There hereby is established a program for the mandatory source-separation and collection of recyclable materials, yard waste, and/or leaf waste within Upper Pottsgrove Township, Montgomery County, Pennsylvania. No person shall dispose of municipal waste, recyclable materials, leaf waste, and/or yard waste within Upper Pottsgrove Township except in accordance with this article. The use of a municipal waste collector will not relieve any person from compliance with this article.
All persons occupying commercial, institutional and municipal establishments within Upper Pottsgrove Township shall separate high-grade office paper, corrugated paper, and all recyclable materials, and such other materials as may be changed from time to time by resolution of the Board of Commissioners of Upper Pottsgrove Township, generated at such establishment and from community activities, store the materials until collection by a municipal waste collector, and annually provide written documentation and certification to Upper Pottsgrove Township of the total volume of materials and the type for materials recycled. Such persons may comply with the reporting requirements hereunder by requiring their municipal waste collector to provide said documentation and certification directly to the Township.
Nothing in this article or any regulation promulgated pursuant hereto shall be deemed to impair the ownership of separated material by the persons who generated them unless and until separate materials are placed at curbside or similar location for collection by a municipal waste collector.
From the time of placement of the recyclable materials at the curb or other designated place for collection by a municipal waste collector pursuant to the provisions of this article and any rules and regulations adopted hereunder, the recyclable materials shall become and be the property of the municipal waste collector. It shall be a violation of this article for any person not duly authorized by Upper Pottsgrove Township to collect or pick up or cause to be collected or picked up any recyclable materials placed at the curb or other designated place for collection by a municipal waste collector pursuant to the provisions of this article. Any and each such unauthorized collection in violation hereof from one or more residence shall constitute a separate and distinct offense punishable as hereinafter provided in this chapter.
The collection of municipal waste and recyclable materials by municipal waste collectors, and the preparation and collection of municipal waste and recyclable materials by property owners and residents of the Township, shall be made in compliance with the regulations to be adopted by the Board of Commissioners of Upper Pottsgrove Township to carry out the intent and purpose of this chapter. Such additional rules and regulations shall be approved by resolution of the Board of Commissioners and, when so approved, shall have the same force and effect as the provisions of this chapter. The said rules and regulations may be amended, modified or repealed by resolution of the Board of Commissioners.
The terms and provisions of this article are to be liberally construed, so as to best achieve and effectuate the goals and purposes hereof. This article shall be construed in pari materia with the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.; 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.; and the rules and regulations adopted thereunder.