[Adopted 3-14-1990 by Ord. No. 90-2 (Ch. 20, Part 3 of the
1994 Code)]
A.
The Commonwealth of Pennsylvania has enacted Act 101 of 1988, (the
Municipal Waste Planning, Recycling and Waste Reduction Act[1]). Each municipality has the authority and duty to assure
proper and adequate transportation, collection and disposal of municipal
solid waste which is generated or present within its boundaries and
to adopt and implement programs for the collection and recycling of
source-separated recyclable materials as provided in the act.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B.
Spring Garden Township believes that the reduction of the amount
of solid waste and conservation of recyclable materials is an important
public concern and is necessary to implement the requirements of Pennsylvania
Act 101, the Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988 and the York County Solid Waste Management Plan. The separation
and collection of used newspaper, paper, cardboard, glass, plastics,
cans and leaf waste for recycling from the residential, commercial
and institutional establishments in this Township will minimize the
adverse environmental effects of landfilling by reducing the need
for landfills and conserving existing landfill capacity; facilitate
the implementation and operation of other forms of resource recovery
called for by the York County Solid Waste Management Plan; conserve
natural resources; and hopefully help control the escalating costs
of solid waste disposal generally.
C.
As a goal, the Township will endeavor to recycle 25% or more of its
municipal solid waste by January 1, 1997.
[Amended 12-14-1994 by Ord. No. 94-5]
For the purpose of this article, the following terms, phrases
or words shall have the meaning ascribed to them in this section,
except where the context in which the word is used clearly indicates
otherwise.
Empty all-aluminum, aerosol and nonaerosol beverage and food
containers.
Aerosol and nonaerosol food or beverage containers consisting
of all steel or of ferrous sides and bottom and an aluminum top (sometimes
called "tin" cans).
All corrugated or other cardboard normally used for packing,
mailing, shipping or containerizing goods, merchandise or other material,
but excluding plastic, foam, or wax-coated or soiled cardboard.
That individual, partnership, firm, corporation or business
entity designated by the Township by means of an independent contract
as the person having the exclusive right and privilege to collect,
haul, carry or remove municipal solid waste and/or recyclable materials
from dwelling units and small commercial establishments within the
Township.
Those properties used primarily for business purposes. Small
commercial establishments are those that have a low volume of solid
waste and utilize the Township-contracted solid waste and recycling
service. Large commercial establishments are those with large volumes
of solid waste who contract privately for solid waste and recycling
services.
Events sponsored in whole or in part by a municipality, or
conducted within a municipality 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.
[Added 6-12-2013 by Ord. No. 2013-05]
A microbial degradation of organic waste to produce a relatively
nuisance-free product of potential value as a soil conditioner.
A building used for residential living quarters for one or
more families except hotels, motels, rooming houses, convalescent
homes and tourist homes or other accommodations used for transient
occupancy.
A building or portion thereof arranged or designed for occupancy
by not more than one family for living purposes and having cooking
facilities.
All empty bottles and jars made of clear, green or brown
glass, but not including noncontainer glass, light bulbs, window or
door plate glass, mirrors, porcelain and ceramic products.
Shall include paper items generated primarily by offices
and/or commercial establishments. This may include colored or white
computer paper, copier paper, typing paper, letterhead paper, note-pad
paper and other similar office paper.
Those facilities that house or serve groups of people, such
as hospitals, schools, colleges and nursing homes.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
Printed matter consisting of usually glossy pages bound in
some fashion containing miscellaneous written pieces published at
fixed or varying intervals, excluding all other paper products of
any nature whatsoever.
Any property having three or more dwelling units per structure.
Any public facility operated by the Township or other governmental
or quasi-governmental authority.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and other matters
of public interest, inserts included with newspapers, not including
magazines and periodicals and not including high-grade office paper.
