(A) The township hereby establishes and implements a source separation and collection program for recyclable materials in accordance with 53 P.S. § 4000.1501 of the Municipal Waste Planning Recycling and Waste Reduction Act.
(B) The source separation and collection program shall include the following regulations.
(1) Persons are hereby required to separate at least three approved recyclable materials, deemed appropriate hereafter, from other municipal waste generated at their homes, apartments and other residential establishments and to store such material until collection. The approved selected materials shall be designated periodically from the following: clear glass; brown glass; green glass; aluminum, steel and bimetallic cans; high-grade office paper; newsprint; corrugated paper; and plastics. Nothing in this subchapter shall be deemed to impair the ownership of separated materials by the person who generated them unless and until such materials are placed at curbside or similar location for collection.
(2) Persons are hereby required to separate leaf waste from other municipal waste generated at their homes, apartments and other residential establishments until collection unless those persons have otherwise provided for the composing of leaf waste.
(3) The Board of Supervisors of the township shall allow an owner, landlord or agent of an owner or landlord of multi-family rental housing properties with four or more units to comply with its responsibilities under this section by establishing a collection system for recyclable materials at each property. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this subchapter shall not be liable for the noncompliance of occupants of their buildings.
(4) Persons are hereby required to separate high-grade office paper, aluminum, corrugated paper and leaf waste and other material deemed appropriate generated at commercial, municipal or institutional establishments and from community activities and to store the material until collection. The township shall exempt persons occupying commercial, institutional and municipal establishments within its municipal boundaries from the requirements of this subchapter if those persons have otherwise provided for the recycling of materials they are required by this subchapter to recycle. To be eligible for an exemption under this division (B)(4), a commercial or institutional solid waste generator must, annually, apply for a permit to do so and pay a fee established pursuant to resolution, and provide written documentation to the township of the total number of tons recycled or estimated to be recycled.
(5) At least once per month, the separated materials are required to be placed at the curbside or a similar location in the township in approved containers for collection by private haulers. Maintenance of township-approved containers shall be the responsibility of the property owner and if lost, misplaced or otherwise unavailable must be replaced by the property owner at his or her cost. Nothing in this section shall compel the private handler from either directly reselling the recyclable material or delivering it to the drop-off center to be established. Furthermore, nothing in this section shall prohibit any person from bringing recyclable material directly to the drop-off center.
(6) The township shall solicit bids and award contracts for the sale of collected materials or recycling from their drop-off center, giving preferential consideration, for the collection, marketing and disposition of recyclable materials, to persons engaged in the business of recycling on the effective date of this subchapter, whether or not the persons were operating for profit.
(7) Public notice: the township shall establish a comprehensive and sustained public information and education program concerning recycling program features and requirements. As part of this program, the township shall, at least 30 days prior to the initiation of the recycling program and at least once every six months thereafter, notify all persons occupying residential, commercial, institutional and municipal premises within its boundaries of the requirements of this subchapter. The Board of Supervisors shall as it deems necessary and appropriate, place an advertisement in a newspaper circulating in the township, post a notice in public places where public notices are customarily posted, including a notice with other official notifications periodically mailed to residential taxpayers or utilize any combination of the foregoing.
(8) Authorization of collectors.
(a) Unauthorized collection and transportation. It shall be unlawful for any person, other than such persons as are duly authorized by the township to collect and transport recyclable material as defined in this subchapter as a regular business within or from the township. Authorization shall be given only as set forth below.
(b) Licensing procedure. Authorization to collect, transport and dispose of recyclable material for persons other than oneself may be given only by the township through the issuance of a license. Recycling licenses may be issued only to those persons who can provide satisfactory evidence that they are capable of providing the necessary services and comply with the provisions and intent of this subchapter. The township reserves the right to disprove any application for license.
(c) Applicants for recycling license. Applicants for recycling license must furnish the following information:
1. The make, model, license plate number and size of each vehicle to be used for collection and transportation;
2. The location, address and telephone number of the business office of the applicant;
3. A certificate of the applicant’s worker’s compensation insurance as required by law;
4. A certificate of insurance coverage providing complete third-party comprehensive, bodily injury and property damage, and liability insurance, the limits of which shall not be less than $100,000/$300,000 for bodily injury and $50,000 for property damage; and
5. Any other information which the township may request and deem necessary prior to the issuance of a license.
(d) Term of license. Licenses shall be issued on a calendar year basis, and may be revoked at any time by the township for failure to comply with the provisions of this subchapter. A license shall be obtained on or before December 31 of each year so as to authorize collection for the following calendar year. Except as noted hereinafter, any collector who fails to obtain a license on or before said date, shall be deemed unlicensed for the next following calendar year, further prohibited from collection within the township for the next following calendar year, and be subject to such penalties as hereinafter noted. Notwithstanding the above, any new recycling haulers within the township (i.e., those who have not been licensed to collect within three years from the date of the issuance of a permit by the township) shall be entitled to obtain a licensing permit, by meeting the above provisions, at any time during the calendar year by paying the full amount of the license fee, which permit shall be deemed to expire on December 31 of that calendar year.
(e) Fees. Fees for licensing shall be set by the township and the amount thereof shall be provided to any applicant or person upon request.
(f) Name and number of licensee. Each vehicle must permanently display the name and number of the licensee and the capacity on the vehicle’s body.
(Ord. 52, passed 7-10-1990; Ord. 52A, passed 10-5-2000)