[Adopted 12-5-2007 by Ord. No. 2007-09]
The following words and phrases, when used in this article,
shall have the meanings given to them in this section, unless the
context clearly indicates otherwise:
AUTHORITY
Chester County Solid Waste Authority.
CANS
Aluminum cans (i.e., soda), tin (steel) cans, all food cans
(i.e., vegetables, fruit, pet food, juice, coffee, etc., including
large economy size), aluminum pie tins and foil; all items must be
rinsed and cleared.
COMMERCIAL
Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, and theaters. Multifamily dwellings, townhomes, mobile home parks, hotels, motels, mixed-use properties (combined business/residential on a single parcel) and farms which use commercial dumpsters shall be considered commercial establishments. Does not include properties where primary permitted use is residential and accessory use is commercial (i.e., home occupations as defined by Chapter
370, Zoning).
COMMUNITY ACTIVITIES
Church, school, civic, service group, municipal functions,
and all other such functions conducted within Schuylkill Township
and sponsored privately, which include, but are not limited to, fairs,
bazaars, socials, picnics, and organized sporting events that will
be attended by 200 or more individuals per day.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges (i.e., cardboard).
CURBSIDE RECYCLING COLLECTION
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
CUSTOMER
The owner of any residential, commercial, industrial, or
institutional property located within the Township.
DESIGNATED AGENT
An agent, such as council of governments, acting on behalf
of a municipality whose powers and responsibilities are established
in an intergovernmental agreement or similar document.
DROPOFF SITES
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
DWELLING
Any building or other structure designed and occupied exclusively
for residence purposes, including an apartment and mobile home, but
excluding rental units in a motel, rooming house, institutional home,
dormitory, and the like.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with
the responsibilities of administering this article, or the official
authorized representative.
EXCLUSIVE CONTRACT
An agreement entered into by Schuylkill Township, or its
designated agent, with a private person or corporation for the collection
and disposal of all municipal waste within Schuylkill Township to
the extent provided by this article and the agreement.
GLASS CONTAINERS
Bottles and jars made of clear or colored glass. Expressly
excluded are noncontainer glass, mirrors, automobile glass, dishware,
plate glass, crystal, light bulbs and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional and municipal establishments.
INDUSTRIAL
Any establishment engaging in manufacturing or processing,
including, but not limited, to factories, foundries, mills, processing
plants and refineries.
INSTITUTIONAL
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
LEAD ACID BATTERIES
Shall include, but not be limited to, automotive, truck and
industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes, and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
LICENSED HAULER
A person who has obtained a license from the Township or
its designated agent authorizing said person to collect, transport,
and/or dispose of municipal solid waste, recyclable materials and
bulk waste from residential, commercial, industrial and institutional
establishments. The term may be applied to a person having the exclusive
right to collect within the Township.
MUNICIPAL SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste
and any other material, including solid waste, liquid, semisolid or
contained gaseous materials resulting from the operation of residential,
municipal, commercial, industrial, or institutional establishments
and from community activities, and any sludge not meeting the definition
of "residual waste" or "hazardous waste" in the Solid Waste Management
Act, 35 P.S. § 6018.103, from a municipal, commercial, industrial,
or institutional water supply treatment plant, wastewater treatment
plant, or air pollution control facilities (53 P.S. § 4000.103).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
MUNICIPAL WASTE COLLECTOR
Any person collecting or transporting municipal waste or recyclable materials for owners or occupants of property in Schuylkill Township, and any business or institution within Schuylkill Township which generates municipal waste or recyclable materials and uses its own employees and equipment for the collection or transportation of municipal waste or recyclable materials. All municipal waste collectors shall be registered pursuant to the provisions of Article
II, Municipal Waste Collection.
NEWSPAPER
All 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
including glossy inserts. Expressly excluded is junk mail included
with newspapers.
PERSON
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
PLASTIC
Bottle and jar containers only (i.e., milk, water, soda,
detergent, shampoo). Rinse and crush. Excluded are motor oil bottles,
plastic cups, flowers, pens, toys, plastic wrap and Styrofoam.