Any individual, partnership, firm, corporation, associations,
institution, cooperative enterprise, municipality, municipal authority,
federal government institution or agency, state institution or agency
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties. It shall also mean owner, lessee
or occupant of a residential dwelling, commercial establishment or
institutional establishment. In any provision of this article prescribing
a fine, imprisonment or penalty, or any combination thereof, the term
"person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
Empty and clean plastic bottle, jug or jar, most commonly,
but not limited to, plastic containers used to hold food, beverages,
household cleaning products and personal care products.
[Amended 6-12-2013 by Ord. No. 2013-05]
Those materials which may be processed or refabricated for
reuse and which are specified by the Township for separation from
the regular solid waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastic and other materials which
would otherwise be disposed of or processed as municipal solid waste.
The plastic container provided by Spring Garden Township
for the express purpose of storing recyclable materials for collection
by the Township's collector.
Any occupied single-family, two-family or multifamily dwelling
property for which the Township provides municipal solid waste collection
service.
Garbage, trash, ashes, refuse and other discarded solid materials
whose original purpose has been completed.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
Spring Garden Township, York County, Pennsylvania, or its
authorized representative or representatives.
[Amended 6-12-2013 by Ord. No. 2013-05[1]]
There is hereby established in the Township a mandatory source-separation
and collection program for recyclable materials from garbage. All
persons, including but not limited to residential dwellings, commercial
establishments, institutional establishments and municipal establishments
are required to recycle and separate for separate collection all recyclable
materials and leaf waste from garbage. Any nonresidential dwelling
not using the contractor selected by the Township shall independently
contract with a hauler for the collection of recyclables as provided
herein.
[Amended 12-14-1994 by Ord. No. 94-5]
A.
Recyclable materials for residential dwellings and small commercial
establishments are aluminum cans, bimetal or steel cans, clear and
colored glass containers, plastic containers, newspaper and magazines.
B.
Recyclable materials from residential dwellings and small commercial
establishments shall be placed in recycling bins either at the public
street or alley edge where solid waste is normally placed but separate
from solid waste for collection.
C.
At such times and dates as may be established by the Township, recyclable
materials for residential dwellings and small commercial establishments
shall be collected once every week unless the collection day is one
of the following holidays, in which case the collection that day will
be omitted: New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, Christmas Day.
D.
Recyclable materials for residential dwellings and small commercial
establishments shall be prepared for collection as follows:
(1)
All newspaper and magazines shall be placed in brown paper bags or
tied with string in bundles not exceeding 35 pounds in weight nor
exceeding one foot in thickness.
(2)
Glass and plastic containers shall have caps and lids removed and
discarded and then should be rinsed free of contaminates.
(3)
Aluminum cans and bimetal or steel cans should be rinsed free of
contaminates.
(4)
Glass and plastic containers, aerosol cans, aluminum cans and bimetal
or steel cans shall be placed in the bin or bins provided by the Township.
No solid waste shall be placed in the recycling bin.
(5)
No recyclable materials shall be placed at the street or alley side
earlier than 7:00 p.m. the evening of the day preceding a scheduled
collection day. Recyclable materials must be placed by 7:00 a.m. on
the scheduled collection day. The bundled newspapers, magazines and
the recycling bins containing glass and plastic containers and cans
shall be placed at the street or alley side for collection adjacent
to one another and clearly separated from containers of solid waste.
Instead of having each dwelling unit use a separate recycling
bin, the owners landlord or agent of an owner or landlord of multifamily
dwelling properties may establish a centralized collection system
for recyclable materials at each structure upon written approval of
the Township Manager. Recyclable materials for multifamily-dwelling
properties are the same as those of other residential dwellings. The
collection systems must include suitable containers for collecting
and sorting materials, easily accessible locations for the containers,
and written instructions to occupants concerning the use and availability
of the collection systems. Owners, landlords, and agents who comply
with this section shall not be liable for noncompliance of occupants
of their buildings.
