[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Salford as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-4-2007 by Ord. No. 2007-4[1]]
[1]
Editor's Note: This ordinance also repealed
former Article I, Solid Waste Management, adopted 8-7-1991 by Ord.
No. 91-5 as amended.
This article shall be known as the "Municipal
Waste Collection and Recycling Ordinance."
A.
ACT 97
ACT 101
ALUMINUM
BIMETAL CANS
BULK ITEMS
BUSINESS(ES)
CORRUGATED PAPER
DEP
GLASS
GRASS CLIPPINGS
HIGH-GRADE OFFICE PAPER
HOUSEHOLD HAZARDOUS WASTE
IMA
LANDLORD(S)
LEAF WASTE
MAGAZINES and PERIODICALS
MIXED PAPER
MUNICIPALITY
MUNICIPAL WASTE
MUNICIPAL WASTE COLLECTOR(S)
NEWSPAPER
NORTHERN MONTGOMERY COUNTY RECYCLING COMMISSION ("NMCRC")
PARTICIPATING MUNICIPALITIES
PERSON or ENTITY
PLAN or COUNTY PLAN
PLASTIC CONTAINERS
RECYCLABLE MATERIALS
RECYCLING COLLECTOR
RECYCLING PROCESSORS
RENTAL AGENT(S)/PROPERTY MANAGERS
RESIDENT(S)
YARD WASTE
As used in this article, the following terms shall
have the meanings indicated:
The Solid Waste Management Act of 1980.[1]
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[2]
Empty, all-aluminum beverage and food containers, commonly
known as "aluminum cans."
Empty food or beverage containers constructed of a mixture
of ferrous metal, usually steel, and nonferrous metal, usually tin.
Any large durable goods such as refrigerators, washing machines,
window air conditioners, hot-water heaters, dishwashers and any other
major home appliances in addition to other large bulk items such as
dressers, beds, mattresses, sofas, television sets and other large
household items.
The legal owner, occupant or lessee of a commercial, industrial
or cooperative enterprise, firm, partnership, corporation, association,
institution, trust or governmental entity that engages in any form
of business or governmental operations.
Paper products made of a stiff, moderately thick paper board,
containing folds or alternating ridges, commonly known as "cardboard."
The Pennsylvania Department of Environmental Protection.
Products made from silica or sand, soda ash and limestone.
The product may be transparent (clear) or colored (e.g., brown or
green) and used as a container for packaging (e.g., jars) or bottling
of various matter. Expressly excluded are noncontainer glass, window
or plate glass, light bulbs, blue glass and porcelain and ceramic
products.
The material bagged or raked during or after cutting of a
lawn, field or similar grassed area.
All types of high-grade white or colored paper, bond paper
and computer paper used in commercial, institutional, business, office
and municipal establishments.
Small quantities of hazardous waste (as defined in the Solid
Waste Management Act[3]) available to a person or entity on a retail basis, such
as pesticides, certain paints, paint thinners and solvents, cleaning
agents and automotive products.
The intermunicipal agreement adopted by the municipalities
which are members of the Northern Montgomery County Recycling Commission.
Any individual or organizational owner who rents and/or leases
residential units, commercial space or an industrial complex(es).
Landlords own the properties in question and deal directly with their
tenants or lessees.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but does not include grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Such matter typically has a gloss or
shine added to the paper. Expressly excluded are all other paper products
of any nature whatsoever.
All types of paper combinations, such as colored paper, carbonless
forms, ledger paper, colored paper envelopes, mixtures of high-grade
office paper and the like.
Lower Salford Township.
Any collector, remover, transporter and/or hauler of municipal
waste and/or recyclable materials in the NMCRC. A municipality shall
be considered a municipal waste collector if it provides manpower
and equipment for the collection of municipal waste.
Paper of the type commonly referred to as "newsprint" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest.
The legal entity established by and operating as agent for
the municipalities hereunder who have delegated certain of their duties
and powers respecting recycling, including but not limited to the
development, implementation and enforcement of common recycling programs.
Presently the NMCRC is comprised of Ambler Borough, Franconia Township,
Hatfield Township, Hatfield Borough, Lower Gwynedd Township, Lower
Salford Township, Montgomery Township, North Wales Borough, Souderton
Borough, Telford Borough, Towamencin Township and shall be deemed
to include all new member municipalities and accepting member municipalities
who have completed the withdrawal process.
Those municipalities which have executed the intermunicipal
agreement (IMA).
