[HISTORY: Adopted by the Board of Supervisors of the Township
of Millcreek 8-15-2006 by Ord.
No. 2006-11. Amendments noted where applicable.]
This chapter shall be named and referred to as the "Millcreek
Township Municipal Waste and Recycling Ordinance."
The recitals above are hereby incorporated in this chapter as
though restated herein.
A.
Definitions established in the Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S. § 4000.101 et seq., and
in the Waste Transportation Safety Act, 27 Pa.C.S.A. § 6201
et seq., shall apply and extend to terms within this chapter by reference,
unless expressly modified in this chapter.
B.
Words not specifically defined in the Act or in this chapter shall
be given their reasonable and customary meanings.
C.
ACT
ALUMINUM, STEEL AND BIMETALLIC CANS
ASHES
CLEAR AND COLORED GLASS
COMMERCIAL ESTABLISHMENT
COMMERCIAL PICKUP
COMPUTER
CONSTRUCTION MATERIALS
CONSUMER
COVERED COMPUTER DEVICE
COVERED DEVICE
(1)
(2)
(3)
(4)
COVERED TELEVISION DEVICE
DESKTOP COMPUTER
(1)
(2)
(3)
(4)
DISPOSAL
DISPOSITION
FAMILY
GARBAGE
HAULER/HAULING FIRM
HOUSEHOLD RUBBISH
LEAF WASTE
LICENSED TRANSPORTER
MIXED CARDBOARD
MIXED PAPER
MUNICIPAL RECYCLING PROGRAM
MUNICIPAL WASTE
NOTEBOOK COMPUTER
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
PaDEP
PERIPHERAL
PERSON
RECYCLABLE MATERIALS
RECYCLABLE PLASTICS
RECYCLING
RESIDENT
RESIDENTIAL RECYCLING
RESPONSIBLE PARTY
RUBBISH
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TOWNSHIP-DESIGNATED BAGS/BAGS DESIGNATED BY TOWNSHIP
TRANSPORTATION
For the purposes of this chapter, the following terms shall be defined
as follows:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, 53 P.S. § 4000.101 et seq., as the same may in the
future be amended.
Includes beverage cans, metal food containers and soup cans;
shall not include flatware or metal cookware.
Includes coal ashes, coke ashes, wood ashes and ashes resulting
from other fuels used for cooking and heating purposes, and shall
be deemed included within the term "municipal waste."
Includes glass beverage bottles, food jars and containers;
shall not include mirrors, ceramic materials, crystal, light bulbs,
glass ovenware, drinking glasses, clay pots or window glass.
The place at which any business within the boundaries of
Millcreek Township is conducted by any person which, in the operation
of such business, has or accumulates municipal waste, recyclable materials
and/or leaf waste in or about its place(s) of business or elsewhere.
For purposes of this chapter, a commercial establishment shall include
any business, institutional, industrial or other use excepting only
a residential use.
Includes all properties aside from residential properties
having four or fewer residential or family units within a single structure.
That a residential use may be deemed a "commercial pickup" does not
render its use other than residential.
A desktop or notebook computer. The term does not include
an automated typewriter, professional workstation, server, mobile
telephone, portable handheld calculator, portable digital assistant,
MP3 player or other similar device.
[Added 2-14-2017 by Ord.
No. 2017-4]
Includes wood, piping, metal, plastics, concrete, cement
and other man-made products used in construction which is generated
in any business or in the course of construction or renovation of
dwellings or other buildings. The exclusion of "construction materials"
from materials to be collected by the residential contractor shall
not extend to such materials in small quantity generated in the ordinary
course by occupants of residential dwellings.
An occupant of a single detached dwelling unit or a single
unit of a multiple-dwelling unit who has used a covered device primarily
for personal or small business use. For purposes of this definition,
a small business is an entity that is independently owned or operated,
employs 50 or fewer people, has purchased or leased a covered computer
device from a computer manufacturer or retailer and, but for the program
established under the Pennsylvania Covered Device Recycling Act 108
of 2010,[1] would not otherwise have access to electronic recycling
programs.
[Added 2-14-2017 by Ord.
No. 2017-4]
A desktop or notebook computer or computer monitor or peripheral,
marketed and intended for use by a consumer. The term does not include
a covered television device.
[Added 2-14-2017 by Ord.
No. 2017-4]
A covered computer device and covered television device marketed
and intended for use by a consumer. The term does not include:
[Added 2-14-2017 by Ord.
No. 2017-4]
A device that is a part of a motor vehicle or any component
part of a motor vehicle assembled by or for a vehicle manufacturer
or franchised dealer, including replacement parts for use in a motor
vehicle;
A device that is functionally or physically a part of or connected
to or integrated within equipment or a system designed and intended
for use in an industrial, governmental, commercial, research and development
or medical setting, including, but not limited to, diagnostic, monitoring,
control or medical products as defined under the Federal Food, Drug,
and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.),
or equipment used for security, sensing, monitoring, antiterrorism,
emergency services purposes or equipment designed and intended primarily
for use by professional users;
A device that is contained within a clothes washer, clothes
dryer, refrigerator, refrigerator and freezer, microwave oven, conventional
oven or range, dishwasher, room air conditioner, dehumidifier, air
purifier or exercise equipment; or
An electronic device that contains a tuner that locks on
to a selected carrier frequency and is capable of receiving and displaying
television or video programming via broadcast, cable or satellite,
including, without limitation, any direct view or projection television
with a viewable screen of four inches or larger whose display technology
is based on cathode ray tube, plasma, liquid crystal, digital light
processing, liquid crystal on silicon, silicon crystal reflective
display, light-emitting diode or similar technology marketed and intended
for use by a consumer primarily for personal purposes. The term does
not include a covered computer device or a mobile telephone.
[Added 2-14-2017 by Ord.
No. 2017-4]
An electronic, magnetic, optical, electrochemical or other
high-speed data processing device which:
[Added 2-14-2017 by Ord.
No. 2017-4]
Performs logical, arithmetic and storage functions for general
purpose needs which are met through interaction with a number of software
programs contained in the device.
Is not designed to exclusively perform a specific type of limited
or specialized application.
Achieves human interface through a stand-alone keyboard, stand-alone
monitor or other display unit and a stand-alone mouse or other pointing
device and is designed for a single user.
Has a main unit that is intended to be persistently located
in a single location, often on a desk or on the floor.
Shall be deemed to include the deposition, injection, dumping,
spilling, leaking or placing of solid or municipal waste into or on
the land or water in a manner that the constituent of the waste enters
the environment, is emitted into the air or is discharged into the
ground or to the waters of the commonwealth.
Shall be deemed a generic reference to the proper disposal
of municipal waste, recycling and marketing of recyclable materials
and/or composting of leaf waste in the manner prescribed in this chapter.
Shall be and include any person or group of persons maintaining
a separate dwelling, apartment or other habitation unit within the
limits of Millcreek Township.
Shall be deemed to consist of and include all vegetable and
animal waste, including offal, carcasses, fat, bone, swill and animal
and vegetable matter or other organic substance subject to fermentation
or decay, resulting from the storage, handling, consumption and/or
preparation of food. The term shall not be deemed to include dishwater
or other soapy water.
