[Ord. 358, 9/12/1990, Art. I; as amended by Ord. 476, 8/18/2004, § 1]
1. 
Short Title. This Part shall be known as the "Lower Swatara Township Municipal Solid Waste and Recycling Ordinance."
2. 
Purpose. The purpose of this Part is to provide for the health, safety and welfare of the residents of the Township of Lower Swatara by regulating the collection, storage, transportation, removal, dumping, deposit, disposal and recycling of solid waste by:
A. 
Instituting a comprehensive solid waste management program.
B. 
Establishing a mandatory recycling program pursuant to the requirements of Act 101 of the Pennsylvania General Assembly, 1988, and amendments thereto.
3. 
Definitions. The following words and phrases, when used in this Part, shall have, unless the context clearly indicates otherwise, the meanings given to them in this Section:
ALUMINUM CANS
Clean, nonaerosol, empty aluminum beverage and food containers.
AUTHORIZED COLLECTOR
Person, firm or corporation licensed or contracted by the Township of Lower Swatara to handle municipal waste and recyclables in accordance with the provisions of this Part.
BULKY WASTE
Items of solid waste which, due to their size, shape or weight, cannot be collected as a part of the normal weekly municipal waste collection and therefore require special handling. For example, large household appliances such as stoves and refrigerators, plumbing fixtures, furniture, large crates, tires, tools, machinery or parts thereof and similar items in size shall be considered bulky waste.
COMMERCIAL ESTABLISHMENTS
Any establishment engaged in a nonmanufacturing or nonprocessing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
CONSTRUCTION AND DEMOLITION WASTE
Lumber, roofing material, sheathing, rubble, broken concrete, macadam, plaster and brick, conduit, pipe, insulation and other material which results from a construction, demolition or remodeling process.
CORRUGATED CARDBOARD
Paper boxes constructed in a corrugated manner and used as containers for business and consumer applications.
DWELLING UNIT
Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family. This definition includes a mobile home. Any multifamily establishment of two or three dwelling units is included in this definition.
EXCLUSIVE CONTRACT
An agreement entered into by the Township of Lower Swatara with a private person or corporation for the collection and disposal of all municipal residential waste and/or recylables within the Township of Lower Swatara to the extent provided by this Part and the agreement.
GLASS
Clear (flint) or colored glass bottles and jars. Expressly excluded from this definition of glass are blue glass, lead crystal, porcelain, ceramic products, mirrors, tempered or plate glass and light bulbs.
HIGH-GRADE OFFICE PAPER
Any bond, copier, letterhead or mimeograph paper typically sold as "white ledger" paper and computer paper.
INDUSTRIAL ESTABLISHMENTS
Any establishment engaging in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants and refineries.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
MULTIFAMILY ESTABLISHMENTS
Rental housing apartment buildings or apartment complexes which have four or more dwelling units and condominium associations and homeowners associations of four or more dwelling units which are established and organized in such a manner that the association provides common services for the residents of the housing development. This definition shall also include apartment buildings and apartment complexes owned and operated by institutional establishments if this institutional establishment charges a rental fee for the dwelling units.
MUNICIPAL ESTABLISHMENT
Any facility or building owned or operated by a local government or county government, local government or county government authority, state government or agency or federal government or agency.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and any other material including solid, liquid, semisolid or contained gaseous materials resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities and sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[1] from a municipal, commercial or institutional waste supply treatment plant, wastewater treatment plant or air pollution control facility. (Pennsylvania Act 101, § 103).
NEWSPAPER
Paper of the type commonly referred to as newsprint and distributed at fixed interval having printed thereon news and opinions and containing advertisements and matters of public interest, excluding magazines and other glossy paper.
NONRESIDENTIAL
Commercial, industrial, institutional and municipal establishments.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PLASTIC BOTTLES
Empty, clean consumer product bottles made of polyethylene erephthalate (PET), polypropylene (PP), high-density polyethylene (HDPE), low-density polyethylene (LDPE) and polyvinyl chloride (PVC) most commonly, but not limited to, plastic bottles used as containers for soda, milk and other consumer care products.
RECYCLABLES/RECYCLABLE MATERIALS
Those materials specified by the Township of Lower Swatara for separation, collection, processing, recovery or reuse as part of a recycling program.
RECYCLING
The program or system of separation, collection, processing, recovery or reuse of recyclables.
RESIDENTIAL UNIT
See, "dwelling unit."
