[HISTORY: Adopted by the Board of Supervisors of the Township of
Adams as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned and junked vehicles — See Ch. 178.
[Adopted 12-13-1993 by Ord.
No. 64]
This article shall be known and may be cited as the "Township of Adams
Municipal Solid Waste Management and Recycling Ordinance."
The following words and phrases as used in this article shall have the
meanings ascribed to them herein, unless the context clearly indicates a different
meaning:
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988 (Act 1988).
[1]Empty all-aluminum food and beverage containers, clean aluminum foil
and pie tins, aluminum siding, aluminum frames of furniture, scrap from industrial
sources, and other all-aluminum materials.
A person, firm, partnership, corporation or public agency authorized
by the municipality or county to collect municipal waste from residential,
commercial, municipal and institutional establishments.
Empty food or beverage containers consisting of ferrous sides with
aluminum top and bottom. A container is bimetallic if a magnet sticks to the
sides, but not the ends.
Large waste items, including, but not limited to, appliances, auto
parts, furniture, trees and branches, or stumps or other items too large for
approved reusable or disposable waste containers.
Any person, firm, partnership, corporation, or public agency authorized
by the municipality to collect recyclable materials from residences, or authorized
by commercial, municipal, and institutional establishments to collect recyclable
materials from those properties.
Events that are sponsored by public or private agencies or individuals,
including, but not limited to, fairs, bazaars, socials, picnics and organized
sporting events attended by 200 or more individuals per day.
Those properties used primarily for commercial or industrial purposes.
Containerboard cartons, Kraft linerboard and all shipping boxes with
corrugated paper medium. This definition also includes Kraft (brown) paper
bags.
Any metal bin or container which may be mechanically lifted and emptied
into a collection vehicle.
All animal and vegetable waste resulting from handling, preparation,
cooking or consumption of food.
Empty bottles and jars made of clear, green, or brown glass. This
definition does not include noncontainer glass, window glass, blue glass,
porcelain, ceramic products, and light bulbs.
See "authorized collector."
Printing, writing and computer paper used in commercial, institutional
and municipal establishments as well as in residences. This definition includes
white paper, white ledger, bond paper, colored ledger, computer printouts,
computer tab cards and copy machine paper.
Unwanted hazardous material found in or generated by residential
establishments.
Facilities engaged in manufacturing or processing, including, but
not limited to, factories, foundries, mills, processing plants, refineries
and mining.
Facilities that house or serve groups of people, including, but not
limited to, hospitals, nursing homes, orphanages, day-care centers, schools
and colleges.
Automotive, truck, and industrial batteries that contain lead.
Properties having three or more dwelling units per structure.
Public facilities operated by the municipality and other governmental
and quasi-governmental agencies.
Garbage, refuse, industrial lunchroom or office waste and other material
resulting from the operation of residential, municipal, commercial or institutional
establishments and from community activities; and any sludge not meeting the
definition of residual or hazardous waste as defined by Pennsylvania Act 97.
[2]The Township of Adams.
Paper of the type commonly referred to as "newsprint" and distributed
at fixed intervals, having printed thereon news and opinions, containing advertisements
and other matters of public interest. Newsprint which has been soiled, crumpled,
color comics, glossy advertising inserts and advertising inserts printed in
colors other than black and white often included with newspapers may be exempted
from this definition.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, or any other legal
entity whatsoever which is recognized by law as the subject of rights and
duties.
Plastic such as containers for milk, food containers, household product
containers, PET soda bottles, beverage containers and other plastic products.
Materials generated by residential, commercial, municipal and institutional
establishments for which recycling markets exist and for which there is a
recycling agent. Recyclable materials may include clear glass, colored glass,
aluminum, steel, and bimetallic containers, high-grade office paper, newspapers,
corrugated paper, plastics, and any other item selected by the municipality
or county or specified in amendments to Act 101.
The collection, separation, recovery and sale or reuse of metals,
glass, paper, plastics and other materials which would otherwise be disposed
or processed as municipal waste.
All solid waste, except body waste, and including garbage, ashes
and rubbish.
Any occupied single-family, duplex, or multifamily dwelling of two
units or less.
