[Ord. 35, 10/1/1993, § 1]
As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- COMBUSTIBLE RUBBISH
- Paper, rags, excelsior, straw, boxes, mattresses, old shoes, leather scrap, rubber scrap, carpets, oilcloth, Christmas trees, prunings from vines, trees, shrubbery, etc., and other flammable waste materials other than those described under the terms "garbage" and "noncombustible rubbish."
- Any offal or refuse of fish, fruit, vegetables, animal matter or any other organic substance, subject to fermentation or decay, including matters liquid or solid, house and store sweepings and tin cans which contain animal or vegetable matter.
- NONCOMBUSTIBLE RUBBISH
- Glass, tinware, wire, crockery, metal, waste materials and other nonflammable refuse.
- The collection, separation, recovery and sale or reuse of metals, glass, paper and other materials which would otherwise be disposed or processed as municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
[Ord. 35, -/-/1993, § 2]
All garbage and rubbish, as herein defined, shall be gathered and removed by Manheim Township under the rules and regulations as provided herein; and the costs and expenses of the collection and removal of the garbage, rubbish, dead animals and ashes are removed, or by the person responsible for the existence of such garbage, rubbish, dead animals or ashes, shall be as provided by the schedule of fees hereinafter set forth.
In any instance where the quantity of garbage or rubbish produced at any one source shall exceed a daily average of 10 cubic yards in volume or two tons in weight, the producer of such garbage or rubbish may be permitted by Manheim Township, upon proper application, to remove such garbage and rubbish by private means without the payment of fees prescribed for such removal. Such permission for private removal may be rescinded or revoked at any time by Manheim Township with or without cause and without any liability for any loss or detriment which may be caused by such revocation. Any private removal permitted shall at all times be performed in a healthful manner and in full compliance with all sanitary and health regulations of Manheim Township.
[Ord. 35, -/-/1993, § 3]
Every resident, householder, tenant, hotel keeper, apartment house owner, duplex owner, restaurant keeper, boardinghouse keeper, wholesale and retail dealer, as well as parties or persons occupying dwellings or units thereof, including all private persons, associations and corporations, shall provide or cause to be provided and kept at all times portable metal vessels or receptacles of a capacity of not more than 30 gallons or not less than 10 gallons, or a recognized type of garbage can, to be watertight, with lids and handles, and shall further cause said vessels, receptacles and cans to be kept outside of the residence, building, apartment house, hotel, restaurant or store. Each day's accumulation of garbage placed in these cans shall be thoroughly drained by the person producing or responsible for such garbage, and shall be tightly wrapped in sufficient paper or plastic to protect it from scattering, and care taken to prevent the package from breaking open. The package and contents thereof shall all be placed wholly within the container, so that the lid can be tightly fitted. The receptacles shall be kept in the rear of the house, apartment building, storeroom, restaurant, etc., or shall be put in such places for the convenient collection of their contents prior to the time set for collection as shall be provided with the approval of Manheim Township for the collection of the same from the respective premises. At no time shall any vessels, receptacles or containers be placed or kept upon the alley, street, sidewalk or public place. Containers shall be accessible to the collector when called for, and each owner or person responsible for such garbage and/or rubbish shall provide sufficient receptacles to contain the garbage and/or rubbish.
It shall be lawful to place in the vessel or receptacle all combustible rubbish providing the can will contain it with the lid tightly closed, or the can may be placed in a separate fireproof container, packed or otherwise secured to keep the materials from being scattered.
It shall be unlawful to place or cause to be placed any garbage with ashes or receptacles containing ashes, and it shall be unlawful to place or cause to be placed any noncombustible rubbish in the garbage receptacle with the garbage.
[Ord. 35, -/-/1993, § 4]
The collectors for Manheim Township will remove promptly in as clean a manner as possible all garbage and rubbish, as well as recyclable items, and return the garbage and rubbish receptacle(s) to the premises from which removed. The collection of garbage and rubbish shall be made from every part of Manheim Township at least once in every week. Manheim Township may designate such hotels, stores, apartments or other establishments from which collection of garbage shall be made daily, excepting Sunday, or at times during the week as may be necessary.
