[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manchester 3-23-1995 by Ord. No. 95-09. Amendments noted where
applicable.]
This chapter shall be known as the "West Manchester Township
Municipal Waste Collection and Disposal 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:
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than four dwelling units.
The person, corporation or partnership with whom the Township
of West Manchester shall enter into a contract for collection, transportation
and disposal of municipal waste.
A building used for residential purposes, except hotels,
apartments with more than four dwelling units, mobile homes in mobile
home parks and motels.
One or more rooms in a dwelling, which room or rooms have
fixed cooking facilities arranged for occupancy by one person, two
or more persons living together or one family.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
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. The term does not include source-separated recyclable materials.
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 chapter
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.
The Township of West Manchester, York County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
There is hereby established and reestablished in the Township
a mandatory collection, transportation and disposal program for the
collection, transportation and disposal of municipal wastes. The Township
is authorized to promulgate such rules and regulations as are necessary
to implement the collection, transportation and disposal program for
municipal waste. The Township is authorized to enter into a contract
with a contractor for the collection, transportation and disposal
of municipal waste, which contract shall contain such terms and conditions
as the Township shall deem appropriate.
On and after the effective date of this chapter, only the contractor
authorized by the Township shall collect, transport and dispose of
municipal waste from dwellings within West Manchester Township.
Each person owning or occupying a dwelling unit and each person
owning or occupying certain commercial and institutional establishments
within the Township shall have the municipal waste generated by the
dwelling unit, commercial establishment or institutional establishment
collected, transported and disposed of by the contractor in accordance
with the terms and conditions of a contract between the Township and
contractor.
A.
Each owner or occupant of a dwelling unit, commercial establishment
or institutional establishment shall provide refuse cans of durable,
watertight, rust-resistant material having a close-fitting lid and
handles to facilitate collection and having a capacity of not more
than 32 gallons. In lieu thereof, each owner of a dwelling unit, commercial
establishment or institutional establishment may use heavy-duty plastic
containers sealed and made watertight of such size as can be handled
by one person.
B.
The maximum weight of a filled container shall not exceed 50 pounds,
and the maximum weight of a filled plastic bag shall be limited to
such weight as will not cause the bag to break when lifted and carried
to contractor's equipment.
C.
Tree trimmings, hedge clippings and similar municipal waste shall
be cut in lengths not exceeding four feet and shall be securely tied
in bundles before being deposited for collection.
D.
Newspaper, magazines and other printed matter, not placed in containers
and not subject to recycling requirements, shall be securely tied
in bundles not exceeding 40 pounds in weight.
E.
All municipal waste containers or plastic bags shall be securely
covered or tied, as the case may be.
F.
Containers shall not be placed at the curbside or roadside earlier
than 5:00 p.m. the evening of the day preceding a scheduled collection
day. After collection, empty containers shall be removed from the
curbside or roadside not later than 8:00 a.m. of the day following
the day of collection.
[Amended 2-26-2009 by Ord. No. 09-04]
The contractor shall collect two containers, plastic bags or
bundles of the authorized size and weight on each collection day.
Where the contractor has not made a collection by reason of the failure
of the owner of a dwelling unit, commercial establishment or institutional
establishment to comply with the collection ordinance or regulations,
the contractor shall report the matter in writing to the Township.
The contractor shall collect municipal waste on both sides of
all public streets and highways in the Township which are maintained
and adopted by either the Township or the Commonwealth of Pennsylvania.
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 contractor shall collect municipal waste in accordance with
the terms of the contract between the contractor and Township, but
in no event less than one time per week from each dwelling unit. The
contractor shall not commence the collection of municipal waste before
the hour of 7:00 a.m., prevailing time, and shall continue collection
until all municipal waste is removed. Collection shall be completed
not later than 7:00 p.m., prevailing time. If collections are missed
on account of a holiday, the contractor shall pick up double the amount
of refuse if placed at each pickup place on the next regular collection
day.
