[Ord. 2007-04, 8/7/2007]
1.
ACT 90
ACT 97
ACT 101
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
COUNTY
DEPARTMENT or PADEP
DISPOSAL
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPALITY
MUNICIPAL WASTE
PERSON
PROCESSING
RECYCLING
SCAVENGING
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSPORTATION
The following words and phrases, as used in this Part, shall have
the meanings ascribed to them herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Waste Transportation Safety Act of 2002
(P.L. 596, No. 90, June 29, 2002).[1]
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[2]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[3]
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste and/or source-separated recyclable materials.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, offices, restaurants,
shopping centers and theaters.
The County of Bucks, Pennsylvania.
The Pennsylvania Department of Environmental Protection.
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air, or is discharged to the waters of this commonwealth.
"Disposal facilities" include but are not limited to municipal waste
landfills and construction/demolition waste landfills, as defined
by Act 101, Act 97,[4] and/or PADEP rules and regulations (e.g., 25 Pa. Code
Chapters 75 and 271).
Any establishment engaged in manufacturing or production
activities, including but not limited to factories, foundries, mills,
processing plants, refineries, mines and slaughterhouses.
Any establishment or facility engaged in services, including
but not limited to hospitals, nursing homes, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
Any collector or hauler of vegetative waste, municipal waste
and/or source-separated recyclables possessing a current license issued
by the PADEP.
Plumstead Township, Bucks 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" under Act 97 from a municipal, commercial or institutional
water supply treatment plant, wastewater treatment plant or air pollution
control facility. The term does not include any source-separated recyclable
materials.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government agency, state institution or agency, or any other legal
entity recognized by law as the subject of rights and duties. In any
provisions of this Part 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 other legal entity
having officers and directors.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such materials for off-site reuse. "Processing facilities"
include but are not limited to transfer facilities, recycling facilities,
composting facilities and resource recovery facilities.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste, or
the mechanized separation and treatment of municipal waste (other
than through combustion) and creation and recovery of reusable material
other than a fuel for the operation of energy.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
Materials, including leaf wastes, that are separated from
municipal waste at the point of origin or generation for the purpose
of recycling.
The off-site removal of any municipal waste at any time after
generation.
2.
For the purposes of this Part, the singular shall include the plural,
and the masculine shall include the feminine and neuter.
[Ord. 2007-04, 8/7/2007]
1.
It shall be unlawful for any person to collect leaf waste or municipal
waste or source-separated recyclable materials from any residential,
public, commercial, industrial or institutional establishment within
Plumstead Township without first securing the necessary approvals
of the PADEP.
2.
It shall be unlawful for any person to collect and/or transport source-separated
recyclables, leaf waste or municipal waste or source-separated recyclable
materials from any sources within Plumstead Township in a manner not
in accordance with the provisions of this Part, any applicable municipal
ordinance, the Bucks County Municipal Waste Management Plan, Act 101,
the minimum standards and requirements established in Chapter 285
of the PADEP's Municipal Waste Management Regulations (25 Pa. Code
Chapter 285), and/or any federal, state or local regulations.
3.
It shall be unlawful for any person to scavenge any material from
any municipal waste or source-separated recyclable materials that
are stored or placed for subsequent collection within Plumstead Township
without prior approval from the municipality.
4.
It shall
be unlawful to dump, destroy, burn or otherwise dispose of municipal
waste or source-separated recyclable materials within the Township,
except at an approved disposal site. This prohibition shall not extend
to the composting of leaf waste.
[Added by Ord. 2010-07, 9/21/2010]
[Ord. 2007-04, 8/7/2007]
All collectors or waste haulers operating within Plumstead Township
must comply with the following minimum standards and regulations:
1.
All trucks or other vehicles used for collection and transportation
of municipal waste and/or source-separated recyclable materials must
comply with the requirements of Act 97 and Act 101 and Department
regulations adopted pursuant to Act 97 and Act 101, including the
25 Pa. Code Chapter 285, Subchapter B,[1] regulations for the collection and transportation of municipal
waste or source-separated recyclable materials.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq., 53
P.S. § 4000.101 et seq., and 25 Pa. Code § 285-201
et seq., respectively.
2.
All collection vehicles conveying municipal waste, leaf waste, and/or
source-separated recyclable materials shall be operated and maintained
in a manner that will prevent creation of a nuisance or a hazard to
public health, safety and welfare.
3.
