[Ord. 2004-353, 9/2/2004]
This chapter shall be known as the "Cranberry Township Municipal
Solid Waste Ordinance."
[Ord. 2004-353, 9/2/2004]
The Township hereby establishes a program for municipal solid
waste management and the mandatory separation of recyclables and yard
waste from municipal waste which will be collected for disposal from
residential dwellings, and commercial, industrial, and institutional
establishments.
[Ord. 2004-353, 9/2/2004]
1. It is the intent and purpose of this chapter to promote the public
health, safety and welfare, and to eliminate public health hazards,
environmental pollution, and economic loss associated with municipal
solid waste accumulated or stored upon any property within the Township.
2. Cranberry Township, recognizing that the reclamation of recyclable
materials and the composting of yard waste has become an important
method for addressing the growing solid waste disposal problem through
conservation of landfill space, preservation of natural resources,
and a reduction in energy consumption, does hereby authorize the storage,
collection, transportation and processing of municipal solid waste,
recyclable materials and yard waste in accordance with the provisions
of the Municipal Waste Planning, Recycling and Waste Reduction Act,
Act of July 28, 1988, P.L. 528, No. 101 ("Pennsylvania Act 101"),
53 P.S. § 4000.101 et seq., the Butler County Solid Waste
Management Plan, and this chapter.
3. This chapter is intended to be an integral part of an overall system
designed to facilitate recycling and waste minimization and foster
the cooperation of the residents and businesses by providing that
all residential, commercial, industrial, and institutional waste shall
be collected, transported, and disposed of within the following conditions:
A. For the purpose of municipal waste, source-separated recyclables
and yard waste collection, all developed residential properties, except
as exempted herein, shall be served by a licensed hauler through an
exclusive contract with the Township to the extent provided by this
chapter and all commercial, industrial and institutional establishments
shall be served by a licensed hauler with which they contract directly.
B. Haulers collecting municipal solid waste, source-separated recyclables
and yard waste shall be licensed with the Commonwealth of Pennsylvania
and/or Butler County.
C. All municipal solid waste shall be disposed of at a facility designated
in the Butler County Municipal Solid Waste Management Plan and in
accordance with state, federal, and county laws and ordinances.
D. Source-separated recyclables and yard waste shall be managed in accordance
with Pennsylvania Act 101 and the Butler County Municipal Solid Waste
Management Plan and shall not be collected and removed for disposal
at a landfill.
4. These conditions are established to ensure Township compliance with
Pennsylvania Act 101, 53 P.S. § 4000.101 et seq., and the
Butler County Municipal Solid Waste Management Plan.
[Ord. 2004-353, 9/2/2004]
The Township hereby establishes an education program for municipal
solid waste management, recycling and composting in accordance with
the provisions of Pennsylvania Act 101, 53 P.S. § 4000.101
et seq., and this chapter. Educational materials and presentations
shall be designed to increase the participation of both residents
and business; to meet the recycling rates and goals established by
the commonwealth; and to encourage waste minimization and pollution
prevention within the Township.
[Ord. 2004-353, 9/2/2004]
BACKYARD COLLECTION
Collection of municipal solid waste from residential properties
at a location other than curbside.
BAG
Plastic sacks designed for municipal waste with sufficient
wall strength to maintain physical integrity when lifted by the top,
with a capacity not to exceed 32 gallons and a loaded weight not to
exceed 25 pounds.
BASE COLLECTION RATE
The monthly cost per residential unit for garbage collection
service, which includes the collection of recyclables and yard waste.
CART
The ninety-six-, sixty-four- and thirty-five-gallon wheeled
container, owned and provided by the Township, which is capable of
being mechanically unloaded into the contractor's collection
vehicles.
CLEAR GLASS
Empty bottles, jugs and jars made of clear glass. Expressly
excluded are broken glass, noncontainer glass, plate glass, automotive
glass, safety glass, light bulbs and porcelain and ceramic products.
COLORED GLASS
Empty bottles, jugs and jars made of green or brown glass.
Expressly excluded are broken glass, plate glass, automotive glass,
safety glass, light bulbs, porcelain and ceramic products, and glass
of any other than green or brown color.
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
and townhouses of greater than four units, not individually owned,
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. The term
does not include properties where the primary permitted use is residential
and an accessory use is commercial (i.e., home occupations).