RECYCLABLE MATERIALS
Source-separated recyclable materials, including materials
listed in Section 1501 of Act 101 and materials identified by the Township to be recycled.
SOURCE SEPARATION
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
TOWNSHIP
The governmental jurisdiction and legal entity of the Township
of Schuylkill, County of Chester, Pennsylvania.
Those recyclable materials separated under the provisions of
this article shall not be considered municipal waste and shall not
be subject to provisions of Township ordinances which require disposal
of municipal solid waste at the Chester County Solid Waste Authority
facilities by a hauler registered by the Township or its designated
agent.
There is hereby established a program for the mandatory source
separation and collection for recyclable materials and leaf waste
within Schuylkill Township, Chester County, Pennsylvania. No person
shall dispose of municipal waste, recyclable materials or leaf waste
within Schuylkill Township except in accordance with this article.
The use of a municipal waste collector will not relieve any person
from compliance with this article.
The collection of municipal waste and recyclable materials by
municipal waste collectors shall be made in compliance with the rules
and regulations adopted by the Board of Supervisors of Schuylkill
Township to carry out the intent and purpose of this article. Such
rules and regulations shall be approved by resolution of the Board
of Supervisors and, when so approved, shall have the same force and
effect as the provisions of this article. Said rules and regulations
may be amended, modified or repealed by resolution of the Board of
Supervisors.
Any person may donate or sell recyclable materials to individuals
or organizations. Otherwise, such materials are to be placed at curbside,
in dropoff facilities or storage bins, or similar authorized locations
for collection by the exclusive contractor or licensed hauler as applicable.
Dropoff facilities may be sited for use by residents of Chester County,
outside of Schuylkill Township, not serviced by a curbside route.
The terms and provisions of this article are to be liberally
construed, so as to best achieve and effectuate the goals and purpose
hereof.
This article shall become effective upon adoption by the Board
of Supervisors of Schuylkill Township. Sections of this article relating
to commercial, industrial, and institutional establishments shall
become effective 60 days after adoption.
[Adopted 12-5-2007 by Ord. No. 2007-10]
Any accumulation, dumping or depositing of trash, garbage, ashes,
rubbish and/or refuse on any private or public property or grounds
within the Township of Schuylkill are hereby prohibited. It shall
be the duty of every person owning a residential, commercial, industrial,
or institutional property within the Township where municipal solid
waste is generated and accumulated, by his/her own expense and cost,
except as otherwise specified in this article, to provide and keep
at all times a sufficient number of containers to hold all municipal
solid waste accumulated between intervals of collection of such waste
by a registered hauler, and to insure the sanitary and legal disposal
of such waste in accordance with this article and all other Township,
state and federal applicable laws and regulations.
A. Storage on residential properties.
(1) Containers.
(a)
All refuse accumulated by owners of residential properties and/or the occupants of residential properties shall be placed in containers for collection by a registered hauler. Refuse containers used for curbside collection shall be watertight, covered plastic or metallic cans or durable and lightweight plastic bags that can be easily and quickly handled by one person. Refuse containers shall be not less than five-gallon nor more than thirty-five-gallon capacity. The weight of a single filled container shall not exceed approximately 50 pounds. Use of bulk containers at multifamily establishments shall comply with the provision of Subsection
B(1) below.
(b)
It shall be the responsibility of each customer to keep all
refuse receptacles in good repair and sanitary condition. Any receptacle
which does not conform to the provisions of this article or that may
have ragged or sharp edges or any other defect liable to hamper or
injure the registered hauler shall be promptly replaced upon notice.
Failure to comply within 10 days will result in the removal of the
defective receptacle as refuse.
(c)
A sufficient number of refuse receptacles shall be provided
by the customer of the premises. No container shall be so filled that
the lid will not fit tightly.
(d)
More than one family or living unit on the same premises may
use the same containers but each family must pay the established rate
as though a separate container is being used.
(2) Location of containers.
