[Adopted 2-27-1989 as Ord. No. 237]
This article shall be known as the Lower Makefield
Township Recycling Ordinance.
The following words and phrases when used in
this article shall have, unless the context indicates otherwise, the
meaning described in this section:
The residence-to-residence and commercial establishment-to-commercial
establishment pickup of municipal waste from storage and curbside
and removal to a local transfer facility, if any.
A person or agent authorized by the required authority, which
may include the Township, to collect, transport and dispose of municipal
wastes.
Any establishment permitted under the Township's zoning code[1] definitions of Neighborhood Shopping (C-1), Highway Services
(C-2), General Business/Industrial (C-3), Historic Commercial (H-C),
Office/Research (OR), or a legal nonconforming use.
Any license, franchise or other contractual relationship
entered into by the Township with one or more collectors for the collection,
transportation, and disposal of municipal solid wastes.
The lawful incineration, deposition, spilling, leaking, or
placing of municipal waste into or on the land or water in a manner
that the waste, or a part of the waste, enters the environment, is
emitted into the air, or is discharged into the waters of the Commonwealth
of Pennsylvania.
Any properly designated site, facility, location, area, or
premise to be used for the authorized disposal of municipal wastes
that is approved by all governmental authorities having jurisdiction
of the licensing of such sites.
Grass clippings resulting from the regular mowing of lawns
surrounding residences and commercial structures.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including lawn clippings.
Any garbage, refuse, waste or other materials, including
solid waste, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities
(Pennsylvania Solid Waste Management Act, Act 97, Section 103).[2]
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
that is recognized by law as being subject to such rights and duties.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert any or
all of such municipal waste for off-site reuse. Processing facilities
include, but are not limited to transfer facilities, incinerators,
recycling facilities and resource recovery facilities.
The person legally required to fulfill the obligations specified
in this article and supporting regulations, including but not limited
to the owner, operator or lease holder of a residential, commercial
or industrial property in the Township.
Metals, glass, paper, leaf waste, plastics, lawn clippings
and other materials in a form which are designated as source materials
for the recycling program and are duly recovered.
A source separation and collection program for recycling
municipal waste or source-separated recyclable materials, or a program
for designated drop-off points or collection centers for recycling
municipal waste or source-separated recyclable materials that is operated
by or on behalf of the Township, including any necessary activities
for the collection, staging, transportation and marketing or disposal
of recyclable materials and their residue. The term also includes
any source separation and collection program for composting leaf waste
or lawn clippings that is operated by or on behalf of the Township.
The supporting Township regulations which specify the full
implementation of this article.
The containment of any municipal waste on a temporary basis
in such a manner as to not constitute disposal of such waste.
A property and/or structure and associated equipment operated
by or on behalf of the Township for the purpose of local and temporary
storage, sorting and staging of recyclable materials for shipment
to an off-site recycling facility.
The removal of any recyclable materials to an off-site recycling
facility.
A.
The Township is authorized to enact comprehensive
rules and regulations implementing a recycling program as required
by federal, commonwealth and county law or regulation and to serve
the overall interests of the Township, its residents and commercial
enterprises, including:
(1)
Mandating the universal participation of all property
operators in the Township in the recycling program.
(2)
Specifying the responsibilities and obligations of
residential and commercial establishment property operators for the
on-premise storage and source-separation of recyclable materials and
their handling in support of collection services.
(3)
Obtaining commercially available and equitably-priced
services and the awarding and administration of contracts for the
collection, handling, and transportation of recyclable materials.
(4)
Specifying the residential and commercial establishment
collection services to be provided and the responsibilities and obligations
of collectors and property operators with respect to those services.
(5)
Creating and operating any transfer facilities required.
(6)
Establishing and/or regulating residential and commercial
establishment fees for collection services and the administration
and/or monitoring of billing and collections.
(7)
Authorizing Township enforcement of the terms of this
article and the rules and regulations adopted in furtherance thereof
and to specify penalties and remedies for noncompliance.
B.
In order to be effective, any rules and regulations
adopted in furtherance of this article or any amendments thereto must
be approved at a public meeting, which said public meeting shall be
advertised in accordance with the requirements imposed upon the Township
by the Second Class Township Code related to the adoption of Township
ordinances.[1]
[1]
Editor's Note: See 53 P.S. § 66601.
A.
Establishment of recycling program. A program is hereby
authorized providing for the mandatory source-separation, collection,
staging and transportation of recyclable materials. The participation
of all Township property operators utilizing any dwelling unit, premise
or place of business in the Township where municipal waste is produced
and accumulated is mandatory.
B.
Provides for compliance to applicable laws. The recycling
program authorized herein shall bring the Township into compliance
with recycling provisions of the Commonwealth of Pennsylvania as set
forth in Act 101, 1988 Session, the Municipal Waste Planning, Recycling
and Waste Reduction Act,[1] and rules and regulations related thereto and may exploit,
where mandated or where appropriate and cost effective, commonwealth
or county provided recycling or disposal facilities and services which
result. The recycling program and the supporting rules and regulations
shall be updated promptly and regularly to accommodate future changes
in the applicable federal, commonwealth and county laws.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
C.
Provides for Township priorities. This article also
authorizes the adoption of rules and regulations which provide for
the recycling and/or other specialized handling, including but not
limited to the use of resource recovery techniques and composting
of components of the municipal waste stream not subject to higher-authority
laws, such as vehicular tires, lead storage batteries, white goods,
yard waste and lawn clippings.
D.
