[HISTORY: Adopted by the Board of Supervisors of the Township of
Antrim as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-1992 by Ord. No. 219]
This article shall govern and control all aspects of the collection,
storage, transportation, processing and disposal of municipal waste and recycling
in Antrim Township. It contains regulations applicable to haulers of municipal
waste, collectors of recyclables, individuals, commercial, municipal and institutional
establishments and community activities.
This article is being enacted in an effort to implement a recycling
program in order to return valuable materials to productive use, to conserve
energy and to protect capacity at municipal waste processing and disposal
facilities.
A.
In this article, unless the context clearly indicates
otherwise, the singular shall include the plural, the plural shall include
the singular and the masculine shall include the feminine and neuter.
B.
AGENT
ALUMINUM CANS
APPLICANT
AUTHORIZED COLLECTOR
BIMETALLIC CANS
BULKY ITEMS
COLLECTOR
COMMERCIAL
COMMUNITY ACTIVITY
COMPOSTING
COMPOSTING FACILITY
CORRUGATED PAPER
CURBSIDE COLLECTION
DISPOSAL
DISPOSAL AREA
GARBAGE
GLASS CONTAINERS
HIGH-GRADE OFFICE PAPER
INSTITUTIONAL
LANDLORD
LEAF WASTE
LEAF COMPOSTING FACILITY
LICENSED HAULER
MAGAZINES
MULTIFAMILY HOUSING PROPERTY
MUNICIPAL
MUNICIPAL WASTE
NEWSPRINT
PERSON
PLASTIC BEVERAGE CARRIER
PLASTIC CONTAINERS
PRIVATE HOUSEHOLD WASTE
PROCESSING
PUBLIC CONTAINER
RECYCLABLE COLLECTION PERMITTEE
RECYCLABLES
RECYCLING
RECYCLING CENTER
RESIDENTIAL
RESOURCE RECOVERY FACILITY
(1)
(2)
(3)
(4)
RUBBISH
SOLID WASTE
STEEL CANS
STORAGE
TOWNSHIP
TRANSPORTATION
TRASH
WASTE
YARD WASTE
YARD WASTE COMPOSTING FACILITIES
As used in this article, the following terms shall have
the meanings indicated:
One who performs an act for his or her immediate family or for another
person gratuitously (without any form of monetary or material compensation
therefor).
Empty, all-aluminum beverage and food containers.
A person desirous of being licensed as a hauler or of being issued
a recyclable collection permit, as the case may be.
A licensed hauler (as defined herein); a recyclable collection permittee
(as defined herein); or a person who, being so authorized by the terms of
this article, removes municipal waste or recyclables from his or her own premises,
as owner of the building or commercial, municipal or institutional establishment
or community activity conducted therein, or as an agent (as defined herein)
of another person.
Empty food or beverage containers consisting of both steel and aluminum.
Discarded "white goods" (major appliances), televisions, mattresses,
furniture, air conditioners and similar household items.
Any person who collects, for removal from premises, municipal waste
or recyclables.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, financial or professional service or office enterprise, business
or establishment.
An activity or event sponsored or organized by a public or private
nonprofit organization for recreational, educational, cultural or civic purposes,
which may be attended by members of the public, whether or not an entrance
or participation fee is charged therefor.
The process by which organic solid waste is biologically decomposed
under controlled anaerobic or aerobic conditions to yield a humus-like product.
A facility using land for processing of municipal waste by composting.
Structural paper material with an inner core shaped in rigid parallel
furrows and ridges, of the type normally used to make packaging cartons and
boxes.
A method of collection of residentially generated recyclables and
municipal waste by which the owners or occupants of certain residential properties
may dispose of their recyclables by placing them at curbside (along the street)
or within the private right-of-way fronting along their property or which
provides access to the property at times designated by the Antrim Township
Supervisors or the collector for collection and removal by an authorized collector
for delivery to a recycling center.
The incineration, deposition, injection, dumping, spilling, leaking
or placing of municipal waste into or on the land or water in a manner such
that the municipal waste or a constituent thereof enters the environment,
is emitted into the air or is discharged to the waters of the Commonwealth
of Pennsylvania.
Any site, location, area, building, structure, transfer station or
premises to be used for municipal waste disposal.
All putrescible animal and vegetable matter resulting from the handling,
preparation, cooking and consumption of food.
All empty food and beverage jars or bottles made from silica or sand,
soda ash and limestone, the product being transparent or translucent (either
clear, green or brown); excluding, however, blue glass, flat glass, plate
glass, glass commonly known as "window glass," automotive glass and ceramic
and porcelain products.
Any white paper other than newsprint, magazines or other chemically
coated paper or corrugated paper, of the type commonly used for letter writing
stationery, note paper, plain paper, photocopying machines, computer printers,
and other general-purpose paper, whether or not any printed or written matter
is contained thereon.
Of or pertaining to any establishment engaged in service to persons,
including but not limited to hospitals, nursing homes, orphanages, schools,
universities, churches and social or fraternal societies and organizations.
