Upon motion by Mr. McGrath , seconded by Mrs. Weber , the following Ordinance was duly enacted, 3 voting in favor of enactment, 0 voting against enactment.
ORDINANCE NO. 97-2
An Ordinance of the
Township of Millcreek, Erie County, Pennsylvania, providing for the collection,
transportation and disposition of municipal waste, recyclable materials and
leaf waste; defining those recyclable materials to be separated and marketed
for recycling; mandating that all generators of municipal waste, recyclable
materials and leaf waste assure proper collection and disposition of the same;
prohibiting the collection and/or disposal of municipal waste, recyclable
materials and leaf waste without a proper license therefor
and establishing license fees and duties of licensees; permitting only one
entity to collect municipal waste, recyclable materials and leaf waste
generated by residential units other than those deemed a commercial pickup and
establishing requirements to be met by residents and the retained entity under
said contract; requiring that owners and occupants of residential properties
pay fees for services as established under a contract awarded to the contracted
entity; establishing duties and prohibitions and fines and penalties for
violation; and including repealor and severability clauses.
WHEREAS, Sections 2101, et seq. of the Second Class Township Code as reenacted and amended by Act 60-1995, P.L. 350, authorizes the Millcreek Township Supervisors to regulate and prohibit the dumping or depositing of ashes, garbage, solid waste and refuse materials, to provide for the collection and disposition thereof and to enter into contracts for services related thereto; and
WHEREAS, the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101, et seq. (the “Act”), imposes obligations upon municipalities to provide for proper collection, disposal, recycling and/or composting of municipal waste, recyclable materials and leaf waste and authorizes municipalities to contract with any person to carry out municipal duties related thereto; and
WHEREAS, the Act requires the governing body of a municipality to adopt an ordinance requiring persons to separate, for the purpose of recycling, materials deemed appropriate by the municipality from other municipal waste generated by homes, apartments and other residential and other use units and to store said material until collection, such materials including those enumerated in the Act; and
WHEREAS, it is the general intent and purpose of Millcreek Township to provide a comprehensive municipal waste, source-separated recyclable material and leaf waste collection system whereby a successful bidder (“contractor”) will be given the exclusive franchise to collect and dispose of all municipal waste, source-separated recyclable materials and leaf waste generated by all residential dwellings or units other than those defined as a “commercial pickup”, and to require that all residential units other than those designated as commercial pickups which retain the services of the contractor designated by Millcreek Township pay to said contractor, at the resident’s election, either a fixed quarterly fee for unlimited municipal waste, recyclable material and leaf waste collection or a per-bag fee for such services as is determined by the Board of Supervisors in its award to the contract hauler; and
WHEREAS, the Board of Supervisors has determined to designate the following as being recyclable materials to be separated, collected and marketed for recycling purposes: clear and colored glass; aluminum, steel and bi-metallic cans; plastics; newspapers; magazines; corrugated cardboard; mixed paper; and mixed cardboard; and
WHEREAS, it is the intent of the Board of Supervisors and this Ordinance that all generators of the designated recyclable materials within Millcreek Township shall properly separate and store said recyclable materials and place the same for collection by the residential contractor or other contracted hauler; and
WHEREAS, it is the intent of the Board of Supervisors and this Ordinance that all generators of leaf waste separate the same from municipal waste and store said leaf waste for a separate collection by the residential contractor or other contracted hauler; and
WHEREAS, the Board of Supervisors intends to establish in this Ordinance provisions necessary to assure the proper separation of recyclable materials and leaf waste from municipal waste; the proper placement of municipal waste, recyclable materials and leaf waste for collection by all owners and occupants of properties in Millcreek Township; the proper collection, transportation and disposition of said materials by contracted and licensed haulers; prohibit collection, transportation and disposal of said materials without a license issued by the Township and establish fees and requirements therefor; establish the requirements imposed upon owners and occupants of residential properties and the contracted hauler under contracts with the Township for collection, transportation and disposition of said materials from residential properties not deemed a commercial pickup; establish duties imposed upon owners and occupants of properties and those collecting regulated materials therefrom; and establish fines and procedures for violation and/or enforcement of this Ordinance; and
WHEREAS, the Board of Supervisors deems this Ordinance to be
necessary and appropriate for the public health, safety and welfare of
NOW,
THEREFORE, IT IS ENACTED AND ORDAINED by the Board of Supervisors of
Millcreek Township,
Section 1 - Short Title
This Ordinance shall be named and referred to as the Millcreek Township Municipal Waste and Recycling Ordinance.
