[HISTORY: Adopted by the Board of Commissioners
of the Township of Swatara as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 169.
[Adopted 9-14-1989 by Ord. No. 1989-6 (Ch. 20, Part 1, of
the 1990 Code)]
This article shall be known as the "Swatara
Township Solid Waste Ordinance."
The purposes of this article are:
A.
To provide for the health, safety and welfare of the
residents of Swatara Township by insuring the safe and effective management
of solid waste materials.
B.
To establish a program of regulation over the storage,
treatment, processing, and disposal of solid waste materials in Swatara
Township.
C.
To implement the provisions of the disposal agreement
of September 22, 1988, between the York County Solid Waste and Refuse
Authority and Swatara Township.
As used in this article, the following terms
shall have the meanings indicated:
That portion of solid waste which can be processed and has
characteristics such as that collected and disposed of as part of
normal municipal collection of solid waste in the Township, such as,
but not limited to, garbage, trash, rubbish, paper and cardboard,
plastics, refuse, offal, beds, mattresses, sofas, bicycles, baby carriages,
automobile or small vehicle tires to the extent the air emission criteria
of the facility shall not be violated as a result of processing such
tires, as well as portions of commercial and industrial solid waste
which may be processed, and wood and lumber, tree limbs, ties, logs
and trees if no more than six feet long and/or six inches in diameter,
branches, leaves, twigs, grass and plant cuttings; excepting, however,
dead animals and other than insignificant amounts of cesspool and
other human waste remains, offal from slaughterhouses and wholesale
food processing establishments. If any governmental agency or unit
having appropriate jurisdiction shall determine that any wastes which
are not included, as of the contract date, within this definition
of acceptable waste because they are considered harmful, toxic or
dangerous to public health and welfare are not considered harmful,
toxic or dangerous, then such wastes shall be acceptable waste for
purposes of this agreement unless otherwise excluded under the definitions
of "unacceptable waste" or "hazardous waste."
The disposal agreement between the York County Solid Waste
and Refuse Authority and Swatara Township, dated September 22, 1988,
and any written amendments to this agreement executed by the parties.
The residue resulting from the burning of wood, coal, coke
or other combustible material.
The York County Solid Waste and Refuse Authority, or its
replacement or successor.
A person or persons, individual, organization, group, association,
partnership, firm or corporation, or other legal entity, collecting
and disposing of solid waste, garbage, rubbish, refuse, or any other
form of solid waste from residential or from nonresidential properties
under the terms and conditions of this article; "collector" shall
also be a hauler under the terms of the agreement.
[Amended 7-14-2010 by Ord. No. 2010-3]
A twenty-four-hour period of time, beginning at 12:01 a.m.,
in the Eastern time zone of the United States, coinciding with the
calendar day, whether or not a Saturday, Sunday or legal holiday.
The storage, collection, disposal or handling of solid waste
and refuse.
One or more rooms in a residence or dwelling, which room
or rooms have fixed cooking facilities, arranged for occupancy by
one, two or more persons living together.
[Added 7-14-2010 by Ord. No. 2010-3]
The Solid Waste Resource Recovery Facility of the York County
Solid Waste and Refuse Authority and shall include the buildings and
all equipment located or to be located on the facility site.
The real property located in York County containing, inter
alia, the facility and specifically located (address).
All animal and vegetable waste resulting from the handling,
preparation, cooking, or consumption of foods.
Any material or substance which, as of the contract date
and by reason of its composition or characteristic, is a) toxic or
hazardous waste as defined in either the Solid Waste Disposal Act,
42 U.S.C. § 6901 et seq., as replaced or amended, and the
regulations thereunder, or in the Pennsylvania Solid Waste Management
Act, 35 P.S. § 6018.101 et seq., as replaced or amended,
and the regulations thereunder; or b) special nuclear or by-products
material within the meaning of the Atomic Energy Act of 1954.[1] If any governmental agency or unit now or hereafter having
appropriate jurisdiction shall determine that substances which were
not, as of the contract date, considered harmful, toxic or dangerous,
are harmful, toxic or dangerous, then such substances shall be hazardous
waste for the purposes of this agreement as of the effective date
of such determination.
Any landfill(s), or other disposal facility(ies) permitted
to operate under all applicable laws of the jurisdiction in which
said landfill or disposal facility is located.
A collector issued a written authorization to operate a waste
transportation vehicle by the Department of Environmental Protection
of the Commonwealth of Pennsylvania pursuant to the provisions of
the Waste Transportation Safety Act, 27 Pa.C.S.A. § 6201
et seq.
