Township of Swatara, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Swatara as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 169.
244a Recycling Regulations
[Adopted 9-14-1989 by Ord. No. 1989-6 (Ch. 20, Part 1, of the 1990 Code)]

§ 244-1 Title.

This article shall be known as the "Swatara Township Solid Waste Ordinance."

§ 244-2 Purposes.

The purposes of this article are:
A. 
To provide for the health, safety and welfare of the residents of Swatara Township by insuring the safe and effective management of solid waste materials.
B. 
To establish a program of regulation over the storage, treatment, processing, and disposal of solid waste materials in Swatara Township.
C. 
To implement the provisions of the disposal agreement of September 22, 1988, between the York County Solid Waste and Refuse Authority and Swatara Township.

§ 244-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ACCEPTABLE WASTE
That portion of solid waste which can be processed and has characteristics such as that collected and disposed of as part of normal municipal collection of solid waste in the Township, such as, but not limited to, garbage, trash, rubbish, paper and cardboard, plastics, refuse, offal, beds, mattresses, sofas, bicycles, baby carriages, automobile or small vehicle tires to the extent the air emission criteria of the facility shall not be violated as a result of processing such tires, as well as portions of commercial and industrial solid waste which may be processed, and wood and lumber, tree limbs, ties, logs and trees if no more than six feet long and/or six inches in diameter, branches, leaves, twigs, grass and plant cuttings; excepting, however, dead animals and other than insignificant amounts of cesspool and other human waste remains, offal from slaughterhouses and wholesale food processing establishments. If any governmental agency or unit having appropriate jurisdiction shall determine that any wastes which are not included, as of the contract date, within this definition of acceptable waste because they are considered harmful, toxic or dangerous to public health and welfare are not considered harmful, toxic or dangerous, then such wastes shall be acceptable waste for purposes of this agreement unless otherwise excluded under the definitions of "unacceptable waste" or "hazardous waste."
AGREEMENT
The disposal agreement between the York County Solid Waste and Refuse Authority and Swatara Township, dated September 22, 1988, and any written amendments to this agreement executed by the parties.
ASHES
The residue resulting from the burning of wood, coal, coke or other combustible material.
AUTHORITY
The York County Solid Waste and Refuse Authority, or its replacement or successor.
COLLECTOR
A person or persons, individual, organization, group, association, partnership, firm or corporation, or other legal entity, collecting and disposing of solid waste, garbage, rubbish, refuse, or any other form of solid waste from residential or from nonresidential properties under the terms and conditions of this article; "collector" shall also be a hauler under the terms of the agreement.
[Amended 7-14-2010 by Ord. No. 2010-3]
DAY
A twenty-four-hour period of time, beginning at 12:01 a.m., in the Eastern time zone of the United States, coinciding with the calendar day, whether or not a Saturday, Sunday or legal holiday.
DISPOSAL
The storage, collection, disposal or handling of solid waste and refuse.
DWELLING UNIT
One or more rooms in a residence or dwelling, which room or rooms have fixed cooking facilities, arranged for occupancy by one, two or more persons living together.
[Added 7-14-2010 by Ord. No. 2010-3]
FACILITY
The Solid Waste Resource Recovery Facility of the York County Solid Waste and Refuse Authority and shall include the buildings and all equipment located or to be located on the facility site.
FACILITY SITE
The real property located in York County containing, inter alia, the facility and specifically located (address).
GARBAGE
All animal and vegetable waste resulting from the handling, preparation, cooking, or consumption of foods.
HAZARDOUS WASTE
Any material or substance which, as of the contract date and by reason of its composition or characteristic, is a) toxic or hazardous waste as defined in either the Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq., as replaced or amended, and the regulations thereunder, or in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq., as replaced or amended, and the regulations thereunder; or b) special nuclear or by-products material within the meaning of the Atomic Energy Act of 1954.[1] If any governmental agency or unit now or hereafter having appropriate jurisdiction shall determine that substances which were not, as of the contract date, considered harmful, toxic or dangerous, are harmful, toxic or dangerous, then such substances shall be hazardous waste for the purposes of this agreement as of the effective date of such determination.
LANDFILL
Any landfill(s), or other disposal facility(ies) permitted to operate under all applicable laws of the jurisdiction in which said landfill or disposal facility is located.
LICENSED COLLECTOR
A collector issued a written authorization to operate a waste transportation vehicle by the Department of Environmental Protection of the Commonwealth of Pennsylvania pursuant to the provisions of the Waste Transportation Safety Act, 27 Pa.C.S.A. § 6201 et seq.
[Added 7-14-2010 by Ord. No. 2010-3]
PERSON
Any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization, or any government or public agency or political subdivision thereof, or any authority or agency thereof.
RECEIVING TIME
The period of operation for the facility consisting of 12 hours from 6:00 a.m. until 6:00 p.m. on each business day.
REFUSE
All solid waste except body wastes and shall include garbage, ashes, and rubbish.
RUBBISH
Glass, metal, paper, plant growth, wood, or nonputrescible solid waste; bulky rubbish shall include discarded furniture, large household appliances such as refrigerators, washing machines, bath tubs, sinks, and commodes.
SOLID WASTE
All materials or substances that, as of the contract date or any subsequent date, were generally discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including garbage, refuse, industrial and commercial waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous materials, incinerator residue, demolition and construction debris and offal; excluding sewage and other highly diluted water-carried materials or substances, material and substances in gaseous form and hazardous waste.
TOWNSHIP CONTRACTED COLLECTOR
A person or persons, individual, organization, group, association, partnership, firm or corporation, or other legal entity, which has entered into a contract with Swatara Township to collect, recycle and dispose of acceptable solid waste on a Township-wide basis.
[Added 7-14-2010 by Ord. No. 2010-3]
UNACCEPTABLE WASTE
That portion of solid waste that is not acceptable waste and which is predominantly noncombustible, including metal furniture and appliances, concrete rubble, mixed roofing materials, noncombustible building debris, rock, gravel and other earthen materials, large automotive vehicle parts, engines, blocks and transmissions, trailers, equipment, wire and cable, as well as hazardous waste, pathological, infectious and biological waste, sewage, sludge, explosives, chemicals and radioactive materials, or other materials which by applicable law or regulation may not be processed by the facility. If any governmental agency or unit having appropriate jurisdiction shall determine that any wastes which are not included, as of the contract date, within this definition of unacceptable waste, are considered harmful, toxic or dangerous to public health and welfare, then such wastes shall be unacceptable wastes for the purposes of the agreement.
[1]
Editor's Note: See 42 U.S.C. § 2011 et seq.

