[HISTORY: Adopted by the Town Council of the Borough of West
View as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-12-1991 by Ord. No. 1328 (Ch. 114, Art. I, of
the 1977 Code)]
This article shall be known and referred to as the "Solid Waste
Ordinance."
A.
ACT or ACT 97
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPALITY
MUNICIPAL WASTE
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases, as used in this article, shall have
the meanings ascribed herein, unless the context clearly indicates
different meanings:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
Poultry and livestock manure or residual materials in liquid
or solid form generated in the production and marketing of poultry,
livestock, fur-bearing animals and their products, provided that such
waste is not a hazardous waste. The term includes the residual materials
generated in producing, harvesting and marketing of all agronomic,
horticultural, silvicutural and agricultural crops or commodities
grown on what are usually recognized and excepted as farms, forests
or other agricultural lands.
Large items of solid waste, including but not limited to
appliances, furniture, trees, branches or stumps which may require
special handling due to their size, shape or weight.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
All municipal and residual waste building materials, grubbing
waste and rubble resulting from construction, remodeling, repair and
demolition operations on houses, commercial buildings and other structures
and pavements.
The Pennsylvania Department of Environmental Protection.
The incineration, 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 the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases or vectors.
Any person, firm, copartnership, association or corporation
who has been licensed by the municipality or its designated representative
to collect, transport and dispose of refuse for a fee as herein prescribed.
Any solid waste or combination of solid wastes, as defined
in the Act, which, because of its quantity, concentration or physical,
chemical or infectious characteristics may: cause or significantly
contribute to an increase in mortality or an increase in morbidity
in either an individual or the total population; or pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
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 hospitals, nursing homes, orphanages, schools and universities.
The Borough of West View, Allegheny County, Pennsylvania.
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 source-separated recyclable materials.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, state institution and agency or any other
legal entity which is recognized by law as the subject of rights and
duties. In any provisions of this article 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 waste materials for off-site reuse. "Processing
facilities" include but are not limited to transfer facilities, composting
facilities and resource recovery facilities.
All solid waste materials which are discarded as useless.
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 residual
waste shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act.[2] Residual waste 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 Clean Streams Law.[3]
All nonputrescible municipal waste except garbage and other
decomposable matter. This category includes but is not limited to
ashes, bedding, cardboard, cans, crockery, glass, paper, plastic,
wood and yard cleanings.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any coarse screenings, grit and dewatered or air-dried sludges
from sewage treatment plants and pumpings from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
Those materials separated at the point of origin for the
purpose of being recycled.
The containment of any 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 waste in excess of one year constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
It shall be unlawful for any person to:
A.
Accumulate or permit to accumulate upon any public or private property
within the municipality any garbage, rubbish, bulky waste or any other
municipal or residual solid waste except in accordance with the provisions
of this article, any Department rules and regulations adopted pursuant
to Act 97 and the Health Department Rules and Regulations, Article
VIII.
B.
Burn any solid waste within the municipality except in accordance
with the provisions of this article, any Department rules and regulations
adopted pursuant to Act 97 and the Health Department Rules and Regulations,
Article VIII.
C.
Dispose of any solid waste in the municipality except in accordance
with the provisions of this article, any Department rules and regulations
adopted pursuant to Act 97 and the Health Department Rules and Regulations,
Article VIII.
D.
Haul, transport, collect or remove any solid waste from public or
private property within the municipality without first securing a
license to do so in accordance with the provisions of this article.
E.
Scavenge any materials from any solid waste that is stored or deposited
for collection within the municipality without prior approval by the
municipality.
F.
Salvage or reclaim any solid wastes within the municipality except
at an approved and permitted resource recovery facility under Act
97 and any Department rules and regulations adopted pursuant to Act
97.
G.
Throw, place or deposit or cause or permit to be thrown, placed or
deposited any solid waste in or upon any street, alley, sidewalk,
body of water or public or private property within the municipality
except as provided in this article.
A.
The storage of all solid waste shall be practiced so as to prevent
the attraction, harborage or breeding of insects or rodents and to
eliminate conditions harmful to public health or which create safety
hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal waste shall provide a sufficient number
of approved containers to store all waste materials generated during
periods between regularly scheduled collections and shall place and
store all waste materials therein.
C.
Any person storing municipal waste for collection shall comply with
the following preparation standards.
(1)
All municipal waste shall be drained of free liquids before being
placed in storage containers.
(2)
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
(3)
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
(4)
Garden clippings and tree trimmings shall be placed in approved containers
or shall be cut and tied securely into bundles, provided that trees
and brush are less than six inches in diameter and shall be cut into
lengths not over four feet.
(5)
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 40 pounds in
weight.
(6)
When specified by the municipality or its designated representative,
special preparation and storage procedures may be required to facilitate
the collection and resource recovery of certain waste materials.