Section 2 - Incorporation
of Recitals
The recitals above are hereby incorporated in this Ordinance as though restated herein.
Section 3 - Definitions
A. Definitions established in the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101, et seq. shall apply and extend to terms within this Ordinance by reference, unless expressly modified in this Ordinance.
B. Words not specifically defined in the Act or in this Ordinance shall be given their reasonable and customary meanings.
C. For the purposes of this Ordinance, the following terms shall be defined as follows:
1. “Act” - the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101, et seq., as the same may in the future be amended.
2. “Aluminum, steel and bi-metallic cans” - shall include beverage cans, metal food containers and soup cans; shall not include flatware or metal cookware.
3. “Ashes” - shall include coal ashes, coke ashes, wood ashes and ashes resulting from other fuels used for cooking and heating purposes, and shall be deemed included within the term “municipal waste”.
4. “Clear and colored glass” - shall include glass beverage bottles, food jars and containers; shall not include mirrors, ceramic materials, crystal, light bulbs, glass ovenware, drinking glasses, clay pots or window glass.
5. “Commercial establishment” - the place at which any business within the boundaries of Millcreek Township is conducted by any person which, in the operation of such business, has or accumulates municipal waste, recyclable materials and/or leaf waste in or about its place(s) of business or elsewhere. For purposes of this Ordinance, a commercial establishment shall include any business, institutional, industrial or other use excepting only a residential use.
6. “Commercial pickup” - shall include all properties aside from residential properties having four or fewer residential or family units within a single structure. That a residential use may be deemed a “commercial pickup” does not render its use other than residential.
7. “Construction Materials” - shall include wood, piping, metal, plastics, concrete, cement and other man-made products used in construction which is generated in any business or in the course of construction or renovation of dwellings or other buildings. The exclusion of “construction materials” from materials to be collected by the residential contractor shall not extend to such materials in small quantity generated in the ordinary course by occupants of residential dwellings.
8. “Disposal” - shall be deemed to include the deposition, injection, dumping, spilling, leaking or placing of solid or municipal waste into or on the land or water in a manner that the constituent of the waste enters the environment, is emitted into the air or is discharged into the ground or to the waters of the Commonwealth.
9. “Disposition” - shall be deemed a generic reference to the proper disposal of municipal waste, recycling and marketing of recyclable materials and/or composting of leaf waste in the manner prescribed in this Ordinance.
10.
“Family” - shall be and include any
person or group of persons maintaining a separate dwelling, apartment or other
habitation unit within the limits of the
11. “Garbage” - shall be deemed to consist of and include all vegetable and animal waste, including offal, carcasses, fat, bone, swill and animal and vegetable matter or other organic substance subject to fermentation or decay, resulting from the storage, handling, consumption and/or preparation of food. The term shall not be deemed to include dishwater or other soapy water. “Garbage” shall be deemed included within the term “municipal waste.”
12. “Household rubbish” - shall consist of and include old furniture, such paper as is not included in recyclable materials, trunks, stoves, furnace pipe, water boilers, light bulbs, crockery, nonrecyclable cans, bottles and containers, hedge and tree trimmings, garden residues, shrubbery and similar material, grass clippings, pipe and all other rubbish which may accumulate in the ordinary course of use of a residential dwelling, but excluding dirt, trees, tree limbs over four feet (4') in length and construction materials as defined above. The term shall not include designated recyclable materials, and shall be deemed included within the term “municipal waste.”