§ 244-4 Preparation of refuse and storage practices.

A. 
Refuse preparation.
(1) 
Garbage. Garbage shall be drained and stored in durable, rust-resisting, nonabsorbent, watertight, easily washable containers, equipped with handles and tight-fitting covers.
(2) 
Ashes. Ashes shall be stored in fire-resistant containers equipped with handles and tight-fitting covers. Ashes containing hot embers shall not be collected until they have been adequately quenched.
(3) 
Rubbish. Rubbish shall be stored in durable containers with tight-fitting covers. Tree trimmings, hedge clippings, old newspapers and similar material, which cannot be conveniently placed in the aforementioned containers, shall be baled, toed or sacked in compact bundles less than three feet in length and placed in a location easily accessible to the collector.
(4) 
Bulky rubbish. Bulky rubbish shall not be allowed to accumulate on any premises except in containers or storage areas which are approved by the Board of Commissioners of Swatara Township in accordance with the specifications contained in this article.
(5) 
No person shall place refuse in any street, alley or other public place, or upon any private property within the limits of Swatara Township, unless it is placed in a proper refuse container for collection. Likewise, no person shall throw or dispose of refuse in any stream or any other body of water.
(6) 
Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation or refuse within three days after the effective date of this article shall be deemed a violation of same.
(7) 
Certain materials, such as scrap lumber and fire wood, may be stored and kept on the premises, but they shall be stored so that a minimum clear space of six inches above the ground surface is provided.
B. 
Refuse storage. All refuse storage shall conform to the following standards:
(1) 
General.
(a) 
All refuse receptacles (containers) shall be provided by the owner, tenant or occupant of the premises, unless otherwise specified and shall not exceed a total weight of 60 pounds when filled.
(b) 
The storage of all refuse by residents of Swatara Township shall be practiced so as to prevent the attraction, harborage or breeding of insects and/or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness and public nuisance.
(c) 
A sufficient number of containers necessary to meet the intent of Subsection B(1)(b) shall be provided to contain all waste materials generated between regularly scheduled collections.
(d) 
Methods of use of individual containers.
[1] 
Containers shall not be filled to the point where the lid will not fit properly.
[2] 
The area around the container(s) shall be kept clean before, during, and after collection.
(2) 
Disposable containers. Disposable containers such as paper and polyethylene bags shall be acceptable for storage of refuse provided the following conditions are met:
(a) 
Only those bags specially designed for storage and collection shall be used.
(b) 
Bags are protected against precipitation, animal damage and overloading to prevent littering or attracting of vectors.
(c) 
Bags have holding strength capable of withstanding stresses until they are collected.
(d) 
Bag opening is securely closed prior to setting out for collection.
(3) 
Bulk containers. Bulk containers for commercial, industrial, and institutional refuse shall meet the general container requirements previously set forth except for size limitations. Bulk containers shall be sized according to the type and quantity of waste production, equipment handling capabilities, and the frequency of collection.
(4) 
Open storage. Certain wastes of a nondecomposable nature may be stored temporarily in a manner other than containerization.
(a) 
In order to minimize littering, magazines, newspapers, waste paper, tree prunings, brush and yard trimmings, when stored outside of containers, shall be tied securely in bundles of such size as to be readily handled by the collection system.
(b) 
Tires and outsized wastes such as furniture and appliances shall be stored so that water accumulation and rodent harborage are prevented.

