[HISTORY: Adopted by the Board of Commissioners of Penn Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-16-1956 by Ord. No. 29 (Ch. 78 of the 1975 Code)]
[Amended 12-17-1975 by Ord. No. 192]
The Commissioners shall, from time to time, under such terms and conditions as shall, in their discretion, best serve the needs of the residents of Penn Township, contract for the collection and disposition of waste, refuse, trash, garbage, decaying matter and organic waste substance of any kind from residences and business and commercial establishments within Penn Township.
Such contracts shall be made by the Commissioners pursuant to ordinances of the Township authorizing the terms of each such particular contract. It shall be lawful for the Commissioners to grant to any contracting person, firm or corporation the exclusive right to collect waste, refuse, trash, garbage, decaying matter and organic waste substance of any kind from residences and business and commercial establishments within the Township.
From and after November 1, 1956, it shall be unlawful for any person, firm or corporation, except pursuant to the terms of a written contract entered into as herein provided, to collect waste, refuse, trash, garbage, decaying matter and organic waste substance of any kind from any residence or business or commercial establishment within Penn Township.
With the exception of commercial, industrial, managed residential and retirement communities and facilities, all residents and small businesses in Penn Township utilizing curbside collection are required to utilize the services of the designated Township Hauler for disposal of garbage and refuse. All industries, commercial establishments and private residential and retirement communities located in Penn Township are required to designate and utilize the services of a hauler approved and licensed by Penn Township. Residents of private residential communities and retirement communities must use the hauler with whom their community contracted for the disposal of garbage and refuse.
[Adopted 10-21-1991 by Ord. No. 434 (Ch. 113, Art. I, of the 1975 Code)]
The Board of Commissioners finds 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 and the County Plan. The separation and collection of used newspaper, paper, cardboard, glass, cans and leaf waste for recycling from the residential, commercial and institutional establishments in this municipality 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 County Plan, conserve natural resources and reduce the cost of solid waste disposal generally. The promotion and use of recyclable materials, goods produced from recycled materials and goods which facilitate recycling will further serve the same purposes by encouraging and facilitating recycling.
[Amended 6-15-2015 by Ord. No. 774]
The definitions as set forth in Chapter 142, the Penn Township Ordinance of Definition, are hereby incorporated into this article. In addition, the following definitions shall apply:
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter amended.
- ALUMINUM CAN
- Containers which are comprised entirely of aluminum and which contain and formerly contained only nonaerosol edible substances.
- APARTMENT BUILDING
- A building used for residential purposes with more than three dwelling units, except hotels, motels, tourist cabins and dormitories.
- Containers comprised of aluminum, tin, steel or a combination thereof, which contain or formerly contained only nonaerosol edible substances or such other substances as have been approved for recycling.
- 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.
- COMMERCIAL ESTABLISHMENT
- Those properties used primarily for commercial or industrial purposes.
- Recyclable materials which have been segregated from regulated municipal waste but which have not been separated into different types of recyclable materials and which have been placed in a recycling container for the purpose of collection.
- COMMUNITY ACTIVITIES
- 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 4-16-2018 by Ord. No. 804]
- CORRUGATED PAPER
- Layered paper or cardboard in which one or more layers is pressed into parallel grooves or ridges and which is normally used for wrapping, packing, shipping and/or the storage of dry materials.
- COUNTY PLAN
- The County Solid Waste Management Plan for York County as approved by the Pennsylvania Department of Environmental Resources.
- The correct location for the placement of refuse containers and recycling containers for the purpose of collection by the Township collector, which shall be adjacent to the residential unit or such suitable location determined by the Township collector.
- DROPOFF CENTER
- A facility maintained by the Township for use by Township residents in the disposal of designated recyclable materials.
- All clear, (flint) green and brown (amber) colored glass containers. "Glass" shall not include crystal, ceramics, light bulbs and plate, window, laminated, wired or mirrored glass.
- HIGH-GRADE OFFICE PAPER
- Printed or unprinted sheets, shavings or cuttings of sulphite or sulphate ledger, bond, writing or other paper having similar fiber and filler content, including but not limited to stationery, copy paper and computer paper. Treated, coated, padded and heavily printed stock is not included.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people for a common purpose, such as hospitals, schools and nursing homes.
- LEAF WASTE
- Waste that is primarily composed of leaves.
- MULTIFAMILY UNIT
- A property with four or more residential units, including, without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks within the Township, excluding farms.
- The Township of Penn located within the County of York, Commonwealth of Pennsylvania. Also referred to as the "Township".
- MUNICIPAL WASTE
- 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 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.
- Paper of the type commonly used for the printing of newspapers and newspaper advertising or other supplements, but excluding glossy or coated paper of the type found in magazines and periodicals.
