Chapter 219 Solid Waste

Any material or substance which, by reason of its composition or characteristics, is

Toxic or hazardous waste.

As defined in the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.;

[2]

As defined in Section 6(e) of the Toxic Substances Control Act, 15 U.S.C. § 2605(e);

[3]

Under Act 97; or

[4]

Under any other applicable laws of similar purpose or effect, including, but not limited to, with respect to each of such items in Subsection (1)(a)[1] through [4], any replacement, amendment, expansion or supplement thereto and any rules, regulations, or policies thereunder; or

Special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and any replacement, amendment, expansion or supplement thereto and any rules, regulations or policies thereunder; and

Any other material that any governmental agency or unit having appropriate jurisdiction shall determine from time to time is harmful, toxic, or dangerous, or otherwise ineligible for disposal in the landfill.

LANDFILL

A landfill with which the Waste Authority has contracted to dispose of acceptable waste.

MUNICIPAL WASTE

Municipal waste as defined in Section 103 of Act 97 and Section of Act 101,[1] and any rules, regulations or policies promulgated thereunder.

MUNICIPALITY

The Township of Douglass, a Township of the Second Class, located within the County of Montgomery, Commonwealth of Pennsylvania.

NONPROCESSIBLE WASTE

White goods;

Automobile tires in quantity;

Noncombustible items, stumps, logs, brush and other waste which either:

Weighs in excess of 25 pounds; or

Exceeds one of the following dimensions: four feet in length, four inches in diameter or four inches in thickness;

Sludges;

POINT OF ENTRY INTO THE WESTERN COUNTY SYSTEM

Construction and demolition debris; or

(6)

Leaf waste beyond that permitted by Act 101.

PERSON

Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, Township, 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 provisions of this article prescribing a fine, penalty, imprisonment or denial or grant of any license, 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.

PLAN

The countywide municipal waste management plan developed by the County and approved by DEP, as such has been and may hereafter be amended or revised in compliance with law.

PLAN REVISION

The revision dated June 1990 to the County Municipal Waste Management Plan developed by the county, to be submitted to DEP and approved by a majority of the affected municipalities within the county representing a majority of the county's population.

Any delivery point within the Western County System designated by the Waste Authority for delivery of acceptable waste.

PROCESSIBLE WASTE

That portion of acceptable waste which is not nonprocessible waste.

RECYCLING or RECYCLED

The collection, separation, recovery and sale or reuse 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 other than a fuel for the operation of energy.

SOURCE SEPARATION

The segregation and collection, prior to the point of entry into the Western County System for the purpose of recycling of individual components of acceptable waste, such as (without limitation) bottles, cans, and other materials in accordance with Act 101.

UNACCEPTABLE WASTE

Any material that by reason of its composition, characteristics or quantity is ineligible for disposal at the landfill pursuant to the provisions of:

The Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the regulations thereunder; or

Except for trace amounts normally found in household or commercial solid waste, any other similarly applicable law (including, but not limited to, the following laws and the regulations, if any, promulgated under each: the Toxic Substance Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1251; et seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; Act 97; the Hazardous Sites Cleanup Act, Act 108,[2] enacted October 18, 1988; and any similar or substituted legislation or regulations or amendments to the foregoing, as well as any other laws coextensive with the foregoing);

Any other materials that any governmental body or unit having or claiming appropriate jurisdiction shall determine from time to time to be harmful, toxic, dangerous, or otherwise ineligible for disposal at the landfill;

Any waste that a landfill or other applicable facility is precluded from accepting pursuant to any permit or governmental plan governing such landfill or other applicable facility;

Hazardous waste;

WESTERN COUNTY SYSTEM or SYSTEM

Residual waste as defined in Act 101 (except as otherwise provided in any landfill agreement to which the Waste Authority is a party);

(6)

Special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and any similar or substituted legislation or regulation or amendments to the foregoing, including, but not limited to, any other laws coextensive with the foregoing;

(7)

Asbestos, sludge, infectious waste, chemotherapeutic waste, and incinerator ash (except as otherwise provided in any landfill agreement to which the Waste Authority is a party);

(8)

White goods in quantity and/or automobile tires in quantity; and

(9)

Any other material that the Waste Authority reasonably concludes would require special handling or present an endangerment to a disposal facility, the public health or safety, or the environment.

WASTE AUTHORITY

The Waste System Authority of Western Montgomery County created by the county for purposes relating to municipal waste disposal and/or the IMA and the County Waste Flow Ordinance.

The solid waste management and disposal system created by the county for the Western District and every aspect thereof including, but not limited to, equipment, transfer stations and resource recovery facilities, residue disposal sites, contractual arrangements or other rights, owned, acquired, leased, placed under contract, constructed, or assumed, operated, or to be owned, acquired, leased, placed under contract, constructed, operated, or assumed by the Waste Authority, the county or any agent, designee or contractor of either in connection with the plan or the plan revision.

WHITE GOODS

Refrigerators, washing machines, dryers, window air conditioners, hot water heaters and other major home appliances.

