[Ord. No. 127, 8/19/1991]
This Part shall be known and may be cited as the Municipal Waste
and Recyclable Collection Ordinance.
[Ord. No. 127, 8/19/1991]
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of steel and
aluminum.
Those properties used primarily for commercial or industrial
purposes.
Structure paper material with inner core shaped in rigid
parallel furrows and ridges.
Materials found within the municipal waste stream that have
been designated for collection under the Township's Recycling
Collection Program.
Empty steel or tin-coated steel food or beverage containers.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products, Pyrex, coffee mugs, drinking glasses or light bulbs.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people such
as hospitals, schools, day care centers and nursing homes.
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
Any properties having six or more dwelling units per structure.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semi-solid or contained
gaseous materials resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual waste or hazardous
waste in Act 97 and Act 101 from a municipal, commercial or institutional
water supply treatment plant, wastewater treatment plant or air pollution
control facility, but excluding source separated recyclables.
Any collector registered pursuant to this Part and the regulations
established by Resolution adopted hereunder, and pursuant to any Intermunicipal
Agreement subsequently executed by the Township with Berks County
or other municipalities.
The Township of Amity, Berks County, Pennsylvania.
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 provision of this Part prescribing a
fine, penalty or imprisonment, or any combination of the foregoing,
"person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
Empty PET plastic bottles (soda bottles) and HDPE plastics
(laundry detergent bottles and/or plastic milk containers).
Any state agency or local public agency.
Only those materials required to be recycled pursuant to
the provisions of regulations established by Resolution adopted hereunder,
as revised from time to time.
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, which owns, leases or occupies a property located
in the Township used as a residence and containing five or less dwelling
units.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
The containment of any municipal 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 municipal waste in excess
of one year constitutes disposal.
The Township of Amity, Berks County, Pennsylvania.
[Ord. No. 127, 8/19/1991]
Designated recyclable materials for the Township Collection
Program shall consist of such materials as may be designated by Resolution
adopted, from time to time, by the Board of Supervisors of the Township.
[Ord. No. 127, 8/19/1991]
All persons residing within the Township, whether in single-family
or multifamily dwellings, townhouses or apartments, shall separate
from other municipal waste generated at their dwellings all designated
recyclable materials. These materials shall be stored until collection
thereof by the Township or its designated agent, at times and dates
as set forth by the Township in subsequently promulgated regulations.
The Township, from time to time, hereafter by resolution, may designate
other items to be recycled. Nothing in this Part, or subsequently
promulgated regulations relating hereto, shall be deemed to impair
the ownership of separated materials by the person or persons who
generated them, unless and until such materials are placed at curb
side, or other designated location, for collection by the Township,
or its agents, at which time ownership of said materials shall pass
to the Township.
[Ord. No. 127, 8/19/1991]
All persons residing within the Township, as aforesaid, shall
also separate from other municipal waste generated at their dwellings
all leaf waste so generated, in those areas of the Township and during
those periods of time that the Township, by resolution and notice,
indicates that such leaf waste is to be collected, until the times
for collection, unless those persons have otherwise provided for the
composing of such leaf waste.
[Ord. No. 127, 8/19/1991]
The owner and/or landlord or the agent of such owner and/or
landlord of multifamily rental housing properties with six or more
dwelling units, and mobile home parks, shall comply with the requirements
of this Part by establishing a collection system for designated recyclable
materials at each such property. The collection system must include
suitable containers for the collecting and sorting of said recyclable
materials, easily accessible locations for the containers, and written
instructions to the occupants concerning the use of said collection
system. Owners and/or landlords and the agent for such owners and/or
landlords shall not be liable for the noncompliance of occupants of
their buildings.
[Ord. No. 127, 8/19/1991]
The owners and/or landlord or the agent of such owner and/or
landlord of multifamily rental housing properties with six or more
dwelling units, and mobile home parks, not included in the collection
system of the Township shall establish a system for the collection
of designated recyclable materials and leaf waste and arrange for
the removal of such materials to a center for recyclable materials.