Any individual, firm, partnership, corporation, business,
association, institution, cooperative enterprise, trust, municipality,
municipal authority, federal institution or agency, state institution
or agency (including but not limited to the Department of General
Services and the Public School Building Authority), other governmental
agency or any other legal entity or group 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 term "person" or "entity" shall mean the, officers
and directors of any corporation or other legal entity having officers
and directors.
The latest revision of the county-wide municipal waste management
plan adopted by the county and approved by DEP, as such may hereinafter
be supplemented, revised, amended or modified in compliance with the
law.
Empty plastic food and beverage containers. Due to the large
variety of plastics, the recycling regulations will stipulate the
specified types of plastics that may be recycled.
Materials generated by a person or entity which can be separated
from municipal waste and returned to commerce to be reused as a resource
in the development of useful products. Materials which may be recycled
include but are not limited to: glass (clear, brown or green); aluminum,
steel and bimetal cans; high-grade office paper; mixed paper; newspaper
(including newspaper inserts, junk mail and telephone books); corrugated
paper; magazines and other periodicals; plastic containers and other
materials as may be designated from time as recyclable materials.
A municipal waste collector engaged in the collection, removal,
transportation or hauling of recyclable materials.
Entities which receive recyclable materials, separate recyclable
materials from nonrecyclable residue and market the separated recyclable
materials for reuse or remanufacture.
Any individual or organization who or which assumes the owner's
responsibility in renting and/or leasing residential units, commercial
space or industrial complexes. Agents do not own the properties in
question but deal directly with tenants or lessees on behalf of the
owner(s).
The legal owner, occupant or lessee of a single-family residential
unit in a municipality served by curbside collection of municipal
wastes and/or recyclables or owner, occupant or lessee of any other
type of multifamily residential unit, including but not limited to
townhomes, duplexes, condominiums and apartments, whose multifamily
unit has curbside collection of municipal waste and/or recyclables.
Also classified as a resident will be any business professional who
operates a profession from his/her personal residence.
Twigs, shrub trimmings, small branches and like vegetative
matter.
B.
All terms not separately defined in this article that
are contained in Act 97 and Act 101 are incorporated herein by reference.
A.
The reduction of the amount of municipal waste and
conservation of recyclable materials is an important public concern
by reason of the growing problem of municipal waste disposal and its
detrimental impact on the environment. It is the intent of this article
to require, promote and regulate recycling activities in the municipality
and to protect the health, safety and welfare of residents.
B.
This article has been developed to meet and implement
municipal responsibilities established under Act 101.
C.
It is the intent of this article to promote intergovernmental
cooperation in recycling activities by and among the municipalities
comprising the NMCRC. Such cooperation is intended to more efficiently
conduct recycling programs and to reduce costs.
D.
The municipality's adoption of this article anticipates
the assignment of certain of its duties and powers under Act 101 to
the NMCRC with respect to recycling activities and enforcement against
violations of this article. Such assignment of duties and powers will
be accomplished in accordance with Section 304(c) of Act 101[1] and as set forth in this article and in the intermunicipal
agreement adopted by the member municipalities of the NMCRC. Duties
and powers not assigned by the intermunicipal agreement or subsequent
agreement shall remain with the municipality.
[1]
Editor's Note: See 53 P.S. § 4000.304(c).
A.
The NMCRC is authorized to carry out a recycling program
on behalf of the member municipalities in accordance with the terms
and conditions of the IMA.
B.
In accordance with the responsibilities in this article,
the NMCRC is authorized to establish, by resolution, rules and regulations
related to the administration of the recycling program and to administer
and enforce against violations of all such rules and regulations.
The NMCRC shall determine the recyclable materials to be separated
by residents, noncurbside residents and businesses and collected by
municipal waste collectors; however, this designation may be changed
by the NMCRC from time to time. The municipality may require additional
materials to be recycled, in which event such additional materials
shall be deposited at dropoff centers designated by the municipality,
and the municipal waste collector will not be responsible for collecting
such materials. Any additional requirements imposed by the municipality
shall be consistent with and not interfere with the recycling program
developed and implemented by the NMCRC. All commercial, industrial
and institutional establishments shall also be required to separate
the materials designated by the NMCRC for recycling.
C.
In accordance with Section 1501(c)(1)(iii) of Act
101,[1] the NMCRC shall be authorized to exempt persons occupying
commercial, institutional and industrial establishments from the requirements
of this article if they have otherwise provided for the recycling
of materials designated by this article and any subsequent resolutions.