RESIDENTIAL MUNICIPAL WASTE
Municipal solid waste, as herein defined, that is generated at a dwelling unit.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term shall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[2] The term shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."[3]
SOLID WASTE
Any waste including, but not limited to, municipal residual or hazardous waste including solid, liquid, semisolid or contained gaseous materials. (Pennsylvania Solid Waste Management Act 97, § 103)[4]
STEEL CANS
Clean, nonaerosol, empty all-steel (ferrous material) or bimetal beverage and food containers.
TOWNSHIP
The governmental jurisdiction and legal entity of the Township of Lower Swatara, Dauphin County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 52 P.S. § 30.51 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
[4]
Editor's Note: See 35 P.S. § 6018.103.
[Ord. 358, 9/12/1990, Art. 11; as amended by Ord. 448, 11/15/2000; and by Ord. 476, 8/18/2004, § 2]
1. 
General. It shall be the duty of every owner of property and every person occupying a dwelling unit, premises or place of business within the Township where municipal waste is generated and accumulated, at his/her own expense and cost, except as otherwise specified in this Part, to provide and keep at all times a sufficient number of containers to hold all municipal waste accumulated between intervals of collection of such waste by an authorized collector and to insure the sanitary and legal disposal of such waste in accordance with this Part and all other Township, state and federal applicable laws and regulations.
2. 
Storage on Residential Property.
A. 
Containers. All municipal waste accumulated by owner of residential properties shall be placed in containers for collection by an authorized collector. The containers shall be durable, watertight and made of rust-resistant metal or plastic. The size of each container shall not exceed a thirty-five-gallon capacity and the weight shall comply with OSHA requirements unless bulk (dumpster type) containers are used.
B. 
Location of Containers. Each municipal waste container and curbside recyclable container shall be placed for collection so as to be accessible to the collector at ground level and at a point immediately behind the curbline of the street within no more than 10 feet of the cartway of the street or alley from which the collection with a vehicle is made if there is no curbing or at a location mutually agreeable between the resident, the Township and the collector. Failure to place containers at such locations may result in waste not being picked up. Location for collection of recyclable material shall be as specified by the Township. Location of bulk containers at multifamily establishments shall be in accordance with Subsection 3B below.
3. 
Storage on Commercial, Institutional and Industrial Properties.
A. 
Containers. Storage of municipal waste on commercial, institutional and industrial properties shall be done in the same type of containers as required for residential properties except where the accumulation of solid waste for such commercial, institutional or industrial property precludes their use, in which case such owner or occupant shall make special arrangements with the authorized collector for the storing of such additional quantities. Special arrangements shall include the number and type of special bulk container(s) to be furnished by the collector as may be approved by the Township.
B. 
Location of Containers. Containers for the collection at commercial, institutional or industrial properties shall be located on the owner or occupant's premises at a place agreed upon by the owner or occupant of the commercial, institutional or industrial property and the authorized collector and shall be satisfactory to the Township. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways, alleys or entrances and exits of public or private buildings.
4. 
Authorization of Collectors. It shall be unlawful for any person or corporation, other than persons or corporations authorized by license or contract by the Township, to collect and/or transport solid waste of any nature as a regular hauling business within or from the Township. If the Township decides to enter into an exclusive contract for the collection of residential municipal waste (exclusive of multifamily establishments) in the Township, said contractor shall be required to collect said waste in the Township exclusive of other private haulers and collectors subject to exceptions to the exclusive Township contract. The Township shall not issue a license to any private hauler or collector for the collection of residential municipal waste other than the hauler or collector having the exclusive contract with the Township. Authorization to collect, transport and dispose of municipal waste for persons other than oneself may be given only by the Township through the issuance of a contract or license. All applications for licensing shall be reviewed by the Township and shall be approved in accordance with the following:
A. 
Municipal waste collection licenses or contracts may be issued to only those persons or corporations who can provide satisfactory evidence that they are capable of providing the necessary services and can comply with the provisions and intent of this Part. The Township reserves the right to disapprove any application for license.
B. 
Applications for municipal waste collection license must furnish the following information:
(1) 
The number of collection vehicles; the make, model, license plate number and size of each vehicle to be used for the collection and transportation.
(2) 
The location, address and telephone number of the business office of the applicant.
(3) 
A certificate of the applicant's workmen's compensation insurance as required by law.
(4) 
A certificate of insurance coverage providing complete third-party comprehensive, bodily injury and property damage liability insurance, limits of which will not be less than $500,000/$1,000,000 for bodily injury and $500,000 for property damage.
