[Adopted 10-28-2008 by Ord. No. 510]
The county will create a municipal waste authority to administer
the terms of the County Waste Flow Ordinance and to operate the county
system. This authority shall be recognized as having the power to
act in place of the county, to the extent determined by the county.
Any person who engages in unlawful conduct as defined in this
article shall, upon conviction thereof, in a summary proceeding before
a District Justice, be sentenced to pay a fine of not more than $1,000
and not less than $500 and, in default of payment thereof, may prescribe
imprisonment to the extent allowed by law for the punishment of summary
offenses.
Upon finding that any person has engaged in unlawful conduct
as defined in this article:
A. The municipal waste authority or the county may revoke any license issued to that person in accordance with §
165-3 of this article.
B. The municipal waste authority or the county may deny any subsequent application by that person for a license pursuant to §
165-3 hereof.
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 material with Act
97 and Act 101.
[Adopted 12-18-1989 by Ord. No. 282; amended
in its entirety 12-18-2007 by Ord. No. 502]
This article shall be known and may be cited
as the "East Norriton Township Municipal Waste Collection and Recycling
Ordinance."
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. The collection of recyclables from residences
and from commercial and institutional establishments in East Norriton
Township will serve the general public interest by reducing the volume
of municipal waste which must be disposed of, thereby reducing storage,
collection, transportation and disposal costs of municipal waste and
preserving valuable natural resources, and will result in a financial
benefit to the residents and taxpayers of East Norriton Township by
reason of costs avoided in collecting, transporting and disposing
of those materials which are diverted from the municipal waste stream
through recycling.
As used in this article, the following words
shall have the meanings indicated:
ALUMINUM
Empty, all-aluminum beverage containers.
CLEAR GLASS
Bottles and jars made of clear, colorless glass. Expressly
excluded are noncontainer glass, plate glass, colored glass, porcelain
and ceramic products.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial
purposes and multifamily dwelling units.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
INSTITUTIONAL ESTABLISHMENTS
Those establishments or facilities engaged in providing services
or housing to groups of people, including but not limited to hospitals,
nursing homes, schools and day-care centers.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
MULTIFAMILY DWELLING UNITS
Properties upon which there is an attached dwelling unit
having horizontal and/or vertical party walls in common with other
dwelling units.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by a municipality or other governmental
or quasi-governmental authority.
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 waste or hazardous
waste in the Solid Waste Management Act from a municipal, commercial
or institutional water supply treatment plant, wastewater treatment
plant or air pollution control facility. The term municipal waste
shall exclude source-separated recyclables.
MUNICIPAL WASTE COLLECTOR
Any person registered, pursuant to this article and the regulations
established by a resolution adopted hereunder and to any intermunicipal
agreement subsequently executed by East Norriton Township with Montgomery
County or other municipalities, to collect, remove, transport or haul
municipal waste from any property in East Norriton Township.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
advertisements and other matters of public interest.
PERSON
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 any group of
such persons whatsoever which is recognized by law as a 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 shall mean the officers and directors of any corporation
or other legal entity having officers and directors.
PLASTIC BOTTLES
Empty consumer product bottles made of polyethylene terephthalate
(PET) and high-density polyethylene (HDPE), such as soft drink bottles
and milk and bleach bottles. Excluded are plastic wraps and bags.
RECYCLABLE MATERIALS
Includes leaf waste and those materials required to be recycled
pursuant to the provisions of this article or other ordinances of
East Norriton Township or of regulations established by resolution
adopted hereunder as revised from time to time.
RECYCLABLE MATERIALS COLLECTOR
Any person registered, pursuant to this article and the regulations
established by a resolution adopted hereunder and to any intermunicipal
agreement subsequently executed by East Norriton Township with Montgomery
County or other municipalities, to collect, remove, transport or haul
recyclable materials from any property in East Norriton Township.
RECYCLING
The collection, separation, recovery and sale or reuse of
recyclable 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.
RESIDENT
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 any group of
such persons whatsoever which is recognized by law as a subject of
rights and duties which owns, leases or occupies a property located
in East Norriton Township used as a residence.
RESIDENTIAL ESTABLISHMENTS
Includes homes, properties which have three or less multifamily
dwelling units and other residential properties located within the
East Norriton Township. The term "residential establishments" shall
exclude multifamily establishments.
SOURCE-SEPARATED RECYCLABLES
Recyclable materials that are separated from municipal waste
at the point of origin for the purpose of recycling.
TOWNSHIP
East Norriton Township, Pennsylvania.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
The following provisions in this section apply
to the separation and collection of municipal waste and recyclable
materials at residential establishments throughout the Township.
A. Separation. All residents of residential establishments
shall separate recyclable materials from the municipal waste generated
at their property.
B. Collection. All municipal waste shall be collected
by a municipal waste collector. All source-separated recyclables shall
be collected by a recyclable materials collector. All source-separated
recyclables placed by the resident for collection by the recyclable
materials collector serving the resident pursuant to this article
and Township regulations shall, from the time of being placed at the
curb, become the property of the recyclable materials collector.
C. Prohibition. No person shall place municipal waste
in containers used for the separation and collection of recyclable
materials. No person shall place recyclable materials in containers
used for the separation and collection of municipal waste.