13. “Leaf Waste” - shall include only leaves.
(As amended by Ordinance No. 2001-14, Section 5, enacted
14. “Mixed cardboard” - shall include noncorrugated packaging such as cereal boxes, gift boxes, shoe boxes, tablet backers and the like. Shall not include milk cartons, waxed paper or any material contaminated by food or other municipal waste.
15. “Mixed paper” - shall include white paper, envelopes and like paper material, including junk mail, office mix and brown bags. Shall not include waxed paper or any material contaminated by food or other municipal waste.
16. “Municipal
recycling program” - shall be deemed to mean a source-separation and
collection program for recycling recyclable materials, or a program for designated
drop-off points or collection centers for recycling municipal waste or
source-separated recyclable materials that is operated by or on behalf of a
municipality. The term shall include any
source-separation and collection program for composting leaf and yard
waste. The term shall not include any
program for recycling construction or demolition waste and/or sludge from
sewage treatment plants or water supply treatment plants. Under this Ordinance, the franchised
residential hauling contractor would be designated to operate a recycling
program in lieu of
17. “Municipal waste” - shall include and mean any garbage, refuse, industrial lunchroom or non-recyclable office waste or other material, including solid, liquid, semi-solid or contained gaseous material, resulting from operation or use of any residential dwelling or unit and/or any commercial establishment and/or other use or activity and any sludge not meeting the definition of residual or hazardous waste in the Act (Section 6018.101, et seq.) from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. Does not include recyclable materials and leaf waste.
18. “Person” - shall mean and include any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, Federal government or agency, State government, agency or institution (including but not limited to the Department of General Services and State Public School Building Authority), or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this Ordinance prescribing a duty, prohibition, fine or penalty, or any combination of the foregoing, the term “person” shall include the officers and directors of any corporation or other entity having officers and/or directors.
19. “Recyclable
materials” - shall mean and include clear and colored glass; aluminum,
steel and bi-metallic cans; recyclable plastics; newspapers tied, bundled or
separated in paper or other bags authorized by the hauler; magazines tied,
bundled or separated in paper or other bags authorized by the hauler;
corrugated cardboard tied or bundled; mixed paper and mixed cardboard.
20. “Recyclable plastics” - shall include plastic beverage bottles, ketchup bottles, milk and juice jugs, laundry and dish soap containers and the like. The term shall not include plastic dishware, drinking glasses or toys.
21. “Recycling” - shall mean and include the separation from municipal waste at the site of generation, collection, recovery and sale or reuse of metals, glass, newspapers, magazines, corrugated cardboard, mixed paper and mixed cardboard and other materials which would otherwise be disposed of 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.
22. “Resident” - shall be deemed to include every resident, owner, householder, tenant, responsible party or person owning or occupying a dwelling, apartment, condominium or place of residence within the Township of Millcreek generating municipal waste, recyclable materials and/or leaf waste, excluding only those persons residing in dwellings having more than four (4) residential units within the same structure and so deemed within the term “commercial pickup”.
23. “Residential
recycling” - shall include source separation, placement for collection,
collection, transportation, recovery and sale or reuse of recyclable materials
generated within all dwellings and residential units or uses in
24. “Responsible party” - shall be taken, generally, to mean and include all persons responsible for compliance with the provisions of this Ordinance, including but not limited to provisions regulating collection, transportation and disposition of municipal waste, recyclable materials and leaf waste. The term shall include “resident,” owners, landlords of multi-family rental or condominium residential properties and their agents; owners, landlords of mobile home parks and their agents; condominium unit owners, tenants and/or occupants of multiple unit residential dwellings; and owners, landlords, managers and/or their agents and occupants and/or tenants of commercial, institutional, industrial and public properties.
