[Adopted 9-25-1991 by Ord. No. 164]
This article shall be known as the "Municipal Waste Collection and Recycling
Ordinance."
As used in this article, the following terms shall have the meaning
indicated:
The Solid Waste Management Act of 1980.[1]
The Municipal Waste Planning, Recycling and Waste Reduction Act of
1988.[2]
Empty, all-aluminum beverage and food containers, commonly known
as "aluminum cans."
The Waste System Authority of Western Montgomery County, Pennsylvania,
duly formed by resolution of the Montgomery County Board of Commissioners
consisting of representatives from the following member municipalities: Upper
Hanover Township, East Greenville Borough, Pennsburg Borough, Red Hill Borough,
Marlborough Township, Salford Township, Upper Salford Township, Lower Frederick
Township, Schwenksville Borough, Skippack Township, Perkiomen Township, Trappe
Borough, Collegeville Borough, Lower Providence Township, Upper Providence
Township, Royersford Borough, Limerick Township, Lower Pottsgrove Township,
Pottstown Borough, West Pottsgrove Township, Upper Pottsgrove Township, New
Hanover Township, Douglass Township, Green Lane Borough and Upper Frederick
Township.
Empty food or beverage containers constructed of a mixture of ferrous
metal, usually tin or steel, and nonferrous metal, usually aluminum.
Any large white appliances such as refrigerators, washing machines,
window air conditioners, hot water heaters, dishwashers, and any other major
home appliances in addition to other large bulk items such as dressers, beds,
mattresses, sofas, television sets and other large household items. All terms
not separately defined in this article that are contained in Act 97 and Act
101 are incorporated herein by reference.
Paper products made of a stiff, moderately thick paper board, usually
containing folds or alternating ridges, commonly known as "cardboard."
The Pennsylvania Department of Environmental Protection.
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.
The material bagged or raked during or after cutting of a lawn, field
or similar grassed area.
All types of white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
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.
Leaves, garden residues, shrubbery and tree trimmings and similar
material, but does not include grass clippings.
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.
All types of paper combinations such as colored paper, carbonless
forms, ledger paper, colored paper envelopes, mixtures of high-grade office
paper, and the like.
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.
Any collector, remover, transportation and/or hauler of municipal
waste and/or recyclable materials in Skippack Township licensed pursuant to
this article and 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 Montgomery County or other
municipalities.
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.
Any individual, firm, partnership, corporation, business, association,
institution, cooperative enterprise, trust, municipality, municipal authority,
federal institution or agency, state institution or agency (including, but
not limited to, the Department of General Services and the Public School Building
Authority), other governmental agency, 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.
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.
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.
Legal owner, occupant or lessee of a single-family residential unit
in Skippack Township that has curbside collection of municipal wastes or of
any other type of multifamily residential unit, including but not limited
to townhomes, duplexes, condominiums and apartments, whose multifamily unit
has curbside recycling of municipal waste. Also classified as resident will
be any business professional who operates a permitted home occupation from
his/her personal residence.
Residents of a multifamily residential unit where provision is made
to collect and dispose of waste through collective dumpsters.
Legal owner, occupant or lessee of a commercial, industrial or cooperative
enterprise, firm, partnership, corporation, association, institution, trust,
governmental entity that engages in any form of business or governmental activity
which does not have curbside collection of municipal waste.
Any individual or organizational owner who rents and/or leases residential
units, commercial space or industrial complexes. Landlords own the properties
in question and deal directly with their tenants or lessees.
Any individual or organization who assumes the owner's responsibility
in renting and/or leasing residential units, commercial space or industrial
complexes. Agents do not own the properties in question and deal directly
with tenants or lessees on behalf of the owner(s).
The Township of Skippack.
A.
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 article to promote, require and regulate recycling activities
in the Township and to protect the health, safety and welfare of residents.
B.
This article has been developed to meet and implement
municipal responsibilities established under Act 101.
C.
The Township's adoption of this article 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, 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.
[1]
Editor's Note: See 53 P.S. § 4000.304(c).
A.