§ 244-5 Collection practices.

A. 
Place of collection. For collection purposes, except where there is an agreement with the collector to the contrary, refuse containers shall be placed at ground level, on the property, not within the cartway of a street or alley and easily accessible from the side of the street or alley from which collection is made. No refuse or rubbish shall be placed at curbside or adjacent to the street or alley for collection purposes more than 24 hours before the scheduled collection day.
B. 
Frequency of collection. Refuse shall be collected:
(1) 
No less than weekly.
(2) 
Within 24 hours of collection day.

§ 244-6 Collectors.

[Amended 8-8-1990 by Ord. No. 1990-5; 9-14-1994 by Ord. No. 1994-7; 7-14-2010 by Ord. No. 2010-3]
A. 
Only a person licensed by the Department of Environmental Protection of the Commonwealth of Pennsylvania under the Waste Transportation Safety Act (27 Pa.C.S.A. § 6201 et seq.) may collect and dispose of acceptable solid waste within the territorial limits of Swatara Township, Dauphin County, Pennsylvania.
B. 
No collector nor Township contracted collector shall dispose of any acceptable solid waste collected in Swatara Township, Dauphin County, Pennsylvania, except by conveyance to the facility and facility site or to a permitted facility providing a disposal service to the York County Solid Waste and Refuse Authority at the direction of Swatara Township.
C. 
No collector nor Township contracted collector shall intermingle or mix with acceptable waste which originates within the Township's jurisdiction any other waste (acceptable or otherwise) originating outside of Swatara Township, Dauphin County, Pennsylvania. Any collector or Township contracted collector who intermingles waste which originates outside of Swatara Township with acceptable waste which originates within the Township's jurisdiction shall immediately, upon determination thereof by Swatara Township, thereafter be prohibited from collecting any acceptable solid waste within Swatara Township and shall be subject to liability for any loss occasioned to Swatara Township by virtue of such actions constituting a breach of the agreement.
D. 
No collector nor Township contracted collector shall in any event or for any reason deliver hazardous waste or unacceptable waste to the facility which was collected within the Township's jurisdiction. The Township reserves the right to make periodic and random inspection of vehicles collecting waste to determine that only acceptable waste is being collected, including requiring vehicles to dump the waste load for inspection at a designated area or otherwise inspecting a load to determine the character of any material delivered to the facility. A collector or the Township contracted collector shall also be subject to the right of the Authority to make periodic or random inspection of vehicles delivering waste to the facility, including requiring vehicles to dump the waste load for inspection at a designated area or prior to deposit into the facility pit, or to otherwise inspect any load to determine the character of any material delivered to the facility. The collection of or delivery to the facility of any hazardous waste or unacceptable waste shall constitute a violation of this article and may result in the immediate termination of the collector's ability to collect any acceptable waste within the Township's jurisdiction. The delivery of hazardous waste or unacceptable waste to the facility which was collected within the Township's jurisdiction shall also constitute a violation of this article and shall subject the collector or Township contracted collector to liability for reimbursement of Swatara Township for any costs paid by the Township to the Authority for hazardous waste required to be removed from the facility pursuant to the terms of the agreement.
E. 
Neither a collector nor the Township contracted collector shall in any manner be construed as an agent, servant or employee of Swatara Township, but shall, at all times, be considered and remain an independent contractor.
F. 
Insurance.
(1) 
Compliance with the Workers' Compensation and Social Security Acts, as amended, is deemed a requirement of collecting and disposing of solid waste under this article. A collector and the Township contracted collector shall carry workmens' compensation for all employees, in accordance with the Commonwealth of Pennsylvania workers' compensation laws, and shall provide social security coverage for employees.
(2) 
A collector or the Township contracted collector shall carry and maintain such third-party comprehensive public liability and property damage insurance, including completed operations, contractual liability, comprehensive automobile liability and property damage insurance covering not only the collector but also Swatara Township, as shall protect the collector and Swatara Township from claims for damages for personal injury, including accidental death, as well as from claims for property damages which may arise from solid waste collection under the terms and conditions of this article and the agreement, and the amounts of such insurance shall be as follows: public liability insurance in an amount of not less than $1,000,000 for injuries, including accidental death, to any one person and subject to the same limit for each person and in an amount of no less than $2,000,000 on account of one accident; and property damage insurance in an amount of not less than $1,000,000 or $2,000,000 combined single-limit liability.
(3) 
A collector and the Township contracted collector shall indemnify and hold harmless Swatara Township and all its officers, agents and employees, successors and assigns, jointly and severally, of and from all manner of losses, suits, actions, payments, costs, charges, damages, judgments or claims or demands of any character, name or description brought on account of any injuries or damages received or sustained by any person, persons or property by reason of any act, omission, negligence or misconduct of said collector or Township contracted collector, or their agents or employees, in the execution of the performance of solid waste collection under the terms and conditions of this article and the agreement.
(4) 
A collector or the Township contracted collector shall furnish Swatara Township and the Authority with satisfactory proof of insurance coverage in the form of a certificate of insurance, which shall specifically name Swatara Township as an additional insured, as well as a legible copy of the full insurance policy. Five copies of such insurance certificate shall be furnished, and they shall contain the following notation:
"If at any time this coverage is cancelled, the (name of insurance company) will notify the insured, Swatara Township, and the York County Solid Waste and Refuse Authority, in writing, by registered mail, 30 days prior to the termination of the policy and before any changes are made in the policies which change, restrict, or reduce the insurance provided or change the name of the insured."
(5) 
A collector or the Township contracted collector shall provide the Township with a bond with sufficient surety, in an amount satisfactory to the Township in accordance with an established schedule as on file with the Swatara Township Manager, to protect the Township in the event the collector or the Township contracted collector breaches any provision of this article or the collector's actions or omissions or that of his employees or agents result in the breach of any of the provisions and conditions of the disposal agreement between York County Solid Waste and Refuse Authority and Swatara Township, dated September 22, 1988, and written amendments to the agreement.
[Amended 2-3-2016 by Ord. No. 2016-2]
(6) 
Before commencing work, a collector or the Township contracted collector shall submit evidence of the coverage required above to Swatara Township for review. Such insurance and bond shall be carried with financially responsible insurance companies licensed in the Commonwealth of Pennsylvania. In the event the insurance or surety coverage referred to above is cancelled or terminated for any reason whatsoever, the collector's authority to collect solid waste in Swatara Township shall immediately be terminated.
G. 
All collectors and the Township contracted collector shall become familiar with and comply with all the relevant terms, provisions and conditions of the disposal agreement between the York County Solid Waste and Refuse Authority and Swatara Township, dated September 22, 1988, and any written amendments to the agreement and shall conduct any collections of acceptable waste within Swatara Township and disposal thereof in strict accordance with the terms and provisions of the agreement.

