[Ord. 68-7, 4/10/1968, § 1]
This Part shall be known as the "Susquehanna Township Refuse
Disposal Authority."
[Ord. 68-7, 4/10/1968, § 2]
For the purpose of this Part, the following terms, phrases or
words shall have the meaning ascribed to them in this section except
where the context in which the word is used clearly indicates otherwise.
Residue from the burning of wood, coal, coke or other combustible
material.
The use of premises other than as a dwelling.
A building used for residential purposes, including hotels,
boarding and lodging houses, tourists cabins, motels and trailers.
One or more rooms in a dwelling which room or rooms have
fixed cooking facilities arranged for occupancy by one person, two
or more persons living together or one family.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of foods.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All putrescible and nonputrescible solid wastes (excluding
body wastes), including garbage, rubbish, ashes, solid industrial
waste, dead animals and street cleanings.
Includes glass, metal, paper, plant growth, wood or nonputrescible
solid wastes.
The Township of Susquehanna, Dauphin County, Pennsylvania,
and the Board of Commissioners of Susquehanna Township.
That individual, partnership, firm, corporation or business
entity designated by the Board of Commissioners of Susquehanna Township,
by means of an independent contract, as the person having the exclusive
right to collect refuse within the Township, but shall not be construed
as meaning that said person is an employee, official or representative
of Susquehanna Township.
[Ord. 68-7, 4/10/1968, § 3]
1.
It shall be unlawful for any person, other than such persons as are
duly authorized by the Township, to collect and haul refuse of any
nature within or from the Township.
2.
The Board of Commissioners shall, by its own resolution, designate
one person as the Township Collector. Said Township Collector shall
have the exclusive right and obligation to collect and haul refuse
within the Township, except as follows:
A.
Those business or commercial establishments whose collection requirements
are such, in the opinion of the Township, as will cause undue hardship
on the commercial establishment, or when the Township Collector is
not able to serve adequately the collection requirements of a business
or commercial establishment. In such case, the Township may issue
a license to said business or commercial establishment which license
shall designate the person who may haul refuse from the named commercial
establishment only.
[Ord. 68-7, 4/10/1968, § 4; as amended by Ord.
11-05, 2/10/2011]
1.
Preparation of Refuse.
A.
All garbage shall be drained of liquid and wrapped in paper before
being placed in the container.
B.
Tree-trimmings, hedge clippings and similar rubbish shall be cut
in lengths not exceeding four feet and shall be securely tied in bundles
before being deposited for collection.
C.
Newspapers, magazines and other printed matter, not placed in containers,
shall be securely tied in bundles not exceeding 40 pounds in weight.
2.
Refuse Containers.
A.
All garbage and all other refuse, when possible, shall be placed
in containers.
B.
Refuse containers shall be of durable, watertight, rust-resistant
material having a close-fitting lid and outside handles to facilitate
collection.
C.
Refuse containers for residences shall not be more than 32 gallons
in capacity and shall be of such size as can be handled easily by
one man.
D.
Containers containing garbage shall be covered with a lid which fits
securely and prevents access to flies and other insects.
E.
It shall be unlawful to permit the accumulation or residue of liquids,
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 thorough rinsing and draining
as often as necessary.
F.
All containers shall be kept in a sanitary condition and shall be
kept in good condition. Any container that does not conform with this
Part, or that is likely to injure the collector or his employees,
or hampers the prompt collection of refuse, shall be replaced upon
notice. Failure to replace said defective containers may result in
the loss of refuse collection until such time as the container is
replaced.
3.
Accumulation of Refuse.
A.
No person shall place any refuse upon any street, alley, walk or
other public place, or upon any private property, except in proper
receptacles for collection, or where the refuse is of such size and
shape as not to permit its being placed in containers.
B.
No person shall deposit refuse in any stream or body of water. In
no event shall refuse be placed on the property of another without
the consent of the owner.
C.
No person, except the occupants of the property on which the container
is place and an authorized collector, shall remove the lids of the
container and/or remove the contents thereof.
D.
Refuse of a highly inflammable or explosive nature, or highly infectious
or contagious refuse shall not be stored for ordinary collection but
shall be disposed of in accordance with the directions of the Board
of Health.
4.
Location of Containers.
A.
Refuse containers shall be placed, according to the distances set
forth in the following subsection, for collection by the collector
from the alley abounding and abutting the property. Where collection
by the collector is impracticable by use of said alley, or because
no alley exists along said property, collection shall be made along
the street fronting said property.
