This article shall be known as the "Royersford Recycling Ordinance."
This article is enacted in accordance with the Solid Waste Management
Act, P.L. 380, No. 97, July 7, 1980 ("Act 97") and the Municipal Waste Planning, Recycling and Waste
Reduction Act, No. 101, July 28, 1988 ("Act 101").
The purposes of this article are:
A. To require waste reduction and recycling as a means of managing municipal
waste, conserving resources and supplying energy.
B. To establish and implement within the Borough of Royersford a recycling
program to return valuable materials to productive use, to conserve
energy and to protect capacity at municipal waste processing or disposal
facilities.
C. The weight or volume of municipal waste generated per capita in this
Borough on January 1, 1997, should, to the greatest extent practicable
be less than the waste or volume of municipal waste generated per
capita on the effective date of this article.
D. Each person living in the Borough of Royersford shall be taught the
economic, environmental and energy value of recycling and waste reduction,
and shall be encouraged through a variety of means to participate
in such activities.
The Borough of Royersford hereby establishes and implements
a source separation and collection program for recyclable materials
pursuant to Act 101.
The municipal recycling collector shall, in providing recycling
services to residential establishments, provide once-a-week recycling
collection services to residential establishments. The specific duties
and responsibilities of the municipal recycling collector shall be
designated in an agreement to be entered into by and between the Borough
of Royersford and the municipal recycling collector.
The Borough recycling collector shall be responsible for the
processing and disposal of the recyclable materials in accordance
with all applicable laws and statutes.
The municipal recycling collector shall keep records of the
quantities of recyclable materials collected in the Borough. The records
shall include the weight and the total quantities of recyclable materials
and an estimate of the corresponding volume of material for recyclable
materials. Estimates of the individual components comprising the commingled
recyclable materials shall also be provided. Written reports shall
be provided to the Borough on reporting forms provided by the Borough
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 by the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Any person or entity who shall violate the provisions outlined herein
regarding the separation of recyclable materials shall receive an
official written warning of noncompliance from the Borough for the
first offense. Thereafter, all such violators of the provisions of
this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not less than $100 nor
more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this article in equity in the Court of Common Pleas of
Montgomery County.
B. Any person or entity who shall violate the provisions outlined herein
regarding the unauthorized collection of recyclable materials shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not less than $100 nor more than $1,000, plus
court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Montgomery
County.
This article shall be construed under the laws of the Commonwealth
of Pennsylvania.
The Borough may, from time to time, modify the regulations adopted
in accordance with this article or make modifications to this article.