To be eligible for this exemption, the commercial, industrial or institutional
waste generator must provide, on an annual basis, written documentation
to the municipality and the NMCRC of the total quantity of each material
recycled, in the form and by the Act as provided for in the NMCRC's
rules and regulations. Exemptions shall be handled administratively
by the NMCRC.
[1]
Editor's Note: See 35 P.S. § 4000.1501(c)(1)(iii).
A.
Each person or entity, unless exempted under § 95-4C of this article, who or which generates municipal waste and/or designated recyclable materials shall have such waste and recyclable materials collected by a municipal waste collector who is legally operating within the Township, and such collection shall be no less frequent than one time per week.
[Added 9-1-2010 by Ord. No. 2010-5[1]]
B.
Each person or entity who or which generates municipal
waste in the NMCRC shall be responsible for complying with the requirements
of this article for the separation of recyclable materials as required
by Act 101 as implemented by the NMCRC. This shall include tenants
and lessees occupying leased properties.
C.
Owners, landlords or rental agents of any leased property,
other than a single-family-occupied property, shall be responsible
for publicly posting educational information provided by the NMCRC,
municipality and/or municipal waste collectors; provide appropriate
recyclable material collection containers and providing for pickup
of such containers in accordance with this article. Owners, landlords
or rental agents of a single-family-occupied property may assign such
responsibility to the tenant or lessee occupying the property through
a lease or rental agreement or other written assignment.
D.
Every person or entity must separate household hazardous
waste and leaf waste from the recyclable materials and other municipal
waste. It is the responsibility of a person or entity to dispose of
household hazardous waste in accordance with applicable law as implemented
by the Montgomery County Waste System Authority.
E.
All occupants of single-family homes, including townhomes
and row homes where individual municipal waste collection occurs,
shall maintain a separate container of the type specified or provided
by the NMCRC or municipal waste collector to collect all designated
recyclable materials in a commingled or modified commingled (e.g.,
different materials separated into paper bags and placed in the container)
fashion, as established by the municipal waste collector, subject
to the rules and regulations of the NMCRC. No municipal waste or recyclable
material container shall be placed at the curb or in the front yard
of any resident's property except during the period beginning at 6:00
p.m. on the evening prior to the day of scheduled collection, and
the empty container shall be removed by 11:59 p.m. on the day of scheduled
collection. Enforcement of container rules for placement at curbside
shall be the responsibility of the municipality. Newspapers may also
be placed in paper bags (no plastic bags) or bundled and tied, both
across and lengthwise, with rope or cord, and kept dry prior to collection
and placed at curbside with the recycling container. No such municipal
waste containers or recyclable material containers, including bundles
of newspapers (other than containers supplied by municipal waste collectors),
shall weigh more than 50 pounds.
F.
Owners or landlords of any multifamily residential
units where individual residential refuse collection does not occur
shall be responsible for providing suitable containers or dumpsters
for recyclable materials. Such containers or dumpsters shall be provided
through arrangements with a municipal waste collector, and source-separated
or commingled recyclable material containers or dumpsters may be utilized.
The containers or dumpsters must be provided at easily accessible
locations, and written instructions must be provided to the occupants
concerning the use and availability of such containers or dumpsters.
Owners or landlords of multifamily residential units who comply with
the requirements of this subsection shall not be liable for the noncompliance
of any persons or entity occupying their buildings as such noncompliance
relates to separation of materials. All tenants or lessees of multifamily
residential units shall be responsible for separating recyclable materials
and placing them in the containers or dumpsters provided for such
purposes.
G.
Owners or landlords of any institutional, commercial, business or industrial establishment shall be required to meet the same requirements outlined in § 95-5E, unless exempted under § 95-4C of this article or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property.
A.
All homes, apartments and other residential establishments
shall be required to separate and recycle the following: clear glass,
colored glass, newsprint (including newspaper inserts, junk mail and
telephone books), aluminum cans, steel cans, bimetallic cans, No.
1 PET plastics and No. 2 HDPE plastics.
B.
Commercial establishments will be required to separate
and recycle the following: corrugated paper, high-grade office paper,
aluminum cans and yard waste.
C.
Hospitality establishments which include restaurants
and taverns shall be required to separate and recycle the following:
cardboard, office paper, newspaper (including newspaper inserts, junk
mail and telephone books), aluminum cans, steel cans, bimetallic cans,
No. 1 PET plastics and No. 2 HDPE plastics.
D.
Community
events. Recycling containers shall be provided at all community events
attended by 200 or more people. The disposal of recyclable materials
collected at such events shall be in accordance with the provisions
of this article.