§ 219-2 Operation by licensed collectors and transporters.

Editor's Note: See 35 P.S. § 6018.103 and 53 P.S. § 4000.103, respectively.

[2]

Editor's Note: See 35 P.S. § 6020.101 et seq.

All other capitalized words and phrases shall have the same meaning as set forth in Act 97 or Act 101 as they may hereinafter be amended or supplemented by legislation regarding municipal waste management or planning, or as set forth in the IMA. To the extent that any definition herein varies from the definition in the IMA, the definition in the IMA shall control.

Licensing. No person who is not duly licensed or deemed to be licensed by the Waste Authority may collect or transport municipal waste located or generated within the Township. This waste collection or transportation license shall be a county license issued by the Waste Authority.

Compliance with rules, regulations and ordinances. In carrying on activities related to solid waste collection or transportation within this Township, all municipal waste collectors and all municipal waste transporters shall comply with the county ordinance, this article and the other municipal waste flow ordinances and all rules and regulations pertaining to the collection, transportation, processing, and disposal of solid waste as may be hereafter promulgated by the Waste Authority. Delivery by such collectors or transporters to the Western County System of unacceptable waste, nonprocessible waste (except for white goods) and waste from unapproved sources is prohibited.

Administration. License hereunder shall be issued and revoked by the Waste Authority, and administered by it. Any collectors or transporters who fail to comply with the provisions of this article shall be subject to any practicable sanctions in addition to the revocation of their licenses.

§ 219-3 Disposal of municipal waste.

Delivery to Western County System. Except as provided in Subsections B and C, below, all acceptable waste generated within this Township shall be delivered to the Western County System and, all acceptable waste collectors and transporters shall deliver to and dispose of all acceptable waste collected or generated within the Township to solid waste facilities designated in the Plan or Plan revision at one or more points of entry into the Western County System as designated from time to time by the Waste Authority.

Disposal at other sites. Disposal of municipal waste collected or generated within the Township may occur at other sites only as permitted by rule, regulation, ordinance or order duly issued by the Waste Authority or by the written agreement of the Waste Authority.

Recycling. Nothing herein shall be deemed to prohibit source separation or recycling or to affect any sites at which source separation or recycling may take place.

§ 219-4 Regulations.

Compliance with waste authority regulations. The collection, transportation, processing, and disposal of municipal waste present or generated within the Township shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the Waste Authority, including, without limitation, regulations related to the operation, management, and administration of the Western County System, applications and standards for licensing requirements for payment bonds or other payment security, including, but not limited to meeting liability insurance requirements, fees to be charged for such licensing, the terms of licenses, procedures, record keeping, transportation routes, payment for services, billing for shortfalls, sanctions for nonpayment, and other matters.

Adoption of regulations. Rules and regulations adopted by the Waste Authority for the Western County System shall be deemed rules and regulations adopted under this article.

Consistency of regulations with this article and other laws. No rules and regulations adopted by the Township pursuant to this article shall be in violation of or inconsistent with the provisions of this article, the other municipal waste flow ordinances, the County Waste Flow Ordinance, the Plan, the Plan Revision, the provisions and purposes of Act 97, Act 101, or regulations adopted thereunder, or such other laws, regulations or requirements as may be enacted by the United States of America, the Commonwealth of Pennsylvania, the Pennsylvania Department of Environmental Protection or the Pennsylvania Environmental Quality Board governing municipal waste planning, collection, storage, transportation, processing or disposal.

Enforcement of waste flow control. Enforcement of waste flow control and the terms of and any duties established pursuant to the County Waste Flow Ordinance, the other municipal waste flow ordinances and this article will be the responsibility of the county or the Waste Authority and, if requested by the county or the Waste Authority, with the cooperation of the municipalities.

§ 219-5 Annual survey.

All generators of municipal waste, and all municipal waste collectors and municipal waste transporters, any landfill operators, any transfer station operators, or any other parties involved in the collection, transportation, processing or disposal of municipal waste of the Township shall cooperate in the taking and preparation of an annual survey to be conducted by an engineering consultant designated by the Waste Authority.

§ 219-6 Certain prohibitions and requirements.

No person shall enter into any contract or conduct any other activity concerning the collection, transportation, processing or disposal of municipal waste in the Township in contravention of the terms of the County Waste Flow Ordinance, this article, or any rules and regulations issued thereunder.

Recycling. Nothing contained in this article shall interfere with the operation of any program for recycling.

This article shall be construed consistently with Act 97 and Act 101.

§ 219-7 Creation of authority.

The county has created the Waste Authority to administer the terms of the County Waste Flow Ordinance and to operate and administer the Western County System.

§ 219-8 Unlawful activities; nuisance.

Unlawful conduct. It shall be unlawful for any person to:

Violate, cause or assist in the violation of any provision of this article, any rule, regulation or order promulgated hereunder, or any rule, regulation or order promulgated by the Waste Authority or the county consistent with this article.

Transport, process, treat, transfer or dispose of or cause to be processed, treated, transferred or disposed municipal waste generated within the Township except as provided for in this article.