25. “Rubbish” - shall consist of mixed and waste fragments resulting from the use of household necessities, including but not limited to nonrecyclable glass, metal, tin and wood, china, leather, rubber, carpeting, prunings from vines and other foreign matter, but excepting ashes and garbage. Shall be deemed included within the term “municipal waste” and shall not include leaf waste and/or materials designated as recyclable under this Ordinance.
26. “Solid waste” - shall be defined as set forth in the Act, and shall be deemed included within the term “municipal waste”.
27. “Source-separated recyclable materials” - materials which are separated from municipal waste at the point of origin for the purpose of recycling. Shall generally be deemed to include “recyclable materials” and “leaf waste.”
28. “Storage” - shall mean the containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal; said presumption may be overcome only by clear and convincing evidence to the contrary.
29. “Transportation” - the offsite removal of any municipal waste, recyclable materials and/or leaf waste at any time after generation.
Section 4 - General Duties
and Prohibitions
A. General Duties
1. Requirements in this Ordinance that municipal waste, recyclable materials and/or leaf waste be separated at the source, placed for collection, collected, transported, that municipal waste be disposed of, recyclable materials marketed and sold for reuse and leaf waste composted shall apply to all properties in Millcreek Township and to all owners, residents, tenants and/or occupants of such properties and their managers or agents, and to all firms or entities, waste disposal, recycling and composting facilities.
(a) Owners, residents, tenants and/or occupants of residential properties having four (4) or fewer dwelling units within the same building shall comply with duties imposed under this Ordinance by contracting with the firm or entity under contract with Millcreek Township for the collection, transportation and proper disposition of municipal waste, recyclable materials and leaf waste.
(b) The owner, landlord, manager and/or agent therefor of a residential property having more than four (4) dwelling units within the same structure and/or of a mobile home park, both otherwise within the definition of a “commercial pickup,” shall be deemed responsible parties as to such properties and obligated to make provision and contract for collection, transportation and proper disposition of municipal waste, recyclable materials and leaf waste generated upon and about the premises, unless they provide in proper and written fashion that tenants and/or occupants of each unit shall be the responsible party, in which event each such tenant and/or occupant shall be obligated to contract for services with the firm or entity under contract with Millcreek Township for the collection, transportation and proper disposition of municipal waste, recyclable materials and leaf waste. Any written notice required under this subsection shall be delivered promptly to the Township and its contractor, and shall include the names and addresses of affected tenants/occupants and units.
(c) Responsible parties for properties deemed a “commercial pickup”must contract with a firm or entity licensed by Millcreek Township for collection, transportation and proper disposition of municipal waste, recyclable materials and leaf waste generated at or upon said properties and make adequate provision for proper source-separation and placement of said materials for collection.
(i) Responsible
parties of properties not served by the Township’s residential collection
contract shall, on or before
a. the decision by the owner and/or landlord of a residential property having four (4) or more dwelling units and/or a mobile home park that tenants or occupants thereof shall be deemed responsible parties, in which event such notice must be in writing and identify the names, service and mailing addresses of all tenants, occupants and residential units thereby deemed responsible parties; or
b. the name and address of the firm with which said owner, landlord, manager and/or agent has contracted for the collection, transportation and proper disposition of municipal waste, recyclable materials and leaf waste.
(ii) Any changes in determination of responsible parties for residential properties and/or the firm(s) retained for collection, transportation and disposition of municipal waste, recyclable materials and leaf waste must be confirmed by written notice to Millcreek Township within thirty (30) days after such change is effective.
2. Reporting requirements
established in this Ordinance shall govern and extend to the contractor
retained by the Township for general residential collection services and to all
persons or firms contracting to provide service to multi-unit residential,
commercial, industrial, institutional, public and other properties in
3. All persons contracting
with any firm or entity for the collection and disposition of municipal waste,
recyclable materials and/or leaf waste as is permitted in this Ordinance shall
be obligated to assure that such firm or entity holds a valid license issued by
B. General Prohibitions
1. This section shall not limit or modify provisions of this Ordinance which identify and make provision for specific violations.
