For the purpose of this article, the following
terms, phrases or words shall have the meanings ascribed to them in
this section, except where the context in which the word is used clearly
indicates otherwise:
A building used for residential purposes with more than six
dwelling units, except hotels, motels, tourist cabins and dormitories.
The residue from the burning of wood, coal, coke, charcoal
and other combustible materials for the purpose of heating and cooking.
Refuse which will not fit inside a container but which is
not oversized refuse, including large auto parts and the like, but
excluding tires and white goods.
Those properties used primarily for commercial or industrial
purposes.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
[Amended 5-29-2007 by Ord. No. 2007-07]
Any chemical, compound, mixture, substance or article which
is designated by the United States Environmental Protection Agency
or other appropriate agency of the commonwealth to be "hazardous,"
as that term is defined by or pursuant to federal or state law.
High-density polyethylene (i.e., plastic containers, such
as plastic milk and water bottles).
Those facilities that house or serve groups of people for
a common purpose, such as hospitals, schools and nursing homes.
Public facilities operated by the Township of Lower Allen
and other governmental and quasi-governmental authorities.
Large items of waste, including but not limited to furniture,
but excluding tires and white goods.
Any individual, partnership, association, institution, 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. It
shall also mean owner, lessee or occupant of a residential dwelling,
commercial establishment or institutional establishment. In any provision
of this article prescribing a fine, imprisonment or penalty or any
combination thereof, "person" shall include the officers and directors
of any corporation or other legal entity having officers and directors.
Polyethylene terephthalate used to make plastic soda bottles.
Any premises which is capable of being conducive to a fire,
health or safety hazard due to, but not limited to, accumulations
of any flammable materials, refuse, recyclables, hazardous waste,
or any premises which contains unauthorized accumulations of refuse
and/or recyclables.
All regulated municipal waste, except the following categories
of refuse:
Those services to be performed by a contractor as follows:
collection of refuse from locations; transportation of refuse in trucks;
and disposal of refuse at an approved Cumberland County Solid Waste
Management Authority Facility, if applicable, licensed by the Pennsylvania
Department of Environmental Protection (DEP).
A building used for residential purposes, except hotels,
apartments with more than six dwelling units, tourist cabins, motels,
fraternities and dormitories.
A business establishment that produces five or fewer forty-gallon
containers of garbage, ashes and refuse, including recyclables, per
week.
Lower Allen Township, Cumberland County, Pennsylvania.
A service for the collection of refuse, recyclables, bulky
waste and oversized refuse, which is provided by the Township or the
Township collector.
A person or firm designated by the Township by means of an
independent contract to have the exclusive right and privilege, subject
to certain limitations, to collect, haul and/or dispose of refuse
and recyclables within the Township of Lower Allen, but shall not
be construed as meaning that such person is an employee, official
or representative of the Township.
A person or firm, not the Township collector, licensed by
the Township to collect, haul and/or dispose of refuse and/or recyclables
from persons not exclusively within the area of responsibility of
the Township collector.
Vehicle(s) used for the collection of solid waste and recyclables
which has mounted thereon an approved watertight sanitary body or
which has a standard truck body made watertight and equipped with
means of covering to prevent loss of material by wind.
Large appliances weighing more than 50 pounds, including
clothes washers, clothes dryers, dishwashers, freezers, refrigerators,
stoves, ovens, water heaters, air conditioners, furnaces and electrical
heaters.
Garden residue, trimmings, prunings and branches of four
inches or less from plants, shrubs, and trees. Excludes grass clippings,
dirt, and sod.
A.
Preparation of refuse, ashes and oversized items.
(1)
Preparation for collection by the Township or Township
collector.
(a)
All garbage and refuse shall be drained of liquids
and wrapped in plastic before being deposited for collection.
[Amended 9-28-2020 by Ord. No. 2020-03]
(b)
Recyclables shall be drained of liquids and
rendered free of garbage and rubbish before being deposited for collection.
(c)
Ashes shall be stored in a noncombustible container
until cool.
(d)
All materials shall be otherwise prepared for
collection in accordance with any regulations established by the Township
Manager.
(2)
Preparation for collection by Township licensee. The
manner of preparation of refuse, recyclables, ashes and bulky waste
for collection by a Township licensee is a matter of agreement between
the private parties involved; provided, however, that such manner
shall be subject to the power of regulation of the Township Manager
and shall not be unnecessarily offensive to the senses, attractive
to vectors, creative of other nuisances, unsafe or unhealthy.
B.
Collection by Township collector or by Township licensee.
(1)
Collection by Township collector.
(a)
All refuse to be regularly collected by the
Township or Township collector shall be placed in containers or durable
plastic bags.