D.
All municipal waste shall be stored in containers approved by the
municipality or its designated representative. Individual containers
and bulk containers utilized for storage of municipal waste shall
comply with the following standards:
(1)
Reusable containers shall be constructed of durable, watertight,
rust- and corrosion-resistant material such as plastic, metal or fiberglass,
in such a manner as to be leakproof, weatherproof, insectproof and
rodentproof.
(2)
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)
Reusable containers for individual residences shall have a maximum
capacity of 40 gallons.
(4)
Disposable plastic bags or sacks are acceptable containers, provided
that the bags are designated for waste disposal. Plastic bags shall
have sufficient strength to maintain physical integrity when lifted
by the top, shall be securely tied at the top for collection and shall
have a capacity of not more than 40 gallons.
(5)
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
E.
Any person storing municipal waste for collection shall comply with
the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
(2)
Reusable containers shall be kept in a sanitary conditions at all
times. The interior of the containers shall be thoroughly cleaned,
rinsed, drained and disinfected, as often as necessary, to prevent
the accumulation of liquid residues or solids on the bottom or sides
of the containers.
(3)
Containers shall be used and maintained so as to prevent public nuisances.
(4)
Containers that do not conform to the standard of this article or
which have sharp edges, ragged edges or any other defect that may
hamper or injure collection personnel shall be promptly replaced by
the owner upon notice from the municipality or its designated representative.
(5)
Containers shall be placed by the owner or customer at a collection
point specified by the municipality or its designated representative.
(6)
With the exception of pickup days when the containers are placed
out for collection, the containers shall be properly stored on the
owner's or customer's premises at all times.
(7)
Bulk waste items such as furniture, machinery and appliances shall
be stored in a manner that will prevent the accumulation of collection
of water, the harborage of rodents, safety hazards and fire hazards.
F.
The storage of all municipal waste from multifamily residential units,
commercial establishments, institutions and industrial lunchroom or
office waste sources is subject to the regulations and standards set
forth in this article. The type, size and placement requirements for
bulk containers shall be determined by the waste generator and the
waste hauler and are subject to approval by the municipality.
A.
The municipality shall provide for the collection of all garbage,
rubbish and bulky wastes from individual residences and multifamily
residential sources with less than four units.
B.
All households and homeowners shall utilize the residential collection
service provided by the municipality unless they can demonstrate that
they have made alternate arrangements that are consistent with this
article and approved by the municipality.
C.
All multifamily residential sources [with four or more units], commercial,
institutional and industrial establishments shall negotiate and individually
contract collection service with the municipality's collector
or any other properly licensed waste hauler of their choice.
D.
All residential garbage and rubbish shall be collected at least once
a week. Bulky wastes shall be collected following prior arrangement
with the municipality's collector and payment of any required
special fees.
E.
All commercial, institutional, public and industrial lunchroom and
office waste containing garbage shall be collected at least once a
week. Rubbish collection from these sources shall be made as often
as necessary to control health hazards, odors, flies and unsightly
conditions. The municipality reserves the right to require more frequent
collection when deemed necessary.
F.
Residential collection schedules shall be published regularly by
the municipality or its contracted hauler.
G.
All solid waste collection activity shall be conducted from Monday
through Saturday, between the hours of 6:00 a.m. and 6:00 p.m. or
unless prior approval or any exception has been granted by the municipality.
No collection, hauling or transporting of solid waste shall be permitted
on Sunday.
H.
All licensed haulers and haulers under contract with the municipality
shall comply with the following standards and regulations:
(1)
All municipal waste collected within the municipality shall ultimately
be disposed only at a landfill cited in the Allegheny County Solid
Waste Plan 1990 or on subsequent revisions thereto.
(2)
Any trucks or other vehicles used for the collection and transportation
of municipal waste must comply with the requirements of Act 97 and
any Department regulations adopted pursuant to Act 97 and must be
licensed by the Allegheny County Health Department.
(3)
All collection vehicles conveying domestic waste and garbage shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors, the creation of odors and other nuisances.
(4)
Collection vehicles for rubbish and other nonputrescible solid waste
shall be capable of being enclosed or covered to prevent roadside
litter and other nuisances.
(5)
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
(6)
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
A.
The governing body of the municipality shall be authorized to make
funds available, in accordance with the laws and procedures of the
municipality, for the establishment, maintenance and operation of
a municipal solid waste collection and disposal system or for the
contracting of such service to a private collector.
B.
Annual fee schedules shall be published by the municipality on any
competitively bid residential collection service contract that may
be awarded by the municipality.
C.
The municipality or its authorized agent shall be responsible for
the collection of any fees for solid waste collection and disposal
from residential customers. Licensed haulers or an authorized agent
shall be responsible for the collection of any collection and disposal
fees from multifamily, commercial, institutional and industrial customers.