Collect or transport municipal waste present or generated within the Township without a valid license for collection or transportation issued by the Waste Authority.

Hinder, obstruct, prevent or interfere with the Township, the Waste Authority or the county or their personnel in the performance of any duty under this article or in the enforcement of this article.

§ 219-11 Injunctions; concurrent remedies.

Act in a manner that in contrary to Act 97 or Act 101, regulations promulgated thereunder, the Plan, the Plan Revision, this article, the county ordinance, rules or regulations promulgated under this article, the county ordinance, or the terms of licenses issued thereunder.

Public nuisance. Any unlawful conduct set forth in § 219-8A hereof shall constitute a public nuisance.

§ 219-9 Violations and penalties.

[Amended 11-4-1996 by Ord. No. 96-5; 7-7-1997 by Ord. No. 97-2]

Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

§ 219-10 Revocation of license.

Upon finding that any person has engaged in unlawful conduct as defined in this article, a) the Waste Authority may revoke any license issued to that person in accordance with § 219-2 of this article and b) the Waste Authority may deny any subsequent application by that person for a license pursuant to § 219-2 hereof.

Restraining violations. In addition to any other remedy provided in this article, the Waste Authority or the county may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of a license promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 219-9 hereof.

Concurrent remedies. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Waste Authority or the county from exercising any other remedy provided by this article or otherwise provided at law or equity.

§ 219-12 Intermunicipal agreement.

Entry into IMA. In order to implement the intent and terms of this article, the Township, pursuant to the Authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, codified at 53 P.S. §§ 481 to 490, and Article IX, § 5, of the Constitution of the Commonwealth of Pennsylvania, has determined to enter into the IMA between the Township, the county, the Waste Authority and other municipalities within the Western District, together with such changes consistent with this article, if any, as may be approved by the officials of the parties executing the same, such execution to be conclusive evidence of such approval.

Terms and implementation of IMA. As more fully set forth in the IMA and this article:

Terms of IMA. In the IMA:

The Waste Authority agrees to arrange through the Western County System for the provision of municipal waste disposal facilities for the economical and environmentally sound disposal of acceptable waste generated within the Township.

The municipalities state that they have enacted a municipal waste flow ordinance in a form substantially similar to this article which requires that all acceptable waste be delivered to the Western County System.

(c)

The county and the Waste Authority agree a) to enact or cause to be enacted rules and regulations and b) to enforce or cause to be enforced this article and the County Waste Flow Ordinance and the parallel municipal waste flow ordinances.

(d)

The municipalities agree to cooperate with the Waste Authority in the enforcement of the IMA and all ordinances enacted pursuant to the IMA (provided, however, that to the extent the enforcement of such ordinances can properly be delegated to it, the Waste Authority shall undertake the primary responsibility for such enforcement) and the municipalities thereby agree cooperatively to exercise their powers to accomplish the objectives of the IMA.

Duration of term of the IMA. The term of the IMA shall commence on the date thereof and shall terminate on the 10th anniversary of the date the Western County System becomes operational.

Purpose and objectives of IMA. The purpose of the IMA is to provide a mechanism to implement and operate the Western County System.

Financial obligations under the IMA. During the term of the IMA, municipalities (to the extent that they engage in the collection or transportation of municipal waste or contract with other persons for the collection or disposal of municipal waste) and other persons using the Western County System shall pay to the Waste Authority on a monthly basis the appropriate per ton tipping fee plus any other charges payable, as specified by the Waste Authority, for all tonnage delivered or caused to be delivered to the Western County System, in accordance with Article III of the IMA. Municipalities shall provide certain monies for operating expenses of the Authority to the extent not paid for through tipping fees on the basis of adjusted population data.

Execution. Appropriate officers of this Township are authorized and directed to execute the IMA on behalf of this Township.

(6)

Findings under intergovernmental cooperation act. As required by the Intergovernmental Cooperation Act of July 12, 1972, P.L. 762, No. 180, as amended, the following matters are specifically found and determined:

The conditions of agreement are set forth in the IMA;

Article II Recyclable Materials Collection

The duration of the term of this agreement is set forth in Section 801 of the IMA;

(c)

The purpose of the IMA is to cooperate with the county or Waste Authority and other municipalities in implementing the Plan and the Plan Revision;

(d)

The agreement will be financed through tipping fees imposed on users of the Western County System and through the budgeting and appropriation of funds by the Township as necessary to meet the expenses of the Waste Authority;

(e)

The organizational structure necessary to implement the agreement is set forth in the IMA with which the current officers of the Township shall cooperate;

(f)

The manner in which property, real or personal, shall be acquired, managed, licensed or disposed of is as set forth in the IMA; and

(g)

The agreement contemplates cooperation with the county or Waste Authority, which entities are empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for their employees.

§ 219-13 Construction.

The terms and provisions of this article are to be liberally construed so as best to achieve and to effectuate the goals and purposes hereof. This article shall be construed in pari materia with Act 97 and Act 101.

