ORDINANCE NO. 178
AN ORDINANCE OF THE TOWNSHIP OF KENNETT, CHESTER COUNTY, PENNSYLVANIA,
ESTABLISHING A PROGRAM FOR COLLECTION, STORAGE, TRANSPORTATION, PROCESSING AND
DISPOSAL OF MUNICIPAL WASTE AND RECYCLING, INCLUDING MANDATORY SOURCE SEPARATION
AND SEPARATE COLLECTION OF DESIGNATED RECYCLABLE MATERIALS; PROVIDING FOR THE
REGULATION AND REGISTRATION OF COLLECTORS AND HAULERS; PROHIBITING THE DISPOSAL
OF DESIGNATED RECYCLABLE MATERIALS WITH MUNICIPAL WASTE; EMPOWERING KENNETT
TOWNSHIP TO ADOPT AND PROMULGATE REASONABLE REGULATIONS THEREOF; FIXING
PENALTIES FOR VIOLATION OF THIS ORDINANCE.
THIS ORDINANCE REPLACES ORDINANCE NO. 144 IN ITS ENTIRITY.
TABLE OF CONTENTS
PART I – GENERAL
PAGE
1.
Scope...............................................................................................
2
2.
Purpose...........................................................................................
3
3.
Definitions......................................................................................
3
4.
Dumping/Litter...............................................................................
8
5.
Preparation and Storage of Municipal Waste.................................
9
6.
Required Collection and Regulation Thereof................................
9
7.
Transportation of Municipal Waste................................................
10
8.
Open Burning.................................................................................
11
9.
Public Litter Baskets......................................................................
11
10.
Collectors to Furnish Name and Address of Property Owners
….
11
11.
Leaf Waste and Grass Clippings....................................................
12
PART II – RECYCLING
12.
Separation of Recyclables..............................................................
12
13.
Disposal or Placement for Removal of Recyclables –
Residential
(Other than Multi-Family Housing Properties)..............................
13
14.
Disposal or Placement for Removal of Recyclables –
Multi-Family
Housing Properties.........................................................................
13
15.
Disposal or Placement for Removal of Recyclables –
Commercial,
Municipal and Institutional and Community Activities.................
14
16.
Recycling Reports for Residential and Multi-Family
Housing
Properties, Commercial, Municipal and Institutional
Establishments
and Community Activities.............................................................
14
17
Collection by Unauthorized Person...............................................
15
18.
Presumption of Ownership of Municipal Waste............................
15
ORDINANCE NO. 144
PART III – COLLECTOR’S DUTIES
19.
Authorization of Collectors............................................................
16
20.
Registered Haulers to Provide Recyclable Removal Service
for
Residential Properties.....................................................................
20
21.
Registered Haulers to Provide Recyclable Removal Service
for
Commercial, Municipal and Institutional Establishments and
Properties........................................................................................
21
22.
Registered Haulers Not to Accept Unlawfully Disposed-of
Recyclables.....................................................................................
21
23.
Unlawful to Terminate Services of Registered Hauler for
Compliance
With this Ordinance.......................................................................
21
24.
Registered Haulers to Provide Bulky Items Removal Service.......
22
25.
Complaints.....................................................................................
22
26.
Community Oriented Charitable Activities...................................
22
PART IV – MISCELLANEOUS PROVISIONS
27.
Damage, Misuse or Replacement of Recycling Containers...........
22
28.
Non-Interference with Existing Contracts.....................................
23
29.
Violation and Penalty.....................................................................
23
30.
Severability.....................................................................................
24
31.
Repealer..........................................................................................
24
32.
Effective Date................................................................................
25
WHEREAS, the
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the
1. SCOPE
This Ordinance shall govern and control all aspects of the
collection, storage, transportation, processing, and disposal of municipal
waste, and recycling, in the
ORDINANCE NO. 144
2. PURPOSE
This Ordinance is being enacted in order to establish a
program for the collection, storage, transportation, processing and disposal of
municipal waste, to implement a recycling program, including mandatory source
separation and separate collection of designated recyclable materials, in order
to return valuable materials to productive use, to conserve energy, and to
protect capacity at municipal waste processing and disposal facilities.
3. DEFINITIONS
As used in this Ordinance, the following terms shall have the meaning
indicated:
A.
“Agent” – one who performs an act for his immediate family or for another
person gratuitously (without any form of monetary or material compensation
therefore).
B.
“Aluminum Cans” – empty, all-aluminum beverage and food
containers.
C.
“Applicant” – a person desirous of being licensed as a hauler or of being
issued a
recyclable collections permit, as the case may be.
D.
“Authorized Collector” – a licensed hauler (as defined herein); or a
person who, being so authorized by the terms of this Ordinance, removes
municipal waste or recyclables from his own premises, as owner of the building
or commercial, municipal or institutional establishment or community activity
conducted therein, or as an agent (as defined herein) of another person.
E.
“Bi-metallic Cans” – empty food or beverage containers consisting of both
steel and aluminum.
F.
“TOWNSHIP” –
G.
“Composting” – The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield a
humus-like product.
H.
“Composting Facility” – A facility using land for processing of municipal
waste by composting.
ORDINANCE NO. 144
Page 4
J.
“Commercial” – of or pertaining to any wholesale, retail, industrial,
manufacturing, transportation, or financial or professional service or office
enterprise, business, or establishment.