B.
Refuse containers shall be placed for collection at ground level
on the property, not within the cartway of a street or alley and accessible
to, and not more than 80 feet from the side or curb of the street
or alley from which collection is made.
C.
Containers may not be placed in the public right-of-way for collection
earlier than a period of 24 hours before the time for collection nor
shall the container remain in the public right-of-way for a period
longer than 24 hours after collection.
[Ord. 68-7, 4/10/1968, § 5]
1.
Refuse collected by the Township collector will be made at least
once a week except where conditions beyond the control of the collector
prevent collection. Businesses disposing of their own refuse shall
provide for collection at intervals short enough to prevent unsafe,
unsightly or unsanitary accumulations of refuse.
2.
The Township collector will not collect the refuse in excess of that
contained in four containers of the authorized size unless an additional
charge has been agreed upon.
3.
The collection practices of the Township collector and any other
person removing refuse from the Township by special permit of the
Township shall conform to all applicable rules and regulations of
the Commonwealth of Pennsylvania, the Township, and any contract or
contracts between the parties.
[Ord. 68-7, 4/10/1968, § 6]
The fees for collection and disposal of refuse shall be fixed
by the Township collector, subject to the approval of the Township.
[Ord. 73-1, 2/8/1973, § 1; repealed by Ord. 99-3,
1/14/1999]
[Ord. 73-1, 2/8/1973, § 2; as amended by Ord. 89-16,
11/21/1989]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and costs, or in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part 1 continues shall constitute
a separate offense.
[Ord. 04-10, 7/8/2004, § 1]
This Part of Chapter 20 shall be known as the "Susquehanna Township Municipal Waste Reduction and Recycling Ordinance."
[Ord. 04-10, 7/8/2004, § 1]
This Part is enacted pursuant to the Municipal Waste Planning,
Recycling and Waste Reduction Act, Act of July 28, 1988.
[Ord. 04-10, 7/8/2004, § 1]
The purposes and goals of this Part are to:
A.
Require waste reduction and recycling as a means of managing solid
waste conserving resources and supplying energy.
B.
Protect the public health, safety and welfare from the short- and
long-term dangers of collection, transportation, processing and storage
of solid waste.
C.
Utilize, wherever feasible, the capabilities of private enterprise
in accomplishing the desired objectives of an effective, comprehensive
solid waste management program.
D.
Establish and implement with the Township a recycling program to
return valuable materials to productive use to conserve energy and
to protect capacity at waste processing and disposal facilities.
E.
Recycle at least 25% of all solid waste and source-separated recyclable
materials generated in this Township.
F.
Reduce the weight or volume of solid waste generated per capita in
this Township to a weight or volume less than that generated per capita
on the effective date of this Part.
G.
Teach each person living or working in the Township the economic,
environmental and energy value of recycling and waste reduction and
encourage, through a variety of means, participation in such activities.
H.
Promote the procurement and use of products and materials with recycled
content and materials that are recyclable by the Township to the greatest
extent practicable.
[Ord. 04-10, 7/8/2004, § 1]
In this Part, the indicated words or phrases shall have, unless
the context clearly indicates otherwise, the meanings given to them
as follows:
Empty, clean, non-aerosol, all aluminum beverage and food
containers.
Person, firm, corporation, or other legal entity licensed
or contracted by the Township of Susquehanna to undertake curbside
recycling collection or to otherwise collect recyclables within Susquehanna
Township, Dauphin County, Pennsylvania.
Any establishment engaged in a non-manufacturing or non-processing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, theatres, and multifamily rental housing
properties with four or more units.
Events sponsored in whole or in part by Susquehanna Township,
or conducted within Susquehanna Township, whether sponsored publicly
or privately, which may 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 by Ord. No. 18-06, 4/12/2018]
Paper or pasteboard contracted into parallel grooves and
ridges, commonly referred to as "cardboard," which is used for wrapping,
packing, shipping and/or storage.
The scheduled collection and transport of recyclable materials
placed at the curb line or other similar location by residential establishments
or approved small businesses.
One or more rooms in a residence or dwelling, which room
or rooms have fixed cooking facilities arranged for occupancy by one,
two or more persons living together.
All clean, empty bottles and jars made of clear, green or
brown glass, not including non-container glass, plate glass, blue
glass, porcelain and ceramic products, light bulbs and fluorescent
tubes.
