[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Frederick as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-11-1990 by Ord. No. 90-5]
[Amended 8-13-1998 by Ord. No. 98-4]
A.
ACCEPTABLE WASTE
COUNTY
COUNTY ORDINANCE or COUNTY WASTE FLOW ORDINANCE
DATE OF WESTERN COUNTY SYSTEM OPERATION
HAZARDOUS WASTE
(1)
(a)
[1]
[2]
[3]
[4]
(b)
(2)
LANDFILL
MUNICIPALITY
MUNICIPAL WASTE
NONPROCESSIBLE WASTE
PERSON
PLAN
PLAN REVISION
POINT OF ENTRY INTO THE WESTERN COUNTY SYSTEM
PROCESSIBLE WASTE
RECYCLING or RECYCLED
SOURCE SEPARATION
UNACCEPTABLE WASTE
(1)
(a)
(b)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
WASTE AUTHORITY
WESTERN COUNTY SYSTEM or SYSTEM
WHITE GOODS
The following terms shall have the following meanings
in this article:
Municipal waste which is not unacceptable waste or nonprocessible
waste.
County of Montgomery, Pennsylvania.
An ordinance enacted by the county creating the Western County
System in the Western District, providing for the licensure of various
persons, regulating waste flow and setting forth certain related provisions.
That date on which the Western County System shall be declared
by the county to be ready to commence the disposal of acceptable waste
on a sustained basis.
Any material or substance which, by reason of
its composition or characteristics, is:
Toxic or hazardous waste as defined:
In the Resource Conservation and Recovery Act
of 1976, 42 U.S.C. § 6901 et seq.;
In § 6(e) of the Toxic Substances
Control Act, 15 U.S.C. § 2605(e);
Under Act 97; or
Under any other applicable laws of similar purpose
of effect, including, but not limited to, with respect to each of
such items in Subsection A(1)(a) through (d) of this definition, any
replacement, amendment, expansion or supplement thereto and any rules,
regulations or policies thereunder; or
Special nuclear or by-product materials within
the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2001
et seq., and any replacement, amendment, expansion or supplement thereto
and any rules, regulations or policies thereunder; and
Any other material that any governmental agency
or unit having appropriate jurisdiction shall determined from time
to time is harmful, toxic or dangerous, or otherwise ineligible for
disposal in the landfill.
A landfill with which the waste authority has contracted
to dispose of acceptable waste.
The Township of Upper Frederick, a Township of the second
class, located within the County of Montgomery, Commonwealth of Pennsylvania.
Municipal waste as defined in § 103 of Act 97 and
§ 103 of Act 101, and any rules, regulations or policies
promulgated thereunder.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons whatsoever which is recognized by law as the subject
of rights and duties. In any provision of this article prescribing
a fine, penalty, imprisonment or denial or grant of any license or
any combination of the foregoing, the term "person" shall include
the officers and directors of any corporation or other legal entity
having officers and directors.
The county-wide municipal waste management plan developed
by the county and approved by DEP, as such has been and may hereafter
be amended or revised in compliance with law.
The revision dated June, 1990, to the County Municipal Waste
Management Plan developed by the county, to be submitted to DEP and
approved by a majority of the affected municipalities within the county
representing a majority of the county's population.
Any delivery point within the Western County System designated
by the Waste Authority for delivery of acceptable waste.
That portion of acceptable waste which is not nonprocessible
waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as Township waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
The segregation and collection, prior to the point of entry
into the Western County System for the purpose of recycling of individual
components of acceptable waste, such as (without limitation) bottles,
cans and other materials in accordance with Act 101.
Any materials that by reason of its composition,
characteristics or quantity is ineligible for disposal at the landfill
pursuant to the provisions of:
The Resource Conservation and Recovery Act of
1976, 42 U.S.C. § 6901 et seq., and the regulations thereunder;
or
Except for trace amounts normally found in household
or commercial solid waste, any other similarly applicable law, including,
but not limited to, the following laws and the regulations, if any,
promulgated under each: the Toxic Substances Control Act, 15 U.S.C.
