[Ord. 1987-8, 8/25/1987, § 1]
This Part shall be known as and may be cited as the "Manchester
Township Refuse Ordinance."
[Ord. 1987-8, 8/25/1987, § 2]
1.
ASHES
AUTHORITY
BULKY RUBBISH
DISPOSAL
GARBAGE
PERSON
REFUSE
RUBBISH
The following words, when used in this Part, shall have the meaning
ascribed in this section:
The residue resulting from the burning of wood, coal, coke
or other combustible material.
The York County Solid Waste and Refuse Authority or its replacement
or successor.
Discarded furniture, large household appliances, bathtubs,
sinks, commodes and other large items.
The storage, collection, handling and final disposal of refuse.
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of food.
Any natural person, association, partnership, firm or corporation.
All solid wastes, except body wastes. The term shall include
ashes, garbage and rubbish.
Glass, metal, paper, plant growth, wood or other non-putrescible
solid waste.
2.
When used in this Part, the singular shall include the plural and
the masculine gender shall include the feminine and the neuter.
[Ord. 1987-8, 8/25/1987, § 3]
1.
Garbage shall be drained and stored in durable, rust-resisting, nonabsorbent,
watertight, easily washable containers, equipped with handles and
tight-fitting covers.
2.
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 shall be stored in durable containers with tight-fitting
covers. Tree trimmings, hedge clippings, old newspapers and similar
materials, which cannot be conveniently placed in the aforementioned
containers shall be baled, tied or sacked in compact bundles less
than three feet in length and placed in a location easily accessible
to the collector.
4.
Bulky rubbish shall not be allowed to accumulate on any premises
except in containers which are approved by the Board of Supervisors
of Manchester Township in accordance with the specifications contained
in this Part.
5.
No person shall place refuse in any street, alley or other public
place, or upon any private property within the limits of Manchester
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 within Manchester
Township is hereby declared to be a nuisance and is prohibited. Failure
to remove any existing accumulation of refuse within three days after
the effective date of this Part shall be a violation of this section.
If any unauthorized accumulation of refuse shall not be removed within
three days of notification by Manchester Township, such accumulation
may be removed by the Township and the cost of said removal assessed
as a lien against the premises pursuant to the provisions of the Municipal
Lien Law.
7.
Materials such as scrap lumber and fire wood may be stored and kept on the premises, providing, that a minimum clear space of 12 inches above the ground surface is provided and providing that such storage shall further comply with the provisions of the Manchester Township Zoning Ordinance [Chapter 27].
[Ord. 1987-8, 8/25/1987, § 4]
1.
General Provisions.
A.
All receptacles or containers for refuse shall be provided by the
owner, tenant or occupant of the premises, or may be furnished to
said owner, tenant or occupant by a licensed collector.
B.
All refuse shall be stored, in a sufficient number of containers meeting the standards contained in Subsections 2, 3 and 4 of this section so as to prevent the attraction, harborage or breeding of insects and/or rodents and to eliminate conditions that may be harmful to public health or which create safety hazards, odors, unsightliness and public nuisances.
2.
Standards for Individual Refuse Containers.
A.
The container shall be constructed so as to be easily handled for
collection, with a weight not exceeding 75 pounds.
B.
The container shall be constructed of rust resistant and corrosion
resistant materials.
C.
The container shall be equipped with a tight-fitting lid or cover
or otherwise be sealed.
D.
The container shall be watertight, leak proof, insect proof and rodent
proof.
E.
The area around the container(s) shall be kept clean.
3.
Standards for Disposable Refuse Containers.
A.
Only those bags specifically designed for storage and collection
of refuse shall be used.
B.
The containers of bags shall be protected against precipitation,
animal damages and overloading to prevent littering or attraction
of visitors.
C.
The containers or bags shall have a holding strength capable of withstanding
stresses until they are collected.
D.
The bag opening shall be securely closed prior to setting out for
collection.
4.
Standards for Bulk Refuse Containers. Bulk containers for commercial, industrial and institutional refuse shall meet the provisions of Subsections 1 and 2 of this section, except for the weight limitations. Bulk containers shall be sized according to the type and quantity of waste produced, equipment handling capabilities and the frequency of collection and in no case shall they be permitted to overflow.