§ 244-7 Collection vehicles.

[Amended 7-14-2010 by Ord. No. 2010-3]
A. 
All vehicles used for the collection of acceptable solid waste in Swatara Township shall comply with the provisions of the Waste Transportation and Safety Act, 27 Pa.C.S.A. § 6201 et seq., and any other applicable statutes, codes or regulations of federal, state or local governments.
B. 
All collectors and the Township contracted collector agree to abide by the regulations for flow of traffic through the facilities scales and into the facilities site and shall comply with such reasonable safety and traffic rules which are applicable in the facility site.

§ 244-8 Utilization of licensed collector or Township contracted collector.

[Amended 7-14-2010 by Ord. No. 2010-3]
A. 
All persons producing acceptable waste within Swatara Township, Dauphin County, Pennsylvania, the collection of which is not provided for by a contract entered into between Swatara Township and the Township contracted collector, shall dispose of such waste by entering into a contract with a licensed collector and delivering to said licensed collector all acceptable waste pursuant to the terms of said contract. Failure by any such person to dispose of acceptable waste through a licensed collector as aforesaid shall constitute a violation of this article and subject such person to the penalties hereinafter provided in § 244-13.
B. 
All persons who own a dwelling unit, except multifamily rental housing properties with four or more units, within Swatara Township shall utilize the Township contracted collector for the collection and disposition of any acceptable waste and, whether or not the dwelling unit is vacant or produces little, if any, acceptable waste, shall be deemed to benefit by the availability of service to them and the collection and disposition of waste from other premises in the Township. Such owners shall comply with the provisions of this article. Failure by any owner to utilize, for the disposition of acceptable waste, the Township contracted collector shall constitute a violation of this article and subject such person to the penalties hereinafter provided in § 244-13.