§ 219-14 When effective.

This article shall become effective immediately.

§ 219-15 Compliance with IMA.

The Township will take such actions as are necessary to comply with the terms of the IMA and to fulfill its obligations thereunder.

[Adopted 9-16-1991 by Ord. No. 91-7 (Ch. 20, Part 2, of the 1986 Code of Ordinances); amended in its entirety 1-5-2009 by Ord. No. 2009-01]

§ 219-16 Title.

This article shall be known and may be cited as the "Douglass Township Waste and Recyclable Materials Collection Ordinance."

§ 219-17 Legislative intent.

The reduction of the amount of municipal waste and conservation of recyclable materials is an important public concern by reason of the growing problem of municipal waste disposal and its impact on the environment. It is the intent of this chapter to promote, require and regulate recycling activities in the Township and to protect the health, safety and welfare of residents.

This article has been developed to meet and implement municipal responsibilities established under Act 101.

The Township's adoption of this chapter does not preclude the future assignment of its responsibility as it relates to the coordination, regulation and/or enforcement of recycling activities. Such assignment of responsibilities will be accomplished in accordance with Section 304(c) of Act 101[1] and would require the Township to enter into a written agreement with the entity accepting such responsibilities. However, under no circumstances will the Township relinquish its right to select the methodology for conducting recycling.

HOUSEHOLD HAZARDOUS WASTE

Editor's Note: See 53 P.S. § 4000.304(c).

§ 219-18 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, 53 P.S. § 4000.101 et seq.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

ACT 97

The Pennsylvania Solid Waste Management Act of 1980, 35 P.S. § 6018.101 et seq.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

BIMETAL CANS

Empty food or beverage containers constructed of a mixture of ferrous metal, usually tin or steel, and nonferrous metal, usually aluminum.

CORRUGATED PAPER

Paper products made of a stiff, moderately thick paper board, usually containing folds or alternating ridges, commonly known as "cardboard."

DEP

The Pennsylvania Department of Environmental Protection.

GLASS

Products made from silica or sand, soda ash and limestone; the product may be transparent (clear) or colored (e.g., brown or green) and used as a container for packaging (e.g., jars) or bottling of various matter. Expressly excluded are noncontainer glass, window or plate glass, light bulbs, blue glass and porcelain and ceramic products.

GRASS CLIPPINGS

The material bagged or raked during or after the cutting of a lawn, field or similar grassed area. Leaf waste which contains grass clippings shall be considered grass clippings.

HIGH-GRADE OFFICE PAPER

All type of white paper, bond paper and computer paper used in commercial institutional and municipal establishments and in residences.

Small quantities of hazardous waste (as defined in Act 97) available to a person or entity on a retail basis, such as pesticides, certain paints, aerosol cans and fertilizers.

LEAF WASTE

Leaves, garden residues, shrubbery, tree trimmings and similar material but does not include grass clippings.

MAGAZINES AND PERIODICALS

Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Such matter typically has a gloss or shine added to the paper. Expressly excluded are all other paper products of any nature whatsoever.

MIXED PAPER

All types of paper combinations, such as colored paper, carbonless forms, ledger paper, paper envelopes, mixtures of high-grade office paper and the like.

MUNICIPAL WASTE

Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid 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 or hazardous waste in 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.

MUNICIPAL WASTE COLLECTOR(S)

Any collector, remover, transporter and/or hauler of municipal waste and/or recyclable materials collecting or transporting municipal waste and/or recyclable materials for owners or occupants of property in the municipality, including the municipality itself, if it undertakes the collection of municipal waste, and pursuant to any regulations that may be established by resolution and adopted pursuant hereto, and pursuant to any intermunicipal agreement that may be subsequently executed by the Township with the county or other municipalities. A municipality shall be considered a municipal waste collector if it provides manpower and equipment for the collection of municipal waste.

NEWSPAPER

Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest.

PERSON or ENTITY

Any individual, firm, partnership, corporation, business, association, institution, cooperative enterprise, trust, municipality, municipal authority, federal institution or agency, state institution or agency, other governmental agency, authority or any other legal entity or group whatsoever which is recognized by law as the subject of rights and duties. In any provision of this article prescribing a fine, penalty or imprisonment or any combination of the foregoing, the term "person" or "entity" shall mean the officers and directors of any corporation or other legal entity having officers and directors.

PLASTIC CONTAINERS

Empty plastic food and beverage containers. Due to the large variety of plastics, the recycling regulations will stipulate the specified types of plastics that may be recycled.

RECYCLABLE MATERIALS

Materials generated by a person or entity which can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Materials which may be recycled include but are not limited to clear glass, colored (brown or green) glass, aluminum, steel and bimetal cans, high-grade office paper, mixed paper, newspaper, corrugated paper and plastic containers.

RESIDENT(S)

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 group 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 having curbside collection of municipal waste.

TOWNSHIP

Douglass Township, Montgomery County, Pennsylvania.

WHITE GOODS

Refrigerators, washing machines, clothes dryers, window air conditioners, hot water heaters and other major home appliances.

