[HISTORY: Adopted by the Board of Commissioners of the Township of Wilkins as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-29-1991 by Ord. No. 814 (Ch. 135, Art. I, of the 1998 Township Code)]
This article shall be known and referred to as the "Solid Waste Ordinance."
A. 
The following words and phrases as used in this article shall have the meanings ascribed herein unless the context clearly indicates a different meaning:
ACT or ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
AGRICULTURAL WASTE
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, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forest or other agricultural lands.
BULKY WASTE
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.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
COMMISSIONERS
The Township Commissioners of the Township of Wilkins.
CONSTRUCTION DEMOLITION WASTE
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.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISPOSAL
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.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste comprised of garbage and rubbish which normally originates in the residential private household or apartment house.
GARBAGE
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.
HAULER or PRIVATE COLLECTOR
Any person, firm, copartnership, association or corporation who has been contracted by the Township or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
HAZARDOUS WASTE
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:
(1) 
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
(2) 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
HEALTH DEPARTMENT
The Allegheny County Health Department.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
MUNICIPAL WASTE
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.
PERSON
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.
PROCESSING
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.
REFUSE
All solid waste materials which are discarded as useless.
RESIDUAL WASTE
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]
RUBBISH
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, wood and yard cleanings.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SECRETARY/MANAGER
The Secretary/Manager or Assistant Secretary/Manager of the Township of Wilkins.
SEWAGE TREATMENT RESIDUES
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.
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
STORAGE
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.
STORAGE PLACE
A secure place that does not interfere with the quiet and visual enjoyment of neighboring property owners, where trash receptacles are located following removal from the curbside.
[Added 5-14-2018 by Ord. No. 1076]
TOWNSHIP
The Township of Wilkins.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[1]
Editor's Note: See 35 P.S. § 6018.101.
[2]
Editor's Note: See 52 P.S. § 30.51 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
A. 
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Township 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. 
It shall be unlawful for any person to burn any solid waste within the Township 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. 
It shall be unlawful for any person to dispose of any solid waste in the Township 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. 
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the Township without first securing required state and federal licenses to do so in accordance with the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Township.
F. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Township except at an approved and permitted resource-recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.
G. 
It shall be unlawful for any person to 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 Township 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 free of 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. Bundles shall be not more than three feet in length, not more than three feet in diameter and not more than 60 pounds in weight.
(5) 
Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 60 pounds in weight.
(6) 
When specified by the Township or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
(7) 
Carpet and/or carpet padding shall be placed in an approved closed container or must be cut in lengths not exceeding eight feet and securely tied. No single piece shall be more than 60 pounds in weight.
D. 
All municipal waste shall be stored in containers approved by the Township 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 capacity of not less than 10 gallons nor more than 35 gallons and a loaded weight of not more than 60 pounds.
(4) 
Disposable plastic bags or sacks are acceptable containers, provided that the bags are designated for waste disposal. Plastic bags shall have sufficient wall 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 35 gallons and a loaded weight of not more than 60 pounds.
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 condition 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 Township or its designated representative.
(5) 
Containers shall be placed by the owner or customer at a collection point specified by the Township or its designated representative.
(6) 
With the exception of pickup days when the containers are placed for collection, the containers shall be properly stored on the owner or customer premises at all times.
(7) 
Bulk waste items such as furniture, appliances and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards. Doors must be removed from appliances.
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 Township.
A. 
The Township shall provide for the collection of all garbage, rubbish and bulky wastes from individual residences, duplexes and townhouses, or it may contract with a private collector or collectors to provide this essential residential collection service. Remodeling and repair waste will be collected only when generated within the residence submitting it for collection.
B. 
All single-family, duplex and townhouse residences shall utilize the residential collection service provided by the Township.
C. 
All multifamily, commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the Township'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.
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 Township may require more frequent collection when deemed necessary by duly adopted regulation.
F. 
Residential collection schedules shall be published as deemed necessary by the Township or its contracted hauler.
G. 
Placement of container(s) at curbside may be no earlier than 5:00 p.m. on the day prior to the designated collection day and must be removed from curbside to the storage place no later than 24 hours following the designated pickup time.
[Amended 5-14-2018 by Ord. No. 1076]
H. 