Glass, metal, paper, discarded furniture, building materials, cartons
and shipping containers, and any and all accumulations of the same.
Unauthorized or uncontrolled removal of solid waste materials placed
for collection or removal from a solid waste processing or disposal facility.
Unwanted garbage, refuse and other discarded solid material resulting
from residential, industrial, commercial and agricultural operations and from
community activities. Unwanted liquids, semisolids and contained gaseous materials
are hereby defined as solid waste. Recyclable and reusable materials, including
any compostable organic waste, do not constitute solid waste for the purpose
of this article.
Materials that are separated from municipal waste at the point of
origin for the purpose of being recycled.
All coated (tin, zinc, etc.) and other empty ferrous food and beverage
containers, including allowed materials. This definition also includes ferrous
and alloyed ferrous scrap materials derived from iron, and stainless steel
and white goods (large appliances).
The containment of any waste on a temporary basis in such a manner
as to not constitute disposal of such waste.
Leaves, garden residue, shrubbery and tree trimmings, grass clippings
and similar material.
A.
Any person storing municipal waste for collection shall
comply with the following preparation standards:
B.
All municipal waste shall be stored in containers approved
by the municipality and shall comply with the following standards:
(1)
Reusable containers shall be constructed of durable,
watertight, rust- and corrosion-resistant material;
(2)
Reusable containers for residences shall have tight-fitting
covers, have suitable lifting handles and shall have a capacity of not more
than 30 gallons; if mechanical bins or detachable containers are in use, the
municipality may waive these standards;
(3)
Disposable plastic bags or sacks are acceptable containers,
provided the bags are designed for waste disposal; such bags shall be securely
tied at the top for collection and shall have a capacity of not more than
30 gallons; and
(4)
All containers, whether reusable or disposable, shall
be kept tightly covered at all times and shall be used and maintained so as
to prevent public nuisances.
C.
Any person storing municipal waste for collection shall
comply with the following storage standards:
(1)
Reusable containers shall be kept in a sanitary condition
at all times. The interior of the containers shall be kept clean by thoroughly
rinsing, draining and disinfecting as often as necessary;
(2)
Containers shall be covered or sealed at all times and
waste shall not protrude or extend above the top of the container;
(3)
With the exception of pickup days when containers are
placed out for collection, all containers shall be properly stored on the
owner's property; and
(4)
Bulky waste items shall be stored in a manner that will
prevent the accumulation or collection of water, the harborage or breeding
of vectors, insects or rodents or the creation of safety and fire hazards.
D.
The storage of all municipal waste from multifamily housing,
commercial, institutional and municipal establishments and industrial lunchrooms
and office wastes shall comply with the regulations and standards set forth
in this article. The type, size and placement of bulk containers for these
establishments shall be determined by the waste generator and the authorized
collector.
All generators of municipal waste in the municipality shall contract
for the collection of disposable waste and recyclable items, as follows:
A.
All residential properties shall use an authorized collection
service of their choice unless they prove to the municipality that they have
made alternative arrangements consistent with this article.
B.
All multifamily housing, commercial, institutional and
municipal establishments and industrial establishments with office and lunchroom
wastes shall use an authorized collection service of their choice.
C.
Collection service shall be provided in compliance with
the following standards:
(1)
All residential waste shall be collected at least biweekly
with the exception that arrangements shall be made in advance with the collector
for pickup of bulky waste and for payment of any special fees;
(2)
All multifamily housing, commercial, municipal, institutional
and industrial waste shall be collected at least once each week and more often
if required in order to control health hazards, odors or unsightly conditions;
(3)
All recyclable materials shall be collected at least
once each month;
(4)
Each authorized collector shall establish a regular collection
schedule in the municipality and shall so notify the municipality of the days
and times. If a regular collection day falls on a holiday, the collector shall
notify all customers and the municipality as to when collection will be made;
and
(5)
All authorized collectors operating within the municipality
shall comply with the Butler County Municipal Waste Management Ordinance as
regards the licensing of collectors and the transportation of waste to the
county-designated disposal facility.
D.
Receptacles/containers may be placed at the curb or roadside
or alley no more than 24 hours prior to the scheduled collection time, and
empty receptacles/containers shall be removed to the premises from the curb,
roadside or alley within 48 hours following the scheduled collection time.