Designation of recyclable materials. The regulations
shall designate what components of the municipal waste stream shall
constitute recyclable materials and the source-separation and handling
requirements of each. The regulations shall be updated periodically
to allow for changes in applicable law, the advent of new materials,
the costs of operating the recycling program, changes in Township
priorities, the marketability of processed recyclables and the impact
of the introduction of new technologies.
A.
Property operators are responsible for source-separation
and on-site storage of recyclable materials consistent with the regulations.
The regulations will designate container and/or bundling requirements,
what materials may be commingled and the like.
B.
Property operators are responsible for complying with
the handling requirements of the recyclable materials necessary to
support the regular collection service.
C.
Property operators are responsible for ensuring that
recyclable materials are not included in the general municipal waste
stream destined for general disposal via tipping, incineration or
resource recovery processing.
A.
General. The Township, at its discretion, is empowered
to enter into contracts with collectors to provide for regular and
scheduled recyclable material collection services for all residences
and commercial establishments in the Township, sufficient to the needs
of its constituents. Collection services should be coordinated with
collection services for general municipal waste wherever possible,
to reduce traffic, property operator inconvenience and costs.
B.
Description of residential collection services. Collection
services shall involve the regular and scheduled pickup of source-separated
recyclable materials at curbside, private residential storage locations
or central site storage locations (for certain multifamily apartment
and town home complexes). Collection hours, schedules and frequency
shall be subject to regulation and approval of the Township.
C.
Description of commercial establishment collection
services. Collectors shall provide suitable collection services for
commercial establishments depending on the type, quantity and storage
location of containers maintained by individual commercial establishments.
The types of collection services and the hours, schedules and frequency
of collection shall be subject to regulation and approval of the Township.
D.
Authorization of collectors. The Township, at its
discretion, has sole responsibility for the authorization of collectors
to provide collection services. It shall be unlawful for any person,
other then such duly authorized collectors to collect and/or transport
and dispose of recyclable materials within or from the Township. In
addition to authorizing primary collectors of recyclable materials,
the Township may authorize other not-for-profit and charitable organizations
or individuals representing such organizations to provide collection
services for designated recyclable materials.
A.
The Township is authorized to establish necessary
transfer facilities, operated by or on behalf of the Township, as
a local staging facility for the consolidation, intermediate processing,
temporary storage and transfer to alternate vehicles for hauling to
off-site recycling facilities of recyclable materials collected in
the Township.
B.
The Township is authorized to enter into any necessary
contracts required to construct and/or operate such transfer facilities.
C.
The Township is authorized to regulate the traffic
patterns on Township roads of trucks handling recyclable materials
being delivered to or removed from transfer facilities for the health,
safety and general benefit of Township residents and property owners.
D.
Restricted to Township recyclables. Transfer facilities
will only process recyclable materials generated from the Township's
municipal waste stream.
A.
General. The Township is authorized to provide for
the off-site transportation of recyclable materials to permitted recycling
facility(s) and shall enact detailed regulations which provide for
and control the services.
B.
The Township is authorized to enter into any necessary
contracts required to provide transportation or disposal services.
C.
County recycling facilities may be utilized wherever
possible and fiscally responsible, in conformance with the letter
and spirit of applicable state law.
D.
Transportation equipment and its operation. Haulers
shall use duly licensed and authorized transportation equipment which
shall be operated in a safe and lawful manner and which, during transport,
shall be fully closed to contain the contents without spillage. The
operators are responsible for the immediate remedy of any spillage.
The Township regulations shall provide for a
comprehensive public education program with the objective of obtaining
a high degree of awareness of the responsibilities and duties of the
Township and its citizens for recycling and promoting universal voluntary
cooperation.
A.
This article and all supporting regulations shall
be administered by the Township Manager or his designee.
B.
Fees and payment for services.
(1)
The Township is empowered to enter into the necessary
contracts authorized herein for the collection, transportation, processing
and disposal of its recyclable materials and to guarantee payment
for services rendered. Fees will either be directly billed to the
Township and paid for by usage fees or taxes collected by the Township
and/or property operators shall be directly billed by contractors,
depending on the types and administration of the contracts. In any
case, the Township is authorized to monitor billings and payments
to ensure universal compliance with this article.
(2)
Fees are to be levied to residents and commercial
establishments based on usage, to the extent practical.
A.
Nothing contained herein shall prohibit a farmer from
carrying out the normal activities of the farming operation, including
composting and spreading of manure or other farm produced agricultural
wastes.
B.
The provisions of this article do not apply to anything
but the storage, collections transportation and disposal of designated
recyclable materials and do not apply, therefore, to solid wastes
or hazardous or residual wastes as defined by the Pennsylvania Solid
Waste Management Act, Act 97.[1] These wastes are the responsibility of the responsible
property operator and are to be disposed of in accordance with all
applicable laws.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
A.
The Township is authorized and directed to enforce
this article.
B.
Any action by any person which violates or does not
comply with any provision of this article or any regulation thereof
shall be subject to a fine not to exceed $1,000, plus costs of prosecution,
including reasonable attorney's fees. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
[Amended 10-21-1996 by Ord. No. 305]
C.
The Township may also require the owner or occupant
of a property to remove any accumulation of municipal waste and should
said person fail, following written notice, to remove such municipal
waste within the time frame specified in the regulations, the Township
may cause such waste to be collected and disposed of, with all costs
for such actions the responsibility of the responsible property operator,
as provided by law.
A.
This article shall be subject to all applicable federal,
state, county and local laws, ordinances, rules and regulations including
the rules and regulations as set forth by the Department of Environmental
Protection of the Commonwealth of Pennsylvania.
B.
This article or any part thereof may be amended from
time to time in accordance with the procedures established by law.
