[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:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.[1]
Containers which are comprised entirely of aluminum and which
contain and formerly contained only nonaerosol edible substances.
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.
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.
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]
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.
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.
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.
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.
Those facilities that house or serve groups of people for
a common purpose, such as hospitals, schools and nursing homes.
Waste that is primarily composed of leaves.
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".
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[2] 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.
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.
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.
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.
The process of separating or the separation of materials
from municipal waste at the point of origin for the purpose of recycling.
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.
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.
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.
A.
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.
B.
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.
C.
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.
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]
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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[1] 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.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
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.
B.
Designated recyclables for the mandatory commercial and institutional
source separation program shall consist of the following materials:
(1)
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.
(2)
Corrugated cardboard.
(3)
Aluminum cans.
(4)
Other recyclable materials as may be designated from time to time
by the Township.
C.
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.
D.
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:
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.
A.
It shall be unlawful for:
(1)
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.
(3)
Any person to place or to cause to be placed any material other than
a designated recyclable in or near a recycling dropoff.
(4)
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.
B.
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.
C.
Theft of containers and unpermitted use of containers shall result
in maximum penalty.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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[1] and the plan.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
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.
