[HISTORY: Adopted by the Board of Supervisors of the Township
of Silver Spring 3-25-2015 by Ord.
No. 1-2015. Amendments noted where applicable.]
This chapter shall be known as the "Silver Spring Township Solid
Waste and Recycling Ordinance."
The purpose of this chapter is to protect the health, safety
and welfare of the residents of the Township of Silver Spring by regulating
the collection, storage, transportation, removal, recycling, dumping,
depositing and disposal of solid waste materials generated within
the Township by:
A.
Instituting a comprehensive residential solid waste management program;
and
The following words, terms and phrases, when used in this chapter,
shall have the meanings as set forth in this section, unless the context
in which such word, term or phrase is used clearly indicates otherwise:
The lightweight ductile and malleable metallic substance
or element commonly known as "aluminum" and shall include all empty
aluminum food and beverage cans, except aluminum foil, trays, plates
and miscellaneous aluminum products.
The residue from the burning of wood, coal, coke or other
combustible materials.
All food and beverage containers consisting of a steel (ferrous)
cylinder and bottom and an aluminum top.
The duly elected or appointed Supervisors acting on behalf
of the Township as the Board of Supervisors.
Those properties used primarily for commercial or industrial
purposes, excluding, however, those establishments which are institutional
or municipal, as hereinafter defined. In addition, "commercial establishment"
shall include multifamily rental housing properties with four or more
units.
Events that are sponsored in whole or in part by the Township,
or conducted within the Township and sponsored privately, which include,
but are not limited to, fairs, bazaars, socials, picnics, craft fairs,
and organized sporting events that will be attended by 200 or more
individuals per day.
The individual, partnership, firm, corporation or other business
entity designated by the Board of Supervisors by means of a contract
as the person having the exclusive right and privilege to collect,
haul, carry, remove and dispose of all garbage, trash, ashes, rubbish,
refuse and recyclable materials from residential establishments within
the Township.
Layered paper or cardboard constructed into parallel grooves
and ridges, commonly referred to as "cardboard," which is used for
wrapping, packing, shipping and/or storage.
A building used for residential purposes, except hotels,
boardinghouses and lodging houses, tourist cabins, and motels.
One or more rooms in a dwelling and having a kitchen with
fixed cooking facilities arranged for occupancy by one family.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The hard, brittle, transparent or partially transparent substance
produced by the fusion of silica and silicates or sand containing
soda and lime and/or other chemicals and substances usually or conveniently
included in the manufacture of glass; and shall for the purpose of
this chapter include all materials commonly known as glass bottles
or containers. This definition includes all food and beverage containers
made of clear, brown and green, or colored glass. Excluded from this
definition are blue glass, ceramics, pottery, and flat glass commonly
known as "window" or "plate" glass.
Any chemical, compound, mixture, substance or article, which
is designated by the United States Environmental Protection Agency
or any appropriate agency of the Commonwealth of Pennsylvania to be
"hazardous," as that term is defined or pursuant to federal or state
law.
High-density polyethylene.[1]
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, child day-care centers,
libraries and nonprofit associations.
Leaves, not including grass clippings.
The Township Manager duly appointed by the Board of Supervisors.
Includes garbage, trash, ashes, refuse and rubbish.
A residence having two or more dwelling units per structure.
Public facilities operated by the Township of Silver Spring
and other governmental and nongovernmental authorities.
The Township of Silver Spring, Cumberland County, Pennsylvania.
Paper made from wood pulp and/or other fibrous materials
mixed together, either with or without chemicals, to produce thin
sheets of the products customarily and primarily used for the production
of newsprint.
The actual owner of a dwelling as indicated in the real estate
records of the County of Cumberland.
Any individual, partnership, corporation, association, institution
or cooperative enterprise. In any provisions of this article prescribing
a fine, imprisonment or penalty, or any combination of the foregoing,
the term "person" shall include the officers and directors of any
corporation or other legal entity having officers or directors.
Polyethylene terephthalate.
A class of synthetic organic compounds capable of being molded,
extruded, cast or otherwise fabricated into various shapes. It shall
include No. 1 through No. 7 plastic containers. Plastic bags are not
permitted.
