Borough of Hatfield, PA Solid Waste

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.

As defined in Section 6(e) of the Toxic Substances Control Act, 15 U.S.C. § 2605(e).

Under Act 97.

Under any other applicable laws of similar purpose or effect, including, but not limited to, with respect to each of such items 1) through 4), any replacement, amendment, expansion or supplement thereto and any rules, regulations, or policies thereunder.

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 replacement, amendment, expansion or supplement thereto and any rules, regulations or policies thereunder.

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.

LANDFILL

A landfill with which the waste authority has contracted to dispose of acceptable waste.

MUNICIPALITY

The Borough of Hatfield 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.

NONPROCESSIBLE WASTE

White goods.

Automobile tires in quantity.

Noncombustible items, stumps, logs, brush and other waste which either:

Weighs in excess of 25 pounds.

Exceeds one of the following dimensions: four feet in length, four inches in diameter or four inches in thickness.

Sludges.

NORTHERN COUNTY SYSTEM or SYSTEM

Construction and demolition debris.

(6)

Leaf waste beyond that permitted by Act 101.

The solid waste management and disposal system created by the County for the Northern 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 Commission, the county or any agent, designee or contractor of either in connection with the plan or the plan revision.

PERSON

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 provisions of this Part 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.

PLAN

The countywide 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.

PLAN REVISION

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.

POINT OF ENTRY INTO THE NORTHERN COUNTY SYSTEM

Any delivery point within the Northern County System designated by the Waste Commission for delivery of acceptable waste.

PROCESSIBLE WASTE

Portion of acceptable waste which is not nonprocessible waste.

RECYCLING or RECYCLED

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 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.

SOURCE SEPARATION

The segregation and collection, prior to the point of entry into the Northern 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.

UNACCEPTABLE WASTE

Any material 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.

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 Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; Act 97; the Hazardous Sites 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 harmful, 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 Commission is a party).

(6)

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.

(7)

Asbestos, sludge, infectious waste, chemotherapeutic waste, and incinerator ash (except as otherwise provided in any landfill agreement to which the Waste Commission is a party).

(8)

White goods in quantity and/or automobile tires in quantity.

(9)

Any other material that the Waste Commission reasonably concludes would require special handling or present an endangerment to a disposal facility, the public health or safety, or the environment.

WASTE COMMISSION

The Northern Montgomery County Recycling Commission composed of the same municipalities which were previously members of the Waste System Authority of Northern Montgomery County.

WHITE GOODS

Refrigerators, washing machines, dryers, window air conditioners, hot water heaters and other major home appliances.

All other words and phrases shall have the same meanings 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. To the extent that any definition herein varies from the definition in the IMA, the definition in the IMA shall control.

§ 20-102 Operation by Licensed Collectors and Transporters.

[Ord. No. 349, 10/17/1990, § 2; as amended by Ord. No. 399, 3/18/1998, § 2]

Licensing. No person who is not duly licensed or deemed to be licensed by the Waste Commission may collect or transport municipal waste located or generated within the Borough. This waste collection or transportation license shall be a county license issued by the Waste Commission.

Compliance with Rules, Regulations and Ordinances. In carrying on activities related to solid waste collection or transportation within this Borough, all municipal, waste collectors and all municipal waste transporters shall comply with the county ordinance, this Part 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 Commission. Delivery by such collectors or transporters to the Northern County System of unacceptable waste, nonprocessible waste (except for white goods) and waste from unapproved sources is prohibited.

Administration. Licenses hereunder shall be issued and revoked by the Waste Commission, and administered by it. Any collectors or transporters who fail to comply with the provisions of this Part shall be subject to any applicable sanctions in addition to the revocation of their licenses.

§ 20-103 Disposal of Municipal Waste.