The municipality may petition the Allegheny County Court of
Common Pleas for an injunction, either mandatory or prohibitive, to
enforce any of the provisions of this article.
Any person who violates any provision of this article shall,
upon conviction, be guilty of a misdemeanor which is punishable by
a fine of not less than $100 nor more than $1,000 or, in default of
payment of such fine, then by imprisonment for a period of not more
than 30 days. Each day of violation shall be considered a separate
and distinct offense.
[Adopted 6-12-1991 by Ord. No. 1327 (Ch. 114, Art. II, of
the 1977 Code)]
The short title of this article shall be the "Borough of West
View Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article
shall have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
Empty, all-aluminum beverage or food cans.
Any hauler or private collector who is authorized by person(s)
of multifamily, commercial, municipal and institutional establishments
to collect recyclable material shall be required to obtain an annual
permit from the municipality. Applications shall be made on forms
supplied by the municipality. The municipality shall charge an annual
licensing permit fee in such amounts as the Town Council of the municipality
shall, from time to time, mandate by resolution duly adopted. Said
hauler shall supply information concerning its customers and volume
of recyclable items collected.
Empty food or beverage containers consisting of steel and
aluminum.
Those properties used primarily for commercial or industrial
purposes.
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel- or tin-coated food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulbs, blue glass and porcelain and ceramic products.
The entity or entities authorized by the municipality to
collect recyclable materials from residences or authorized by multifamily,
commercial, municipal and institutional establishments that do not
receive collection services from the municipality to collect recyclable
materials from those properties. (See "annual licensing permit.")
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Includes but shall not be limited to automotive, truck and
industrial batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals (colored prints or glossy). Expressly
excluded are all other paper products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
The Borough of West View.
Any garbage, refuse or industrial lunchroom or 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[2] 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,
containing advertisements and other matters of public interest. Expressly
excluded are newspapers which have been soiled, color comics, glossy
advertising inserts and advertising inserts printed in colors other
than black and white often included with newspapers.
Owners, lessees and occupants of residences and multifamily,
commercial, municipal and institutional establishments.
Empty plastic food and beverage containers.
Materials generated by residences and multifamily, commercial,
municipal and institutional establishments which are specified by
the municipality and can be separated from municipal waste and returned
to commerce to be reused as a resource in the development of useful
products. Recyclable materials may include, but are not necessarily
limited to, clear glass, colored glass, aluminum, steel and bimetallic
cans, high-grade office paper, newsprint, corrugated paper, leaf waste,
plastics and any other items selected by the municipality or specified
in future revisions to Act 101. The recyclable materials selected
by the municipality may be revised from time to time as deemed necessary
by the municipality.
Any occupied single- or multifamily dwellings having up to
three dwelling units per structure for which the municipality provides
municipal waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
A.
The municipality hereby establishes a recycling program for the mandatory
separation and collection of recyclable materials and the separation,
collection and composting of leaf waste from all residences and all
multifamily, commercial, municipal and institutional establishments
located in the municipality for which waste collection is provided
by the municipality or any other hauler or private collector. Collection
of the recyclable materials shall be made at least once per month
by the municipality, its designated agent or any other solid waste
hauler or private collector operating in the municipality who is authorized
and has obtained the annual licensing permit to collect recyclable
materials from residences or from multifamily, commercial, municipal
and institutional establishments. The recycling program shall also
contain a sustained public information and education program.
B.
Specific program regulations are provided as an attachment to this
article.[1] The Town Council of the Borough of West View is empowered to make changes to program regulations as necessary, as described in § 236-18. Subsequent changes in the program regulations may be made through approval of the Town Council of the Borough of West View and public notice and notification of all affected parties.
[1]
Editor's Note: Said regulations are on file in the Borough
offices.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article.
All persons within the Borough of West View shall separate all
of those recyclable materials designated by the municipality from
all other municipal waste produced at their properties, store such
materials for collection and shall place the same for collection in
accordance with the guidelines established hereunder.
A.
Residences. Persons in residences must separate recyclable materials
from other refuse. Recyclable materials shall be placed at the curbside
in containers provided by the municipality for collection. Any containers
provided to residences for collection of recyclable materials shall
be the property of the municipality and shall be used only for the
collection of recyclable materials. Any resident who moves within
or from the municipality shall be responsible for returning the allocated
container(s) to the municipality or shall pay the replacement cost
of said container(s). Use of recycling containers for any purpose
other than the designated recycling program or use of the recycling
containers by any person other than the person allocated such container(s)
shall be a violation of this article.
B.
Multifamily.