- OTHER MUNICIPAL WASTE
- Furniture, appliances, building materials, bulky items and similar waste, but not including designated recyclable materials, regulated municipal waste or leaf waste.
- Organic, synthetic or processed materials that are thermoplastic or thermosetting polymers of high molecular weight that can be molded, cast, extruded, drawn or laminated into objects, films or filaments.
- RECYCLABLE MATERIALS/RECYCLABLES
- Includes clear and colored glass, aluminum cans, plastic (PET) soda bottles, plastic milk and water jugs (HDPE), corrugated cardboard, newspaper, steel and bimetallic cans and such other materials as the Township may designate.
- Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
- RECYCLING CONTAINER
- For residential units, refers to the container supplied and owned by the Township for the purpose of containing for collection those materials to be recycled pursuant to this article. For multifamily units and nonresidential units, the term "recycling container" shall refer to a receptacle which is constructed of plastic, metal or fiberglass and is supplied by the collector.
- The uncontrolled or unauthorized removal of recyclable materials from the curbside or from a dropoff center.
- SOURCE-SEPARATE or SOURCE SEPARATION
- The process of separating or the separation of materials from municipal waste at the point of origin for the purpose of recycling.
- TOWNSHIP COLLECTION SERVICE
- A service for the collection of solid waste, recyclables, leaf waste and other municipal waste, which is provided by the Township or the Township collector.
- TOWNSHIP COLLECTOR
- A person designated by the Township by means of an independent contract to have the exclusive right and privilege, subject to certain limitations, to collect, haul and/or dispose of residential solid waste and recyclables within the Township of Penn, but shall not be construed as meaning that such person is an employee, official or representative of the Township.
- YARD WASTE
- Waste that is primarily garden residue, shrubbery and tree trimmings, grass clippings and other woody debris, but not including leaf waste.
There is hereby established, within the area of the county comprising Penn Township, a program ("curbside program") for separate collection of designated recyclable materials from all non-physically-disabled residents of the municipality located within said area whose solid waste is collected by or on behalf of this municipality.
Collections of recyclable materials pursuant to this section shall be made every week. Collection shall occur in accordance with a schedule of recycling collection areas and dates to be publicly advertised by the municipality and/or the contractor.
All residents of the municipality within the area served by the curbside program established pursuant to this section shall commingle all designated recyclables and place them at the location of their refuse collection in the manner described in § 262-9 of this article.
All commercial and institutional establishments that currently utilize the existing curbside refuse collection program are required to separate from the waste stream all designated recyclables. Those commercial establishments who contract privately and individually for recycling/refuse collection are required to recycle materials as designated by this article. All commercial or institutional establishments that do not utilize the Township's curbside program are required to provide written documentation as to the type and weight of materials recycled. Reports are due to the Township in a form provided by the Township on a quarterly basis no later than the 15th of January, April, July and October of each year.
These materials shall be required to be placed in a commingled container (provided by the Township) for collection by the contractor designated by the Township.
The Township may from time to time designate additional recyclable materials.
All recyclables placed at the curbside by residents for collection pursuant to the curbside program established pursuant to § 262-7 of this article shall be prepared for collection in accordance with the following:
Glass and plastic containers shall have caps and lids removed.
Glass, cans and plastics shall be rinsed free of contaminants.
Glass, cans and plastics shall be placed in a commingled container to be provided by the Township. If additional storage space is required, a container clearly marked "recyclables" may be utilized as well.
No material shall be placed at the collection point earlier than the evening of the day preceding a scheduled collection day. Material must be placed at the collection point by 6:00 a.m. on the scheduled collection day.
[Amended 6-15-2015 by Ord. No. 774]
There is hereby established a program ("public dropoff program") for the source separation and delivery to a recycling dropoff of newsprint and corrugated cardboard from all residents within the municipality. The dropoff location is to the rear of the Penn Township Municipal Building, 20 Wayne Avenue, Hanover, Pennsylvania 17331.
All newsprint shall be placed in paper bags or tied in bundles not exceeding 35 pounds in weight with dimensions not exceeding three feet by one feet by three feet. Newsprint shall be neatly stacked in the trailer or other structure provided by the Township.
Cardboard shall be flattened and tied in bundles not exceeding 35 pounds in weight. Cardboard shall be placed neatly in the shed or other structure provided by the Township.
There is hereby established a program ("private dropoff program") for the separation and delivery to a recycling dropoff of plastic, glass and cans from all residents of apartment complexes, condominium complexes and mobile home parks within the municipality.