[Ord. No. 349, 10/17/1990, § 3; as amended by Ord. No. 399, 3/18/1999, § 2]

Delivery to Northern County System. Except as provided in Subsections 2 and 3 below, all acceptable waste generated within this Borough shall be delivered to the Northern County System and, all acceptable waste collectors and transporters shall deliver to and dispose of all acceptable waste collected or generated within Borough to solid waste facilities designated in the plan or the plan revision at one or more points of entry into the Northern County System as designated from time to time by the Waste Commission.

Disposal at Other Sites. Disposal of municipal waste collected or generated within the Borough may occur at other sites only as permitted by rule, regulation, ordinance or order duly issued by the Waste Commission or by the written agreement of the Waste Commission.

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.

§ 20-104 Regulations.

[Ord. No. 349, 10/17/1990, § 4; as amended by Ord. No. 399, 3/18/1998, § 2; and by Ord. No. 501, 8/15/2012]

Compliance with Waste Commission Regulations. The collection, transportation, processing, and disposal of municipal waste present or generated within Borough shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the Waste Commission, including, without limitation, regulations relating to the operation, management, and administration of the Northern County System, applications 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 non-payment, and other matters.

Adoption of Regulations. Rules and regulations adopted by the Waste Commission for the Northern County System shall be deemed rules and regulations adopted under this Part.

Consistency of Regulations With Ordinance and Other Laws. No rules or regulations adopted by the Borough pursuant to this Part shall be in violation of or inconsistent with the provisions of this Part, 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.

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 Part will be the responsibility of the county or the Waste Commission and if requested by the county or the Waste Commission, with the cooperation of the municipalities.

§ 20-105 Annual Survey.

[Ord. No. 349, 10/17/1990, § 5; as amended by Ord. No. 399, 3/18/1998, § 2]

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 Borough, shall cooperate in the taking and preparation of an annual survey to be conducted by an engineering consultant designated by the Waste Commission.

§ 20-106 Certain Prohibitions and Requirements.

[Ord. No. 349, 10/17/1990, § 6]

No person shall enter into any contract or conduct any other activity concerning the collection, transportation, processing, or disposal of municipal waste in the Borough in contravention of the terms of the County Waste Flow Ordinance, this Part, or any rules and regulations issued thereunder.

Recycling. Nothing contained in this Part shall interfere with the operation of any program for recycling.

This Part shall be construed consistently with Act 97 and Act 101.

§ 20-107 Creation of Commission.

[Ord. No. 349, 10/17/1990, § 7; as amended by Ord. No. 399, 3/18/1998, § 2]

The county has created the Waste Commission to administer the terms of the County Waste Flow Ordinance and to operate and administer the Northern County System.

§ 20-108 Unlawful Activities; Nuisance.

[Ord. No. 349, 10/17/1990, § 8; as amended by Ord. No. 399, 3/18/1998, § 2]

Unlawful Conduct. It shall be unlawful for any person to:

Violate, cause or assist in the violation of any provision of this Part, any rule, regulation or order promulgated hereunder, or any rule, regulation or order promulgated by the Waste Commission or the county consistent with this Part.

Transport, process, treat, transfer, or dispose of or cause to be processed, treated, transferred or disposed municipal waste generated within the Borough, except as provided for in this Part.

Collect or transport municipal waste present or generated within the Borough without a valid license for collection or transportation issued by the Waste Commission.

Hinder; obstruct; prevent or interfere with the Borough, the Waste Commission or the county or their personnel in the performance of any duty under this Part or in the enforcement of this Part.

Act in a manner that is contrary to Act 97 or Act 101, regulations promulgated thereunder, the plan, the plan revision, this Part, the county ordinance, rules or regulations promulgated under this Part, the county ordinance or the terms of licenses issued thereunder.

Public Nuisance. Any unlawful conduct set forth in Subsection 1 hereof shall constitute a public nuisance.

§ 20-109 Violations and Penalties.

[Ord. No. 349, 10/17/1990, § 9; as amended by Ord. No. 357, 10/16/1991, § 20-109; and by Ord. No. 501, 8/15/2012]

Any person who engages in unlawful conduct as defined in this Part, upon conviction thereof in an action brought before a Magisterial District Judge 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 more than less than $500 nor $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 Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.