Licensing of the municipal waste collectors for recycling
activities will be undertaken by the Township in conjunction with municipal
waste collection and disposal licensing activities.
B.
In accordance with the responsibilities in this article,
the Township is authorized to establish rules and regulations by resolution
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 residents, non-curbside
residents and businesses and collected by the municipal waste collector(s).
The Township may modify the list of recyclable materials to be separated by
residents, non-curbside residents, and businesses and collected by the municipal
waste collector(s) by means of resolution.
C.
The Township in conjunction with the municipal waste
collectors shall be responsible for establishing an education program and
together shall conduct and maintain a comprehensive public information program
as follows:
(1)
The Township shall include articles and information on
recycling requirements and activities within regular newsletters or mailings
to residents and businesses in the community.
(2)
The Township shall, at least 30 days prior to the start
of the recycling program and at least every six months thereafter, place advertisements
in newspapers of general circulation serving the Township of Skippack outlining
the requirements of this article and providing information relative to the
recycling program operation.
(3)
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.
D.
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. The municipal waste
collectors shall be responsible for obtaining all weight and volume quantity
data for leaf and yard waste and shall supply the data to the Township in
accordance with the guidelines in this section.
[Amended 6-22-2006 by Ord. No. 301]
E.
The Township shall be responsible for the bulk ordering
and purchasing of recycling containers for residents for no longer than 18
months after this article is in effect. One approved recycling container shall
be provided for each residential unit in Skippack Township. Any resident may
purchase an additional recycling container from the Township in accordance
with the fee schedule established by the Skippack Township Board of Supervisors
through resolution.
F.
Each person or entity in Skippack 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 non-owned property.
G.
Each municipal waste collector shall be responsible for
complying with the requirements of this article for the collection, processing
and marketing of recyclable materials.
H.
Owners, landlords or rental agents of any leased or rented
property, other than single-family type homes or single-tenant-occupied property,
shall be responsible for notifying tenants with 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).
I.
Multifamily residences. The residents of multifamily
residential properties acting by and through a duly constituted homeowners'
association shall comply with their responsibilities under this article by
establishing a collection system for recyclable materials at each property
and pick up by a municipal waste collector. A collection system must include
suitable containers for collecting and sorting materials, easily accessible
locations for the containers, and written instructions to the occupants or
residents concerning the use and availability of the collection system. In
addition, homeowners' associations shall annually provide written documentation
and certification to Skippack Township of the total volume of materials and
the types of materials recycled. Homeowners' associations may comply
with the reporting requirements hereunder by requiring their municipal waste
collector to provide said documentation and certification directly to the
Township. Owners, landlords and agent of owners or landlords who comply with
this article under this subsection shall not be liable for the noncompliance
of occupants of their building.
J.
In accordance with Section 1501(c)(1)(iii) of Act 101,[1] 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 and any subsequent resolutions. 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 date shall be supplied to the Township
by January 15 for the preceding year. Exemptions shall be handled administratively.
Examples of permitted exemptions are:
(1)
Commercial establishments that reuse recyclable materials
as part of their manufacturing or processing operations shall be exempted
from recycling those items being reused.
(2)
Commercial, institutional or municipal establishments
that have on-site captive commercial disposal facilities used for the exclusive
disposal of municipal waste generated at the establishment shall be exempted
from recycling those items used in stated facility.
[1]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).
A.
It shall be unlawful for any municipal waste collector
to collect and transport municipal waste or recyclable material within Skippack
Township without a license from Skippack Township.
B.
All municipal waste collectors shall obtain a license
therefor by application to the Board of Supervisors. Said municipal waste
collector may collect or transport such municipal waste or recyclable materials
within the Township from the date of issuance of the license until January
31 of the next calendar year. Each licensee must renew the license no later
than January 31 of each calendar year. Any municipal waste collector to whom
a license is so issued shall have the privilege of collecting and transporting
any municipal waste or recyclable materials picked up within the boundaries
of Skippack Township, which licensee shall not be transferable.