[Added 7-14-2010 by Ord. No. 2010-3]
Any individual, corporation, partnership, joint venture,
association, joint-stock company, trust, unincorporated organization,
or any government or public agency or political subdivision thereof,
or any authority or agency thereof.
The period of operation for the facility consisting of 12
hours from 6:00 a.m. until 6:00 p.m. on each business day.
All solid waste except body wastes and shall include garbage,
ashes, and rubbish.
Glass, metal, paper, plant growth, wood, or nonputrescible
solid waste; bulky rubbish shall include discarded furniture, large
household appliances such as refrigerators, washing machines, bath
tubs, sinks, and commodes.
All materials or substances that, as of the contract date
or any subsequent date, were generally discarded or rejected as being
spent, useless, worthless or in excess to the owners at the time of
such discard or rejection, including garbage, refuse, industrial and
commercial waste, sludges from air or water pollution control facilities
or water supply treatment facilities, rubbish, ashes, contained gaseous
materials, incinerator residue, demolition and construction debris
and offal; excluding sewage and other highly diluted water-carried
materials or substances, material and substances in gaseous form and
hazardous waste.
A person or persons, individual, organization, group, association,
partnership, firm or corporation, or other legal entity, which has
entered into a contract with Swatara Township to collect, recycle
and dispose of acceptable solid waste on a Township-wide basis.
[Added 7-14-2010 by Ord. No. 2010-3]
That portion of solid waste that is not acceptable waste
and which is predominantly noncombustible, including metal furniture
and appliances, concrete rubble, mixed roofing materials, noncombustible
building debris, rock, gravel and other earthen materials, large automotive
vehicle parts, engines, blocks and transmissions, trailers, equipment,
wire and cable, as well as hazardous waste, pathological, infectious
and biological waste, sewage, sludge, explosives, chemicals and radioactive
materials, or other materials which by applicable law or regulation
may not be processed by the facility. If any governmental agency or
unit having appropriate jurisdiction shall determine that any wastes
which are not included, as of the contract date, within this definition
of unacceptable waste, are considered harmful, toxic or dangerous
to public health and welfare, then such wastes shall be unacceptable
wastes for the purposes of the agreement.
[1]
Editor's Note: See 42 U.S.C. § 2011 et seq.
A.
Refuse preparation.
(1)
Garbage. Garbage shall be drained and stored in durable,
rust-resisting, nonabsorbent, watertight, easily washable containers,
equipped with handles and tight-fitting covers.
(2)
Ashes. Ashes shall be stored in fire-resistant containers
equipped with handles and tight-fitting covers. Ashes containing hot
embers shall not be collected until they have been adequately quenched.
(3)
Rubbish. Rubbish shall be stored in durable containers
with tight-fitting covers. Tree trimmings, hedge clippings, old newspapers
and similar material, which cannot be conveniently placed in the aforementioned
containers, shall be baled, toed or sacked in compact bundles less
than three feet in length and placed in a location easily accessible
to the collector.
(4)
Bulky rubbish. Bulky rubbish shall not be allowed
to accumulate on any premises except in containers or storage areas
which are approved by the Board of Commissioners of Swatara Township
in accordance with the specifications contained in this article.
(5)
No person shall place refuse in any street, alley
or other public place, or upon any private property within the limits
of Swatara Township, unless it is placed in a proper refuse container
for collection. Likewise, no person shall throw or dispose of refuse
in any stream or any other body of water.
(6)
Any unauthorized accumulation of refuse on any premises
is hereby declared to be a nuisance and is prohibited. Failure to
remove any existing accumulation or refuse within three days after
the effective date of this article shall be deemed a violation of
same.
(7)
Certain materials, such as scrap lumber and fire wood,
may be stored and kept on the premises, but they shall be stored so
that a minimum clear space of six inches above the ground surface
is provided.
B.
Refuse storage. All refuse storage shall conform to
the following standards:
(1)
General.
(a)
All refuse receptacles (containers) shall be
provided by the owner, tenant or occupant of the premises, unless
otherwise specified and shall not exceed a total weight of 60 pounds
when filled.
(b)
The storage of all refuse by residents of Swatara
Township shall be practiced so as to prevent the attraction, harborage
or breeding of insects and/or rodents and to eliminate conditions
harmful to public health or which create safety hazards, odors, unsightliness
and public nuisance.
(2)
Disposable containers. Disposable containers such
as paper and polyethylene bags shall be acceptable for storage of
refuse provided the following conditions are met:
(a)
Only those bags specially designed for storage
and collection shall be used.
(b)
Bags are protected against precipitation, animal
damage and overloading to prevent littering or attracting of vectors.
(c)
Bags have holding strength capable of withstanding
stresses until they are collected.