§ 20-110 Revocation of Permit.

[Ord. No. 349, 10/17/1990, § 10; as amended by Ord. No. 399, 3/18/1998, § 2]

Upon finding that any person has engaged in unlawful conduct as defined in this Part:

The Waste Commission may revoke any license issued to that person in accordance with § 20-102 of this Part.

The Waste Commission may deny any subsequent application by that person for a license pursuant to § 20-102 hereof.

§ 20-111 Injunctions; Concurrent Remedies.

[Ord. No. 349, 10/17/1990, § 11; as amended by Ord. No. 399, 3/18/1998, § 2]

Restraining Violations. In addition to any other remedy provided in this Part, the Waste Commission or the county may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this Part for an injunction to restrain a violation of this Part or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this Part. In addition to an injunction, the court may impose penalties as authorized by § 20-109 hereof.

Concurrent Remedies. The penalties and remedies prescribed by this Part shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Waste Commission or the county from exercising any other remedy provided by this Part or otherwise provided at law or equity.

§ 20-112 Intermunicipal Agreement.

[Ord. No. 349, 10/17/1990, § 12; as amended by Ord. No. 399, 3/18/1998, §§ 2 to 4]

Entry into IMA. In order to implement the intent and terms of this Part, the Borough, pursuant to the authority of the Intergovernmental Cooperation Act, Act of December 19, 1996, P.L. 1158, No. 177, 53 Pa.C.S.A. § 2301 et seq., and Article IX, § 5, of the Constitution of the Commonwealth of Pennsylvania, has determined to enter into the IMA between the Borough, the county, the Waste Commission and other municipalities within the Northern District, together with such changes consistent with this Part, if any, as may be approved by the officials of the parties executing the same, such execution to be conclusive evidence of such approval.

[Amended at time of adoption of Code (see Ch. AO)]

Terms and Implementation of IMA. As more fully set forth in the IMA and this Part.

Terms of IMA. In the IMA:

The Waste Commission agrees to arrange through the Northern County System for the provision of municipal waste disposal facilities for the economical and environmentally sound disposal of acceptable waste generated within the municipalities.

The municipalities state that they have enacted a Municipal Waste Flow Ordinance in a form substantially similar to this Part which requires that all acceptable waste be delivered to the Northern County System.

The county and the Waste Commission agree:

To enact or cause to be enacted rules and regulations.

To enforce or cause to be enforced this Part and the County Waste Flow Ordinance and the parallel Municipal Waste Flow Ordinances.

HOUSEHOLD HAZARDOUS WASTE

The municipalities agree to cooperate with the Waste Commission 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 Commission 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.

Duration of the Term of the IMA. The term of the IMA shall commence on the date as provided in the IMA and shall continue indefinitely until terminated in accordance with the provisions of the IMA agreement.

Purpose and Objectives of IMA. The purpose of the IMA is to provide a mechanism to implement and operate the Northern County System.

Financial Obligations Under the IMA. During the term of the IMA, municipalities (to the extent that they engage 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 Northern County System shall pay to the Waste Commission on a monthly basis the appropriate per ton tipping fee plus any other charges payable, as specified by the Waste Commission for all tonnage delivered or caused to be delivered to the Northern County System, in accordance with Article III of the IMA. Municipalities shall provide certain monies for operating expenses of the Commission to the extent not paid for through tipping fees on the basis of adjusted population data.

Execution. Appropriate officers of this Borough are authorized and directed to execute the IMA on behalf of this Borough.

Findings Under Intergovernmental Cooperation Act. As required by the Intergovernmental Cooperation Act, 53 Pa.C.S.A. § 2301 et seq., as amended, the following matters are specifically found and determined:

[Amended at time of adoption of Code (see Ch. AO)]

The conditions of agreement are set forth in the IMA.

The duration of the term of the agreement is set forth in Section 801 of the IMA.