[Amended 9-28-2020 by Ord. No. 2020-03]
(b)
Recyclables to be regularly collected by the
Township or Township collector shall be placed in a special container
for recyclables. The initial container shall be provided by the Township
at no cost; a charge will be made for additional containers and replacement
of containers for reasons other than defects therein.
[Amended 9-28-2020 by Ord. No. 2020-03]
(c)
Newspapers to be regularly collected by the
Township or Township collector shall be tied together in bundles weighing
not more than 40 pounds.
[Amended 9-28-2020 by Ord. No. 2020-03]
(d)
Cooled ashes shall be placed in a durable plastic
bag for collection, provided that said bag weighs less than 45 pounds.
(e)
Persons may dispose of one oversized item per
week. The Township's refuse hauler must be notified in advance of
any oversize item weighing more than 60 pounds.
[Amended 9-28-2020 by Ord. No. 2020-03]
(f)
Refuse containers shall be of durable watertight
rust-resistant material having a close-fitting lid and handles to
facilitate collection. Plastic bags shall be durable and watertight.
(g)
Refuse containers for dwellings and dwelling
units shall not be more than 40 gallons in capacity and shall be of
such size as can be handled easily by one person. The maximum weight
of a filled container shall not exceed 60 pounds. The maximum weight
of a filled plastic bag shall be limited to such weight as will not
cause the plastic bag to break when lifted and carried to the collector's
equipment. Wheeled refuse carts may be up to 96 gallons in capacity.
[Amended 9-28-2020 by Ord. No. 2020-03]
(h)
Containers containing garbage shall be covered
with a lid that fits securely and prevents access to flies and other
insects. Plastic bags shall be secured or tied.
(i)
It shall be unlawful to permit the accumulation
of or residue of liquids, solids or a combination of such material
on the bottom or sides of containers, it being the intention of this
provision that the interior of containers shall be kept clean by thorough
rinsing and draining as often as necessary.
(j)
All containers shall be kept in a sanitary condition
and shall be kept in good condition. Any container that does not conform
to this article or that is likely to injure the collector or his employees
or hampers the prompt collection of refuse shall be replaced upon
notice. Failure to replace such defective container may result in
the stoppage of service until such time as the container is replaced.
(2)
Containers to be collected by Township licensee. The
containers for refuse, recyclables, ashes and oversized items to be
collected by a Township licensee are a matter of agreement between
the private parties involved; provided, however, that such containers
shall be subject to the power of regulation of the Township Manager,
the Cumberland County Solid Waste Management Authority, if applicable,
and applicable state regulations that containers for garbage and rubbish
to be collected shall consist of tightly closed containers of sufficient
weight, composition and strength to prevent escape of the contained
material; that receptacles for ashes to be collected shall consist
of nonbulk containers of sufficient weight, composition and strength
to prevent escape of the contained ashes; and that no manner of containing
refuse or recyclables for collection shall be unnecessarily offensive
to the senses, attractive to vectors, creative of other nuisances
or unsafe; and provided, further, that approved bulk containers of
metal, watertight with tight-fitting covers, may be used for commercial,
institutional and industrial refuse and recyclables and waste from
apartment buildings, and that in the case of bulky waste being by
its nature impractical of containment and incapable of causing litter,
no container shall be required for collection purposes. The Township
retains the right to ensure that proper containers are used if violations
or problems persist.
(3)
Storing of refuse and recyclables. No person shall
place any refuse or recyclable in any street, alley or public place
or upon any private property, whether owned by such person or not,
within the Township, except in proper containers for collection or
under an express approval by the Township Manager. No person shall
throw or deposit any refuse or recyclables in any stream or other
body of water.
(4)
No person shall maliciously spill or scatter the contents
of any refuse container or plastic bag or damage or destroy any such
container or plastic bag.
(5)
No person, except the occupant of the premises on
which the refuse container or plastic bag is placed, or Township,
Township collector or Township licensee, shall remove the lids of
the container and/or remove the contents of such container or plastic
bag.
A.
Residential building with six or fewer units. On and
after January 1, 1993, refuse and recyclables from all residential
buildings within the Township of Lower Allen shall be collected by
the Township collector.
B.
Points of collection.
(1)
Collection by the Township or Township collector.
Refuse, recycling containers and newspapers intended for collection
by the Township or Township collector from a given property shall
be placed at ground level on the property, along or near the curb
abutting said property and not within the cartway of a street or alley,
unless agreed to by the Township and the Township collector. Where
there is no curb, it shall be placed immediately next to the paved
portion of the roadway. Said material shall be accessible and not
more than 10 feet from the side or curb of the street or alley from
which collection is made. Said placement for collection shall be not
more than 24 hours prior to the time of the scheduled collection.
