[Adopted 2-11-1999 by Ord. No. 162]
[Added 6-12-2008 by Ord. No. 213]
As used in this article, the following terms
shall have the meanings indicated:
LICENSED HAULER
Any owner of a waste transportation vehicle licensed under
Pennsylvania Act 90.
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and
other material; including solid waste, liquid or semisolid, or containing
gaseous materials 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 in the Solid Waste Management Act of the Commonwealth of Pennsylvania from a municipal,
commercial or institutional water supply treatment plant, wastewater
treatment plant or air pollution control facilities.
OWNER
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in real estate in the Township of Maidencreek
or otherwise having control of the property, including guardian of
an estate of such person and the executor or administrator of the
estate of such person.
PERSON
Any individual, partnership, corporation, limited liability
entity, association, institution, cooperative or state agency or institution,
or any other legal entity whatsoever, including all landowners and/or
occupants of land and/or buildings existing and/or functioning within
the Township of Maidencreek.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
TENANT
Person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
TOWNSHIP
The Township of Maidencreek, Berks County, Pennsylvania.
[Amended 6-12-2008 by Ord. No. 213]
A. Any person who fails to comply with the provisions
of this article or violates any of the provisions set forth above
commits a summary offense and shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus court costs for each such
violation hereof. This article may also be enforced by civil enforcement
proceedings and in that event, offenders shall be liable for a civil
enforcement fine of not more than $600 per violation. Whether, enforced
civilly or through summary proceedings, or both, each day a violation
continues shall constitute a separate offense pursuant hereto.
B. No penalty herein shall prevent the Township from
enforcing this article by equitable, injunctive and other remedies.
[Adopted 2-20-2003 by Ord. No. 192]
This article shall be known and may be cited
as the "Township of Maidencreek Recycling Ordinance."
The following words and phrases, when used in
this article, shall have the meanings given to them in this section,
unless the context clearly indicates otherwise:
ALUMINUM CANS
Clean, nonaerosol and empty all-aluminum beverage and food
containers.
AUTHORIZED COLLECTOR
Any person, firm, corporation or other entity licensed or
contracted by the Township of Maidencreek to handle recyclables in
accordance with the provisions of this article.
BIMETALLIC CONTAINERS
Clean, nonaerosol, empty food or beverage containers consisting
of steel and aluminum.
COMMERCIAL ESTABLISHMENT
Any property used primarily for business and/or commercial
purposes and those multiple-dwelling residential buildings containing
more than four dwelling units.
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by a municipality, or
conducted within a municipality 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.
[Added 10-10-2013 by Ord.
No. 232]
CORRUGATED PAPER
Structural paper or cardboard material with an inner core
shaped in rigid parallel furrows and ridges.
DWELLING UNIT(S)
A room or a group of rooms located within a structure and
forming a single-family habitable unit with facilities, which are
used or intended to be used for living, sleeping, cooking and eating
for the exclusive use of the occupant(s) thereof.
EXCLUSIVE CONTRACT
An agreement entered into between the Township of Maidencreek
and a person, corporation, or other entity for the collection and/or
disposal of recyclables within the Township of Maidencreek to the
extent provided in this article and such agreement.
FEDERAL
The United States of America together in any of one or more
of its departments and agencies.
FERROUS CONTAINERS
Clean, nonaerosol empty steel or tin-coated steel food or
beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green, or brown glass. Excluded
are tempered or plate glass, automotive glass, blue glass, porcelain,
ceramic, Pyrex, coffee mugs, drinking glasses, fluorescent and incandescent
lighting bulbs.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in the manufacturing, packaging,
and/or processing of any goods and/or materials, including the wholesale
production or processing of food or food products.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers and nursing homes.
LEAD ACID BATTERIES
Include but not be limited to automotive, truck, and/or industrial
batteries that contain lead.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials but not including grass clippings.
[Amended 7-12-2018 by Ord. No. 247]
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces assembled
or bonded together in booklet form published at intervals other than
newspapers.
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.