[Added 9-1-2010 by Ord. No. 2010-5]
A.
Reporting and recordkeeping requirements.
(1)
Unless specifically provided otherwise in the NMCRC's
rules and regulations, all municipal waste collectors shall deliver
or send, at least every six months, an information sheet that names
the materials which are to be recycled.
(2)
Municipal waste collectors shall be responsible for
obtaining weight and volume data on all municipal waste and recyclable
materials collected by them in each municipality which is a member
of the NMCRC. Said data shall be supplied to the NMCRC on an annual
basis by January 15 for the preceding year. Such report shall include
the name of the market or processor where recyclable materials are
delivered and shall be signed by an officer of the municipal waste
collector.
(3)
Municipal waste collectors shall maintain records
of their collection, removal, transportation and hauling activities
for each municipality and make them available for inspection by the
NMCRC, in accordance with the rules and regulations of the NMCRC.
B.
Collection, processing, marketing and reporting requirements.
(1)
Each municipal waste collector operating in the municipality
shall be responsible for complying with the requirements of this article
and the NMCRC's rules and regulations for the collection, processing
and marketing of recyclable materials.
(2)
The municipal waste collector shall, in providing
refuse collection and disposal services, also provide for the collection
of recyclable materials. Unless specifically provided otherwise in
the NMCRC's rules and regulations, Where once or twice a week municipal
waste collection is provided, the municipal waste collector must provide
at least once a week recyclable material collection. Customers using
once a month municipal waste collection must have recyclable materials
collected at least once a month.
(3)
A municipal waste collector shall not be permitted
to allow recycling containers or dumpsters to fill beyond capacity
and shall schedule the frequency of such collection accordingly.
(4)
The municipal waste collector shall be responsible
for the processing and marketing of the recyclable materials or the
delivery of recyclable materials to a recycling processor. Such activities
may be conducted by the municipal waste collector or any agent thereof
or a private entity conducting such business, a nonprofit entity able
to undertake such effort or any governmentally owned or operated facility
capable of such functions.
(5)
The municipal waste collector shall, prior to initiating
processing and marketing activities, provide the NMCRC with a summary
of its proposed efforts, including the location of the facility(ies)
to which the recyclable materials will be delivered, to the maximum
extent possible. All such facility(ies) shall be appropriately licensed
and permitted. Updates shall be provided as changes are made.
(6)
All municipal waste collectors shall keep records
of the quantities of recyclable materials collected in the municipality.
The records shall include the weight of the total quantities of recyclable
materials and total quantities of municipal waste and an estimate
of the corresponding volume of material for both recyclable materials
and municipal waste. Estimates of the individual components comprising
the commingled recyclable materials shall also be provided. Written
reports shall be provided to the NMCRC on reporting forms provided
by the NMCRC and shall include the name and location of the processing
center and/or recyclable materials dealer and shall be submitted in
accordance with the time schedules established in this article.
(7)
Leaf waste quantities shall be recorded by the municipal
waste collector collecting such materials. Such quantities may be
in the form of estimates, on either a cubic yard or tonnage basis,
collected, and written documentation of the total quantity of leaf
waste collected must be provided to the NMCRC by January 31 of each
year for materials collected in the preceding calendar year. The collector
has the option of reporting tonnage either in compacted or uncompacted
cubic yards.
(8)
Municipal waste collectors shall not collect refuse,
recyclable materials or any other wastes between the hours of 8:00
p.m. and 6:00 a.m. eastern standard time nor, when applicable, between
8:00 p.m. and 6:00 a.m. daylight saving time. Failure to comply with
this provision shall subject a municipal waste collector to enforcement
by the individual municipality.
A.
The municipality recognizes that intergovernmental
cooperation among the municipalities comprising the membership of
the NMCRC will be of benefit to the municipality by more efficiently
conducting recycling program activities. Intergovernmental cooperation
efforts will include, but are not limited to, the following:
(1)
Ongoing determination of the list of recyclable materials
for the NMCRC municipalities.
(2)
Development and implementation of joint education
programs, including the placement of newspaper ads, Web site pages
and other appropriate media.
(3)
Preparation of information for municipality newsletters.
(4)
Development and implementation of reporting forms
and grant applications and the filing of such forms and applications
with the appropriate agencies.
(5)
Preparation of informational sheets for municipal
waste collectors.
(6)
Promulgation of rules and regulations pertaining to
the recycling program.
(7)
Authorization for the NMCRC Solicitor to seek enforcement
against violations of this article as specified herein.