(d)
Bag opening is securely closed prior to setting
out for collection.
(3)
Bulk containers. Bulk containers for commercial, industrial,
and institutional refuse shall meet the general container requirements
previously set forth except for size limitations. Bulk containers
shall be sized according to the type and quantity of waste production,
equipment handling capabilities, and the frequency of collection.
(4)
Open storage. Certain wastes of a nondecomposable
nature may be stored temporarily in a manner other than containerization.
(a)
In order to minimize littering, magazines, newspapers,
waste paper, tree prunings, brush and yard trimmings, when stored
outside of containers, shall be tied securely in bundles of such size
as to be readily handled by the collection system.
(b)
Tires and outsized wastes such as furniture
and appliances shall be stored so that water accumulation and rodent
harborage are prevented.
A.
Place of collection. For collection purposes, except
where there is an agreement with the collector to the contrary, refuse
containers shall be placed at ground level, on the property, not within
the cartway of a street or alley and easily accessible from the side
of the street or alley from which collection is made. No refuse or
rubbish shall be placed at curbside or adjacent to the street or alley
for collection purposes more than 24 hours before the scheduled collection
day.
[Amended 8-8-1990 by Ord. No. 1990-5; 9-14-1994 by Ord. No.
1994-7; 7-14-2010 by Ord. No. 2010-3]
A.
Only a person licensed by the Department of Environmental Protection
of the Commonwealth of Pennsylvania under the Waste Transportation
Safety Act (27 Pa.C.S.A. § 6201 et seq.) may collect and
dispose of acceptable solid waste within the territorial limits of
Swatara Township, Dauphin County, Pennsylvania.
B.
No collector nor Township contracted collector shall dispose of any
acceptable solid waste collected in Swatara Township, Dauphin County,
Pennsylvania, except by conveyance to the facility and facility site
or to a permitted facility providing a disposal service to the York
County Solid Waste and Refuse Authority at the direction of Swatara
Township.
C.
No collector nor Township contracted collector shall intermingle
or mix with acceptable waste which originates within the Township's
jurisdiction any other waste (acceptable or otherwise) originating
outside of Swatara Township, Dauphin County, Pennsylvania. Any collector
or Township contracted collector who intermingles waste which originates
outside of Swatara Township with acceptable waste which originates
within the Township's jurisdiction shall immediately, upon determination
thereof by Swatara Township, thereafter be prohibited from collecting
any acceptable solid waste within Swatara Township and shall be subject
to liability for any loss occasioned to Swatara Township by virtue
of such actions constituting a breach of the agreement.
D.
No collector nor Township contracted collector shall in any event
or for any reason deliver hazardous waste or unacceptable waste to
the facility which was collected within the Township's jurisdiction.
The Township reserves the right to make periodic and random inspection
of vehicles collecting waste to determine that only acceptable waste
is being collected, including requiring vehicles to dump the waste
load for inspection at a designated area or otherwise inspecting a
load to determine the character of any material delivered to the facility.
A collector or the Township contracted collector shall also be subject
to the right of the Authority to make periodic or random inspection
of vehicles delivering waste to the facility, including requiring
vehicles to dump the waste load for inspection at a designated area
or prior to deposit into the facility pit, or to otherwise inspect
any load to determine the character of any material delivered to the
facility. The collection of or delivery to the facility of any hazardous
waste or unacceptable waste shall constitute a violation of this article
and may result in the immediate termination of the collector's
ability to collect any acceptable waste within the Township's
jurisdiction. The delivery of hazardous waste or unacceptable waste
to the facility which was collected within the Township's jurisdiction
shall also constitute a violation of this article and shall subject
the collector or Township contracted collector to liability for reimbursement
of Swatara Township for any costs paid by the Township to the Authority
for hazardous waste required to be removed from the facility pursuant
to the terms of the agreement.
E.
Neither a collector nor the Township contracted collector shall in
any manner be construed as an agent, servant or employee of Swatara
Township, but shall, at all times, be considered and remain an independent
contractor.
F.
Insurance.
(1)
Compliance with the Workers' Compensation and Social Security
Acts, as amended, is deemed a requirement of collecting and disposing
of solid waste under this article. A collector and the Township contracted
collector shall carry workmens' compensation for all employees,
in accordance with the Commonwealth of Pennsylvania workers'
compensation laws, and shall provide social security coverage for
employees.