§ 244-9 Refuse collection fees.

[Amended 7-14-2010 by Ord. No. 2010-3]
A. 
All persons producing acceptable waste collected and disposed of pursuant to the requirements of § 244-8A shall pay to said licensed collector such rates or charges as are established between them by agreement. The collector shall enter into individual or separate contracts with each owner or occupant of multifamily rental housing properties with four or more units or commercial or industrial premises, without liability to or upon Swatara Township. Each collector shall be directly responsible for the payment of invoices for disposal services prepared by the Authority and mailed to the hauler.
B. 
The billing, payment and collection procedures to be utilized pursuant to a contract between Swatara Township and the Township contracted collector are as follows:
(1) 
Each owner of a dwelling unit within Swatara Township shall be required to pay to the Township contracted collector a quarterly fee for the collection of solid waste and recyclable materials. This fee shall be paid regardless of the amount or type of waste and/or recyclables put out for collection, even if no solid waste or recyclable materials are produced, generated, or placed for collection, and even if the dwelling unit is vacant, since such fee recognizes the benefit to the owner of the availability of collection and disposal service, as well as the benefit of disposition of waste from other premises in the Township. The quarterly fee charged by the Township contracted collector shall be established by a contract to be entered into between Swatara Township and the Township contracted collector pursuant to public bidding requirements. The Township accepts no responsibility whatsoever for the collection of the fee to be charged to the owner of each dwelling unit. The Township contracted collector shall be solely responsible for the collection of the quarterly fee.
(2) 
All fees which remain unpaid 30 days after the invoice date shall be deemed delinquent. All delinquent accounts may have added to it a penalty of $10 per quarter if the amount exceeds a minimum of the current quarterly trash fee in Swatara Township past due.
(3) 
If the owner of a dwelling unit shall fail to pay any charges or fees after the same becomes delinquent, the Township Solicitor is authorized, pursuant to the Pennsylvania Municipal Claims Act,[1] to enter a lien against the real estate upon which the dwelling unit is situate in the amount of the fees and charges or aggregate of fees and charges, plus penalties, cost of entry and attorney fees. In accordance with 53 P.S. § 7147, the Township hereby assigns to the contractor any such municipal claim for outstanding fees and charges.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
(4) 
If the owner of a dwelling unit shall fail to pay any charges or fees, and the same becomes delinquent by a minimum of one quarter, and the minimum amount shall be no less than the equivalent of one quarter worth of charges, the Township contracted collector is authorized to file a civil lawsuit for the collection of fees, charges, penalties, interest, reasonable attorney fees and costs of collection. Upon the filing of the civil lawsuit, an additional penalty of $50 shall be added to all delinquent accounts. The Township contracted collector shall have and enjoy the same rights, privileges and remedies as the Township to enforce and collect any and all fees, penalties, interest, costs of collection, reasonable attorney fees and/or administrative service fees.

§ 244-10 Unforeseen circumstances.

In the event that, due to unforeseen circumstances, the facility is unable to accept or process acceptable waste delivered by a licensed collector, and no alternative disposal facility site is available, then the licensed hauler or collector shall dispose of his acceptable waste as the Township otherwise directs.

§ 244-11 Assignment of license.

The privilege and license hereby granted to collectors shall be deemed personal to said collectors, and any of them, and there shall be no assignment of said privilege and license unless such assignment is approved by the Township.

§ 244-12 Revocation of license.

A. 
The Township shall have the right, at any time without refund of any part of the license fee, to suspend or revoke the license of a collector, in addition to those reasons previously set forth in this article, for any of the following causes:
(1) 
False or misleading statements on the application for a license.
(2) 
Collecting or transporting acceptable waste in a careless or negligent manner resulting in littering, odor or any unsafe or unsanitary condition.
(3) 
Burning of any refuse within the confines of the Township.
(4) 
Failure to comply with any rules, regulations or directives adopted by the Township in implementation of this article.
B. 
Upon a violation of any part, section or subsection of this article and/or the laws of the Commonwealth of Pennsylvania relating to the storage, collection, transportation or disposal of acceptable solid waste, the Township may, in addition to any other remedies provided pursuant to the terms of this article, notify the collector involved of such violation, and of a time for a meeting to consider the matter. Failure of the collector involved in such violation to attend or to be represented at such meeting shall be in and of itself grounds for cancellation by the Township of the license granted to the collector. If satisfactory solution or adjustment of the violation cannot be accomplished, the Township reserves the right to cancel the privilege and license granted under the terms of this article to the collector.

§ 244-13 Violations and penalties.