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by a municipality, or
conducted within a municipality and sponsored privately, that will
be attended by 200 or more individuals per day, which include, but
are not limited to, fairs, bazaars, socials, picnics and organized
sporting events.
COMPOSTING
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
COMPOST BAG
A paper bag specifically designed to hold yard waste, the
material to be biodegradeable and compatible with composting facilities.
A compost bag shall hold no more than 50 gallons when full and weigh
no more than 40 pounds when filled.
CONSTRUCTION DEBRIS
Waste building materials resulting from construction, remodeling,
repair or demolition operations.
CONSTRUCTION AND DEMOLITION WASTE
Lumber, roofing material, sheathing, rubble, broken concrete,
macadam, plaster and brick, conduit, pipe, insulation, and other material
which results from a construction, demolition, or remodeling process.
CONTAINER
A metal or plastic receptacle used for garbage, yard waste
and/or recyclables collection and be rodent and insect proof.
CONTRACTOR
The individual, firm, partnership, joint venture, corporation,
or association performing refuse collection and disposal under contract
with the Township.
CURBSIDE
From any structure, a point at the side of a Township- or
state-maintained roadway abutting the property, or from a structure
abutting a private roadway, a point at the side of the private roadway,
provided the property owner has issued a waiver for collection vehicles
to travel along the roadway for collection.
CURBSIDE RECYCLING
Recycling services generally provided to single-family structures
and individually owned units in multifamily dwellings. Recyclables
are placed by customers at curbside locations for collection.
CUSTOMER
The owner of any residential, commercial, industrial, or
institutional property located within the Township.
DISPOSAL
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air, or is discharged to the waters of this commonwealth.
DISPOSAL SITE
A refuse depository for the processing or final disposal
of refuse including but not limited to sanitary landfills, transfer
stations, incinerators, and waste processing separation centers, licensed,
permitted or approved by all governmental bodies and agencies having
jurisdiction.
DESIGNATED AGENT
An agent such as the council of governments, or a municipal
authority, acting on behalf of a municipality or county whose powers
and responsibilities are established in an intergovernmental agreement
or similar document.
DWELLING UNIT
One or more rooms on premises which have cooking facilities
and are arranged for occupancy by one person, two or more persons
living together, or one family. Each dwelling unit within a noncommercial
building shall be considered an individual customer.
EXCLUSIVE CONTRACT
An agreement entered into by Cranberry Township, or its designated
agent, with a private person or corporation for the collection and
disposal of all residential municipal waste within Cranberry Township.
FARM
A single parcel of land of at least 10 acres, which is used
for normal agricultural purposes, including barns, greenhouses, and
not more than three single-family dwelling units.
FOOD WASTE
Vegetable and other food scraps, including meat, dairy products,
grease and bones; paper which has been contaminated with food, fat
or grease; and compostable paper including paper towels, paper plates,
tissue and waxed paper.
GARBAGE
All discarded putrescible waste matter but not including
sewage or sewage sludge, human excrement or yard waste.
GENERATOR
A person or municipality that produces or creates municipal
waste.
HAZARDOUS WASTE
Waste designated as "hazardous" by the United States Environmental
Protection Agency or the Pennsylvania Department of Environmental
Protection.
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.
LICENSED HAULER
A person who has obtained a license from the Commonwealth
of Pennsylvania and/or from Butler County or its designee. Said licenses
will be issued under the Waste Transportation Safety Act (Pennsylvania
Act 90), 27 Pa.C.S.A. § 6201 et seq., and the Municipal
Waste Planning, Recycling, and Waste Reduction Act (Pennsylvania Act
101), 53 P.S. § 4000.101 et seq., 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.
MARKET
The transfer of ownership of recyclable materials for the
purpose of recycling the materials into a new product or use.
MUNICIPAL WASTE
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, 35 P.S. § 5018.101
et seq., 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.
MUNICIPAL WASTE DISPOSAL TAG
A tag(s) sold by the Township, or its authorized agent, to
be used to provide for the curbside collection of certain municipal
waste items. The tag shall be of different color and appearance and
vary in cost to distinguish which tag should be attached to a specific
municipal waste item. The cost of a tag shall be determined from time
to time by resolution of the Board of Supervisors.
