[Adopted 5-21-2009 by Ord. No. 2009-03]
This article shall be known as the "Hellam Township Municipal
Collection and Disposal of Municipal Waste and Recyclable Materials
Ordinance."
The following words, terms and phrases shall have ascribed to
them the meanings herein set forth, unless the use of such word, term
or phrase in context clearly indicates a different meaning:
A separate collection and transportation of trees to a mulching
site.
The person, corporation or partnership with whom the Township
of Hellam shall enter into a contract for collection, transportation
and disposal of municipal waste along with billing and collection
for the service.
A building or structure designed for living quarters for
residential purposes.
One or more rooms in a building, which room or rooms have
a kitchen with fixed cooking facilities, eating sleeping and living
facilities, arranged for occupancy by one person or two or more persons
living together as one family.
A parent, spouse, child, brother or sister, or child of a
brother or sister; or a spouse's parent, child, brother or sister,
or child of a brother or sister.
Leaves, garden residue, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
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. This term shall also include "solid waste," as defined in
the Pennsylvania Solid Waste Management Act, together with coal ash
and drill cuttings. 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 thereon news and other
matters of public interest, but not including glossy advertising inserts
included with newspapers.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, public and private
schools and educational facilities, other governmental agency or any
other entity or any group of such persons which is recognized by law
as the subject of rights and duties. In any provisions of this article
prescribing a fine, penalty or imprisonment, the term "person" shall
include the officers and directors of a corporation or other legal
entity having officers and directors.
Any property, including a farm, which contains a residential dwelling unit which generates municipal waste, except those exempted in § 389-15A(2) of this article.
Certain types of cardboard, glass containers, metal containers,
plastic containers, and any other materials, all as specifically defined
and designated by the contracting collector and/or Township, and provided
to residents in newsletters, website posting and other written information.
The Township of Hellam, York County, Pennsylvania or its
authorized representative or representatives.
Municipal waste, as defined herein.
Wrightsville Borough or the Wrightsville Municipal Authority.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
There is hereby established in the Township a collection, transportation
and disposal program for the collection, transportation and disposal
of municipal wastes and recyclable material from all qualified properties.
The Township is authorized to promulgate such rules and regulations
as are necessary to implement the collection, transportation and disposal
program for municipal waste from qualified property. Following appropriate
bidding procedures, the Township is authorized to enter into a contract
with a contracting collector for the collection, transportation, disposal
and billing of municipal waste and recyclable material, which contract
shall contain such terms and conditions as the Township shall deem
appropriate.
A.
On and after the effective date of this article, and on and after
the date established in the Township for the implementation of a collection,
transportation and disposal program for the collection, transportation
and disposal of municipal wastes and recyclable material from all
qualified properties, only the contracting collector authorized by
the Township, after appropriate bidding procedures, shall collect,
transport and dispose of municipal waste and recyclable material from
any and all qualified property located within the limits of the Township
of Hellam.
B.
On or after the effective date of this article, and on and after the date established in the Township for the implementation of a collection, transportation and disposal program for the collection, transportation and disposal of municipal wastes and recyclable material from all qualified properties, any person who collects refuse and/or recyclable material in the Township who is not the authorized contracting collector shall be in violation of this article. This section shall not apply to refuse collectors collecting refuse from nonqualified properties as set forth in § 389-15A(2), below.
A.
Each person owning or occupying a qualified property within the Township shall dispose of all municipal waste and recyclable material generated therein by having the same collected, transported and disposed of by the contracting collector in accordance with the terms and conditions of a contract between Township and contracting collector. The person shall have the option of: the "standard collection" for collection of a quantity not exceeding that set forth in § 389-17, below; the low-volume "pay-per-bag" tag option permitting persons to purchase a minimum of 26 bag tags annually; or standard collection utilizing a ninety-six-gallon cart/toter. All persons shall have the option of purchasing additional bag tags at a specified price for any additional waste exceeding that permitted under their chosen option. Each bag tag permits collection/disposal of one container or one large item. Said contracting collector shall have the exclusive right and obligation to collect and haul refuse within the Township, except as follows:
(1)
Those persons who decide to personally dispose of their refuse and
recyclables. The placing of municipal waste at roadside for collection
or the hiring or use of any person not a resident or immediate family
member, or the use of any vehicle larger than a pickup truck to dispose
of one's own refuse and recyclables shall not be considered personal
disposal.
