[Adopted 9-3-1991 by Ord. No. 134]
This article shall be known and may be cited
as the "Limerick Township Recycling Ordinance."
As used in this article, the following terms
shall have the following meanings:
Events sponsored in whole or in part by Limerick Township
or conducted within Limerick Township 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.
Leaves, garden residue, shrubbery and tree trimmings and
similar materials but not including grass clippings.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operations of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste as defined in the Solid Waste Management Act, Act of July 7,
1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et
seq., 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.
Any person collecting or transporting municipal waste or recyclable materials for owners or occupants of property in Limerick Township and any business or institution within Limerick Township which generates municipal waste or recyclable materials and uses its own employees and equipment for the collection or transportation of municipal waste or recyclable materials. All municipal waste collectors shall be licensed pursuant to the provisions of Article III, Municipal Waste Collectors, of this chapter.
Any individual, partnership, association, corporation, institution,
cooperative enterprise, trust, municipal authority, federal government
or agency, commonwealth institution or agency or any other legal entity
whatsoever which is recognized by law as a subject of rights and duties.
In any provision of this article 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 any
other legal entity having officers and directors.
Those materials specified by Limerick Township for collection
in accordance with this article and recycling regulations which may
be promulgated from time to time. Such material may include but shall
not be limited to aluminum cans, clear and colored glass containers,
tin, steel and bimetallic cans, clear and colored PET rigid plastic
bottles, natural and pigmented HDPE plastic bottles and newsprint
material. The list of "recyclable materials" may be changed from time
to time by resolution of the Board of Supervisors of Limerick Township.
Any person which owns, leases or occupies a property located
in Limerick Township used as a residence.
There is hereby established a program for the
mandatory source separation and collection of recyclable materials
and leaf waste within Limerick Township, Montgomery County, Pennsylvania.
No person shall dispose of municipal waste, recyclable materials or
leaf waste within Limerick Township except in accordance with this
article. The use of a municipal waste collector will not relieve any
person from compliance with this article.
[Amended 12-13-2007 by Ord. No. 288]
A.
Recyclable materials. All residents of Limerick Township
shall separate recyclable materials from all municipal waste generated
at their properties. When placed at the curb for collection in accordance
with the provisions of this article, recyclable materials shall be
placed in separate, reusable containers which clearly identify the
contents as recyclables. Such containers shall be provided by the
municipality. The preparation for collection of municipal waste and
recyclable materials shall be made in accordance with the instructions
provided by the municipal waste collector.
B.
Leaf waste. All residents of Limerick Township shall
separate leaf waste from all municipal waste generated at their property.
When collection procedures have been scheduled by the municipal waste
collector, leaf waste shall be placed in paper biodegradable bags
provided by the municipal waste collector. Residents must purchase
biodegradable leaf and yard waste collection bags from the Township
or from an authorized dealer as no plastic bags are permitted. Any
resident who otherwise provides for the proper disposal of leaf waste
by composting shall not be required to comply with the provisions
of this subsection.
C.
Collection. Collection of recyclable materials shall
be made only by a municipal waste collector at a minimum of once per
week. Leaf waste shall be collected by a municipal waste collector
in accordance with the schedules established annually by the municipal
waste collector.
D.
Multifamily residences. An owner, landlord or agent
of an owner or landlord of multifamily residential housing properties
with four or more units or the residents of such multifamily residential
properties acting by and through a duly constituted homeowners' association
shall comply with their responsibilities under this article by establishing
a collection system for recyclable materials at each property and
pickup by a municipal waste collector. A collection system must include
suitable containers for collecting and sorting materials, easily accessible
locations for the containers and written instructions to the occupants
or residents concerning the use and availability of the collection
system. In addition, such owners, landlords, agents and homeowners'
associations shall annually provide written documentation and certification
to Limerick Township of the total volume of materials and the types
of materials recycled. Such owners, landlords, agents and homeowners'
associations may comply with the reporting requirements hereunder
by requiring their municipal waste collector to provide said documentation
and certification directly to the Township. Owners, landlords and
agents of owners or landlords who comply with this article under this
subsection shall not be liable for the noncompliance of occupants
of their building.