§ 2601 et seq.; the Federal Insecticide, Fungicide and Rodenticide
Act, 7 U.S.C. § 136 et seq.; the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601
et seq.; Act 97; the Hazardous Cleanup Act, Act 108, enacted October
18, 1988; and any similar or substituted legislation or regulations
or amendments to the foregoing, as well as any other laws coextensive
with the foregoing;
Any other materials that any governmental body
or unit having or claiming appropriate jurisdiction shall determine
from time to time to be helpful, toxic, dangerous or otherwise ineligible
for disposal at the landfill;
Any waste that a landfill or other applicable
facility is precluded from accepting pursuant to any permit or governmental
plan governing such landfill or other applicable facility;
Hazardous waste;
Residual waste as defined in Act 101 (except
as otherwise provided in any landfill agreement to which the Waste
Authority is a party;
Special nuclear or by-product materials within
the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011
et seq., and any similar or substituted legislation or regulation
or amendments to the foregoing including, but not limited to, any
other laws coextensive with the foregoing;
Asbestos, sludge, infectious waste, chemotherapeutic
waste and incinerator ash (except as otherwise provided in any landfill
agreement to which the Waste Authority is a party;
White goods in quantity and/or automobile tires
in quantity; and
Any other material that the Waste Authority
reasonably concludes would require special handling or present an
endangerment to a disposal facility, the public health or safety,
or the environment.
The Waste System Authority of Western Montgomery County created
by the county for purposes relating to municipal waste disposal and/or
the IMA and the County Waste Flow Ordinance.
The solid waste management and disposal system created by
the county for the Western District and every aspect thereof including,
but not limited to, equipment, transfer stations and resource recovery
facilities, residue disposal sites, contractual arrangements or other
rights, owned, acquired, leased, placed under contract, constructed,
or assumed, operated, or to be owned, acquired, leased placed under
contract, constructed, operated or assumed by the Waste Authority,
the county or any agent, designee or contractor of either in connection
with the plan or the plan revision.
Refrigerators, washing machines, dryers, window air conditioners,
hot water heaters and other major home appliances.
B.
All other words and phrases shall have the same meaning
as set forth in Act 97 or Act 101 as they may hereinafter be amended
or supplemented by legislation regarding municipal waste management
or planning, or as set forth in the IMA shall control.
A.
Licensing. No person who is not duly licensed or deemed
to be licensed by the Waste Authority may collect or transport municipal
waste located or generated within the Township. This waste collection
or transportation license shall be a county license issued by the
Waste Authority.
B.
Compliance with rules, regulations and ordinances.
In carrying on activities related to solid waste collection or transportation
within this Township, all municipal waste collectors and all municipal
waste transporters shall comply with the county ordinance, this article
and the other municipal waste flow ordinances and all rules and regulations
pertaining to the collection, transportation, processing and disposal
of solid waste as may be hereafter promulgated by the Waste Authority.
Delivery by such collectors or transporters to the Western County
System of unacceptable waste, nonprocessible waste (except for white
goods) and waste from unapproved sources is prohibited.
C.
Administration. Licenses hereunder shall be issued
and revoked by the Waste Authority, and administered by it. Any collectors
or transporters who fail to comply with the provisions of this article
shall be subject to any applicable sanctions in addition to the revocation
of their licenses.
A.
Delivery to Western County System. Except as provided Subsections B and C, below, all acceptable waste generated within this Township shall be delivered to the Western County System and, all acceptable waste collectors and transporters shall deliver to and dispose of all acceptable waste collected or generated within Township to solid waste facilities designated in the plan or plan revision at one or more points of entry into the Western County System as designated from time to time by the Waste Authority.
B.
Disposal at other sites. Disposal of municipal waste
collected or generated within the Township may occur at other sites
only as permitted by rule, regulation, ordinance or order duly issued
by the Waste Authority or by the written agreement of the Waste Authority.
C.
Recycling. Nothing herein shall be deemed to prohibit
source separation or recycling or to affect any sites at which source
separation or recycling may take place.
[Amended 8-13-1998 by Ord. No. 98-4]
A.
Compliance with waste authority regulations. The collection,
transportation, processing and disposal of municipal waste present
or generated within the Township shall be subject to such further
reasonable rules and regulations as may from time to time be promulgated
by the Waste Authority including, without limitation, regulations
related to the operation, management and administration of the Western
County System, application and standards for licensing requirements
for payment bonds or other payment security including, but not limited
to, meeting liability insurance requirements, fees to be charged for
such licensing, the terms of licenses, procedures, record keeping,
transportation routes, payment for services, billing for shortfalls,
sanctions for nonpayment and other matters.
