Township of Kidder, PA Article IV Recycling

[Adopted 12-19-2013 by Ord. No. 161]

§ 146-19 Title.

The title of this article shall be the "Kidder Township Recycling Program Ordinance."

§ 146-20 Definitions.

The following words and phrases, when appearing in the text of this article, shall have the meaning given to them in this section, unless the context clearly indicates otherwise.

COMMERCIAL ACTIVITY

All business, commercial, education, industrial, institutional, or municipal establishments and community activities. If any commercial activity occurs in a residential establishment, the entire establishment shall be deemed a commercial activity.

DESIGNATED COMMERCIAL HAULER

A licensed and insured company authorized by Kidder Township to collect and transport recyclables as part of the recycling program from the Township's designated recycling center.

DESIGNATED RECYCLABLES FOR COLLECTION

Those recyclable materials listed in § 146-21 herein, which should be separated from other municipal waste and dropped off at a recycling location designated by Kidder Township.

MUNICIPAL WASTE

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 Pennsylvania Solid Waste Management Act[1] from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.

PERSON

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 act 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.

RECYCLING MATERIALS

Materials identified by the Township listed in § 146-21 herein, which items are more defined in Section 1501 of Act 101.[2]

REGULATIONS

The rules, regulations, standards, specifications, orders, licenses, permits, interpretations, schedules, zones, routes, and waivers established from time to time by the Township pursuant to the authority of this article. Such regulations shall be deemed to be a part of this article and included by reference as if written herein upon approval by the Board of Supervisors.

SCAVENGING

The act or practice of removing, taking, scattering or disturbing recyclable materials which have been deposited at the Township's designated recycling center, whether such recycling center is located on private or public property.

SOLID WASTE

As defined in the Act of July 7, 1980, P.L. 380, No. 97, known as the "Solid Waste Management Act."

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 146-21 Recyclable materials.

The following materials are hereby designated as "recycling materials" within Kidder Township:

A. Newspapers and newspaper inserts.

B. Cereal- and cracker-type boxes.

C. Magazines and catalogs.

D. Brown paper bags.

E. All junk mail and envelopes.

F. Aluminum, steel and tin cans.

G. Cardboard (break down boxes).

H. Glass bottles and jars.

I. Office and school paper (all colors).

J. Plastics: No. 1 through No. 7 soda/water bottles, milks jugs and detergent bottles.

K. Such other material as the Board of Supervisors of Kidder Township shall, by resolution, designate from time to time.

§ 146-22 Collection.

A. Sales and marketing.

(1) Recyclable materials that are collected shall be recycled by the Township's designated commercial hauler.

(2) The designated commercial hauler shall transport, process, sell, market and dispose of all recyclable materials collected by it in any manner that such designated commercial hauler sees fit, provided that such activities comply with federal and state law and are within the provisions of this article.

(3) The designated commercial hauler shall establish and keep records at least annually and provide the Township with the quantity (residential and commercial tonnage), price and total amount of recyclable materials collected, processed, marketed and sold.

(4) The designated commercial hauler must provide written documentation that either all recyclable materials are recycled or that markets for these materials do not exist.

§ 146-23 Collection by unlicensed persons.

A. Except as set forth in this section, collection of Recyclable Materials by persons not licensed by Kidder Township is strictly prohibited.

B. Nothing in this article shall prohibit any resident from donating or selling any such resident's own recyclables to any other person, whether operating for a profit or nonprofit.

C. No person other than the designated commercial hauler shall scavenge, remove, take or scatter or disturb recyclable materials which have been discarded at the Township's designated recycling center.

D. Unlawful scavenging shall not include the collection or assemblage of scattered trash and debris, whether or not recyclable, from roadsides or public property with the intent of properly disposing of or recycling such trash and debris.

E. No person shall discard municipal waste at the designated Township recycling center without being subject to civil penalties as described herein.

§ 146-24 Requirements of designated commercial hauler.