A. 
Any person who shall violate any provision of this article shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1,000, or, in default of payment of such fine, to imprisonment for not more than 30 days.
B. 
Each day's continuation of a violation of this article shall constitute a separate and distinct offense.
C. 
In addition to any other remedies or penalties hereinbefore provided, the Solicitor of the Township is authorized to institute proceedings in courts of law or equity to control the collection, storage, transportation, processing, treatment and disposal of solid waste to enforce the provisions of this article, including securing injunctive relief to prohibit any unlicensed or unauthorized person, or any licensed or authorized collector in violation of the provisions of this article, from continuing collection, transportation or disposal under the terms hereof, or to enforce compliance by any licensed collector with the terms of this article.
[Adopted 8-8-1990 by Ord. No. 1990-6 (Ch. 20, Part 2A, of the 1990 Code)]

§ 244-14 Title.

This article shall be known as the "Swatara Township Municipal Waste Reduction and Recycling Ordinance."

§ 244-15 Authority.

This article is enacted pursuant to the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988 (P.L. 556, No. 101), 53 P.S. § 4000.101 et seq.

§ 244-16 Purposes and goals.

The purposes and goals of this article are to:
A. 
Require waste reduction and recycling as a means of managing solid waste, conserving resources and supplying energy.
B. 
Protect the public health, safety and welfare from the short- and long-term dangers of collection, transportation, processing and storage of solid waste.
C. 
Utilize, wherever feasible, the capabilities of private enterprise in accomplishing the desired objectives of an effective, comprehensive solid waste management program.
D. 
Establish and implement with the Township a recycling program to return valuable materials to productive use to conserve energy and to protect capacity at waste processing and disposal facilities.
E. 
Recycle at least 25% of all solid waste and source-separated recyclable materials generated in this Township on and after January 1, 1997.
F. 
Reduce the weight or volume of solid waste generated per capita in this Township on January 1, 1997, to a weight or volume less than that generated per capita on the effective date of this article.
G. 
Teach each person living or working in the Township the economic, environmental and energy value of recycling and waste reduction and encourage, through a variety of means, participation in such activities.
H. 
Promote the procurement and use of products and materials with recycled content and materials that are recyclable by the Township to the greatest extent practicable.

§ 244-17 Definitions.

In this article, the indicated words or phrases shall have, unless the context clearly indicates otherwise, the meanings given to them as follows:
ALUMINUM CANS
Empty, clean, nonaerosol, all-aluminum beverage and food containers.
AUTHORIZED COLLECTOR
Person, firm, corporation, or other legal entity licensed or contracted by the Township of Swatara to undertake curbside recycling collection or to otherwise collect recyclables within Swatara Township, Dauphin County, Pennsylvania.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, theaters, and multifamily rental housing properties with four or more units.
CORRUGATED PAPER
Paper or pasteboard contracted into parallel grooves and ridges, commonly referred to as "cardboard," which is used for wrapping, packing, shipping and/or storage.
CURBSIDE RECYCLING COLLECTION
The scheduled collection and transport of recyclable materials placed at the curbline or other similar location by residential establishments or approved small businesses.
DWELLING UNIT
One or more rooms in a residence or dwelling, which room or rooms have fixed cooking facilities arranged for occupancy by one, two or more persons living together.
GLASS
All clean, empty bottles and jars made of clear, green or brown glass, not including noncontainer glass, plate glass, blue glass, porcelain and ceramic products, light bulbs and fluorescent tubes.
HIGH-GRADE OFFICE PAPER
Printed or unprinted sheets, shavings and cuttings of sulphite or sulphate ledger, bond, writing and other papers which have similar fiber and filler content. This grade must be free of treated, coated, padded or heavily printed stock. This definition includes light weight office papers, i.e., letterhead or mimeograph paper typically sold as "white ledger" paper, bond, Xerox paper and onionskin, as well as computer paper.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including, but not limited to, hospitals, nursing homes, child day-care centers, libraries, nonprofit associations, schools and universities; this definition shall not include standard residential units.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
MULTIFAMILY DWELLINGS
A building used or designed as a residence for four or more families living independently of each other and doing their own cooking therein, including apartment houses, group quarters, townhouses and condominium complexes.
MUNICIPAL ESTABLISHMENT
Public facilities operated by Swatara Township and other governmental authorities.
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" in the Solid Waste Management Act[1] from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereto news and opinions and containing advertisements as matters of public interest, but not including glossy advertising inserts typically inserted with newspapers, nor magazines or periodicals.
PERSON
Any individual, corporation, partnership, joint venture, association, joint-stock company, trust, and incorporated organization, or any government or public agency or political subdivision thereof, or any authority or agency thereof. In any provision of this article prescribing a fine, imprisonment, penalty, or remedy, 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.
PLASTICS
Empty and clean consumer product containers made of polyethylene terephthalate (PET), polypropylene (PP), high-density polyethylene (HDPE) and low-density polyethylene (LDPE) most commonly, but not limited to, plastic bottles used as containers for soda, milk and other consumer food products, or for household cleaning products or for personal care products.
RECYCLABLES/RECYCLABLE MATERIALS
Those materials specified by the Township of Swatara for separation, collection, processing, recovery or reused as part of a recycling program.
RECYCLING
The separation, collection, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which could otherwise be disposed of or processed as solid waste or the mechanized separation and treatment of solid waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the generation of energy.
RESIDENTIAL ESTABLISHMENT
Any dwelling unit, except multifamily rental housing properties with four or more units.
[Amended 7-14-2010 by Ord. No. 2010-3]
SMALL BUSINESS ESTABLISHMENTS
Any professional or commercial business that can comply with four container service and wishes to be mandated under the terms of this article.
SOLID WASTE
All materials or substances that are generally discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including garbage, refuse, industrial and commercial waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous materials, incinerator residue, demolition and construction debris and offal.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials that are separated from solid waste at the point of origin for the purpose of recycling.
STEEL CANS
Empty, all steel (ferrous material) or bimetal beverage and food containers.
TOWNSHIP
The governmental jurisdiction and legal entity of the Township of Swatara, Dauphin County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 244-18 Powers, duties and responsibilities of Township.