K.
“Community Activity” – an activity or event sponsored or organized by a
public or private nonprofit organization for recreational, educational,
cultural, or civic purposes, which may be attended by 200 or more members of the
public, whether or not an entrance or participation fee is charged therefore.
L.
“Corrugated Paper” – structural paper material with an inner core shaped
in rigid parallel furrows and ridges, of the type normally used to make
packaging cartons and boxes.
M.
“Curbside Collection” – a method of collection of residentially generated
recyclables by which the owners or occupants of certain residential properties
may dispose of their recyclables by placing them at curbside, at times
designated by licensed authorized collectors, for collection and removal by an
authorized collector thereof for delivery to a recycling center.
N.
“Disposal” – the incineration, deposition, injection, dumping, spilling,
leaking, or placing of municipal waste into or on the land or water in a manner
such that the municipal waste or a constituent thereof enters the environment,
is emitted into the air, or is discharged to the waters of the Commonwealth of
Pennsylvania.
O.
“Disposal Area” – any site, location, area, building, structure, transfer
station, or premises to be used for municipal waste disposal.
P.
“Garbage” – all putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Q.
“Glass Containers” – all empty food and beverage jars or bottles made
from silica or sand, soda ash, and limestone, the product being transparent or
translucent (either clear, green or brown), excluding, however, blue glass, flat
glass, plate, glass commonly known as “window glass”, automotive glass, and
ceramic and porcelain products.
ORDINANCE NO. 144
Page 5
R.
“High-Grade Office Paper” – any white paper other than newsprint,
magazines, or other chemically coated paper or corrugated paper, of the type
commonly used for letter-writing stationery, note paper, plain paper
photocopying machines, computer printers, and other general-purpose paper,
whether or not any printed or written matter is contained thereon.
S.
“Institutional” of or pertaining to any establishment engaged in service
to persons including, but not limited to, hospitals, nursing homes, orphanages,
schools, universities, churches, and social or fraternal societies and
organizations.
T.
“Landlord” – the owner of residential property, or such
owner’s authorized agent.
U.
“Leaf Waste” – leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
V.
“Leaf Composting Facility” – a facility for composting vegetative
material, including leaves, garden residue and chipped shrubbery and tree
trimmings. The term does not include
a facility that is used entirely or partly for composting grass clippings.
W.
“Licensed or Registered Hauler” – a person licensed by or registered with
the
X.
“Magazines” – printed matter, also known as “periodicals”, containing
miscellaneous written prices published at fixed or varying intervals, printed on
glossy or chemically coated paper.
Expressly excluded are newspapers and all other paper products of any nature
whatsoever.
Y.
“Multi-Family Housing Property” – a type of residential property either
under single ownership or organized as a condominium or cooperative form of
housing, which contains four or more dwelling units.
Z.
“Municipal” – of or pertaining to any office or other property under the
control of any branch or arm of the Federal Government of the United States of
America, the Commonwealth of Pennsylvania, or any political sub-division of the
Commonwealth of Pennsylvania including, but not limited to the Township of
Kennett, any counties, cities, Townships, and municipal authorities.
ORDINANCE NO. 144
AA.
“Municipal Waste” – any garbage, refuse, industrial lunchroom or office
waste and other material including solid, liquid, semisolid, or contained
gaseous material, resulting from operation of residential, municipal commercial,
or institutional establishments and from community activities, and any sludge
not meeting the definition of “residual or hazardous waste” as defined in the
Pennsylvania Solid Waste Management Act from a municipal, commercial or
institutional water supply treatment plant, waste water treatment plant or air
pollution control facility. The term
does not include source – separated recyclable materials.
BB.
“Newspaper” – paper of the type commonly referred to as “newsprint” and
distributed at fixed or stated intervals, usually daily or weekly, having
printed thereon news and opinions and containing advertisements and other
matters of public interest. The term
“newspaper” expressly excluded magazines, glossy or other chemically coated
paper, office paper, and any other paper products of any nature.
CC.
“Open Burning” (Fire) – a fire in which any solid waste is burned in the
open or in a receptacle other than a furnace or an incinerator permitted by the
Pennsylvania Department of Environmental Protection.
DD.
“Person” – any individual, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority, Federal
Government of agency, State institution or agency, 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 fine, imprisonment or
penalty, or any combination of the foregoing, the term “person” shall include
the officers and directors of any corporation or other legal entity having
officers and directors.
EE.
“Plastic Containers” – empty plastic food and beverage containers, the
specific types of which are PET (soft drink bottles) and HDPE (milk and water
jugs, detergent and shampoo bottles) to be designated by resolution of the
Township Council.
FF.
“Processing” – any technology used for the purpose of reducing the volume
or bulk of municipal waste, or any technology used to convert part or all of
such waste materials for off-site reuse.
Processing facilities include, but are not limited to, transfer stations,
composting facilities, and resource recovery facilities.
ORDINANCE NO. 144
Page 7
GG.
“Recyclable Collection Permittee” – a person authorized by the Township,
through the issuance of a permit therefore, to collect, transport, and dispose
of recyclables exclusively (and not municipal waste) for persons other than
himself, his immediate family, or persons for whom he is acting as an agent (as
defined herein).
HH.