(2)
A collector or the Township contracted collector shall carry and
maintain such third-party comprehensive public liability and property
damage insurance, including completed operations, contractual liability,
comprehensive automobile liability and property damage insurance covering
not only the collector but also Swatara Township, as shall protect
the collector and Swatara Township from claims for damages for personal
injury, including accidental death, as well as from claims for property
damages which may arise from solid waste collection under the terms
and conditions of this article and the agreement, and the amounts
of such insurance shall be as follows: public liability insurance
in an amount of not less than $1,000,000 for injuries, including accidental
death, to any one person and subject to the same limit for each person
and in an amount of no less than $2,000,000 on account of one accident;
and property damage insurance in an amount of not less than $1,000,000
or $2,000,000 combined single-limit liability.
(3)
A collector and the Township contracted collector shall indemnify
and hold harmless Swatara Township and all its officers, agents and
employees, successors and assigns, jointly and severally, of and from
all manner of losses, suits, actions, payments, costs, charges, damages,
judgments or claims or demands of any character, name or description
brought on account of any injuries or damages received or sustained
by any person, persons or property by reason of any act, omission,
negligence or misconduct of said collector or Township contracted
collector, or their agents or employees, in the execution of the performance
of solid waste collection under the terms and conditions of this article
and the agreement.
(4)
A collector or the Township contracted collector shall furnish Swatara
Township and the Authority with satisfactory proof of insurance coverage
in the form of a certificate of insurance, which shall specifically
name Swatara Township as an additional insured, as well as a legible
copy of the full insurance policy. Five copies of such insurance certificate
shall be furnished, and they shall contain the following notation:
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"If at any time this coverage is cancelled, the (name of insurance
company) will notify the insured, Swatara Township, and the York County
Solid Waste and Refuse Authority, in writing, by registered mail,
30 days prior to the termination of the policy and before any changes
are made in the policies which change, restrict, or reduce the insurance
provided or change the name of the insured."
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(5)
A collector or the Township contracted collector shall provide the
Township with a bond with sufficient surety, in an amount satisfactory
to the Township in accordance with an established schedule as on file
with the Swatara Township Manager, to protect the Township in the
event the collector or the Township contracted collector breaches
any provision of this article or the collector's actions or omissions
or that of his employees or agents result in the breach of any of
the provisions and conditions of the disposal agreement between York
County Solid Waste and Refuse Authority and Swatara Township, dated
September 22, 1988, and written amendments to the agreement.
[Amended 2-3-2016 by Ord.
No. 2016-2]
(6)
Before commencing work, a collector or the Township contracted collector
shall submit evidence of the coverage required above to Swatara Township
for review. Such insurance and bond shall be carried with financially
responsible insurance companies licensed in the Commonwealth of Pennsylvania.
In the event the insurance or surety coverage referred to above is
cancelled or terminated for any reason whatsoever, the collector's
authority to collect solid waste in Swatara Township shall immediately
be terminated.
G.
All collectors and the Township contracted collector shall become
familiar with and comply with all the relevant terms, provisions and
conditions of the disposal agreement between the York County Solid
Waste and Refuse Authority and Swatara Township, dated September 22,
1988, and any written amendments to the agreement and shall conduct
any collections of acceptable waste within Swatara Township and disposal
thereof in strict accordance with the terms and provisions of the
agreement.
[Amended 7-14-2010 by Ord. No. 2010-3]
A.
All vehicles used for the collection of acceptable solid waste in
Swatara Township shall comply with the provisions of the Waste Transportation
and Safety Act, 27 Pa.C.S.A. § 6201 et seq., and any other
applicable statutes, codes or regulations of federal, state or local
governments.
B.
All collectors and the Township contracted collector agree to abide
by the regulations for flow of traffic through the facilities scales
and into the facilities site and shall comply with such reasonable
safety and traffic rules which are applicable in the facility site.
[Amended 7-14-2010 by Ord. No. 2010-3]
A.
All persons producing acceptable waste within Swatara Township, Dauphin County, Pennsylvania, the collection of which is not provided for by a contract entered into between Swatara Township and the Township contracted collector, shall dispose of such waste by entering into a contract with a licensed collector and delivering to said licensed collector all acceptable waste pursuant to the terms of said contract. Failure by any such person to dispose of acceptable waste through a licensed collector as aforesaid shall constitute a violation of this article and subject such person to the penalties hereinafter provided in § 244-13.
B.
All persons who own a dwelling unit, except multifamily rental housing properties with four or more units, within Swatara Township shall utilize the Township contracted collector for the collection and disposition of any acceptable waste and, whether or not the dwelling unit is vacant or produces little, if any, acceptable waste, shall be deemed to benefit by the availability of service to them and the collection and disposition of waste from other premises in the Township. Such owners shall comply with the provisions of this article. Failure by any owner to utilize, for the disposition of acceptable waste, the Township contracted collector shall constitute a violation of this article and subject such person to the penalties hereinafter provided in § 244-13.