The owner of residential property or such owner's authorized agent
or representative.
Leaves, garden residues, shrubbery and tree trimmings (less than
four feet in length and two inches in diameter), and similar material, but
not including grass clippings.
A facility for composting vegetative material, including leaves,
garden residue and chipped shrubbery and tree trimmings. The term does not
include a facility that is used entirely or partly for composting grass clippings.
A person licensed by Antrim Township to collect, haul, transport
and dispose of municipal waste.
Printed matter, also known as "periodicals," containing miscellaneous
written prices published at fixed or varying intervals, printed on glossy
or chemically coated paper. Expressly excluded are newspapers and all other
paper products of any nature whatsoever.
A type of residential property either under single ownership by a
person or organized as a condominium or cooperative form of housing, which
contains four or more dwelling units.
Of or pertaining to any office or other property under the control
of any branch or arm of the federal government of the United States of America,
the Commonwealth of Pennsylvania, or any political subdivision of the Commonwealth
of Pennsylvania, including but not limited to Antrim Township, any counties,
cities, boroughs, townships and municipal authorities.
An all-encompassing, most general term meaning 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, except farm produced manure; other agricultural
waste; food processing waste used on land where such materials will improve
the condition of the soil, the growth of crops or the restoration of the land
for the same purposes; any sludge not meeting the definition of residual or
hazardous waste as defined in Commonwealth of Pennsylvania Solid Waste Management
Act;[1] but excluding recyclables.
Paper of the type commonly referred to as newspaper and distributed
at fixed or stated intervals, usually daily or weekly, having printed thereon
news and opinions and containing advertisements and other matters of public
interest. The term "newsprint" expressly excludes glossy advertising inserts,
magazines, glossy or other chemical coated paper, office paper and any other
paper products of any nature.
Any individual, partnership, cooperative enterprise, municipality,
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. In any provisions of this article prescribing a fine
or penalty, the term "person" shall include the officers and directors of
any corporation or other legal entity having officers and directors.
[Amended 7-8-1997 by Ord. No. 246]
Plastic rings or similar plastic connectors used as holding devices
in the packaging of beverages, including but not limited to all carbonated
beverages, liquors, wines, fruit juices, mineral waters, soda and beer.
Empty plastic food and beverage containers, the specific types of
which may, from time to time, be designated by resolution of the Antrim Township
Supervisors.
Solid waste generated in a residence.
Any technology used for the purpose of reducing the volume or bulk
of municipal waste, or any technology used to convert part or all of such
waste materials for off-site reuse. Processing facilities include, but are
not limited to, transfer stations, composting facilities and resource recovery
facilities.
Any device owned by any local, state or federal government in which
solid waste is held for storage or transportation.
A person authorized by the Township, through the issuance of a permit
therefor, to collect, transport and dispose of recyclables exclusively (and
not municipal waste) for persons other than himself or herself, his or her
immediate family, or persons for whom he or she is acting as an agent (as
defined herein).
Materials designated as recyclables in this article, or required
by the terms of this article (or any amendment hereto) to be kept separate
from municipal waste and recycled.
The collection, separate maintenance, recovery, and sale or reuse
of recyclables which would otherwise be disposed of or processed as municipal
waste, or the mechanized separation and treatment of municipal waste (other
than through combustion) and creation and recovery of reusable materials other
than a fuel for the operation of energy.
A facility designed to and which does act as a collection center
for the processing, storage, and shipment of recyclables. The term specifically
excludes charitable organizations that accept recyclables for collection but
do not process such recyclables.
Of or pertaining to any dwelling unit used as place of human habitation
and which is not commercial, municipal, institutional, or a community activity.
Home occupations incidental to the residential use within a building are considered
residential.
A processing facility that provides for the extraction and utilization
of materials or energy from municipal waste that is generated off site, including
but not limited to a facility that mechanically extracts materials from municipal
waste, a combustion facility that converts the organic fraction of municipal
waste to usable energy, and any chemical and biological process that converts
municipal waste into a fuel product. The term also includes any facility for
the combustion of municipal waste that is generated off-site, whether or not
the facility is operated to recover energy. The term does not include:
Any composting facility.
Methane gas extraction from a municipal waste landfill.
Any separation and collection center, drop-off point or collection center
for recycling or any source separation or collection center for composting
leaf waste.
Any facility, including all units in the facility, with a total processing
capacity of less than 50 tons per day.
Leaves, branches, trees, sawdust, chips, shavings, wood, woodenware,
leather, rags, grass, straw and all solid combustible matter not included
in this section under the definition of "garbage."
Waste, including but not limited to municipal waste, residual or
hazardous wastes (as defined in the Solid Waste Management Act of Pennsylvania),[2] including solid, liquid, semisolid or contained gaseous materials.
Empty food or beverage containers made of steel, tin-coated steel,
or other ferrous metal food or beverage containers.