5.
Open Storage. Certain wastes of a non-decomposable nature may be
stored temporarily in a manner other than containerization in accordance
with the following standards:
[Ord. 1987-8, 8/25/1987, § 5; as amended by Ord.
2004-03, 4/13/2004]
1.
For collection purposes, except where there is an agreement with
the collector to the contrary, refuse containers shall be placed for
collection at ground level on the property, not within the cartway
of a street or alley, but easily accessible from the side of the street
or alley from which collection is made. Refuse containers shall not
be so placed for collection more than 24 hours before scheduled pick-up.
2.
Refuse shall be collected at least one time per week, except for
bulky rubbish which shall be collected as may be agreed upon from
time to time by the Township and the contracted collect.
[Ord. 1987-8, 8/25/1987, § 6]
1.
Only a person licensed by Manchester Township, York County, Pennsylvania,
may collect refuse within the territorial limits of Manchester Township.
2.
An authorized collector is one who has entered into a contract with
or has been granted a license by Manchester Township, York County,
Pennsylvania, for the specific purpose of collecting and disposing
of refuse from within the Township.
3.
The fee for such license shall be fixed by resolution of the Board
of Supervisors and all licenses shall be issued by the Board of Supervisors.
4.
No licensed or contracted collector shall dispose of any refuse collected
in Manchester Township, York County, Pennsylvania, except by conveyance
to a place of disposal owned and operated by the York County Solid
Waste and Refuse Authority, operated on behalf of the York County
Solid Waste and Refuse Authority, or to a permitted facility providing
a disposal service to the York County Solid Waste and Refuse Authority.
5.
Failure of a licensed collector to comply with the provisions of
this Part shall result in the revocation of his license.
[Ord. 1987-8, 8/25/1987, § 7; as amended by Ord.
2002-01, 1/7/2001]
Except for the collection of bulky rubbish, all vehicles used
for the collection of refuse shall have watertight enclosed metal
bodies of easily cleanable construction, equipped with compaction
devices and shall comply with all regulations of the Pennsylvania
Department of Environmental Protection regarding equipment used to
collect and transport municipal waste.
[Ord. 1987-8, 8/25/1987, § 8]
No person shall hereafter dispose of any refuse collected in
Manchester Township, York County, except by conveyance to a disposal
facility owned and operated by the York County Solid Waste and Refuse
Authority, or to a permitted facility providing a disposal service
to the York County Solid Waste and Refuse Authority.
[Ord. 1987-8, 8/25/1987, § 9; as amended by Ord.
2012-07, 12/11/2012; and by Ord. 2015-01, 1/5/2015]
1.
Effective with the quarter beginning April 1, 2015, and continuing
until changed or eliminated by further resolution of the Board of
Supervisors of Manchester Township, a fee or surcharge of $38 per
quarter shall be charged to each curbside refuse collection customer
within Manchester Township.
2.
Said fee or surcharge shall be billed with the quarterly sewer rental
for customers served by public sewer. Customers not served by public
sewer shall be billed separately each quarter. Partial payment of
a joint sewer/refuse invoice shall be credited first to payment of
the refuse fee or surcharge imposed by this section. If the full amount
is not paid within 30 days from the date of billing, an additional
sum of 20% shall be added as penalty for late payment.
3.
The fee or surcharge imposed by this section shall be a lien upon
the property receiving curbside refuse collection, and any charges
that are delinquent shall be filed as a lien upon the property so
served, which lien shall be filed and collected in the manner provided
by law for the filing and collecting of municipal claims.
[Ord. 1987-8, 8/25/1987, § 10; as amended by Ord.
1997-2, 3/11/1997, § 2; and by Ord. 2002-01, 1/7/2001]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
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 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1990-14, 12/11/1990, § 1]
1.
The Commonwealth of Pennsylvania has enacted Act 101, of 1988, the
"Municipal Waste Planning, Recycling and Waste Reduction Act."
2.