“Recyclables” – Materials designated as recyclable in this Ordinance, or
required by the terms of this Ordinance, any Amendment hereto or designated by
Resolution of the Township to be kept separate from municipal waste and
recycled, including leaf waste.
II.
“Recycling” – the collection, separate maintenance, recovery, and sale or
reuse of recyclables which would otherwise be disposed of or processed as
municipal waste, or the mechanized separation and treatment of municipal waste
(other than through combustion) and creation and recovery or reusable materials
other than a fuel for the operation of energy.
JJ.
“Recycling Center” – a facility designed to, and which does, act as a
collection center for the processing, storage, and shipment of recyclables.
The term specifically excludes transfer stations and landfills for solid
waste and composting facilities and resource recovery facilities; and
specifically excludes charitable organizations that accept recyclables for
collection but do not process such recyclables.
KK.
“Residential” – of or pertaining to any dwelling unit used as a place of
human habitation and which is not commercial, municipal, institutional, or a
community activity. Home occupations
incidental to be residential use within a building are considered “residential”.
LL.
“Rubbish” – solid waste exclusive of garbage, (e.g. non-recyclable glass,
metal, paper or plastic) and non-compostable plant material, wood or
nonputrescribe solid waste.
MM.
“Steel Cans” – empty food or beverage containers made of steel, tin-coated
steel, or other ferrous metal food or beverage containers.
NN.
“Storage” – the containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such municipal waste.
It shall be presumed that the containment of any municipal waste in
excess of one year constitutes disposal.
This presumption can only be overcome by clear and convincing evidence to
the contrary.
ORDINANCE NO. 144
Page 8
OO.
“Transportation” – the off-site removal of any municipal waste at any
time after generation thereof.
PP.
“Waste” – a material whose original purpose has been completed and which
is directed to a disposal or processing facility or is otherwise disposed of.
The term does not include source-separated recyclable materials or
material approved by the Commonwealth of Pennsylvania Department of
Environmental Resources for beneficial use.
QQ.
“Yard Waste Composting Facility” – a facility that is used to compost
grass clippings, including a facility that is used to compost leaf waste.
4. DUMPING/LITTER
It shall be unlawful for any person to store, dump,
discard, or deposit, or to permit the storage, dumping, discarding, or
depositing of, any municipal waste or recyclables upon the surface of the ground
or underground within the Township, except in proper containers for purposes of
storage or collection, and except where the waste or recyclables are of such
size or shape as not to permit their being placed in such containers.
It shall be unlawful for any person to dump or deposit any municipal
waste or recyclables in any stream or body of water, or on or near any public or
private right-of-way within the Township.
Every owner of property or occupant thereof responsible for
such property’s day-to-day operation or maintenance shall pick up and discard in
an appropriate receptacle any municipal waste, recyclables, or other debris
deposited or accumulated on the sidewalk or gutter in front of or adjacent to
such property. All owners or
operators of commercial, industrial, institutional and municipal establishments
in the Township shall take all reasonable precautions to prevent the deposition
and accumulation of debris in front of their premises, and in furtherance of
that end, may place appropriate waste containers on the sidewalks in front of or
adjacent to their premises at a point which will not create a hazard to traffic
or pedestrians. Any such receptacles
so placed shall be emptied on a regular basis and maintained in a neat and clean
appearance.
Nothing contained herein shall prohibit a farmer from
carrying out the normal activities of his farming operations, including
composting and spreading of manure or other farm-produced agricultural waste,
provided such activities are conducted in accordance with all applicable laws,
rules and regulations.
ORDINANCE NO. 144
Page 9
5. PREPARATION AND
STORAGE OF MUNICIPAL WASTE
The storage of all municipal waste shall be practiced so as
to prevent the attraction, breeding, or harborage of insects of rodents and to
prevent conditions which may create potential hazards to the public health or
which may create fire and other safety hazards, odors, unsightliness, or public
nuisance.
Any person accumulating or storing municipal waste on
private or public property in the Township for any purpose whatsoever shall
place the same, or cause the same to be placed, in sanitary closed or covered
containers in accordance with the following standards:
A.
Containers used for the storage of municipal waste shall
be of metal, plastic or fiberglass construction; rust and corrosion resistant,
equipped with lids and waterproof.
B.
All garbage shall be drained of excess liquids and
wrapped in paper or be placed in plastic bags before being placed in the waste
storage containers described above, and all ashes shall be free of any burning
material before being deposited for collection.
C.
No person, except the occupant of the property on which
a waste container is placed, an authorized license hauler, and any authorized
employees shall remove the lids of the container and/or remove the contents
thereof.
D.
All hazardous waste, including but not limited to waste
of a highly infectious or contagious waste, shall not be stored for ordinary
collection, but shall be specially disposed of in accordance with the directions
of the Township or of any State or Federal authority having jurisdiction
thereof.
E.
Bulk containers shall not be permitted to overflow or to
have waste strewn or left about them on the ground.
A violation of this provision shall be deemed a violation of this
Ordinance by the person on whose property the bulk container is located, if it
is located on private property.
6. REQUIRED
COLLECTION AND REGULATION THEREOF
All owners of property within the Township shall provide
for the regular preparation, for removal of all municipal waste generated at
such properties in one of the approved manners set forth herein.
