The following materials are hereby designated
as "recyclable materials" within the Township:
A.
For all residential dwellings, including multifamily
housing, as defined in this chapter:
(1)
Clear glass.
(2)
Brown and green glass.
(3)
Aluminum cans.
(4)
Bimetallic cans.
(5)
Newspapers.
(6)
Leaf waste.
(7)
Plastic containers of the varieties, types and chemical
compositions as specified by the Mayor.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(8)
Magazines.
(9)
Junk mail/paper mix.
(10)
Paper board (cereal boxes, etc.).
(11)
Telephone books.
A.
The Township, or the Township collector, shall collect
and dispose of all recyclable materials from residential dwellings,
other than commercial multifamily housing, which are placed at curbside
at least one occasion per calendar month, in accordance with zones
and schedules established by the Township, and the owners, occupants
or operators of every such residential dwelling within the Township
shall be required to pay the fee established pursuant to this chapter
therefor. The obligation for payment shall remain in force and shall
be effective whether or not the residential dwelling is occupied or
the owners or occupants of the residential dwelling choose to utilize
any collection and disposal service provided by the Township.
B.
The Township, or Township collector, shall collect
and dispose of all recyclable materials which have been properly prepared,
separated and placed at curbside in time for collection on the scheduled
collection day. The Township, or the Township's collector, shall have
no obligation to collect any materials which are not recyclable materials.
C.
The Township, or the Township collector, may establish
and maintain "drop-off" centers at various locations within the Township
for the collection of recyclable materials. The Township shall establish
the locations, operating hours, recyclable materials accepted and
other details of the operation of the drop-off centers.
D.
The Township, or the Township collector, shall collect
leaf waste during the months of October, November and December of
each calendar year.
E.
Recyclable materials that are collected by the Township
shall be recycled unless markets for such materials do not exist.
The Township shall:
(1)
Transport, process, sell, market and dispose of all
recyclable materials collected by the Township in any manner that
the Mayor deems appropriate, except that there shall be no cash transaction
involving recyclable materials.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(2)
Require the Mayor to establish and keep necessary
records and to issue a report, at least annually, to the Board of
Commissioners regarding the quantity price, total amount, to whom
the recyclable materials are sold, processed, marketed or where the
recyclable materials have been disposed.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(3)
Accord consideration for the collection, marketing
and disposition of recyclable materials to person engaged in the business
of recycling on the effective date of Act 101, whether or not the
persons were operating for profit, as required by § 1501(f)
of Act 101, 53 P.S. § 4000.1501(f).
(4)
Require dealers that market the Township's recyclable
materials to provide written documentation that either said materials
are recycled or that markets for those materials do not exist.
F.
The Mayor shall establish an appropriate administrative
organization and system for the collection transportation, separation,
processing, sale, marketing and disposition of recyclable materials
in accordance with this article of this chapter.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
All recyclable materials shall become the property
of and shall be owned by the Township or Township collector when such
materials are collected at curbside or delivered to the drop-off center.
Nothing contained herein shall be deemed to impair the ownership of
recyclable materials by the person who generated them prior to such
pickup or delivery. Collection of recyclable materials by persons
not authorized by the Township is prohibited.
A.
Every person in the Township shall be required to separate each of the recyclable materials listed in § 20-18 for the purpose of recycling, from all of the other municipal waste and other waste generated by that person. No person may dispose of such recyclable materials with any other municipal waste or other waste.
B.
Lead acid batteries shall not be disposed of or be
included as municipal waste or recyclable materials. Lead acid batteries
shall be disposed of only in accordance with § 1510 of Act
101 found at 53 P.S. § 4000.1510 and otherwise prevailing
Commonwealth law and regulations.
C.
Plastic beverage containers, which are not degradable,
shall not be used as required by § 1701(c) of Act 101 found
at 53 P.S. § 4000.1701(c).
A.
Acquisition, purchase, identity, purpose.
(1)
Recycling containers shall be purchased by the owner,
occupant or operator of each residential dwelling, other than commercial
multifamily housing, from the Township for $15 and shall become the
property of such owner, occupant or operator.
(2)
The owners, occupants or operators of each residential
dwelling, other than commercial multifamily housing, may purchase
additional recycling containers from the Township at the discretion
of the Township.
(3)
The Township shall have the power to require that
each recycling container be marked to identify the address or location
of the residential dwelling at which it is used.
(4)
Recycling containers shall not be used for any purpose
other than recycling.
B.
Loss, theft or damage.