Each municipality has the authority and duty to assure proper and
adequate transportation, collection and disposal of municipal solid
waste which is generated or present within its boundaries and to adopt
and implement programs for the collection and recycling of source-separated,
recyclable materials as provided in the Act.
3.
Manchester Township believes that the reduction of the amount of
solid waste and conservation of recyclable materials is an important
public concern and is necessary to implement the requirements of Pennsylvania
Act 101, the Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, and the York County Solid Waste Management Plan. The
separation and collection of used newspaper, paper, cardboard, glass,
plastics, cans and leaf waste for recycling from the residential,
commercial and institutional establishments in this Township will
minimize the adverse environmental effects of land filling by reducing
the need the need for landfills and conserving existing landfill capacity,
facilitate the implementation and operation of other forms of resource
recovery called for by the York County Solid Waste Management Plan,
conserve natural resources and hopefully help control the escalating
costs of solid waste disposal generally.
4.
As a goal, the Township will endeavor to recycle 25% or more of its
municipal solid waste by January 1, 1997, the established by Act 101.
[Ord. 1990-14, 12/11/1990, § 2]
For the purpose of this Part, the following terms, phrases or
words shall have the meaning ascribed to them in this section, except
where the context in which the word is used clearly indicates otherwise:
Empty all-aluminum, non-aerosol beverage and food containers.
Non-aerosol food or beverage containers consisting of all-steel
or of ferrous sides and bottom and an aluminum top (sometimes called
"tin" cans).
All corrugated or other cardboard normally used for packing,
mailing, shipping or containerizing goods, merchandise or other material,
but excluding plastic, form or wax-coated or soiled cardboard.
That individual, partnership, firm, corporation or business
entity designated by the Township by means of an independent contractor,
as the person having the exclusive right and privilege to collect,
haul, carry or remove municipal solid waste and/or recyclable materials
from dwelling units and small commercial establishments within the
Township.
Those properties used primarily for business purposes. Small
commercial establishments are those that have a low volume of solid
waste and utilize the Township contracted solid waste and recycling
service. Large commercial establishments are those with large volumes
of solid waste who contract privately for solid waste and recycling
services.
A microbial degradation of organic waste to produce a relatively
nuisance-free product of potential value as a soil conditioner.
A building used or portion thereof arranged or designed for
occupancy by not more than one family for living purposes and having
cooking facilities.
All empty bottles and jars made of clear, green or brown
glass, but not including non-container glass, light bulbs, window
or door plate glass, mirrors, porcelain and ceramic products.
Paper items generated primarily in offices and/or commercial
establishments. This may include colored or white computer paper,
copier paper, typing paper, letterhead paper, note pad paper and other
similar office paper.
Those facilities that house or serve groups of people, such
as hospitals, schools, colleges and nursing homes.
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass and clippings.
Printed matter consisting of usually glossy pages bound in
some fashion containing miscellaneous written pieces published at
fixed or varying intervals, excluding all other paper products of
any nature whatsoever.
Any property having three or more dwelling units per structure.
Any public facility operated by Manchester Township or other
governmental or quasi-governmental authority.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and other matters
of public interest, but not including, glossy advertising inserts
included with newspapers and not including magazines and periodicals
and not including high grade office paper.
Any individual, partnership, firm, corporation, association,
institution, cooperative, enterprise, municipality, municipal authority,
Federal government or agency, State institutions or agency or any
other legal entity whatsoever which is recognized by law as the subject
of rights and duties. It shall also mean owner, lessee or occupant
of a residential dwelling, commercial establishment or institutional
establishment. In any provision of this Part prescribing a fine, imprisonment
or penalty, or any combination thereof, the terms "person" shall include
the officers and directors of any corporation or other legal entity
having officers and directors.
Empty plastic soap, detergent or beverage container, but
not including plastic containers used for oils, paints, solvents,
chemicals or otherwise potentially hazardous materials and not including
any other plastic product.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastic and other materials which
would otherwise be disposed of or processed as municipal solid waste.
The plastic container provided by Manchester Township for
the express purpose of storing recyclable materials for collection
by the Township's collectors.
Those materials which may be processed or refabricated for
reuse and which are specified by the Township for separation from
the regular solid waste.