ORDINANCE NO. 144
Page 10
If a person or establishment (being so authorized by the
terms hereof) collects and removes their own municipal waste, they shall do so
at a minimum every fourteen (14) days or at shorter intervals, in order to
prevent odors, vectors or accumulations of refuse or garbage that are unsafe,
un-sightly, or potentially harmful to the public health.
. Upon request by the Township all persons or
establishments shall present proof
adequate in the judgment of the Township
designee that any municipal waste so removed shall be disposed of
in accordance with the requirements of this Ordinance and the Rules and Regulations of the Pennsylvania
Department of Environmental Protection.
Every owner or occupant of residential property and every
other person who, or establishment which, does not collect and remove their own
municipal waste, as aforesaid, shall use the collection service provided by the
Township contract haulers or alternative contract with a registered hauler for
the regular, scheduled curbside collection and removal of the municipal waste at
least once every fourteen (14) days.
Municipal waste shall be prepared for collection and be collected and removed
from such persons’ or establishments’ properties at least once every fourteen
(14) days, except where conditions beyond the control of the registered hauler
prevent it. Upon requested by
the Township all persons or establishments
shall present proof adequate in the judgment of
the Township designee that any municipal waste so removed shall be
disposed of in accordance with the requirements of this Ordinance
and the Rules and Regulations of the Pennsylvania Department of Environmental
Protection.
No person other than a registered hauler shall collect or
remove municipal waste from any other person’s property.
All agreements for collection, transportation, and disposition of
municipal waste other than the collection services provided by Township shall be
by private contract between the owner or occupant of the property where the
waste is generated and the registered hauler who is to collect such waste.
Nothing contained herein shall be deemed to prohibit any
person from hauling municipal waste on an irregular and unscheduled basis to any
facility permitted by the Commonwealth of Pennsylvania, Department of
Environmental Protection, provided that such hauling shall be in addition to,
and not in place of, the regular removal of municipal waste as required by this
section and provided that such is not in violation of any county or other
municipal law or regulation.
Nothing in this section shall modify the requirements in
this Ordinance pertaining to separation and disposal of recyclables.
Nothing in this section shall impair the ability of the Township to
provide a system of placement for removal and public collection of leaf waste,
or the Township residents to utilize such system of public collection of leaf
waste, anything herein contained to the contrary notwithstanding.
7. TRANSPORTATION
OF MUNICIPAL WASTE
ORDINANCE NO. 144
Page 11
Any person transporting municipal waste within the Township
shall prevent or remedy any spillage and leakage from vehicles or containers
used in the transport of such municipal waste.
All persons authorized to collect municipal waste shall do
so in vehicles that are provided with either closed, covered containers or which
have measures taken to prevent leakage and waste from being blown or falling
from the vehicle.
The transfer of waste from one collection vehicle to
another may not take place in the Township except on private property in those
areas of the Township designated for such transfer by the Township.
No such transfer may take place on any public right-of-way, and no such
transfer operation may block traffic, create litter, or in any other manner
constitute a nuisance, create a health hazard, or violate any other ordinance of
the Township or provision of statutory law.
8. OPEN BURNING
No person shall ignite, cause, feed, permit or maintain any
open fire for the destruction of solid waste or recyclables designated in this
Ordinance on any property under his control, except as hereinafter provided, and
except as permitted and regulated by Township Ordinance No. 133.
Exceptions to Open Burning Prohibition
a.
Open fires may be set in the performance of an official
duty of any public officer if the fire is deemed necessary for the prevention of
a fire hazard, which cannot be abated otherwise; and for the protection of
public health.
b.
Limited Burning of Yard Waste – burning of yard waste
generated from natural disasters, emergency conditions, or for the prevention
and control of disease or pests, that is necessary to protect public health and
safety. Such burning will require
the approval of the Township Fire Marshal.
c.
No open burning shall occur during any fire ban
emergency declared pursuant to the provisions of the appropriate Township
Ordinance.
9. PUBLIC LITTER
BASKETS
The Township is hereby authorized to provide for collection of
municipal waste from Township property, to provide public litter baskets on
sidewalks in the Township, and to dispose of such waste in either a receptacle
of a registered hauler or at designated disposal sites.
ORDINANCE NO. 144
Page 12
10.
COLLECTORS TO FURNISH NAME AND ADDRESS OF PROPERTY OWNERS
Upon direction from the Township, each registered collector
shall furnish to the Township, on a form to be provided therefore, the name and
address of all owners of properties being serviced by such collector.
11. LEAF WASTE AND GRASS
CLIPPINGS
Unless otherwise provided for composting, all persons shall
keep leaf and grass clippings separate from each other and from all other forms
of municipal waste and separate from recyclables.
Such waste shall be set out for collection in a manner to be designated
by the Collector and shall be transported by the Collector to a leaf composting
facility operating in accordance with Pennsylvania Department of Environmental
Protection’s Regulations and Guidelines for Yard Waste Composting Facilities or
in the case of grass clippings at an appropriate Composting Facility which has
been issued a permit or is otherwise operating in accordance with all rules,
regulations and guidelines of the Pennsylvania Department of Environmental
Protection. Nothing herein shall
require any person to gather leaf waste or grass clippings or prevent any person
from utilizing leaf waste for compost, mulch, or other agricultural purposes.
PART II – RECYCLING
12. SEPARATION OF RECYCLABLES
A.
