As used in this chapter, the following terms shall have the
meanings indicated:
BIODEGRADABLE
Substances or materials capable of being decomposed by natural
biological processes. In connection with sacks for the collection
of leaf waste, "biodegradable" shall not include any plastic product
even though such product shall claim to be "degradable" or "biodegradable."
LEAF WASTE
Leaves and foliage of trees and shrubs, and foliar garden
residues, but not including grass clippings or tree or shrubbery branches.
TREE OR SHRUBBERY BRANCHES
The woody secondary stems of trees, or woody stems of shrubs
having a diameter of 1/2 inch or larger and a length of two feet or
more.
WASTE
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from residential, commercial or industrial uses.
Pursuant to the provisions of Act No. 101 of 1988, the Municipal
Waste Planning, Recycling and Waste Reduction Act, the Township hereby requires and mandates that all grass
clippings, leaf waste and tree or shrubbery branches shall be separated
from other waste, and not placed with or collected with other waste
from all single-family residential properties, apartments and other
residential properties within the Township. All grass clippings, leaf
waste and tree and shrubbery branches shall be collected for disposal
exclusively by composting.
A. Township collection. The Township shall collect all grass clippings, leaf waste and tree and shrubbery branches from all single-family residential properties in the Township from which the Township is presently collecting waste pursuant to Article
I of this chapter. All owners or occupants of such properties shall be required to separate grass clippings, leaf waste and tree and shrubbery branches from the other waste generated at such properties until collection by the Township, unless such owner or occupant shall have otherwise provided for the composting of such materials.
B. Apartments and similar establishments. The owner of any multifamily
apartment or similar residential establishment shall provide for the
collection of all grass clippings, leaf waste and tree and shrubbery
branches from such property in the Township separately from the collection
of waste from such property for disposal by composting unless such
owner shall have otherwise provided for the composting of such materials.
Annually, such owner of any multifamily apartment or similar residential
establishment shall provide written documentation to the Township
of compliance with this provision.
Grass clippings or leaf waste shall be placed for collection by the Township either in exclusively biodegradeable paper sacks or bags purchased from the Township or of a type approved by the Township or in containers in accordance with §
279-4A of Article
I of this chapter, provided such container has a hole in the bottom thereof to allow the drainage of water. Suitable bags may be acquired by purchase from the Township at a cost to be established by the Board of Commissioners by resolution.
The Township will collect loose leaves from the streets and
adjacent curblines by means of vacuum collection trucks.
Branches from hedges, tree or shrubbery trimming must be tied
into bundles using string, twine or other nonmetallic biodegradable
material. Such bundles shall not exceed 50 pounds in weight and be
no more than three feet in length and 1 1/2 feet in diameter.
The following acts or practices shall be prohibited:
A. The mixing of grass clippings, leaf waste or tree and shrubbery branches
with other waste for collection by the Township or other persons or
entities involved in waste collection or disposal or the placement
of grass clippings, leaf waste or tree and shrubbery branches in bags
or containers for collection by the Township or other persons or entities
involved in waste collection or disposal.
B. The mixing of or placement of any waste with grass clippings, leaf
waste or tree and shrubbery branches placed for collection by the
Township.
C. The tampering with, opening of, or dumping of any bags of grass clippings,
leaf waste or bundles of tree or shrubbery branches.
D. Raking, dumping or otherwise placing leaves within the streets or within the gutters of any streets. All loose leaves gathered by a property owner for collection by the Township under §
279-29 above shall be kept out of the streets and gutters. It shall be the duty of the property owner to maintain any piles of leaves gathered for collection by the Township in such condition so as not to constitute a nuisance or to block the streets and gutters.
E. The duty to comply with these regulations shall be and is hereby
imposed upon the owner or owners of record of any property ("record
owner"), as reflected by the tax duplicate prepared by the Board of
Assessment of Montgomery County, as updated from time to time. In
the event that the record owner is a lessor of the property, it shall
be the duty of such lessor to inform the lessee of the various requirements
of these regulations, as amended from time to time, by an appropriate
provision in the lease agreement, by posting a copy of this article
in the property, or otherwise in any fashion reasonably designed to
provide actual notice of such regulations, and it shall be the duty
of the record owner as lessor to cause the lessee to conform to the
requirements of these regulations.
Any person who violates any provision of this article shall
be guilty of a summary offense and shall be liable, upon conviction,
to pay a fine that shall not exceed $600, together with costs of prosecution.