(2)
Any property which utilizes a dumpster or dumpsters for collection
of refuse and recycling and does not place municipal waste at roadside,
such as, but not limited to, a church, commercial or retail business
or establishment, apartment house, multifamily dwelling complex, condominiums,
and other such planned residential development or mobile home park.
(3)
Those persons who, as of the effective date of this article, are
sanitary sewer customers of Wrightsville and receive and pay for trash
collection service from Wrightsville; provided, however, that any
such person may choose to discontinue service with Wrightsville and
become customers of the contracting collector at any time during the
contract period. Provided, also, however, that any such person, once
a customer of contracting collector, may not later cease to be a customer
and revert back to being a customer of Wrightsville.
B.
On or after the effective date of the trash collection program implemented
by this article, any person who is the owner or occupant of a qualified
property who permits any person not a resident, relative, or the contracting
collector to collect or remove any garbage, refuse or recyclable material
from the premises shall be in violation of this article.
C.
It shall be unlawful to cause or permit to accumulate any municipal
or solid waste anywhere in the Township unless in a tightly covered
metal or plastic container having a definite shape.
A.
A receptacle in which municipal waste is placed for collection, which
is a round sheet metal or plastic container which is watertight, has
a tight fitting lid, handle, has a capacity not exceeding 32 gallons,
and when filled, does not exceed more than 50 pounds. Plastic "garbage
bags", for one time use, properly tied, may be substituted for plastic
or metal containers. All municipal or 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. All containers
or plastic bags shall be securely covered or tied, as the case may
be. Such containers, when filled, shall not weigh more than 50 pounds
each. It is understood that all municipal waste must be in containers,
or securely tied in bundles not larger than three feet by three feet;
such bundles will be considered containers, and the maximum weight
of 50 pounds per container shall apply. Containers shall not be placed
at the curb or next to the cartway of the road earlier than 4:00 p.m.
the evening of the day preceding a scheduled collection day. Contracting
collector may also furnish its own receptacles, not to exceed a capacity
of 96 gallons.
B.
All recyclable materials shall be placed at roadside on collection
day in the receptacle provided by the Township or contracting collector
or in a receptacle approved by the Township. Such receptacles shall
be the property of the Township or contracting collector and shall
not be removed from the property for which they are being used.
A.
Contracting collector shall collect not more than four containers,
secured plastic bags or bundles of the authorized size and weight
on each collection day unless the resident has purchased additional
tags for additional containers. Tires, removed from the wheels, cannot
exceed 32 inches in diameter or a maximum of 12 inches tread width,
shall count as one container. Where contracting collector has not
made a collection by reason of the failure of the residents of a qualified
property to comply with this article, the contracting collector shall
report the matter in writing to the Township. No limitation shall
be placed on the amount of recyclable materials collected.
B.
Leaf waste and yard debris may be included with other municipal waste
for disposal.
The contracting collector shall collect municipal waste and
recyclable material on both sides of all public streets, roads, alleys
and highways in the Township which are maintained and adopted by either
the Township or the Commonwealth of Pennsylvania and on all private
roads as directed by the Township. Collection shall be made from the
front curbline, or where there is no curb, immediately next to the
cartway of the public street or road.
The contracting collector shall collect municipal waste and
recyclable material in accordance with the terms of the contract between
contracting collector and Township, but in no event less than one
time per week from each collection point. The contracting collector
shall commence the collection of municipal waste and recyclable material
not earlier than 6:00 a.m., prevailing time, and shall complete collection
no later than 6:00 p.m., prevailing time. No regular collections shall
be scheduled for any Saturday or Sunday. If the regular collection
day shall fall on any holiday recognized by the contracting collector,
the contracting collector shall make the collection on the next regular
working day after the holiday.