Includes, without limitation, any person, firm, entity or
contractor engaged in the collection, transportation and/or disposition
of municipal waste, recyclable materials and/or leaf waste in Millcreek
Township.
Shall consist of and include old furniture, such paper as
is not included in recyclable materials, trunks, stoves, furnace pipe,
water boilers, incandescent light bulbs, crockery, nonrecyclable cans,
bottles and containers, and similar material, grass clippings, pipe
and all other rubbish which may accumulate in the ordinary course
of use of a residential dwelling, but excluding dirt, trees, tree
limbs over four feet in length and construction materials as defined
above. The term shall not include designated recyclable materials,
and shall be deemed included within the term "municipal waste."
[Amended 2-14-2017 by Ord. No. 2017-4; 4-5-2022 by Ord. No. 2022-3]
Includes leaves, garden residue, shrubbery and tree trimmings, and similar material, but not including grass clippings. For purposes of §§ 110-5C(1), 110-10K, 110-11G and H and 110-12A of this chapter, leaf waste shall not include such leaf waste materials that are properly managed and disposed by the property owner or that are properly managed and disposed by a person hired by the property owner for such purpose.
[Amended 2-14-2017 by Ord. No. 2017-4]
Includes any person, firm, entity or contractor engaged in
the collection, transportation and/or disposition of municipal waste
and/or residual waste and subject to licensure and regulation by the
Department of Environmental Protection under the Waste Transportation
Safety Act.
Includes noncorrugated packaging such as gift boxes, cereal
boxes, shoe boxes, tablet backers and the like. Shall not include
waxed paper, milk cartons or any material contaminated by food or
other municipal waste.
Includes white paper, envelopes and like paper material,
including junk mail, office mix and brown bags. Shall not include
waxed paper or any material contaminated by food or other municipal
waste.
Shall be deemed to mean a source-separation and collection
program for recycling recyclable materials, or a program for designated
dropoff points or collection centers for recycling municipal waste
or source-separated recyclable materials that is operated by or on
behalf of a municipality. The term shall include any source-separation
and collection program for composting leaf and yard waste. The term
shall not include any program for recycling construction or demolition
waste and/or sludge from sewage treatment plants or water supply treatment
plants. Under this chapter, the franchised residential hauling contractor
would be designated to operate a recycling program in lieu of Millcreek
Township operating such program.
Includes and means any garbage, refuse, industrial lunchroom
or nonrecyclable office waste or other material, including solid,
liquid, semisolid or contained gaseous material, resulting from operation
or use of any residential dwelling or unit and/or any commercial establishment
and/or other use or activity and any sludge not meeting the definition
of residual or hazardous waste in the Act (Section 6018.101 et seq.)[2] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. This term includes garbage, rubbish and solid waste, but
does not include recyclable materials, leaf waste or computers, covered
computer devices, covered devices, covered television devices, desktop
computers, notebook computers, peripherals or any of the above devices'
components.
[Amended 2-14-2017 by Ord. No. 2017-4]
[Added 2-14-2017 by Ord. No. 2017-4]
An electronic, magnetic, optical, electrochemical or other high-speed
data processing device which:
Performs logical, arithmetic or storage functions for general
purpose needs which are met through interaction with a number of software
programs contained in the device.
Is not designed to exclusively perform a specific type of limited
or specialized application.
Achieves human interface through a keyboard, video display greater
than four inches in size and mouse or other pointing device, all of
which are contained within the construction of the unit which comprises
the notebook computer.
Can be carried as one unit by an individual.
May include a supplemental stand-alone interface device.
May use external, internal or batteries for a power source.
The term does not include a portable handheld calculator, portable
digital assistant or similar specialized device.
The Pennsylvania Department of Environmental Protection.
A keyboard, printer or any other device sold exclusively
for external use with a computer that provides input into or output
from the computer. The term does not include adaptive or assistive
technologies.
[Added 2-14-2017 by Ord.
No. 2017-4]
Includes any individual, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
federal or state government, agency or institution, or any other legal
entity whatsoever which is recognized by law as the subject of rights
and duties. In any provisions of this chapter prescribing a duty,
prohibition, fine or penalty, or any combination of the foregoing,
the term "person" shall include the officers and directors of any
corporation or other entity having officers and/or directors.
Includes clear and colored glass; aluminum, steel and bimetallic
cans; recyclable plastics; newspapers; magazines; corrugated cardboard;
mixed paper; and mixed cardboard.
[Amended 2-14-2017 by Ord. No. 2017-4; 4-5-2022 by Ord. No. 2022-3]
Includes plastics with a resin code of 1, 2, 3, 4, 5 or 7.
[Amended 2-14-2017 by Ord. No. 2017-4]
Includes the separation from municipal waste at the site
of generation, collection, recovery and sale or reuse of recyclable
materials and other materials which would otherwise be disposed of
as municipal waste or the mechanized separation and treatment of municipal
waste (other than through combustion) and creation and recovery of
reusable materials other than as fuel for the operation of energy.
[Amended 2-14-2017 by Ord. No. 2017-4]
Shall be deemed to include every resident, owner, householder,
tenant, responsible party or person owning or occupying a dwelling,
apartment, condominium or place of residence within the Township of
Millcreek generating municipal waste, recyclable materials and/or
leaf waste, excluding only those persons residing in dwellings having
more than four residential units within the same structure and so
deemed within the term "commercial pickup."
Includes source separation, placement for collection, collection,
transportation, recovery and sale or reuse of recyclable materials
generated within all dwellings and residential units or uses in Millcreek
Township, whether such unit is deemed included within the Township's
contract for residential collection or is deemed a "commercial pickup."
Includes all persons responsible for compliance with the
provisions of this chapter, including but not limited to provisions
regulating collection, transportation and disposition of municipal
waste, recyclable materials and leaf waste. The term shall include
resident, owners, landlords of multifamily rental or condominium residential
properties and their agents; owners, landlords of mobile home parks
and their agents; condominium unit owners, tenants and/or occupants
of multiple-unit residential dwellings; and owners, landlords, managers
and/or their agents and occupants and/or tenants of commercial, institutional,
industrial and public properties.
Shall consist of mixed and waste fragments resulting from
the use of household necessities, including but not limited to nonrecyclable
glass, metal, tin and wood, china, leather, rubber, carpeting, prunings
from vines and other foreign matter, but excepting ashes and garbage.
Does not include leaf waste and/or designated recyclable materials.
Shall be defined as in the Act.
Materials which are separated from municipal waste at the
point of origin for the purpose of recycling. Shall generally be deemed
to include recyclable materials and leaf waste.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste. It shall
be presumed that the containment of any municipal waste in excess
of one year constitutes disposal; said presumption may be overcome
only by clear and convincing evidence to the contrary.
Those bags for separation and placement for collection of
leaf waste of a type as shall be designated from time to time by Millcreek
Township.
The off-site removal of any municipal waste, recyclable materials
and/or leaf waste at any time after generation.
A.
General duties. The requirements in this chapter that municipal waste,
recyclable materials and/or leaf waste be separated at the source,
placed for collection, collected and transported, that municipal waste
be disposed of, recyclable materials marketed and sold for reuse and
leaf waste be composted shall apply to all properties in Millcreek
Township and to all owners, residents, tenants and/or occupants of
such properties and their managers or agents, and to all firms or
entities, waste disposal, recycling and composting facilities.