The purpose of the IMA is to cooperate with the county or Waste Commission and other municipalities in implementing the plan and the plan revision.

The agreement will be financed through tipping fees imposed on users of the Northern County System and through the budgeting and appropriation of funds by the Borough as necessary to meet the expenses of the Waste Commission.

The organizational structure necessary to implement the agreement is set forth in the IMA with which the current officers of the Borough shall cooperate.

The manner in which property, real or personal, shall be acquired, managed, licensed or disposed of is as set forth in the IMA.

The agreement contemplates cooperation with the county or Waste Commission, which entities are empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for their employees.

§ 20-113 Construction.

[Ord. No. 349, 10/17/1990, § 13]

The terms and provisions of this Part are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This Part shall be construed in pari materia with Act 97 and Act 101.

§ 20-114 Compliance With IMA.

[Ord. No. 349, 10/17/1990, § 16]

The Borough will take such actions as are necessary to comply with the terms of the IMA and to fulfill its obligations thereunder.

Part 2 RECYCLING

§ 20-201 Title.

[Ord. No. 491, 9/22/2010, § 1]

This Part shall be known as the "Municipal Waste Collection and Recycling Ordinance."

§ 20-202 Definitions and Word Usage.

[Ord. No. 491, 9/22/2010, § 2]

As used in this Part, the following terms shall have the meanings indicated:

ACT 97

The Solid Waste Management Act of 1980.[1]

ACT 101

The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, as amended from time to time.[2]

ALUMINUM

Empty, all-aluminum beverage and food containers, commonly known as "aluminum cans."

BIMETAL CANS

Empty food or beverage containers constructed of a mixture of ferrous metal, usually steel, and nonferrous metal, usually tin.

BULK ITEMS

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.

BUSINESS(ES)

The legal owner, occupant or lessee of a commercial, industrial or cooperative enterprise, firm, partnership, corporation, association, institution, trust or governmental entity that engages in any form of business or governmental operations.

CORRUGATED PAPER

Paper products made of a stiff, moderately thick paper board, containing folds or alternating ridges, commonly known as "cardboard."

DEP

The Pennsylvania Department of Environmental Protection.

GLASS

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.

GRASS CLIPPINGS

The material bagged or raked during or after cutting of a lawn, field or similar grassed area.

HIGH-GRADE OFFICE PAPER

All types of high-grade, white or colored paper, bond paper and computer paper used in commercial, institutional, business, office and municipal establishments.

Small quantities of hazardous waste (as defined in the Solid Waste Management Act, 35 P.S. § 6018.101 et seq.) available to a person or entity on a retail basis, such as pesticides, certain paints, paint thinners and solvents, cleaning agents and automotive products.

IMA

The intermunicipal agreement adopted by the municipalities which are members of the Northern Montgomery County Recycling Commission.

LANDLORD(S)

Any individual or organizational owner who rents and/or leases residential units, commercial space or an industrial complex(es). Landlords own the properties in question and deal directly with their tenants or lessees.

LEAF WASTE

Leaves, garden residues, shrubbery and tree trimmings and similar material, but does not include grass clippings.

MAGAZINES and PERIODICALS

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.

MIXED PAPER

All types of paper combinations, such as colored paper, carbonless forms, ledger paper, colored paper envelopes, mixtures of high-grade office paper and the like.

MUNICIPALITY

Hatfield Borough.

MUNICIPAL WASTE

Any municipal waste as defined by Section 103 of the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., and Section 103 of Act 101, 53 P.S. § 4000.101 et seq., and any rules and regulations promulgated thereunder.

MUNICIPAL WASTE COLLECTOR(S)

Any collector, remover, transporter and/or hauler of municipal waste and/or recyclable materials in the NMCRC. A municipality shall be considered a municipal waste collector if it provides manpower and equipment for the collection of municipal waste.

NEWSPAPER

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.