Receptacles/containers shall not be kept at the curb or roadside between scheduled
collections, and they shall be stored on the premises at such locations to
be unseen from the public streets or roads or from the front yards of immediate
neighboring property.[1]
All authorized collectors shall be responsible for the collection of
any fees or charges for municipal waste collection and disposal services provided
to residential, commercial, institutional, municipal and industrial sources
within the municipality.
A.
Persons in residential establishments shall separate
recyclable materials from other waste. Recyclable materials shall be placed
at the curbside. Recyclable materials shall be prepared for collection according
to municipal or county guidelines and shall be placed in containers provided
by the municipality or cut and baled, tied, bundled, stacked or packaged in
compliance with the guidelines.
(1)
All containers provided to residential establishments
for recyclable materials shall be the property of the Township of Adams and
shall be used only for the storage and collection of recyclable materials.
Any resident who moves shall be responsible for leaving the container within
the residence or shall pay the replacement cost of said container.
(2)
Use of the allocated recycling container for any purpose
other than the recycling program shall be a violation of this article.
B.
An owner, landlord or agent of the owner or landlord
of a multifamily housing property with three or more units shall comply with
its recycling responsibilities by establishing a collection program for the
tenants at each property. The collection system shall include suitable containers,
provided by the owner, landlord or agent, for sorting and collection of recyclable
materials. The container shall be placed in easily accessible locations, and
written instructions shall be provided to the tenants concerning use and availability
of the collection system.
(1)
Owners, landlords or agents of multifamily property who
are in compliance with this article shall not be liable for noncompliance
by the occupants of their property.
(2)
Owners, landlords or agents of multifamily property who
have recyclable materials collected by a collection firm other than the municipality
or its designated collector(s) shall submit an annual report to the Township
of Adams reporting the tonnage of materials recycled during the previous year.
C.
Commercial, institutional, municipal establishments and
community activities shall separate as may be designated by the Township of
Adams and shall store the recyclable materials until collection. These establishments
may be exempted from this article if the establishments have otherwise provided
for the recycling of materials specified by this article and provide documentation
to the Township of Adams annually indicating the designated recyclable materials
are being recycled and indicating the tonnage of materials recycled during
the previous year.
(1)
It shall be the responsibility of each establishment
and community activity to submit an annual report to the Township of Adams
reporting the tonnage of materials recycled by the establishment or activity
during the previous year.
No person shall place a used lead battery in municipal waste, discard
or otherwise dispose of a lead acid battery except by delivery to a designated
facility authorized under the laws of Pennsylvania.
All recyclable materials, when placed at the curbside, become the property
of its authorized collector except as provided below:
A.
Any person may donate or sell recyclable materials to
individuals or organizations authorized by the Township of Adams. The recyclable
materials shall be either delivered to the individual organization site or
may be placed at the curb for collection by said individual or organization.
If placed at the curb, the individual or organization shall not collect recyclable
materials on days designated as municipal collection days.
B.
Any person who donates or sells recyclable materials
shall not receive a discount in waste collection fees paid to their collector.
The municipal officials of the municipality or their designated representatives
shall be responsible for the enforcement of the provisions of this article.
The Township of Adams officials are authorized by this article to enact reasonable
rules and regulations for the operation of this article, including, but not
limited to:
A.
Designating recyclable materials to be separated by residential
establishments, and designating additional recyclable materials to be separated
by commercial, institutional and municipal establishments;
B.
Establishing collection procedures for recyclable materials;
C.
Establishing reporting procedures for volumes of materials
recycled;
D.
Establishing procedures for the distribution, monitoring,
and collection of recycling containers;
E.
Establishing procedures and rules for the collection
of yard waste.
A.
Any person, firm or corporation who shall violate the
provisions of this article and its rules and regulations shall receive an
official written warning of noncompliance for the first offense.
C.
Any person who violates or permits a violation of this
article shall, upon conviction in a summary proceeding brought before a District
Justice 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 costs of prosecution. In default of payment thereof, the defendant may
be sentenced to 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, and each section of this article that
is violated shall also constitute a separate offense.[1]