[Amended 2-14-2017 by Ord. No. 2017-4]
(1)
Owners, residents, tenants and/or occupants of residential properties
having four or fewer dwelling units within the same building shall
comply with duties imposed under this chapter by contracting with
the firm or entity under contract with Millcreek Township for the
collection, transportation and proper disposition of municipal waste,
recyclable materials and leaf waste. If the resident, tenant or occupant
of such residential property fails to comply with the provisions of
this chapter, it shall remain the responsibility of the owner of the
residential property to comply with the provisions of this chapter,
including paying all unpaid invoices associated with such residential
property.
(2)
The owner, landlord, manager and/or agent therefor of a residential
property having more than four dwelling units within the same structure
and/or of a manufactured home park, both otherwise within the definition
of a "commercial pickup," shall be deemed responsible parties as to
such properties and obligated to make provision and contract for collection,
transportation and proper disposition of municipal waste, recyclable
materials and leaf waste generated upon and about the premises, unless
they provide in proper and written fashion that tenants and/or occupants
of each unit shall be the responsible party, in which event each such
tenant and/or occupant shall be obligated to contract for services
with the firm or entity under contract with Millcreek Township for
the collection, transportation and proper disposition of municipal
waste, recyclable materials and leaf waste. Any written notice required
under this subsection shall be delivered promptly to the Township
and its contractor, and shall include the names and addresses of all
affected tenants/occupants and units.
(3)
Responsible parties for properties deemed a "commercial pickup" must
contract with a hauling firm for collection, transportation and proper
disposition of municipal waste, recyclable materials and leaf waste
generated at or upon said properties and make adequate provision for
proper placement of said materials for collection.
B.
General prohibitions. This section shall not limit or modify provisions
of this chapter which identify and make provision for specific violations.
In addition to specific obligations imposed in this chapter, the following
acts and/or omissions are hereby declared unlawful and are prohibited,
subject to the fines and/or penalties imposed in this chapter:
[Amended 2-14-2017 by Ord. No. 2017-4]
(1)
No materials shall be allowed to accumulate on the ground nor be
deposited on the streets or highways, vacant lots, homes, nor on any
land publicly or privately owned, nor be thrown into any stream or
body of water in Millcreek Township, except as is expressly permitted
in this chapter or by other laws.
(2)
There shall be no doubling up of families by which more than one
residence or family uses a common container(s), except in the case
of a commercial pickup, and only then by persons intended to be included
within such service.
(3)
Where a residence, apartment, condominium or other residential building
is arranged for occupancy by more than four separate dwelling units,
failure or refusal by the owner, landlord or manager of said property
or agent(s) thereof to furnish proper collection services for municipal
waste, recyclable materials and leaf waste generated upon said property,
unless said owner, landlord or manager has in proper fashion designated
tenants or occupants responsible parties and issued notices required
in this section.
(4)
Failure or refusal by the owner, landlord, manager, tenant or occupant
of a nonresidential property in the Township or agent(s) thereof to
furnish proper collection services for municipal waste, recyclable
materials and leaf waste generated upon said property.
(5)
No person shall place recyclable materials for disposal as municipal
waste or leaf waste.
(6)
No person shall burn or cause to be burned any recyclable materials
or municipal waste.
(7)
No person shall place upon any other property municipal waste, recyclable
materials or leaf waste not generated upon that property, except for
placement of recyclable materials for collection upon one's own property
and/or placement of materials at a licensed recycling or composting
facility.
(8)
Municipal waste and recyclable materials generated upon and collected
at properties in Millcreek Township designated as a "commercial pickup"
and not subject to the Township's residential collection contract
shall be properly stored within an appropriately sized dumpster(s)
or toter(s) and shall be fully contained within such dumpster(s) or
toter(s).
C.
Exceptions.
(1)
This chapter shall not be construed to prevent or prohibit any person
engaged in the business of farming from maintaining a manure pile
on land occupied by him or her, so long as a nuisance does not result
from said activity.
(2)
Nothing herein shall be construed to prohibit any person from building
or maintaining a compost pile, consisting of grass clippings, leaves,
weeds, soil, hedge and/or shrubbery clippings and other organic material,
so long as a nuisance does not result from said activity.
(3)
This chapter shall not be construed to prevent or prohibit any person
from taking to a licensed recycling or composting facility recyclable
materials and/or leaf waste for which general collection is provided
for in this chapter.
[Amended 2-14-2017 by Ord. No. 2017-4]
A.
All municipal waste, recyclable materials and leaf waste generated
at and upon all properties located in Millcreek Township shall be
separated, placed for collection, collected, transported, disposed
of, marketed for recycling and/or composted in accordance with the
provisions of this chapter.
B.
It shall be the responsibility of the resident, person and/or responsible
party upon each property in Millcreek Township generating municipal
waste, recyclable materials and/or leaf waste to separate from municipal
waste recyclable materials and leaf waste as required in this chapter,
and to place the same for collection by the residential contractor
retained by Millcreek Township or, if applicable, by such firm or
entity retained to provide services to a commercial pickup property.
C.
All municipal waste, source-separated materials and leaf waste generated
by or upon all residential properties and/or units in Millcreek Township
other than those designated and maintained as a "commercial pickup"
shall be collected, removed and disposed, marketed for recycling or
composted only by the contractor retained under chapters of Agreement
("Township contract") under the terms and conditions set forth in
said contract, this chapter and the contract specifications and bid
blank.
(1)
It shall be a violation of this chapter for any person other than
the entity retained under the Township contract to collect, remove,
transport or dispose of municipal waste, source-separated recyclable
materials and/or leaf waste generated by residential units in Millcreek
Township other than those designated and maintained as a "commercial
pickup."
(2)
Contracts for the collection, removal, transportation and proper
disposition of municipal waste, source-separated recyclable materials
and/or leaf waste under this chapter shall, from time to time, be
let to the lowest responsible bidder, with or without advertising,
which contract(s) shall contain, in addition to the requirements of
this chapter, such other provisions not in conflict with this chapter
as may be deemed advisable by the Board of Supervisors to incorporate
therein, and it shall be executed by the Chair of the Board of Supervisors.
No contract therefor shall be awarded for a period exceeding five
years.
A.
All persons (including adults, parents, owners, occupants, heads
of households, residents, responsible parties, operators, landlords,
tenants or agents of all properties of any type located in Millcreek
Township) shall separate or be responsible for the separation of municipal
waste from recyclable materials and leaf waste generated upon or about
such property and for the proper temporary storage of such separated
wastes and materials until placement for collection by the Township's
residential contractor or, as to commercial pickups, by the retained
hauling firm therefor in the manner prescribed in this chapter or
by the owner of a commercial pickup property and its hauling firm.
[Amended 2-14-2017 by Ord. No. 2017-4]
B.
All owners and occupants of properties of any type located in Millcreek
Township shall provide and maintain containers, as required in this
chapter, for all municipal waste, recyclable materials and/or leaf
waste generated or accumulated upon such properties.
C.
The following requirements shall be applicable generally to all properties
and to their owners, occupants, landlords, tenants, managers, residents
and agents:
(1)
Garbage or municipal waste containers (garbage containers) shall
be used only for garbage and municipal waste materials, as defined
in this chapter.