(5) 
Intended disposal facility proposed to be used by the applicant in conformance with the county plan.
(6) 
Any other information which the Township may request and deem necessary prior to the issuance of a license.
C. 
Licenses may be issued on a calendar-year basis but may be revoked at any time by the Township for just cause including, but not limited to, violation of any of the provisions of this Part, applicable state or federal law or regulations or other policies established by the Township on contractual arrangements entered into between the applicant and the Township.
D. 
Fees for licenses may be set by the Township and the amount shall be provided to an applicant or any person upon request.
5. 
Transportation of Solid Waste. Any person transporting solid waste within the Township shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste. The vehicles used to transport or convey solid waste shall be leakproof and enclosed the extent necessary to ensure no loss or spillage of waste from the vehicles. The Township shall have the authority to inspect the vehicles used for the transport of solid waste as it deems necessary.
6. 
Disposal of Municipal Waste. All municipal waste produced, collected and transported from within the jurisdictional limits of the Township shall be disposed of at a landfill or other disposal facility licensed or permitted by the Commonwealth of Pennsylvania Department of Environmental Protection and designated by the County of Dauphin through its municipal solid waste management plan as developed and implemented by the Dauphin County Intermunicipal Solid Waste Authority (DCISWA). The Township reserves the right to make inspections of authorized collectors to insure that waste generated within the Township is being disposed of in an authorized or designated facility. Any authorized collector found to be in violation of this section shall have his license to collect or haul municipal waste in the Township revoked.
7. 
Unlawful Deposition of Municipal Waste. It shall be unlawful for any person to deposit for collection any solid waste including bulky items not generated at the address from which collection is made or to bring any solid waste into the Township or from one address to another in the Township for the purpose of taking advantage of the collection service or to avoid the cost of collection.
8. 
Bulky Waste. Bulky waste which is not collected by the normal or weekly residential collection shall not be stored outside of a building or accessory building on any land in the Township except for a period not exceeding 14 days pending the special handling for disposal of the bulky waste. It shall be unlawful for any person to place bulky waste on any property other than on the property at which it was generated or directly associated with. Bulky waste shall be disposed of at a state-permitted or licensed disposal facility, a facility especially designed by the Township to take such bulky items or a legitimate salvage dealer that is in the business of disposing or recycling such items.
9. 
Leaf Waste. Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings, may be stored for periods of time in excess of 14 days if necessary until the next scheduled collection for such items or for the purpose of composting such materials in accordance with the Township ordinances unless such storage violates other ordinances or regulations of the Township.
10. 
Construction and Demolition Waste. All waste materials resulting from the building, structural alteration, repair, construction or demolition of buildings or structures shall be disposed of as permitted by the regulations the State Department of Environmental Protection or pertinent ordinances or regulations of the Township. It shall be the responsibility of the property owner and the contractor to ensure the disposal of such waste in accordance with applicable laws and regulations.
11. 
Exclusions.
A. 
Nothing contained herein shall be deemed to prohibit any commercial, municipal, institutional, industrial or multifamily establishments not regularly engaged in the business of collecting municipal waste from hauling his own municipal waste on an irregular or unscheduled basis to a state-permitted disposal facility or to the disposal facility as designated by the Township in accordance with the regulations of the disposal facility.
B. 
Nothing contained herein shall prohibit a farmer from carrying out normal farming operations including composting or spreading of manure or other farm produced agricultural waste not otherwise prohibited or regulated for land applications.
C. 
The provisions of this Part do not apply to anything but the storage, collection, transportation and disposal of municipal waste and do not apply, therefore, to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act[1] and its amendments. All hazardous or residual waste must be disposed of in compliance with applicable state and federal laws and regulations.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[Ord. 358, 9/12/1990, Art. III; as amended by Ord. 448, 11/15/2000; and by Ord. 505, 6/18/2008, § 1]
1. 
Billing, Payment and Collection Procedures.
A. 
Each owner of a dwelling unit within Lower Swatara Township shall be required to pay to the contractor a monthly, quarterly or semiannual fee for the collection, transportation and disposal of municipal waste. This fee shall be paid regardless of the amount or type of waste and/or recyclables put out for collection. The monthly, quarterly or semiannual fee charged by the contractor shall be established by a contract to be entered into between Lower Swatara Township and the contractor 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 contractor shall be solely responsible for the collection of the monthly, quarterly or semiannual fees.
B. 
