[Adopted 8-27-1991 by Ord. No. 639]
This Article shall be known as the "Municipal Waste Collection and Recycling Ordinance."
A. 
As used in this article, the following terms shall have the meanings indicated:
ACT 97
The Solid Waste Management Act of 1980.[1]
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[2]
ALUMINUM
Empty, all-aluminum beverage and food containers, commonly known as "aluminum cans."
AUTHORITY or WASTE AUTHORITY
The Waste System Authority of Northern Montgomery County, Pennsylvania, formed by resolution of the Montgomery County Board of Commissioners on December 6, 1989.
BI-METAL CANS
Empty food or beverage containers constructed of a mixture of ferrous metal, usually tin or steel, and nonferrous metal, usually aluminum.
BUSINESS(ES)
The 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.
BULK ITEMS
Any large durable goods 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.
CORRUGATED PAPER
Paper products made of a stiff, moderately thick paper board, containing folds or alternating ridges, commonly known as "cardboard."
DEP
Pennsylvania Department of Environmental Protection.
[Added 12-17-2007 by Ord. No. 756]
DER
The Pennsylvania Department of Environmental Resources.
DISTRICT
The area within the political boundaries of the 12 municipalities of Franconia Township, Hatfield Borough, Hatfield Township, Lansdale Borough, Lower Gwynedd Township, Lower Salford Township, Montgomery Township, North Wales Borough, Souderton Borough, Telford Borough, Towamencin Township and Upper Gwynedd Township, as provided in the plan.
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 cutting of a lawn, field or similar grassed area.
HIGH-GRADE OFFICE PAPER
All types of white paper, bond paper and computer paper used in commercial, institutional and municipal establishments.
HOUSEHOLD HAZARDOUS WASTE
Small quantities of hazardous waste (as defined in the Solid Waste Management Act) available to a person or entity on a retail basis such as pesticides, certain paints, cleaning agents and automotive products.
LANDLORD(S)
Any individual or organizational owner who rents and/or leases residential units, commercial space or industrial complex(es). "Landlords" own the properties in question and deal directly with their tenants or lessees.
LEAF WASTE
Leaves, garden residues, shrubbery and 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, colored paper envelopes, mixtures of high-grade office paper and the like.
MUNICIPALITY
The Borough of North Wales.
MUNICIPAL WASTE
Any Municipal Waste as defined by Section 103 of the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., and Section 103 of Act 101, and any rules and regulations promulgated thereunder.[3]
MUNICIPAL WASTE COLLECTOR(S)
Any collector, remover, transporter and/or hauler of municipal waste and/or recyclable materials in the district. 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.
NMCRC
Northern Montgomery County Recycling Commission.
[Added 12-17-2007 by Ord. No. 756]
NONCURBSIDE RESIDENT(S)
Residents of a multifamily residential unit where provision is made to collect and dispose of waste through collective dumpsters.
NORTHERN DISTRICT or DISTRICT
The area within the political boundaries of the 12 municipalities of Franconia Township, Hatfield Borough, Hatfield Township, Lansdale Borough, Lower Gwynedd Township, Lower Salford Township, Montgomery Township, North Wales Borough, Souderton Borough, Telford Borough, Towamencin Township and Upper Gwynedd Township, as provided in the plan.
PARTICIPATING MUNICIPALITIES
Those municipalities which have executed the IMA.
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 (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.
PLAN or COUNTY PLAN
The 1990 Revision of the county-wide municipal waste management plan adopted by the county and approved by DER, as such may hereinafter be supplemented, revised, amended or modified in compliance with the law.
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.
RECYCLING COLLECTOR
A municipal waste collector engaged in the collection, removal, transportation or hauling of recyclable materials.
RECYCLING PROGRAM
The program developed and implemented by the Authority, pursuant to the IMA, to collect and recycle recyclable materials in the Northern District. As provided in the IMA, such program shall be consistent with the county plan (as revised and supplemented) adopted by the county and approved by DER, as such may hereinafter be revised, amended or modified in compliance with the law.
RENTAL AGENT(S)
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).
RESIDENT(S)
The legal owner, occupant or lessee of a single-family residential unit 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 profession from his/her personal residence.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq., and 53 P.S. § 4000.101 et seq., respectively.
B. 
All terms not separately defined in this article that are contained in the Solid Waste Management Act and Act 101[4] are incorporated herein by reference.
[4]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § et seq., 4000.101 et seq., respectively.
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 municipality 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.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
C. 
It is the intent of this article to promote intergovernmental cooperation in recycling activities among the municipalities of the Northern District. Such cooperation will be undertaken to more efficiently conduct recycling programs and to reduce costs.
D. 