A. 
Responsibilities. Swatara Township shall have the power, and its duty shall be, to adopt and implement a program for the collection and recycling of municipal waste or source-separated recyclable materials as provided in this article.
B. 
Powers. In carrying out its duties under this section, the Board of Commissioners of Swatara Township may adopt resolutions establishing procedures, regulations and standards for the recycling, transportation, storage and collection of source-separated recyclable materials which shall not be less stringent than, and not in violation of or inconsistent with the provisions and purposes of, the Municipal Waste Planning, Recycling and Waste Reduction Act and the regulations promulgated pursuant thereto.
C. 
Duties. Swatara Township shall implement the provisions of this article by collecting, transporting, processing or marketing source-separated materials or contracting, subject to competitive bidding, with any person to carry out its duties for the recycling, transportation, collection and storage of source-separated recyclable materials. Any such person shall be jointly and severally responsible with Swatara Township in carrying out its duties for transportation, collection or storage activity.

§ 244-19 Recycling program.

Swatara Township hereby establishes and implements a mandatory source-separation and collection program for recyclable materials by persons located in Swatara Township in accordance with § 1501 of the Municipal Waste Planning, Recycling and Waste Reduction Act.[1]
[1]
Editor's Note: See 53 P.S. § 4000.1501.

§ 244-20 Residential establishments and small business establishments.

A. 
Owners and residents of residential establishments and small business establishments are hereby required to separate all recyclable materials as specified by regulation from other municipal waste generated at their homes, apartments and other residential or small business establishments and to store such material until collection. The number of the materials shall be designated periodically by regulation from the following: Clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.
B. 
Recyclable materials from residential establishments and small business establishments shall be placed at the curb or other similar area, separate from solid waste, for collection, at such times and dates as may be established by regulation. Such regulations shall schedule a minimum of one day per month for pick up of recyclables from residential establishments. Nothing in this article or regulations promulgated hereunder shall be deemed to impair the ownership of separated materials by the person who generated them unless and until such materials are placed at curbside or similar location for collection by the Township or its agents.

§ 244-21 Commercial, institutional, industrial, and municipal establishments.

A. 
Commercial, institutional, industrial and municipal establishments are hereby required to separate all recyclable materials as specified by regulation and to store such material until collection. The times, dates and places for collection shall be established by regulations. Such regulations shall schedule a minimum of one day per month for pickup of recyclables from commercial, institutional, industrial and municipal establishments.
B. 
The owner, landlord, or agent of an owner or landlord of multifamily housing properties with four or more units may comply with the responsibilities under this section by establishing a collection system for recyclable materials at each property. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this article shall not be liable for noncompliance of occupants of their buildings.
C. 
Persons occupying commercial (including multifamily rental housing properties with four or more units), institutional, industrial and municipal establishments within the Township municipal boundaries, not part of the Township curbside recycling program and otherwise providing for the recycling of materials, that are required by this article to recycle must provide, annually, written documentation to the Township of the total number of tons recycled or estimated to be recycled, as well as the name of any authorized collector collecting their recyclables.

§ 244-22 Leaf waste.