Leaf waste shall be collected and transported to a composting facility
or leaf mulching operation as may be designated by the Township by
resolution or notice. Quarterly reports, in writing of the number
of tons of such material recycled shall be made to the Township by
the 15th day of January, April, July and October of each year following
each quarter's end.
[Ord. No. 127, 8/19/1991]
All persons owning, leasing, operating, managing and/or otherwise
controlling commercial, municipal or institutional establishments,
or community activities, shall separate high grade office paper, aluminum,
corrugated paper and leaf waste, collect the same and arrange for
the removal of such materials to a center for recyclable materials.
Annual reports, in writing, of the number of tons of such material
recycled shall be made to the Township by the 15th day of January
of the following year.
[Ord. No. 127, 8/19/1991]
The Township, by resolution of the Board of Supervisors, from
time to time, will schedule a day, not less frequently than once a
month, when designated recyclable materials are to be placed at curb
side, or other designated location, for collection. In single-family
areas of the Township, one container will be provided for the collection
of all designated recyclable materials. Designated materials must
be set out for collection in accordance with rules and regulations
adopted by the Township.
The Township will establish a system for the collection, not
less frequently than once a month, of designated recyclable materials.
Such system may involve the collection, transporting, processing or
marketing of the materials by the Township itself, or through contracting
with other persons for the collection, transporting, processing or
marketing of said commingled recyclable materials.
[Ord. No. 127, 8/19/1991]
Persons owning, leasing, operating or managing commercial, institutional
or municipal establishments within the boundaries of the Township
who have provided for, or who hereafter provide for, the recycling
of materials required to be recycled by the terms of this Part, or
by the terms of the Municipal Waste Planning, Recycling and Waste
Reduction Act of the commonwealth, are hereby exempt from the terms
of this Part. To be eligible for the foregoing exemption, a commercial,
institutional or municipal establishment generating municipal waste
must annually provide written documentation to the Township of the
total number of tons recycled by the 15th day of January of each year.
[Ord. No. 127, 8/19/1991]
Designated recyclable materials, from time to time, and the
placement of the same at curb side, or other designated collection
area, in accordance with the terms hereof or of subsequently adopted
regulations, shall be and become the property of the Township, or
its authorized or designated agent or agents. Prior thereto said designated
recyclable materials shall remain the property of the persons who
generated the same. It shall be a violation of the Part for any person
not so authorized by the Township to act as its agent or agents for
the collection of the designated recyclable materials.
[Ord. No. 255, 1/21/2009]
All property owners, stakeholders, and residents are required
to contract with a bonafide trash hauler for the legal description
of solid waste other than identified recyclables established by Amity
Township.
[Ord. No. 255, 1/21/2009]
All property owners, stakeholders, and residents are required
to maintain proof of contract with collector/hauler to dispose of
municipal waste generated on the premises for a period of one year.
Whenever requested by Amity Township, the owner of the real estate
shall present proof of current contract with a licensed hauler.
[Ord. No. 127, 8/19/1991]
(a)
Registration. Every person desiring to engage in, continue to engage
in or hereafter to begin to engage in the business of collecting,
removing, transporting or hauling municipal waste and recyclable materials
from any property in the Township shall first register with the Township.
Such registration shall be for a period of one year beginning January
1 of the year in which the registration occurs.
(b)
Collection Equipment and Transportation Vehicles. The collection
equipment and transportation vehicles used for the collection of municipal
waste shall be of the closed metal body type with an automatic compactor
unit. Said vehicles shall, at all times, be in good and proper mechanical
condition and in compliance with the minimum safety and sanitary regulations
of the Commonwealth of Pennsylvania. All such vehicles shall be specifically
designed to prevent leakage of any liquid or fluids. Other type vehicles
may be used only for the collection of recyclable materials, provided
such items are separately collected in accordance with other regulations
adopted hereunder. The municipal waste and recyclables so collected
shall be suitably enclosed or covered so as to prevent roadside littering,
attraction of vermin or creation of other nuisances. The collection
equipment and transportation vehicles shall be kept in clean and sanitary
condition.