[Amended 7-14-2010 by Ord. No. 2010-3]
A.
All persons producing acceptable waste collected and disposed of pursuant to the requirements of § 244-8A shall pay to said licensed collector such rates or charges as are established between them by agreement. The collector shall enter into individual or separate contracts with each owner or occupant of multifamily rental housing properties with four or more units or commercial or industrial premises, without liability to or upon Swatara Township. Each collector shall be directly responsible for the payment of invoices for disposal services prepared by the Authority and mailed to the hauler.
B.
The billing, payment and collection procedures to be utilized pursuant
to a contract between Swatara Township and the Township contracted
collector are as follows:
(1)
Each owner of a dwelling unit within Swatara Township shall be required
to pay to the Township contracted collector a quarterly fee for the
collection of solid waste and recyclable materials. This fee shall
be paid regardless of the amount or type of waste and/or recyclables
put out for collection, even if no solid waste or recyclable materials
are produced, generated, or placed for collection, and even if the
dwelling unit is vacant, since such fee recognizes the benefit to
the owner of the availability of collection and disposal service,
as well as the benefit of disposition of waste from other premises
in the Township. The quarterly fee charged by the Township contracted
collector shall be established by a contract to be entered into between
Swatara Township and the Township contracted collector pursuant to
public bidding requirements. The Township accepts no responsibility
whatsoever for the collection of the fee to be charged to the owner
of each dwelling unit. The Township contracted collector shall be
solely responsible for the collection of the quarterly fee.
(2)
All fees which remain unpaid 30 days after the invoice date shall
be deemed delinquent. All delinquent accounts may have added to it
a penalty of $10 per quarter if the amount exceeds a minimum of the
current quarterly trash fee in Swatara Township past due.
(3)
If the owner of a dwelling unit shall fail to pay any charges or
fees after the same becomes delinquent, the Township Solicitor is
authorized, pursuant to the Pennsylvania Municipal Claims Act,[1] to enter a lien against the real estate upon which the
dwelling unit is situate in the amount of the fees and charges or
aggregate of fees and charges, plus penalties, cost of entry and attorney
fees. In accordance with 53 P.S. § 7147, the Township hereby
assigns to the contractor any such municipal claim for outstanding
fees and charges.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
(4)
If the owner of a dwelling unit shall fail to pay any charges or
fees, and the same becomes delinquent by a minimum of one quarter,
and the minimum amount shall be no less than the equivalent of one
quarter worth of charges, the Township contracted collector is authorized
to file a civil lawsuit for the collection of fees, charges, penalties,
interest, reasonable attorney fees and costs of collection. Upon the
filing of the civil lawsuit, an additional penalty of $50 shall be
added to all delinquent accounts. The Township contracted collector
shall have and enjoy the same rights, privileges and remedies as the
Township to enforce and collect any and all fees, penalties, interest,
costs of collection, reasonable attorney fees and/or administrative
service fees.
In the event that, due to unforeseen circumstances,
the facility is unable to accept or process acceptable waste delivered
by a licensed collector, and no alternative disposal facility site
is available, then the licensed hauler or collector shall dispose
of his acceptable waste as the Township otherwise directs.
The privilege and license hereby granted to
collectors shall be deemed personal to said collectors, and any of
them, and there shall be no assignment of said privilege and license
unless such assignment is approved by the Township.
A.
The Township shall have the right, at any time without
refund of any part of the license fee, to suspend or revoke the license
of a collector, in addition to those reasons previously set forth
in this article, for any of the following causes:
(1)
False or misleading statements on the application
for a license.
(2)
Collecting or transporting acceptable waste in a careless
or negligent manner resulting in littering, odor or any unsafe or
unsanitary condition.
(3)
Burning of any refuse within the confines of the Township.
(4)
Failure to comply with any rules, regulations or directives
adopted by the Township in implementation of this article.
B.
Upon a violation of any part, section or subsection
of this article and/or the laws of the Commonwealth of Pennsylvania
relating to the storage, collection, transportation or disposal of
acceptable solid waste, the Township may, in addition to any other
remedies provided pursuant to the terms of this article, notify the
collector involved of such violation, and of a time for a meeting
to consider the matter. Failure of the collector involved in such
violation to attend or to be represented at such meeting shall be
in and of itself grounds for cancellation by the Township of the license
granted to the collector. If satisfactory solution or adjustment of
the violation cannot be accomplished, the Township reserves the right
to cancel the privilege and license granted under the terms of this
article to the collector.
A.