Recyclables shall be kept separate from municipal waste,
to the extent required by the following provisions:
1.
Owners and occupants of all residential properties shall
keep separate the following recyclables:
clear glass containers, brown glass containers, green glass containers,
plastic containers, aluminum cans, and corrugated paper, newspapers and leaf
waste.
2.
Owners and occupants of all commercial, municipal and
institutional establishments and properties and sponsors or organizers of
community activities shall keep separate the following recyclables:
clear glass containers, brown glass containers, green glass containers,
aluminum cans, plastic containers, corrugated paper, newspapers, high grade
office paper and leaf waste.
ORDINANCE NO. 144
Page 13
3.
Additionally the Township may by Resolution enumerate
additional recyclables which will be required to be separated from municipal
waste and collected in accordance with this Ordinance.
B.
Corrugated paper shall be placed in easy-to-manage
bundles not to exceed fifty (50) pounds and kept dry.
Glass containers and aluminum cans shall be emptied and cleaned.
Aluminum cans and glass containers may be mixed together and placed in
containers supplied by the resident’s trash hauler.
High-grade office paper shall be placed in boxes not to exceed fifty (50)
pounds. Recyclables shall not be
placed in the same garbage can or other container as, or otherwise mixed with,
municipal waste for collection, removal or disposal.
Recyclables shall not be placed in plastic bags or other disposable bags
or containers made of polyethylene or other similar base.
C.
Recyclables may be set out for collection in a manner
different from the requirements in paragraph 12.B (above) if an alternative
manner is designated by the collector.
13.
DISPOSAL OR PLACEMENT FOR REMOVABLES – RESIDENTIAL (OTHER THAN
MULTI-FAMILY HOUSING PROPERTIES)
A.
For residential properties other than multi-family
housing projects, all recyclables which are required to be kept separate in
residential properties pursuant to Section 12.A, above, shall be placed at the
appropriate location on the premises to be collected at times designated by the
registered hauler or recyclable collection permittee.
The frequency of such collection shall be weekly for recyclables and
twice a year for leaf waste.
B.
The recyclables and/or leaf waste are to be collected by
a registered hauler.
14.
DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES – MULTI-FAMILY
HOUSING PROPERTIES
For multi-family housing properties, all recyclables which
are required to be kept separate from municipal waste in residential properties
pursuant to Section 13.A above, shall either be delivered to a recycling center,
or shall be picked up by a recyclable collection permittee or a registered
hauler separately from municipal waste, in a prearranged manner.
If any recyclables are picked up by a recyclable collection permittee,
then all recyclables generated at the property shall be made available to such
recyclable collection permittee for collection.
ORDINANCE NO. 144
The landlord of every multi-family housing property shall
require, by a clause in the lease or other enforceable rule or regulation that
the tenants in such property comply with the requirements of this Ordinance
governing separation and disposal or placement for removal of recyclables in
multi-family housing properties.
Every such landlord shall set up a convenient and practical collection system in
such properties for the collection, storage and regular disposal or placement
for removal of recyclables generated by the residents of such properties.
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 the aforementioned requirements relative to multi-family housing properties
shall not be liable for the noncompliance of occupants of their building.
15.
DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES – COMMERCIAL,
MUNICIPAL AND INSTITUTIONAL AND COMMUNITY ACTIVITIES
All recyclables which are required to be kept separate in
commercial, municipal, and institutional establishments and properties and
community activities pursuant to Section 12.A, above, shall either be delivered
directly to a recycling center, or shall be picked up by a recyclable collection
permittee or a registered hauler separately from municipal waste, in a
prearranged manner. If any
recyclables are picked up by a recyclable collection permittee, then all
recyclables generated at the property shall be made available to such recyclable
collection permittee for collection.
Commercial, municipal, and institutional establishments and community activities
shall not place recyclables within the public right-of-way for curbside
collection, such curbside collection being intended solely for the placement of
recyclables generated in residential properties other than multi-family housing
properties.
16.
RECYCLING REPORTS FOR RESIDENTIAL AND MULTI-FAMILY HOUSING
PROPERTIES, COMMERCIAL, MUNICIPAL AND INSTITUTIONAL ESTABLISHMENTS AND COMMUNITY
ACTIVITIES
A.
Every commercial, municipal and institutional
establishment and community activity sponsor shall complete a form to be
designated “Recycling Report”, to be provided by the Township, which shall
indicate where the property’s recyclables were delivered.
Such report shall provide information on the type and amount of each
material recycled, along with such other information as may be required by
Resolution of the Township.
ORDINANCE NO. 144
Page 15
B.
The “Recycling Report” and all weigh slips obtained from
the facility or facilities to which the recyclables were delivered shall be
submitted quarterly to the Township.
For purposes of submitting such weigh slips and Recycling Reports quarterly to
the Township, the Collector who removed the recyclables from the property shall
be the agent for any person occupying a residential dwelling unit, any landlord,
and any operator of a commercial, municipal and institutional establishment or
the sponsor of any community activity and shall be responsible for completing
and submitting such to the Township.
Each such quarterly report shall be submitted on or before the last day of the
first month of each quarter, for the preceding quarter.
Quarters shall run on a calendar year basis, thus:
January through March; April through June; July through September; and
October through December.