All waste-collection activity shall be conducted from Monday through Saturday between the hours of 6:00 a.m. and 5:00 p.m., unless prior approval or any exception has been granted by the Township. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
I. 
All licensed haulers and haulers under contract with the Township shall comply with the following standards and regulations:
(1) 
All municipal waste collected within the Township 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) 
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
(5) 
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
A. 
The Township may make funds available in accordance with applicable law 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. 
Haulers not under contract with the Township shall be responsible for the collection of any fees for private arrangement or private-contract solid waste collection and disposal services provided to any individual, residential, commercial, institutional or industrial source within the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All appeals shall be made, in writing, to the Secretary/Manager of the Township.
B. 
Pending a reversal or modification, all decisions of the Secretary/Manager shall remain effective and enforceable.
C. 
Any person who is aggrieved by a new standard or regulation issued by the Township may appeal within 10 days after the Township gives notice of its intention to issue the new standard or regulation.
D. 
Appeals shall be conducted pursuant to the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 105, 551 and 751 et seq.
The Township may petition the appropriate court for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
[Amended 5-14-2018 by Ord. No. 1076; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)
This article shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates any provision of this article after a prior written warning shall, upon conviction in a summary proceeding, pay a fine of not more than $1,000, plus the costs of prosecution, and in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days. Each day that the violation continues shall be considered a separate offense.
[Adopted 7-29-1991 by Ord. No. 813 (Ch. 135, Art. II, of the 1998 Township Code)]
The short title of this article shall be the "Township of Wilkins 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:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[1]
ALUMINUM
All empty aluminum beverage or food cans.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum and cans commonly referred to as "tin cans."
COLLECTOR
The entity or entities authorized by the Township to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments that do not receive collection services from the Township to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes.
COMMISSIONERS
The Board of Commissioners of the Township of Wilkins.
COMMUNITY ACTIVITIES
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.
CORRUGATED PAPER
Structural paper materials with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel or tin-coated food or beverage containers.
GLASS 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.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL 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.
LEAD-ACID BATTERIES
Includes but is not limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings but not including grass clippings.
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals; expressly excluded are all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTIES
Any properties having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, 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.
NEWSPAPERS
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, colored comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
PERSON(S)
Owners, lessees and occupants of residences and commercial, municipal and institutional establishments. In any provisions of this article prescribing a fine, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PLASTIC BAG
Any container used for carrying, storing or disposing of groceries, wearing apparel, other retail/wholesale purchased items and yard waste.
PLASTIC CONTAINERS (HDPE)
Containers used for milk, clothes and dish-washing soaps and other cleaning products.
PLASTIC CONTAINERS (PET)
Containers used for soft drinks.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Township 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 Township or specified in future revisions to Act 101. The recyclable materials selected by the Township may be revised from time to time as deemed necessary by the Township.
RECYCLING
The collection, separation, recovery and sale or use 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.
RESIDENCE
Any occupied single-family dwelling, duplex or double house for which the Township provides municipal waste collection service.
SECRETARY/MANAGER
The Secretary/Manager or Assistant Secretary/Manager of the Township.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
SUPER-MIX PAPER
An unseparated mix of all recyclable grades and types of paper items used in offices for which one unit price is offered by a recycling broker or market.
TOWNSHIP
The Township of Wilkins.
WASTE
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.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A. 
The Township 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 Township for which waste collection is provided by the Township or any other collector. Collection of the recyclable materials shall be made at least once per month by the Township, its designated agent or any other solid waste collectors operating in the Township 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. 
Specific program regulations are provided in this article. The Commissioners are empowered to make changes to program regulations as necessary as described in § 358-19. Subsequent changes in the program regulations may be made through approval of the Commissioners.
Disposal by persons of lead-acid batteries with other municipal wastes is prohibited and shall be a violation of this article.
A. 
All persons who are residents of the Township shall separate all of those recyclable materials designated by the Township from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection and shall place the same for collection in accordance with the guidelines established hereunder.
(1) 
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the Township for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the Township and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Township shall be responsible for returning the allocated container(s) to the Township or shall pay the replacement cost of the Township 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 such container(s) shall be a violation of this article. Residents may, if necessary, purchase additional containers of their choosing for recyclable materials. However, any such container must bear the self-adhesive recycling logo label. The labels are available at the Township office free of charge.