2. In addition specific obligations imposed in this Ordinance, the following acts and/or omissions are hereby declared unlawful and are prohibited, subject to the fines and/or penalties imposed in this Ordinance:
(a) No materials shall be allowed to accumulate on the ground nor be deposited on the streets or highways, vacant lots, homes, nor on any land publicly or privately owned, nor be thrown into any stream or body of water in the Township of Millcreek other than as is expressly permitted in this Ordinance or by State or local laws.
(b) There shall be no doubling up of families by which more than one residence or family uses a common container(s), except in the case of a commercial pickup and only then by persons intended to be included within such service.
(c) Where a residence, apartment, condominium or other residential building is arranged for occupancy by more than four separate dwelling units, failure or refusal by the owner, landlord or manager of said property or agent(s) thereof to furnish proper collection services for municipal waste, recyclable materials and leaf waste generated upon said property, unless said owner, landlord or manager has in proper fashion designated tenants or occupants responsible parties and issued notices required in this Section.
(d) Failure or refusal by the owner, landlord, manager, tenant or occupant of a nonresidential property in the Township or agent(s) thereof to furnish proper collection services for municipal waste, recyclable materials and leaf waste generated upon said property.
(e) No person shall place recyclable materials for disposal as municipal waste or leaf waste.
(f) No person shall burn or cause to be burned any recyclable materials or municipal waste.
(g) No person shall place upon any other property municipal waste, recyclable materials or leaf waste not generated upon that property, except for placement of recyclable materials for collection upon one’s own property and/or placement of materials at a licensed recycling or composting facility.
(h) No person shall collect from any property located in Millcreek Township any municipal waste, recyclable materials and/or leaf waste, nor transport, dispose of, market for recycling or compost such materials without first obtaining a license therefor from the Township of Millcreek.
C. Exceptions
1. This Ordinance shall not be construed to prevent or prohibit any person engaged in the business of farming from maintaining a manure pile on land occupied by him or her, so long as a nuisance does not result from said activity.
2. Nothing herein shall be construed to prohibit any person from building or maintaining a compost pile, consisting of grass clippings, leaves, weeds, soil, hedge and/or shrubbery clippings and other organic material, so long as a nuisance does not result from said activity.
3. This Ordinance shall not be construed to prevent or prohibit any person from taking to a licensed recycling or composting facility recyclable materials and/or leaf waste for which general collection is provided for in this Ordinance.
Section 5 - Collection and
Disposal Generally
A. All municipal waste,
recyclable materials and leaf waste generated at and upon all properties
located in
B. It shall be the responsibility of the resident, person and/or responsible party upon each property in Millcreek Township generating municipal waste, recyclable materials and/or leaf waste to separate from municipal waste recyclable materials and leaf waste as required in this Ordinance, and to place the same for collection by the residential contractor retained by Millcreek Township or, if applicable, by such firm or entity retained to provide services to a “commercial pickup” property.
C. All municipal waste, source-separated materials and leaf waste generated by or upon all residential properties and/or units in Millcreek Township other than those designated and maintained as a “commercial pickup” shall be collected, removed and disposed, marketed for recycling or composted only by the contractor retained under Articles of Agreement (“Township contract”) under the terms and conditions set forth in said contract, this Ordinance and the contract specifications and bid blank.
1. It shall be a violation of this Ordinance for any person other than the entity retained under the Township contract to collect, remove, transport or dispose of municipal waste, source-separated recyclable materials and/or leaf waste generated by residential units in Millcreek Township other than those designated and maintained as a “commercial pickup.”
2. Contracts for the collection, removal, transportation and proper disposition of municipal waste, source-separated recyclable materials and/or leaf waste under this Ordinance shall, from time to time, be let to the lowest responsible bidder, with or without advertising, which contract(s) shall contain, in addition to the requirements of this Ordinance, such other provisions not in conflict with this Ordinance as may be deemed advisable by the Board of Supervisors to incorporate therein, and it shall be executed by the Chairperson of the Board of Supervisors. No contract therefor shall be awarded for a period exceeding five (5) years.
