[Ord. 1985-2, 8/12/1985]
All domestic, commercial and industrial refuse accumulated or
stored upon any property within the Township of Smith shall be collected
and removed by a responsible person or collector under agreement with
the Township and shall be disposed in an area authorized by and approved
by the Board of Supervisors in accordance with all state regulations.
[Ord. 1985-2, 8/12/1985]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning appears clearly from the context:
residue from the burning of coal, coke or other combustible
material.
storage, collection, disposal, or handling of garbage.
place of residence within the Township of Smith of one or
more persons where refuse is generated through normal living habits.
It shall not include apartments or buildings devoted to multiple-family
occupancy.
mean all animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of foods.
person generally in possession and control of any dwelling.
any natural person, association, partnership, firm or corporation.
all solid waste, except human body wastes, including garbage,
ashes, and rubbish.
glass, metal, paper, plant growth, wood, or nonputrescible
solid waste.
any waste, including but not limited to, municipal, residual,
or hazardous wastes, including solidified liquids, semisolids, or
contained gaseous materials.
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In this Part, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and neuter.
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[Ord. 1985-2, 8/12/1985; as amended by Ord. 89-4, 12/28/1989]
1.
No person shall collect, remove, haul or convey any refuse through
or upon any of the streets or alleys of Smith Township or dispose
of the same in any manner or place without first obtaining a license,
permit, or agreement from the Township.
2.
Every person entering into such agreement and/or obtaining a permit
or license under this Section shall state the type or types of refuse
to be collected, the manner of collection, and the place and method
of disposal.
3.
No agreement nor any license or permit shall be made or issued if
the place and method of disposal shall not conform to the requirements
of this Part.
4.
No collector shall make any change in the arrangements for disposal
of refuse collected by him without first receiving the approval of
the Board of Supervisors.
5.
It shall be unlawful and be a violation of this Part to permit or,
for any collector not under agreement, permit or license with the
Township, to collect or remove garbage from any household.
6.
Any and all collectors subject to the terms and conditions of this
Part shall at all times dispose of the items collected at a duly licensed
and authorized land fill or other facility which is licensed and/or
permitted to operate as such by the Commonwealth of Pennsylvania and/or
the Department of Environmental Resources and/or any other regulatory
body of this Commonwealth. If, however, the collector uses a facility
located outside of the jurisdiction of this Commonwealth then and
in that event the collector is permitted to do so and the same shall
not be a violation of this Part if said site is duly licensed by the
jurisdiction in which it is located.
7.
The fee for a license as issued by the Township shall be $100.00
per annum, and all licenses shall be issued for the calendar year,
or such portion thereof as shall remain after the issuance thereof.
There shall be no reduction in the fee for a license issued after
the beginning of any calendar year. No license shall be granted if
the place and method of disposal shall not conform to the requirements
of this Part.
[Ord. 1985-2, 8/12/1985]
Every family or household at whose premises refuse is collected
or removed shall provide and maintain at all times, a portable metal
or plastic receptacle. The same must be watertight, equipped with
a tight fitting cover, and each receptacle shall be kept in a clean
and sanitary condition.
[Ord. 1985-2, 8/12/1985]
The contractor shall pick up all refuse on the property, in
accordance with specifications established by the Township.
[Ord. 1985-2, 8/12/1985]
The cost of weekly garbage collection shall be based on the
number and size of the containers.
[Ord. 1985-2, 8/12/1985]
The contractor shall prepare a schedule of refuse pickup for
each household on a weekly basis. The contractor shall be responsible
to notify residents of the days collections will be made.
[Ord. 1985-2, 8/12/1985]
The collector shall be permitted to collect, remove and transport
refuse on all days of the week, except Sunday and the following holidays:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day, and unless otherwise ordered, the collection
of refuse shall not commence before 6:00 A.M., and shall be completed
by 6:00 P.M., on any single day of collection. All refuse from cans
and receptacles of occupants of dwellings shall be collected, removed
and emptied by the collector at least once each week.
[Ord. 1985-2, 8/12/1985]
No refuse shall be allowed to accumulate on the ground or be
deposited on highways, vacant lots or other property nor be thrown
in any stream or other body of water.
[Ord. 1985-2, 8/12/1985]
All garbage, before being placed into receptacles for collection,
shall have drained from it, as far as practical, all free liquid.
Garbage shall be wrapped in paper or otherwise contained. Ashes shall
be placed in separate, fire resistant containers. Rubbish shall be
placed in approved containers, or cut and baled, tied, bundled, stacked
or packaged so as to be easily handled by the collector, and not to
exceed thirty-six inches (36") in length and 50 lbs. in weight.
[Ord. 1985-2, 8/12/1985; as amended by Ord. 89-4, 12/28/1989]
1.
A collector shall be allowed to use a pick-up truck for purposes
of transmittal of items collected from various points in the Township
to a central or major pick up area or location.
2.
However, said pick-up trucks must be operated in such a fashion so
as to prevent the spillage or loss of items of refuse or garbage onto
the streets, roads, or property in the Township. As to the removal
of the refuse and/or garbage that is transmitted to the central location
or site by the pick-up trucks or otherwise, the collectors shall be
required to collect and remove refuse in motor driven vehicles having
enclosed steel bodies and steel covers and water tight and nonleakable
automatic packer-type bodies, and to so conduct the collection, removal
and transportation of the refuse, under such agreement or permit,
so as to assure general cleanliness and sanitation throughout the
entire process or remaining processes and operation thereof. Said
general unit or units, as opposed to the pick-up truck, shall be equipped
with appropriate devices to handle containers having a maximum capacity
of 20 gallons. Under no circumstances shall any person be permitted
to use a pick-up truck to convey collected items to a point outside
of the boundaries of the Township.