All terms not separately defined in this article that are contained in Act 97 and Act 101 are incorporated herein by reference.

§ 219-19 Program responsibilities of Township.

In accordance with the responsibilities set forth in this article, the Township is authorized to establish rules and regulations related to the separation, collection, processing and marketing of recyclable materials and to enforce all such rules and regulations. The Township shall determine the recyclable materials to be separated by a person or entity and collected by the municipal waste collector. The Township may modify the list of recyclable materials to be separated by a person or entity and collected by the municipal waste collector by means of a resolution.

The Township shall, in conjunction with the municipal waste collectors, be responsible for establishing an education program and together shall conduct and maintain a comprehensive public information program as follows:

The Township shall include articles and information on recycling requirements and activities within regular newsletters or mailings to residents and businesses in the community.

§ 219-20 Responsibilities of municipal waste collectors.

The municipal waste collectors shall, at least 30 days prior to the start of the recycling program and at least every six months thereafter, deliver or include with their invoices sent to customers, an information sheet on recycling. At the request of the municipal waste collectors, the Township will, as a service to the municipal waste collectors, provide facts relative to the requirements and operation of the recycling program that can be utilized in the aforementioned information sheet.

The municipal waste collectors shall be responsible for obtaining all weight and volume quantity data. Said data shall be supplied to the Township on a quarterly basis and fourth quarter data shall be supplied to the Township by January 15 for the preceding year, so that the Township may submit reports in accordance with Act 101 and other applicable laws and submit applications for recycling performance grants.

Each person or entity in the Township, as required by Act 101, shall be responsible for complying with the requirements of this article for the separation of recyclable materials. This shall include tenants and lessees occupying rented and nonowned property.

Owners, landlords or agents of any leased or rented property other than single-family type homes or single-tenant-occupied property shall be responsible for publicly posting educational information provided by the Township and/or municipal waste collectors, providing appropriate recyclable material collection containers and providing for pickup of such containers in accordance with this article. Owners, landlords or agents of a leased or rented property occupied by a single tenant may assign such responsibility to the tenant or lessee occupying a property, in writing or through a lease or rental agreement.

In accordance with Section 1501(c)(1)(iii) of Act 101, 53 P.S. § 4000.1501(c)(1)(iii), the Township shall exempt persons occupying commercial, institutional and municipal establishments from the requirements of this article if they have otherwise provided for the recycling of materials designated by this article. To be eligible for this exemption, the commercial, institutional, or municipal waste generator must provide, on a quarterly basis, written documentation to the Township of the total quantity of each material recycled. Fourth quarter data shall be supplied to the Township by January 15 for the preceding year.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The collection equipment and transportation vehicles used for the collection of municipal waste within the Township shall be of the closed-body type with an automatic compactor unit and said collection equipment and transportation vehicles shall be labeled to indicate the name of the municipal waste collector and shall further indicate that the vehicle is transporting municipal waste or recyclable materials. 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 and white goods, provided such items are separately collected in accordance with regulations established by the Board of Supervisors of the Township in a resolution. 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 a clean and sanitary condition.

Each person or entity interested in becoming a municipal waste collector must provide 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 at the request of the Township.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The municipal waste collector shall be licensed and shall have entered into a contract for the collection of municipal waste and recyclables with the Township in accordance with Chapter 219, Solid Waste, Article I, Solid Waste Management, of the Code of the Township of Douglass.

The collector shall be responsible for the bulk ordering and purchasing of recycling containers for residents. One recycling container shall be provided for each residential unit (with the possible exception of on e container to serve two or more multifamily residential units) in the Township. Residents may use recycling containers other than those obtained from the collector, provided said recycling containers are appropriately labeled or otherwise identified as containers for recyclable materials.

Each municipal waste collector shall be responsible for complying with the requirements of this article for the collection, processing and marketing of recyclable materials.

§ 219-21 Responsibility of residence and property owners.

General. It shall be the duty of every owner of property and every person occupying a dwelling unit, premise, or place of business within the Township where municipal waste is generated and accumulated, by his/her own expense and cost, except as otherwise specified in this article to hold all municipal waste accumulated between intervals of collection of such waste by an authorized collector and to insure the sanitary and legal disposal of such waste in accordance with this article and all other Township, state, and federal applicable laws and regulations. It is mandatory that all waste generated within this municipality be disposed of or recycled as provided in this article.

Storage on residential property.

All municipal waste accumulated by owners of residential property and/or the occupants of residential properties shall be placed in bags purchased from the Township for collection by a licensed collector.

The solid waste for commercial, institutional, and multifamily residential properties having more than four units shall be by special arrangements with an authorized collector so that all trash, rubbish and garbage is disposed of in accordance with Article I and all recyclables are collected in accordance with this article.