(2)
Collection by a Township licensee. Points of collection
of refuse and recyclables by a Township licensee are a matter for
agreement between the private parties involved; provided, however,
that such points shall be subject to the power of regulation of the
Township Manager, that no cartway of a street or alley shall be employed
as a point for the placing of waste containers, that no sidewalk shall
be employed for the placing of such containers in a manner which disrupts
its function and that such points shall not constitute a nuisance,
health or safety peril or unnecessary offense to the senses.
C.
Hazardous waste disposal. Hazardous waste shall not
be placed in containers for regular collections but shall be handled
and disposed of by the owner in an alternate and safe manner and in
accordance with all applicable federal, state and local statutes,
ordinances, rules and regulations.
D.
Special refuse problems.
(1)
Removal of wearing apparel, bedding or other refuse
from homes or other places where highly infectious or contagious diseases
have prevailed shall be performed under the supervision and direction
of the Township Manager. Such refuse shall not be placed in containers,
plastic bags or bundles for regular collections.
(2)
Highly flammable or explosive material shall not be
placed in containers or plastic bags or bundles for regular collection
but shall be disposed of as directed by the Township Manager at the
expense of the owner or possessor thereof.
[Amended 5-29-2007 by Ord. No. 2007-07]
(3)
This article shall not prohibit resident owners of
or occupiers of farmland containing 10 or more acres from personally
collecting, conveying and disposing of refuse produced on such farmland
if such owners or occupiers comply with all provisions for collection,
conveyance and disposal prescribed in this article or rules and regulations
made by the Township under the provisions hereof and have applied
for and been issued a license therefore. There shall be no charge
for issuance of such license. Such license may be canceled at any
time by the Township.
(4)
No abatement of fees for collection shall be allowed
for the vacancy of a dwelling unit except where such vacancy has been
continued for a period of not less than 90 days and where notice has
been given by the owner of such dwelling unit to the Township Manager
that such dwelling unit has been vacated.
(5)
The Township collector will not collect large appliances,
furniture, broken concrete, dirt, refuse caused by repairs, alterations
and new construction of buildings, structures, sidewalks or curbs
or tree trimmings in excess of three inches in diameter unless an
additional charge has been agreed upon with the Township collector.
(6)
No person shall collect or remove refuse from any
place before 7:00 a.m. or after 7:00 p.m., prevailing times; provided,
however, this shall not prevent the collection of refuse on an emergency
basis during other hours subject to the prior approval of the Township
Manager.
[Amended 5-29-2007 by Ord. No. 2007-07]
[Amended 9-28-2020 by Ord. No. 2020-03]
A.
It shall be unlawful for any person, other than the
Township and Township collector, to collect, haul and/or dispose of
refuse and/or collect and haul recyclables in the Township of Lower
Allen unless a license to so collect, haul and/or dispose of such
refuse and/or collect and haul of recyclables shall have been first
obtained or a contract exists between the Township and the person
collecting, hauling and/or disposing of refuse and/or collecting and
hauling recyclables. Such license shall be issued by the Township
Manager at a fee established by resolution by the Board of Commissioners
and as may be amended from time to time. Each such collection in violation
thereof shall constitute a separate and distinct offense punishable
as hereinafter provided.
B.
The Township Manager shall issue to each licensee
hereunder, for each vehicle covered by the license, a permit identifying
the vehicle so covered, stating the year in which it is issued and
valid and affixable to the vehicle. Such permit shall not be transferred
to a vehicle different from that for which it was issued, and each
such permit shall be displayed conspicuously on the outside of the
vehicle on the left front door. It shall be unlawful for any person,
other than the Township or Township collector, to collect, haul and
dispose of solid waste or recyclables in the Township of Lower Allen
unless such a permit, current and valid, is so affixed to the vehicle
employed.
C.
To the extent permitted by law, the Township shall:
(1)
Use reasonable efforts to inform residents of the
benefits which may be obtained from recycling, the types of waste
which are recyclable and the schedule for collection of recyclables.
(2)
Use reasonable efforts to enforce the rules and regulations
relating to containers for recyclables and proper preparation of recyclables
by residents for collection by the Township or Township collector.
(3)
Use reasonable efforts to obtain the cooperation of
the private refuse collection hauler(s) (if other than Township collector)
with respect to mailing or delivering notices to residents, placing
recycling stickers or signs on collection vehicles or other ways.
D.
All vehicles employed in the collection or hauling
of refuse and oversized items or bulky waste under this article must
be provided with a tight cover so as to prevent offensive odors from
escaping therefrom and solid waste from being blown, dropped or spilled.