[Amended 10-12-2016 by Ord. No. 2016-08]
A.
Large commercial, institutional and municipal establishments shall
separate and store recyclable materials until collection. These establishments
shall arrange for the transfer of recyclable materials to a recycling
system or recycling facility.
B.
All large commercial, municipal, and institutional establishments
are required to recycle the following materials in accordance with
Act No. 1988 - 101, known as the "Municipal Waste Planning, Recycling
and Waste Reduction Act" (the Act):[1]
(1)
Aluminum cans.
(2)
Steel cans.
(3)
Cardboard.
(4)
Office paper.
(5)
Newsprint.
(6)
Plastics.
(7)
Glass (clear and/or colored).
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
C.
All large commercial, municipal, and institutional establishments
are required to report to Spring Garden Township the amount of waste
generated as well as recycling data for all recycled materials for
the previous calendar year as per Spring Garden Township's Commercial
Recycling Report and in accordance with the Act. The Commercial Recycling
Report is due to the Township by January 15 of every year.
A.
All persons who reside in residential dwellings and all persons responsible
for the management or operation of multifamily-dwelling properties,
commercial, municipal and institutional establishments who gather
leaf waste shall source-separate all leaf wastes and place them for
collection in the fall of the year in a pile or row in the street
(not in the traffic lanes but about one foot out from the edge of
any existing curbing). This will allow safe passage of vehicles and
allow proper stormwater drainage. Collection will be done by the Township
on a scheduled basis during the fall of each year.
B.
This section shall not require any person to gather leaf waste or
prevent any person from utilizing leaf waste for compost, mulch or
other legal agricultural, horticultural, gardening or landscape purposes.
The Township may enter into a collection contract with a collector
for collection of all or part of recyclable materials from the Township.
No person other than the Township-designated collector shall
collect or pick up or cause to be collected or picked up any recyclable
material from residential dwellings and small commercial establishments
that has been placed for curbside pickup within the Township or dispose
of the same in any manner. Each such collection or pickup in violation
hereof shall constitute a separate and distinct offense punishable
as hereinafter provided.
A.
It shall be unlawful for:
(1)
Any person to violate or to cause or to assist in the violation of
any provision of this article or any provision of Pennsylvania Act
101 concerning recycling.
(2)
Any person to place or to cause to be placed any material other than
a designated recyclable in a recycling bin.
(3)
Any person to hinder, to obstruct, to prevent or to interfere with
the Township or designated collector in the performance of any duty
under this article or in the enforcement of this article.
(4)
Any person to cause or to allow their pets to cause recyclable materials
to be scattered or spilled from recycling bins or bundles that have
been placed for collection.
(5)
Theft of recycling bins.
(6)
Willful damage to and/or unauthorized use of recycling bins.
The Township or, at the direction of the Township, the designated
collector collecting solid waste generated within the Township may
refuse to collect solid waste from any person who has clearly failed
to source-separate recyclables designated under an applicable section
of this article.
Notwithstanding anything herein to the contrary, any resident
of the Township may donate or sell any recyclable material to any
other person; provided, however, that the person receiving the recyclable
material does recycle it and does not under any circumstances collect
the donated or sold recyclable material from the curbside. All recycling
bins and newspaper bundles placed at the curbside are deemed to be
containing recyclable materials intended for the Township-designated
collector.
A.
Nothing contained in this article shall be construed to interfere
with or in any way modify the provisions of any existing contract
which is consistent with the laws of the Commonwealth of Pennsylvania
and in force in the Township on the effective date of this article.
B.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this article unless such renewal
or such contract shall conform to the requirements of this article.
Any person who fails to comply with any provision of this article
shall, upon conviction, be fined not less than $25 or more than $600
and costs of prosecution and, in default of payment thereof, shall
be imprisoned not more than 30 days. Each continuing day of violation
of this article shall constitute a separate offense.
This article shall take effect April 1, 1990.
