[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.
CANS
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.
CARDBOARD
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.
COMMINGLED
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.
CURBSIDE
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.
GLASS
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.
MUNICIPALITY
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.
NEWSPRINT
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.
PLASTICS
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.
RECYCLING
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.
SCAVENGING
The uncontrolled or unauthorized removal of recyclable materials
from the curbside or from a dropoff center.
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.
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:
A. Glass and plastic containers shall have caps and lids removed.
B. Glass, cans and plastics shall be rinsed free of contaminants.
C. 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.
D. 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]
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:
A. 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.
B. When designated recyclable materials are placed at curbside for collection, they shall be contained in a recycling container or otherwise prepared and contained as provided in §
262-9 of this article.
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.
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.