This article shall be known as the "College Township Municipal
Solid Waste Ordinance."
A.
It is the intent and purpose of this article to promote the public
health, safety and welfare and to eliminate public health hazards,
environmental pollution and economic loss by providing that all residential,
commercial, industrial and institutional municipal solid waste accumulated
or stored upon any property within the municipality shall be collected,
transported and disposed of within the following conditions:
(1)
All residential properties shall be served by the municipality's
contracted hauler.
(2)
All nonresidential properties not subject to the municipality's
contract shall have contracted waste service with a hauler.
(3)
All municipal solid waste shall be disposed of at an approved facility,
in accordance with the Centre County Solid Waste Management Plan,
as well as municipal, state, federal and county laws and ordinances.
As used in this article, the following terms shall have the
meanings indicated:
Woody plant material up to and including eight inches in
diameter, such as any portion of a tree, bush, thicket, shrubs, or
scrub, other than leaf waste or trunks attached to root balls that
are to be discarded.
[Added 11-20-2014 by Ord.
No. O-14-15]
All waste materials too large for collection in ordinary
containers. Examples of bulk waste include furniture, appliances,
carpeting and similar items. Bulk waste shall not consist of any items
that may be packaged and disposed of using regular trash collection
procedures.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters. Multifamily dwelling units,
manufactured home parks, hotels, motels, mixed-use properties (combined
business/residential on a single parcel) and farms which use commercial
dumpsters shall be considered commercial establishments. It does not
include properties where the primary permitted use is residential
and accessory use is commercial (i.e., home occupations).
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.
The owner of any residential, commercial, industrial or institutional
property located within the municipality.
An agent such as the Centre Region Council of Governments
acting on behalf of a municipality whose powers and responsibilities
are established in an intergovernmental agreement or similar document.
One or more rooms on premises which have cooking facilities
and are arranged for occupancy by one person, two or more persons
living together or one family. Each dwelling unit within a noncommercial
building shall be considered an individual residential customer served
by curbside refuse and recycling collection.
An agreement entered into by College Township, or its designated
agent, with a private person or corporation for the collection and
disposal of all municipal waste generated within the boundaries of
the municipality to the extent provided by this article and the agreement.
A single parcel of land of at least 10 acres, which is used
for normal agricultural purposes, including barns, greenhouses and
not more than three single-family dwelling units.
A person who collects, transports and/or disposes of municipal
solid waste, recyclable materials and bulk waste from residential,
commercial, industrial and institutional establishments or community
activity. The term may be applied to a person having the exclusive
right to collect within the municipality. All such haulers shall comply
with the provisions under the Pennsylvania Waste Transportation Safety
Act (Act 90),[1] as well as all federal, state, county and local laws,
rules and regulations.
Any establishment engaging in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Leaves, garden residue, shrubbery and tree trimmings, and
similar material but not including grass clippings. (Pennsylvania
Act 101, Section 103[2]).
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains five or more dwelling units.
A political unit, such as a city, town, or village, incorporated
for local self-government.
Any garbage, refuse, industrial lunchroom or office waste
and any other material, including solid waste, liquid, semisolid or
contained gaseous materials resulting from the operation of residential,
municipal, commercial, industrial or institutional establishments
and from community activities, and any sludge not meeting the definition
of residual or hazardous waste in the Solid Waste Management Act from
a municipal, commercial, industrial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility (Pennsylvania Act 101, Section 103.[3]
An 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.
The collection and separation of aluminum, steel, and bimetal
cans; green, brown, blue, and clear glass; newsprint and bundles of
magazines; unwanted mail; mixed office paper; paperboard; all plastic
bottles (1 through 7); domestic corrugated cardboard; empty aerosol
and paint cans; and any other materials per Section 1501 of State
Act 101[4] or added as material accepted by the Centre County Solid
Waste Authority ("CCSWA") from time to time.
All municipal solid waste which is regulated by State Act
101 and the Centre County Solid Waste Authority, except the following
categories of solid waste:
Bulk waste, including tires and appliances.
Construction/demolition waste.
Sludge.
Infectious/pathological waste.
Ash residue.
Friable asbestos waste.
Source-separated recyclable materials.
Household hazardous waste.
Oversized refuse items.
Grass clippings.
Leaf waste.
Unacceptable waste.
A dwelling unit under single ownership or organized as a
condominium or cooperative form of housing, which contains one, two,
three or four dwelling units.
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."[5] The term shall not include treatment sludge 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" (Pennsylvania Act 101, Section 103).
The governmental jurisdiction and legal entity of the Township
of College, Centre County, Pennsylvania.
The following categories of solid waste are unacceptable
waste:
Hazardous waste.
Residual waste.
Unsterilized or unprocessed infectious or pathological waste.
Chemotherapeutic waste.
Gas cylinders.
Explosives and ordnance materials.
Liquid waste (i.e., containing less than 20% solids by weight
or flowable).