The containment of any municipal waste on a temporary basis in such
a manner as not to constitute disposal of such municipal waste. It shall be
presumed that the containment of any municipal waste in excess of one year
constitutes disposal. This presumption can only be overcome by clear and convincing
evidence to the contrary.
Antrim Township, Franklin County, Pennsylvania.
The off-site removal of any municipal waste at any time after generation
thereof.
Any solid waste, excluding food waste.
A material whose original purpose has been completed and which is
directed to a disposal or processing facility or is otherwise disposed of.
The term does not include source-separated recyclable materials or material
approved by the Commonwealth of Pennsylvania Department of Environmental Protection
for beneficial use.
Grass clippings, prunings and other discarded materials from yards
and gardens.
A facility that is used to compost grass clippings, including a facility
that is used to compost leaf waste.
A.
Dumping and littering prohibited. It shall be unlawful
for any person to store, dump, discard or deposit or to permit the storage,
dumping, discarding or depositing of any solid waste or recyclables upon the
surface of the ground or underground within the Township, except in proper
containers for purposes of storage or collection; however, if proper containers
cannot be obtained for the purpose of storage or collection, then the solid
waste or recyclables may be stored or collected without containers. It shall
be unlawful for any person to dump or deposit any solid waste or recyclables
in any stream, body of water or on any public right-of-way within the Township.
B.
Presumption of ownership. The presence of any articles
containing a person's name among solid waste or recyclables shall create a
rebuttable presumption, for purposes of this article, that said solid waste
or recyclables are the property of the person whose name is found therein.
This presumption can only be rebutted by clear and convincing evidence to
the contrary.
C.
Agricultural activities. Nothing contained herein shall
prohibit a farmer from carrying out the normal activities of his farming operation,
including composting and spreading of manure or other farm produced agricultural
waste; provided that such activities are conducted in accordance with all
applicable laws, rules and regulations.
A.
General. The storage of all municipal waste shall be
practiced so as to prevent the attraction, breeding or harborage of insects
or rodents and to prevent conditions which may create potential hazards to
the public health or which may create fire and other safety hazards, odors,
unsightliness or public nuisance.
B.
Standards for accumulation and storing. Any person accumulating
or storing municipal waste on private or public property in the Township for
any purpose whatsoever shall place the same, or cause the same to be placed,
in sanitary closed or covered containers in accordance with the following
standards:
(1)
Containers used for the storage of municipal waste shall
be metal, plastic or fiberglass construction; rust and corrosion resistant,
equipped with lids and waterproof (except that lids shall be optional on large
bulk containers commonly known as "dumpsters").
(2)
All garbage shall be drained of excess liquids and wrapped
in paper or be placed in plastic bags before being placed in the waste storage
containers described above, and all ashes shall be free of any burning material
before being deposited for collection.
(3)
No person, except the occupants of the property on which
a waste container is placed, an authorized licensed hauler, and a Township
official, employee or agent shall remove the lids of the container and/or
remove the contents thereof.
(4)
All hazardous waste (as defined in the Solid Waste Management
Act of Pennsylvania[1]), including but not limited to municipal waste of a highly flammable
or explosive nature or highly infectious or contagious municipal waste, shall
not be stored for ordinary collection, but shall be specifically disposed
of in accordance with the directions of the Township or of any state or federal
authority having jurisdiction thereof.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(5)
Containers, other than bulk containers, shall be placed
at such locations as may be agreed upon by the person and the authorized licensed
hauler.
(6)
Plastic bags may be used as inserts in the containers.
(7)
Containers may be placed at the agreed location for pickup
not earlier than 5:00 p.m. of the day prior to the day of collection.
(8)
Bulk containers (such as dumpsters) shall be placed,
whenever possible, at ground level and at a point on the property being serviced
by the collector which will enable clear and easy access to the container
by the collector's vehicle.
(9)
Bulk containers shall not be permitted to overflow or
to have waste strewn or left about them on the ground. A violation of this
provision shall be deemed a violation of this article by the person on whose
property the bulk container is located, if it is located on private property.
A.
Property owner compliance. All owners of property within
the Township shall provide for the regular preparation, collection and removal
of all municipal waste generated at such properties in one of the approved
manners set forth herein.
(1)
Self-collection and removal. If a person, agent or establishment
(being so authorized by the terms hereof) collects and removes their own municipal
waste, they shall do so at a minimum of every 30 days or at shorter intervals,
in order to prevent odors, vectors or accumulations of refuse or garbage that
are unsafe, unsightly, or potentially harmful to the public health. Any municipal
waste so removed shall be disposed of in accordance with the requirements
of this article.
(2)
Contracts with licensed haulers.
(a)
Every owner or occupant of residential property and every
other person who, or establishment which, does not collect and remove their
own municipal waste, as aforesaid, shall contract with a licensed hauler for
the regular, scheduled curbside collection and removal of the municipal waste
at least once each week. Municipal waste shall be prepared for collection
and be collected and removed from such person's or establishment's property
at least once each week, except where conditions beyond the control of the
licensed hauler prevent it. No person other than a licensed hauler or an agent
shall collect or remove municipal waste from any other person's property.