Vehicles employed in the collection or hauling of recyclables must
be watertight or must be provided with a tight cover so as to prevent
liquid or odors from escaping or from being blown, dropped or spilled.
E.
No license shall be granted if the place and method
of disposal, types of collection equipment or manner of collection,
removal or disposal shall not conform to the requirements of this
article or to the ordinance of any municipal or quasi-municipal corporation
or to the laws of the Commonwealth of Pennsylvania or of the United
States and the insurance coverage is not adequate. Insurance coverage
should be as follows:
(2)
Public liability, including coverage for direct operations,
sublet work, elevators, contractual liability and completed operations
with limits not less than those stated below:
(a)
Bodily injury liability, including personal
injuries: $1,000,000 each person, $1,000,000 each occurrence, $2,000,000
aggregate.
(b)
Property damage liability: $1,000,000 each occurrence,
$2,500,000 aggregate.
(c)
Regarding personal injury written on a nonparticipating
basis (with no participation by insured).
(d)
Regarding property damage, including broad form
property damage: remove XCU exclusions (explosion, collapse, and underground
property damage).
(e)
Regarding completed operations liability: continue
coverage in force for two years after completion of work.
(3)
Comprehensive automobile liability insurance, including
coverage for owned, nonowned and hired vehicles with limits not less
than those stated below:
(5)
Excess or umbrella policy in the amount of $1,000,000.
(6)
Policies and insurers shall be subject to approval
of the Board of Commissioners.
F.
The Township collector and Township licensee shall
report any violation of this article observed by them to the Township
Manager daily.
A.
Dwellings and dwelling units. The fees for collection and disposal of refuse under this article and recyclable materials under Article I from dwellings, dwelling units and small businesses may be assessed by resolution passed by the Board of Commissioners on an annual basis per dwelling unit per quarter. The owner of the dwelling unit shall pay the fees provided therein in advance. The Township may designate an agent, including any bank or trust company, to act on its behalf in the collection and accounting matters involved. Billing will be done not later than the first day of the first month of each calendar quarter. Fees shall be subject to a penalty of 10% per dwelling unit per quarter if not paid by the 30th day of the first calendar month of the quarter. All accounts shall be considered delinquent if not paid by the 30th day of the first calendar month of the quarter, and all delinquent accounts are subject to stoppage of service without notice. Upon stoppage, service will be resumed thereafter only on payment of the accumulated fees for the period of collection and the period of noncollection, plus the 10% penalty as aforesaid and interest. The stoppage of service herein provided for shall be in addition to the right of the Township to proceed for the collection of such unpaid charges by action in assumpsit, by municipal lien or, at the election of the Township, in any other manner provided by law for the collection of a municipal claim.
B.
Nondwellings and nondwelling units. Fees for collection
from other than dwellings and dwelling units shall be fixed by mutual
agreement of the parties and shall be paid directly to the person
making such collection.
C.
Where collection by a Township licensee is permitted,
fees for the collection and disposal of refuse, recyclables, ashes
and bulk waste by such licensee are a matter of agreement between
private parties.
The Township Manager shall have the authority
to enforce the provisions of this article, as shall any Code Enforcement
Officer or police officer of the Township.
A.
Any person who violates or permits a violation of
this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Township
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day that such violation exists shall constitute a separate offense
and each section of this article that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Township may enforce this article in equity in the
Court of Common Pleas of Cumberland County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any owner, lessee or occupant of a residential building
who disposes of refuse or recyclables through a means of collection
by a hauler within the Township other than the Township collection
service shall be deemed to have violated this article. Each such act
in violation hereof shall constitute a separate and distinct offense,
punishable as herein provided.
C.
It shall be a violation of this article for any person(s)
not authorized by the Township to collect or pick up or cause to be
collected or picked up any such refuse or recyclable. Each such collection
in violation hereof shall constitute a separate and distinct offense,
punishable as herein provided.
D.
Any premises on which conditions of refuse, bulky
waste, oversized refuse, hazardous waste, leaf waste, newspaper, white
goods or yard waste exist causing it to be a public nuisance is prohibited.
Failure to remove or remedy said public nuisance after receiving written
notice to do so shall be deemed a violation of this article, punishable
as herein provided.
E.
No person shall dump, bring, deposit or otherwise
dispose of garbage, ashes, rubbish or refuse of any kind or nature
within the jurisdictional limits of the Township, except for collection
as herein provided or except under express license issued by the Board
of Commissioners.
F.
Nothing herein is intended to preclude the Township's
exercise of any additional remedies, in law or in equity, for noncompliance
with this article.