Printed or unprinted sheets, shavings and cuttings of sulphite
or sulphate ledger, bond, writing and other papers which have similar
fiber and filler content. This grade must be free of treated, coated,
padded or heavily printed stock. This definition includes lightweight
office papers, i.e., letterhead or mimeograph paper typically sold
as "white ledger" paper, bond, Xerox paper and onionskin, as well
as computer paper.
Any establishment engaged in a manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Those facilities that house or serve groups of people including,
but not limited to, hospitals, nursing homes, child day care centers,
libraries, nonprofit associations, schools and universities; this
definition shall not include standard residential units.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
A building used or designed as a residence for four or more
families living independently of each other and doing their own cooking
therein, including apartment houses, group quarters, townhouses and
condominium complexes.
Public facilities operated by Susquehanna Township and other
governmental authorities.
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 referred to as "newsprint" and
distributed at fixed intervals, having printed thereto news and opinions
and containing advertisements as matters of public interest, but not
including glossy advertising inserts typically inserted with newspapers,
nor magazines or periodicals.
Any individual, corporation, partnership, joint venture,
association, joint-stock company, trust, and incorporate organization,
or any government or public agency or political subdivision thereof,
or any authority or agency thereof. In any provision of this Part
prescribing a fine, imprisonment, penalty, or remedy, or any combination
of the foregoing, the term "person" shall include the officers and
directors of any corporation or other legal entity having officers
and directors.
Empty and clean consumer product containers made of polyethylene
terephthalate (PET), polypropylene (PP), high-density polyethylene
(HDPE) and low-density polyethylene (LDPE) most commonly, but not
limited to plastic bottles used as containers for soda, milk and other
consumer food products, or for household cleaning products or for
personal care products.
Those materials specified by the Township of Susquehanna
for separation, collection, processing, recovery or reused as part
of a recycling program.
The separation, collection, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
could otherwise be disposed of 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 a fuel for the generation of energy.
Any occupied dwelling unit, except multifamily rental housing
properties with four or more units.
Any professional or commercial business that can comply with
four container service and wishes to be mandated under the terms of
this Part.
All materials or substances that are generally discarded
or rejected as being spent, useless, worthless or in excess to the
owners at the time of such discard or rejection, including garbage,
refuse, industrial and commercial waste, sludges from air or water
pollution control facilities or water supply treatment facilities,
rubbish, ashes, contained gaseous materials, incinerator residue,
demolition and construction debris and offal.
Recyclable materials that are separated from solid waste
at the point of origin for the purpose of recycling.
Empty, all steel (ferrous material) or bimetal beverage and
food containers.
The governmental jurisdiction and legal entity of the Township
of Susquehanna, Dauphin County, Pennsylvania.
[Ord. 04-10, 7/8/2004, § 1]
1.
Responsibilities. Susquehanna Township shall have the power, and
its duty shall be, to adopt and implement a program for the collection
and recycling of municipal waste or source-separated recyclable materials
as provided in this Part.
2.
Powers. In carrying out its duties under this section, the Board
of Commissioners of Susquehanna Township may adopt resolutions establishing
procedures, regulations and standards for the recycling, transportation,
storage and collection of source-separated recyclable materials which
shall not be less stringent than, and not in violation or inconsistent
with the provisions and purposes of, the Municipal Waste Planning,
Recycling and Waste Reduction Act and the regulations promulgated
pursuant thereto.
3.
Duties. Susquehanna Township shall implement the provisions of this
Part by collecting, transporting, processing or marketing source-separated
materials or contracting, subject to competitive bidding, with any
person to carry out its duties for the recycling, transportation,
collection and storage of source-separated recyclable materials. Any
such person shall be jointly and severally responsible with Susquehanna
Township in carrying out its duties for transportation, collection
and storage activity.
[Ord. 04-10, 7/8/2004, § 1]
Susquehanna Township hereby establishes and implements a mandatory
source-separation and collection program for recyclable materials
by persons located in Susquehanna Township in accordance with § 1501
of the Municipal Waste Planning, Recycling and Waste Reduction Act.
[Ord. 04-10, 7/8/2004, § 1]
1.
Owners and residents of residential establishments and small business
establishments are hereby required to separate all recyclable materials
as specified by regulation from other municipal waste generated at
their homes, apartments and other residential or small business establishments
and to store such material until collection. The number of the materials
shall be designated periodically by regulation from the following:
Clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade
office paper, newsprint, corrugated paper and plastics.
2.