B.
Intermunicipal agreement.
(1)
In order to implement the intent and terms of this
article, the municipality, pursuant to the authority of the Intergovernmental
Cooperation Act, Act of July 12, 1972, codified at 53 P.S. §§ 481
through 490,[1] and Article 9, § 5, of the Constitution of the
Commonwealth of Pennsylvania, has determined to enter into an intermunicipal
agreement ("IMA") between the municipalities comprising the NMCRC.
[1]
Editor's Note: 53 P.S. §§ 481
through 490 was repealed 12-19-1996 by Act 177 of 1996. See now 53
Pa.C.S.A. §§ 2301 through 2315.
(2)
Terms and implementation of IMA. The terms and implementation
of the IMA shall be as more fully set forth in the IMA and this article,
as follows:
(a)
The NMCRC shall develop, implement and maintain a
recycling program for the municipalities comprising the NMCRC.
(b)
The participating municipalities shall certify that
they have enacted a municipal recycling ordinance in a form substantially
similar to this article by providing an executed and attested copy
of the ordinance to the NMCRC Solicitor.
(c)
The NMCRC shall be authorized to promulgate rules
and regulations and administer and enforce those rules and regulations
as desired or to delegate such enforcement to the member municipalities.
(d)
The NMCRC shall be authorized to enforce the IMA and
select municipal ordinances enacted pursuant to the IMA.
(e)
The purpose of the IMA is to provide a uniform recycling
program for the municipalities comprising the membership of the NMCRC
and to minimize duplicative efforts by the member municipalities.
(3)
Findings under Intergovernmental Cooperation Act.
As required by the Intergovernmental Cooperation Act of July 12, 1972,
P.L. 762, No. 180,[2] as amended, the following matters are specifically found
and determined:
(a)
The conditions of agreement are set forth in the IMA.
(b)
The duration of the term of the IMA is set forth in
§§ 913 and 914 of the IMA.
(c)
The purpose of the IMA is to cooperate with the NMCRC
and other participating municipalities in developing, implementing
and maintaining a recycling program.
(d)
The organizational structure necessary to implement
the agreement is set forth in the IMA, with which the member municipalities
shall cooperate.
(e)
The manner in which property, real or personal, shall
be acquired, managed, licensed or disposed of is by way of lease or
other contract unless otherwise set forth in the IMA.
[2]
Editor's Note: See 53 Pa.C.S.A. §§ 2301
through 2315.
A.
All recyclable materials and municipal waste placed
at curbside for collection or in any container or dumpster designated
for recyclable materials shall become the property of the municipal
waste collector providing the service.
B.
It shall be a violation of this article for any person
or entity, other than the municipal waste collector providing the
service, to collect or remove any of the recyclable materials from
their designated collection location. Each unauthorized collection
from one or more designated locations on one calendar day, in violation
hereof, shall constitute a separate and distinct offense punishable
as hereinafter provided.
A.
Any person, volunteer organization or other entity
may utilize alternative methods, other than collection by a municipal
waste collector, to accomplish the purpose of reutilizing recyclable
materials. Any such person, volunteer organization or other entity
shall register such programs with the NMCRC recycling consultant and
the municipality where the recycling activity shall take place. All
recyclable materials tonnage data shall be collected and reported
to the NMCRC recycling consultant in accordance with all applicable
procedures for the reporting of such information.
B.
The NMCRC is authorized to permit an alternate recycling
program to be developed in accordance with Paragraph 1501(h) of Act
101 if the requirements of that paragraph can be complied with. The
NMCRC shall, before implementation of the program, review and approve
the program. The municipal waste collector conducting the program
must provide annual written documentation to the NMCRC of the total
quantity of each material recycled.
[Amended 12-5-2007 by Ord. No. 2007-12]
A.
Leaf waste shall be collected curbside at least once
during the spring and at least once during the fall of each year by
all municipal waste collectors operating in the Township. In addition
thereto, the Township shall designate a DEP-permitted, drop-off compost
facility for residents of the Township to utilize as needed, which
facility must be open at least once per month for collection of leaf
waste generated between scheduled collections.
[Amended 10-5-2011 by Ord. No. 2011-4]
B.
Leaf waste collection shall be conducted in accordance
with regulations of DEP. All leaf waste shall be disposed of in a
DEP-permitted compost facility in accordance with all applicable state
guidelines.
[Amended 10-5-2011 by Ord. No. 2011-4]
C.