NORTHERN MONTGOMERY COUNTY RECYCLING COMMISSION (NMCRC)

The legal entity established by and operating as agent for the municipalities hereunder who have delegated certain of their duties and powers respecting recycling, including, but not limited to, the development, implementation and enforcement of common recycling programs. Presently the NMCRC is comprised of Ambler Borough, Franconia Township, Hatfield Township, Hatfield Borough, Lower Gwynedd Township, Lower Salford Township, Montgomery Township, North Wales Borough, Souderton Borough, Telford Borough, Towamencin Township and shall be deemed to include all new member municipalities and accepting member municipalities who have completed the withdrawal process.

PARTICIPATING MUNICIPALITIES

Those municipalities which have executed the intermunicipal agreement (IMA).

PERSON or ENTITY

Any individual, firm, partnership, corporation, business, association, institution, cooperative enterprise, trust, municipality, municipal authority, federal institution or agency, state institution or agency (including, but not limited to, the Department of General Services and the Public School Building Authority), other governmental agency or any other legal entity or group whatsoever which is recognized by law as the subject of rights and duties. In any provision of this Part prescribing a fine, penalty or imprisonment or any combination of the foregoing, the term "person" or "entity" shall mean the officers and directors of any corporation or other legal entity having officers and directors.

PLAN or COUNTY PLAN

The latest revision of the countywide municipal waste management plan adopted by the County and approved by DEP, as such may hereinafter be supplemented, revised, amended or modified in compliance with the law.

PLASTIC CONTAINERS

Empty plastic food and beverage containers. Due to the large variety of plastics, the recycling regulations will stipulate the specified types of plastics that may be recycled.

RECYCLABLE MATERIALS

Materials generated by a person or entity which can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Materials which may be recycled include, but are not limited to, glass (clear, brown or green), aluminum, steel and bimetal cans, high-grade office paper, mixed paper, newspaper (including newspaper inserts, junk mail and telephone books), corrugated paper, magazines and other periodicals, plastic containers and other materials as may be designated from time as recyclable materials.

RECYCLING COLLECTOR

A municipal waste collector engaged in the collection, removal, transportation or hauling of recyclable materials.

RECYCLING PROCESSORS

Entities which receive recyclable materials, separate recyclable materials from nonrecyclable residue and market the separated recyclable materials for reuse or remanufacture.

RENTAL AGENT(S)/PROPERTY MANAGERS

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, but, deal directly with tenants or lessees on behalf of the owner(s).

RESIDENT(S)

The legal owner, occupant or lessee of a single-family residential unit in a municipality served by curbside collection of municipal wastes and/or recyclables or owner, occupant or lessee of any other type of multifamily residential unit, including, but not limited to, townhomes, duplexes, condominiums and apartments, whose multifamily unit has curbside collection of municipal waste and/or recyclables. Also classified as a resident will be any business professional who operates a profession from his/her personal residence.

YARD WASTE

Twigs, shrub trimmings, small branches and like vegetative matter.

[1]

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

[2]

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

All terms not separately defined in this Part that are contained in Act 97 and Act 101 are incorporated herein by reference.

§ 20-203 Legislative Intent.

[Ord. No. 491, 9/22/2010, § 3]

The reduction of the amount of municipal waste and conservation of recyclable materials is an important public concern by reason of the growing problem of municipal waste disposal and its detrimental impact on the environment. It is the intent of this Part to require, promote and regulate recycling activities in the municipality and to protect the health, safety and welfare of residents.

This Part has been developed to meet and implement municipal responsibilities established under Act 101.

It is the intent of this Part to promote intergovernmental cooperation in recycling activities by and among the municipalities comprising the NMCRC. Such cooperation is intended to more efficiently conduct recycling programs and to reduce costs.