Any occupied single family, two-family or multifamily dwelling
property for which the Township provides municipal solid waste collection
service.
Garbage, trash, ashes, refuse and other discarded solid materials
whose original purpose has been completed.
Separation of recyclable materials from the solid waste stream
at the point of waste generation.
Manchester Township, York County, Pennsylvania, or its authorized
representative or representatives.
[Ord. 1990-14, 12/11/1990, § 3]
There is hereby established in Manchester Township a mandatory
source-separation and collection program for recyclable materials
from solid waste by persons residing in residential dwellings and
small commercial establishments from which solid waste is collected
by or on behalf of the Township.
[Ord. 1990-14, 12/11/1990, § 4]
1.
Recyclable materials for residential dwellings and small commercial
establishments are aluminum cans, bi-metal or steel cans, clear and
colored glass containers, plastic containers and newspaper from which
the Board of Supervisors of Manchester Township will, from time to
time, specify a minimum of three which shall be recycled.
2.
Recyclable materials from residential dwellings and small commercial
establishments shall be placed in recycling bins at the public street
or alley edge where solid waste is normally placed but separate from
solid waste for collection.
3.
At such times and dates as may be established by the Township, recyclable
materials for residential dwellings and small commercial establishments
shall be collected once every week in conjunction with the normal
weekly pick-up of solid waste.
4.
Recyclable materials for residential dwellings and small commercial
establishments shall be prepared for collection as follows:
A.
All newspaper shall be placed in brown paper bags or tied with string
in bundles not exceeding 35 pounds in weight nor exceeding one foot
in thickness.
B.
Glass and plastic containers shall have caps and lids removed and
discarded and then should be rinsed free of contaminates.
C.
Aluminum cans and bi-metal or steel cans should be rinsed free of
contaminates.
D.
Glass and plastic containers, aluminum cans and bi-metal or steel
cans shall be placed in the bin or bins provided by the Township.
No other solid waste shall be placed in the recycling bin.
E.
No recyclable materials shall be placed at the street or alley side
earlier than 7:00 p.m. the evening of the day preceding a scheduled
collection day. Recyclable materials must be placed by 7:00 a.m. on
the scheduled collection day. The bundled newspapers and the recycling
bins containing glass and plastic containers and cans shall be placed
at the street or alley side for collection adjacent to one another
and clearly separated from containers of solid waste.
[Ord. 1990-14, 12/11/1990, § 5]
Instead of having each dwelling unit use a separate recycling
bin, the owners, landlord or agent of any owner or landlord of multifamily
dwelling properties may establish a centralized collection system
for recyclable materials at each structure upon written approval of
the Township Public Works Director. Recyclable materials for multifamily
dwelling properties are the same as those of other residential dwellings.
The collection systems must include suitable containers for collecting
and sorting materials, easily accessible locations for the containers
and written instructions to occupants concerning the use and availability
of the collection systems. Owners, landlords and agents who comply
with is section shall not be liable for noncompliance of occupants
of their buildings.
[Ord. 1990-14, 12/11/1990, § 6; as amended by Ord.
2013-02, 4/9/2013]
Large commercial, institutional and municipal establishments
shall separate and store recyclable materials until collection. Recyclable
materials for large commercial, institutional and municipal establishments
shall be high grade office paper, aluminum cans and cardboard. These
establishments shall arrange for the transfer of recyclable materials
to a recycling system or recycling facility. These establishments
shall annually provide to the Township, no later than January 15,
1992, and yearly thereafter, on a form provided by the Township, evidence
of such arrangement and documentation of the total number of tons
of each of the recycled materials that were recycled during the previous
calendar year. Manchester Township shall provide facilities for recycling
at all public events involving 100 or more persons at all Township
parks and the Township multipurpose room.
[Ord. 1990-14, 12/11/1990, § 7]
Manchester Township shall furnish at no cost to each residential dwelling or small commercial establishment in the Township from which solid waste is collected by or on behalf of the Township a recycling bin in which recyclable materials are to be placed for collection as provided in § 20-205, Subsection 2, of this Part. Additional bins may be furnished upon request to the Township at a cost to be established, from time to time, by resolution of the Board of Supervisors. Manchester Township will replace at no cost any bins lost or destroyed by theft or vandalism upon filing of a report of such theft or vandalism with the Northern York County Regional Police Department.