Recyclable materials from residential establishments and small business
establishments shall be placed at the curb or other similar area,
separate from solid waste, for collection, at such times and dates
as may be established by regulations shall schedule a minimum of one
day per month for pickup of recyclables from residential establishments.
Nothing in this Part or regulations promulgated hereunder shall be
deemed to impair the ownership of separated materials by the person
who generated them unless and until such materials are placed at curbside
or similar location for collection by the Township or its agents.
[Ord. 04-10, 7/8/2004, § 1]
1.
Commercial, institutional, industrial and municipal establishments
are hereby required to separate all recyclable materials as specified
by regulation and to store such material until collection. The times,
dates and places for collection shall be established by regulations.
Such regulations shall schedule a minimum of one day per month for
pickup of recyclables from commercial, institutional, industrial and
municipal establishments.
2.
The owner, landlord or agent of an owner or landlord, of multifamily
housing properties with four or more units may comply with the 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 Part
shall not be liable for noncompliance of occupants of their building.
3.
Persons occupying commercial (including multifamily rental housing
properties with four or more units), institutional, industrial and
municipal establishments, within the Township municipal boundaries,
not part of the Township curbside recycling program and otherwise
providing for the recycling of materials they are required by this
Part to recycle must provide, annually, written documentation to the
Township of the total number of tons recycled or estimated to be recycled,
as well as the name of any authorized collector collecting their recyclables.
[Added by Ord. No. 18-06, 4/12/2018]
Separation and Disposal of Recyclable Materials at Community
Activities. The event sponsor of any community activity shall cause
all recyclable materials to be separated for collection at any community
activity. Sponsors shall be responsible to arrange for the separation
and collection of the recyclable materials by the Township's
authorized collector. The amount of material recycled during the community
activity shall be reported to Susquehanna Township within 48 hours
of the end of the event.
[Ord. 04-10, 7/8/2004, § 1]
All persons who reside in residential establishments and all
persons who are responsible for the operation of small business establishments,
commercial, institutional, industrial and municipal establishments
where leaf waste occurs or is generated, shall source separate all
leaves and place them for collection at the times and in the manner
prescribed by regulation unless those persons have otherwise provided
for the composting of leaf waste. The owners, landlord or agent of
an owner or landlord of multifamily rental housing properties with
four or more units, small business establishments, commercial, institutional,
industrial and municipal establishments may comply with their responsibilities
under this section by establishing a collection system for leaf waste
at each property.
[Ord. 04-10, 7/8/2004, § 1]
The Township may enter into a contract with public or private
agencies for the curbside collection of all or part of the recyclable
materials generated within its municipal boundaries.
[Ord. 04-10, 7/8/2004, § 1]
From the time of placement of recyclable materials at the curb
or a similar area for collection, in accordance with this Part and
the regulations promulgated hereunder, those materials shall be and
become the property of the Township and its authorized collector(s).
It shall be a violation of this Part 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 hereof from one or more locations shall constitute a
separate and distinct offense punishable as hereinafter provided.
[Ord. 04-10, 7/8/2004, § 1]
Upon and after the effective date of this Part it shall be unlawful
for any person or persons to dispose of any recyclable items as established
by this Part or regulations promulgated hereunder, commingled with
other solid waste not required to be recycled or to dispose of such
items in places that will not insure that items are recycled, unless
material is so contaminated that it is unacceptable for recycling.
[Ord. 04-10, 7/8/2004, § 1; as amended by Ord.
10-03, 4/8/2010]
1.
The Township Health Officer and the Township Code Enforcement Officer
or their designee is authorized and directed to enforce this Part.
The Health Officer is also hereby authorized and directed to establish
and promulgate reasonable regulations as to manner, materials, days
and time for the collection of recyclable materials and any other
matters required to implement this Part in accordance herewith. The
Health Officer or his or her designee may change, modify, repeal or
amend any portion of said regulations at any time.
2.
Any person, other than a municipal official exercising his or her
official duties, who shall violate any provision of this Part, any
regulation promulgated hereunder, or any order issued hereunder shall,
upon conviction thereof in a summary proceeding, be sentenced to pay
a fine of not less than $100 and not more than $1,000 and costs and,
in default of the payment of such fine and costs, to undergo imprisonment
for not more than 30 days. Each day's continuation of violation
of this Part shall constitute a separate and distinct offense.
3.