Section 6 - Collection at
Source of Municipal Waste, Recyclable Materials and Leaf Waste
A. All persons (including adults, parents, owners, occupants, head of households, residents, responsible parties, operators, landlords, tenants or agents of all properties of any type located in Millcreek Township shall separate or be responsible for the separation of municipal waste from recyclable materials and leaf waste generated upon or about such property and for the proper temporary storage of such source-separated materials until placement for collection by the Township’s residential contractor or, as to commercial pickups, by the retained licensed hauling contractor therefor in the manner prescribed in this Ordinance or by the owner of a commercial pickup property and its hauling contractor.
B. All owners
and occupants of properties of any type located in
1. The following requirements shall be applicable generally to all properties and to their owners, occupants, landlords, tenants, managers, residents and agents:
(a) Garbage or municipal waste containers (‘garbage containers”) shall be used only for garbage and municipal waste materials, as defined in this Ordinance.
(b) All garbage shall be wrapped in paper or within a plastic bag prior to being placed in a garbage container.
(c) No more water shall be allowed nor permitted in garbage or municipal waste than naturally accumulates from the refuse materials.
(d) All garbage cans and receptacles shall be kept in a sanitary condition, in places accessible to the collector and with sufficient shelter to prevent their freezing to the ground.
(e) All municipal waste, recyclable materials and leaf waste shall be kept in places accessible to the collector and in such containers or bags to be provided by the resident, owner, landlord, tenant or occupant of the property so that said materials may be readily and properly removed by the collector.
(f) All items designated in this Ordinance as recyclable materials shall be separated from municipal waste and leaf waste, shall be clean of food waste and foreign material and shall be separated for proper collection as required in this Ordinance or, as to commercial pickups, as required by the hauling contractor and responsible party.
(g) Leaf waste shall be separated from municipal waste and recyclable materials and shall be placed for proper collection as required in this Ordinance or, as to commercial pickups, as required by the hauling contractor and responsible party and, in all cases, shall be stored and placed for collection in clear plastic bags distinguishing leaf waste from municipal waste and/or recyclable materials.
(h) It shall be a violation of this Ordinance and unlawful for any person to accumulate or store, or allow accumulation or storage of municipal waste, recyclable materials and/or leaf waste in such manner as to give rise to a nuisance, and any such accumulation or storage shall constitute violations of this Ordinance and of the Nuisance Ordinance, and be subject to provisions of the Nuisance Ordinance pertaining to abatement of nuisances and payment of the costs thereof.
2. The
following requirements shall apply to all residential properties not designated
and maintained as a “commercial pickup” and therefore subject to the
(a) Containers for the temporary storage of municipal waste and placement at curbside for collection by the residential contractor shall have a capacity not exceeding 33 gallons.
(b) Garbage and municipal waste containers shall be made of non-absorbent material, be water tight and be provided with handles and closely fitting covers made of non-absorbent material. The owner or occupant of the property generating such municipal waste shall be responsible to keep such containers water tight at all times.
(c) Regular refuse or municipal waste bags shall be of sturdy plastic with a minimum thickness of 2 mills and having a maximum capacity of 33 gallons.
(d) Containers for the temporary storage of recyclable glass, plastics and metal cans shall be as specified and provided by the Township.
(e) Recyclable materials separated at the source from municipal waste and leaf waste shall be cleaned of and kept free from all food and other foreign matter.
(f) Recyclable materials shall be source-separated and placed for collection in the manner prescribed in Section 7 of this Ordinance.
(g) Leaf waste shall be separated from municipal waste and recyclable materials and placed for collection by the residential contractor in clear and tied plastic bags placed separately from other materials placed for collection.