Vehicles used in making the collections shall have completely
enclosed watertight metal compaction bodies and shall be able to traverse
all public or private roads and streets as directed by the Township.
All such equipment shall be approved by the Pennsylvania Department
of Environmental Protection. It shall be unlawful to deposit or permit
to fall from any vehicle any municipal or solid waste on any public
street or alley in the Township; provided, that this section shall
not be construed to prohibit placing municipal or solid waste in a
container complying with the provisions of this article preparatory
to having such material collected and disposed of by contracting collector.
Municipal waste containers and recyclable receptacles shall
be picked up at the designated collection points and deposited into
the collection vehicles. No municipal waste or recyclable materials
may be spilled on the roads and streets of the Township and the contracting
collector must make every effort to prevent scattering of municipal
waste and recyclable materials, particularly paper and other light
materials by the wind. Contracting collector must take care not to
damage containers belonging to residents or Township, and in the event
of willful or unnecessary damage to such containers, contracting collector
shall be liable for the same. Contracting collector shall promptly
notify the Township if any residents or property owner claim damage
(to containers) other than reasonable wear and tear.
For properties served by the contracting collector, Christmas
trees shall be added as a separated recyclable material. Christmas
trees shall be placed at curbside or roadside where municipal waste
is normally placed on such dates as are established by the Township
or contracting collector. Such Christmas trees must be placed at the
street or alley side by 6:00 a.m. on the scheduled collection day.
A.
Contracting collector shall also collect and dispose of recyclable
materials. Contracting collector shall provide roadside recycling
service per the contract documents and this article. Contracting collector
shall 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. The contracting collector shall
keep accurate weight receipts for all designated recyclable materials
and municipal or 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. Contracting collector
shall make available for inspection by the Township any records and/or
weight receipts pertaining to customers in the Township. The exclusive
contract hauler shall permit the Township to use the information collected
pursuant to this section for purposes of applying for and obtaining
grants from the commonwealth.
B.
All residents of qualified property subject to roadside pickup of
refuse and solid waste within the Township shall prepare all recyclable
materials for curbside collection in a manner as specifically defined
and designated by the collector and/or Township, and provided to residents
in newsletters, website posting and other written information.
C.
Except for the contracting collector, it shall be unlawful for any
person to take, remove or dispose of recyclable materials after such
materials are set out for collection.
A.
Every owner of a qualified property shall pay a fee for the collection,
transportation and disposal of municipal waste and recyclable.
B.
The contracting collector is hereby authorized to charge a fee and
shall be required to perform billing for the fee charged for garbage
and recycling collection, transportation and disposal services. Billing
of the fee charged, levied and assessed shall be in accordance with
rate set forth in the contract between the contracting collector and
the Township. All fees and charges which remain unpaid after the invoice
due date shall be deemed delinquent. The billing of fees and charges
shall be sent directly to the property owner or occupant and the property
owner or occupant will be responsible for payment of the fee and charges.
The fee and charges shall be charged for each unit.
C.
This fee will be billed quarterly, or semiannually by the contracting
collector and will be due and payable 30 days after the invoice billing
date. If any fees or charges imposed by this article are not paid
by the due date, there will be a penalty of $10 added to the outstanding
invoice. Thereafter, the penalty will be added quarterly during each
quarter the bill remains unpaid (in the months of January, April,
July, and October).
D.
If the owner or occupant shall fail to pay any charges or fees after
the invoice becomes delinquent, the Township or contracting collector
is authorized to file a civil lawsuit for the collection of charges,
penalties, interest and costs of collection, including reasonable
attorney's fees. Upon the filing of a civil lawsuit, a penalty
of $50 shall be added to all delinquent accounts.
E.
Upon the filing of a civil lawsuit for the collection of any delinquent
fees or charges, contracting collector shall be entitled to charge
and collect as a part thereof, all costs of collection, including
reasonable attorney's fees.