[Ord. 1990-14, 12/11/1990, § 8; as amended by Ord.
2004-02, 2/10/2004]
1.
All persons who reside in residential dwellings and all persons responsible
for the management or operation of multifamily dwelling properties,
commercial, municipal and institutional establishments who gather
leaves shall source separate all leaves and place them for collection
in the fall of the year in a pile or row in the street (not in the
traffic lanes but about one foot out from the edge of any existing
curbing). This will allow safe passage of vehicles and allow proper
stormwater drainage. Collection of leaves will be done by the Township
during the fall of each year.
2.
All persons who reside in residential dwellings and all persons responsible for the management or operation of multifamily dwelling properties, commercial, municipal and institutional establishments who gather leaf waste as defined in § 20-202 of this Part other than leaves shall source separate such leaf waste and place it for collection a minimum of two times each year, at least once in spring and once in fall at times to be announced in advance by the Township. Collection of leaf waste other than leaves may be done by the Township's contracted collector or by the Township in special collections and not as a part of regular weekly collections of other waste.
3.
This section shall not require any person to gather leaf waste or
prevent any person from utilizing leaf waste for compost, mulch or
other legal agricultural, horticultural, gardening or landscape purposes.
[Ord. 1990-14, 12/11/1990, § 9]
Manchester Township may enter into a collection contract with
a collector for collection of all or part of recyclable materials
from the Township.
[Ord. 1990-14, 12/11/1990, § 10]
No person other than Manchester Township or its contracted collector
shall collect or pickup or cause to be collected or picked up any
recyclable material from residential dwellings and small commercial
establishments that has been placed for curbside pick-up within the
Township or dispose of the same in any manner. Each such collection
or pick-up in violation hereof shall constitute a separate and distinct
offense punishable as hereinafter provided.
[Ord. 1990-14, 12/11/1990, § 11]
1.
It shall be unlawful for:
A.
Any person to violate or to cause or to assist in the violation of
any provision of this Part or any provision of Pennsylvania Act 101
concerning recycling.
B.
Any person to place or to cause to be placed any material other than
a designated recyclable in a recycling bin.
C.
Any person to hinder, to obstruct, to prevent or to interfere with
the Township or its contracted collector in the performance of any
duty under this Part or in the enforcement of this Part.
D.
Any person to cause or to allow their pets to cause recyclable materials
to be scattered or spilled from recycling bins or bundles that have
been placed for collection.
E.
Theft of Township recycling bins.
F.
Wilful damage to and/or unauthorized use of recycling bins.
2.
All unlawful conduct set forth in this section shall constitute a
public nuisance.
[Ord. 1990-14, 12/11/1990, § 12]
The Township, or at the discretion of the Township, the designated
collector collecting solid waste generated within the Township may
refuse to collect solid waste from any person who has clearly failed
to source separate recyclables designated under an applicable section
of this Part.
[Ord. 1990-14, 12/11/1990, § 13]
Notwithstanding anything herein to the contrary, any resident
of the Township may donate or sell any recyclable material to any
other person; provided, however, that the person receiving the recyclable
material does recycle it and does not under any circumstances collect
the donated or sold recyclable material from the curbside. All recycling
bins and newspaper bundles placed at the curbside are deemed to be
containing recyclable materials intended for the Township or its contracted
collector.
[Ord. 1990-14, 12/11/1990, § 14]
1.
Nothing contained in this Part shall be construed to interfere with
or in any way modify the provisions of any existing contract which
is consistent with the laws of the Commonwealth of Pennsylvania and
in force in the Township on the effective date of this Part.
2.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclable shall be entered
into after the effective date of this Part, unless such renewal or
such contract shall conform to the requirements of this Part.
[Ord. 1990-14, 12/11/1990, § 15; as amended by
Ord. 1997-2, 3/11/1997, § 2; and by Ord. 2002-01, 1/7/2001]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
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 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