B.
Adoption of regulations. Rules and regulations adopted
by the Waste Authority, for the Western County System shall be deemed
rules and regulations adopted under this article.
C.
Consistency of regulations with ordinance and other
laws. No rules or regulations adopted by the Township pursuant to
this article shall be in violation of or inconsistent with the provisions
of this article, the other municipal waste flow ordinances, the County
Waste Flow Ordinance, the plan, the plan revision, the provisions
and purposes of Act 97, Act 101 or regulations adopted thereunder,
or such other laws, regulations or requirements as may be enacted
by the United States of America, the Commonwealth of Pennsylvania,
the Pennsylvania Department of Environmental Protection or the Pennsylvania
Environmental Quality Board governing municipal waste planning, collection,
storage, transportation, processing or disposal.
D.
Enforcement of waste flow control. Enforcement of
waste flow control and the terms of and any duties established pursuant
to the County Waste Flow Ordinance, the other municipal waste flow
ordinances and this article will be the responsibility of the county
or the Waste Authority and, if requested by the county or the Waste
Authority, with the cooperation of the municipalities.
All generators of municipal waste, and all municipal
waste collectors and municipal waste transporters, any landfill operators,
any transfer station operators or any other parties involved in the
collection, transportation, processing or disposal of municipal waste
of the Township shall cooperate in the taking and preparation of an
annual survey to be conducted by an engineering consultant designated
by the Waste Authority.
A.
No person shall enter into any contract or conduct
any other activity concerning the collection, transportation, processing
or disposal of municipal waste in the Township in contravention of
the terms of the County Waste Flow Ordinance, this article or any
rules and regulations issued thereunder.
B.
Recycling. Nothing contained in this article shall
interfere with the operation of any program for recycling.
C.
This article shall be construed consistently with
Act 97 and Act 101.
The county has created the Waste Authority to
administer the terms of the County Waste Flow Ordinance and to operate
and administer the Western County system.
A.
Unlawful conduct. It shall be unlawful for any person
to:
(1)
Violate, cause or assist in the violation of any provision
of this article, any rule, regulation or order promulgated hereunder,
or any rule, regulation or order promulgated by the Waste Authority
or the county consistent with this article.
(2)
Transport, process, treat, transfer or dispose of
or cause to be processed, treated, transferred or disposed municipal
waste generated within the Township except as provided for in this
article.
(3)
Collect or transport municipal waste present or generated
within the Township without a valid license for collection or transportation
issued by the Waste Authority.
(4)
Hinder, obstruct, prevent or interfere with the Township,
the Waste Authority or the county or their personnel in the performance
of any duty under this article or in the enforcement of this article.
(5)
Act in a manner that is contrary to Act 97 or Act
101, regulations promulgated thereunder, the plan, the plan revision,
this article, the county ordinance, rules or regulations promulgated
under this article, the county ordinance, or the terms of licenses
issued thereunder.
[Amended 8-13-1998 by Ord. No. 98-4]
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $500 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
Upon finding that any person has engaged in
unlawful conduct as defined in this article:
A.
Restraining violations. In addition to any other remedy provided in this article, the Waste Authority or the county may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of license promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 224-9, hereof.
B.
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 Waste Authority or the county
from exercising any other remedy provided by this article or otherwise
provided at law or equity.
A.
Entry into IMA. In order to implement the intent and
terms of this article, the Township, pursuant to the authority of
the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180,
53, P.S. §§ 481-490 and Article IX, § 5,
of the Constitution of the Commonwealth of Pennsylvania, has determined
to enter into the IMA between the Township, the county, the Waste
Authority and other municipalities within the Western District, together
with such changes consistent with this article, if any, as may be
approved by the officials of the parties executing the same, such
execution to be conclusive evidence of such approval.
B.
Terms and implementation of the IMA. As more fully
set forth in the IMA and this article:
(1)
Terms of IMA. In the IMA.
(a)
The Waste Authority agrees to arrange through
the Western County System for the provision of municipal waste disposal
facilities for the economical and environmentally sound disposal of
acceptable waste generated within the municipalities.
(b)
The municipalities state that they have enacted
a municipal waste flow ordinance in a form substantially similar to
this article which requires that all acceptable waste be delivered
to the Western County System.
