[Adopted 6-11-1990 by Ord.
No. 208]
The short title of this article shall be the "Township of Richland Recycling
Ordinance."
The following words and phrases, when used in this article or in regulations
hereafter promulgated hereunder, shall have the meanings given to them in
this section unless the context clearly indicates otherwise:
Empty all-aluminum beverage and food containers.
Empty food and beverage containers consisting of a steel (ferrous)
cylinder and bottom and an aluminum top.
The sole proprietorship, partnership or corporation with which Richland
Township contracts to undertake curbside recycling collection.
Any establishment engaged in nonmanufacturing or nonprocessing business,
including but not limited to stores, markets, office buildings, restaurants,
shopping centers and theaters.
[1]The commonwealth and its departments, boards, commissions and agencies,
commonwealth-owned universities, and the State Public School Building Authority,
the State Highway and Bridge Authority and any other authority now in existence
or hereafter created or organized by the commonwealth.
Paper or pasteboard contracted into parallel grooves and ridges,
commonly referred to as "cardboard," which is used for wrapping, packing,
shipping and/or storage.
The incineration, deposition, injection, dumping, spilling, leaking
or placing of solid waste into or on the land or water in a manner that the
solid waste or a constituent of the solid waste enters the environment, is
emitted into the air or is discharged to the waters of the Commonwealth of
Pennsylvania.
[2]All empty bottles and jars made of clear, green or brown glass, and
shall not include noncontainer glass, plate glass, blue glass and porcelain
and ceramic products, light bulbs and fluorescent tubes.
Those facilities used or occupied by commonwealth or local public
agencies.
Printed or unprinted sheets, shavings and cuttings of sulphite or
sulphate ledger, bond, writing and other pages which have similar fiber and
filler content. This grade must be free of treated, coated, padded or heavily
printed stock. This includes lightweight office papers, i.e., bond, Xerox
paper and onionskin, as well as computer paper.
Any establishment engaged in service, including but not limited to
hospitals, nursing homes, orphanages, schools and universities.
[3]Leaves, garden residues, shrubbery and tree trimmings, and similar
material, but not including grass clippings.
Counties, cities, boroughs, towns, townships and school districts now
in existence or hereafter created or organized by the commonwealth.
All municipal or school or other authorities now in existence or hereafter
created or organized by any county, city, borough, township or school district
or any combination thereof.
Any and all other public bodies, authorities, councils of government,
officers, agencies or instrumentalities of the foregoing, whether exercising
a governmental or proprietary function.
A multiple-family dwelling of more than three stories. A multiple-family
dwelling is a group of dwellings on one plot or lot containing separate living
units or dwelling units for three or more families, but which may have joint
services or facilities, or both.
The Township of Richland, Cambria County, Pennsylvania.
Any garbage, refuse, industrial lunchroom or office waste and other
material, including solid, liquid, semisolid or contained gaseous material,
resulting from operation of residential, municipal, commercial or institutional
establishments and from community activities, and any sludge not meeting the
definition of residual or hazardous waste in the Solid Waste Management Act[4] 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.
Paper of the type commonly referred to as "newsprint" and distributed
at fixed intervals, having printed thereon news and other matters of public
interest, but not including glossy advertising inserts typically included
with newspapers, nor does "newspaper" include magazines or periodicals.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or agency,
state institution and agency, or any other legal entity which is recognized
by law as the subject of rights and duties. In any provisions of this article
prescribing a fine, imprisonment or penalty, or any combination of the foregoing,
the term "person" shall include the officers and directors of any corporation
or other legal entity having officers and directors. Family members or two
or more unrelated persons living in a residential family unit shall collectively
be defined as a person.
[5]Clear glass, colored glass, aluminum, bimetal and tin cans, plastic,
high-grade office paper and corrugated paper, newspaper, plastic and such
other materials, if any, as specified from time to time by the Board of Supervisors
to be recycled. These materials are specified in the recycling regulations
and may be revised from time to time as deemed necessary by the Board of Supervisors.
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.
Rules and regulations promulgated by the Board of Supervisors pursuant
to this article.
Any waste, including but not limited to municipal, residual or hazardous
wastes, including solid, liquid, semisolid or contained gaseous material.
[6]Materials that are separated from municipal waste at the point of
origin for the purpose of recycling.