(2)
All garbage shall be properly contained (i.e., wrapped in paper or
placed within a plastic bag) prior to being placed in a garbage container.
[Amended 2-14-2017 by Ord. No. 2017-4]
(3)
No more water shall be allowed nor permitted in garbage or municipal
waste than naturally accumulates from the refuse materials.
(4)
All garbage containers, including, but not limited to, cans, toters,
bagsters, and dumpsters, shall be kept in a sanitary condition, in
places accessible to the collector and with sufficient shelter to
prevent their freezing to the ground.
[Amended 2-14-2017 by Ord. No. 2017-4]
(5)
All municipal waste, recyclable materials and leaf waste shall be
kept in places accessible to the collector and in such containers
or bags to be provided by the resident, owner, landlord, tenant or
occupant of the property so that said materials may be readily and
properly removed by the collector.
(6)
All items designated in this article as recyclable materials shall
be separated from municipal waste and leaf waste, shall be clean of
food waste and foreign material and shall be separated for proper
collection as required in this chapter or, as to commercial pickups,
as required by the hauler and the responsible party.
[Amended 2-14-2017 by Ord. No. 2017-4]
(7)
Leaf waste shall be separated from municipal waste and recyclable
materials and shall be placed for proper collection as required in
this chapter or, as to commercial pickups, as required by the hauling
firm and responsible party and, in all cases, shall be stored and
placed for collection in Township-designated bags distinguishing leaf
waste from municipal waste and/or recyclable materials.
[Amended 2-14-2017 by Ord. No. 2017-4]
(8)
It shall be a violation of this chapter and unlawful for any person to accumulate or store, or allow accumulation or storage of municipal waste, recyclable materials and/or leaf waste in such manner as to give rise to a nuisance, and any such accumulation or storage shall constitute violations of this chapter and of Chapter 40, Conduct, Article II, Nuisances, of the Code of the Township of Millcreek, and be subject to provisions of Chapter 40, Article II, Nuisances, pertaining to abatement of nuisances and payment of the costs thereof.
[Amended 2-14-2017 by Ord. No. 2017-4]
D.
The following requirements shall apply to all residential properties
not designated and maintained as a commercial pickup and therefore
subject to the Millcreek Township residential collection contract:
(1)
Containers for the temporary storage of municipal waste and placement
at curbside for collection by the residential contractor shall have
a capacity not exceeding a 33 gallon bin or plastic bag or a 95 gallon
toter, as applicable based on the service option selected.
[Amended 2-14-2017 by Ord. No. 2017-4; 4-5-2022 by Ord. No. 2022-3]
(2)
Garbage and municipal waste containers shall be made of nonabsorbent
material, be watertight and be provided with handles and closely fitting
covers made of nonabsorbent material. The owner or occupant of the
property generating such municipal waste shall be responsible to keep
such containers watertight at all times.
(3)
Regular refuse or municipal waste bags shall be of study plastic
with a minimum thickness of two mils and having a maximum capacity
of 33 gallons.
(4)
Containers for the temporary storage of recyclable materials shall
be as specified by the Township.
[Amended 4-5-2022 by Ord. No. 2022-3]
(5)
Recyclable materials separated at the source from municipal waste
and leaf waste shall be cleaned of and kept free from all food and
other foreign matter.
(6)
Recyclable materials shall be source-separated and placed for collection in the manner prescribed in § 110-7 of this chapter.
[Amended 2-14-2017 by Ord. No. 2017-4]
(7)
Leaf waste shall be separated from municipal waste and recyclable
materials and placed for collection by the residential contractor
in tied Township-designated bags placed separately from other materials
placed for collection.
(8)
All municipal waste, recyclable materials and/or leaf waste shall
be set out by the owner or occupant of such residential property at
curbside only on the established and scheduled day for collection
thereof by the residential contractor.
[Amended 2-14-2017 by Ord. No. 2017-4]
(9)
No municipal waste, recyclable materials and/or leaf waste shall
be set out by the owner or occupant of such residential property for
any reason or for the purpose of collection more than 24 hours prior
to the previously established and scheduled time for collection thereof
by the contractor; and, within 24 hours after collection, any municipal
waste or recyclable materials containers shall be removed from the
curbside and returned to a suitable location within the property.
[Amended 2-14-2017 by Ord. No. 2017-4]
(10)
Bagsters or similar garbage containers containing any solid
waste shall not remain on any property for more than 30 days.
[Added 2-14-2017 by Ord.
No. 2017-4]
A.
The following materials are declared to be recyclable materials to
be separated from municipal waste and leaf waste at the source of
generation, placed for collection, collected, transported and placed
or marketed for recycling and reuse:
[Amended 2-14-2017 by Ord. No. 2017-4]
B.
All persons shall be obligated to separate or be responsible for
the separation from municipal waste and leaf waste generated at all
properties and community activities located in Millcreek Township
those materials now or hereafter designated by the Millcreek Township
Board of Supervisors as recyclable materials, and to place the same
for collection, recycling and marketing for reuse as specified in
this chapter.
[Amended 2-14-2017 by Ord. No. 2017-4]
C.
Prior to storage of recyclable materials for collection, the contents
thereof shall be removed from any containers made of recyclable materials
and the containers rinsed clean by the owner or occupant of the property
generating such materials.
D.
Where required under this chapter and/or the Township contract for
residential collection services or, as to commercial pickups, by the
owner of and/or hauling firm for such property, recyclable materials
shall be separated from one another at the source and placed for collection
in such separate fashion, and shall not be commingled with different
types of materials.
[Amended 2-14-2017 by Ord. No. 2017-4]
E.
All recyclable materials placed for collection and recycling shall
be free of foreign matter which itself is not recyclable material
or an inherent part of the recyclable material.
F.
All owners, landlords, occupants, tenants, managers, the agents thereof
and responsible parties for properties located in Millcreek Township
which are not included within the Township's residential collection
contract shall be responsible for contracting with a hauling firm
for the collection, transportation, recycling and marketing of recyclable
materials.
[Amended 2-14-2017 by Ord. No. 2017-4]
G.
This chapter shall not be construed to preclude the owner or occupant
of any property from donating or selling his, her, their or its recyclable
materials generated upon or about such property to any profit or nonprofit
entity; provided, however, that such person shall deliver said recyclable
materials to a collection point under the direct operation or control
of said profit or nonprofit entity.
[Amended 2-14-2017 by Ord. No. 2017-4]
H.
This chapter shall not be construed to impair ownership of separated
recyclable materials by the generator unless and until such materials
are placed for collection by the residential or commercial pickup
hauling contractor.
[Amended 2-14-2017 by Ord. No. 2017-4]
I.
Owners, occupants, residents and other persons generating recyclable
materials within residential properties in Millcreek Township subject
to the Township's residential collection contract shall store and
place such recyclables for collection at curbside in either transparent
plastic bags not to exceed 33 gallons, in a 25 gallon bin and/or a
65 five-gallon tote supplied by Millcreek Township or in a like container
clearly identified as containing such recyclable materials. In addition,
any recycled corrugated cardboard shall be flattened, tied and bundled
separate from all other materials and placed in such manner for collection.
[Amended 2-14-2017 by Ord. No. 2017-4]
J.