(d)
The municipalities agree to cooperate with the
Waste Authority in the enforcement of the IMA and all ordinances enacted
pursuant to the IMA (provided, however, that to the extent the enforcement
of such ordinances can properly be delegated to it, the Waste Authority
shall undertake the primary responsibility for such enforcement) and
the municipalities thereby agree cooperatively to exercise their powers
to accomplish the objectives of the IMA.
(2)
Duration of term of IMA. The term of the IMA shall
commence on the date thereof and shall terminate on the 10th anniversary
of the date the Western County System becomes operational.
(3)
Purpose and objectives of IMA. The purpose of the
IMA is to provide a mechanism to implement and operate the Western
County System.
(4)
Financial obligations under the IMA. During the term
of the IMA, municipalities (to the extent that they engaged in the
collection or transportation of municipal waste or contract with other
persons for the collection or disposal of municipal waste) and other
persons using the Western County System shall pay to the Waste Authority
on a monthly basis the appropriate per ton tipping fees plus any other
charges payable, as specified by the Waste Authority, for all tonnage
delivered or caused to be delivered to the Western County System,
in accordance with Article III of the IMA. Municipalities shall provide
certain monies for operating expenses of the Authority to the extent
not paid for through tipping fees on the basis of adjusted population
data.
C.
Execution. Appropriate officers of this Township are
authorized and directed to execute the IMA on behalf of this Township.
D.
Findings under intergovernmental cooperation act.
As required by the Intergovernmental Cooperation Act of July 12, 1972,
P.L. 762, No. 180, as amended, the following matters are specifically
found and determined:
(1)
The conditions of agreement are set forth in the IMA;
(2)
The duration of the terms of this agreement are set
forth in § 801 of the IMA;
(3)
The purpose of the IMA is to cooperate with the county
or Waste Authority and other municipalities in implementing the plan
and the plan revision;
(4)
The agreement will be financed through tipping fees
imposed on users of the Western County System and through the budgeting
and appropriation of funds by the Township as necessary to meet the
expense of the Waste Authority;
(5)
The organization structure necessary to implement
the agreement is set forth in the IMA with which the current officers
of the Township shall cooperate;
(6)
The manner in which property, real or personal, shall
be acquired, managed, licensed or disposed of is as set forth in the
IMA; and
(7)
The agreement contemplates cooperation with the county
or Waste Authority, which entities are empowered to enter into contracts
for policies of group insurance and employee benefits, including social
security, for their employees.
The terms and provisions of this article are
to be liberally constructed, so as best to achieve and to effectuate
the goals and purposes hereof. This article shall be construed in
pari materia with Act 97 and Act 101.
The Township will take such actions as are necessary
to comply with the terms of the IMA and to fulfill its obligations
thereunder.
[Adopted 7-24-2008 by Ord. No. 2008-07]
This article shall be known as the "Upper Frederick Township
Recycling Ordinance."
As used herein, the following terms shall have the meanings
herein described, unless otherwise provided:
Empty aluminum beverage and food containers, commonly known
as "aluminum cans."
Empty food or beverage containers constructed of a mixture
of ferrous metal, usually tin or steel, and nonferrous metal, usually
aluminum.
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.
Any establishment which engages in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
Events sponsored, in whole or in part, by Upper Frederick
Township, or conducted within Upper Frederick Township, and sponsored
privately, which include, but are not limited to, fairs, bazaars,
socials, picnics and organized sporting events that will be attended
by 250 or more individuals per day.
Paper products made of a stiff, moderately thick paper board,
containing folds or alternating ridges, commonly known as "cardboard."
County of Montgomery, Pennsylvania.
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.
Any material or substance which, by reason of its composition
or characteristics, is:
Special nuclear or byproduct materials within the meaning of
the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq.,
and any replacement, amendment, expansion or Supplement thereto, and
any rules, regulations or policies thereunder; and
Any other material that any governmental agency or unit having
appropriate jurisdiction shall determine, from time to time, is harmful,
toxic or dangerous, or otherwise ineligible for disposal in the landfill.
All types of white paper, bond paper and computer paper used
in residential, office, commercial, institutional and municipal establishments.
As defined in the Solid Waste Management Act of July 7, 1980
(P.L. 380, No. 97),[2] including, but not limited to, pesticides, certain paints,
cleaning agents and automotive products.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including, but not
limited to, municipal buildings, hospitals, nursing homes, orphanages,
schools and universities.
