or disturb recyclable materials
which have been placed at the curbside for collection pursuant to
the curbside collection program.
The recycling regulations shall set forth an
enforcement program to periodically monitor participation, receive
and resolve complaints and issue warnings. The Township Recycling
Coordinator and/or Code Enforcement Officers shall complete random
inspections of residential, commercial, municipal and institutional
establishments to ensure compliance.
It shall be unlawful for any person to violate
or to cause or to assist in the violation of any of the provisions
of this chapter or any provision of the recycling program regulations.
Each year Hanover Township will recognize one
small-sized business (one to 20 employees), one medium-sized business
(20 to 50 employees), and one large-sized business (more than 50 employees)
for their recycling achievements during that calendar year. If the
Township is unable to find one business from each size category, the
Township may, at its discretion, recognize more than one in any size
category but no more than three businesses in any calendar year. Recognition
may include, but not be limited to, a written profile of the business
and its programs in the Township's newsletter and on the Township's
Web site, recognition of the business's achievements during a regularly
scheduled Board of Supervisors meeting, and recognition of the business
during a special Township event.
Hanover Township will make a concerted effort
to procure and use products made from recyclable materials when available.
The Township will also give preferential treatment to vendors who
use recyclable products.
All recyclables for curbside collection or for
any public dropoff center shall be prepared for curbside collection
or delivery to a dropoff center in accordance with the specifications
established in the recycling regulations.
[Amended 5-14-2019 by Ord. No. 19-02]
A.
The Board of Supervisors of Hanover Township is hereby authorized
to issue and from time to time revise regulations which set forth
specific requirements for the recycling program. These rules and regulations
shall be formally known as the "recycling regulations" and shall be
adopted by resolution of the Board of Supervisors of Hanover Township.
B.
In addition, the Board of Supervisors of Hanover Township shall appoint
a Recycling Coordinator who is authorized to coordinate the recycling
program. The Recycling Coordinator may also, from time to time, issue
and revise the recycling regulations which set forth specific requirements
for the curbside collection of leaves and use of the City of Bethlehem
composting site or yard waste. These specific requirements must be
adopted by resolution of the Board of Supervisors of Hanover Township
before they become part of the recycling regulations. The Recycling
Coordinator shall also receive the reports of Hanover Township showing
the quantity of materials recycled as required by this chapter and
the recycling regulations.
A.
Once the recyclable items are placed at the curbside
by persons living in homes, multifamily housing, rental housing properties
with four or less units, and other residential establishments not
otherwise classified by this chapter, they shall become the property
of the person authorized by the municipality to collect the recyclable
materials. The regulations to this chapter shall specify who is authorized
to collect the recyclables under the current program.
B.
Nothing in this section or this chapter or the regulations
shall impair the ownership of recyclables by the persons who generate
them nor interfere with any other existing recycling program, unless
and until the recyclables are placed at the curbside or similar location
as specified in the regulations to this chapter. However, the original
owner of the recyclables may retrieve all or part of the recyclables
from his/her own curbside before the time of collection. There shall
be no penalty applied under the enforcement provisions of this chapter
if he/she chooses to do so.
C.
Nothing in this chapter or the regulations shall prohibit
any person from donating or selling any recyclable. Nothing in this
chapter or the regulations shall prevent any person from utilizing
yard waste for compost, mulch or other agricultural, horticultural,
silvicultural, gardening, landscaping purposes or other purpose not
otherwise prohibited by law.
A.
The municipality shall advertise to persons required
to recycle by the Act and this chapter any requirements in regard
to the frequency and manner of collection required under the current
program. The municipality may also require authorized collectors to
advertise information concerning their collection program to applicable
persons in Hanover Township. The authorized collectors are required
to report information concerning the materials collected to the Township
Recycling Coordinator. The authorized collectors shall be notified
by the Township authorities of the information which they are required
to report. The municipality may require persons to arrange for the
collection of their own recyclables with authorized collectors. The
regulations shall outline the current requirements.
B.
If the municipality so chooses, it may enter into
an agreement(s) with public or private agencies or firms to authorize
them to operate or administer all or any part of the recycling program
mandated by this chapter.
[Amended 5-14-2019 by Ord. No. 19-02]
It shall be unlawful for any person to violate or to cause or
to assist in the violation of any provision of this chapter or any
provision of the recycling regulations. No person shall scavenge,
remove, take, scatter or disturb recyclable materials which have been
placed by persons at the curbside for their collection by authorized
collectors pursuant to the curbside collection program or deposited
at a drop-off center.
[Amended 5-14-2019 by Ord. No. 19-02]
A.
The Township Recycling Coordinator will receive complaints regarding
violations of this chapter. Any person violating a provision of this
chapter or a recycling regulation pursuant thereto shall be given
a written notice thereof from the Code Enforcement Officer, upon recommendation
by the Township Recycling Coordinator or Township Manager (the "notice").
The notice shall give the person a period of 30 days to comply with
the provisions of this chapter or the recycling regulations. If, after
receipt of the notice, the person continues to violate the provisions
of this chapter or the recycling regulations, the person shall be
prosecuted as provided below.
B.
Any person violating any of the provisions of this chapter shall
be prosecuted in the manner provided by law before a District Magistrate
and, upon conviction of such violation, shall be subject to a fine
not in excess of the sum of $300, together with the cost of prosecution.
Each day on which such violation or violations occur and each day
on which such violation or violations continue to occur shall be considered
as a separate offense for each and every day of such violation or
violations. Upon failure of the person so convicted to pay the fines
so imposed, confinement shall be ordered in the Northampton County
Prison for a period of not less than three days and not in excess
of 30 days. All portions of the fines to the Township for violation
of the Hanover Township Recycling Ordinance and/or recycling regulations
applicable shall be paid to the Township of Hanover and shall be earmarked
to be spent on the administrative costs of the Hanover Township Solid
Waste Management Program and the Hanover Township Recycling Program.
C.
Any person specifically violating the provisions of this chapter
involving the collection of yard waste by including contaminated yard
waste in the curbside collection shall be subject to the following:
Nothing contained in this chapter or its regulations
shall be construed to interfere with or in any way modify the provisions
of any existing contracts which are in force in the Township on the
effective date of this chapter.