Owners, landlords, managers, occupants, tenants and other persons
within properties in Millcreek Township which are designated and/or
maintained as a "commercial pickup" shall comply with the following
requirements:
[Amended 2-14-2017 by Ord. No. 2017-4]
(1)
The owner, landlord, manager and/or agent thereof shall establish
a system of collection by occupants of the property of recyclable
materials designated in this chapter and their placement for collection
and proper removal, transportation and marketing for recycling by
a hauling firm contracted for the premises. Such collection system
must include:
(a)
Provision for collection of all designated recyclable materials
established in this chapter or otherwise by the Board of Supervisors;
(b)
Provision of suitable containers for collecting and sorting
materials;
(c)
Easily accessible locations for the containers; and
(d)
Written instructions to all occupants of the premises concerning
designation of recyclable materials and the proper use and availability
of the collection system.
(2)
All owners of properties deemed a commercial pickup and firms or
entities collecting and transporting recyclable materials from said
properties shall be obligated to submit in timely fashion all reports
to Millcreek Township pertaining to recycling matters as are required
in this chapter.
K.
For purposes of this chapter, the Township's residential recycling
program shall include not only recycling of recyclable materials generated
upon residential dwellings served by the contractor retained by Millcreek
Township, but also those generated upon all residential properties
of any type or nature. Owners of and firms or entities serving all
residential properties shall submit to the Township all reports and
records required as to residential recycling under this article or
other applicable law.
[Amended 2-14-2017 by Ord. No. 2017-4]
A.
All owners, occupants, landlords, tenants, managers and agents of
properties located in Millcreek Township shall separate from municipal
waste and recyclable materials leaf waste generated at or upon the
said properties for purposes of a separate collection and composting
thereof.
B.
Owners, occupants, residents and other persons generating leaf waste
within residential properties in Millcreek Township subject to the
Township's residential collection contract shall comply with the following
requirements:
(1)
All leaf waste shall be accumulated and stored prior to placement
for collection by the residential contractor in tied Township-designated
bags and shall be free of all other materials.
(2)
Such leaf waste in tied Township-designated bags shall be placed
at curbside for collection by the residential contractor not more
than 24 hours prior to the scheduled time for collection thereof.
C.
Owners, landlords and managers of properties designated and/or maintained
as a commercial pickup shall be responsible to contract with a hauling
firm for collection, transportation and proper composting of leaf
waste generated upon each such property, and for establishing procedures
for the proper source-separation, temporary storage and placement
of leaf waste by tenants and all other occupants of the premises for
collection by the hauling firm retained to provide such service. Such
source-separation and collection system must include the following:
[Amended 2-14-2017 by Ord. No. 2017-4]
(1)
Assumption by the owner, landlord and/or manager of responsibility
for collection, storage and proper disposition for composting of leaf
waste generated upon the property if such leaf waste is accumulated
and collected within the owner's or landlord's obligations.
(2)
Written instructions to tenants and other occupants of the premises
should they be obligated to accumulate and dispose of leaf waste,
which instructions shall at a minimum set forth the requirements for
source-separation and collection of leaf waste and identify easily
accessible locations for storage and/or placement of such materials
and the dates or times of their scheduled collection.
(3)
Bags or other containers utilized for storage and collection of leaf
waste shall be as established by the owner or other responsible party
and the retained hauling firm, and shall be detailed within instructions
given to occupants and/or tenants of the premises.
[Amended 2-14-2017 by Ord. No. 2017-4]
A.
Duty to recycle covered devices. Millcreek Township consumers, manufacturers,
persons, residents or retailers shall recycle all computers, covered
computer devices, covered devices, covered television devices, desktop
computers, notebook computers, peripherals or any of the above devices'
components in their possession through the use of programs offered
by retailers, manufacturers, county and local government, and other
organizations to dispose of and collect hazardous waste.
B.
Disposal ban. No consumer, manufacturer, person, resident or retailer
may place in municipal or commercial solid waste within Millcreek
Township a computer, covered computer device, covered device, covered
television device, desktop computer, notebook computer, peripheral
or any of the above devices' components.
[Amended 2-14-2017 by Ord. No. 2017-4]
A.
All persons, firms or corporations collecting municipal waste, recyclable
materials and/or leaf waste in Millcreek Township and transporting
the same upon the streets of the Township shall collect and transport
such materials only in conveyances and receptacles tightly closed
on the bottom and sides, so as to prevent such materials from spilling,
dropping or falling to the streets, alleys or highways.
B.
All vehicles and conveyances transporting municipal waste, recyclable
materials and/or leaf waste shall be so operated and covered as to
prevent offensive odors from escaping therefrom and to prevent said
materials from being blown or spilled upon any street, walk, alley
or property of the Township.
C.
Every vehicle or conveyance shall have plainly printed thereon the
name of the hauling firm, and shall be kept in a sanitary condition
at all times.
D.
All municipal waste, recyclable materials and/or leaf waste shall
be collected under the Township residential collection contract in
Millcreek Township only between the hours of 6:00 a.m. and 8:00 p.m.
unless otherwise authorized, in writing, by Millcreek Township Recycling
Department.
E.
Municipal waste and recyclable materials generated and placed by
owners and occupants for collection from residential premises subject
to the Township's residential collection contract shall be collected
by the residential contractor once per each calendar week on the same
day.
F.
Municipal waste and recyclable materials generated upon and collected at properties in Millcreek Township designated a "commercial pickup" and not subject to the Township residential collection contract shall be collected from each such property in a timely manner so that it does not become or create a nuisance under Millcreek Code, Chapter 40, Article II, in which case the Recycling Department may direct a more frequent pickup.
G.
Leaf waste generated upon and placed for collection at residential
properties in Millcreek Township subject to the Township's residential
collection contract shall be placed by owners and occupants for collection
and collected and transported to a licensed composting facility by
the residential contractor on a weekly basis during a six-week period
in the spring and fall of each calendar year as shall be determined
by the Board of Supervisors with a recommendation of the residential
contractor. Residents shall be given due notice of the six-week leaf
waste collection period, and owners and occupants of residences served
under the Township's residential contract shall during said six-week
period set their leaf waste at curbside on the day established in
each week for collection of municipal waste and recyclable materials.
H.
Leaf waste generated upon properties in Millcreek Township designated
and maintained as a commercial pickup shall be collected by the hauling
firm retained by the owner or responsible party for said property
in accordance with the schedule established by the owner and hauler,
such schedule to ensure full and proper collection and disposal at
a licensed composting facility of all such leaf waste.
I.
All municipal waste, recyclable materials and leaf waste shall be
managed and disposed of by the residential contractor or any hauling
firm in such manner as not to endanger or interfere with the health,
safety and comfort of any of the inhabitants of Millcreek Township
and in compliance with all federal, state and local laws, ordinances,
regulations and rules.
J.
The residential contractor retained by Millcreek Township and all
hauling firms for collection, transportation and proper disposition
of municipal waste, recyclable materials and/or leaf waste shall be
required at such person's, firm's or corporation's expense to furnish,
maintain and operate all vehicles, machinery and equipment necessary
for the proper performance of the Township's residential contract
and all contracts for services to properties deemed a commercial pickup,
except that such person, firm or corporation shall not be required
to furnish receptacles or containers, receptacles or containers to
be provided by owners and occupants of properties served by the residential
contract or by owners, landlords, managers or their agents of commercial
pickup properties.
