Township of Hempfield, PA
Westmoreland County
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Table of Contents
Table of Contents
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 commercial, municipal and institutional establishments located in the municipality for which waste collection is provided by the municipality or any other 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 collectors operating in the municipality and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program.
B. 
This article is ordained pursuant to the authority granted to Townships by the Second Class Township Code of the Commonwealth of Pennsylvania. (See 53 P.S. § 55107 et seq.)
A. 
All persons who are residents of the municipality shall separate all of those recyclable materials designated by the municipality from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection, and shall place same for collection in accordance with the following requirements:
(1) 
Persons in residences must separate recyclable materials from other municipal waste. 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 to the municipality or shall pay the replacement cost of said container. 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 to such container shall be a violation of this article.
(2) 
An owner, landlord, manager or agent of an owner, landlord or manager of a multifamily housing property with more than four 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. Owners, landlords, managers and agents of owners, landlords or managers who comply with this article shall not be liable for noncompliance of occupants of their buildings.
(3) 
If recyclable materials are collected by a 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 from the collector which certifies that recyclable materials are being collected from the multifamily housing property.
B. 
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste.
C. 
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the municipality generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. In addition to the above:
(1) 
Submit, at a minimum, an annual recycling report to the governing body of the municipality. The report shall document the amount of the municipal waste generated per year as well as the type and weight of materials that were recycled in the previous calendar year. Valid documentation shall include information from an end-use, recycler or waste hauler which describes the type and weight of each recyclable material that was collected and marketed. Documentation may be in the form of one of the following:
(a) 
Copies of weight receipts or statements which consolidate such information;
(b) 
A report from the collector of recycling collection services which identifies the amount of each material collected and marketed; the type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its source-separated materials;
(c) 
A report from the collector of waste collection services that identifies the type and weight of each recyclable material collected and marketed in cases where recyclables are commingled with the establishment's waste; the type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its waste. For Subsection C(1)(b) and (c), where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.
D. 
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 collector pursuant to this article shall, from time of placement at the curb, become the property of the municipality or the authorized collector, except as otherwise provided by § 70-17 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside 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 Board of Supervisors or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the municipality or an authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residence or 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 Board of Supervisors or other entity responsible for authorizing collection of recyclable materials.
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 collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited unless markets do not exist and the collectors or operators have notified the Township Manager or his designated agent in writing.
A. 
The Township Manager or his designated agent is here-by 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 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 offenses. 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 $300 and costs of prosecution for each and every offense.
The municipality may enter into agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.
The municipality may, from time to time, modify, add to or to remove from the standards and regulations herein and as authorized in § 70-20.
This article shall take effect upon adoption of this ordinance and shall remain in full force and effect after this date.