All collection vehicles conveying putrescible municipal waste shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors and the creation of odors and other nuisances.
4.
All collection vehicles conveying nonputrescible municipal waste,
leaf waste, and/or source-separated recyclable materials shall be
capable of being enclosed or covered to prevent litter and other nuisances.
5.
All collection vehicles conveying municipal waste, leaf waste, or
source-separated recyclable materials shall bear signs identifying
the name and business address of the person or municipality which
owns the vehicle and the specific type of material transported by
the vehicle. All such signs shall have lettering which is at least
six inches in height as required by Act 101.
6.
All licensed collectors or licensed waste haulers shall offer to
their residential customers commingled recyclables collection service
as a part of the normal collection fee for residential trash collection.
This requirement shall apply regardless of whether the customer pays
on a flat fee basis or per bag basis. Recyclables collection shall
include, at a minimum, the following commodities: newspaper, clear
and colored glass, aluminum, steel and bimetallic cans, and Number
1 and Number 2 plastic. Recyclables shall be collected from each residential
customer at a minimum of biweekly. All recyclables shall be delivered
to a recycling facility as defined in Act 101 or shall be marketed
by the hauler.
7.
All licensed collectors or licensed waste haulers shall make available recyclables collection service, as outlined in Subsection 6 (immediately above), to noncustomers and may charge therefor on a fee-for-service basis.
8.
All licensed collectors or licensed waste haulers shall provide to
their residential customers large item pickup on a regular or as needed
basis.
9.
Each licensed collector, waste hauler or collector and hauler of
source-separated recyclable materials operating in the Township shall
provide for at least one collection of leaves, garden residue, and
similar vegetative materials monthly.
10.
Each licensed collector, waste hauler, or collector and hauler of source-separated recyclable materials operating in the Township shall provide for at least one collection of shrubbery, tree trimmings and similar vegetative materials monthly. This collection is not to be combined with the collection of leaf waste required by Subsection 9 above but shall be a separate collection.
11.
Each licensed collector, waste hauler, or collector and hauler of
source-separated recyclable materials operating in the Township shall
provide for at least one collection of Christmas trees between January
7 and January 31 of each year.
12.
Collections shall be made from all properties throughout the Township,
including all streets, accepted or otherwise, and including those
streets that are temporarily closed for repairs or construction. In
the latter case, special collection points shall be designated by
the Board or its designee if the condition of the street would prevent
access thereto by the collector's truck.
13.
The licensed collector, licensed waste hauler, or collector and hauler
of source-separated recyclable materials shall collect garbage, paper,
ashes, trash, rubbish, recyclables, leaf waste, shrubbery, Christmas
trees, tree trimmings, and similar vegetative materials throughout
the Township on routes and according to schedules approved by the
Board or its designee. Schedules shall be distributed to all customers
and the Township.
14.
Collections shall not be made on the following holidays: New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
or Christmas Day.
15.
Collections shall be made at those hours mutually agreed upon between
the authorized collector and the Board or its designee. Hours agreed
upon shall be so indicated within the collection contracts.
16.
Each truck shall have at least one broom and one shovel to clean
up refuse that may be spilled or otherwise scattered during the process
of collection and transportation.
17.
The collector, at his expense, shall store and park the equipment
at a convenient and lawful place. No trucks or equipment may be parked
or stored on Township streets or roadways, except during actual collection
periods.
[Ord. 2007-04, 8/7/2007]
1.
No person shall collect or remove and then subsequently haul or transport
any municipal waste or source-separated recyclable material through
or upon the streets of Plumstead Township without first obtaining
written authorization from the PADEP in accordance with the provisions
of Act 90.[1] This section shall not apply to private individuals (e.g.,
homeowners) who wish to transport their own household waste or recyclables
to approved facilities or recyclables to recycling centers, nor to
farmers, landscapers or nurserymen who collect, remove, haul or otherwise
transport agricultural or other organic waste associated with their
respective business activities.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
2.
Each licensed waste hauler or collector shall dispose of all municipal
waste at a facility or facilities approved by the PADEP or a facility
approved by a state other than Pennsylvania.
3.
For a collector or waste hauler to collect and transport municipal
waste within Plumstead Township, a collector or waste hauler shall
submit a registration form to Plumstead Township which shall include
a copy of their state-issued written authorization, and a copy of
their Municipal and Residual Waste Transporter Authorization Application
(PADEP Form 2500-PM-BWM0015), along with any of the following information
that may be deemed appropriate by Plumstead Township:
A.