The contracting collector shall become the owner of the municipal
waste and recyclable materials at such time as it is collected from
each collection point.
A.
All municipal or solid waste shall be placed in containers for collection.
It shall be unlawful to dispose of any municipal or solid waste anywhere
except in accordance with the Pennsylvania Solid Waste Management
Act,[1] this article, and any Hellam Township solid waste management plan. All owners of qualified properties and all other producers of municipal waste shall dispose of all municipal waste by using the services of the contracting collector, unless exempted by § 389-15A of this article. Such owners and producers of municipal waste shall become contractually bound to use and pay for such services in accordance with this article, all other Hellam Township ordinances, contract documents, regulations, and applicable law, with the right on the part of the contracting collector 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 contracting collector.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B.
Contracting collector shall dispose of municipal waste and recyclable
only at a disposal facility approved or operated by the York County
Solid Waste Authority for the type of waste to be disposed. Contracting
collector shall 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 the Township. Contracting collector must make
available for inspection by the Township any records and/or weight
receipts pertaining to customers in the Township. Contracting collector
must permit the Township to use the information collected pursuant
to this section for purposes of applying for and obtaining grants
from the commonwealth or any other organization or agency.
The owners or occupants of premises that do not constitute a qualified property, as defined under § 389-15A(2) of this article, shall enter into a contract with a person authorized or licensed by the Commonwealth of Pennsylvania to collect, transport and dispose of municipal waste, which contract shall provide for the collection and transportation of municipal waste and recyclable from the premises and which contract shall provide for the disposal of the municipal waste and recyclable at a disposal facility approved by the York County Solid Waste Authority. A copy of the contract referred to in this section shall be presented on demand to the Township by the owner or occupant of the premises upon request.
A.
No person who is not the owner or occupier of a qualified property
shall dispose of or place for collection any municipal waste or recyclable
materials within the limits of the Township of Hellam.
B.
No owner or occupant of a qualified property shall dispose of or
place for collection any municipal waste or recyclable materials not
generated by the owner or occupier of the qualified property.
Contracting collector shall comply with all statutes and laws
of the Commonwealth of Pennsylvania and all ordinances of the Township
of Hellam in any manner relating to the collection, transportation,
disposal, and billing and collection of municipal waste.
The contracting collector shall pay promptly any damages inflicted
upon property owners or residents occasioned by the fault or negligence
of the contracting collector or its employees or agents. Failure to
promptly pay damage occasioned by its fault or negligence shall also
constitute a violation of this article.
Collection of municipal waste shall be made only in trucks equipped
with compactor-type units or with tarpaulin-covered bodies. A person
collecting municipal waste shall dispose of said material only in
compliance with the exclusive contract, the Hellam Township solid
waste management plan, the Pennsylvania Solid Waste Management Act
and, in the event that it does not, then it shall be subject to forfeiture
of any authorization to collect municipal waste in the Township. Such
failure shall also constitute a violation of this article.
Any person who shall violate any provisions of this article
shall, upon conviction, be sentenced to pay a fine of not more than
$1,000, or in default of payment of such fine, then to suffer imprisonment
for not more than 90 days. Each day's continued violation of
this article shall constitute a separate offense.
A.
In any case where a provision of this article is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance,
the provision which establishes the higher standard for the promotion
and protection of the health and safety of the residents of the Township
shall prevail. In any case where a provision of this article is found
to be in conflict with the provisions of any ordinance or code in
the Township existing on the effective date of this article which
establishes a lower standard for the promotion and protection of the
health and safety of the residents of the Borough, the provisions
of this article shall be deemed to prevail, and such other ordinances
and codes are hereby declared to be repealed to the extent that they
may be found in conflict with this article.
B.
If any section, subsection, paragraph, sentence, clause or phrase
of this article shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this article,
which shall remain in full force and effect and, to this end, the
provisions of this article are hereby declared to be severable.