Authorized collectors. It shall be unlawful for any person or corporation, other than persons or corporations registered with the Township or licensed by the Commonwealth of Pennsylvania, to collect and/or transport solid waste of any nature as a regular hauling business within or from the Township. If the Township decides to enter into an exclusive contact for the collection of residential municipal waste in the Township, said contractor shall be required to collect municipal waste in the Township exclusive of other private haulers and collectors subject to exceptions to the exclusive Township contract.

Transportation of solid waste. Any person transporting solid waste within the Township shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste. The vehicles used to transport or convey solid waste shall be leakproof and enclosed to the extent necessary to ensure no loss or spilling of waste from the vehicles. Pickup trucks shall not be permitted to transport solid waste under any circumstance. The Township shall have authority to inspect the vehicles used for the transport of solid waste, as it deems necessary. A sticker for each registered vehicle shall be provided by the Township and displayed on both sides of the vehicle. The name and/or company logo of the owner of the vehicle shall also be displayed on both sides of the vehicle.

Disposal of municipal waste. All municipal waste produced, collected, and transported from within the jurisdictional limits of the Township shall be disposed of at a landfill or other disposal facility licensed or permitted by the Commonwealth of Pennsylvania Department of Environmental Protection or other state government. However, the Township reserves the right to designate a state-permitted facility of its choice and require that all municipal waste generated in the Township be disposed of at this designated facility. If the Township designates a disposal facility as provided for above, all authorized collectors or collectors operating under contract with the Township for collection of municipal waste shall be informed by the Township of the location, regulations and other information pertaining to the designated disposal facility. The Township reserves the right to make inspections of authorized collectors to insure that waste generated-within the Township is being disposed of in an authorized or designated facility and to limit the use of a designated facility only to waste generated within the Township. Any authorized collector found to be in violation of this section shall be prohibited from collecting or hauling municipal waste in the Township.

Unlawful deposition of municipal waste. It shall be unlawful for any person to deposit for collection any solid waste including bulky items not generated at the address from which collection is made or to bring any solid waste into the Township or from one address to another in the Township for the purpose of taking advantage of the collection service or to avoid the cost of collection.

Construction and demolition waste. All waste materials resulting from the building, structural alteration, repair, construction, or demolition of buildings or structures shall be disposed of as permitted by the regulations of the State Department of Environmental Protection or by pertinent ordinances or regulations of the Township. It shall be the responsibility of the property owner to ensure the disposal of such waste in accordance with applicable laws and regulations.

Exclusions.

Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal waste from hauling his own municipal waste on an irregular or unscheduled basis to a state permitted disposal facility or to the disposal facility as designated by the Township in accordance with the regulations of the disposal facility.

Nothing contained herein shall prohibit a farmer from carrying out normal farming operations, including composting or the spreading of manure or other farm-produced agricultural waste, not otherwise prohibited or regulated for land application.

§ 219-22 Delegation of program responsibilities by Township.

The provisions of this article do not apply to anything but the storage, collection, transportation, and disposal of municipal waste and do not apply; therefore, to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act and its amendments. All hazardous or residual waste must be disposed of in compliance with applicable state and federal laws and regulations.

Nothing in this article shall prohibit the Township from assigning a portion or all of its responsibilities under Act 101 and this article to another entity. Such assignment of responsibility will be accomplished in accordance with Section 304(c) of Act 101[1] and would require the Township to enter into a written agreement with the entity accepting such responsibilities. However, under no circumstances will the Township relinquish its right to select the methodology for conducting recycling, municipal waste collector subscription service to individual customers, franchising or bidding of municipal waste collector services on a partial or community-wide basis, or municipal waste collector services provided by a municipality.

§ 219-23 Designation of recyclable materials.

Editor's Note: See 53 P.S. § 4000.304(c).

Every resident of the Township shall be required to separate, at a minimum, newspaper, aluminum, clear glass, colored glass, bimetal cans and plastic products identified with either a No. 1 or a No. 2 for recycling. Commercial, municipal and institutional establishments shall be required to separate, at a minimum, high-grade office paper and corrugated paper from municipal waste in addition to aluminum. The Township may require that residents and commercial, municipal and institutional establishments separate other recyclable materials by regulations established by resolution of the Board of Supervisors.

Every person or entity must separate household hazardous waste and leaf waste from the recyclable materials and other municipal waste. It is the responsibility of a person or entity to dispose of household hazardous waste in accordance with applicable law. Provisions for the collection or use of leaf waste shall be the responsibility of the municipal waste collectors as more fully set forth in § 219-28.

All occupants of single-family homes, townhomes, rowhouse-type residences and all other dwellings where individual municipal waste collection occurs shall maintain a separate container of the type specified or provided by the Township or municipal waste collector to collect all designated recyclable materials in a commingled or modified commingled (e.g., different materials separated into brown paper bags and placed in the container) fashion, as established by the municipal waste collector. No municipal waste or recyclable material container shall be placed at the curb or in the front yard of any resident's property except during the period beginning at 12:00 noon on the day prior to the day of scheduled collection, and the empty container shall be removed by 12:00 midnight on the day of scheduled collection. Newspapers may also be placed in brown paper, grocery store bags or bundled and tied, both across and lengthwise, with rope or cord and kept dry prior to collection, and placed at curbside with the recycling container. Municipal waste placed at the curb or street line for collection must be in closed, waterproof containers.