(a)
For residential properties with curbside collection, each refuse container shall be placed for collection so as to be accessible to the registered hauler at ground level and at a point immediately behind the curbline of the street, within no more than 10 feet of the cartway of the street or alley from which the collection with a vehicle is made if there is no curbing, or at a location mutually agreeable between the resident, the Township, and the registered hauler. Failure to place containers at such locations may result in refuse not being collected. Location for collection of uncontainerized recyclable material shall be as specified by the Township. Location of bulk containers at multifamily establishments shall be in accordance with Subsection
B(2) below.
(b)
Before any winter storm event, all containers shall be removed
from the curbline and the cartway of any public street. The Township
will not be responsible for removing or replacing any containers left
out during any snow and/or ice removal activity.
B. Storage on commercial, industrial, and institutional properties.
(1) Containers. Storage of municipal solid waste on commercial, industrial
and institutional properties may be done in the same type of containers
as required for residential properties or by dumpsters as may be determined
appropriate by the customer.
(2) Location of containers. Dumpsters for the storage and collection
of municipal solid waste at commercial, industrial, or institutional
properties shall be located on the customer's premises at a place
agreed upon by the customer of the commercial, industrial, or institutional
property and the licensed hauler. This location and buffering, if
required, shall be in compliance with zoning or other applicable municipal
requirements for the location of such containers. Such locations shall
not interfere with public or private sidewalks, walkways, driveway,
roads, streets, highways, alleys, or entrances and exists for public
or private buildings.
C. Disposal of municipal solid waste. All municipal solid waste produced,
collected and transported from within the jurisdictional limits of
the Township shall be disposed of at the facilities designated in
the Chester County Solid Waste Management Plan.
D. Unlawful disposition of municipal solid waste. It shall be unlawful
for any person to bring any municipal solid waste into the Township
or to transport municipal solid waste from one address to another
within or outside of the Township for the purpose of taking advantage
of the collection service to avoid the cost of collection.
E. Bulk waste.
(1) Bulk waste shall be disposed of in accordance with the Chester County
Solid Waste Management Plan at a state-permitted disposal facility,
a facility especially designated by the Township to take such bulk
items, or a legitimate salvage dealer that is in the business of disposing
or recycling such items. Bulk waste may be transported in a vehicle
appropriate to the type of waste as to prevent spillage, accidental
loss, etc.
(2) Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of collecting municipal solid waste
from hauling his/her bulk waste to a state-permitted disposal facility
or to a disposal facility as designated by the Township in accordance
with the regulations of the disposal facility.
F. Construction and demolition waste. All waste materials resulting
from the building, structural alteration, repair, construction, or
demolition of buildings or structures shall be disposed of as permitted
by applicable Township, state and federal laws and regulations as
may be in effect, or as subsequently imposed. It shall be the responsibility
of the property owner to ensure the disposal of such waste in accordance
with applicable laws and regulations. Nothing contained herein shall
be deemed to prohibit any person not regularly engaged in the business
of collecting municipal solid waste from hauling his/her construction
and demolition waste to a state-permitted disposal facility or to
a disposal facility as designated by the Township in accordance with
the regulations of the disposal facility.
G. Exclusions.
(1) Nothing contained herein shall prohibit a farmer from carrying out
normal farming operations, including composting or spreading of manure
or other farm-produced agricultural waste, not otherwise prohibited
or regulated for land applications. All such practices must be conducted
in compliance with applicable Township, state and federal laws and
regulations as may be in effect or subsequently imposed.
(2) The provisions of this article do not apply to anything but the storage,
collection, transportation, and disposal of municipal solid waste
and do not apply, therefor, to "hazardous waste" or "residual waste"
as defined by the Pennsylvania Solid Waste Management Act and its
amendments. All hazardous or residual waste must be disposed of in
compliance with applicable Township, state, and federal laws and regulations
as may be in effect or subsequently imposed.
It shall be unlawful for any person other than persons authorized
by license by the Township, or its designated agent, to collect and/or
transport municipal solid waste which is generated within the Township
as a regular hauling business. Authorization to collect, transport,
and dispose of refuse for persons other than oneself may be given
only by the Township, or its designated agent, through registering
with the Township. The Township may decide to enter into an exclusive
contract for residential and/or commercial refuse collection or any
part thereof. The Township shall require a hauler to obtain a registration
for those services provided by an exclusive contract. The Township
may authorize a designated agent to establish and maintain a registration
program for the collection of residential and/or commercial refuse
and to award and administer an exclusive contract for the collection
and transportation of such material. Reasonable rules and regulations
for the registration program shall be adopted from time to time by
the Township Board of Supervisors or its designated agent. These rules
and regulations shall be in the form of an agreement between a registered
hauler and the Township or its designated agent.