17. COLLECTION BY UNAUTHORIZED
PERSON
From the time of placement for collection of residentially
generated recyclable items for collection in accordance with the terms of this
Ordinance, the items shall be and become the property of the Township or its
authorized agent. It shall be
violation of this Ordinance for any person unauthorized by the Township to
collect or pick up or cause to be collected or picked up any such items.
Any and each such collection in violation hereof from one or more
locations shall constitute a separate and distinct offense punishable as
hereinafter provided.
It shall be unlawful for a person to collect, remove, or
dispose of municipal waste which contains recyclables required by that person to
be separated.
18. PRESUMPTION OF OWNERSHIP OF
MUNICIPAL WASTE
The presence of any articles containing a person’s name among
municipal waste or recyclables shall create a rebuttable presumption, for
purposes of this Ordinance, that said municipal waste or recyclables are the
property of the person whose name is found therein.
This presumption can only be rebutted by clear and convincing evidence to
the contrary.
ORDINANCE NO. 144
PART III – COLLECTOR’S DUTIES
19. AUTHORIZATION OF COLLECTORS
It shall be unlawful for any person, other than such
persons as are duly authorized by the Township, to collect and to transport
municipal wastes of any nature or recyclables within or from the Township.
Authorization shall be given only as set forth below.
Authorization to collect, transport, and dispose of municipal waste or
recyclables for persons other than one’s self or for whom one is acting as an
agent (as defined in this Ordinance) may be given only by the Township through
the issuance of a “Hauler’s Registration” or a “Recyclable Collection Permit”.
A person who collects recyclables only shall apply for and obtain a
Recyclable Collection Permit. A
person who collects municipal waste exclusively or in addition to recyclables
shall apply for and obtain a Hauler’s Registration.
All registered haulers and recyclable collection permittees
shall have an affirmative duty to follow and conduct themselves in accordance
with their current registration or permit, and to service each of their
customers in accordance with the requirements of this Ordinance, any failure of
which shall be a violation of this Ordinance.
All applications for such registrations or permits shall be
evaluated and approved in accordance with the following criteria:
A.
Hauler’s Registration:
1.
Hauler’s Registration may be issued only to those
persons who can comply with the provisions and intent of this Ordinance.
2.
Applicants for Hauler’s Registration must furnish the
following information on a form to be prescribed and provided
therefore by the Township.
a.
The name, address, and telephone number of the hauler
making application.
b.
The vehicle registration number, state of registration,
and the make, model and size of each vehicle to be used for collection and
hauling.
c.
A list of all of the applicant’s current customers in
the Township, upon demand made for the same by the Township.
ORDINANCE NO. 144
Page 17
d.
A certificate of the applicant’s insurance coverage
certifying the maintenance by the applicant of complete third-party
comprehensive and liability insurance covering bodily injury and property
damage, the limits of which shall be not less than $500,000/$1,000,000 for
bodily injury and $50,000 for property damage.
e.
A certificate of the applicant’s Workmen’s Compensation
Insurance as required by law.
f.
Any and all additional information which the Township
may request and deem necessary prior to the issuance of a registration.
3.
The Township may deny a Hauler’s Registration for any of
the following reasons:
a.
If the applicant’s license has previously been revoked
or suspended.
b.
If the applicant has violated, or is violating any
Ordinance of the Township, the Solid Waste Management Act, the Municipal Waste
Planning, Recycling and Waste Reduction Act, or any regulations of the
Department of Environmental Protection relating to the environment and to solid
waste, or has been convicted of any such violation.
c.
If the applicant has any uncollected judgments filed
against him resulting from lawsuits filed against him by any customer.
d.
Where, in the Township or elsewhere, the applicant has
failed to fulfill his duties as a municipal waste collector in general, or in
particular has failed to pick up municipal waste in a workmanlike manner or on a
regularly scheduled basis.
4.
Hauler’s Registration shall be issued on a calendar year
basis, but may be revoked at any time by the Township in accordance with the
following:
a.
Failure of the registrant to furnish and provide
collection and disposal of municipal waste and recyclables in accordance with
the terms of this Ordinance and the conditions under which the registration was
issued.
ORDINANCE NO. 144
Page 18
b.
Administrative Proceedings:
(1)
In case of violating or failure to comply with the
provisions of this section, the Township shall give the registrant an
opportunity for a hearing thereon.
Any registrant so entitled to a hearing shall have ten (10) days after notice of
his right to a hearing is given to him pursuant to this section within which to
request such a hearing in writing.
Failure of the registrant to so request a hearing shall be deemed to constitute
an admission of the violation with which he is charged and which forms the basis
of the revocation of his license. In
case the licensee does request a hearing in accordance with this section, a
hearing shall be scheduled before the Township and the registrant given ten (10)
days’ written notice of the time and place of the hearing at which he may appear
and answer the charge.
(2)
Upon determination that a violation did occur, the
Township may issue a warning or may revoke the registration.
c.
The issuance of a Hauler’s Registration under this
section does not grant a vested right to any collector to a continued right to
haul or collect municipal waste and recyclables in the Township, and the
Township reserves the right to contract for municipal waste and recycling
services or to initiate the public collection of municipal waste and/or
recyclables.
5.
Conditions relating to Hauler’s Registrations:
a.