The owner of or manager of every multifamily unit, apartment complex, condominium complex and mobile home park within this municipality shall provide and maintain within said complex or park, in a neat and sanitary condition, recycling dropoff to receive all designated recyclables generated by residents of the unit, complex or mobile home park. In cases where a condominium association exists, the condominium association shall be responsible for provision and maintenance of the recycling dropoff. Said recycling dropoffs shall be constructed and capable of receiving designated recyclables within 90 days of the effective date of this article.
The number and design of the recycling dropoffs required by this section for each multifamily unit, apartment complex, condominium complex and mobile home park shall be consistent with guidelines established by Act 101 and with guidelines developed by the county plan. The owner or operator of the unit, complex or mobile home park contracting with a collector for the collection of designated recyclable materials shall prepare such materials for collection in such manner as the collector shall designate.
The Township may, from time to time, designate additional recyclable materials.
There is hereby established a program ("commercial and institutional program") for persons within the municipality who are not residents and who are not served by the curbside program established pursuant to § 262-7 of this article, for the purpose of separating and collecting designated recyclables.
Designated recyclables for the mandatory commercial and institutional source separation program shall consist of the following materials:
High-grade paper, including and limited to white letterhead paper, white bond paper, white typing paper, white copier paper, white notepad paper, white writing paper, white envelopes without glassine windows, other nonglossy white office paper without plastic, computer printout paper, manila folders, computer tab cards and white onionskin paper.
Other recyclable materials as may be designated from time to time by the Township.
The arrangement for collection of designated recyclables for disposition hereunder shall be the responsibility of the person who generated the recyclables ("generator") or the person contractually obligated to the generator to arrange for collection and disposal of its solid waste. Said arrangements may include, without limitation, direct marketing of recyclables, delivery to a dropoff, contracts with solid waste collector/haulers for separate collection of any or all designated recyclables, contracts with other persons for separate collection of any or all designated recyclables or direct delivery to a recycling processing facility.
Separation of Recyclables by Commercial, Municipal and Institutional Establishments and at Community Activities. Commercial, municipal, and institutional establishments shall separate and store, until collection, high-grade office paper, corrugated paper, aluminum cans, and other materials designated by the Municipal regulations. These establishments must arrange for the separation, collection and marketing of these recyclable materials. The establishments shall annually provide to the municipality evidence of such arrangement, and documentation of the total number of tons recycled. High-grade office paper, corrugated paper, aluminum cans, and other materials designated by the Municipal regulations must be separated for collection at all community activities. Sponsoring organizations must arrange for separation, collection and marketing of these materials. The amount of material recycled must be reported to the municipality.
[Added 4-16-2018 by Ord. No. 804]
Owners, lessees and occupants of residential buildings or apartment buildings, and owners lessees and occupants of commercial, municipal or institutional establishments within the Township of Penn shall separate leaf waste and store such leaf waste until collection, unless such persons have otherwise provided for the composting of leaf waste. Collection of leaf waste by the Township shall be in the time and manner publicly advertised by the Township Manager.
No person shall accumulate or store designated recyclable materials upon private or public property within the Township except in accordance with the following:
Designated recyclable materials, if stored outside a building, shall be kept in a refuse container until placed at curbside for collection. If such materials are stored inside a building, they shall be kept in a recycling container or any type of container suitable for the purpose.
It shall be unlawful for:
Any person other than the Township collector or those approved by the Township to collect any designated recyclable material which has been placed at the pickup point for collection or within a recycling dropoff pursuant to this article.
Any person to place or to cause to be placed any material other than a designated recyclable in or near a recycling dropoff.
Any person to hinder, to obstruct, to prevent or to interfere with the Township or its personnel or designated contractor in the performance of any duty under this article or in the enforcement of this article.
Recyclable materials that have been scattered or spilled from containers or bundles other than by negligence of the recycling contractor shall be replaced promptly by the property owner.
Theft of containers and unpermitted use of containers shall result in maximum penalty.
There shall be no disposing of any materials at a recycling dropoff except during the posted hours of operation at the dropoff.
[Amended 5-17-1993 by Ord. No. 459]
The Township or, at the direction of the Township, the designated contractor 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 municipality may donate or sell any recyclable to any other person, whether operating for a profit or not for profit; provided, however, that the person receiving the recyclable shall not under any circumstances collect the donated or sold material from the curbside or from a recycling dropoff without prior written permission from this municipality for such collection.
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 County Plan and in force in the municipality on the effective date of this article.
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.
In addition to any other remedy provided in this article, this municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 262-19 hereof.
The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent this municipality or the County from exercising any other remedy provided in this article or otherwise provided at law or equity.
The terms and provisions of this article are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This article shall be construed in pari materia with the Act and the plan.
Ordinance No. 385 is hereby repealed, and all provisions of any other ordinance which are inconsistent with the provisions of this article are hereby repealed.