In addition to any other remedies or penalties hereinbefore provided,
the Solicitor of the Township is authorized to institute proceedings
in courts of law or equity to control the recycling, transportation,
collection and storage of source-separated recyclable materials or
to enforce the provisions of this Part, including the securing of
injunctive relief to prohibit any unlicensed or unauthorized person,
or any licensed or authorized collector in violation of the provisions
of this Part, from continuing the collection, transportation or disposal
of recyclable items hereunder, or to enforce compliance by any person
with the terms of this Part.
4.
Billing, Payment and Collection Procedures.
A.
Each owner of a dwelling unit within Susquehanna Township shall be
required to pay to the contractor a quarterly fee for the collection
of solid waste and recyclable materials. This fee shall be paid regardless
of the amount or type of waste and/or recyclables put out for collection.
The quarterly fee charged by the contractor shall be established by
a contract to be entered into between Susquehanna Township and the
contractor pursuant to public bidding requirements. The Township accepts
no responsibility whatsoever for the collection of the fee to be charged
to the owner of each dwelling unit. The contractor shall be solely
responsible for the collection of the quarterly fee.
B.
All fees which remain unpaid 30 days after the invoice date shall
be deemed delinquent. All delinquent accounts may have added to it
a penalty of $10 per quarter if the amount exceeds a minimum of the
current quarterly trash fee in Susquehanna Township past due.
C.
If the owner of a residential unit shall fail to pay any charges
or fees after the same becomes delinquent, the Township Solicitor
is authorized, pursuant to the Pennsylvania Municipal Claims Act,
to enter a lien against the real estate upon which the residential
unit is situate in the amount of the fees and charges or aggregate
of fees and charges, plus penalties, cost of entry and attorney fees.
In accordance with 53 P.S. § 7147, the Township hereby assigns
to the contractor any such municipal claim for outstanding fees and
charges.
D.
If the owner of a residential unit shall fail to pay any charges
or fees and the same becomes delinquent by a minimum of one quarter
and the minimum amount shall be no less than the equivalent of one
quarter worth of charges, the contractor is authorized to file a civil
lawsuit for the collection of fees, charges, penalties, interest,
reasonable attorney fees and costs of collection. Upon the filing
of the civil lawsuit, an additional penalty of $50 shall be added
to all delinquent accounts. 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, costs of collection,
reasonable attorneys' fees and/or administrative service fees.
[Ord. 04-10, 7/8/2004, § 1]
The authorized Township collector shall provide one recycling
container for each residential unit or small business establishment
for the commingling of recyclable materials. Recycling containers
shall be a minimum of twenty-gallon capacity and shall be labeled
"Susquehanna Township Recycling."
[Ord. 04-10, 7/8/2004, § 1]
Collection of recyclable materials shall be performed once per
week and shall take place, when possible, on the same day as collection
of acceptable solid waste in a given area of the Township.
[Ord. 04-10, 7/8/2004, § 1]
The contractor shall take reasonable care in handling of recycling
containers and shall not willfully break, deface or damage the same.
All covers, if provided, will be placed back on the recycling containers
when they are returned to the place of collection. All recycling containers
broken or destroyed in improper or careless handling by the collector
shall be replaced by the collector at his own expense. All recycling
containers broken or destroyed by a customer shall be replaced by
the customer at his own expense.
[Ord. 04-10, 7/8/2004, § 1]
All commercial, institutional, industrial and municipal establishments
will be provided verification forms along with instructions for completing
those forms (attached as Exhibit A).[1] All owners or property that is rented to others for living
purposes will also be sent verification forms and instructions (attached
as Exhibit B).[2] These forms must be completed and returned to the Susquehanna
Township Health Department by the date specified on the forms. The
purpose of the forms in Exhibit A is to verify the solid waste and
recycling program for each commercial, institutional, industrial and
municipal establishment located within the territorial limits of Susquehanna
Township. The establishments are required to describe their program
and list any haulers with which they have contracted for solid waste
and recycling pickup. Exhibit A also includes a form to be completed
by small business establishments, if they choose to be registered
as such. The purpose of the forms in Exhibit B is to verify the number
of dwelling units contained at each rental property. If that number
of units is less than four, the owner is instructed to sign and return
the form entitled "Statement to Claim Residential Status" so that
his tenants will be registered under the Township program. If that
number of units is four or more the owner is instructed to return
the verification form explaining how the solid waste and recycling
program will be set up for their tenants and listing any haulers with
which they have contracted for pickup of solid waste and recycling.
The Susquehanna Township Health Department will be responsible
for assuring that all residents and establishments are well informed
of this program and the ordinances that pertain.