(2) 
An owner, landlord, manager or agent of an owner, landlord or manager of a multifamily housing property with more than four units not serviced by the Township program shall 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. Leases shall contain provisions requiring occupants to comply with recycling laws and regulations. If recyclable materials are collected by a collector other than the Township or its authorized agent, owners, landlords and agents of owners or landlords shall submit an annual report to the Township 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.
C. 
Commercial, industrial, multifamily and other entities not serviced by the Township Collector must separate high-grade office paper, aluminum, corrugated paper, leaf waste, clear, green and brown glass and such other materials as may be designated by the Township generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection and provide for collection and removal of recyclable materials periodically as mandated in Township regulations. These entities shall:
(1) 
Provide for the recycling of high-grade office paper, aluminum, corrugated paper, leaf waste, clear green and brown glass and other materials deemed appropriate by the Township.
(2) 
Submit, at a minimum, an annual recycling report to the Secretary/Manager of the Township. The report shall document the amount of 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: copies of weight receipts or statements which consolidate such information; a report from the provider 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; or a report from the provider 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 reports from providers of recycling or waste collection services and 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.
(3) 
If recyclable materials are collected by a collector other than the Township or its authorized agent, occupants of said establishments shall submit an annual report to the Township reporting the type and weight of materials recycled during the previous calendar 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 establishment.
(4) 
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.
(5) 
Commercial, municipal and institutional establishments which generate more than 2,200 pounds of municipal waste per month should also implement a waste-minimization opportunity assessment which includes:
(a) 
Waste characterization, including source, generation rate, management techniques and management costs. The assessment should expressly consider high-grade office paper, aluminum, corrugated paper, leaf waste, clear green and brown glass and any other materials generated in significant quantities.
(b) 
A description of all possible waste-minimization options, including use and waste reclamation.
(c) 
An evaluation of the economic and technical feasibility of each option and a ranking of each option.
(d) 
An estimate of the payback period for each feasible option.
(e) 
A statement of which options will be implemented, including an explanation and a timetable.
(f) 
Identification of the individual(s) who will be responsible for implementing the plan.
(6) 
The waste-minimization plan should be periodically updated. Implementation of the plan should include:
(a) 
Recycling or composting of materials, to the greatest extent feasible, either privately or through a municipal recycling program.
(b) 
Use, to the greatest extent feasible, of products and materials which are recyclable or made of post-consumer materials.
(c) 
Substitution, to the greatest extent feasible, of durable and reusable products and materials for products that are not durable or reusable.
(d) 
Appropriate education materials and signs should be made available to employees or the public to encourage participation in recycling and waste reduction.
D. 
All recycling collection activity shall be conducted from Monday through Saturday between the hours of 6:00 a.m. and 5:00 p.m. unless prior approval or any exception has been granted by the Township. No collection, hauling or transporting of recyclables shall be permitted on Sunday.
E. 
Holders of liquor licenses issued by the Commonwealth of Pennsylvania need not include bottles as recyclables if such inclusion is in violation of applicable liquor laws.
All recyclable materials placed by persons for collection by the Township or an authorized collector pursuant to this article shall from the time of placement at the curb become the property of the Township or the authorized collector, except as otherwise provided by § 358-17 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 Township or one authorized by the Township 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 Township 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 residences 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 Township 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 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 Secretary/Manager in writing.
A. 
The Secretary/Manager 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 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. 
This article shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this article shall, upon conviction in a summary proceeding, pay a fine of not more than $1,000, plus the costs of prosecution, and in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days. Each day that the violation continues shall be considered a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
The Township reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials or not to collect municipal waste from any residence not being registered as having obtained a Township recycling container.
The Township may enter into (an) agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.
The Township may from time to time modify, add to or delete from the standards and regulations herein and as authorized in § 358-19.[1]
[1]
Editor's Note: Former Art. III, Collection Fees and Charges, adopted 12-27-1994 by Ord. No. 864, which immediately followed this section, was repealed 11-27-1995 by Ord. No. 877, said repeal to be effective 1-1-1996.