K.
No municipal waste, recyclable materials and/or leaf waste shall
be collected from residential properties in Millcreek Township having
four or fewer units within the same dwelling, nor transported over
the streets and thoroughfares of the Township by any person(s) other
than the residential contractor retained by the Township for provision
of such residential services, subject only to the following exceptions:
(1)
This subsection shall not prohibit transportation of such materials
collected from properties in other municipalities.
(2)
This subsection shall not prohibit collection and transportation
of such materials from properties in Millcreek Township not included
within the residential collection contract (i.e., commercial pickups)
if collected and transported by a hauling firm under contract or agreement
to provide such services.
L.
The ultimate disposal facility or facilities utilized for the disposal
of municipal waste generated and collected from all properties located
in Millcreek Township must be included in the Erie County Act 101
Municipal Solid Waste Plan.
M.
All recyclable materials collected from properties located in Millcreek
Township shall be transported and directed only to a materials recycling
facility for processing, marketing and reuse as mandated in the Act
and this article. Such facility must possess and maintain such license(s)
as are required under federal, state and/or local laws and regulations.
N.
Once municipal waste, recyclable materials and/or leaf waste are
placed at a property in Millcreek Township for collection at curbside,
they shall become the property of the collector and shall not be taken
or removed by third parties. It shall be a violation of this article,
subject to penalties prescribed herein, for any person other than
the residential contractor or retained hauling contractor, as applicable,
to remove municipal waste, recyclable materials and/or leaf waste
which has been placed as designated for collection.
[Amended 2-14-2017 by Ord. No. 2017-4]
A.
The Board of Supervisors shall designate one entity which shall be
responsible for the collection, transportation, disposal, recycling
and/or composting of all municipal waste, recyclable materials and
leaf waste resulting from or generated by all properties located in
Millcreek Township that do not fall within the definition of a "commercial
pickup" under this chapter, as required by state and local laws and
regulations.
B.
The Board of Supervisors shall, through appropriate advertisement and solicitation of bids, award to a person or entity ("residential contractor") who qualifies as the lowest financially responsible bidder meeting all specifications and demonstrating its capability of performing the contract a contract for a term not to exceed five years to collect, transport and haul municipal waste, recyclable materials and leaf waste generated upon all such residential properties and dispose municipal waste, market recyclable materials for recycling and reuse and deposit leaf waste for composting at a licensed composting facility, for which services the contractor may bill and collect a fee from residential customers as authorized in § 110-12 ("Township residential collection contract").
C.
The residential contractor shall provide a weekly pickup or collection
of municipal waste and recyclable materials from all residential units
in Millcreek Township exclusive of commercial pickups, and shall notify
each head of household of the day of the week for the scheduled collection
of municipal waste and recyclable materials. This collection shall,
at the election of the resident, be either:
D.
The collection of recyclable materials shall be separate from collection
of municipal waste, but both shall be collected and on the same day
of each week for each residential household.
(1)
It shall be unlawful for the residential contractor to commingle
municipal waste and recyclable materials; and/or to dispose of recyclable
materials as municipal waste or leaf waste; and/or to fail to market
collected recyclable materials for recycling.
(2)
The contractor shall not utilize combination, one-pass vehicles or
rear loading trucks for collection of municipal waste and recyclable
materials.
[Amended 4-5-2022 by Ord. No. 2022-3]
E.
While designated recyclable materials may be commingled for collection,
it shall be the responsibility of the residential contractor to separate
each of the recyclable materials prior to their ultimate disposition
and marketing for reuse.
F.
Leaf waste shall be collected by the residential contractor weekly
from each residential household customer, but shall be limited to
a six-week period in the spring and/or autumn of each calendar year
of the residential contract. During one week in the autumn of each
year of the residential contract, the residential contractor shall
collect from each residential household customer brush, limbs, branches,
shrubs and like organic matter which either is not leaf waste as defined
in the chapter or not easily placed in a bag ("brush materials").
The precise six-week period for leaf waste and the one-week period
for brush materials collection in any given year shall be as determined
by the Board of Supervisors after discussion with the residential
contractor.
[Amended 4-5-2022 by Ord. No. 2022-3]
(1)
The all-inclusive and per-bag service options shall each include
unlimited leaf waste collection service during such designated six-week
period and the collection of brush materials during such designated
one-week period.
(2)
Residents shall be given due notice by the Township and the residential
contractor of the six-week leaf waste collection period and the one-week
brush materials collection period, and residential customers shall
during said designated periods set out their leaf waste and brush
material generated upon such properties at curbside in tied Township-designated
bags for collection.
(3)
Leaf waste and brush materials shall be collected by the residential
contractor from each customer's property on the same day as the customer's
scheduled collection of municipal waste and recyclable materials,
but shall be collected separately from municipal waste and recyclable
materials.
(4)
It shall be unlawful for the residential contractor to commingle
leaf waste and/or brush materials with municipal waste and/or recyclable
materials in the collection, transportation or disposition of materials.
(5)
All leaf waste and/or brush materials collected by the residential
contractor shall be directed for disposition only to a licensed composting
facility
(6)
The residential contractor shall be solely responsible for the proper
collection, transportation and disposition for composting of leaf
waste and/or brush materials for the life of its contract with Millcreek
Township, and shall provide for composting itself or at a licensed
composting facility in conformity with applicable state and local
law and regulations.
G.
It shall be unlawful and constitute a violation of this chapter for
any person or entity other than the residential contractor to collect,
pick up, transport or dispose of municipal waste, recyclable materials
and/or leaf waste generated at or upon residential properties located
in Millcreek Township, excluding only those defined herein and maintained
as a commercial pickup or as is otherwise excluded by the definition
of leaf waste in this chapter.
H.
Every resident, owner, occupant or responsible party for a residential
dwelling not deemed a commercial pickup shall have their municipal
waste, recyclable materials and leaf waste collected, removed, transported
and disposed of only by the residential contractor under contract
with Millcreek Township, and shall pay to the residential contractor
such fee as is established under such contract for the service method
elected by the resident.
I.
The residential contractor shall pay to Millcreek Township on an
annual or quarter-annual basis such contribution toward the Township's
expense incurred in providing administrative services for municipal
waste disposal, recycling programs and leaf composting programs as
shall be fixed in the specifications and contract approved by the
Board of Supervisors.
J.
The residential contractor shall at its expense provide in quarterly
billings to residential customers and/or through publications in newspapers
of general circulation in Millcreek Township as designated by the
Board of Supervisors in the specifications and contract notices to
residents concerning scheduled leaf waste collection periods and educational
information on recyclable materials and their proper recycling.
K.
It shall be a violation of this chapter and unlawful, subject to
fines and penalties prescribed in this chapter, for any person to
place at his or her residence's curbside for collection by the residential
contractor municipal waste and/or leaf waste not generated upon such
property in ordinary residential use thereof.
L.
Municipal waste and/or leaf waste generated upon another property
shall not be deemed included within the all-inclusive residential
service intended under this chapter and the Township residential collection
contract awarded by the Board of Supervisors.
M.