(b)
All agreements for collection, transportation, and disposition
of municipal waste shall be by private contract between the owner or occupant
of the property where the waste is generated and the licensed hauler who is
to collect such waste.
B.
Collection on Sunday prohibited. Licensed haulers shall
not collect residential municipal waste from properties within the Township
limits on Sunday.
C.
Township collection/contracts. Nothing herein shall limit
the right of the Township to implement public collection of solid waste either
by entering into contracts or by engaging in any collection practice permitted
by law.
D.
Private hauling permitted. Nothing contained herein shall
be deemed to prohibit any person from hauling municipal waste on an irregular
and unscheduled basis to a facility permitted by the Commonwealth of Pennsylvania,
Department of Environmental Protection, and which is approved for disposal
in the Franklin County Solid Waste Plan, provided that such hauling shall
be in addition to, and not in place of, the regular removal of municipal waste
as required by this section and provided that such is not in violation of
any county or other municipal law or regulation.
E.
Recyclables; leaf waste. Nothing in this section shall
modify the requirements in this article pertaining to separation and disposal
of recyclables. Nothing in this section shall impair the ability of the Township
to provide a system of placement for removal and public collection of leaf
waste, or the Township residents to utilize such system of public collection
of leaf waste, anything herein contained to the contrary notwithstanding.
A.
Any person transporting municipal waste within the Township
shall prevent or remedy any spillage from vehicles or containers used in the
transport of such municipal waste.
B.
All persons authorized to collect municipal waste shall
do so in vehicles that are provided with either closed, covered containers
or which have measures taken to prevent waste from being blown or falling
from the vehicle.
The use of public containers for the disposal of private household waste
will be prohibited.
A.
Unless otherwise providing for composting, all persons
shall keep leaf waste separate from all other forms of municipal waste and
separate from recyclables. Such waste shall be set out for collection in a
manner to be designated by the collector and shall be disposed of by the collector
in accordance with Pennsylvania Department of Environmental Protection regulations.
B.
Nothing herein shall require any person to gather leaf
waste or prevent any person from utilizing leaf waste for compost, mulch or
other agricultural purposes.
A.
General. Recyclables shall be kept separate from and
disposed of separately from municipal waste, to the extent required by the
following provisions and the hauler's guidelines:
(1)
Owners and occupants of all residential property shall
keep separate from other waste but may commingle (mix) the following recyclables:
clear glass, colored glass and aluminum, steel and bimetallic cans, and newsprint
which shall each be tied or bundled separately.
(2)
Owners and occupants of all commercial, municipal and
institutional establishments and properties and sponsors or organizers of
community activities shall keep separate from other waste but may commingle
(mix) the following recyclables: clear glass, colored glass, aluminum, steel
and bimetallic cans. Corrugated paper, high-grade office paper and newsprint
shall each be tied or bundled separately.
(3)
Alternatively the Township Supervisors may by resolution
enumerate alternative recyclables which will be required to be separated from
municipal waste and collected in accordance with this article.
B.
Paper products; metal; glass; limitations. Corrugated
paper, high-grade office paper and newsprint shall be placed in easy-to-manage
bundles not to exceed 40 pounds and kept dry. Glass containers and aluminum,
steel and bimetallic cans shall be emptied. Aluminum, steel and bimetallic
cans and glass containers may be mixed together and shall be placed in containers
which when full shall not exceed 40 pounds. Lids shall be removed from all
glass containers. High-grade office paper shall be placed in containers not
to exceed 40 pounds. Recyclables shall not be placed in the same garbage can
or other container as, or otherwise mixed with, municipal waste for collection,
removal or disposal. Recyclables shall not be placed in plastic bags or corrugated
boxes.
A.
General. For residential properties other than multifamily
housing projects, all recyclables which are required to be kept separate in
residential properties pursuant to § 118-10 above, shall be placed
at the appropriate location on the premises to be collected at times designated
by the licensed hauler or recyclable collection permittee. The frequency of
such collection shall be not less than once per month.
B.
Licensed hauler; location of recyclables. If the recyclables
are to be collected by a licensed hauler, then the recyclables shall be set
out within the public right-of-way for collection.
C.
Other collectors; location of recyclables. If the recyclables
are to be collected by an authorized collector other than a licensed hauler
then the recyclables shall be placed at an area other than within the public
right-of-way.
A.
General.
(1)
For multifamily housing properties, all recyclables which
are required to be kept separate in residential properties pursuant to § 118-10
above shall either be delivered directly to a recycling center or shall be
picked up by a recyclable collection permittee or a licensed hauler separately
from municipal waste in a prearranged manner. If any recyclables are picked
up by a recyclable collection permittee, then all recyclables generated at
the property shall be made available to such recyclable collection permittee
for collection. The landlord of every multifamily housing property shall require,
by a clause in the lease or other enforceable rule or regulation, that the
tenants in such property comply with the requirements of this article governing
separation and disposal or placement for removal of recyclables in multifamily
housing properties. Every such landlord shall set up a convenient and practical
collection system in such properties for the collection, storage and regular
disposal or placement for removal of recyclables generated by the residents
of such properties.