All persons who reside in residential establishments and all persons who are responsible for the operation of small business establishments, commercial, institutional, industrial and municipal establishments where leaf waste occurs or is generated, shall source-separate all leaves and place them for collection at the times and in the manner prescribed by regulation unless those persons have otherwise provided for the composting of leaf waste. The owner, landlord or agent of an owner or landlord of multifamily rental housing properties with four or more units, small business establishments, commercial, institutional, industrial and municipal establishments may comply with their responsibilities under this section by establishing a collection system for leaf waste at each property.

§ 244-23 Collection contract.

The Township may enter into a contract with public or private agencies for the curbside collection of all or part of the recyclable materials generated within its municipal boundaries.

§ 244-24 Licensing of collectors.

[Amended 9-14-1994 by Ord. No. 1994-7]
A. 
Only a person licensed by Swatara Township, Dauphin County, Pennsylvania, may collect, transport and dispose of recyclables or recyclable materials generated within the territorial limits of Swatara Township, Dauphin County, Pennsylvania.
B. 
An authorized collector is one who has been granted a license by Swatara Township, Dauphin County, Pennsylvania, for the specific purpose of collecting, transporting and disposing of recyclable materials.
C. 
A licensed collector shall not in any manner be construed as an agent, servant or employee of Swatara Township, but shall, at all times, be considered and remain an independent contractor.
D. 
Fees.
(1) 
The fee for the license referred to above shall be:
(a) 
Authorized collector collecting recyclables from residential units and approved small business establishments: $0.50 per dwelling unit per quarter annum.
(b) 
Collectors collecting from commercial, industrial, institutional and municipal establishments: $0.50 per quarter per establishment.
(2) 
The license fee shall be paid to the Township on a quarterly basis to offset the administrative costs associated with the licensing.
E. 
Nothing contained in this article shall prevent Swatara Township from terminating or revoking any or all licenses granted hereunder for failure to comply with the terms and provisions of this article, Act 101, or the regulations promulgated under either the article or statute or for failure to comply with any other Township ordinance or legislative or regulatory duties or obligations.

§ 244-25 Collection by unauthorized persons.

From the time of placement of recyclable materials at the curb or a similar area for collection, in accordance with this article and the regulations promulgated hereunder, those materials shall be and become the property of the Township and its authorized collector(s). It shall be a violation of this article for any person(s) not authorized by the Township to collect or pick up or cause to be collected or picked up any such recyclable material. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 244-26 Unlawful disposal of recyclables.

Upon and after the effective date of this article it shall be unlawful for any person or persons to dispose of any recyclable items as established by this article or regulations promulgated hereunder, commingled with other solid waste not required to be recycled or to dispose of such items in places that will not insure that items are recycled, unless material is so contaminated that it is unacceptable for recycling.

§ 244-27 Public notice and education.

[Amended 2-3-2016 by Ord. No. 2016-2]
Swatara Township shall establish a comprehensive and sustained public information and education program concerning the recycling program features and requirements. As part of this program, the Township Manager shall, at least 30 days prior to the initiation of the recycling program and at least once every six months thereafter, notify all persons occupying residential, commercial, institutional, industrial and municipal premises within its boundaries of the requirements of this article. The Township Manager shall, as he or she deems necessary and appropriate, place an advertisement in a newspaper circulating in Swatara Township, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential tax payers, or utilize any combination of the foregoing.

§ 244-28 Enforcement and administration, violations and penalties.

A. 
The Township Health Officer and the Township Code Enforcement Officer or their designee are authorized and directed to enforce this article. The Health Officer is also hereby authorized and directed to establish and promulgate reasonable regulations as to manner, materials, days and time for the collection of recyclable materials and any other matters required to implement this article in accordance herewith.[1] The Health Officer or his or her designee may change, modify, repeal or amend any portion of said regulations at any time.
[1]
Editor's Note: Said regulations are included at the end of this chapter.
B. 
Any person, other than a municipal official exercising his or her official duties, who shall violate any provision of this article, any regulation promulgated hereunder, or any order issued hereunder shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 and not more than $1,000, and costs, and, in default of the payment of such fine and costs, to undergo imprisonment for not more than 30 days. Each day's continuation of violation of this article shall constitute a separate and distinct offense.
C. 
In addition to any other remedies or penalties hereinbefore provided, the Solicitor of the Township is authorized to institute proceedings in courts of law or equity to control the recycling, transportation, collection and storage of source-separated recyclable materials or to enforce the provisions of this article, including the securing of injunctive relief to prohibit any unlicensed or unauthorized person, or any licensed or authorized collector in violation of the provisions of this article, from continuing the collection, transportation or disposal of recyclable items hereunder, or to enforce compliance by any person with the terms of this article.