Construction materials and other municipal waste and/or leaf waste
generated by or arising from a person's business enterprise shall
be disposed of or composted, as applicable, by the person generating
the same in accordance with the requirements of this chapter applicable
to persons and properties deemed a commercial pickup.
N.
Construction materials in substantial quantity generated at or upon
a residential property otherwise subject to the residential contract
through construction or renovation of the improvement(s) on the property
shall be disposed of by the construction contractor, owner or occupant
through separate arrangement or contract with a hauling firm, at the
expense of the contractor, owner or occupant, and shall not be deemed
within the all-inclusive residential service option under the Township
residential collection contract. This subsection shall not be deemed
to exclude the following from all-inclusive residential service option
under the Township residential collection contract:
(1)
Wood and related products generated in ordinary residential use,
so long as nails and protruding objects are removed or rendered safe
for collection;
(2)
Replaced guttering and fenceboards and the like, so long as they
are rendered safe for collection, not longer than four feet and, in
any substantial quantities, tied or bundled;
O.
Millcreek Township and the residential contractor shall cooperate
in disseminating to the public information regarding the contract,
services, service options, obligations of residents and the contractor
and definition and proper preparation of recyclable materials to encourage
the effective reuse of such resources.
P.
The residential contractor shall be subject to the following duties
and obligations throughout the term of any contract with the Township:
(1)
The contractor shall at all times follow, comply with and abide by
the then-applicable contract(s), specifications and bid blank for
collection, transportation and proper disposition of municipal waste,
recyclable materials and leaf waste.
(2)
The contractor shall at all times follow, comply with and abide by
federal, state and local laws, ordinances, rules, regulations and
resolutions, including but not limited to the Solid Waste Management Act,[1] the Municipal Waste Planning, Recycling and Waste Reduction
Act,[2] the Erie County Solid Waste Plan, the Waste Transportation
Safety Act[3] and this chapter.
(3)
The contractor shall submit to Millcreek Township in full and timely
fashion and in the manner or format specified in the contract all
reports, notices and documents required under applicable law, this
chapter and/or said contract, and shall retain all records as required
under said contract.
(4)
The contractor shall be required at its or his own cost and expense
to furnish, maintain, operate or have access to a municipal waste
disposal facility of sufficient size and capacity to dispose of the
municipal waste collections made by the contractor under the terms
of the Township residential collection contract through the term of
such contract. Lack of capacity at a municipal waste disposal facility
shall not excuse the contractor's performance under the contract.
(5)
The contractor, throughout the term of the contract, shall be required
at its or his own cost and expense to furnish, maintain, operate or
have access to proper and licensed facilities for the separation and
marketing for reuse of recyclable materials and composting of leaf
waste collected by the contractor under the terms of the residential
contract. Lack of capacity at any such facility shall not excuse the
contractor's performance under the contract.
(6)
Labor disputes and/or work stoppages at or affecting the residential
contractor and/or facilities utilized for disposal of municipal waste,
marketing of recyclable materials and/or composting of leaf waste
shall not excuse the contractor's performance under the residential
contract.
A.
Every resident owning, occupying or using a residential dwelling
in Millcreek Township, excluding only those defined and maintained
as a commercial pickup, shall contract only with the Township's designated
residential contractor for the collection, removal, hauling, transportation
and proper disposition of municipal waste, recyclable materials and
leaf waste generated upon or within the said dwelling. Every resident
contracting for service with the residential contractor shall be obligated
to pay to the Township or its agent the fee(s) assessed for the service
option elected by such resident.
[Amended 2-14-2017 by Ord. No. 2017-4; 3-28-2023 by Ord. No. 2023-2]
B.
The residential contractor shall offer all persons and properties subject to residential collection under the contract the two alternative methods of service set forth in § 110-11C of this article, each method to include unlimited collection, transportation and proper disposition of recyclable materials and leaf waste.
[Amended 2-14-2017 by Ord. No. 2017-4]
(1)
Residents electing the per-bag service method shall be authorized
to place municipal waste for collection by the residential contractor
only in those bags authorized by the contractor and purchased from
the contractor or Millcreek Township. Such bags shall have a minimum
capacity of 33 gallons and shall be packaged in minimum quantities
of five bags per package.
(2)
The fee per household for all-inclusive service shall be assessed
and paid on a quarter-annual basis, and it shall be the responsibility
of each resident or responsible party occupying such household to
pay such fee to the Township or its agent.
[Amended 3-28-2023 by Ord. No. 2023-2]
(3)
The amounts of the all-inclusive and per-bag service methods shall
be established as a result of the Township's solicitation of bids
and contract award for residential service.
C.
The residential contractor shall provide to residents contracting
with it for all-inclusive or per-bag service who are eligible for
and possess a PACE card a ten-percent senior citizen discount.
(1)
Any resident requesting such discount shall be obligated to supply
his or her PACE card and another form of identification in order to
be eligible for the discount.
(2)
Any resident who, after receiving benefit of the senior citizen discount,
should become ineligible for a PACE card, shall from the date of such
ineligibility no longer be eligible for the senior citizen discount
and, within 10 days after receiving notice of PACE ineligibility,
shall notify the residential contractor.
(3)
No person shall attempt to obtain a senior citizen discount through
use of a PACE card not belonging to that person.
(4)
The senior citizen discount shall apply only to persons who own or
lease the serviced property such as to be the responsible party. No
person not the owner or lessee of the serviced property or the spouse
of such owner or lessee shall apply for a senior citizen discount,
nor shall any responsible party for a property seek to obtain through
another person's eligibility the discount to which the responsible
party is not entitled.
D.
For any period in excess of 30 continuous days during which a resident
or responsible party has paid or is obligated to pay the fixed quarterly
fee for unlimited disposal services but his or her household will
not generate municipal waste, recyclable materials and leaf waste
during such period due to the residence's not being occupied on account
of: relocation to a new residence; extended vacation; lengthy hospitalization
or convalescence; or other reason, such responsible party shall be
entitled to a pro rata refund or credit from the residential contractor
for the period of nonoccupancy so long as the responsible party notifies
the contractor of such nonoccupancy not later than seven days after
the period of nonoccupancy begins. If such notice is not given to
the residential contractor within seven days after commencement of
nonoccupancy, the credit shall not be due earlier than seven days
prior to the contractor's receipt of notice.
E.
All residents contracting with the residential contractor for provision
of services shall, upon first contracting with the contractor, elect
the method of service desired. Residents shall be entitled to elect
a different service method only upon the commencement of service for
a property and on 30 days' written notice provided to the residential
contractor. No resident shall be allowed to avoid these requirements
through voluntary termination and later reinstatement or otherwise,
unless the contractor should agree to the contrary.
[Amended 2-14-2017 by Ord. No. 2017-4]
F.
The residential contractor shall be solely responsible for payment
of all fees and charges assessed or incurred in performing the contract,
including but not limited to collection, transportation, proper disposal
of municipal waste, disposition and marketing of recyclable materials
and composting of leaf waste, and all such costs shall be included
in any price bid for a contract of residential collection service.
G.
Special services and fees.
(1)
The residential contractor shall provide, for a special assessment
fee to be paid by residential collection customers requesting such
service, collection, transportation and proper disposal of appliances
containing freon which cannot lawfully be disposed of in landfills
under present laws and regulations.