Any person who shall violate any provision of this
article shall, upon conviction, be sentenced to pay a fine of not
less than $100 nor more than $1,000, or, in default of payment of
such fine, to imprisonment for not more than 30 days.
B.
Each day's continuation of a violation of this article
shall constitute a separate and distinct offense.
C.
In addition to any other remedies or penalties hereinbefore
provided, the Solicitor of the Township is authorized to institute
proceedings in courts of law or equity to control the collection,
storage, transportation, processing, treatment and disposal of solid
waste to enforce the provisions of this article, including securing
injunctive relief to prohibit any unlicensed or unauthorized person,
or any licensed or authorized collector in violation of the provisions
of this article, from continuing collection, transportation or disposal
under the terms hereof, or to enforce compliance by any licensed collector
with the terms of this article.
[Adopted 8-8-1990 by Ord. No. 1990-6 (Ch. 20, Part 2A, of
the 1990 Code)]
This article shall be known as the "Swatara
Township Municipal Waste Reduction and Recycling Ordinance."
This article is enacted pursuant to the Municipal
Waste Planning, Recycling and Waste Reduction Act, Act of July 28,
1988 (P.L. 556, No. 101), 53 P.S. § 4000.101 et seq.
The purposes and goals of this article are to:
A.
Require waste reduction and recycling as a means of
managing solid waste, conserving resources and supplying energy.
B.
Protect the public health, safety and welfare from
the short- and long-term dangers of collection, transportation, processing
and storage of solid waste.
C.
Utilize, wherever feasible, the capabilities of private
enterprise in accomplishing the desired objectives of an effective,
comprehensive solid waste management program.
D.
Establish and implement with the Township a recycling
program to return valuable materials to productive use to conserve
energy and to protect capacity at waste processing and disposal facilities.
E.
Recycle at least 25% of all solid waste and source-separated
recyclable materials generated in this Township on and after January
1, 1997.
F.
Reduce the weight or volume of solid waste generated
per capita in this Township on January 1, 1997, to a weight or volume
less than that generated per capita on the effective date of this
article.
G.
Teach each person living or working in the Township
the economic, environmental and energy value of recycling and waste
reduction and encourage, through a variety of means, participation
in such activities.
H.
Promote the procurement and use of products and materials
with recycled content and materials that are recyclable by the Township
to the greatest extent practicable.
In this article, the indicated words or phrases
shall have, unless the context clearly indicates otherwise, the meanings
given to them as follows:
Empty, clean, nonaerosol, all-aluminum beverage and food
containers.
Person, firm, corporation, or other legal entity licensed
or contracted by the Township of Swatara to undertake curbside recycling
collection or to otherwise collect recyclables within Swatara Township,
Dauphin County, Pennsylvania.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, theaters, and multifamily rental housing
properties with four or more units.
Paper or pasteboard contracted into parallel grooves and
ridges, commonly referred to as "cardboard," which is used for wrapping,
packing, shipping and/or storage.
The scheduled collection and transport of recyclable materials
placed at the curbline or other similar location by residential establishments
or approved small businesses.
One or more rooms in a residence or dwelling, which room
or rooms have fixed cooking facilities arranged for occupancy by one,
two or more persons living together.
All clean, empty bottles and jars made of clear, green or
brown glass, not including noncontainer glass, plate glass, blue glass,
porcelain and ceramic products, light bulbs and fluorescent tubes.
Printed or unprinted sheets, shavings and cuttings of sulphite
or sulphate ledger, bond, writing and other papers which have similar
fiber and filler content. This grade must be free of treated, coated,
padded or heavily printed stock. This definition includes light weight
office papers, i.e., letterhead or mimeograph paper typically sold
as "white ledger" paper, bond, Xerox paper and onionskin, as well
as computer paper.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines, and slaughterhouses.
Those facilities that house or serve groups of people, including,
but not limited to, hospitals, nursing homes, child day-care centers,
libraries, nonprofit associations, schools and universities; this
definition shall not include standard residential units.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
A building used or designed as a residence for four or more
families living independently of each other and doing their own cooking
therein, including apartment houses, group quarters, townhouses and
condominium complexes.
Public facilities operated by Swatara Township and other
governmental authorities.
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
and any sludge not meeting the definition of "residual or hazardous
waste" in the Solid Waste Management Act[1] from a municipal, commercial, or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereto news and opinions
and containing advertisements as matters of public interest, but not
including glossy advertising inserts typically inserted with newspapers,
nor magazines or periodicals.