The municipality's adoption of this Part anticipates the assignment of certain of its duties and powers under Act 101 to the NMCRC with respect to recycling activities and enforcement against violations of this Part. Such assignment of duties and powers will be accomplished in accordance with Section 304(c) of Act 101, 53 P.S. § 4000.304(c), and as set forth in this Part and in the intermunicipal agreement adopted by the member municipalities of the NMCRC. Duties and powers not assigned by the intermunicipal agreement or subsequent agreement shall remain with the municipality.

§ 20-204 Program Authority of NMCRC.

[Ord. No. 491, 9/22/2010, § 4]

The NMCRC is authorized to carry out a recycling program on behalf of the member municipalities in accordance with the terms and conditions of the IMA.

In accordance with the responsibilities in this Part, the NMCRC is authorized to establish, by resolution, rules and regulations related to the administration of the recycling program and to administer and enforce against violations of all such rules and regulations. The NMCRC shall determine the recyclable materials to be separated by residents, noncurbside residents and businesses and collected by municipal waste collectors; however, this designation may be changed by the NMCRC from time to time. The municipality may require additional materials to be recycled, in which event such additional materials shall be deposited at dropoff centers designated by the municipality, and the municipal waste collector will not be responsible for collecting such materials. Any additional requirements imposed by the municipality shall be consistent with and not interfere with the recycling program developed and implemented by the NMCRC. All commercial, industrial and institutional establishments shall also be required to separate the materials designated by the NMCRC for recycling.

In accordance with Section 1501(c)(1)(iii) of Act 101, 53 P.S. § 4000.1501(c)(1)(iii), the NMCRC shall be authorized to exempt persons occupying commercial, institutional and industrial establishments from the requirements of this Part if they have otherwise provided for the recycling of materials designated by this Part and any subsequent resolutions. To be eligible for this exemption, the commercial, industrial or institutional waste generator must provide, on an annual basis, written documentation to the municipality and the NMCRC of the total quantity of each material recycled, in the form and by the Act as provided for in the NMCRC's rules and regulations. Further, to be eligible for the exemption, any such commercial, institutional or industrial establishment must provide proof upon demand, and no less frequently than annually that if the establishment generates leaf waste, that the establishment has a collection service for leaf waste. Exemptions shall be handled administratively by the NMCRC.

§ 20-205 Responsibilities of Generator.

[Ord. No. 491, 9/22/2010, § 5]

Each person or entity who or which generates municipal waste in the Borough shall be required to have a trash and recycling service in compliance with Act 101 and shall be responsible for complying with the requirements of this Part for the separation of recyclable materials from other trash or waste as required by Act 101 as implemented by the NMCRC. This shall include tenants and lessees occupying leased properties.

Owners, landlords or rental agents of any leased property, other than a single-family occupied property, shall be responsible for publicly posting educational information provided by the NMCRC, municipality and/or municipal waste collectors; provide appropriate recyclable material collection containers and providing for pickup of such containers in accordance with this Part. Owners, landlords or rental agents of a single-family occupied property may assign such responsibility to the tenant or lessee occupying the property through a lease or rental agreement or other written assignment.

Every person or entity must separate household hazardous waste and leaf waste from the recyclable materials and other municipal waste. It is the responsibility of a person or entity to dispose of household hazardous waste in accordance with applicable law as implemented by Montgomery County.

All occupants of single-family homes, including townhomes and rowhomes where individual municipal waste collection occurs, shall maintain a separate container of the type specified or provided by the NMCRC or municipal waste collector to collect all designated recyclable materials in a commingled or modified commingled (e.g., different materials separated into paper bags and placed in the container) fashion, as established by the municipal waste collector, subject to the rules and regulations of the NMCRC. No municipal waste or recyclable material container shall be placed at the curb or in the front yard of any resident's property except during the period beginning at 6:00 p.m. on the evening prior to the day of scheduled collection, and the empty container shall be removed by 11:59 p.m. on the day of scheduled collection. Enforcement of container rules for placement at curbside shall be the responsibility of the municipality. Newspapers may also be placed in paper bags (no plastic bags) or bundled and tied, both across and lengthwise, with rope or cord, and kept dry prior to collection and placed at curbside with the recycling container. No such municipal waste containers or recyclable material containers, including bundles of newspapers (other than containers supplied by municipal waste collectors), shall weigh more than 50 pounds.