3.
The collector is also required, at his own cost, to dispose of, at
a duly licensed disposal area, all quantities of garbage or refuse
collected by him, and to furnish, at his own cost, all vehicles, machinery
and equipment necessary for the proper performance of such contract
and/or procedure.
[Ord. 1985-2, 8/12/1985; as amended by Ord. 89-4, 12/28/1989]
Each collector applying for a license or permit shall provide
either evidence of ownership of a duly licensed disposal area or evidence
of a valid agreement, not subject to cancellation, covering use of
a duly licensed disposal area wherein the area to be used for said
disposal must be duly licensed by the Commonwealth of Pennsylvania
and/or any of its regulatory agencies, departments or bureaus as an
appropriate disposal facility.
[Ord. 1985-2, 8/12/1985]
The collector and the Township, by agreement, shall establish
rates to be charged to each occupant of the premises from which refuse
shall be collected, and the owner of said premises shall be ultimately
responsible for payment of collection fees. The collector shall enter
into individual or separate contracts with each householder or occupant
of the premises, or with the owner thereof, without liability to or
upon the Township. The Township shall reserve the right to change
the billing procedure with the concurrence of the contractor, or to
declare the contract null and void.
[Ord. 1985-2, 8/12/1985]
A designated official shall have the right to determine finally
the true validity of any complaints made by residents as to failure
of the contractor to collect refuse in accordance with this agreement,
and the designated official's decision shall be final and binding
upon the contractor.
[Ord. 1985-2, 8/12/1985]
The contractor shall not assign his agreement in whole or in
part without the written consent of the Township. Such consent does
not release the contractor from any of his or its obligations and
liabilities under the agreement. Any violation of this Part or specifications
shall be sufficient cause for the immediate termination of the agreement
by the Board of Supervisors.
[Ord. 1985-2, 8/12/1985]
Workmen's Compensation and Social Security Acts, as amended,
are deemed a part of the agreement. The contractor shall be obliged
to provide Workmen's Compensation coverage and shall fulfill
the terms and save harmless the Township and all its officers, agents
and employees, successors and assigns, jointly and severally, of and
from all manner of losses, suits, actions, payments, costs, charges,
damages, judgments or claims or demands of any character, name or
description brought on account of any injuries or damages received
or sustained by any person, persons or property by reason of any act,
omission, negligence or misconduct of said contractor, his agents
or employees.
[Ord. 1985-2, 8/12/1985]
The contractor under agreement shall not in any manner be construed
as an agent, servant or employee of the Township, but shall, at all
times, be considered and remain an independent contractor.
[Ord. 1985-2, 8/12/1985]
The contractor shall carry an insurance policy providing complete
third party comprehensive liability and property damage insurance,
covering not only the contractor but also the Township, the limits
of which shall be not less than $300,000.00 – $500,000.00
personal liability and $100,000.00 property damage, and shall furnish
the proper certificates of insurance coverage to the Township.
[Ord. 1985-2, 8/12/1985]
Faithful performance must be of the essence of the license unless
prevented by unavoidable accident, act of God or public immunity,
or any restrictions or embargoes imposed by the Federal Government
or any agency thereof; and it is understood and agreed that all material
shall be collected, removed, and disposed of in a skillful and businesslike
manner, satisfactory to the Township.
[Ord. 1985-2, 8/12/1985]
The contractor shall furnish evidence satisfactory to the Township
that he has available equipment, by ownership or by valid lease agreement,
for collecting and disposing of materials in the performance of his
contract and that all equipment for transporting of materials will
comply with the sanitary and watertight requirements set forth by
the Township.
[Ord. 1985-2, 8/12/1985]
The contractor shall deliver to the Township Secretary, at least
15 days prior to the anniversary date of the agreement, and at least
30 days prior to the termination date of the agreement, a certified
list of customers. This list shall become and remain at all times
the property of Township.
[Ord. 1985-2, 8/12/1985]
All contract carriers presently operating, who have entered
into an existing contract with a resident of the Township providing
for the collection of that resident's refuse, shall be permitted
to continue collecting the refuse of that resident for the duration
of the contract period. At the expiration of the contract, the contract
carrier shall be required to effect complete compliance with the requirements
of this Part and shall be bound by such requirements as to the collection
of refuse from any new resident and shall be subject to the requirements
of this Part in respect to any contract entered into between the carrier
and a resident of the Township after the effective date of this Part.
[Ord. 1985-2, 8/12/1985; as amended by Ord. 89-4, 12/28/1989;
and by Ord. 97-5, 11/19/1997]
Any person, firm or corporation who shall violate any provision of this Part or Chapter 20, 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 $1,000.00 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. 1985-2, 8/12/1985; as added by Ord. 89-4, 12/28/1989]
If any provisions of this Part or the application thereof to
any person or circumstances is held invalid, the invalidity does not
effect the other provisions or applications of this Part which can
be given effect without the invalid provision or application, and
to this end, the provisions of this Part are severable.