MUNICIPAL WASTE LANDFILL
A facility using land for disposing of municipal waste. The
facility includes land affected during the lifetime of operations,
including, but not limited to, areas where disposal or processing
activities actually occur, support facilities, borrow areas, offices,
equipment sheds, air and water pollution control and treatment systems,
access roads, associated on-site and contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a construction/demolition waste
landfill or a facility for the land application of sewage sludge.
MUNICIPAL WASTE MANAGEMENT PLAN
A comprehensive plan for an adequate municipal waste management
system in accordance with 25 Pa.Code, Chapter 272, Subchapter C (relating
to municipal waste planning).
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.
PROCESSING
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities
and resource recovery facilities.
RECYCLABLES
Residential properties, this shall include mixed wastepaper,
including office paper, junk mail and envelopes, corrugated and cardboard
materials, newspapers, magazines, telephone books, bimetal and aluminum
cans and lids, clean aluminum foil and foil products, clear glass
and colored glass and plastics No. 1 through No. 6. For commercial,
industrial, institutional and community activities recyclables shall
include corrugated cardboard, high-grade office paper and aluminum
cans.
RECYCLE OR RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
RECYCLING FACILITY
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities.
REFUSE
Discarded waste materials in a solid or semi- liquid state,
consisting of garbage, rubbish or a combination thereof.
RESIDENTIAL UNIT
A group of rooms located within a building and forming a
single inhabitable unit with facilities that are used or are intended
to be used for living, sleeping, cooking and eating. Buildings are
included that contain four or less separate or contiguous single-family
dwelling units with each unit to be treated separately for purposes
of billing, or multifamily dwelling units of five or more dwelling
units that are separately owned.
RESIDENCE, RESIDENTIAL
Any house, dwelling, multi unit residence, apartment house,
or any building put to residential use except mixed use buildings.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid, or contained gaseous materials
resulting from industrial, mining, and agricultural operations and
any sludge from an industrial, mining, or agricultural water supply
treatment facility, wastewater treatment facility, or air pollution
control facility, provided that it is not hazardous. The term shall
not include coal refuse as defined in the Act of September 24, 1968
(P.L. 1040, No. 318), known as the Coal Refuse Disposal Control Act,
52 P.S. § 30.51 et seq. The term shall not include treatment
sludge from coal mine drainage treatment plants, disposal of which
is being carried on pursuant to and in compliance with a valid permit
issued pursuant to the act of June 22, 1937 (P.L. 1987, No. 394),
known as the Clean Streams Law, 35 P.S. § 691.1 et seq.
(Pennsylvania Act 101, § 103, 53 P.S. § 4000.103).
STRUCTURE
All single-family homes, and multifamily dwellings of four
units or less as well as multifamily dwellings of more than four units
that are separately owned.
TOWNSHIP
The governmental jurisdiction and legal entity of Cranberry
Township, Butler County, Pennsylvania.
UNACCEPTABLE WASTE
The following categories of materials are considered unacceptable
for collection and disposal as municipal solid waste:
C.
Unsterilized or unprocessed infectious or pathological waste.
F.
Explosives and ordnance materials.
G.
Liquid waste (i.e., containing less than 20% solids by weight
or flowable).
H.
Drums, barrels, and buckets unless lids have been removed and
interiors cleaned and free of any residue.
J.
Any solid waste generated outside of the Township.
K.
Automotive parts, including tires.
YARD WASTE
Plant material (leaves, grass clippings, branches, brush,
flowers, roots, wood waste, etc.); debris commonly thrown away in
the course of maintaining yards and gardens, yard waste does not include
loose soils, sod; food waste, including from gardens or orchards;
food compost; plastics and synthetic fibers; lumber; any wood or tree
limbs over four inches in diameter; human or animal excrement; noxious
weeds and soil contaminated with hazardous substances.
YARD WASTE COMPOSTING FACILITY
A facility that is used to compost leaf waste, or leaf waste
and grass clippings, garden residue, tree trimmings, chipped shrubbery
and other vegetative material. The term includes land affected during
the lifetime of the operation including, but not limited to, areas
where composting actually occurs, support facilities, borrow areas,
offices, equipment sheds, air and water pollution control and treatment
systems, access roads, associated on-site or contiguous collection
and transportation activities, and other activities in which the natural
surface has been disturbed as a result of or incidental to operation
of the facility.