Any facility maintained for the purpose of storing, preparing
and/or consolidating recyclable materials for sale.
Includes metal, glass, plastic and cardboard, as follows:
aluminum beverage cans; steel food and beverage cans, aerosol cans,
and paint cans; clear, brown, blue and green glass food and beverage
containers; plastic materials labeled No. 1 through 7; cardboard,
all sizes of cardboard boxes, food boxes, newspapers and inserts,
food and drink cartons.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The separation, collection, recovery and sale or reuse of
metals, glass, leaf waste, plastics and other materials, which would
otherwise be disposed or processed as solid waste, or the mechanized
separation and treatment of solid waste (other than through combustion)
and creation and recovery of reusable materials other than as a fuel
for the generation of energy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following services to be performed by the contractor:
(1) collection and conveyance of recyclable materials; (2) processing
of recyclable materials as applicable; and (3) marketing of the recyclable
materials.
All putrescible and nonputrescible solid wastes (excluding
body wastes), but including garbage, rubbish, ashes and street cleanings.
Any occupied single-family or multifamily dwelling, except
multifamily dwellings with four or more units.
Garbage, ashes, refuse, rubbish, trash and other nonsewage
or nonwastewater waste materials normally generated in domestic family
living but shall exclude hazardous waste and leaf waste.
Nonputrescible solid waste (excluding ashes), consisting
of both combustible and noncombustible waste, such as paper, cardboard,
cans, grass clippings, wood, glass, bedding, crockery and similar
materials.
Refuse, rubbish, garbage, ashes, trash and any other nonsewage
or nonwastewater waste materials, excluding hazardous waste and leaf
waste.
Recyclable materials that are separated from solid waste
at the point of origin for the purpose of recycling.
Empty, all-steel (ferrous) beverage and food containers.
The Township of Silver Spring.
Garden residues, shrubbery and tree trimmings and similar
material but not including grass clippings.
There is hereby established a program for the mandatory source
separation of recyclable materials from solid waste by persons located
in Silver Spring Township.
A.
Residents of residential establishments are hereby required to separate
all recyclable materials as specified by the Township from other solid
waste generated at their homes, apartments and other residential establishments
and to store such materials in compliance with Township ordinances
until collection.
B.
Recyclable materials from residential establishments shall be placed
at the curb or other similar area, separate from other solid waste,
for collection at such times as established by the contract with the
contractor, which shall be at least once each week.
A.
Commercial, institutional, municipal establishments, and community
events are hereby required to separate all recyclable material as
specified by the Township from solid waste and to store such materials
in compliance with Township ordinances until collection.
B.
The owner, landlord or agent of an owner or landlord of multifamily
rental housing properties with four or more units shall comply with
its responsibilities under this section by establishing a collection
system for recyclable materials at each property. The collection system
must include suitable containers for collecting and sorting materials,
easily accessible locations for the containers, and written instructions
to the occupants concerning the use and availability of the collection
system. Owners, landlords and agents of owners or landlords who comply
with this section shall not be liable for noncompliance of occupants
of their buildings.
C.
The Township shall exempt persons occupying commercial (including
multifamily rental housing properties with four or more units), institutional
and municipal establishments within its boundaries from the requirements
of the curbside recycling program if those persons have otherwise
provided for the recycling of materials required to be recycled in
accordance with this section.
D.
All commercial, institutional, and municipal establishments shall
report to the Township on an annual basis, on or before the 30th day
of January of the following year, the amount of materials recycled
(the "recycling report"). The recycling report shall be submitted
on a form prescribed by the Township.
All persons who reside in residential establishments who gather
leaf waste shall separate all leaf waste for recycling in the manner
prescribed by the Township unless those persons have otherwise provided
for the composting of leaf waste. All persons who are responsible
for the operation of commercial, institutional and municipal establishments
who gather leaf waste shall separate and provide for its recycling.
From the time of placement of recyclable materials at the curb
or similar area for collection in accordance with this chapter, those
materials shall become the property of the Township and the contractor.