Any designated commercial hauler contracted, engaged or hired for the collection of recyclable materials in the Township shall comply with the following requirements:

A. Licensing. The designated commercial hauler shall be licensed by Kidder Township and shall not collect recyclable materials in the Township unless and until a designated commercial hauler's license is secured. Such license shall be summarily revocable by the Township for failure by the designated commercial hauler to comply with the terms of this article.

B. Compliance with laws. The designated commercial hauler shall comply with this article, Act 101,[1] and all other applicable laws and regulations.

[1] Editor's Note: See 53 P.S. § 4000.101 et seq.

C. Recycling. The designated commercial hauler shall either:

(1) Process and recycle all of the recyclable material;

(2) Transport, process, market, sell or deliver all of the recyclable material to dealers in those materials and document such delivery in writing as required herein;

(3) Provide written proof that markets for those materials do not exist.

D. Recycling program. The designated commercial hauler shall commence the collection of recyclable materials in strict accordance with the provisions of this article and any accompanying regulations. Collection shall be pursuant to such rules and regulations as the designated commercial hauler shall reasonably prescribe. The designated commercial hauler shall provide copies of any such rules and regulations to the Township for approval by the Township prior to implementation.

E. Annual reports. The designated commercial hauler shall submit annual reports to the Township. Reports shall be submitted on or about September 1 of each year. Each report shall state for that reporting period the quantity in tons regarded by both residential and commercial entities and to whom the recyclable materials was sold or delivered to for Kidder Township.

F. Report noncompliance. The designated commercial hauler shall report to the Township all instances of apparent noncompliance with this article or Township regulations within 72 hours of becoming aware of such noncompliance.

G. Required insurance. Prior to commencing operations within the Township the designated commercial hauler shall provide the Township with evidence of statutory workers' compensation insurance and also general liability insurance in an amount not less than $1,000,000 with the Township of Kidder named as additional insured. The designated commercial hauler shall be required to maintain all appropriate insurances during all times when doing business within the Township.

H. Indemnification. Prior to commencing any operations with the Township the designated commercial hauler shall execute a written contract with the Township, in a form provided and approved by the Board of Supervisors of the Township of Kidder which will include requirement that the designated commercial hauler shall indemnify and hold harmless the Township, its officers, agents, employees, their heirs and personal representatives, successors and assigns from all liability, claims, demands, actions of any nature whatsoever as well as the cost of defending any actions brought against the Township or its agents, employees, officers, their personal representatives, successors or assigns by any governmental agency by reason of operations of the designated commercial hauler under or relating to this agreement and operations which are the subject of this article.

§ 146-25 Regulations and administration by Township.

A. Regulations. The Township Board of Supervisors may, from time to time, establish regulations for the Township's recycling program, as the Board shall deem appropriate, which regulations shall become effective five days after adoption.

B. Enforcement. Upon adoption, such regulations shall be enforced pursuant to § 146-26 hereunder, and violations of such regulations shall be deemed a violation of this article.

§ 146-26 Enforcement; violations and penalties; incentives.

The Township Board of Supervisors or their designee shall be responsible for monitoring and enforcing compliance with this article and regulations.

A. Civil liability before District Justice. Any person, as defined by this article, who violates or assists in the violation of any provision of this article, shall be subject to the following civil penalties, payable to the Township, upon the finding of liability therefor by the District Justice:

(1) First action. For the first action before the District Justice within the last year, a civil penalty of not more than $300 and costs, including reasonable attorney's fees.

(2) Subsequent action. For any action before the District Justice within one year subsequent to a previous finding by the District Justice of civil liability by the same person for any violation of this article, a civil penalty of not more than $1,000 and costs, including reasonable attorney's fees.

(3) Each day that a violation of this article continues shall be deemed to be a separate violation. Each violation shall be deemed a separate violation.

B. Incentives.

(1) The Township Board of Supervisors or their designee shall be the power to establish incentives to promote compliance with this article, as may be appropriate from time to time.

(2) Procurement options. The Township may utilize the provisions of Act 101, Section 1507, Procurement Procedures for Local Public Agencies, and Section 1508,[1] Procurement Options for Local Public Agencies and Certain Commonwealth Agencies, if the Township elects to do to.

[1] Editor's Note: See 53 P.S. § 4000.101 et seq.