[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.
| 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. |
[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.