It shall be a violation of this chapter for any person(s) not authorized
by the Township to collect or pick up or cause to be collected or
picked up any such recyclable material. Any and each such collection
in violation of this chapter from one or more locations shall constitute
a separate and distinct offense punishable as hereinafter provided.
The Township shall establish a comprehensive and sustained public
information and education program concerning recycling program features
and requirements as required by the Municipal Waste Planning, Recycling
and Waste Reduction Act, Act 101 of 1988, P.L. 556, as amended.
A.
The Board of Supervisors, after public advertisement of competitive
bids, shall designate one person, firm, partnership or corporation
as the contractor. The contractor shall have the exclusive right and
obligation to collect and haul all solid waste and recyclable materials
from all residential establishments in the Township. Commercial, institutional
and municipal establishments may contract with collectors other than
the contractor.
B.
All residential establishments shall participate individually in the contract with the contractor as provided in Subsection A of this section.
C.
It shall be unlawful for any owner or occupant of a residential establishment
to dispose of residential solid waste and recyclable materials except
by the methods prescribed by this chapter.
A.
Residential establishments. The fee for collection and disposal of
residential solid waste from residential establishments shall be fixed
by contract between the Township and contractor. The contractor shall
be solely responsible for collection of fees for service directly
from the responsible person. The contractor is hereby authorized,
on behalf of the Township, to take any and all action necessary to
collect fees for service, which said authorization shall include,
but not be limited to, the right to file on behalf of the Township
and in the name of the contractor an assumpsit action before a Magisterial
District Judge or in the Court of Common Pleas in and for Cumberland
County. In accordance with 53 P.S. § 7147, the Township
hereby assigns to the contractor any such municipal claim for outstanding
fees or service charges. In accordance therewith, the contractor shall
have and enjoy the same rights, privileges and remedies as the Township
to enforce and collect any and all fees, penalties, interest, reasonable
attorneys' fees and/or administrative service fees associated
with providing disposal service for residential solid waste and recyclables.
B.
Commercial, institutional, and municipal establishments. Fees for
collection from other than residential establishments shall be fixed
by mutual agreement of the parties and shall be paid directly to the
person making such collection.
A.
Preparation requirements. All recyclable materials shall be separated
from all other residential solid waste. All materials must be thoroughly
cleaned before placing them in the recycle container. Crush aluminum
cans and all plastics; remove caps/lids; rinse thoroughly to remove
all contaminants; remove all packaging (Styrofoam, peanuts, plastic
bubble wrap, plastic liners, etc.); flatten all boxes; bundle all
cardboard that does not fit into the recycling bin.
B.
Containers.
(1)
All recyclable materials shall be placed in a special container provided
by the contractor.
(2)
All residential solid waste, except recyclable materials, shall be
placed in containers or durable plastic bags provided by the resident.
(3)
Leaf waste and yard waste (not including grass clippings) collected
from residential establishments shall be placed in containers with
a capacity of not more than 40 gallons or biodegradable bags provided
by the resident. Shrubbery, tree trimmings, and similar materials
shall be cut in lengths not to exceed five feet and shall be securely
tied in bundles, not more than 40 pounds, and be of such size as can
be handled by a single individual.
(4)
Containers (other than containers for recyclable materials) shall
be of durable, watertight, rust-resistant materials having a close-fitting
lid with handles with a capacity of not more than 40 gallons, or durable
and watertight plastic bags, and be of such size as can be handled
by a single individual. 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.
(5)
Containers containing garbage shall be covered with a lid, which
fits securely and prevents access to rodents and insects. Plastic
bags shall be secured or tied.
(6)
It shall be unlawful to permit the accumulation of liquids or the
residue thereof, solids or a combination of such material on the bottom
or sides of containers; it being the intention of this provision that
the interior of containers shall be kept clean by thoroughly rinsing
and draining as often as necessary.
(7)
All containers shall be kept in a clean condition and shall be kept
in good condition. Any container that does not conform to this chapter
or that is likely to injure the contractor or his employees, or which
hampers the prompt collection of refuse, shall be replaced on notice.