Owners or landlords of any multifamily residential units 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, and source-separated or commingled recyclable material containers or dumpsters may be utilized. The containers or dumpsters must be provided at easily accessible locations, and written instructions must be provided to the occupants concerning the use and availability of such containers or dumpsters. Owners or landlords of multifamily residential units who comply with the requirements of this subsection shall not be liable for the noncompliance of any persons 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 recyclable materials and placing them in the containers or dumpsters provided for such purposes.

Owners or landlords of any institutional, commercial, business or industrial establishment shall be required to meet the same requirements outlined in Subsection 5, unless exempted under Subsection 4 of this section or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property.

§ 20-206 Materials to Be Recycled.

[Ord. No. 491, 9/22/2010, § 6]

All homes, apartments and other residential establishments shall be required to separate and recycle the following: clear glass, colored glass, newsprint (including newspaper inserts, junk mail and telephone books), aluminum cans, steel cans, bimetallic cans, No.1 PET plastics and No.2 HDPE plastics.

Commercial establishments will be required to separate and recycle the following: corrugated paper, high-grade office paper, aluminum cans, leaf waste, and yard waste.

Hospitality establishments which include restaurants and taverns shall be required to separate and recycle the following: cardboard, office paper, newspaper (including newspaper inserts, junk mail and telephone books), aluminum cans, steel cans, bimetallic cans, No.1 PET plastics and No.2 HDPE plastics.

§ 20-207 Responsibilities of Municipal Waste Collectors.

[Ord. No. 491, 9/22/2010, § 7]

Reporting and Recordkeeping Requirements.

Unless specifically provided otherwise in the NMCRC's rules and regulations, all municipal waste collectors shall deliver or send, at least every six months, an information sheet that names the materials which are to be recycled.

Municipal waste collectors shall be responsible for obtaining weight and volume data on all municipal waste and recyclable materials collected by them in each municipality which is a member of the NMCRC. Said data shall be supplied to the NMCRC on an annual basis by January 15 for the preceding year. Such report shall include the name of the market or processor where recyclable materials are delivered and shall be signed by an officer of the municipal waste collector.

Municipal waste collectors shall maintain records of their collection, removal, transportation and hauling activities for each municipality and make them available for inspection by the NMCRC, in accordance with the rules and regulations of the NMCRC.

Collection, Processing, Marketing and Reporting Requirements.

Each municipal waste collector operating in the municipality shall be responsible for complying with the requirements of this Part and the NMCRC's rules and regulations for the collection, processing and marketing of recyclable materials.

The municipal waste collector shall, in providing refuse collection and disposal services, also provide for the collection of recyclable materials. Unless specifically provided otherwise in the NMCRC's rules and regulations, where once or twice a week municipal waste collection is provided, the municipal waste collector must provide at least once a week recyclable material collection. Customers using once a month municipal waste collection must have recyclable materials collected at least once a month.

A municipal waste collector shall not be permitted to allow recycling containers or dumpsters to fill beyond capacity and shall schedule the frequency of such collection accordingly.

The municipal waste collector shall be responsible for the processing and marketing of the recyclable materials or the delivery of recyclable materials to a recycling processor. Such activities may be conducted by the municipal waste collector or any agent thereof or a private entity conducting such business, a nonprofit entity able to undertake such effort or any governmentally owned or operated facility capable of such functions.

The municipal waste collector shall, prior to initiating processing and marketing activities, provide the NMCRC with a summary of its proposed efforts, including the location of the facility(ies) to which the recyclable materials will be delivered, to the maximum extent possible. All such facility(ies) shall be appropriately licensed and permitted. Updates shall be provided as changes are made.