All private municipal waste collectors shall provide
the Municipality and NMCRC with the name and address of the facility(ies)
where the leaf waste will be disposed and report the quantity in tons
or cubic yards. Leaf waste shall not be commingled with any other
municipal solid waste. The disposal of leaf waste at a sanitary landfill,
waste-to-energy facility or any other facility which is not a DEP-permitted
composting facility is strictly prohibited.
D.
The methodology for separating and collecting leaf
waste shall be established and implemented by the Township and imposed
upon private waste collectors. The leaf waste guidelines set forth
in this article are intended to be general in nature. The leaf waste
collection and education program shall be established in more detail
by the Township and is subject to modification, as needed from time
to time, provided any modifications to the program comply with this
article and the most recent regulations of DEP.
[Amended 10-5-2011 by Ord. No. 2011-4]
E.
Leaf waste shall not be left at curbside more than
24 hours prior to collection and shall not be left in a form which
obstructs the flow of traffic or affects the performance of drainage
facilities or catch basins.
A.
Any person or entity violating the provisions of this
article pertaining to the separation of recyclable materials and leaf
waste, collected within the boundaries of any municipality which is
a member of the NMCRC, including co-mingling of recyclable materials
and leaf waste with municipal waste by haulers and their employees,
shall receive an official written warning sent certified mail, return
receipt requested from the NMCRC solicitor and/or from the solicitor
for the municipality in which the alleged violation occurred for the
first offense. Thereafter, within two years from the date of the written
warning for the first offense, any person or entity violating any
of the provisions of this article pertaining to the separation of
recyclable materials and leaf waste collected within the boundaries
of any municipality which is a member of the NMCRC, shall be subject
to a criminal fine of not less than $2,500 per violation, plus damages,
court costs and reasonable attorney's fees and imprisonment in the
Montgomery County Correctional Facility to the extent allowed by law
for the punishment of summary offenses. Enforcement of any such violations
shall be by action commenced by the NMCRC and/or the municipality
in which the alleged violation occurred before a District Justice
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure.
B.
No municipal waste collector shall knowingly collect
municipal waste which contains recyclable materials or leaf waste.
The municipal waste collector shall provide a person or entity violating
the provisions contained herein with written notice for the first
offense and also provide the NMCRC and the member municipality with
the same written notice. Any municipal waste collector who shall knowingly
violate the provisions of this subsection and collect municipal waste
containing recyclable materials and leaf waste from a person or entity
who or which has previously been notified by the NMCRC, municipality
and/or a municipal waste collector of noncompliance shall receive
an official warning from the member municipality and/or NMCRC for
the first offense. The municipal waste collector, for subsequent offenses
within a two-year period of the warning, upon conviction, shall be
sentenced to pay a fine of not less than $1,500 per violation, plus
damages, court costs and reasonable attorney's fees and imprisonment
in the Montgomery County Correctional Facility to the extent allowed
by law for the punishment of summary offenses. Enforcement of any
such violation shall be by action commenced by the NMCRC and/or the
municipality in which the alleged violation occurred before a District
Justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure.
C.
Any person or entity who shall violate any provision of this article not covered in Subsection A or B above shall receive an official written warning sent certified mail, return receipt requested from the NMCRC solicitor and/or from the solicitor for the municipality in which the alleged violation occurred for the first offense. Thereafter, within two years from the date of the written warning for the first offense, any person or entity violating any of the provisions of this article not otherwise covered in Sections A or B shall, upon conviction, be subject to a criminal fine of not less than $500 per violation, plus damages, court costs and reasonable attorney's fees and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action commenced by the NMCRC and/or appropriate member municipality before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day on which a violation of this article continues shall constitute a separate offense punishable by a like fine or penalty.
D.
The NMCRC is authorized to establish, through its
rules and regulations, procedures through which violations of this
article and of the NMCRC's rules and regulations themselves may be
determined and administrative sanctions therefor, including but not
limited to imposition of monetary penalties.
E.
Nothing in this section shall be construed to limit
the NMCRC's remedies which shall include but not be limited to including
the filing of actions at law or in equity seeking damages and/or injunctive
relief.
The Board of Supervisors/Borough Council hereby
authorizes the Chairman of the Board of Supervisors/President of Borough
Council to execute that certain intergovernmental agreement attached
hereto as Exhibit A[1] between all the municipalities comprising the membership
of the Northern Montgomery County Recycling Commission, which IMA
sets forth the procedures and administration of the NMCRC.
[1]
Editor's Note: Exhibit A is on file in the
Township offices.
