[HISTORY: Adopted by the Board of Supervisors of the Township of East Manchester 3-11-2003 by Ord. No. 2003-1 (Ch. 76 of the 1988 Code). Amendments noted where applicable.]
For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- CHRISTMAS TREE COLLECTION
- A separate collection and transportation of trees to a mulching site designated by the Township.
- LEAF WASTE
- Leaves, garden residue, shrubbery and tree trimmings and similar material, but not including grass clippings.
- Leaves from deciduous trees, which have fallen from trees as a result of seasonal changes. This term as used in this chapter is intended to be less inclusive than the term "leaf waste."
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- The controlled removal of valuable materials from a solid waste processing or disposal site for reuse or sale for reuse.
- RECYCLABLE MATERIALS
- Newsprint, magazines, junk mail, cardboard, plastics (marked PETE or HDPE, 1 or 2), aluminum, steel, bimetal, aerosol cans and glass which are to be collected separately and disposed of in a manner which will allow reprocessing and reuse. Leaves shall also be recycled, to the extent that the Township has a location to recycle such leaves, and shall be placed for collection and collected separately from other recyclable materials, as specified in this chapter.
- Residential dwelling of four units or less held in common ownership and contiguous.
- Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings.
- SOLID WASTE
- Solid waste as defined in the Pennsylvania Solid Waste Management Act, together with coal ash and drill cuttings.
- A ninety-six-gallon container equipped with wheels for ease of movement and capable of being dumped mechanically into refuse trucks.
- East Manchester Township.
- One box, can, suitable plastic bag, or carton, either empty or filled with municipal waste when such material is assembled, broken or cut up and tied securely in bundles. Units shall be of such size that the longest dimension shall not exceed three feet and that the volume shall not exceed 12 cubic feet; and, provided further, that the total weight of any unit shall not exceed 50 pounds. Municipal waste containing putrescible matter shall not be placed in units.
The following recycling activities shall be mandatory:
Residential recycling. The occupants of all residential establishments, including but not limited to homes and apartments, shall separate from other municipal waste generated in the residential establishment all recyclable materials as defined in this chapter, and shall place such recyclable materials in appropriate containers provided by or on behalf of the Township. The Township reserves the right to charge a reasonable fee for such containers. Such recyclable materials shall be placed at curbside by the occupant of the residential establishment as set forth in § 187-12 of this chapter.
Leaf waste. All occupants of residential establishments shall separate leaf waste from other municipal waste.
Multifamily rental housing properties. The owner, landlord, or agent of an owner or landlord of any multifamily rental housing property with four or more units shall comply with the terms of this section by establishing a collection system for recyclable materials at each such property. Such collection system shall 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. It shall be the responsibility of the owner or landlord, or agent of the owner or landlord, to provide to the Township satisfactory proof of compliance with this Subsection C. Owners, landlords, and agents of owners or landlords who comply with this subsection shall not be liable for the noncompliance of occupants of their buildings. Occupants of those buildings shall be responsible for sorting and recycling recyclable materials to the same extent as occupants of residential establishments as set forth in Subsection A.
Commercial, municipal and institutional establishments; community activities. All commercial, municipal, or institutional establishments, or operators of community activities shall be responsible for separating high-grade office paper, aluminum, corrugated paper and leaf waste from other municipal waste at the facility. Such materials shall be appropriately stored until collection. However, any commercial, institutional and municipal establishments which have otherwise provided for the recycling of such materials shall be exempted from the collection provisions of § 187-12 of this chapter, provided that each such commercial or institutional solid waste generator annually provides written documentation to the Township of the total number of tons recycled.
Exclusive contract hauler. The Township, after requisite bidding procedures, shall award to one exclusive contract hauler an exclusive multiyear contract for the collection of residential municipal waste as specified in the contract documents relating thereto. Such exclusive contract hauling shall commence on July 1, 2003, and run for the period specified in the documents or established by resolution from time to time. At a minimum, the contract hauling documents shall specify a specific day or days of each week when residential municipal waste pursuant to § 187-7 and recyclable materials pursuant to § 187-12 shall be collected by the exclusive contract hauler. The fee for such exclusive contract shall be $5,000, payable within 10 days after the award of the exclusive contract, in the form of a certified check or cashier's check. The exclusive contract hauler shall register all vehicles used in the Township prior to July 1, 2003, of each year of the exclusive contract, per Subsection A. The Township, in its sole discretion, may extend the exclusive contract for one additional year by passage of a resolution to that effect and payment by the exclusive contract hauler of $1,500 and registration of all vehicles to be used in such year.