(2)
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.
B.
Compliance. Owners, landlords and agents of owners or
landlords who comply with the aforementioned requirements relative to multifamily
housing properties shall not be liable for the noncompliance of occupants
of their building.
All recyclables which are required to be kept separate in commercial,
municipal and institutional establishments and properties and community activities
pursuant to § 118-10, above, shall either be delivered directly
to a recycling center or shall be picked up by a recyclable collection permittee
or a licensed hauler separately from municipal waste in a prearranged manner.
If any recyclables are picked up by a recyclable collection permittee, then
all recyclables generated at the property shall be made available to such
recyclables collection permittee for collection.
A.
Reports required. The landlord of every multifamily housing
property or his or her agent or representative shall complete a form to be
designated "Recycling Report - Multifamily Housing Properties," to be provided
by the Township, which shall indicate where the property's recyclables were
delivered.
B.
Responsibility; time for submitting. The recycling report
and all weigh slips obtained from the facility or facilities to which the
recyclables were delivered or taken shall be submitted quarterly to the Township.
For purposes of submitting such weigh slips and recycling reports quarterly
to the Township, the collector who removed the recyclables from the property
shall be the agent for the landlord and shall be responsible for completing
and submitting such to the Township. Each such quarterly report shall be submitted
on or before the last day of the first month of each quarter, for the preceding
quarter. Quarters shall run on a calendar-year basis thus: January through
March; April through June; July through September; and October through December.
A.
Reports required. Every commercial, municipal and institutional
establishment and community activity sponsor shall complete a form to be designated
"Recycling Report - Commercial, Municipal and Institutional Establishments
and Community Activities," to be provided by the Township, which shall indicate
where the establishment's or activity's recyclables were delivered.
B.
Responsibility; time for submitting. The recycling report
and all weigh slips obtained from the facility or facilities to which the
recyclables were delivered or taken shall be submitted quarterly to the Township.
For purposes of submitting such weigh slips and recycling reports quarterly
to the Township, the collector who removed the recyclables from the property
shall be the agent for the operator of the establishment or sponsor of the
activity and shall be responsible for completing and submitting such to the
Township. Each such quarterly recycling report shall be submitted on or before
the last day of the first month of each quarter, for the preceding quarter.
Quarters shall run on a calendar year basis, thus: January through March,
April through June; July through September; and October through December.
A.
From the time of placement for collection of residentially
generated recyclable items for collection in accordance with the terms of
this article, the items shall be and become the property of the Township or
its authorized agent. It shall be a violation of this article for any person
unauthorized by the Township to collect or pick up or cause to be collected
or picked up any such items. Any and each such collection in violation hereof
from one or more locations shall constitute a separate and distinct offense
punishable as hereinafter provided.
B.
It shall be unlawful for a person to collect, remove
or dispose of municipal waste which contains recyclables, required to be separated
by that person, combined therewith.[1]
[1]
Editor's Note: Former Section 207, Recycling Center, which immediately
followed this subsection, was deleted 7-8-1997 by Ord. No. 246.
A.
General. It shall be unlawful for any person, other than
such persons as are duly authorized by the Township, to collect and to transport
municipal wastes of any nature or recyclables within or from the Township.
B.
Authorization required. Authorization to collect, transport
and dispose of municipal waste or recyclables for persons other than one's
self or for whom one is acting as an agent (as defined in this article) may
be given only by the Township through the issuance of a hauler's license or
a recyclable collection permit. A person who collects recyclables only shall
apply for and obtain a recyclable collection permit. A person who collects
municipal waste exclusively or in addition to recyclables shall apply for
and obtain a hauler's license.
C.
Rules and regulations. The Board of Supervisors may,
from time to time by resolution, promulgate rules and regulations reasonable
and necessary for the proper and effective administration of this article.
The Board may also, from time to time, revise or alter application forms and
any other forms reasonable and necessary to the proper and effective administration
of this article.
D.
Compliance by haulers and permittees. All licensed haulers
and recyclable collection permittees shall have an affirmative duty to follow
and conduct themselves in accordance with their current license or permit,
and to service each of their customers in accordance with the requirements
of this article and rules and regulations as may be promulgated from time
to time by resolution of the Board of Supervisors, any failure of which shall
be a violation of this article.
E.
Limited exemptions. Collectors of bulky items, trash
and rubbish who collect on a unscheduled, sporadic basis, (such as "you call,
we haul" operators) shall be exempt from these regulations.
F.
Approval of applications. All applications for such licenses
or permits shall be evaluated and approved in accordance with the criteria
set forth in the rules and regulations.
A.