MULTIFAMILY ESTABLISHMENT
Housing, apartment buildings or apartment complexes, which
have more than four dwelling units, including condominium associations
and homeowners associations of more than four dwelling units which
are established and organized in such a manner that the association
provides common services for the members. This definition shall also
include apartment buildings and apartment complexes owned and operated
by institutional establishments if such institutional establishments
charge a rental fee for such dwelling unit.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the municipality and other
governmental and quasi-governmental agencies.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste
and other material; including solid waste, liquid or semisolid or
containing gaseous materials 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 in the Solid
Waste Management Act of the Commonwealth of Pennsylvania from a municipal,
commercial, or institutional water supply treatment plant, wastewater
treatment plant, or air pollution control facilities.
NEWSPAPERS
Paper of the type commonly referred to as newsprint and distributed
at various fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded from this definition of newspapers are magazines.
PERSON
Any individual, partnership, corporation, limited liability
entity, association, institution, cooperative or state agency or institution,
or any other legal entity whatsoever, including all landowners and/or
occupants of land and/or buildings existing and/or functioning within
the Township of Maidencreek.
PLASTIC CONTAINERS
Empty and clean consumer product containers made of polyethylene
terephthalate (PET) high-density polyethylene (HDPE): including but
not limited to, plastic bottles for soda, milk, and other consumer
food products and for certain household cleaning products and personal
care products.
POST-CONSUMER MATERIAL
Any product generated by a business or consumer which has
served its intended end use and which has been separated or diverted
from solid waste for the purpose of collection, recycling and disposition,
including industrial by-products that would otherwise go to disposal
or processing facilities, but NOT including internally generated scrap
that is commonly returned to industrial or manufacturing processes.
PUBLIC AGENCY
Any state agency or local agency of the commonwealth and/or
the Township.
RECYCLABLES/RECYCLABLE MATERIALS
Those materials specified by the Township of Maidencreek
for separation from municipal waste for collection, transportation,
processing, and marketing as part of a recycling program.
RECYCLING
The program or system of separation from municipal waste
collection, transportation, processing, and marketing of recyclables.
STATE
The Commonwealth of Pennsylvania, together with any one or
more of its departments and agencies.
STEEL CANS
Clean, nonaerosol, and empty all steel (ferrous metal) containers.
No paint cans.
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.
TOWNSHIP
The Township of Maidencreek, Berks County, Pennsylvania.
YARD BRUSH
Twigs, tree trimmings and shrubbery trimmings not to exceed
three inches in diameter and not to exceed 12 feet in length.
The Township shall have the power to assess
from time to time all persons, occupants, and/or properties for the
costs and expenses of recycling within Maidencreek Township on a uniform
basis under the authority of Section 2105 of the Second Class Township
Code, as amended. The nature, method and amount of any such
assessment shall be established by resolution of the Board of Supervisors
adopted from time to time in accordance with law. Assessments for
recycling shall be a lien upon the franchises and property of the
persons assessed and shall be enforced and collected in the same manner
as taxes are enforced and collected by the Township.
Not later than 60 days from the enactment of
this article, all owners of multifamily establishments, commercial
establishments, industrial establishments and institutional establishments
shall file a report with the Township describing in detail their individual
recycling programs demonstrating compliance with the provisions of
this article and its' regulations. Said report shall identify the
name, address, phone number, license number of the trash hauler engaged
to comply with the recycling as set forth herein and the details of
the method established for compliance with this article. Said owners
of the aforesaid establishments shall supplement said report not later
than 20 days after any material change therein.
The Township shall establish and promulgate
regulations relating to the operation and implementation of all aspects
of the recycling program established by this article including, but
not limited to, items to be recycled, the manner, days, and the times
of collection of recyclable materials, and for the bundling, handling,
location and time and placement of such materials for collection.
Such regulations may be amended, expanded and/or revoked by resolution
of a majority of the Board of Supervisors.
Each authorized collector throughout the Township
shall file quarterly reports on a form prepared and furnished by the
Township and completed by such collector. The form shall state the
total weight or volume of recyclables collected, processed, transported
and marketed by such collector during the quarterly period of time,
the names and addresses of the facilities to which such collector
transports recyclables for processing and marketing, together with
other information deemed necessary by the Township to carry out the
purpose of this article. The form shall be signed by the authorized
collector, and shall be filed not later than 15 days after the end
of each calendar quarter.
The Code Enforcement Officer of the Township
of Maidencreek, the Northern Berks Police Department, and such other
individual appointed by resolution of the Township is authorized and
directed to enforce this article.