Drums, barrels and buckets unless lids have been removed and
interiors cleaned and free of any residue.
Radioactive materials.
Any solid waste generated outside of the municipality.
It shall be the duty of every person owning a residential, commercial,
industrial or institutional property within the municipality where
municipal solid waste is generated and accumulated, by his/her own
expense and cost, except as otherwise specified in this article, to
provide and keep at all times a sufficient number of containers to
hold all municipal solid waste accumulated between intervals of collection
of such waste by a hauler; and to ensure the sanitary and legal disposal
of such waste in accordance with this article and all other municipal,
state and federal applicable laws and regulations.
A.
All refuse accumulated by owners of residential properties and/or the occupants of residential properties shall be placed in containers for collection by a hauler. Refuse containers used for curbside collection shall be watertight, covered plastic or metallic cans or durable and lightweight plastic bags that can be easily and quickly handled by one person. Refuse containers shall be not less than five gallons nor more than 35 gallons in capacity. The weight of a single filled container shall not exceed 40 pounds. Use of bulk containers at multifamily establishments shall comply with the provisions of § 172-6A below.
B.
It shall be the responsibility of each customer to keep all refuse
receptacles in good repair and sanitary condition. Any receptacle
which does not conform to the provisions of this article or that may
have ragged or sharp edges or any other defect liable to hamper or
injure the hauler shall be promptly replaced upon notice. Failure
to comply within 10 days will result in the removal of the defective
receptacle as refuse.
C.
A sufficient number of refuse receptacles shall be provided by the
customer of the premises. No container shall be so filled that the
lid will not fit tightly.
D.
More than one family or living unit on the same premises may use
the same containers but each family must pay the established rate
as though a separate container is being used.
E.
Location of containers. For residential properties with curbside collection, each refuse container shall be placed for collection so as to be accessible to the hauler 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 municipality and the hauler. Failure to place containers at such locations may result in refuse not being collected. Pickup at alternate locations may occur in accordance with agreement between the customer and the hauler. Location of bulk containers at multifamily dwelling units shall be in accordance with § 172-6B below.
F.
Failure to remove refuse containers from the curb or street after
seven days shall constitute a violation of this article, subject to
the penalties contained herein.
G.
Persons with physical disabilities (due to age, poor health, or as
defined in the Americans with Disabilities Act[1] whose residence is included under the municipality's
exclusive contract may place refuse at other-than-street-or-alley
locations at no additional charge when approved by the municipality
Manager or his/her designee.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
A.
Containers. Storage of municipal solid waste on commercial, industrial and institutional properties shall be done in a dumpster for collection by a hauler. If the amount of waste generated per week is less than a two-yard dumpster, the same type of containers as required for residential properties as defined in section § 172-5 shall be allowed if agreed upon by both the customer and the hauler.
B.
Location of containers. Dumpsters for the storage and collection
of municipal solid waste at commercial, industrial or institutional
properties shall be placed, whenever possible, at ground level and
at a point on the property being serviced by the hauler which will
enable clear and easy access to the dumpster by the hauler's
vehicle. The location on the customer's premises shall be at
a place agreed upon by the customer of the commercial, industrial
or institutional property and the hauler. This location and buffering,
if required, shall be in compliance with zoning or other applicable
municipal requirements for the location of such containers. Such locations
shall not interfere with regular travel upon public or private sidewalks,
walkways, driveways, roads, streets, highways, alleys or entrances
and exits of public or private buildings.
It shall be unlawful for any person other than persons defined
herein to collect and/or transport municipal solid waste, which is
generated within the municipality, as a regular hauling business.
The municipality may decide to enter into an exclusive contract for
residential and/or commercial refuse collection or any part thereof.
A.
Any person transporting municipal solid waste within the municipality
shall prevent or remedy any spillage from vehicles or containers used
in the transport of such municipal solid waste. The haulers shall
collect municipal solid waste in vehicles which are suitable for such
collection, which are dedicated for use in performance of such collection,
and which bear prominent legible marking, signs, or decals identifying
them as being municipal solid waste collection vehicles, and stating
the name and phone number of the hauler. The vehicles shall be securely
covered, watertight, strongly built and kept thoroughly cleaned and
well maintained. Except for roll-offs, open trucks or trucks covered
with tarps will not be used for the collection of municipal solid
waste. Open trucks may be used for the collection of bulk waste, provided
that the truck is tarped.
B.
The municipality, or its designated agent, shall have the authority
to inspect the vehicles used for the transport of municipal solid
waste as it deems necessary to determine compliance with this article
or any other ordinance, resolution and/or regulation of the municipality.
The hauler shall correct deficiencies immediately upon notification
by the municipality or its designated agent, and said vehicle shall
not be used for refuse collection until the deficiencies have been
corrected.