The municipality's adoption of this article anticipates the assignment of certain of its duties and powers under Act 101[2] to the Authority with respect to recycling activities. Such assignment of duties and powers will be accomplished in accordance with Section 304(c) of Act 101 by the IMA. Duties and powers not assigned by the IMA or subsequent agreement shall remain with the municipality.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A. 
The Authority is authorized to carry out a recycling program on behalf of the municipality in accordance with the terms and conditions of the IMA.
B. 
The Authority is authorized to license the municipal waste collectors for recycling activities in conjunction with its municipal waste collection and disposal licensing activities.
C. 
In accordance with the responsibilities in this article, the Authority is authorized to establish by resolution rules and regulations related to the administration of the recycling program and to administer all such rules and regulations. The Authority shall determine the recyclable materials to be separated by residents, noncurbside residents and businesses and collected by municipal waste collectors. However, this designation may be changed by the Authority from time to time. The municipality may require additional materials to be recycled, in which event such additional materials shall be deposited at drop-off centers designated by the municipality, and the municipal waste collector will not be responsible for collecting such materials. Any additional requirements imposed by the municipality shall be consistent with and not interfere with the recycling program developed and implemented by the Authority. Commercial, municipal and institutional establishments shall be required to separate the materials designated by the Authority for recycling.
D. 
In accordance with Section 1501(c)(1)(iii) of Act 101,[1] the Authority shall be authorized to 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 municipality and the Authority of the total quantity of each material recycled, in the form and by the Act as provided for in the Authority's rules and regulations. Exemptions shall be handled administratively by the Authority.
[1]
Editor's Note: See 53 P.S. § 4000.4501(c)(1)(iii).
A. 
Each person or entity who generates municipal waste in the district, as required by Act 101,[1] 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.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B. 
Every resident of the municipality shall be required to separate the materials designated by the Authority for recycling.
C. 
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 publicly posting educational information provided by the Authority, municipality and/or municipal waste collectors, providing appropriate recyclable material collection containers and providing for the pickup of such containers in accordance with this article. Owners, landlords or rental 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.
D. 
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 § 178-24 hereof.
E. 
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 Authority or municipal waste collector 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, subject to the rules and regulations of the Authority. 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 the municipality by resolution or by the Authority. 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 curb- or streetline for collection must be in closed, waterproof containers.
F. 
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 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.
G. 
Owners or landlords of any institutional, commercial, business or industrial establishment shall be required to meet the same requirements outlined in Subsection F unless exempted under § 178-18D of this article or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property.
A. 
Licensing requirements.
(1) 
From October 1, 1991, no person or entity shall be permitted to engage in the collection or transportation of recyclable materials in the municipality unless it has been licensed by the Authority, has maintained that license in good standing and has continued to observe all of the provisions of this article and of the rules and regulations of the Authority.
(2) 
Every person or entity who desires to engage in or wishes to continue engaging in the collection, removal, transportation or hauling of recyclable materials in the municipality shall be required to first become licensed with the Authority. Such license shall be effective for a period of one year beginning January 1 of each calendar year. Every person or entity desiring or continuing to engage in such activity shall apply to the Authority for a license on or before December 1 to qualify as a licensed municipal waste collector on January 1 of the following year, and shall complete any forms or application materials as requested by the Authority.
[Amended 11-22-1994 by Ord. No. 674]
(3) 
The collection equipment and transportation vehicles used for the collection of recyclable materials within the municipality shall be as specified by the Authority in the rules and regulations. Unless specifically provided otherwise in the Authority's rules and regulations, all vehicles should meet at least the following requirements. All vehicles should have a closed body type, and said collection equipment and transportation vehicles shall be labeled to indicate the name of the recycling collector and shall further indicate that the vehicle is transporting 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. Recyclable materials 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.
(4) 
Unless specifically provided otherwise in the Authority's rules and regulations, no person or entity shall be entitled to obtain a license from the Authority as a recycling 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, workers' compensation 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 Authority in its rules and regulations. 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 both the Authority and the municipality, by certified mail, written notice of any modifications, alterations or cancellation of any policy or policies or the terms thereof. The above-mentioned written notice shall be mailed to both the Authority and the municipality 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) 
Unless specifically provided otherwise in the Authority's rules and regulations, each recycling collector shall, on the first day of each calendar quarter, file a rate schedule with the Authority showing the rates to be charged to its customers for the collection of recyclable materials. Such rate schedule shall not be changed by the recyclable collector without first giving notice to the Authority at least 30 days prior to the effective date of such change. Each recycling collector shall file a map with the Authority and the municipality on the first day of each calendar year, or upon changes of its routes, showing the areas of the municipality in which it operates and a timetable setting forth the days of collection. Collections of recyclable materials by recycling collectors shall take place at the times designated by this article or the Authority's rules and regulations.
(6) 
At the time of such application, the recycling collector shall pay the Authority a registration fee and a truck fee for each transportation vehicle that will be used in the Northern District to collect recyclable materials, which sum shall be used to offset the administrative and regulatory costs of the Authority. The registration fee and the truck fee shall be set by the Authority from time to time.