(1)
An owner, landlord, manager or agent of an owner, landlord or manager
of a multifamily housing property with four or more units may comply
with its recycling responsibilities by establishing a collection system
at each property. The collection system must include suitable containers
for collecting and sorting the recyclable materials, easily accessible
locations for the containers and written instructions to the occupants
concerning the use and availability of the collection system.
(2)
If recyclable materials are collected by a hauler or private collector
other than the municipality or its authorized agent, owners, landlords
and agents of owners or landlords shall submit an annual report to
the municipality reporting the tonnage of materials recycled during
the previous year. This requirement may be fulfilled by submission
of a letter or form (report) from the hauler or private collector
which certifies the tonnage of materials recycled during the previous
year. The reports are required to be submitted to the municipality
on or before January 31 for the previous year.
C.
The materials to be recycled and the collection of the recyclable
material from residences and multifamily properties shall be designated
periodically by resolution from time to time by the Town Council of
the municipality, duly adopted.
D.
All persons must separate leaf waste from other municipal waste generated
at their houses, apartments and other residences and multifamily properties
for collection unless those persons have otherwise provided for composting
of leaf waste.
E.
Commercial, municipal and institutional establishments and community
activities.
(1)
Persons of commercial, municipal and institutional establishments
and community activities must separate recyclable materials, high-grade
office paper, aluminum, corrugated paper, leaf waste and such other
materials as may be designated by resolution from time to time by
the Town Council of the Borough of West View generated at commercial,
municipal and institutional establishments and from community activities
and store the recyclable materials until collection.
(2)
If recyclable materials are collected by a hauler or private collector
other than the municipality or its authorized agent, occupants of
said establishments shall submit an annual report to the municipality
reporting the tonnage of materials recycled during the previous calendar
year. This requirement may be fulfilled by submission of a letter
or form from the hauler or private collector which certified the tonnage
of materials recycled during the previous year. The reports are required
to be submitted to the municipality on or before January 31 for the
previous year.
(3)
All employees, users (patrons) and residents of commercial, municipal
and institutional establishments must be informed of the recycling
program. The education program should describe the program's
features and requirements and should include, at a minimum, an annual
program meeting and an orientation to the program upon the arrival
of a new employee or resident. Receptacles should be clearly marked
with the recycling symbol and the type of recyclable material that
is to be placed in the receptacle, and signs should be prominently
displayed stating the requirements of the program.
All recyclable materials placed by persons for collection by the municipality or authorized hauler or private contractor pursuant to this article shall, from time of placement at the curb or similar location, become the property of the municipality or the authorized hauler or private collector, except as otherwise provided by § 236-16 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the person who generates the materials unless and until such materials are placed at the curbside or similar location for collection.
It shall be a violation of this article for any person, firm
or corporation, other than the municipality or one authorized by the
Town Council or other entity responsible for collection of recyclable
materials, to collect recyclable materials placed by residences or
multifamily, commercial, municipal and institutional establishments
for collection by the municipality or an authorized hauler or private
collector unless such person, firm or corporation obtains an annual
licensing permit and has prior written permission from the generator
to make such collection. In violation hereof, unauthorized collection
from one or more residences or multifamily, commercial, municipal
and institutional establishments on one calendar day shall constitute
a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment
may donate or sell recyclable materials to any person, firm or corporation,
whether operating for profit or not, provided that the receiving person,
firm or corporation shall not collect such donated recyclable materials
from the collection point of a residence or commercial, municipal
or institutional establishment without prior written permission from
the Town Council of the Borough of West View or other entity responsible
for authorizing collection of recyclable materials to make such a
collection.
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this article. The collected recyclable
materials shall be taken to a recycling facility. Disposal by the
hauler or private collector of recycling facilities of source-separated
recyclable materials in landfills or to be burned in incinerators
is prohibited.
A.
The municipality is hereby authorized and directed to make reasonable
rules and regulations for the operation and enforcement of this article
as deemed necessary, including but not limited to:
(1)
Establishing recyclable materials to be separated for collection
and recycling by residences and additional recyclable materials to
be separated by multifamily, commercial, municipal and institutional
establishments.
(2)
Establishing collection procedures for recyclable materials.
(3)
Establishing reporting procedures for amounts of materials recycled.
(4)
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
(5)
Establishing procedures and rules for the collection of leaf waste.
B.
Any person, firm or corporation who shall violate the provisions
of this article shall receive an official written warning of noncompliance
for the first and second offense. Thereafter, all such violations
shall be subject to the penalties hereinafter provided.
C.
Except as hereinafter provided, any person, firm or corporation who
shall violate any of the provisions of this article shall, upon conviction,
be sentenced to pay a fine of not less than $100 nor more than $1,000
and costs of prosecution for each and every offense.
D.
The municipality reserves the right not to collect municipal waste
containing recyclable materials in combination with nonrecyclable
materials.
The municipality may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 236-18.