Any individual or organizational owner who rents and/or leases
residential units, commercial space or industrial complex(es). Landlords
own the property in question and deal directly or through rental agents
with their tenants or lessees.
Leaves, garden residue, shrubbery and tree trimmings and
similar materials, but not including 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, envelopes, mixtures of high-grade office paper
and the like.
The Township of Upper Frederick, Montgomery County, Pennsylvania.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation 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[3] 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, removing or transporting municipal
waste and/or recyclable materials for owners or occupants of property
in Upper Frederick Township, and any commercial, industrial or institutional
property within Upper Frederick Township that generates municipal
waste or recyclable materials. All municipal waste collectors shall
be registered in Upper Frederick Township.
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.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency (including, but
not limited to, the Department of General Services and the State Public
School Building Authority), or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. The term
"person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
Empty plastic food and beverage containers.
Those materials specified by Upper Frederick Township for
collection in accordance with this article, and any 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 bimetal cans, clear and colored No. 1 and
No. 2 plastic containers, high-grade office paper, mixed paper and
newspaper, magazines and corrugated paper. The list of recyclable
materials may be changed, from time to time, by resolution of the
Board of Supervisors of Upper Frederick Township.
A container provided by the municipal waste collector, made
of rigid plastic construction and identified as such. All such containers
shall also have the municipality's name, i.e., "Upper Frederick
Township," prominently displayed.
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 and deal directly with tenants or lessees on behalf of the
owner.
Any person who owns, leases or occupies a property located
in Upper Frederick Township and is used as a residence.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials,
resulting from industrial, mining and agricultural operations, and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term shall
not include coal refuse as defined in the Act of September 24, 1968
(P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[4] The term shall not include treatment sludges from coal
mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean
Streams Law."[5]
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
A.
It shall be unlawful for any person, persons or company to collect,
remove and/or transport municipal waste or recyclable materials within
Upper Frederick Township without first registering with the Township.
B.
All municipal waste collectors shall register for a period of one
year from the date of issuance of the registration or until January
31 of the next calendar year. Each registrant shall renew its registration
no later than January 31 of each calendar year. Registered municipal
waste collectors shall comply with all the requirements of this article
in order to remain in good standing.
C.
At the time of registration, the municipal waste collector shall
provide the following information:
(1)
Submit an annual registration application. This application shall
indicate the name of the municipal waste collector, business address
and telephone number of the business office.
D.
Upon finding and determining that any person, persons or business
has violated this article, the Township may revoke its registration
to conduct business in Upper Frederick Township. Such revoking of
said registration shall continue until the person, persons or business
is found to be in compliance with the article.
A.
All municipal waste collectors shall, in addition to providing refuse
collection and disposal services, also provide for the curbside collection
of recyclable materials. The municipal waste collector shall provide
recyclable collection no less often than once every two weeks.
B.
All municipal waste collectors shall submit a schedule to be approved
by Upper Frederick Township. This schedule shall be submitted at the
time of registration. Any changes made to the schedule during the
year shall be submitted to the Township.
C.
All municipal waste collectors shall keep records of the quantities
of recyclable materials collected in Upper Frederick Township. The
records shall include the weight (in tons) of each recyclable material
and should be separated by residential and commercial collection.
D.
All municipal waste collectors shall complete and submit an annual
municipal waste and recycling report on or before the 15th day of
January each year.
E.
All municipal waste collectors shall record and annually report the
amount of leaf waste collected.
F.
All municipal waste collectors shall maintain all records regarding
recycling. These records shall be used to complete a municipal waste
and recycling report. This report shall be completed and due by January
15 of each year. Renewal of the municipal waste collector's registration
may be withheld pending receipt of this information.
A.
All residents in Upper Frederick Township shall separate recyclable
materials from all municipal waste generated at their properties.
The recyclable materials shall be placed in separate reusable recyclable
containers provided by the municipal waste collector.
C.
All residents shall place their recyclable materials in containers
provided by the municipal waste collector. A municipal waste collector
shall also provide containers or dumpsters for recyclable materials
where individual residential refuse collection does not occur (e.g.,
multifamily residential units, such as apartments or condominiums).
The preparation for collection of municipal waste and recyclable materials
shall be made in accordance with the instructions provided by the
municipal waste collector.