[Ord. 35, -/-/1993, § 5]
It shall be unlawful for any person other than the owner or an officer or employee of Manheim Township, or an employee of a person, firm or corporation holding a contract with Manheim Township, to interfere in any manner with any vessel, tank or receptacle from the location where the same was placed by the owner thereof or to remove the contents from any such vessel, tank, receptacle or container. Any person violating this provision shall be subject to the penalties as hereinafter provided.
[Ord. 35, -/-/1993, § 6]
No person, firm, association or corporation except Manheim Township or its delegated collector shall be permitted to collect, carry, convey or transport through the streets, alleys or public places of Manheim Township any solid waste hereafter without being subject to the penalties provided, except such dealers in vegetables, meat, fish, fruit, oysters and the proprietors of stores and like establishments who are authorized to convey the same to an approved disposal site, in vehicles which shall be so loaded and driven that none of the contents shall fall or spill therefrom, and shall be securely covered on top, or shall be of the compactor-type so loaded and driven, with contents so contained.
[Ord. 35, -/-/1993, § 7]
All vegetable refuse and decayed fruit accumulating at grocery stores and establishments for the sale of fruits and vegetables shall be kept in closed cans which shall be removed at regular times by the municipal collectors; provided that, should the accumulation in such cases be too large or become a nuisance, it will be the duty of the dealers in the articles mentioned to deliver the same in closed cans to the disposal site, or to have the same hauled by Manheim Township's collector, at an additional cost; and Manheim Township is hereby authorized to designate the number of cans which the municipal collector shall remove for each classification or establishment, shall classify every establishment, commercial or otherwise, for the purpose of fixing rates as hereinafter provided, and shall determine the amount of garbage to be hauled, and the number of days per week or month that it will be collected, under the fee for the classification of each establishment. In the event additional collection is necessary, Manheim Township is authorized and empowered to assess an additional charge or compel the establishment to haul such excess as hereinabove provided, and a refusal shall be deemed a violation of the terms of this Part.
[Ord. 35, -/-/1993, § 8]
Whenever the amount of combustible rubbish and garbage accumulates at stores or other places, and is too large to be contained in the vessels prescribed therefor, it shall be the duty of the keeper of such store or other business establishment or building to deliver such garbage and rubbish to the disposal site at the garbage plant, or the same may be hauled by Manheim Township's collector at additional cost.
[Ord. 35, -/-/1993, § 9]
All garbage, as hereinabove defined, accumulating in fish, oyster or meat establishments or like establishments, including restaurants, hotels and boardinghouses, shall be kept in closed containers and shall be removed at the regular times by the garbage collector; provided that, should the accumulation in any such case be larger than the limit of the cans established by Manheim Township, or should the accumulation become a nuisance, it shall be the duty of those responsible to deliver such garbage in closed containers to the disposal site, or the same may be hauled by Manheim Township's collector at additional costs; provided, also, that this section shall not prohibit or interfere with the sale of animal refuse such as meat scrap, bones, fat and tallow to rendering establishments, and the same shall be kept in containers with tight-fitting lids or vehicles provided with tight-fitting lids before any accumulation shall become a nuisance.
[Ord. 35, -/-/1993, § 10]
Garbage accumulating at hotels and other large producers of same shall be kept in closed containers. Should the accumulation in such cases be larger than the limit of such quantity established by Manheim Township, or become a nuisance, it shall be the duty of the keeper of such places, or the persons, firms or associations responsible for the disposal of such garbage, to deliver the same in closed containers to the disposal site, or the same may be hauled by Manheim Township at an additional cost.
[Ord. 35, -/-/1993; as amended by Ord. 2009-2, 12/21/2009]
Each collection point within Manheim Township, as defined in the Manheim Township waste disposal contract specifications, shall be required to pay to the Township's designated waste collector a monthly, quarterly or semiannual fee for the collection, transportation and disposal of municipal waste and recycling products. This fee shall be paid regardless of the amount or type of waste and/or recyclables put out for collection. The monthly, quarterly or semiannual fee charged by the collector shall be established by a contract to be entered into between Manheim Township and the contractor pursuant to public bidding requirements. The Township accepts no responsibility whatsoever for the collection of the fee to be charged to the owner of each collection point. The contractor shall be solely responsible for the collection of the monthly, quarterly or semiannual fees.