All fees which remain unpaid 30 days after the invoice date shall be deemed delinquent. All delinquent accounts shall have added to it a penalty of 1 1/2%. Thereafter, the fee of 1 1/2% shall be penalized once during each quarter the bill remains unpaid. The Township or contracting collector is authorized to waive such penalty payments in full or in part, if either party believes it is in the best interest of the Township to do so.
[Amended at time of adoption of Code (see Ch. AO)]
C. 
If the owner of a residential 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 residential unit is situate in the amount of the fees and charges or aggregate of fees and charges, plus penalties and costs of entry.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
D. 
If the owner of a residential unit shall fail to pay any charges or fees after the same becomes delinquent, the Township Solicitor or contracting collector is authorized to file a civil law suit for the collection of fees, charges, penalties, interest and costs of collection, including reasonable attorney's fees. Upon the filing of the civil lawsuit, an additional penalty of $50 shall be added to all delinquent accounts.
2. 
Service Charges to be Based on Volume of Waste Collection. To encourage and maximize recycling, all municipal waste fees paid either to a licensed hauler, an exclusive contractor or the Township shall be based upon the volume of waste collected at the commercial, institutional or industrial establishment and at residential units to the extent that any amount over four thirty-five-gallon cans or bags per week be charged on a volume basis. To effectuate this provision, the following guidelines are hereby established:
A. 
Licensed haulers shall be required, prior to obtaining a license from the Township, to file with the Township a complete schedule of rates showing evidence that their rates are established on a volume basis and said rates shall be refiled with the Township annually upon license renewal.
B. 
An exclusive contract for the collection of residential municipal waste that may be established by the Township shall include provisions for billing residential units on a volume basis. These provisions shall not preclude the Township or its contracts from establishing a minimum charge for solid waste collection as an assessment against the property for the benefit to the health and welfare of the community for having a comprehensive solid waste collection and recycling program available to the owner of property in the Township. Such minimum charges will be set at a level that is approximate to cover the basic cost of solid waste collection but shall not be set so high as to discourage recycling of solid waste.
3. 
Charges to be Established by Resolution. All service fees established under an exclusive contract for the collection of waste by the Township shall be established by a resolution of the Township Board of Commissioners. Service charges so established shall be reviewed at least annually and adjusted as necessary to insure that all costs involved in the collection and disposal of municipal waste under the exclusive contract, including the administrative costs of the Township, are covered by service charges.
[Ord. 358, 9/12/1990, Art. IV; as amended by Ord. 448, 11/15/2000; and by Ord. 476, 8/18/2004, §§ 3 – 5]
1. 
Introduction. The Township, recognizing that reclaiming of recyclable materials, including leaf waste, is an important method for addressing the growing solid waste disposal problem through conserving landfill space, and that recycling conserves natural resources, reduces energy consumption and promotes the general interest and to be in compliance with Pennsylvania Act 101, 1988,[1] does hereby authorize and encourage separation, collection, processing, storage, transportation and recycling materials in accordance with the provisions of this Part.
[1]
Editor's Note: See P.S. § 4000.101 et seq.
2. 
General. Recyclables separated for the purpose of materials recovery rather than disposal and collected by the Township or its designated agent or contractor shall not be considered solid waste as defined under this Part and shall not be subject to the provisions of this Part which requires the disposal of waste at designated facilities unless such recyclables become unmarketable.
3. 
Establishment of Program. The Township hereby establishes a program for the mandatory separation of recyclables from solid waste by persons residing in single-family dwellings and multifamily establishments and by commercial, municipal, institutional and industrial establishments.
4. 
Items to be Separated and Recycled. The following are minimum standards:
A. 
At residential units (including multifamily establishments):
(1) 
Newspapers.
(2) 
Glass.
(3) 
Aluminum and steel cans.
(4) 
Plastic bottles.
(5) 
Leaf waste.
B. 
At commercial, municipal, institutional or industrial establishments' lunchroom(s), offices and other nonprocessing areas at least these items:
(1) 
Corrugated cardboard.
(2) 
High-grade office paper.
(3) 
Aluminum cans.
(4) 
Leaf waste.
C. 
At community activities:
(1) 
Newspapers.
(2) 
Glass.
(3) 
Plastic bottles.
(4) 
Aluminum and steel cans.
(5) 
High-grade office paper.
(6) 
Corrugated cardboard.
5. 
Exclusions. Newspapers that are used for secondary purposes such as wrapping other waste or for cleaning which renders them unusable for recycling shall not be required to be recycled.
6. 
Residential Units.
A. 