Number of Vehicles:
Persons receiving a Hauler’s Registration shall not use more vehicles for
the collection and hauling of municipal waste and recyclables within the
Township than the number of vehicles listed on the application and approved on
the registration issued. A
registration applies only to the vehicles listed thereon.
If required by the Township, the window stickers issued with the license
must be affixed only to those vehicles listed on the registration, and may not
be transferred to any other vehicle not listed on the license.
Any change in the listed vehicles as reported in the application for
registration must be reported to the Township at least five (5) days prior to
the date such a change will take place except in an emergency, provided the
Township is promptly notified thereof.
ORDINANCE NO. 144
Page 19
The use of a temporary replacement vehicle by reason of the
withdrawal of a vehicle from service for scheduled or unscheduled maintenance
shall not require modification of the registration, but shall be reported to the
Township immediately by the collector.
b.
Signs:
(1)
If required by the Township, the registrant shall have
the window sticker issued for each vehicle with the registration displayed on
the vehicle for which it is issued at the time the registration is issued.
(2)
The registered hauler shall have placed on the doors or
each side of the body of each vehicle the name of the hauler, the telephone
number of the hauler’s office or headquarters, and the type of waste being
transported therein (or, if recyclables are being transported therein, then such
to be indicated). The size of such
lettering shall be no less than six (6) inches in height and clearly legible.
Vehicles shall be so marked within ten (10) days after the commencement
of their use in the Township.
c.
The registered hauler shall be responsible for
maintaining such vehicle use for collection in the Township in good operating
condition to assure that the schedule of collections can be maintained.
The vehicles must be kept clean and painted so as to present a favorable
appearance. The Township shall have
the right to inspect all vehicles prior to the issuance of a registration and
during the period the registration is in effect.
d.
The registered hauler shall be responsible for the
manners in which his employees perform work pertaining to collection, hauling
and disposal of municipal waste and recyclables under the terms of this
Ordinance.
e.
The registered hauler shall comply with the limitations
on hours and frequencies of collection set forth in Sections 6, 15, and 25 of
this Ordinance.
ORDINANCE NO. 144
Page 20
f.
The registered hauler shall pay all costs charged for
the use of any disposal facilities, which he utilizes.
g.
The registered hauler shall empty bulk containers (such
as dumpsters), which have been provided by them to their customers, when such
bulk containers become full.
B.
Recyclable Collection Permit:
No person who is not a “registered hauler” as defined in
this Ordinance shall collect, transport, or dispose of recyclables for any
persons other than himself or for whom he is acting as an agent (as defined in
this Ordinance) unless he has applied for and obtained a valid Recyclable
Collection Permit authorizing such activity.
Applications for such permit shall be made by submission to the Township
of a form to be prescribed therefore, completed by the applicant.
Recyclable Collection Permits shall be obtained annually and issued on a
calendar year basis.
As a condition of issuance of a Recyclable Collection
Registration, all recyclable collection registrants shall be required to take
all of the recyclable material, which they collect, from their customers to a
recycling center.
20.
REGISTERED HAULERS TO PROVIDE RECYCLABLE REMOVAL SERVICE FOR
RESIDENTIAL PROPERTIES
Every hauler, as a precondition to being registered to do business within
the Township, shall be required to provide to its residential customers the
service of removing recyclables from their properties at the curbside (within
the public right-of-way). Any such
recyclables so removed by registered haulers shall be kept separate from
municipal waste, and shall be taken to a recycling center for the purpose of
recycling. Registered haulers shall
take all of their customers’ recyclable materials to a recycling center for the
purpose of recycling.
ORDINANCE NO. 144
Page 21
21.
REGISTERED HAULERS TO PROVIDE RECYCLABLE REMOVAL SERVICE FOR
COMMERCIAL, MUNICIPAL AND INSTITUTIONAL ESTABLISHMENTS AND PROPERTIES
Every hauler, as a precondition to being registered to do business within
the Township, shall be required to provide to its commercial, municipal,
institutional and multi-family housing property customers the service of
removing recyclables from their properties.
Any such recyclables so removed by registered haulers shall be kept
separate from municipal waste and shall be taken to a recycling center for the
purpose of recycling. Registered
haulers shall take all of their customers’ recyclable materials to a recycling
center for the purpose of recycling.
22.
REGISTERED HAULERS NOT TO ACCEPT UNLAWFULLY DISPOSED-OF RECYCLABLES
No registered hauler shall accept, pick up, or remove any
bag or other container of municipal waste which the hauler knows, or has reason
to believe, contains recyclables required to be separated, combined with
municipal waste. Upon discovery of
such recyclables combined with municipal waste placed at curbside or otherwise
placed for pickup, the hauler shall affix a tag or sticker to the container
containing the recyclables (which tag or sticker will be provided by the
Township), retain a duplicate for his records, and deliver a triplicate to the
designated office of the Township within 48 hours.
When the hauler utilizes and tag or sticker pursuant to this section, he
shall fill in the information requested thereon, including the address at which
the container is located and the reason which led him to know or believe the
container contained recyclables (e.g. he saw newspaper or he heard bottles
rattling). The hauler shall leave
such container with the tag or sticker placed thereon where he found it.
23.
UNLAWFUL TO TERMINATE SERVICES OF REGISTERED HAULER FOR COMPLIANCE
WITH THIS ORDINANCE
No person shall terminate the services of a registered hauler because of
such hauler’s compliance with the requirements set forth in Section 22 above.