A. Application of license.
(1) All municipal waste collectors shall register on application to the
Board of Supervisors. Said municipal waste collector may collect or
transport such municipal waste or recyclable materials within the
Township for a period of one year from the date of issuance of the
registration or until January 31 of the next calendar year from the
calendar year in which the registration is issued, whichever is earlier.
Each registrar must renew the registration no later than January 31
of each calendar year. Any municipal waste collector to whom a license
is so issued shall have the privilege of collecting and transporting
any municipal waste or recyclable materials picked up within the boundaries
of the Township. Registration shall not be transferable.
(2) At the time of application, the municipal waste collector shall provide
the following information on a form prepared by the Township.
(a)
The name of the municipal waste collector business address and
telephone number of the business office to receive calls from persons
in the Township who receive collection service.
(b)
The name, address and telephone number of the person having
the largest ownership interest in the municipal waste collector.
(c)
The name, address and telephone number of the officers of the
corporation or general partners of the partnership, if applicable.
(d)
The make, year, model and registration number of each truck
or vehicle which is used in Schuylkill Township to haul, carry, transport
or collect municipal waste or recyclable materials.
(e)
A certificate of the applicant's workmen's compensation insurance
as required by law.
(f)
A certificate of insurance coverage covering complete third-party
public liability for both bodily injury and property damage, owner's
and collector's protective insurance and automobile insurance with
respect to personal injuries and property damage. Such insurance shall
be in amounts that shall be from time to time set by resolution by
the Board of Supervisors. Each and every policy of insurance herein
mentioned which is required pursuant to the terms of this article
shall carry with it an endorsement to the effect that the insurance
carrier will convey to Schuylkill Township, by certified mail, written
notice of any modifications, alterations or cancellation of any such
policy or policies or the terms thereof. The above-mentioned written
notice shall be mailed to Schuylkill Township at least 10 days prior
to the effective date of any such modification, alteration or cancellation.
(g)
The approved disposal site where municipal waste will be taken.
(h)
The processing and/or marketing facility where the recyclable
materials will be taken.
(i)
Such other information as the Township, in furtherance of this
article, shall deem appropriate and necessary.
(3) At the time of application, the municipal waste collector shall pay
to the Township a sum as provided for in a Schedule of Fees as adopted
by resolution by the Board of Supervisors.
B. Exhibiting of registration. Each registered hauler shall at all times
while in the process of collecting or transporting said municipal
waste or recyclables have and display in a proper matter a valid registration
sticker and shall exhibit the same, on demand, to the enforcement
officer or to any police officer of the Township.
C. Schedules and areas of operation. The registered hauler shall advise
the Township of its current rates schedule, its intended areas of
operation in the Township by streets, the terms of service, and the
scheduled days and hours of collection in different areas of the Township
and of any changes to the collection program.
D. Transportation of municipal solid waste.
(1) Any person transporting municipal solid waste within the Township
shall prevent or remedy any spillage from vehicles or containers used
in the transport of such municipal solid waste. The registered haulers
shall collect refuse in vehicles which are suitable for such collection,
which are dedicated for use in performance of such collection, and
which bear prominent legible marking, signs, or decals identifying
them as being municipal solid waste collection vehicles, and stating
the name and phone number of the registered hauler. The vehicles shall
be securely covered, watertight, strongly built, and kept thoroughly
cleaned and well maintained. Except for rolloffs, open trucks or trucks
covered with tarps will not be used for the collection of municipal
solid waste. Open trucks may be used for the collection of bulk waste,
provided the truck is tarped.
(2) Collection vehicles shall display a valid Pennsylvania vehicle registration
sticker, and be in condition and in compliance with the minimum safety
and sanitary regulations of the Commonwealth of Pennsylvania.