All municipal solid waste produced, collected and transported
from within the jurisdictional limits of the municipality shall be
disposed of at the facilities designated in the Centre County Solid
Waste Management Plan.[1]
[1]
Editor's Note: The county plan is on file in the county
offices.
It shall be unlawful for any person to bring any municipal solid
waste into College Township or to transport municipal solid waste
from one address to another within or outside of the municipality
for the purpose of taking advantage of the collection service to avoid
the cost of collection.
A.
Bulk waste shall be disposed of in accordance with the Centre County
Solid Waste Management Plan at a permitted disposal facility, a facility
especially designated by the municipality to take such bulk items
or a legitimate salvage dealer that is in the business of disposing
of or recycling such items. Bulk waste may be transported in a vehicle
appropriate to the type of waste so as to prevent spillage, accidental
loss, etc.
B.
Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of collecting municipal solid waste
from hauling his/her bulk waste to a permitted disposal facility or
to a disposal facility as designated by the municipality in accordance
with the regulations of the disposal facility.
All waste materials resulting from the building, structural
alteration, repair, construction or demolition of buildings or structures
shall be disposed of as permitted by applicable municipality, county,
state and federal laws and regulations as may be in effect or as may
be subsequently imposed. It shall be the responsibility of the property
owner to ensure the disposal of such waste in accordance with applicable
laws and regulations. Nothing contained herein shall be deemed to
prohibit any person not regularly engaged in the business of collecting
municipal solid waste from hauling his/her construction and demolition
waste to a state-permitted disposal facility or to a disposal facility
as designated by the municipality in accordance with the regulations
of the disposal facility.
A.
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. All such practices must be conducted
in compliance with applicable municipal, state and federal laws and
regulations as may be in effect or subsequently imposed.
B.
The provisions of this article do not apply to anything but the storage,
collection, transportation and disposal of municipal solid 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 municipal, state and
federal laws and regulations as may be in effect or subsequently imposed.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
For reasons of health and sanitation, it shall be unlawful for any person to accumulate or permit to accumulate upon private property in the municipality any of the types of refuse and bulk waste defined within § 172-3 of this article.
It shall be the duty and responsibility of every owner of property
and every person occupying a dwelling unit, premises or place of business
within the municipality where municipal solid waste is generated to
pay a service fee for the collection and disposal of this waste, except
as otherwise provided by this article, to a hauler, exclusive contractor
or to the municipality. A hauler, exclusive contractor or the municipality
may discontinue service for nonpayment of service fees by a residential,
commercial, industrial or institutional establishment. To discontinue
residential service, the customer shall be in arrears a minimum of
90 days and shall have received during this period a minimum of two
written notices from the hauler regarding the amount due and procedures
for payment. The second notice shall be sent by certified mail. At
the time of the discontinuance of service, the customer shall be considered
in violation of this article. Discontinuance of service due to nonpayment
of service fees shall not relieve the resident or establishment from
abiding by all of the requirements of this article. The municipality,
or its designated agent, hauler or exclusive contractor may impose
an administrative fee to reinstate customers whose service is disconnected.
The cost of such residential or commercial municipal solid waste
collection service, and the responsibility of payment therefor, shall
be borne by the owner of the premises from which said municipal solid
waste is collected or upon which premises said municipal solid waste
is generated and disposed of. No agreement between an owner and occupant
or other person shall relieve the owner of any premises from liability
for payments as set forth hereinafter.
All service fees established under an exclusive contract for
the collection of municipal solid waste by the municipality shall
be established by a resolution of the municipality Board of Supervisors.
Service charges so established shall be reviewed at least annually
and adjusted as necessary to ensure that all costs involved in the
collection and disposal of municipal solid waste under the exclusive
contract, including the administrative costs of the municipality,
or its designated agent, are covered by the service charges.
Any person violating any of the provisions of this article shall,
upon conviction by a District Justice, be subject to a fine of not
less than $100 nor more than $1,000, together with the cost of prosecution,
or imprisonment in the Centre County Prison for a period of not more
than 30 days. If the defendant neither pays nor timely appeals the
judgment, the municipality may enforce the judgment pursuant to the
applicable rules of civil procedure. Every violator of the provisions
of this article shall be deemed guilty of a separate offense each
and every day such violation continues and shall be subject to the
penalty imposed by this section for each and every separate offense.
In addition to the foregoing penalty, the municipality may require the owner or occupant of a property to remove any accumulation of waste as identified under § 172-14, and should said person fail to remove such waste after five days following written notice, the municipality may cause the waste to be collected and disposed of with the cost for such action to be charged to the owner or occupant of the property. Failure by the owner or occupant of the property to pay said charges within 30 days will result in a lien being filed against the property.
Should any section, paragraph, sentence, clause or phrase of
this chapter be declared unconstitutional or invalid for any reason,
the remainder of this chapter shall not be affected thereby.
This chapter or any part thereof may be amended from time to
time in accordance with the procedures as established by law.