(1)
At the time of application, the municipal waste collector
shall provide the following information on a form prepared by the Township:
(a)
The name of the municipal waste collector, business address
and telephone number of the business office to receive calls from persons
in the Township who receive collection service.
(b)
The name, address and telephone number of the person
having the largest ownership interest in the municipal waste collector.
(c)
The name, address and telephone number of the officers
of the corporation or general partners of the partnership, if applicable.
(d)
The make, year, model and registration number of each
truck or vehicle which is used in Skippack Township to haul, carry, transport
or collect municipal waste or recyclable materials.
(e)
A certificate of the applicant's workmen's
compensation insurance as required by law.
(f)
The approved disposal site where municipal waste will
be taken.
(g)
The processing and/or marketing facility where the recyclable
materials will be taken.
(h)
Such other information as the Township shall deem appropriate
and necessary.
(2)
At the time of application, the municipal waste collector
shall pay to the Township a sum as provided for in the schedule of fees as
adopted by resolution of the Board of Supervisors.
(3)
As a condition to issuance and continued effectiveness
of any license, the municipal waste collector shall establish a program for
the collection and transportation of recyclable materials which shall comply
with this article.
(4)
No person or entity shall be entitled to be licensed
with the Township as a municipal waste collector unless such person or entity
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 from time to time be
set forth by the Board of Supervisors of Skippack Township by regulations
established by a resolution. Each and every policy of insurance herein mentioned
which is required pursuant to the terms of this article shall carry with it
an endorsement to the effect that the insurance carrier will transmit to the
Township, by certified mail, written notice of any modifications, alterations
or cancellations of any policy or policies or the terms thereof. The above-mentioned
written notice shall be mailed to the Township at least 10 days prior to the
effective date of any such modification, alteration or cancellation. Failure
to maintain required insurance coverage shall result in cancellation or forfeiture
of the collector's license.
(5)
Each municipal waste collector shall, on the first day
of each calendar quarter, file a rate schedule with the Township showing the
rates to be charged to its customers for the collection of municipal waste
and recyclable materials. Such rate schedule 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 file a map with the Township on the first day of each calendar year,
or upon changes of its routes, showing the areas of the Township in which
it operates and a timetable setting forth the days of collection. (Collections
of municipal waste and recyclable materials by municipal waste collectors
shall take place weekly, preferably on the same day for both waste and recyclables.)
(6)
At the time of such registration, the municipal waste
collector shall pay the Township a registration fee and a truck fee for each
transportation vehicle that will be used in the Township to collect municipal
waste or recyclable materials, which sum shall be used to offset the administrative
and regulatory costs to the Township concerning municipal waste collection
and recycling. The registration fee and the truck fee shall be set by resolution
of the Montgomery Township Board of Supervisors from time to time.
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.
[1]
Editor's Note: See 53 P.S. § 4000.304(c).
A.
Every resident of the Township shall be required to separate,
at a minimum, newspaper, aluminum and clear glass for recycling. However,
this designation may be changed by resolution. 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 and
clear glass. The Township may require that residents and commercial, municipal
and institutional establishments separate other recyclable materials by regulations
established by the Board of Supervisors of Skippack Township by a resolution.
B.
Every person or entity must separate household hazardous waste from the recyclable materials. 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. All occupants of single-family homes, including townhouse- or rowhouse-type residences where individual municipal waste collection occurs, shall maintain a separate container of the type specified or provided by the Township to collect all designated recyclable materials in a commingled or modified commingled (e.g., different materials separated into 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 6:00 p.m. on the evening prior to the day of scheduled collection, and the empty container shall be removed by 12:00 midnight on the day of scheduled collection. The time for placing and removing containers may be changed by resolution. Newspapers may also be placed in paper bags (no plastic 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. No such municipal waste containers or recyclable material containers, including bundles of newspapers (other than containers supplied by municipal waste collectors), shall weigh more than 50 pounds, and containers or bundles shall not be placed in the cartway. Municipal waste placed at the curbline or streetline for collection must be in closed, waterproof containers, as required by Chapter 114, Littering.
C.
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 be liable for the noncompliance of any persons 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.
D.