A list of collection vehicles covered under the written authorization,
including, as a minimum, the following information for each vehicle:
identification information for each vehicle (such as vehicle license
number, vehicle registration number, or company identification number),
date and location of most recent vehicle inspection, and hauling capacity
of the vehicle.
B.
The type of municipal waste to be collected and transported.
C.
If they are hauling or collecting source-separated recyclable materials
in the municipality, identify the materials being hauled or collected
and provide the following information for each vehicle: identification
information for each vehicle (such as vehicle license number, vehicle
registration number, or company identification number), date and location
of most recent vehicle inspection, and hauling capacity of the vehicle.
4.
Any person who fails to satisfy the minimum standards and requirements
of this Part or is in violation of the provisions of this Part may
not lawfully collect municipal waste or source-separated material
in Plumstead Township.
5.
All licensed collectors and licensed waste haulers shall meet the
requirements of Act 90, Act 97, Act 101, the Bucks County Municipal
Waste Management Plan, and all PADEP rules and regulations (25 Pa.
Code Chapter 285).
[Ord. 2007-04, 8/7/2007]
1.
All licensed collectors, licensed waste haulers, and collectors and
haulers of source-separated recyclable materials shall promptly report
any significant changes in the collection vehicles or equipment covered
under the license and any changes in insurance coverage to the municipality.
2.
All licensed collectors, licensed waste haulers, and collectors and
haulers of source-separated recyclable materials shall maintain current,
up-to-date records of the collected municipal waste and/or source-separated
recyclable material within Plumstead Township. Such records and collected
volume reports shall be subject to review by and shall be made available
to the municipality or its authorized agents upon written request.
3.
All licensed collectors, licensed waste haulers, and collectors and
haulers of source-separated recyclable materials operating within
Plumstead Township shall document the origin of leaf waste and municipal
waste and source-separated recyclable material and the ultimate disposal
point of said waste and recyclables. As part of the program, each
licensed collector, licensed waste hauler, and collector and hauler
of source-separated recyclable materials shall prepare and submit
a semiannual report to Plumstead Township. The report for the first
half of the year (January through June) shall be submitted on or before
July 31, and the report for the second half of the year (January through
December) shall be submitted by January 31 of the following year.
At a minimum, the following information shall be included in each
report:
A.
The total weight of municipal waste, leaf waste and source-separated
recyclable materials collected from all sources within the municipality
during each month of reporting period.
B.
The name of each processing and/or disposal facility used during
the reporting period and the total weight of municipal waste, leaf
waste and/or source-separated recyclable materials delivered to each
facility during each month of the reporting period.
C.
Any other information determined to be necessary to demonstrate municipal
compliance with PADEP regulations.
4.
All semiannual reports submitted to the municipality from licensed
collectors, licensed waste haulers, and collectors and haulers of
source-separated recyclable materials shall be submitted by the municipality
to the county by August 31 (covering January through June) and by
February 28 of the following year (covering July through December).
[Ord. 2007-04, 8/7/2007]
Any person who violates any provision of this Part shall, upon
conviction at a summary proceeding, be sentenced to pay a fine to
the use of Plumstead Township of up to but not more than $1,000, together
with costs of prosecution, or be imprisoned for a period of not more
than 90 days, or both. Each day of violation shall be considered as
a separate offense.
[Ord. 2007-04, 8/7/2007]
Plumstead Township may petition the Bucks County Court of Common
Pleas for an injunction, either mandatory or prohibitive, in order
to enforce any of the provisions of this Part.
[Ord. 2007-04, 8/7/2007]
1.
No person shall permit any refuse to accumulate for a period of longer
than seven days upon property in the Township owned or occupied by
said person.
2.
Recyclables and leaf waste shall be separated from municipal waste
to minimize contamination. Municipal waste shall not be placed in
containers used for recycling.
3.
All refuse or recyclables accumulated upon any property in the Township
shall be collected, conveyed and disposed of by licensed collectors,
licensed waste haulers, or collectors and haulers of source-separated
recyclable materials in accordance with the provisions of this Part,
except that such refuse or recyclables may be collected, conveyed
and disposed of by property owners from their own property, provided
that they comply with the provisions of this Part pertaining to refuse
containers and vehicles, and provided that they remove their refuse
to a state- or county-approved site.
4.