(3) The Township, or its designated agent, shall have the authority to
inspect the vehicles used for the transport or municipal solid waste
as it deems necessary to determine compliance with this article or
any other ordinance, resolution, and/or regulation of the Township.
The registered hauler shall correct deficiencies immediately upon
notification by the Township, or its designated agent, and said vehicle
shall not be used for refuse collection until the deficiencies have
been corrected.
E. Granting, suspension or revocation of license. The Board of Supervisors
of Schuylkill Township shall have the right to refuse issuance of
a registration to any municipal waste collector or to revoke or suspend
a license previously issued or refuse to renew the same if said municipal
waste collector, his or its agents, or employees fail to comply with
any provision of this article or of any regulation adopted by the
Board of Supervisors. It shall be unlawful and a violation of this
article and grounds for the suspension or revocation of a registration
or the denial of a renewal registration for any municipal waste collector
to:
(1) Collect or transport any municipal waste, recyclable materials or leaf waste from any resident failing to source-separate said materials in violation of Article
I, Recycling, and regulations adopted by Schuylkill Township.
(2) Commingle any designated separated recyclable materials or leaf waste
collected within the Township with any municipal waste.
(3) Fail to provide for the proper disposition of any municipal waste,
recyclable materials or leaf waste collected or transported within
the Township.
(4) Load or operate any vehicle within the Township, or transport municipal
waste, recyclable materials or leaf waste within the Township, in
such a manner as to allow municipal waste, recyclable materials or
leaf waste to fall upon the public roads or upon land abutting the
public roads in the Township.
(5) Fail to replace the containers with their lids or covers in place
at the location of collection in an orderly manner.
(6) Collect or transfer municipal waste, leaf waste or recyclable materials
between the hours of 8:00 p.m. and 6:00 a.m. on any day or otherwise
create a public nuisance.
The collection of municipal waste and recyclable materials by
municipal waste collectors shall be made in compliance with the rules
and regulations adopted by the Board of Supervisors of Schuylkill
Township to carry out the intent and purpose of this article. Such
rules and regulations shall be approved by resolution of the Board
of Supervisors and, when so approved, shall have the same force and
effect as the provisions of this article. Said rules and regulations
may be amended, modified or repealed by resolution of the Board of
Supervisors.
It shall be the duty and responsibility of every owner of property
and every person occupying a dwelling unit, premises, or place of
business within the Township where municipal solid waste is produced
and is accumulated to pay a service fee for the collection and disposal
of this waste, except as otherwise provided by this article, to a
registered hauler, exclusive contractor or to the Township. A registered
hauler, exclusive contractor, or the Township may discontinue service
for nonpayment of service fees by a resident, commercial, industrial,
or institutional establishment. To discontinue residential service,
the customer shall be in arrears a minimum of 90 days and shall have
received during this period a minimum of two written notices from
the registered hauler regarding the amount due and the procedures
for payment. The second notice shall be sent by certified mail. At
the time of discontinuance of service, the customer shall be considered
in violation of this article. Discontinuance of service due to nonpayment
of service fees shall not relieve the resident or establishment from
abiding by all of the requirements of this article. The Township,
or its designated agent, registered hauler or exclusive contractor
may impose an administrative fee to reinstate customers whose service
is discontinued.
A. Service charges. The cost of such residential or commercial municipal
solid waste collection service, and the responsibility of payment
therefor, shall be borne by the owner of the premises from which said
municipal solid waste is collected or upon which premises said refuse
is accumulated and disposed of. No agreement between an owner and
occupant or other person shall relieve the owner of any premises from
liability for payments as set forth hereinafter.
B. Charges to be established by resolution. All service fees established
under an exclusive contract for the collection of municipal solid
waste by the Township shall be established by a resolution of the
Township Board of Supervisors. Service charges so established shall
be reviewed at least annually and adjusted as necessary to insure
that all costs involved in the collection and disposal of municipal
solid waste under the exclusive contract, including the administrative
costs of the Township, or its designated agent, are covered by the
service charges.
The terms and provisions of this article are to be liberally
construed, so as to best achieve and effectuate the goals and purpose
hereof.