(1)
The owner, occupant and operator of each residential
dwelling, other than commercial multifamily housing, is responsible
for and shall bear the risk of less, theft or damage to the owner's,
occupant's or operator's recycling containers.
(2)
If a recycling container is lost, stolen or damaged,
the owner, occupant or operator shall purchase a replacement container
from the Township.
All persons owning, occupying or operating residential
dwellings, other than commercial multifamily housing, within the Township
shall:
A.
Prior to collection, cause the recyclable materials
to be separated and maintained in the separated condition until collection
by the Township which separation shall occur prior to the time the
materials are placed at curbside for collection.
B.
Prior to collection, cause the recyclable materials
to be prepared for recycling in accordance with the regulations for
each respective material as established by the Township.
C.
Cause recyclable materials to be placed in the separate
official Township recycling containers or other containers authorized
by the Township, in accordance with regulations promulgated pursuant
thereto.
D.
Acquire and use an official Township recycling container
for the purposes set forth herein.
E.
Place recyclable materials at curbside, and remove
empty recycling containers from curbside, on the scheduled day of
collection, in accordance with the regulations established by the
Township.
A.
The owner, occupant or operator of any commercial
multifamily housing shall provide for the recycling of all recyclable
materials which are generated by such commercial multifamily housing,
by:
B.
The Township may establish regulations defining compliance with the collection system requirements provided in Subsection A.
C.
Owners and operators of commercial multifamily housing who comply with Subsection D shall not be liable for the noncompliance by the occupants of their buildings.
D.
Owners and operators of commercial multifamily housing
shall provide education to occupants at least every six months in
the form of meetings, posters in the trash area or on bulletin boards,
or written notices provided to occupants, instructing them in the
use of the recycling containers and designating the locations where
specified recyclable materials shall be placed for collection. In
addition, the owner or operator shall provide confirmation of oral
instruction or a copy of any written material given to tenants to
document compliance with these requirements.
A.
Every person owning, occupying or operating a commercial
activity, other than commercial multifamily housing, within the Township
shall comply with this article of this chapter by separating and storing
in an enclosed building or closed container, or as otherwise approved
by the Township, until collection for recycling, by contract with
a collector, all recyclable materials which are generated by that
commercial activity.
B.
Persons owning, occupying or generating commercial
institutional and municipal establishments shall be exempt from this
article of this chapter provided such persons have otherwise provided
for the recycling of the recyclable materials; and, provided, further
that an annually provide written document is provided to the Township
of the total number of tons recycled materials and the total amount
of municipal waste, in tons, to determine the percentage reduction
in the municipal waste stream. Community activities shall not be exempt
from this article of this chapter.
C.
Compliance with regulations.
(2)
Provided however that to avoid contamination, in no
event shall any solid waste be mixed with any recyclable material,
and further provided that all cans and glass containers, paper and
cardboard shall be kept separated from each other, unless prior written
approval is obtained from the Township.
Any collector contracted, engaged or hired for
recycling in the Township shall:
A.
Be licensed by the Township as provided by this chapter.
B.
Comply with this chapter, Act 101 and all other applicable
laws and regulations.
C.
To avoid contamination, keep each of the several types
of recyclable materials which are designed for collection and collected
separate from each other, unless the collector can demonstrate to
the satisfaction of the Mayor, in writing, that a market exists for
the commingled recyclable materials and prior written approval is
obtained from the Mayor to engage in such activity. In no event shall
any solid waste be mixed with any recyclable material.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
D.
Ensure that one of the following occurs:
E.
Submit an annual report to the Township Recycling
Coordinator or such other person as may be designated by the Mayor
to receive such reports no later than January 31 of each year reporting
for the previous calendar year. Each report shall state for that year:
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(1)
The quantity in tons of each recyclable material collected
by that collector from properties situate within the Township.
(2)
The total quantity in tons of all garbage, trash,
and refuse collected by that collector from properties within the
Township.
(3)
From whom and to whom, where and how each recyclable
material was sold or delivered for processing or recycling.
F.
Report all instances of apparent noncompliance with
either this article or its own regulations of the Mayor within 72
hours of becoming aware of that noncompliance.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
A.
The Township shall notify the occupants of residential
dwellings and commercial, institutional and municipal establishments
within its boundaries of the requirements of this article.
B.
This notification shall occur at least once every
six months.
C.
Education programs shall be furnished periodically
or upon request through the schools and other organizations.
D.
The Mayor shall have the power to use other methods
of publication to comply with the public information and education
requirements of Act 101 found at 53 P.S. § 4000.1501(d),
as may be satisfactory and adequate in the circumstances.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]