D. Placement of containers at curbside. The municipal
waste containers, recyclable materials containers, newspaper bundles
or leaf waste bundles shall not be placed at the curb or street line
of any resident's property except during the period from 6:00 p.m.
on the night prior to the scheduled collection, and the empty container
shall be removed by 12:00 midnight of the scheduled collection day.
E. Preparation of municipal waste and recyclables for
collection. All residents of residential establishments in East Norriton
Township shall place municipal waste at the curb or street line for
collection in closed, waterproof containers. All residents of the
Township shall place recyclable materials, with the exception of newspapers
and leaf waste, on the street line or curb for collection in containers
provided by the Township or recyclable materials collector for the
storage of recyclable materials. Newspapers must be bundled separately
in bags or secured by rope or twine. Leaf waste must be contained
in Kraft paper bags, bundles or trash cans approved by East Norriton
Township unless residents have otherwise provided for the composting
of leaf waste. No containers for municipal waste or recyclables shall
be filled to exceed 50 pounds, and bundles shall not exceed 50 pounds.
Residents shall place neither municipal waste nor recyclables in the
public streets.
F. Notice of violation. Any person who shall violate
the provisions of this section shall receive an official written notice
of noncompliance from the Township for the first and second offenses.
Thereafter, all such violations shall be subject to the penalties
hereinafter provided.
The following provisions apply to the separation
and collection of materials from commercial establishments, institutional
establishments, municipal establishments and multifamily establishments
throughout the Township:
A. Separation. All persons generating municipal waste
or recyclable materials at commercial establishments, institutional
establishments, municipal establishments and multifamily establishments
shall separate recyclable materials from the municipal waste generated
at their property. Owners of commercial establishments, institutional
establishments, municipal establishments and multifamily establishments
who comply with this section shall not be liable for the noncompliance
of occupants of their buildings.
B. Collection. All persons owning commercial establishments,
institutional establishments, municipal establishments, or multifamily
establishments in East Norriton Township shall be responsible for
providing a system for collection of municipal waste and recyclable
materials at their property. Such owners shall establish and maintain
a collection system that includes suitable containers for collecting
and sorting recyclable materials, easily accessible locations for
the containers and written instructions to the occupants concerning
the use and availability of the recyclable materials collection system.
This system should be developed with the assistance of their municipal
waste collector or recyclable materials collector.
C. Prohibition. No person shall mix municipal waste in
containers to be used for the separation and collection of recyclable
materials. No person shall mix recyclable materials in containers
used for the separation and collection of municipal waste.
D. Exemptions. The Township shall be notified by the
owner if either of the following two exemptions apply:
(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 establishments, institutional establishments
or municipal establishments that have on-site captive commercial disposal
facilities for the exclusive disposal of municipal waste generated
at the establishment shall be exempted from recycling those items
used in stated facility.
E. Storage outside of enclosed buildings.
(1) Commercial establishments, institutional establishments,
municipal establishments and multifamily establishments shall store
all municipal waste outside an enclosed building in watertight containers.
(2) Each commercial establishment, institutional establishment,
municipal establishment, and multifamily establishment within the
Township shall provide a paved area for the placement of municipal
waste and recyclable materials containers. If required by the Township,
an enclosure must be constructed around the containers to prevent
the spread of litter. This enclosure must meet the required setback
from the property line of the zoning district. The height of the enclosure
shall stand at least three feet above the top of the container, and
in no case shall an enclosure higher than 10 feet be required.
(3) Any waste other than municipal waste and recyclable
materials must be disposed of in accordance with all government regulations
applying to that waste.
F. Preparation for and frequency of collection of recyclable
materials. All persons owning commercial establishments, institutional
establishments, municipal establishments or multifamily establishment
shall separate recyclable materials from their municipal waste and
place them in containers to be collected by the recyclable materials
collector. The frequency of collection for recyclable materials shall
be a scheduled day, at least once per month.
G. Reporting requirements. All persons owning commercial
establishments, institutional establishments, municipal establishments
or multifamily establishments shall be required to periodically report
to the Township the municipal waste and recyclable materials that
were collected from their respective establishments on a form prepared
by the Township.
H. Notice of violation. Any owner who violates the provisions
of this section shall be subject to the penalties hereinafter provided.
The collection of municipal waste and recyclable
materials by municipal waste collectors and recyclable materials collectors
and the preparation for 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 Supervisors of East Norriton Township to carry out the intent and
purpose of this article. Such rules and regulations shall be approved
by resolution of the Board of Supervisors of East Norriton Township
and, when so approved, shall have the same force and effect as the
provisions of this article. Said rules and regulations may be amended,
modified or replaced by resolution of the Board of Supervisors of
East Norriton Township.
Any person who violates any provision of this
article or of the regulations adopted hereunder or any person who
knowingly commits, takes part or assists in any violation shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine of not more than $1,000 and not less than $50. Each day on which
a violation of this article continues shall constitute a separate
offense punishable by a like fine or penalty. In addition to this
penalty, the Township may institute any appropriate action or proceeding,
whether by legal process or otherwise, to prevent any illegal act,
conduct, business or use on or about such premises subject to this
article.