Owners or landlords of any multifamily residential units, such as apartments or condominiums where individual residential refuse collection does not occur, shall be responsible for providing suitable containers or dumpsters for recyclable materials. Such containers or dumpsters shall be provided through arrangements with a municipal waste collector, and source-separated or commingled recyclable material containers or dumpsters may be utilized. The containers or dumpsters must be provided at easily accessible locations, and written instructions must be provided to the occupants concerning the use and availability of such containers or dumpsters. Owners or landlords of multifamily residential units who comply with the requirements of this section shall not be liable for the noncompliance of any person or entity occupying their buildings as such noncompliance relates to separation of materials. All tenants or lessees of multifamily residential units shall be responsible for separating recyclable materials and placing them in the containers or dumpsters provided for such purposes.

Owners or landlords of any institutional, commercial, business or industrial establishment shall be required to meet the same requirements in § 219-23D hereof unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property. Such assignment may only occur, however, where a single tenant occupies the entire lease or rented property.

§ 219-24 Collection of recyclable materials.

The municipal waste collector shall, in providing refuse collection and disposal services to a single-family residential home, also provide for the collection of recyclable materials. Where once or twice a week municipal waste collection is provided, the municipal waste collector must provide at least once a week recyclable material collection. Customers using once a month municipal waste collection must have recyclable materials collected at least once a month. Where a customer's designated day for the collection of recyclable materials falls on a holiday, the municipal waste collector shall collect recyclable materials on another day and shall notify those customers affected of that change. On January 30 of each year, the municipal waste collector shall provide proof to the Township that the collection of recyclable materials by it can be undertaken in accordance with the requirements of this article.

The collection of recyclable materials for all establishments, other than single-family residential homes, shall be on an as-required basis.

No municipal waste collector shall be permitted to allow recycling containers or dumpsters to fill beyond capacity and shall schedule the frequency of such collection accordingly.

§ 219-25 Processing and marketing of recyclable materials.

The municipal waste collector shall be responsible for the processing and marketing of the recyclable materials. Such activities may be conducted by the municipal waste collector or any agent thereof or a private entity conducting such business, a nonprofit entity able to undertake such effort or any governmentally owned or operated facility capable of such functions.

The municipal waste collector shall, prior to initiating processing and marketing activities, provide the Township with a summary of its proposed efforts, including the location of the facility(ies) to which the recyclable materials will be delivered, to the maximum extent possible. Any such facility(ies) shall be appropriately licensed and permitted. Updates shall be provided as changes are made.

The municipal waste collector shall, as part of its recording activities, provide a detailed listing of where the recyclable materials are sold or deposited and the weighs of each of the recyclable materials so delivered. The municipal waste collector shall, upon request, provide the Township with copies of applicable licenses or permits of the ultimate facility(ies) to which the recyclable materials will be delivered.

§ 219-26 Ownership of recyclable materials and municipal waste.

All recyclable materials and municipal waste placed at curbside for collection or in any container or dumpster designated for recyclable materials shall become the property of the municipal waste collector providing the service, except as outlined in § 219-27.

It shall be a violation of this article for any person or entity, other than the municipal waste collector providing the service, to collect or remove any of the recyclable materials from their designated collection location, except as outlined in § 219-27. Each unauthorized collection from one or more designated locations on one calendar day in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 219-27 Alternate recycling activities.

Recyclable materials may be donated or sold to any person or entity, whether operating for profit or not, provided that the recycler shall not utilize alternate recycling methods without prior written permission from the Township. Such materials must be delivered to the alternate recycling site or arrangements made with the alternate collector to pick up the recyclable materials at a time that will not interfere with the operations of the municipal waste collector. Each person or entity accepting recycled materials under this section must provide quarterly written documentation to the Township of the total quantity of each material recycled.

The Township shall permit an alternative recycling program to be developed in accordance with Section 1501(h) of Act 101[1] if the requirements of that section can be complied with. The Township shall, before implementation of the program, review and approve the program. The municipal waste collector conducting the program must provide quarterly written documentation to the Township of the total quantity of each material recycled.

§ 219-30 Enforcement; violations of penalties.

Editor's Note: See 53 P.S. § 4000.1501(h).

§ 219-28 Handling of leaf waste.

The Township hereby authorizes establishment of a program for curbside collection of leaf waste at least once during the spring and at least once during the fall of each year. In the event leaf waste is not collected curbside at least once a month, the leaf waste program shall be augmented by designation of a dropoff compost facility for haulers and residents to utilize which must be open at least once per month for leaf waste which is generated between scheduled collections.

Leaf waste collection shall be conducted by the Township or private municipal waste collector in accordance with regulations of DEP. All leaf waste shall be disposed of in a DEP-permitted compost facility in accordance with all applicable state guidelines.