Any individual, corporation, partnership, joint venture,
association, joint-stock company, trust, and incorporated organization,
or any government or public agency or political subdivision thereof,
or any authority or agency thereof. In any provision of this article
prescribing a fine, imprisonment, penalty, or remedy, or any combination
of the foregoing, the term "person" shall include the officers and
directors of any corporation or other legal entity having officers
and directors.
Empty and clean consumer product containers made of polyethylene
terephthalate (PET), polypropylene (PP), high-density polyethylene
(HDPE) and low-density polyethylene (LDPE) most commonly, but not
limited to, plastic bottles used as containers for soda, milk and
other consumer food products, or for household cleaning products or
for personal care products.
Those materials specified by the Township of Swatara for
separation, collection, processing, recovery or reused as part of
a recycling program.
The separation, collection, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
could otherwise be disposed of or processed as solid waste or the
mechanized separation and treatment of solid waste (other than through
combustion) and creation and recovery of reusable materials other
than a fuel for the generation of energy.
Any dwelling unit, except multifamily rental housing properties
with four or more units.
[Amended 7-14-2010 by Ord. No. 2010-3]
Any professional or commercial business that can comply with
four container service and wishes to be mandated under the terms of
this article.
All materials or substances that are generally discarded
or rejected as being spent, useless, worthless or in excess to the
owners at the time of such discard or rejection, including garbage,
refuse, industrial and commercial waste, sludges from air or water
pollution control facilities or water supply treatment facilities,
rubbish, ashes, contained gaseous materials, incinerator residue,
demolition and construction debris and offal.
Recyclable materials that are separated from solid waste
at the point of origin for the purpose of recycling.
Empty, all steel (ferrous material) or bimetal beverage and
food containers.
The governmental jurisdiction and legal entity of the Township
of Swatara, Dauphin County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
Responsibilities. Swatara Township shall have the
power, and its duty shall be, to adopt and implement a program for
the collection and recycling of municipal waste or source-separated
recyclable materials as provided in this article.
B.
Powers. In carrying out its duties under this section,
the Board of Commissioners of Swatara Township may adopt resolutions
establishing procedures, regulations and standards for the recycling,
transportation, storage and collection of source-separated recyclable
materials which shall not be less stringent than, and not in violation
of or inconsistent with the provisions and purposes of, the Municipal
Waste Planning, Recycling and Waste Reduction Act and the regulations
promulgated pursuant thereto.
C.
Duties. Swatara Township shall implement the provisions
of this article by collecting, transporting, processing or marketing
source-separated materials or contracting, subject to competitive
bidding, with any person to carry out its duties for the recycling,
transportation, collection and storage of source-separated recyclable
materials. Any such person shall be jointly and severally responsible
with Swatara Township in carrying out its duties for transportation,
collection or storage activity.
Swatara Township hereby establishes and implements
a mandatory source-separation and collection program for recyclable
materials by persons located in Swatara Township in accordance with
§ 1501 of the Municipal Waste Planning, Recycling and Waste
Reduction Act.[1]
[1]
Editor's Note: See 53 P.S. § 4000.1501.
A.
Owners and residents of residential establishments
and small business establishments are hereby required to separate
all recyclable materials as specified by regulation from other municipal
waste generated at their homes, apartments and other residential or
small business establishments and to store such material until collection.
The number of the materials shall be designated periodically by regulation
from the following: Clear glass, colored glass, aluminum, steel and
bimetallic cans, high-grade office paper, newsprint, corrugated paper
and plastics.
B.
Recyclable materials from residential establishments
and small business establishments shall be placed at the curb or other
similar area, separate from solid waste, for collection, at such times
and dates as may be established by regulation. Such regulations shall
schedule a minimum of one day per month for pick up of recyclables
from residential establishments. Nothing in this article or regulations
promulgated hereunder shall be deemed to impair the ownership of separated
materials by the person who generated them unless and until such materials
are placed at curbside or similar location for collection by the Township
or its agents.
A.
Commercial, institutional, industrial and municipal
establishments are hereby required to separate all recyclable materials
as specified by regulation and to store such material until collection.
The times, dates and places for collection shall be established by
regulations. Such regulations shall schedule a minimum of one day
per month for pickup of recyclables from commercial, institutional,
industrial and municipal establishments.
B.
The owner, landlord, or agent of an owner or landlord
of multifamily housing properties with four or more units may comply
with the responsibilities under this section by establishing a collection
system for recyclable materials at each property. 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. Owners, landlords and agents of owners or landlords who comply
with this article shall not be liable for noncompliance of occupants
of their buildings.
C.