All fees which remain unpaid 30 days after the invoice date shall be deemed delinquent. All delinquent accounts shall have added to them a late fee penalty, which shall be established from time to time by resolution of the Board of Supervisors. Thereafter, the late fee penalty shall be penalized once during each quarter the bill remains unpaid. The Township or contracting collector is authorized to waive such penalty payments in full or in part if either party believes it is in the best interests of the Township to do so.
If the owner of a collection point shall fail to pay any charges or fees after the same become delinquent, the Township's Solicitor is authorized, at the discretion of the Board of Supervisors, pursuant to the Pennsylvania Municipal Claims Act, to enter a lien against the real estate upon which the residential unit is situate in the amount of the fees and charges or aggregate of fees and charges, plus penalties, costs of entry and reasonable attorneys' fees.
If the owner of a collection point shall fail to pay any charges or fees after the same become delinquent, the Township Solicitor or contracting collector is authorized to file a civil lawsuit for the collection of fees, charges, penalties, interest and costs of collection, including reasonable attorneys' fees.
[Ord. 35, -/-/1993; as amended by Ord. 2009-2, 12/21/2009]
Manheim Township and/or its designated collector shall direct the separation by householders and other occupants of each class, subject to scheduled rates, shall enforce the maintenance of proper receptacles placed at suitable places on the premises and shall institute the prosecution of all persons, firms, associations or corporations or groups of persons violating any of the provisions of this Part, to the end that the terms of this Part shall be strictly enforced. Manheim Township and its designated collector shall have the authority to enforce the provisions of this Part as set forth in § 111. Nothing contained in this Part shall be construed to limit any other legal remedies which may be available to Manheim Township for the enforcement of the provisions of this Part.
[Ord. 35, -/-/1993, § 13]
Manheim Township is hereby authorized to make and promulgate any additional rules and regulations for the collection, removal and disposal of solid waste not in conflict with this Part, and violations of the same shall be subject to the same penalties as provided in this Part.
[Ord. 35, -/-/1993, § 14]
No person shall obstruct, delay or interfere with the garbage collectors while in the performance of their duties, or enter into any controversies with the collectors, nor shall any person violate any of the provisions of this Part with regard to the disposal of garbage, rubbish and ashes, or the containers for the same, or violate any of the provisions with respect to the collection and removal of garbage, rubbish and ashes.
[Ord. 35, -/-/1993, § 15; as amended by Ord. 46, 2/5/1998]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 35, -/-/1993, § 16]
Manheim Township hereby establishes and implements a source-separation and collection program for recyclable materials in accordance with § 1501 of the Municipal Waste Planning, Recycling and Waste Reduction Act. The source-separation and collection program shall include the following regulations:
Persons are hereby required to separate glass, aluminum, steel and bimetallic cans, newsprint materials, and plastic materials identified as recyclable by the Township's designated collector from other municipal waste generated at their homes, apartments and other residential establishments and to store such material until collection. Nothing in this Part shall be deemed to impair the ownership of separated materials by the person who generated them unless and until such materials are placed at curbside or a similar location for collection by Manheim Township or its designated collector.
[Amended by Ord. 2009-2, 12/21/2009]
Persons are hereby required to separate those materials designated herein and other material deemed appropriate generated at commercial, municipal or institutional establishments and from community activities and to store the material until collection. The Board of Supervisors of Manheim Township shall exempt persons occupying commercial, institutional and municipal establishments within its municipal boundaries from the requirements of this Part if those persons have otherwise provided for the recycling of materials they are required by this Part to recycle. To be eligible for an exemption under this subsection, a commercial or institutional solid waste generator must, annually, apply for a permit to do so, and pay a fee established pursuant to resolution, and provide written documentation to Manheim Township of the total number of tons recycled or estimated to be recycled.
With each weekly service, the following separated materials are hereby required to be placed at the curbside or a similar location in approved containers for collection by Manheim Township’s collector, and a collection charge shall be billed to each dwelling within Manheim Township according to procedures established.
[Amended by Ord. 2009-2, 12/21/2009]
Recyclable materials shall be collected from curbside or similar locations designated by resolution from each residence or other person generating municipal waste in Manheim Township.
Manheim Township shall solicit bids and award contracts for the sale of collected materials for recycling, giving preferential consideration for the collection, marketing and disposition of recyclable materials to persons engaged in the business of recycling on the effective date of this Part, whether or not the persons were operating for profit.