Residential customers. Every hauler, as a precondition
to being licensed to do business within the Township, shall be required to
provide to its residential customers the service of removing recyclables from
their properties at the curbside (within the public right-of-way). Any such
recyclables so removed by licensed haulers shall be kept separate from municipal
waste, and shall be taken to a recycling center. Licensed haulers shall take
all of their customers recyclable materials to a recycling center.
B.
Commercial, municipal and institutional establishments
and properties. Every hauler, as a precondition to being licensed to do business
within the Township, shall be required to provide to its commercial, municipal,
institutional and multifamily housing property customers the service of removing
recyclables from their properties. Any such recyclables so removed by licensed
haulers shall be kept separate from municipal waste and shall be taken to
a recycling center. Licensed haulers shall take all of their customers' recyclable
material to a recycling center.
A.
Haulers' responsibilities. No licensed hauler shall accept,
pick up or remove any bag or other container of municipal waste which the
hauler knows or has reason to believe contains recyclables required to be
separated, combined with municipal waste.
B.
Administration. Upon discovery of such recyclables combined
with municipal waste placed at curbside or otherwise placed for pick up, the
hauler shall affix a tag or sticker to the container containing the recyclables
(which tag or sticker will be provided by the hauler), retain a duplicate
for his or her records, and deliver a triplicate to the designated office
of the Township within 48 hours. When the hauler utilizes a tag or sticker
pursuant to this section, he or she shall fill in the information requested
thereon, including the address at which the container is located and the reason
which led him or her to know or believe the container contained recyclables
(e.g., he or she saw newspaper or he or she heard bottles rattling). The hauler
shall leave such container with the tag or sticker placed thereon where he
or she found it.
All licensed haulers doing business within the Township shall make available
to their customers the service of removal of "bulky items" not less than frequently
than once per year.
In the event of any missed pickup, the collector shall collect from
the missed location before the end of the next business day.
[Amended 7-8-1997 by Ord. No. 246]
All complaints regarding collection of recyclables or solid waste shall
initially be reported to the collector. Any reasonable complaint shall be
given prompt and courteous attention by the collector. Any complaint which
the collector fails to resolve shall be reported in writing to the Township.
A.
Voluntary projects; authorization required. Nothing contained
herein shall impair or prohibit any recognized religious, civic, fraternal,
charitable or benevolent organization, association or society from undertaking
or sponsoring voluntary programs or projects involving the collection of recyclables
from the public. Any such collection activity can only occur prior to the
recyclable materials being placed at curbside or similar location for collection
by an authorized collector. Prior to initiating such activity the organization
shall obtain authorization from the Township.
B.
Sale/donation of recyclables. Nothing herein shall be
deemed to prohibit any person from donating or selling any recyclables to
individuals or organizations unless or until such recyclables are placed at
curbside or a similar location for collection by an authorized collector.
A.
This article shall be enforced by action brought before
a District Justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. Any person who
violates or permits the violation of this article shall, upon conviction in
a summary proceeding, be punishable by a fine of not more than $1,000 or by
imprisonment for a term not exceeding 90 days. Each day or portion thereof
that such violation continues, or is permitted to continue, shall constitute
a separate offense. Each section of this article that is violated shall also
constitute a separate offense.
[Amended 7-8-1997 by Ord. No. 246]
B.
For the purpose of this section, the doing of any act
or thing prohibited by any provision of this article, or the failure to do
any act or thing as to which any provision of this article creates an affirmative
duty, shall constitute a violation of this article, punishable as herein stated.
[Adopted 8-6-1992 by Ord. No. 222]
This article shall be known and may be cited as "Antrim Township Landfill
Ordinance."
A.
BOARD
LANDFILL
PRIME AGRICULTURAL SOILS
As used in this article, the following terms shall have
the meanings indicated:
The Board of Supervisors of Antrim Township.
Includes municipal waste and residual landfills.
Soils classified as "prime agricultural soils" in Plat Number 8 of
the Comprehensive Plan for Antrim and Greencastle, dated April 14, 1992, and
approved June 1 and June 9, 1992.
B.
The definitions contained in the Solid Waste Management
Act (35 P.S. § 6018.101 et seq.), the Municipal Waste Planning,
Recycling and Waste Reduction Act (53 P.S. § 4000.101 et seq.),
and regulations promulgated pursuant to those acts, are applicable to this
article.
C.
In this section, the singular shall include the plural,
and the masculine shall include the feminine and neuter.
Municipal waste landfills and residual landfills shall be permitted
subject to the conditions stated in this article.
Landfills must be conducted and maintained in such a manner as to ensure
the health, safety and welfare of the citizens of Antrim Township.
A.
Landfills shall not be located in an area with soils
classified by the Soil Conservation Service as prime agricultural soils.
B.
A landfill shall not be located on property which has
any creek, stream, run or any other free-flowing body of water within 100
feet of the boundary lines of said landfill, nor shall any such creek, stream,
run or free-flowing body of water run through any land upon which it is proposed
to locate a landfill. Temporary water runoff such as that present in swales
after a rainstorm shall not be considered a creek, stream, run or any other
free-flowing body of water for the purpose of this article.