The Township or its authorized agent shall establish and promulgate regulations on the manner, days and the time of collection of recyclable materials and for the bundling, handling, location and time of placement of such materials for collection. Regulations shall be promulgated for each of the programs undertaken including, but not limited to, the residential, multifamily and commercial sources of recyclable materials.
B. 
Recyclable materials shall be placed at the curb or other designated area (§ 20-102, Subsection 2B) separated from solid waste for collection.
C. 
Containers for curbside recyclables will be specified by the Township or as provided by the Township directly or through exclusive contract for collection of recyclables.
7. 
Multifamily Units and Nonresidential Units.
A. 
Each nonresidential unit and multifamily unit may elect to provide proper collection, transportation of and disposal for regulated municipal waste and recyclable materials by either: (1) themselves transporting such recyclables to a facility; or (2) contracting with a Township-licensed hauler to collect and transport such recyclables to a facility. With respect to recyclable materials, multifamily unit and nonresidential units that elect to contract for collection and transportation services may either: (1) request Township approval to receive the services under the contractor; or (2) themselves contract with a Township-licensed hauler.
B. 
Multifamily unit and nonresidential unit approved to receive services under the contract shall: (1) comply with the Township's policies and procedures established for residential units; and (2) notwithstanding the provisions of Subsection 6 of this section, shall source separate the recyclable materials designated in the Township's policies and procedures.
C. 
Multifamily units and nonresidential units that do not receive services under the contract shall:
(1) 
Provide regular recycling containers at easily accessible locations for source separation of designated recyclable materials.
(2) 
Provide written instructions to all persons within each multifamily unit and nonresidential unit to ensure that all designated recyclable materials are source separated.
(3) 
Provide collection and transportation of source separated designated recyclable materials.
(4) 
Submit to the Township on forms provided by the municipality quarterly reports of the quantities of each designated recyclable material and municipal waste generated and disposed of.
8. 
Abandonment by Owner. Nothing in this Part shall be deemed to impair the ownership of recyclable materials by the person who generated them until such recyclable materials are abandoned by such owner. Recyclable materials shall be deemed abandoned when picked up at curbside by a licensed Township hauler, its agents or it independent contractors.
9. 
Collection by Unauthorized Person(s). From the time of pickup of recyclable items at the curb or designated location or at a dropoff center as designated or authorized by the Township, the recyclable items shall become the property of the licensed Township hauler or its authorized agent or contractor. It shall be a violation of this Part for any person unauthorized by the Township to collect, pick up or cause to be collected or picked up any such items. Any and each collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereafter provided.
10. 
Unlawful Disposal. Upon and after the effective date of this Part it shall be unlawful for any person or persons to dispose of any recyclable items as established in Subsection 4, above, commingled with other solid waste not required to be recycled or to dispose of such items in other places that will not insure that items are recycled unless the material is so contaminated that it is unacceptable for recycling.
11. 
Plan to be Filed and Approved by the Township. Commercial, industrial and institutional establishments and for multifamily establishments conducting their own recycling program, not in conjunction with an agent of the Township or under an exclusive contract as may be established by the Township for the collection of municipal waste and recyclables, shall file with the Township and have approved by the Township, individual recycling programs which provide for, at a minimum, the recycling of items listed in Subsection 4B, above.
[Ord. 358, 9/12/1990, Art. V; as amended by Ord. 448, 11/15/2000]
1. 
Penalties. Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
2. 
Other Remedies. In addition to the foregoing penalty, the Township may require the owner or occupant of a property to remove any accumulation of solid waste and should said person fail to remove such solid waste after five days following written notice, the Township may cause the solid waste to be collected and disposed of with the cost for such action to be charged to the owner or occupant of the property in a manner provided by law.
[Ord. 340, 10/12/1988, § 1]
This Part shall be known and may be cited as the "Lower Swatara Township Dumpster Ordinance."
[Ord. 340, 10/12/1988, § 2]
The Township will make available to Township residents the use of dumpster at such locations and at such times as the Township Board of Commissioners shall by resolution determine.
[Ord. 340, 10/12/1988, § 3]
1. 
A permit shall be required for all disposal activities at such dumpster and said permit can be obtained at the Township Municipal Building. Permit fees will be set by resolution of the Township Board of Commissioners.
2. 
The permit is solely for the use of the Township resident who has secured said permit and is nontransferable and nonassignable. It is for the disposal of materials and the Township resident who secures the permit.
[Ord. 340, 10/12/1988, § 4; as amended by Ord. 448, 11/15/2000]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs to a term of imprisonment not to exceed 30 days.