[Amended 12-13-2007 by Ord. No. 288]
All persons occupying commercial, institutional
and municipal establishments within Limerick Township shall separate
high-grade office paper, corrugated paper, bulk and leaf waste and
all recyclable materials and such other materials as may be changed
from time to time by resolution of the Board of Supervisors of Limerick
Township generated at such establishments and from community activities,
store the materials until collection by a municipal waste collector
and annually provide written documentation and certification to Limerick
Township of that total volume of materials and the type of materials
recycled. Such persons may comply with the reporting requirements
hereunder by requiring their municipal waste collector to provide
said documentation and certification directly to the Township.
A.
No person shall place municipal waste in containers
used for the separation and collection of recyclable materials.
B.
No person shall place recyclable materials in containers
used for the separation and collection of municipal waste.
C.
No person shall store municipal waste outside of an
enclosed building in other than closed watertight containers.
D.
No person shall place containers for municipal waste
or recyclable materials at the curb or in the front yard of any lot
except during the period beginning at 6:00 p.m., prevailing time,
on the day prior to the scheduled collection and ending at 12:00 midnight
on the day of a scheduled collection. "Front yard" shall mean the
area between the street line and the first building on the lot.
Nothing in this article or any regulation promulgated
pursuant hereto shall be deemed to impair the ownership of separated
materials by the persons who generated them unless and until separated
materials are placed at curbside or similar location for collection
by a municipal waste collector.
From the time of placement of the recyclable
materials at the curb or other designated place for collection by
a municipal waste collector pursuant to the provisions of this article
and any rules and regulations adopted hereunder, the recyclable materials
shall become and be the property of the municipal waste collector.
It shall be a violation of this article for any person not duly authorized
by Limerick Township to collect or pick up or cause to be collected
or picked up any recyclable materials placed at the curb or other
designated place for collection by a municipal waste collector pursuant
to the provisions of this article. Any and each such unauthorized
collection in violation hereof from one or more residences shall constitute
a separate and distinct offense punishable as hereinafter provided
in this chapter.
The collection of municipal waste and recyclable
materials by municipal waste collectors and the preparation and collection
of municipal waste and recyclable materials by property owners and
residents of the Township shall be made in compliance with the regulations
to be adopted by the Board of Supervisors of Limerick 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 and, when
so approved, shall have the same force and effect as the provisions
of this article. Said rules and regulations may be amended, modified
or repealed by resolution of the Board of Supervisors.
A.
Unlawful activities; public nuisance. It shall be
unlawful and a public nuisance for any person to violate, cause or
assist in a violation of any provision of this article or violate,
cause or assist in the violation of any rule, regulation or resolution
promulgated by the Board of Supervisors pursuant to this article.
B.
Penalties. Any person who violates any provision of
this article or of the regulations adopted hereunder or any person
who engages in unlawful conduct as defined in this article shall,
upon conviction thereof in a summary proceeding before a Magisterial
District Judge, be sentenced to pay a fine of not more than $1,000
and not less than $50. Each continuing day of any violation of this
article or unlawful conduct as defined in this article shall constitute
a separate offense punishable by a like fine or penalty.
C.
Injunction. In addition to any other remedy provided
in this article, Limerick Township may institute a suit in equity
where unlawful conduct or a public nuisance exists as defined in this
article for an injunction to restrain a violation of this article
or any rules, regulations or resolution promulgated or issued by the
Board of Supervisors pursuant to this article.
D.
Concurrent remedies. The penalties and remedies prescribed
by this article shall be deemed concurrent. The existence or exercise
of any remedy shall not prevent the Township from exercising any other
remedy provided by this article or otherwise provided at law or equity.
The terms and provisions of this article are
to be liberally construed, so as to best achieve and effectuate the
goals and purposes hereof. This article shall be construed in pari
materia with the Solid Waste Management Act, Act of July 7, 1980,
P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.,
the Municipal Waste Planning, Recycling and Waste Reduction Act, Act
of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq., and the rules and regulations adopted thereunder.