(c)
Certificate of Insurance. No person shall be entitled to register
with the Township as a collector unless such collector can show certificates
of insurance covering public liability for both bodily injury and
property damage, owners' and contractors' protective insurance,
and automobile insurance with respect to personal injuries and property
damage. Such insurance shall be in amounts that shall be, from time
to time, set forth by the Board of Supervisors of the Township by
regulations established by resolution adopted hereunder. Each and
every policy of insurance herein mentioned which is required pursuant
to the terms of this Part shall carry with it an endorsement to the
effect that the insurance carrier will convey to the Township, by
certified mail, written notice of any modifications, alterations or
cancellation of any such policy or policies or the terms thereof.
The above mentioned written notice shall be mailed to the Township
at least 30 days prior to the effective date of any such modification,
alteration or cancellation.
(d)
Collection Procedures. Municipal waste collectors shall not be required
to collect municipal waste of any resident where it is obvious that
recyclable materials have not been separated pursuant to this Part.
(e)
Rates Schedule. Each municipal waste collector shall, annually, file
with the Township a rate schedule showing the rates to be charged
to its customers for the collection of municipal waste and recyclable
materials. Such rate schedules shall not be changed by the municipal
waste collector without first giving notice to the township at least
30 days prior to the effective date of such change. Each municipal
waste collector shall also file with the Township, annually, or upon
changes of the routes, a map showing the areas in which it operates
and a timetable setting forth the days of collection.
(f)
Registration Fee. At the time of registration, the collector shall
pay to the Township a registration fee in an amount and form as may
be adopted, from time to time, by Resolution of the Board of Supervisors
of the Township.
[Ord. No. 127, 8/19/1991]
It shall be unlawful for:
(a)
Any persons, other than those persons authorized, to collect any
designated recyclable which has been placed at the curb side or similar
location for collection;
(b)
Any person to violate or to cause or to assist in the violation of
any provision of this Part;
(c)
Any person to place, or cause to be placed, any materials other than
a designated recyclable in recycling containers;
(d)
Any person to hinder, to obstruct, to prevent or to interfere with
the Township or any other authorized person in the performance of
any duty under this Part.
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Any person who shall violate the provisions of this Part shall
receive an official written notice of noncompliance from the Township
for the first and second offenses. Thereafter, all such violations
shall be subject to penalties hereinafter provided.
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[Ord. No. 127, 8/19/1991]
The collection of municipal waste and recyclable materials by
municipal waste collectors shall be made in compliance with the regulations
to be adopted by the Board of Supervisors of the Township to carry
out the intent and purpose of this Part. Such rules and regulations
shall be approved by Resolution of the Board of Supervisors of the
Township; and when so approved, shall have the same force and effect
as the provisions of this Part. Said rules and regulations may be
amended, modified or replaced by Resolution of the Board of Supervisors
of the Township.
[Ord. No. 127, 8/19/1991]
Any person who violates any provision of this Part, or of the
regulations adopted hereunder, or any person who knowingly commits,
takes part or assists in any such violation, shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
more than $1,000, and not less than $50. Each day on which a violation
of this Part continues shall constitute a separate offense punishable
by a like fine or penalty. In addition to said penalty, the Township
may institute any appropriate action or proceeding, whether by legal
process or otherwise, to prevent any illegal act, conduct, business
or use on or about such premises subject to this Part.
[Ord. No. 127, 8/19/1991]
Should any clause, section or part of this Part be held unconstitutional,
illegal or unenforceable by any Court of competent jurisdiction, such
invalidity shall not affect, impair, nullify or otherwise prevent
the enforcement of the remainder of the Part. It is hereby declared
that such clauses, sections or parts as are legal would have been
enacted independently of the invalid portion had the invalidity of
such clause, section or part be known, and it is the intention of
the Township that such remainder shall be and remain in full force
and effect.