Failure to replace such defective container may result in the termination
of service until such time as a suitable container is provided.
C.
Accumulation of residential solid waste.
(1)
No person shall place or cause to be placed any residential solid
waste upon any street, alley or other public place, or upon any private
property, whether owned by such person or not, except if it is in
proper receptacles for collection or properly bundled as herein provided
for collection.
(2)
No person shall deposit residential solid waste in any stream or
any other body of water.
(3)
No person shall maliciously spill or scatter the contents of any
waste container or plastic bag or damage or destroy any such container
or plastic bag.
(4)
No person, except the occupant of the premises on which the waste
container or plastic bag is placed or an authorized collector, shall
remove the lid of the container and/or remove the contents of such
container or plastic bag.
D.
Location of containers. Solid waste, recyclables, and leaf containers,
plastic bags, and bundles shall be placed at the curbside on public
streets in advance of the scheduled time for collection.
A.
Solid waste and recyclable materials produced in residential establishments
shall be collected at least once each week.
B.
Leaf waste (not including grass clippings) from residential establishments
shall be collected weekly during the fall months in accordance with
a schedule established by the Township.
C.
Yard waste, shrubbery, tree trimmings and similar materials from
residential establishments (not including grass clippings) shall be
collected curbside at a minimum of twice per year in accordance with
a schedule established by the Township or may be deposited at a Township-designated
site.
D.
Solid waste and recyclable materials produced in commercial, institutional
and municipal establishments shall be collected at least once each
week. If necessary to protect public health, solid waste produced
in such establishments shall be collected more frequently upon written
notification of the Manager.
A.
Trucks to be used for removal of material shall be of metal body,
securely covered, watertight, strongly built, kept thoroughly cleansed
and well-painted. Open trucks or trucks covered with tarpaulins are
not acceptable.
B.
Contractor shall handle all receptacles and containers as carefully
and quietly as possible and shall return (not throw) them to the location
where found.
C.
The Township shall have the right to inspect any collection vehicle
at any time and place while it is being used within the Township.
In addition, the contractor shall make vehicles available for inspection
whenever so requested by the Township at a specific time and place.
D.
The contractor shall collect an unlimited number of containers, plastic
bags, and bundles of the authorized size and weight from residential
establishments.
E.
The collection practices of the contractor and any other person removing
solid waste and recyclable materials from the Township shall conform
to all applicable rules and regulations of the Commonwealth of Pennsylvania,
County of Cumberland, the Township and any contract or contracts between
the parties.
F.
Special waste.
(1)
Removal of wearing apparel, bedding or other waste materials from
homes or other places where highly infectious or contagious diseases
have prevailed shall be performed under the supervision and direction
of the Manager. Such material shall not be placed for regular collection.
(2)
Highly flammable or explosive materials shall not be placed for regular
collection but shall be disposed of as directed by the Manager at
the expense of the owner or possessor thereof.
No person shall dump, bring, deposit or otherwise dispose of
garbage, ashes, rubbish or refuse of any kind or nature within the
jurisdictional limits of the Township.
The Manager shall be charged with the administration of the
provisions of this chapter and shall have authority to make rules
and regulations relating to the administration of the provisions of
this chapter in addition to any other powers herein conferred upon
him, provided that such rules and regulations are not contrary to
the provisions hereof.
This chapter shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who shall violate or permit violation of the provisions
of this chapter shall, upon conviction thereof in a summary proceeding,
be sentenced to pay a fine of not more than $1,000 plus costs of prosecution
or imprisonment for a term not exceeding 90 days. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense. Each section of this chapter
that is violated shall also constitute a separate offense.
The provisions of this chapter shall be severable, and if any
of its provisions shall be held to be unconstitutional, illegal or
invalid, such unconstitutionality, illegality or invalidity shall
not affect the validity of the remaining provisions of this chapter.
It is hereby declared to be the legislative intent that this chapter
would have been adopted and enacted as if such unconstitutional, illegal
or invalid provisions had not been included therein.
The chapter shall become effective 60 days from the date of
enactment.
Any ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