All municipal waste collectors shall keep records of the quantities of recyclable materials collected in the municipality. The records shall include the weight of the total quantities of recyclable materials and total quantities of municipal waste and an estimate of the corresponding volume of material for both recyclable materials and municipal waste. Estimates of the individual components comprising the commingled recyclable materials shall also be provided. Written reports shall be provided to the NMCRC on reporting forms provided by the NMCRC and shall include the name and location of the processing center and/or recyclable materials dealer and shall be submitted in accordance with the time schedules established in this Part.

Leaf waste quantities shall be recorded by the municipal waste collector collecting such materials. Such quantities may be in the form of estimates on either a cubic yard or tonnage basis collected, and written documentation must be provided to the NMCRC by January 31 of each year for materials collected in the preceding calendar year of the total quantity of leaf waste collected. The collector has the option of reporting tonnage either in compacted or uncompacted cubic yards.

Municipal waste collectors shall not collect refuse, recyclable materials or any other wastes between the hours of 8:00 p.m. and 6:00 a.m. Eastern standard time nor, when applicable, between 8:00 p.m. and 6:00 a.m. daylight saving time. Failure to comply with this provision shall subject a municipal waste collector to the enforcement by the individual municipality.

§ 20-208 Assignment of Program Responsibilities; Intergovernmental Cooperation.

[Ord. No. 491, 9/22/2010, § 8]

The municipality recognizes that intergovernmental cooperation among the municipalities comprising the membership of the NMCRC will be of benefit to the municipality by more efficiently conducting recycling program activities. Intergovernmental cooperation efforts will include, but are not limited to, the following:

Ongoing determination of the list of recyclable materials for the NMCRC municipalities.

Development and implementation of joint education programs, including the placement of newspaper ads, website pages and other appropriate media.

Preparation of information for municipality newsletters.

Development and implementation of reporting forms and grant applications and the filing of such forms and applications with the appropriate agencies.

Preparation of informational sheets for municipal waste collectors. Promulgation of rules and regulations pertaining to the recycling program.

Authorization for the NMCRC solicitor to seek enforcement against violations of this Part as specified herein.

Intermunicipal Agreement.

In order to implement the intent and terms of this Part, the municipality, pursuant to the authority of the Intergovernmental Cooperation Act, 53 Pa.C.S.A. § 2301 et seq., and Article IX, § 5, of the Constitution of the Commonwealth of Pennsylvania, has determined to enter into an intermunicipal agreement ("IMA") between the municipalities comprising the NMCRC.

[Amended at time of adoption of Code (see Ch. AO)]

Terms and implementation of IMA. The terms and implementation of the IMA shall be as more fully set forth in the IMA and this Part, as follows:

The NMCRC shall develop, implement and maintain a recycling program for the municipalities comprising the NMCRC.

The participating municipalities shall certify that they have enacted a municipal recycling ordinance in a form substantially similar to this Part by providing an executed and attested copy of the ordinance to the NMCRC solicitor.

The NMCRC shall be authorized to promulgate rules and regulations and administer and enforce those rules and regulations as desired or to delegate such enforcement to the member municipalities.

The NMCRC shall be authorized to enforce the IMA and select municipal ordinances enacted pursuant to the IMA.

The purpose of the IMA is to provide a uniform recycling program for the municipalities comprising the membership of the NMCRC and to minimize duplicative efforts by the member municipalities.

Findings under Intergovernmental Cooperation Act. As required by the Intergovernmental Cooperation Act, Act of December 19, 1996, P.L. 1158, No. 177, 53 Pa.C.S.A. § 2301 et seq., as amended, the following matters are specifically found and determined:

[Amended at time of adoption of Code (see Ch. AO)]

The conditions of agreement are set forth in the IMA.

The duration of the term of the IMA is set forth in Sections 913 and 914 of the IMA.

The purpose of the IMA is to cooperate with the NMCRC and other participating municipalities in developing, implementing and maintaining a recycling program.

The organizational structure necessary to implement the agreement is set forth in the IMA, with which the member municipalities shall cooperate.