ORDINANCE NO. 144
Page 22
24. REGISTERED HAULERS TO
PROVIDE BULKY ITEMS REMOVAL SERVICE
All registered haulers doing business within the Township
shall make available to their customers the service of removal of “bulky items”
not less frequently than once per year.
25. COMPLAINTS
All complaints regarding collection of recyclables or solid
waste shall initially be reported to the authorized Collector.
Any reasonable complaint shall be given prompt and courteous attention by
the authorized Collector. In the
case of missed collection, the authorized Collector shall collect from the
missed collection site not later than twenty-four (24) hours after the complaint
is received. Any complaint which the
authorized Collector fails to resolve shall be reported in writing to the
Township.
26. COMMUNITY ORIENTATED
CHARITABLE ACTIVITIES
Nothing contained herein shall impair or prohibit any
recognized civic, fraternal, charitable or benevolent organization, association
or society from undertaking or sponsoring voluntary programs or projects
involving the collection of recyclables from the public.
Any such collection activity can only occur prior to the recyclable
material being placed at curbside or similar location for collection by an
authorized Collector. Prior to
initiating such activity the organization shall obtain authorization from the
Township.
Nothing herein shall be deemed to prohibit any person from
donating or selling any recyclables to individuals or organizations unless or
until such recyclables are placed at curbside or similar location for collection
by an authorized Collector.
27. DAMAGE, MISUSE OR
REPLACEMENT OF RECYCLING CONTAINERS
The Township shall initially provide recycling containers
to each person participating in the recycling program.
The recycling containers provided by the Township shall remain the
property of the Township and shall be used solely for the specific use of
storage of designated recyclable materials by participants and for no other
purpose.
Each participant shall be responsible for obtaining and
maintaining any recycling container required after initial issuance by the
Township.
ORDINANCE NO. 144
It shall be a violation of this Ordinance for any person to
damage, misappropriate, or use for any purpose other than that set forth above
such recycling containers. Each such
action in violation hereof shall constitute a separate and distinct defense
punishable as hereinafter provided.
28. NON-INTERFERENCE WITH
EXISTING CONTRACTS
A.
Nothing contained in this Ordinance shall be construed
to interfere with or in any way modify the provisions of any existing contracts
which are in force in the
B.
No renewal of any existing contract upon the expiration
of the original term thereof and no new contract for the collection, storage,
transportation, processing and disposal of recyclables shall be entered into
after the effective date of this Ordinance, unless such renewal or such contract
shall conform to the requirements of this Ordinance.
29. VIOLATION AND PENALTY
A.
No person shall violate any portion of this Ordinance.
B.
Prosecution under this Ordinance shall be instituted by
any Township official, and shall be filed in the name of
C.
Enforcement shall be by an action brought before a
District Justice in the same manner as provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure.
The Township solicitor may assume charge of the prosecution without the
consent of the District Attorney as required under Pa.R.Crim.P. No. 454(c)
(relating to trial in summary cases).
D.
Any person violating any of the provisions of this
Ordinance shall, upon conviction thereof by any of District Justice, be
sentenced to pay a fine of not less than fifty ($50.00) dollars nor more than
one hundred ($100.00) dollars, together with costs, for the first violation, not
less than one hundred ($100.00) dollars nor more than five hundred ($500.00)
dollars, together with costs, for the second, and up to one thousand ($1,000.00)
dollars, together with costs, for subsequent violations.
Each day that a violation exists shall constitute a separate offense.
In default in the payment of any fine imposed hereunder, the defendant
shall be sentenced to jail for a period not exceeding ninety (90) days.
ORDINANCE NO. 144
Page 24
E.
All fines and penalties collected for any violation of
this Ordinance shall be paid to the Township Treasurer.
F.
In addition to or in lieu of an enforcement action
before a District Justice, the Township may enforce this ordinance in equity.
In the event an abatement notice has been issued, which is being
violated, or in any other appropriate circumstance, any Township official is
hereby authorized on behalf of the Township to institute an action in equity for
an injunction to enforce compliance herewith and/or to restrain continuous
violations of this Ordinance.
G.
For purposes of this section, the doing of any act or
thing prohibited by any provision of this Ordinance, or the failure to do any
act or thing as to which any provision of this Ordinance created an affirmative
duty, shall constitute a violation of the Ordinance, punishable has herein
stated.
30. SEVERABILITY
The provisions of this Ordinance are severable, and if any
section, clause, sentence, part or provision thereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction, such
decision of the court shall not affect or impair any of the remaining sections,
clauses, sentences, parts or provisions of this Ordinance.
It is hereby declared to be the intent of the Board that this Ordinance
would have been adopted if such illegal, invalid, or unconstitutional section,
clause, sentence, part or provision had not been included herein.
31. REPEALER
This Ordinance repeals the previously enacted Ordinance No.
193, and any other Ordinance or part thereof with which it may conflict.
ORDINANCE NO. 144
32. EFFECTIVE DATE
This Ordinance shall become effective fifteen (15) days from the date of
enactment.
ENACTED AND ORDAINED this 15th day of December 2008.
BOARD OF SUPERVISORS
ATTEST:
_____________________________
Robert A. Hammaker
______________________
Lisa M. Moore - Secretary-Treasurer
________________________________
________________________________
Michael E. Elling