C.
No part of the landfill shall be established within 500
feet of any occupied dwelling.
D.
No landfill shall be established within 300 feet of any
building that is currently being occupied by people for periods in excess
of five hours per day.
E.
No landfill shall be established within 100 feet of a
property line.
F.
No landfill shall be established within 100 feet of a
public right-of-way. Where the right-of-way is bounded on both sides by a
landfill, under a single ownership, the landfill shall be set back 100 feet
on each side of the right-of-way.
G.
No part of a landfill shall be established within 1,500
feet of a water supply for domestic use.
A.
Buffer zone. There shall be a two-hundred-foot buffer
zone between the landfill and the adjoining properties.
B.
Plantings. Trees and/or shrubs shall be planted to screen
the landfill from view and from adjacent rights-of-way. The plantings must
consist of evergreen trees and shrubs designed and planted so as to completely
screen the landfill from view and create a solid screen six feet in height.
The planting shall be located between the right-of-way line and the fencing
required by Department of Environmental Protection (DEP) rules and regulations,
leaving ample area so as not to obstruct or encroach upon the right-of-way
line when plantings are sufficiently grown, and leaving sufficient area and
space for vehicles to pass between adult plantings and fencing.
C.
Fencing. Fencing shall be as required by DEP rules and
regulations.
The landfill shall be opened, and dumping and depositing therein shall
be permitted only from 7:00 a.m. to 4:30 p.m. Monday through Friday, and 7:00
a.m. to 11:30 a.m. Saturdays. However, on the Saturday immediately following
a week within which a national holiday occurs, the landfill shall be allowed
to remain open from 7:00 a.m. to 4:30 p.m. on that Saturday. The following
are national holidays: Christmas, Easter, Thanksgiving, Fourth of July, Memorial
Day, Martin Luther King Day, Presidents' Day, Labor Day.
In order to prevent trucks departing the landfill from depositing dirt
and debris on public roads, all access roads shall be paved with macadam 1,000
feet from the point the access road intersects with the public roads or, in
the alternative, all trucks leaving the landfill shall be washed immediately
prior to departing. The truck shall be washed in such a manner to prevent
debris and dirt from being deposited on public roads.
A.
No person shall start, maintain, continue to maintain,
or expand, whether for commercial purposes or otherwise, any landfill within
Antrim Township unless such landfill has an approved landfill application
from the Board of Supervisors of Antrim Township. Application for such approval
shall be made to the Board of Supervisors of Antrim Township and shall be
in writing, under oath and in the form prescribed by the Board of Supervisors.
B.
Required information.
(1)
Said application shall contain the following information:
(a)
Name of the applicant and address for the past five years,
the location of the premises upon which the landfill is to be conducted, and
the name of the owner or owners of said property, if other than the applicant.
(b)
Upon any subsequent applications, a statement that during
the preceding term of his or her approval he or she complied with and maintained
the premises in full compliance with the provisions of this article.
(c)
A description of the premises upon which the landfill
is to be established, specifying therein setback lines, structures erected
thereon, any premises to be so used, and the book and page number identifying
the deed of record as recorded by the Franklin County Recorder of Deeds.
(2)
If the applicant is a partnership or association, the
applicant shall furnish the information required in Subsection B(1) above
for every member of the association or partnership. If the application is
a corporation, the applicant shall furnish the information requested in Subsection
B(1) above for each officer and director thereof.
(3)
The application shall be signed by the applicant if an
individual; by all members if the applicant is a partnership or association;
and by the president, secretary and chairman of the board, if the applicant
is a corporation.
(4)
A physical plan of the landfill drawn to scale shall
be submitted with the application, including the following:
(a)
Tac metes and bounds upon which the landfill is to be
maintained, the area presently in use as a landfill, and the area for which
a permit has been granted by the Department of Environmental Protection under
the Solid Waste Management Act, as amended.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(b)
All streams, creeks, runs or other free-flowing bodies
of water within 500 feet of any present or intended landfill.
(c)
All property lines within 200 feet of the landfill.
(d)
All buildings within 400 feet of the landfill.
(e)
All rights-of-way within 200 feet of the landfill.
(f)
All water supplies for domestic use within 2,000 feet
of the landfill.
(h)
Soil embankments for noise, dust and visual barriers;
and heights of soil mounds, including proposed soil erosion and sedimentation
control which has been favorably reviewed by the Soil Conservation Service.
(i)
Stormwater management provisions.
(j)
Interior road pattern identifying their relation to yard
operation and points of ingress and egress onto state and Township roads.
(k)
Source of water, if plans show use of water, and location
of all monitoring wells.
(6)
A separate application is required for each landfill.