Registration required. The exclusive contract hauler shall not collect solid waste in the Township without first registering, on a form approved by the Township, any motor vehicles used in such collection. Such exclusive contract hauler desiring to register any vehicle shall present a written application to the Township Secretary, and such vehicle shall be deemed registered upon notification to the applicant by the Township Secretary after proper review. Registrations shall commence on July 1, 2003, and shall expire every following July 1, 2003. All persons collecting solid waste in the Township shall register any vehicle used for such collection with the Township.
Other haulers. All haulers of municipal waste, or commercial or industrial waste, or recyclable materials, other than the exclusive contract holder, who are providing services in the Township pursuant to §§ 187-2 and 187-7 who are not mandated pursuant to this section to utilize the services of the exclusive contract hauler shall, by July 1 of each year, register with the Township, and provide to the Township a list of all nonresidential or multifamily residential customers within the Township for whom they provide services, and shall certify that they are providing services either for the hauling of municipal waste, commercial or industrial waste, or recyclable materials, or a combination of those as identified in the certification. Such haulers shall also update said list within 30 days after they either add or remove customers, or add or remove services to an existing customer, and shall, with each such update, provide the same certification as required in this subsection.
All solid waste or other material subject to decay, excepting sewage, leaves, grass or animal fertilizer, shall be kept in a tightly covered metal or plastic container having a definite shape. It shall be unlawful to place or permit the same to remain anywhere in the Township other than in a tightly covered metal or plastic container having a definite shape.
It shall be harmful to place or permit to remain any sewage above the surface of the ground in the Township.
It shall be unlawful to cause or permit to accumulate any solid waste anywhere in the Township unless in a tightly covered metal or plastic container having a definite shape, except automobiles, trucks, buses, motorcycles, trailers, motor scooters or other vehicles capable of proceeding under their own power or being towed by a powered vehicle which are included in the aforesaid definitions of solid waste shall be completely housed or enclosed within a permanent structure not including tents, tarpaulins or temporary coverings of any nature whatsoever.
It shall be unlawful to deposit or permit to fall from any vehicle any solid waste on any public street or alley in the Township, provided that this section shall not be construed to prohibit placing solid waste in a container complying with the provisions of this chapter preparatory to having such material collected and disposed of by a collector registered by the Township.
All solid waste shall be placed in containers for collection. It shall be unlawful to dispose of any solid waste anywhere except in accordance with the Pennsylvania Solid Waste Management Act, this chapter and the East Manchester Township Solid Waste Management Plan. All owners of residential properties and all other producers of solid waste shall dispose of all solid waste by using the services of the exclusive contract hauler or a registered or other hauler pursuant to this chapter or any other ordinances of the Township. Such owners and producers of residential solid waste shall become contractually bound to use and pay for such services in accordance with all East Manchester Township ordinances, contract documents, regulations, and applicable law, with the right on the part of the hauler to withdraw services for payments therefor which are delinquent for more than 90 days. It shall be a violation to refuse or neglect to pay for hauling services in the absence of a breach of contract by the exclusive contract hauler.
Receptacles/containers shall be placed at the curb or roadside or alley by 6:00 a.m. on the scheduled day of collection but shall not be so placed prior to 5:00 p.m. on the day before collection, and empty receptacles/containers shall be removed to the premises from the curb, roadside or alley by 11:00 p.m. of the day of collection. 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.
All solid waste shall be placed in metal or plastic containers having a definite shape equipped with covers and having a capacity of no more than 32 gallons, except:
Commercial and industrial establishments which utilize or have contracted with private collectors utilizing larger containers which containers, however, shall be equipped with a cover; and
Customers of registered or the exclusive contract collector allowed to use toters shall be allowed to use toters.
Notwithstanding the foregoing, municipal waste may be placed in plastic containers not having a definite shape, but which are securely closed and which have a capacity of no more than 32 gallon, or units at a regular collection point on the day of collection.
For properties served by the collector exclusively contracted to collect and haul residential municipal waste and recyclables under this chapter or any successor regulations or amendments thereto, Christmas trees shall be added as a source-separated recyclable material. Christmas trees shall be placed at the public street or alley edge where solid waste is normally placed at such time and date as is established by the Township or its exclusive contract collector during the first full week of January. Such Christmas trees must be placed at the street or alley side by 6:30 a.m. on the scheduled collection day.
During the fall season, leaves (as distinguished from leaf waste) which are placed in piles along the curb or the edge of the road within the cartway or the berm shall be collected by the Township, and, when so collected, shall be recycled by the Township to the extent that the Township is able to arrange with the owner or owners of property in the Township or in an adjoining Township satisfactory to the Township to recycle said leaves. Leaves intended for recycling by a resident shall not be placed in any containers or units of any kind.