Persons occupying commercial (including multifamily
rental housing properties with four or more units), institutional,
industrial and municipal establishments within the Township municipal
boundaries, not part of the Township curbside recycling program and
otherwise providing for the recycling of materials, that are required
by this article to recycle must provide, annually, written documentation
to the Township of the total number of tons recycled or estimated
to be recycled, as well as the name of any authorized collector collecting
their recyclables.
All persons who reside in residential establishments
and all persons who are responsible for the operation of small business
establishments, commercial, institutional, industrial and municipal
establishments where leaf waste occurs or is generated, shall source-separate
all leaves and place them for collection at the times and in the manner
prescribed by regulation unless those persons have otherwise provided
for the composting of leaf waste. The owner, landlord or agent of
an owner or landlord of multifamily rental housing properties with
four or more units, small business establishments, commercial, institutional,
industrial and municipal establishments may comply with their responsibilities
under this section by establishing a collection system for leaf waste
at each property.
The Township may enter into a contract with
public or private agencies for the curbside collection of all or part
of the recyclable materials generated within its municipal boundaries.
[Amended 9-14-1994 by Ord. No. 1994-7]
A.
Only a person licensed by Swatara Township, Dauphin
County, Pennsylvania, may collect, transport and dispose of recyclables
or recyclable materials generated within the territorial limits of
Swatara Township, Dauphin County, Pennsylvania.
B.
An authorized collector is one who has been granted
a license by Swatara Township, Dauphin County, Pennsylvania, for the
specific purpose of collecting, transporting and disposing of recyclable
materials.
C.
A licensed collector shall not in any manner be construed
as an agent, servant or employee of Swatara Township, but shall, at
all times, be considered and remain an independent contractor.
D.
E.
Nothing contained in this article shall prevent Swatara
Township from terminating or revoking any or all licenses granted
hereunder for failure to comply with the terms and provisions of this
article, Act 101, or the regulations promulgated under either the
article or statute or for failure to comply with any other Township
ordinance or legislative or regulatory duties or obligations.
From the time of placement of recyclable materials
at the curb or a similar area for collection, in accordance with this
article and the regulations promulgated hereunder, those materials
shall be and become the property of the Township and its authorized
collector(s). 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 recyclable material. Any and each
such collection in violation hereof from one or more locations shall
constitute a separate and distinct offense punishable as hereinafter
provided.
Upon and after the effective date of this article
it shall be unlawful for any person or persons to dispose of any recyclable
items as established by this article or regulations promulgated hereunder,
commingled with other solid waste not required to be recycled or to
dispose of such items in places that will not insure that items are
recycled, unless material is so contaminated that it is unacceptable
for recycling.
[Amended 2-3-2016 by Ord.
No. 2016-2]
Swatara Township shall establish a comprehensive
and sustained public information and education program concerning
the recycling program features and requirements. As part of this program,
the Township Manager shall, at least 30 days prior to the initiation
of the recycling program and at least once every six months thereafter,
notify all persons occupying residential, commercial, institutional,
industrial and municipal premises within its boundaries of the requirements
of this article. The Township Manager shall, as he or she deems necessary
and appropriate, place an advertisement in a newspaper circulating
in Swatara Township, post a notice in public places where public notices
are customarily posted, include a notice with other official notifications
periodically mailed to residential tax payers, or utilize any combination
of the foregoing.
A.
The Township Health Officer and the Township Code
Enforcement Officer or their designee are authorized and directed
to enforce this article. The Health Officer is also hereby authorized
and directed to establish and promulgate reasonable regulations as
to manner, materials, days and time for the collection of recyclable
materials and any other matters required to implement this article
in accordance herewith.[1] The Health Officer or his or her designee may change,
modify, repeal or amend any portion of said regulations at any time.
[1]
Editor's Note: Said regulations are included
at the end of this chapter.
B.
Any person, other than a municipal official exercising
his or her official duties, who shall violate any provision of this
article, any regulation promulgated hereunder, or any order issued
hereunder shall, upon conviction thereof in a summary proceeding,
be sentenced to pay a fine of not less than $100 and not more than
$1,000, and costs, and, in default of the payment of such fine and
costs, to undergo imprisonment for not more than 30 days. Each day's
continuation of violation of this article shall constitute a separate
and distinct offense.
C.
In addition to any other remedies or penalties hereinbefore
provided, the Solicitor of the Township is authorized to institute
proceedings in courts of law or equity to control the recycling, transportation,
collection and storage of source-separated recyclable materials or
to enforce the provisions of this article, including the securing
of injunctive relief to prohibit any unlicensed or unauthorized person,
or any licensed or authorized collector in violation of the provisions
of this article, from continuing the collection, transportation or
disposal of recyclable items hereunder, or to enforce compliance by
any person with the terms of this article.