B. 
Reporting and recordkeeping requirements.
(1) 
Unless specifically provided otherwise in the Authority's rules and regulations, all 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.
(2) 
Municipal waste collectors shall be responsible for obtaining weight and volume data on all municipal waste and recyclable materials collected by them in the municipality. Said data shall be supplied to the Authority on a quarterly basis, and fourth-quarter data shall be supplied to the Authority by January 15 for the preceding year, so that the Authority on behalf of the municipality may submit reports in accordance with Act 101 and other applicable laws, and submit applications for recycling performance grants, all in accordance with the rules and regulations of the Authority.
(3) 
Municipal waste collectors shall maintain records of their collection, removal, transportation and hauling activities and make them available for inspection by the Authority, in accordance with the rules and regulations of the Authority.
C. 
Collection, processing and marketing requirements.
(1) 
Each municipal waste collector operating in the municipality shall be responsible for complying with the requirements of this article and the Authority's rules and regulations for the collection, processing and marketing of recyclable materials.
(2) 
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. Unless specifically provided otherwise in the Authority's rules and regulations, 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 Authority that the collection of recyclable materials by it can be undertaken in accordance with the requirements of this article and the Authority's rules and regulations.
(3) 
The collection of recyclable materials for all establishments other than single-family residential homes shall be on an as-required basis as established by the Authority.
(4) 
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.
(5) 
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.
(6) 
The municipal waste collector shall, prior to initiating processing and marketing activities, provide the Authority 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 facility(ies) shall be appropriately licensed and permitted. Updates shall be provided as changes are made.
(7) 
All municipal waste collectors shall keep records of the quantities of recyclable materials collected in the municipality. 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 Authority on reporting forms provided by the Authority 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.
(8) 
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 must be provided to the Authority by January 31 of each year for materials collected in the preceding calendar year of the total quantity of leaf waste collected. The collector has the option of reporting tonnage either in compacted or uncompacted cubic yards.
A. 
The municipality recognizes that intergovernmental cooperation among the municipalities of the Northern District and the Authority will be of benefit to the municipality by more efficiently conducting recycling program activities. Intergovernmental cooperation efforts will include but are not limited to the following:
(1) 
Determining the materials to be recycled on a region-wide basis.
(2) 
Development of joint education programs, including the placement of newspaper ads.
(3) 
Preparation of information for municipality newsletters.
(4) 
Development of reporting forms and grant applications and the filing of such forms and applications with the appropriate agencies.
(5) 
Purchase of additional recycling containers for new residents or as replacements are required.
(6) 
Preparation of informational sheets for municipal waste collectors.
(7) 
Promulgation of rules and regulations pertaining to the recycling program.
B. 
Such intergovernmental cooperation efforts will be undertaken through the Authority pursuant to the IMA.
C. 
Intermunicipal agreement.
(1) 
Entry in IMA. In order to implement the intent and terms of this article, the municipality, pursuant to the authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, codified at 53 P.S. §§ 481 through 490 and Article IX, Section 5, of the Constitution of the Commonwealth of Pennsylvania, has determined to enter into the IMA between the municipality, the Authority and other municipalities within the Northern 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.
(2) 
Terms and implementation of IMA shall be as more fully set forth in the IMA and this article.
(a) 
Conditions and terms of IMA. In the IMA:
[1] 
The Authority shall develop and implement a recycling program for the municipalities in the North Penn Area.
[2] 
The participating municipalities state that they have enacted a municipal recycling ordinance in a form substantially similar to this article.
[3] 
The Authority is authorized to promulgate rules and regulations and administer those rules and regulations.
[4] 
The parties agree to cooperate in the enforcement of the IMA and all ordinances enacted pursuant to the IMA.
(b) 
Initial duration and term of the IMA. The initial term of the IMA will be two years.
(c) 
Purpose and objectives of the IMA. The purpose of the IMA is to provide a uniform recycling program for the Northern District and minimize duplicative efforts by the municipalities in the Northern District.
(d) 
Manner and extent of financing the IMA. During the term of the IMA, the municipality shall remit to the Authority all grant moneys received from the commonwealth for recycling activities.
(3) 
Execution. Appropriate officers of this municipality are authorized and directed to execute the IMA on behalf of this municipality.
(4) 
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:
(a) 
The conditions of agreement are set forth in the IMA.
(b) 
The duration of the term of the agreement is set forth in Sections 913 and 914 of the IMA.
(c) 
The purpose of the IMA is to cooperate with the Authority and other participating municipalities in developing and implementing a recycling program.
(d) 
The agreement will be financed through funds secured by grants, fees to be imposed on recycling collectors and other funds of the Authority, as may be required.