The exclusive contract hauler shall provide curbside recycling service per the contract documents and this chapter. All collectors providing recycling to customers in the Township are required to conform to all ordinances of the Township, the Township Solid Waste Management Plan, any county plan and any statutes or regulations of the Commonwealth of Pennsylvania. All collectors providing recycling services in the Township are required to keep accurate weight receipts for all designated recyclable materials and municipal solid waste collected from within the Township and must provide these totals to the Township annually or as often as deemed necessary by or specified in the exclusive contract documents and exclusive contract awarded by the Township. All collectors shall make available for inspection by the Township any records and/or weight receipts pertaining to customers in the Township. All collectors shall permit the Township to use the information collected pursuant to this section for purposes of applying for and obtaining grants from the commonwealth.
The exclusive contract hauler or any other hauler within the Township shall pay promptly any damages inflicted upon property owners or residents occasioned by the fault or negligence of said operators. Failure of the hauler to promptly pay damage occasioned by his or its fault or negligence shall subject the hauler to immediate forfeiture of his or its authorization to collect said waste in the Township.
Collection of solid waste shall be made only in trucks equipped with compactor-type units or with tarpaulin-covered bodies. A person collecting solid waste shall dispose of said material only in compliance with the exclusive contract, the East Manchester Township Solid Waste Management Plan, the Pennsylvania Solid Waste Management Act and, in the event that he/she does not, he/she shall be subject to forfeiture of any authorization to collect solid waste in the Township.
The exclusive contract hauler collecting solid waste from residents within the Township shall make available said collection at least once each week to every resident serviced.
Any person violating the provisions of this chapter, or failing to comply therewith, or with the terms and conditions of the contract shall be subject to any penalties in the specifications for the exclusive contract and, in addition, shall commit a criminal offense, and shall, upon being found guilty by a Magisterial District Judge, after hearing, pay a fine not to exceed $1,000, together with all court costs and attorneys' fees as permitted by law. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each continuing day of violation shall be deemed a separate and distinct offense.
[Added 3-9-2010 by Ord. No. 2010-1]
Each owner of a residential (as defined in this chapter) dwelling within East Manchester Township shall be required to pay to the exclusive contract hauler a monthly, quarterly or semiannual fee for the collection, transportation and disposal of municipal waste and recyclable materials. This fee shall be paid regardless of the amount or type of municipal waste and/or recyclable material put out for collection. The monthly, quarterly or semiannual fee charged by the exclusive contract hauler shall be established by a contract to be entered into between East Manchester Township and the exclusive contract hauler 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 residential dwelling. The exclusive contract hauler shall be solely responsible for the collection of the monthly, quarterly or semiannual fees.
All fees which remain unpaid 30 days after the invoice date shall be deemed to be delinquent. All delinquent accounts shall have added to them a penalty of $10. Thereafter, the ten-dollar fee shall be imposed once during each quarter that the delinquent balance remains unpaid. The Township or exclusive contract hauler is authorized to waive such penalty, in whole or in part, if either party believes it is in the best interest of the Township to do so.
If the owner of a residential dwelling shall fail to pay any charges or fees after the same become delinquent, the Township Solicitor is authorized, pursuant to the Pennsylvania Municipal Claims Act, to enter a lien against the real estate upon which the residential dwelling is situate in the amount of the fees and charges or aggregate of fees and charges, plus penalties and costs of entry.
Editor's Note: See 53 P.S. § 7101 et seq.
If the owner of a residential dwelling shall fail to pay any charges or fees after the same becomes delinquent, the Township Solicitor and/or exclusive contract hauler, are authorized to file a civil suit against the owner for the collection of refuse fees, related charges, penalties, interest, and costs of collection, including reasonable attorneys' fees, and an administrative fee of $50.
If the owner of a residential dwelling does not reside in the dwelling, the exclusive contract hauler may collect the fee for the collection, transportation and disposal of municipal waste and recyclable materials from the tenant or occupant of the residential dwelling. The exclusive contract hauler shall be authorized to exercise the collection remedies provided for in Subsections B and D against the tenant or occupant. The exclusive contract hauler shall not be permitted to enforce the owner’s duty to pay a tenant’s or occupant’s bill for service rendered, unless the exclusive contract hauler notifies the owner of the residential dwelling within 30 days after the tenant’s or occupant’s bill for service first becomes overdue. Notification shall be provided by first-class or certified mail to the address of the owner and to the billing address of the tenant or occupant, respectively. The notice shall reference the enforcement provisions of this chapter and clearly indicate the owner shall be responsible for overdue charges for service rendered to the tenant or occupant of the residential dwelling. Nothing in this subsection shall be construed to relieve the owner of liability for such service unless the exclusive contract hauler fails to provide the notice required in this subsection.
[Added 4-13-2010 by Ord. No. 2010-2]
The existence or exercise of any remedy under this section shall not prevent the Township from exercising any other remedy provided under this chapter or the Township's policies or procedures or available at law or equity.