All commercial, industrial, institutional and residential establishments in the Township shall be required to contract with an authorized collector or waste hauler for the disposal of municipal waste. The Township may require evidence of a contract from any licensed collector or waste hauler, which evidence shall be deemed conclusive evidence that an establishment has contracted to properly dispose of its municipal waste. This provision shall take effect within 90 days of the adoption of this Part. Failure to comply shall subject the violator to the penalties of § 20-106 herein.
5.
It shall be unlawful for any person to collect and/or dispose of
any refuse within the Township, except as provided in this Part.
[Ord. 2007-04, 8/7/2007]
As used in this Part, the following terms shall have the meanings
indicated:
Empty, all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
An establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers, and theaters.
Events that are sponsored in whole or in part by a mandated
municipality or conducted within a mandated 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.
A controlled microbial degradation of organic waste to produce
a relatively nuisance-free product of potential value as a soil conditioner.
Any structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Any bond, copier, letterhead or mimeograph paper typically
sold as white ledger paper and computer paper.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines, and slaughterhouses.
Any establishment or facility engaged in services, including
but not limited to hospitals, nursing homes, orphanages, schools,
and universities.
Leaves, garden residues, shrubbery, and tree trimmings, and
similar materials, but not including grass clippings.
Any collector or hauler of vegetative waste, municipal waste
and/or source-separated recyclables possessing a current license issued
by the Township.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all
other paper products of any nature whatsoever.
Any occupied residential structure having in excess of four
dwelling units per structure, including, without limitation, apartments,
townhouses, condominiums, and cooperatives.
Any facility or building owned or operated by a local government
or county government, local government or county government authority,
state government or agency, or federal government agency.
Any garbage, refuse, industrial, lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the 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,[1] 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.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements and other matters of public interest.
Expressly excluded, however, are newspapers that have been soiled.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, or any
other legal entity whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this Part 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 other legal entity having officers and directors.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic that may be recycled.
Those materials specified by the municipality to be recycled. This list of materials is specified in the recycling regulations resulting from this Part, is designated in § 20-203 hereof, and may be revised from time to time as deemed necessary by the municipality.
The collection, separation, recovery, and sale or reuse of
metals, glass, paper, leaf waste, plastics, and other materials which
would otherwise be disposed of or processed as municipal 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.
Any occupied single-family or multifamily dwelling, having
up to four dwelling units per structure, from which a municipal or
private hauler collects solid waste.
All refuse, garbage and rubbish, and other discarded solid
material normally collected by municipal or private haulers.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[Ord. 2007-04, 8/7/2007]
There is hereby established a program requiring the separation
from municipal waste of recyclable materials and leaf waste generated
at residences, multifamily residences, commercial, municipal and institutional
establishments, and community activities.
[Ord. 2007-04, 8/7/2007]
1.
Residences. Designated recyclable materials generated at residences
shall be placed at the curb, separate from municipal waste, for collection
at such times and dates and from such containers as may be established
by regulation or at a minimum once a month. Designated recyclable
materials for residences are aluminum cans, glass containers, leaf
waste, bimetal containers, Number 1 and Number 2 plastic containers,
corrugated paper, and newspaper.
2.
Multifamily Residences. Recyclable materials generated at multifamily
residences shall be placed in appropriate containers, separate from
municipal waste. Collection receptacles of sufficient size for recyclable
materials shall be placed in easily accessible locations, such as
storage areas or areas where municipal waste is presently collected.
Recyclable materials shall be stored in accordance with state fire
code regulations and all federal, state and local health and safety
laws and ordinances until collection. Recyclable materials shall be
collected at least once per month. Designated recyclable materials
for multifamily dwellings are aluminum cans, bimetal containers, leaf
waste, glass containers, Number 1 and Number 2 plastic containers,
corrugated paper, and newspaper.
3.
Commercial, Municipal and Institutional Establishments and Community
Activities. The owners/operators of commercial, municipal or institutional
establishments or sponsors/organizers of community activities shall
separate designated recyclable materials from municipal waste. Recyclable
materials shall be placed in appropriate containers. Collection receptacles
shall be placed in all buildings, in all floors and wings thereof,
in each office, and in all areas where food is served or consumed,
including, without limitation, cafeterias, lunchrooms, fast-food areas,
and vending machine rooms. Recyclable materials shall be stored in
accordance with state fire code regulations and all federal, state
or local health and safety laws and ordinances until collection. Recyclable
materials shall be collected at least once per month.