D.
All residents shall separate leaf waste from all municipal waste
and recyclable materials.
E.
Collection of recyclable materials from the residents shall be no
less than once every two weeks on a schedule approved by Upper Frederick
Township. Whenever possible and practical, the collection of recyclables
shall be on a regular trash pickup day. All recyclable containers
shall be placed at the curb or the edge of the front yard and the
edge of the road at the front of the property. Newspapers, magazines
and corrugated paper shall be bundled and tied with rope or a cord.
Newspapers and magazines may be placed in paper bags (not plastic
bags). No recyclable container, including bundles of newspaper, shall
exceed 50 pounds.
F.
All residents shall be responsible for separating household hazardous
waste from the recyclable materials and other municipal waste. It
is the responsibility of the resident to dispose of household hazardous
waste in accordance with the PADEP regulations. Such hazardous waste
shall not be commingled or otherwise included with any municipal waste
or recyclable materials.
G.
Owners or landlords of any multifamily residential unit with four
or more units, such as apartments or condominiums 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. Owners or landlords of multifamily
residential units shall provide written instructions to the occupants
concerning the use and availability of such containers and dumpsters.
Owners and landlords of multifamily residential units who comply with
these requirements shall not be held liable for the noncompliance
of any person 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 materials and
placing them in the containers or dumpsters provided for such purposes.
A.
All persons occupying commercial, institutional and municipal establishments
within Upper Frederick Township shall separate the following: high-grade
office paper, newspaper, magazines and corrugated paper, aluminum
cans, leaf waste, and such other materials that may be changed, from
time to time, by resolution of the Board of Supervisors of Upper Frederick
Township. Written documentation and certification of the amounts recycled
shall be submitted to Upper Frederick Township. Such person may comply
with the reporting requirements by requiring their municipal waste
collector to provide said documentation and certification directly
to the Township.
B.
Organizers of any activity, event or function in Upper Frederick
Township that draws 250 persons or more shall also be required to
recycle the following: aluminum cans, No. 1 PET and No. 2 HDPE plastics,
clear glass and colored glass. Written documentation and certification
of the amounts recycled shall be submitted to Upper Frederick Township.
The reporting requirements may be complied with by requiring their
municipal waste collector to provide said documents and certification
directly to the Township.
C.
Restaurants and taverns shall recycle the following: newspaper, corrugated
paper, aluminum cans, steel and bimetallic cans, clear glass, colored
glass, No. 1 PET and No. 2 HDPE plastics. Written documentation and
certification of the amounts recycled shall be submitted to Upper
Frederick Township. The reporting requirements may be complied with
by requiring their municipal waste collector to provide said documents
and certification directly to the Township.
A.
No person shall place municipal waste or any hazardous waste in the
containers intended for separation and collection of recyclable materials.
B.
No person shall place recyclable materials or any hazardous waste
in any container intended for the separation and collection of municipal
waste.
C.
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 a scheduled collection and ending at 12:00 midnight on the day
of a scheduled collection.
D.
No municipal waste collector shall mix any municipal waste with the
required separated recyclable material or leaf waste collected. Failure
to provide lawful disposition of any municipal waste, recyclable materials
or leaf waste collected in accordance with this article and any federal,
state or local law and/or regulation may be grounds for the suspension
and revocation of the municipal waste collector's registration
or denial of its registration renewal.
A.
It shall be unlawful 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. Such conduct
shall also constitute a public nuisance.
B.
Any person who violates any provision of this article shall receive
an official written warning of noncompliance from Upper Frederick
Township for the first offense. Thereafter, any violation of any provision
of this article shall, upon being adjudicated liable therefor in an
action brought before a District Justice in the manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure, be sentenced to pay a fine of not more than $1,000,
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each such violation of
this article, or each day that a violation of this article continues,
shall constitute a separate offense.
C.
The provisions of this article shall be enforced by the Code Enforcement
Officer of Upper Frederick Township or other party so designated by
the Board of Supervisors.
In the event that any provision, section, sentence, clause or
part of this article shall be held invalid, such invalidity shall
not affect or impair any remaining provision, section, sentence, clause
or part of this article. It is the intent of the Board of Supervisors
of Upper Frederick Township that such remainder shall be and shall
remain in full force and effect.
This article shall become effective five days following the
date of adoption.