Trucks used in making the collections shall have completely
closed bodies and shall be of such size as to be able to traverse
all streets and alleys on the regular collection routes. All such
equipment shall be approved by the Department of Environmental Resources
of the Commonwealth of Pennsylvania.
Municipal waste containers shall be picked up at the designated
places and emptied into the collection truck. No municipal waste may
be spilled on the roads and streets of the Township, and the contractor
must make every effort to prevent scattering of refuse, particularly
paper and other light material, by the wind. The contractor must take
care not to damage containers belonging to residents of the Township,
and, in the event of willful or unnecessary damage to such containers,
the contractor shall be liable for the same. The contractor shall
promptly notify the Township if any residents claim damage to containers
other than reasonable wear and tear.
The contractor shall collect and dispose of recyclable materials
in accordance with Ordinance No. 90-10 of West Manchester Township,
which ordinance was adopted by West Manchester Township on August
16, 1990.[1]
Each owner of a dwelling unit, commercial establishment or institutional
establishment within West Manchester Township shall pay to the Township
a quarterly fee for the disposal of municipal waste. The quarterly
fee charged by West Manchester Township shall be established by resolution
of the Board of Supervisors of West Manchester Township. Any quarterly
fees remaining unpaid 60 days after the due date shall be filed as
a municipal lien in accordance with the provisions of the Municipal
Lien Law. Each owner of a commercial establishment or institutional
establishment who has a private contract for the collection, transportation
and disposal of municipal waste and who does not utilize the program
established by this chapter may be relieved from the payment of the
charges and fees imposed by this chapter by applying to the Township
for a relief from the payment of the quarterly fee hereby established.
The contractor shall become the owner of the municipal waste
at such time as it is collected from each dwelling unit.
The contractor shall dispose of municipal waste only at a landfill
or incinerator owned and operated by or on behalf of the York County
Solid Waste and Refuse Authority.
The owners or occupants of residences that do not constitute
a dwelling or dwelling unit as defined in this chapter and the owners
or occupants of commercial establishments and institutional establishment
not utilizing the program established by this chapter 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 from the premises and which contract shall provide
for the disposal of the municipal waste at a landfill or incinerator
owned and operated by or on behalf of the York County Solid Waste
and Refuse Authority. A copy of the contract referred to in this section
shall be filed with the Township by the owner or occupant of the premises.
The contractor shall comply with all statutes and laws of the
Commonwealth of Pennsylvania and all ordinances of West Manchester
Township in any manner relating to the collection, transportation
and disposal of municipal waste.
[Amended 5-9-1996 by Ord. No. 96-14; 6-26-1997 by Ord. No. 97-15]
Any person who shall violate any of the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by West Manchester Township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees, incurred
by West Manchester Township. West Manchester Township police officers,
the appropriate code enforcement officers of West Manchester Township
or other appropriate officer or officers of West Manchester Township
shall have the power to enforce the provisions of this chapter. The
amount of the fine imposed for the violation of this chapter shall
be established by the officer who determines that a violation has
occurred. Notice of the violation of this chapter and the amount of
the fine imposed shall be given by personal delivery or by certified
mail to the person violating this chapter. If the person violating
this chapter fails or refuses to pay the fine imposed within the period
specified in the notice of the violation of this chapter, the Township
shall file a civil enforcement proceeding with the District Magistrate
to enforce the fine imposed.
A.
In any case where a provision of this chapter 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 people of West Manchester
Township shall prevail. In any case where a provision of this chapter
is found to be in conflict with a provision of any other ordinance
or code in West Manchester Township existing on the effective date
of this chapter which establishes a lower standard for the promotion
and protection of the health and safety of the people of West Manchester
Township, the provisions of this chapter shall be deemed to prevail,
and such other ordinance and/or codes are hereby declared to be repealed
to the extent that they may be found in conflict with this chapter.
B.
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this chapter,
which shall remain in full force and effect, and, to this end, the
provisions of this chapter are hereby declared to be severable.
This chapter shall take effect as provided by law.