Owners or landlords of any institutional, commercial, business or industrial establishment shall be required to meet the same requirements outlined in § 159-25, unless exempted under § 159-22J of this article, or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property.
A.
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. The municipal waste collector shall, prior
to being licensed for municipal waste collection each year, provide proof
to the Township that the collection of recyclable materials by it can be undertaken
in accordance with the requirements of this article. This proof is to be in
the form of a written plan detailing how the municipal waste collector will
comply with this article.
B.
The collection of recyclable materials for all establishments,
other than single-family residential homes, shall be on an as-required basis.
C.
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.
D.
Each municipal waste collector shall issue warning notices
of violations on forms provided by the Township to residents failing to comply
with procedures for the separation, storage and collection of recyclable materials
and leaf waste, and provide a copy of any such warning to the Township.
E.
Leaf and yard waste. All residents of Skippack Township shall
separate leaf and yard waste from all municipal waste generated at their property.
When collection procedures have been scheduled by the municipal waste collector,
leaf and yard waste shall be placed in paper biodegradable bags provided by
the municipal waste collector. Any resident who otherwise provides for the
proper disposal of leaf and yard waste by composting or other method authorized
by Township ordinance shall not be required to comply with the provisions
of this subsection.
[Added 6-22-2006 by Ord. No. 301]
A.
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.
B.
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.
All such facilities shall be appropriately licensed and permitted. Updates
shall be provided as changes are made.
C.
The municipal waste collector shall, as part of its recording
activities, provide a detailed listing of where the recyclable materials are
sold or deposited. The municipal waste collector shall, upon request, and
at the time of registration, provide the Township with copies of applicable
licenses or permits of the ultimate facility(ies) to which the recyclable
materials will be delivered and proof of current Montgomery County license.
A.
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 § 159-29 of this article.
B.
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 § 159-29 of this article. 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.
A.
Any person or entity may utilize alternative methods,
other than collection by a municipal waste collector, to accomplish the purpose
of re-utilizing recyclable materials. 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 alternative recycling methods without
prior written permission from the Township. Such materials must be delivered
to the alternate recycling site or arrangement 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 or must provide
to the person or entity utilizing the alternative method a receipt for the
recyclable materials, said receipts shall include the quantity of materials
and these receipts must be submitted to the Township at least quarterly by
the person or entity utilizing alternative methods.
B.
The Township shall permit an alternate 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.
[1]
Editor's Note: See 53 P.S. § 4000.1501(h).
Leaf waste collection shall be undertaken by municipal waste collectors
in accordance with regulations of DEP, and leaf waste disposal shall be undertaken
by municipal waste collectors in a DEP-approved facility or DEP-approved manner.
A.
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 recyclable materials and
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 shall
be submitted in accordance with the time schedules established in this article.
B.
Except as noted in §§ 159-22J and 159-29A and B of this article, 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. The first report shall be due October 30, 1991, for the quarter ending September 1991. The Township shall provide the report forms.
A.
Any person or entity who shall violate the provisions
outlined herein regarding the separation of the recyclable materials, upon
being found liable therefor in a civil enforcement proceeding, shall 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 and/or Court. 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.
[Amended 8-26-1998 by Ord. No. 227]
B.
Any person who violates or permits a violation of this
article, upon being found liable therefor in a civil enforcement proceeding,
shall 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 and/or Court. 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.
[Amended 8-26-1998 by Ord. No. 227]
C.
No municipal waste collector shall knowingly collect
municipal waste which contains recyclable materials or hazardous 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 a municipal waste collector of noncompliance shall receive
an official warning for the first offense. The municipal waste collector,
for subsequent offenses within a two-year period of the warning, upon being
found liable therefor in a civil proceeding, shall 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 and/or Court. 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.
[Amended 8-26-1998 by Ord. No. 227]
D.
The enforcement provisions of this article shall be the
duty of the Skippack Township Building Inspector or his assistant.
This article shall be construed under the laws of the Commonwealth of
Pennsylvania.
The Township may from time to time modify the regulations adopted in
accordance with this article or make modifications to this article.