(e) 
The organizational structure necessary to implement the agreement is set forth in the IMA with which the officers of the municipality shall cooperate.
(f) 
The manner in which property, real or personal, shall be acquired, managed, licensed or disposed of is by way of lease or other contract unless otherwise set forth in the IMA.
(g) 
The IMA contemplates cooperation with the Authority, which entity is empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for its employees.
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 § 178-25 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 § 178-25 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 Authority unless authorized by the rules and regulations of the Authority. Such person or entity must comply with the requirements imposed by the Authority.
B. 
The Authority is authorized to 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 Authority 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 Authority of the total quantity of each material recycled.
[1]
Editor's Note: See 53 P.S. § 4000.1501(h).
[Amended 12-17-2007 by Ord. No. 756]
A. 
The Municipality 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 addition thereto, the leaf waste collection program shall be augmented by designation by the Municipality of a DEP-permitted, drop-off compost facility for residents of the Municipality to utilize as needed, which facility must be open at least once per month for collection of leaf waste generated between scheduled collections.
B. 
Leaf waste collection shall be conducted by the Municipality or authorized private municipal waste collectors 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.
C. 
All private municipal waste collectors shall provide the Municipality and NMCRC 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 facility which is not a DEP-permitted composting facility is strictly prohibited.
D. 
The methodology for separating and collecting leaf waste shall be established and implemented by the Municipality and imposed upon participating private waste collectors. The leaf waste collection guidelines set forth in this article are intended to be general in nature. The actual leaf waste collection and education program shall be established in more detail by the Municipality pursuant to resolution and is subject to modification, as needed from time to time, provided any modifications to the program comply with this article and the most recent regulations of DEP.
E. 
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.
[Amended 11-22-1994 by Ord. No. 674; 12-17-2007 by Ord. No. 756]
A. 
Any person or entity violating the provisions of this article pertaining to the separation of recyclable materials and leaf waste, collected within the boundaries of any municipality which is a member of the NMCRC, including co-mingling of recyclable materials and leaf waste with municipal waste by haulers and their employees, shall receive an official written warning sent certified mail, return receipt requested, from the NMCRC solicitor and/or from the solicitor for the municipality in which the alleged violation occurred for the first offense. Thereafter, within two years from the date of the written warning for the first offense, any person or entity violating any of the provisions of this article pertaining to the separation of recyclable materials and leaf waste collected within the boundaries of any municipality which is a member of the NMCRC shall be subject to a criminal fine of not less than $2,500 per violation, plus damages, court costs and reasonable attorney's fees and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action commenced by the NMCRC and/or the municipality in which the alleged violation occurred before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
B. 
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 with written notice for the first offense and also provide the NMCRC and the member municipality with the same written notice. Any municipal waste collector who shall knowingly violate the provisions of this subsection and collect municipal waste containing recyclable materials and leaf waste from a person or entity who or which has previously been notified by the NMCRC, municipality and/or a municipal waste collector of noncompliance shall receive an official warning from the member municipality and/or NMCRC for the first offense. The municipal waste collector, for subsequent offenses within a two-year period of the warning, upon conviction, shall be sentenced to pay a fine of not less than $1,500 per violation, plus damages, court costs and reasonable attorney's fees and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violation shall be by action commenced by the NMCRC and/or the municipality in which the alleged violation occurred before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
C. 
Any person or entity who shall violate any provision of this article not covered in Subsection A or B above shall receive an official written warning sent certified mail, return receipt requested, from the NMCRC solicitor and/or from the solicitor for the municipality in which the alleged violation occurred for the first offense. Thereafter, within two years from the date of the written warning for the first offense, any person or entity violating any of the provisions of this article not otherwise covered in Sections A or B shall, upon conviction, be subject to a criminal fine of not less $500 per violation, plus damages, court costs and reasonable attorney's fees and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action commenced by the NMCRC and/or appropriate member municipality before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day on which a violation of this article continues shall constitute a separate offense punishable by a like fine or penalty.
D. 
The NMCRC and the Municipality are authorized to establish, through its rules and regulations, procedures through which violations of this article and of the NMCRC or the Municipality's rules and regulations themselves may be determined and administrative sanctions therefor, including but not limited to imposition of monetary penalties.
E. 
Nothing in this section shall be construed to limit the NMCRC or the Municipality's remedies which shall include but not be limited to including the filing of actions at law or in equity seeking damages and/or injunctive relief.
This Article shall be construed under the laws of the Commonwealth of Pennsylvania.
The municipality may, from time to time, modify the regulations adopted in accordance with this article or make modifications to this article.
A. 
This Article shall take effect and be enforced as of September 1, 1991, for residential and curbside collection; and on or before October 1, 1991, for businesses and noncurbside residents.
B. 
The municipal waste collectors shall take the necessary steps to implement the collection of recyclable materials upon the effective date of this article.