TOWNSHIP OF HATFIELD MONTGOMERY COUNTY PENNSYLVANIA ORDINANCE NO 609

township of hatfield, montgomery county, pennsylvania ordinance no. 609 an ordinance of the township of hatfield, montgomery county,

TOWNSHIP OF HATFIELD,
MONTGOMERY COUNTY, PENNSYLVANIA
ORDINANCE NO. 609
AN ORDINANCE OF THE TOWNSHIP OF HATFIELD, MONTGOMERY COUNTY,
PENNSYLVANIA, AMENDING SECTION 238-29 OF THE CODE OF THE TOWNSHIP OF
HATFIELD, AS AMENDED, (“RESPONSIBILITIES OF GENERATOR”) TO ADD A NEW
PARAGRAPH REQUIRING EVERY PERSON OR ENTITY, UNLESS EXEMPTED, TO HAVE
MUNICIPAL WASTE AND RECYCLABLE MATERIALS COLLECTED BY A MUNICIPAL
WASTE COLLECTOR LEGALLY OPERATING WITHIN THE TOWNSHIP; AND FURTHER
AMENDING SECTION 238-30 OF THE CODE OF THE TOWNSHIP OF HATFIELD, AS
AMENDED, (“MATERIALS TO BE RECYCLED”) TO ADD A NEW PARAGRAPH REQUIRING
THE PLACEMENT OF RECYCLING CONTAINERS AT COMMUNITY EVENTS ATTENDED BY
200 OR MORE PEOPLE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
NON-WAIVER CLAUSE; REPEALING INCONSISTENT ORDINANCES AND RESOLUTIONS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of Commissioners of Hatfield Township, Montgomery
County, Pennsylvania has enacted Ordinance No. 558, as amended, which
is codified as Sections 238-25 through 238-37 of the Code of the
Township of Hatfield, which provides regulations for municipal solid
waste collection and recycling; and
WHEREAS, the Pennsylvania Department of Environmental Protection (DEP)
is performing a review of municipal solid waste collection and
recycling ordinances and has requested that certain provisions appear
in such ordinances in order to allow a municipality to qualify for
recycling performance grants; and
WHEREAS, Hatfield Township desires to comply with DEP’s requests that
municipalities require that all residents have their municipal waste
and recyclables collected by a municipal waste collector that is
legally operating within Hatfield Township, no less frequently than
one time per week, and that recycling containers be provided at all
community events attended by 200 or more people;
NOW, THEREFORE, be it, and it is hereby ORDAINED by the Board of
Commissioners of Hatfield Township, Montgomery County, Pennsylvania,
and it is hereby ENACTED and ORDAINED by authority of same as follows:
SECTION I.- Amendment to Code
=============================
The Code of the Township of Hatfield, Section 238-29
(“Responsibilities of Generator”) is hereby amended to add the
following new Paragraph “A”:
A. Each person or entity, unless exempted under §238-28.C. of this
Article, who or which generates municipal waste and/or designated
recyclable materials, shall have such waste and recyclable materials
collected by a municipal waste collector that is legally operating
within the Township, and such collection shall be no less frequent
than one time per week.
Existing Paragraphs “A” through “F” of Section 238-29 shall
hereinafter be designated Paragraphs “B” through “G”.
SECTION II.– Amendment to Code
==============================
The Code of the Township of Hatfield, Section 238-30 (“Materials to be
Recycled”) is hereby amended to add the following new Paragraph “D”:
D. Community events. Recycling containers shall be provided at all
community events attended by 200 or more people. The disposal of
recyclable materials collected at such events shall be in accordance
with the provisions of this Article.
SECTION III.– Severability
==========================
The provisions of this Ordinance are intended to be severable, and if
any section, sentence, clause, part or provision hereof shall be held
illegal, invalid or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect or impair
the remaining sections, sentences, clauses, parts or provisions of
this Ordinance. It is hereby declared to be the intent of the Board of
Commissioners that this Ordinance would have been adopted even if such
illegal, invalid or unconstitutional section, sentence, clause, part
or provision had not been included herein.
SECTION IV.- Failure to Enforce not a Waiver
============================================
The failure of the Township to enforce any provision of this Ordinance
shall not constitute a waiver by the Township of its rights of future
enforcement hereunder.
SECTION V.- Effective Date
==========================
This Ordinance shall take effect and be in force from and after its
approval as required by the law.
SECTION VI.- Repealer
=====================
All other ordinances and resolutions or parts thereof insofar as they
are inconsistent with this Ordinance are hereby repealed.
ORDAINED AND ENACTED by the Board of Commissioners of the Township of
Hatfield, Montgomery County, Pennsylvania, this 29th day of September
2010.
TOWNSHIP OF HATFIELD
By:
Scott Brown, President
Attest:
Andrew Haines, Manager
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