Empty all-steel beverage and food containers.
[4]
Editor's Note: See 35 P.S. § 6018.101 et seq.
There is hereby established a program for the mandatory source-separation
and collection of certain recyclable materials by all persons within the Township
of Richland.
A.
All persons shall separate from other municipal waste generated at their homes, apartments and other residential establishments, except as provided for in Subsection C, and store until collection, the recyclable materials and such other materials, if any, as specified from time to time by the Board of Supervisors in the township recycling regulations.
B.
All persons shall separate leaf waste from other municipal
waste generated at their homes, apartments and other residential establishments,
and store until collection, unless those persons have otherwise provided for
the composting of leaf waste. An owner, landlord or agent of an owner or landlord
of multifamily rental housing properties with four or more units may comply
with its responsibilities under this section by establishing a collection
system for recyclable materials at each property, which collection system
must include suitable containers for collecting and sorting materials, easily
accessible locations for the containers and written instructions to the occupants
concerning the use and availability of the collection system. Only those owners,
landlords and agents of owners or landlords who establish such a collection
system shall not be liable for the noncompliance of occupants of their buildings.
C.
All persons shall separate from other municipal waste
the recyclable materials and such other materials, if any, as specified from
time to time by the Board of Supervisors in the township recycling regulations
and generated at commercial, governmental or institutional establishments
and from community activities, and store such materials until collection.
Persons occupying commercial, governmental and institutional establishments
within the Township of Richland shall be exempt from the requirements of this
article or regulations only if those persons shall have otherwise provided
for the recycling of such materials and shall, by December 31 of each calendar
year, provide written documentation to the Board of Supervisors for the total
number of tons recycled.
All recyclable materials shall be placed at the curbside or a similar
location, separated from solid waste, for collection at such times and dates
as shall be specified from time to time by the Board of Supervisors in the
township recycling regulations.
Upon the placement of recyclable materials for collection at the curbside
or a similar location, pursuant to this article, such materials shall become
the property of Richland Township. It shall be a violation of this article
for any person or persons, unauthorized by Richland Township, to collect or
pick up or cause to be collected or picked up any such recyclable materials.
Each and every such collection or pickup from one or more locations shall
constitute a separate and distinct offense punishable as hereinafter provided.
The municipality or any other person collecting solid waste generated
within the municipality may refuse to collect solid waste from any person
who has clearly failed to source-separate recyclables designated under an
applicable section of this article.
A.
The officials of Richland Township are authorized and
directed to enforce this article and to establish and promulgate reasonable
rules and regulations as to the manner, days and times for the collection
of recyclable materials in accordance with the terms hereof and as to any
other matters required or deemed appropriate to implement this article. Richland
Township may change, modify, repeal, amend or supplement any portion of said
rules and regulations at any time or from time to time by resolution.
B.
In addition to any other remedy provided in this article,
when unlawful conduct as defined in this article exists, the municipality
may institute a suit in equity for an injunction to restrain such violation
of this article and such remedy shall be in addition to the penalties provided
for below.
Any person who violates or permits a violation of this article shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the township before a District Justice, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred by the
township in the enforcement of this article. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
Richland Township may enter into an agreement or agreements with public
or private agencies or persons to authorize them to collect municipal waste
and all or part of the recyclable materials from curbside or similar locations.
Any person may donate or sell recyclable materials only to persons or
organizations, if any, designated by the Board of Supervisors in the township
recycling regulations. Such materials must either be delivered to the person's
or organization's site, or they may be placed at the curbside or similar location
for collection by such persons or organizations on days not designated as
recyclable material collection days by the municipality. Such persons or organizations
shall not collect recyclable materials on or immediately preceding (within
24 hours) a regularly scheduled curbside collection day.
It is prohibited, and will be deemed a violation hereof, for any owner,
lessee or occupant of any residential, commercial or institutional property
in Richland Township to put into or cause to be put into the solid waste collection
system of Richland Township any leaf waste.
Richland Township is hereby authorized to join with other municipalities
in a cooperative effort to carry out the intent of the Municipal Waste Planning,
Recycling and Waste Reduction Act, Act of July 28, 1988, (P.L. 556. No. 101),
53 P.S. § 4000.101 et seq.