All private municipal waste collectors shall provide the Township with the name and address of the facility(ies) where the leaf waste will be disposed and report the quantity in tons or cubic yards. Leaf waste shall not be commingled with any other municipal solid waste. The disposal of leaf waste at a sanitary landfill, waste-to-energy facility or any other noncomposting facility is strictly prohibited.

The methodology for separating and collecting leaf waste shall be established by the Township and implemented by the Township and communicated to participating private municipal waste collectors. The leaf waste collection guidelines set forth in this section are intended to be general in nature. The actual leaf waste collection and education program shall be established in more detail by the Township and is subject to modification as needed from time to time, provided any modifications to the program comply with this section and the most recent regulations of DEP.

Leaf waste shall not be left at curbside more than 24 hours prior to collection and shall not be left in a form which obstructs the flow of traffic or affects the performance of drainage facilities or catch basins.

§ 219-29 Recordkeeping.

All municipal waste collectors shall keep records of the quantities of recyclable materials collected in the Township. The records shall include the weight of the total quantities of municipal waste and an estimate of the corresponding volume of material for both recyclable materials and municipal waste. Estimates of the individual components comprising the commingled recyclable materials shall also be provided. Written reports shall be provided to the Township on reporting forms provided by the Township and shall include the name and location of the processing center and/or recyclable materials dealer and the weights of each of the recyclable materials delivered to such center and/or dealer and shall be submitted in accordance with the time schedules established in this article.

Leaf waste quantities shall be recorded by the municipal waste collector collecting such materials. Such quantities may be in the form of estimates on either a cubic yard or tonnage basis collected, and written documentation of the total quantity of leaf waste collected must be provided to the Township by January 31 of each year for materials collected in the preceding calendar year.

Except as noted in § 219-27A and B and Subsection B hereof, all records shall be provided to the Township on a quarterly basis in typewritten tabular form and shall be due within 30 days after the end of each calendar quarter.

No municipal waste collector shall knowingly collect municipal waste which contains recyclable materials or leaf waste. The municipal waste collector shall provide a person or entity violating the provisions contained herein regarding the separation of recyclable materials with written notice for the first offense and also provide the Township with the same written notice. Any municipal waste collector who shall knowingly violate the provisions of this section and collect municipal waste containing recyclable materials or leaf waste from a person or entity who has previously been notified by the Township and/or municipal waste collector of noncompliance shall receive an official warning for the first offense. The municipal waste collector shall, for subsequent offenses within a two-year period of the warning, be liable to a civil fine in accordance with regulations established by the Board of Supervisors of the Township by resolution.

Any person or entity who shall violate the provisions outlined herein regarding the unauthorized collection of recyclable materials shall be liable for payments of a civil fine in accordance with regulations established by the Board of Supervisors of the Township by resolution.

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 Township for the first offense. Thereafter, all such violators of the provisions of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Each violation for each separate day and each violation of any provision or unlawful conduct shall constitute a separate offense.

§ 219-31 Interpretation.

This article shall be construed under the laws of the commonwealth.

§ 219-32 Modifications.

The Township may, from time to time, modify the regulations it adopted in accordance with this article or make modifications to this article by resolution duly adopted by the Board of Supervisors.

§ 219-33 Implementation by waste collectors.

Municipal waste collectors shall take the necessary steps to implement the collection of recyclable materials upon the effective date of this article.

§ 219-34 Permit required for commercial trash and recycling service providers.

[Added 9-21-2015 by Ord. No. 2015-04]

Permit required. No person or municipal waste collector shall engage in commercial trash and recycling services in the Township without first having obtained a permit as herein provided.

Application for permit. Every municipal waste collector desiring to engage in commercial trash and recycling services in the Township which shall include roll off containers for commercial and residential services shall first make application for a permit to the Township Secretary by completing a permit application which will be made available upon request in person or by writing to the Township Secretary. Said permit application shall be verified by oath or affirmation. If also required, to obtain a license from any county or state agency, the applicant shall exhibit satisfactory proof of such valid license with its application.

Permit fee. No permit shall be issued under this article until the fee established by resolution of the Board of Supervisors is paid to the Township Secretary. All such fees may be placed in the Township's general fund.

Term of permit. The permit granted pursuant to this section shall only be valid until December 21 of the year in which it is issued. If applicant desires to continue or renew its permit, applicant shall file a new application and pay the annual permit fee. Such permits may be issued in advance, for a period not to exceed December 31 of the year following the year issued.

No transfer of permit. No permit issued hereunder may be transferred to any other person or municipal waste collector.

Reports required. On or before January 21, all commercial trash and recycling service providers who have received a permit shall submit an original report to the Township Secretary with a copy to the Township Solid Waste and Recycling Coordinator. Said report shall contain accurate weight receipts for all waste and for each recyclable material collected from each customer served in the Township for the preceding year.

Grounds for suspension or revocation of permit. Any permit issued under this § 219-34 may be suspended or revoked for good cause by the Township. Good cause for termination or revocation of a permit shall include, but is not limited to:

Falsification on the permit application;

Substandard service; or