(h) All municipal waste, recyclable materials and/or leaf waste shall be set out by the owner or occupant of such residential property at curbside on the established and scheduled day for collection thereof by the residential contractor.
(i) No municipal waste, recyclable materials and/or leaf waste shall be set out by the owner or occupant of such residential property for any reason or for the purpose of collection more than twenty-four (24) hours prior to the previously established and scheduled time for collection thereof by the contractor.
Section 7 - Recycling
Program
A. The following materials are declared to be recyclable materials to be separated from municipal waste and leaf waste at the source of generation, placed for collection, collected, transported and placed or marketed for recycling and reuse:
1. Clear and colored glass;
15. Aluminum, steel and bi-metallic cans;
16. Recyclable plastics;
17. Newspapers and newsprint;
18. Magazines;
19. Corrugated cardboard;
20. Mixed paper; and
21. Mixed cardboard.
B. All persons shall be obligated to separate or be responsible for the separation from municipal waste and leaf waste generated at all properties located in Millcreek Township those materials now or hereafter designated by the Millcreek Township Board of Supervisors as recyclable materials, and to place the same for collection, recycling and marketing for reuse as specified in this Ordinance.
C. Prior to storage of recyclable materials for collection, the contents thereof shall be removed from any containers made of recyclable materials and the containers rinsed clean by the owner or occupant of the property generating such materials.
D. Where required under this Ordinance and/or the Township contract for residential collection services or, as to commercial pickups, by the owner of and/or hauling contractor for such property, recyclable materials shall be separated from one another at the source and placed for collection in such separate fashion, and shall not be commingled with different types of materials.
E. All recyclable materials placed for collection and recycling shall be free of foreign matter which itself is not recyclable material or an inherent part of the recyclable material.
F. All owners, landlords, occupants, tenants, managers, the agents thereof and responsible parties for properties located in Millcreek Township which are not included within the Township’s residential collection contract shall be responsible for contracting with a licensed firm or entity for the collection, transportation, recycling and marketing of recyclable materials.
G. This Ordinance shall not be construed to preclude the owner or occupant of any property from donating or selling his, her, their or its source-separated recyclable materials generated upon or about such property to any profit or nonprofit entity; provided, however, that such person shall deliver said source-separated recyclable materials to a collection point under the direct operation or control of said profit or nonprofit entity.
H. This Ordinance shall not be construed to impair ownership of separated recyclable materials by the generator unless and until such materials are placed for collection by the residential or commercial pickup hauling contractor.
I.
Owners, occupants, residents and other persons
generating recyclable materials within residential properties in
1.
Recyclable clear and colored glass; plastics and
aluminum, steel and bi-metallic cans shall be stored and placed for collection
in 20- or 28-gallon plastic containers supplied by
2. Newspapers and newsprint shall be tied, bundled or placed in paper bags separate from all other materials and placed in such manner for collection.
3. Magazines shall be tied, bundled or placed in paper bags separate from all other materials and placed in such manner for collection.
4. Corrugated cardboard shall be flattened, tied and bundled separate from all other materials and placed in such manner for collection.
5. Mixed paper and mixed cardboard shall be placed in clear plastic tied bags separate from all other materials and placed in such manner for collection.
J.
Owners, landlords, managers, occupants, tenants
and other persons within properties in
1. The owner, landlord, manager and/or agent thereof shall be responsible for establishing a system of source-separation and collection by occupants of the property of recyclable materials designated in this Ordinance and their placement for collection and proper removal, transportation and marketing for recycling by the contracted hauler for the premises.
2. Such source-separation and collection system must include the following:
(a) Provision for separation and collection of all designated recyclable materials established in this Ordinance or otherwise by the Board of Supervisors;
(b) Provision of suitable containers for collecting and sorting materials;
(c) Easily accessible locations for the containers; and
(d) Written instructions to all occupants of the premises concerning designation of recyclable materials, their proper separation at the source of generation and the proper use and availability of the collection system.