(7)
The application, with the required fees, deposits, written
approvals, comments and/or recommendations, as well as other documents or
evidence that may be required by any federal, state, or local board or agency
shall be submitted to Antrim Township at the Antrim Township Municipal Building
during regular business hours, at least 15 calendar days prior to the next
scheduled meeting of the Antrim Township Board of Supervisors at which said
application is to be reviewed.
(8)
The application shall have attached to the application
form, in addition to these aforereferenced approvals, the comments and recommendations
of the Antrim Township Planning Commission, the Antrim Township Zoning Hearing
Board, the Antrim Township Zoning Officer, the Antrim Township Solicitor,
the Antrim Township Administrator and the Antrim Township Secretary.
(10)
Every prospective landfill shall pay an application fee
of an amount set forth from time to time by resolution of the Board of Supervisors,
for each application. An application renewal fee, of an amount set forth from
time to time by resolution of the Board of Supervisors, shall be paid annually
on the anniversary of the effective date of the initial approval. Said fees
are to defray Township costs of administering this article.
[Amended 7-8-1997 by Ord. No. 246]
(11)
Approvals shall be issued for a term of one calendar
year.
(12)
The landfill may be inspected and reviewed at any time
during the one-year term of the initial approval of the application. A failure
to comply with this article can result in said approval being revoked by Antrim
Township.
(13)
The Board of Supervisors of Antrim Township, upon receipt
of an application timely filed, shall review said application at its next
regularly scheduled meeting. After an examination of the application, the
Board of Supervisors will consider the suitability of the proposed premises
for the purpose, the character of the property adjacent thereto, the effect
of the proposed use on the surrounding properties, the environment, as well
as the health, welfare and safety of the citizens of the Township. Upon approval
of the application, the Board of Supervisors of Antrim Township shall stamp
the application approved. The name of the landfill owner and address of the
premises approved for use as a landfill shall be designated upon said approval.
Said approval shall be at all times conspicuously displayed and posted upon
the premises. Said approval issued by the Board of Supervisors is not transferable
or assignable.
(14)
No subsequent approval shall be issued to any applicant
who has shown a lack of ability or intention to comply with any provision
of this article.
The landfill shall prevent any municipal and residual waste, including
the residue of said waste, from blowing, leaking or otherwise escaping from
the landfill onto any public or private property in Antrim Township. In the
event of a violation of this article, in addition to any other penalties provided
herein, the applicant shall remove and/or clean any such refuse within 24
hours unless prevented from doing so in an emergency caused by adverse weather
conditions. If the applicant shall be prevented from cleanup within 24 hours
by adverse weather conditions, he or she shall have 24 hours after the weather
condition is clear to correct the problem.
A.
The landfill shall provide liability insurance in the
amount of $10,000,000 for claims of liability against the Township, the Board
of Supervisors, its employees, agents, or representatives. However, the Board
of Supervisors may require the amount of the liability insurance to be increased
in order to prevent adverse effect upon public health and safety or public
welfare and the environment while the landfill is active and after closure.
B.
Any cancellation of the landfill owner's insurance, either
in part or in total, shall be just cause of revocation of the approval issued
under this article.
The landfill shall be responsible for the cleanup and policing of all
areas and adjacent properties to which any materials are spread by natural
or artificial means from said municipal waste landfill site.
A.
The Township, or its designated agent, shall have the
right to enter the landfill site for the purpose of monitoring compliance
with this article without notice during normal operational hours, and shall
have the right to inspect during nonoperating hours upon 24 hours advance
notice to the landfill.
B.
Pursuant to the Municipal Waste Planning, Recycling,
and Waste Reduction Act (53 P.S. § 4000.101, et seq.), certain employees
of Antrim Township have been certified as municipal inspectors to ensure that
municipal waste landfills are in compliance with the Solid Waste Management
Act (35 P.S. § 6018.101 et seq.). Said employees are appointed and
authorized to enforce the Solid Waste Management Act, the Municipal Waste
Planning, Recycling and Waste Reduction Act and regulations promulgated pursuant
to said acts on behalf of Antrim Township.
[Amended 7-8-1997 by Ord. No. 246]
This article shall be enforced by action brought before a District Justice
in the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits
the violation of this article shall, upon conviction in a summary proceeding,
be punishable by a fine of not more than $1,000 or by imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation continues,
or is permitted to continue, shall constitute a separate offense. Each section
of this article that is violated shall also constitute a separate offense.
In addition to the enforcement remedies as set forth in § 118-38,
the Board of Supervisors of Antrim Township hereby declares any accumulation
of municipal or residual waste in violation of this article to be a nuisance,
and the Board of Supervisors shall give written notice to the owner or owners
of land upon which said waste is deposited in violation of this article to
remove, or cause to be removed, such waste, or to abate such nuisance, and
upon failure of such owner or owners to remove such waste, or to abate such
nuisance, and a twenty-day period after such notice to remove or abate the
same, the Board of Supervisors may cause said land to be entered upon and
said waste removed and/or said nuisance abated, and may collect the costs
of such removal and/or abatement from the owner or owners of said land.