A.
Designated recyclable materials for commercial, municipal or institutional
establishments and community activities are aluminum cans, bimetal
cans, high-grade office paper, glass containers, Number 1 and Number
2 plastic containers, and corrugated paper.
B.
Exemption. Owners/operators of commercial, municipal, or institutional
establishments may obtain an exemption from the requirements of this
Part if those persons/establishments otherwise provide for recycling
high-grade office paper, aluminum cans, corrugated paper, glass containers,
leaf waste, and any other materials that such establishments are required
to recycle. To qualify for an exemption under this subsection, commercial,
institutional, and municipal establishments must provide written documentation
on or before January 20 for the previous calendar year. This documentation
may be in the form of one of the following:
(1)
Copies of weight receipts or statements which consolidate such
information.
(2)
A report from the provider of recycling collection services
which identifies the amount of each material collected and marketed.
The type and weight of recyclables generated by an individual establishment
may be approximated based on a representative sample of its source-separated
materials. Where recyclables from several establishments are collected
in the same vehicle, an individual establishment's contribution to
the load may be apportioned. Only the weight of materials marketed
for recycling purposes can be credited to an establishment.
[Ord. 2007-04, 8/7/2007]
1.
All municipal waste, recyclable materials, and leaf waste accumulated
at residences, multifamily residences, commercial, institutional,
and municipal establishments, and at community activities shall be
collected, conveyed and disposed of only by collectors/haulers. When
approved by the municipality, commercial, institutional, or municipal
establishments may collect, convey, and dispose of municipal waste
and/or recyclable material generated by said establishments.
2.
All licensed collectors, waste haulers and collectors and haulers of source-separated recyclable materials shall comply with the reporting requirements of § 20-105.
3.
All licensed collectors, waste haulers and collectors and haulers
of source-separated recyclable materials in the municipality shall
schedule at least one day a month during which separated materials
are to be placed at the curbside or a similar location for collection.
4.
Each licensed collector, waste hauler or collector and hauler of
source-separated recyclable materials operating in the Township shall
provide for at least one collection of leaves, garden residue, and
similar vegetative materials between March 1 and October 1 of each
year.
5.
Each licensed collector, waste hauler, or collector and hauler of
source-separated recyclable materials operating in the Township shall
provide for at least one collection of shrubbery, tree trimmings,
and similar vegetative materials between March 1 and October 1 of
each year.
6.
Each licensed collector, waste hauler, or collector and hauler of
source-separated recyclable materials operating in the Township shall
provide for at least one collection of Christmas trees between January
7 and January 31 of each year.
[Ord. 2007-04, 8/7/2007]
The Board of Supervisors is authorized and directed to enforce
this Part. The same is hereby authorized and directed to establish
and promulgate reasonable regulations as to the manner, days, and
times for the collection of recyclable materials in accordance with
the terms hereof and any other matters required to implement this
Part. The Board of Supervisors may change, modify, repeal, or amend
any portion of said rules and regulations at any time.
[Ord. 2007-04, 8/7/2007]
1.
Any person who shall fail, neglect, or refuse to comply with any
of the terms or provisions of this Part or of any regulation promulgated
pursuant hereto pertaining to the separation, storage, collection,
transportation, or disposal of recyclable materials or municipal waste
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this Part that is violated shall also
constitute a separate offense.
[Amended by A.O.]
2.
Notwithstanding the foregoing, any person who violates this Part
by collecting or picking up or causing to be collected or picked up,
without the appropriate municipal license, recyclable materials shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this Part that is violated shall also
constitute a separate offense.
[Amended by A.O.]
3.
Owners, landlords and agents for owners or landlords who comply with
this Part shall not be liable for the noncompliance of tenants/occupants
of their property.
[Ord. 2007-04, 8/7/2007]
The Board of Supervisors may enter into agreements with public
or private agencies or firms to authorize them to collect all or part
of the recyclable materials from curbside.
[Ord. 2007-04, 8/7/2007]
Any person may donate or sell recyclable materials to individuals
or organizations that are licensed or authorized by the municipality
in its recycling regulations. These materials must either be delivered
to the individual's or organization's site or they may be placed at
the curb for collection by said individual or organization on days
not indicated as recyclable material collection days by the municipality.
Said individuals or organizations may not collect recyclable materials
on or immediately preceding (within 24 hours) a regularly scheduled
curbside collection day.