(2)
Contractor shall collect such appliances from residential customers
requesting the service and shall transport such appliances to an authorized
recycling center for removal of freon and proper recycling. Specifications
issued pursuant to this chapter and the residential contract awarded
shall require that this special service be included in any contract
at the fee established in the contractor's bid.
(3)
The residential contractor or any other hauler shall be entitled
to contract with owners of or responsible parties for residential
dwellings included within the Township's residential contract for
collection, transportation and disposal of garbage, household rubbish,
construction materials excluded from residential collection under
this article and other municipal waste generated upon such property
in the course of its construction or substantial renovation, at such
fees as the contractor or registrant and the responsible party shall
agree.
[Amended 2-14-2017 by Ord. No. 2017-4]
H.
The provisions of §§ 110-11L and 110-12G of this chapter shall not exclude from the all-inclusive and unlimited residential service method materials constituting municipal waste and/or construction materials which are generated upon or within a residential dwelling as a consequence of water damage, sewer backups created by weather or flood events, where the Board of Supervisors by Resolution shall have authorized such inclusion and insurance coverage extending to payment of benefits for such service does not exist. Where the owner or responsible party has insurance affording such benefits, such owner or responsible party shall contract with the residential contractor or other registered hauling contractor for service in collection and disposal of such materials.
I.
Billing, payment and failure to pay procedures.
[Amended 2-14-2017 by Ord. No. 2017-4; 4-5-2022 by Ord. No. 2022-3; 3-28-2023 by Ord. No. 2023-2]
(1)
It shall be the responsibility of the Township and/or Township's
designated agent to bill and collect from residential dwelling not
defined or maintained as a commercial pickup under the Waste Code
that elects the unlimited collection service method the amounts due
for services rendered by the contractor in performance of the contract.
It shall be the responsibility of each household that has contracted
for services pursuant to the Township residential collection contract
to pay for such services in a timely manner.
(2)
It shall be the responsibility of the contractor to bill and collect from each household contracting for its services, except for the unlimited collection service method which will be billed in accordance with Subsection I(1) above, the amounts due for services rendered by the contractor in performance of the contract. It shall be the responsibility of each household that has contracted for services pursuant to the Township residential collection contract to pay for such services in a timely manner.
(3)
Refuse fees and charges shall be assessed and billed by the Township
or the Township's agent on a quarterly basis for the quarters
beginning in January, April, July and October, and shall be due within
30 days following the date on which said assessment bill was mailed.
Interest at the rate of 10% per year shall accrue on unpaid invoices
beginning on the day following the due date of the invoice, and shall
be added to all original amounts of the invoice remaining unpaid at
the end of the calendar month in which the same were first imposed
and assessed, and shall continue to accrue until the full amount of
the invoice and accrued interest is paid in full.
(4)
The Township may, in its discretion, initiate code enforcement proceedings against the customer and/or property owner in accordance with Chapter 110 of the Township Code.
(5)
Unpaid residential collection accounts become a municipal claim as
that term as defined in the Municipal Claims Act, 53 P.S. § 7101
et seq., and all refuse fees, penalties, interest, collection fees,
lien filing and satisfaction fees and other charges imposed for failure
to pay promptly shall constitute a lien upon and against the subject
property and its owner from the date of their imposition and assessment.
(6)
Following the assignment of an unpaid collection service account,
the Township shall initiate collection procedures, which may include
referral to a collection agency, filing of liens, scire facias proceedings
to collect filed liens, and any and all other measures or combination
thereof which the Recycling Department deems appropriate.
(7)
If the remedy pursued is to file a lien, liens for unpaid refuse
fees shall be filed by the Township in the Court of Common Pleas of
Erie County as required by the Municipal Claims Act to preserve the
Township's statutory lien therefor within the time limit provided
by law. The Township shall provide the Township Solicitor with such
information as is necessary to ensure filing of liens in court to
preserve existing statutory liens for unpaid refuse fees and other
charges.
(8)
In the event the Township should determine under its resolutions
and policies that a delinquent refuse account should be referred to
the Township Solicitor or other attorney retained by Township for
collection in scire facias sur municipal lien proceedings pursuant
to the Municipal Claims Act, 53 P.S. § 7101 et seq., as
may in the future be amended, then all attorneys' fees and costs
incurred by the Township in such proceeding shall be imposed upon
the lot, parcel, building and owner as a cost of collection, in accordance
with the Municipal Claims Act and applicable ordinances and resolutions
of the Township.
(9)
In no event shall the Township or its agent's agreement, at
the request of the owner(s) of a property, to issue billings for refuse
fees and charges to the lessee or occupier of owner(s) relieve or
excuse owner(s) in any respect from liability to pay such refuse fees
and other charges should the lessee or occupier fail for any reason
to do so. Refuse fees and other charges assessed and imposed pursuant
to this chapter shall constitute a lien against the property benefitted
by the collection and disposal of municipal waste, recyclable materials
and leaf waste regardless of the manner in which such assessments
are billed and regardless of whether or not such owner occupies the
property. Nothing in this chapter shall be construed to prohibit or
limit an owner's ability to collect by lease or contract sums
due by a tenant or other occupier of the owner's property, but
such lease or contract shall not bind the Township or limit in any
way the Township's authority to impose, assess, lien and collect
refuse fees and charges.
(10)
All costs of the Township's collection procedures, including,
but not limited to, fees for filing, perpetuation and satisfaction
of liens, collection fees, attorneys' fees, court costs, litigation
expense, charges for service of documents, shall upon being incurred
by the Township be imposed as a charge for nonpayment and added to
the balance due on said premises' account.
(11)
No lien shall be satisfied, nor shall any collection proceeding
be discontinued until all amounts due on an account, including fees,
penalties, interest, collection fees, attorneys' fees, court
costs and other charges are first paid in full to the Township.
(12)
Application of payments received on accounts. When a payment
is tendered upon an account whose balance then due includes fees,
penalties, interest, lien costs, collection fees or other charges,
such payment shall be applied first to payment of penalties, costs
and other charges incurred by the Township.
(13)
In the event the residential contractor is not paid the quarterly
fee per household assessed for unlimited collection service or is
not paid sums due by residents electing the per-bag service method,
and it has not assigned the delinquent account to the Township, the
contractor may proceed to collect such sums in a civil action against
the resident, householder, customer or other responsible party for
such dwelling.
(14)
In no case shall the residential contractor providing the services
required under the Township residential collection contract cease
providing such services as a remedy for the failure of a customer
to pay an invoice for services rendered unless approved, in writing,
by the Township.
(15)
Billing to third parties does not relieve owner of liability.
In no event shall the Township or agent's agreement at the request
of the owner(s) of a property served by the waste contract or otherwise
to issue billings for assessment of residential collection fees to
the lessee or occupier of owner(s) relieve or excuse owner(s) in any
respect from liability to pay such charges should the lessee or occupier
fail for any reason to do so. Charges for residential collection services
assessed and imposed pursuant to this article shall constitute a lien
against the property benefitted by the residential collection services
regardless of the manner in which such assessments are billed.
J.
Miscellaneous provisions.
(1)
Should a residential customer place recyclable materials for collection
in such manner that they are not cleaned from municipal waste or other
materials as required by this article and, as presented, are contaminated,
the contractor may decline to collect the same if the contractor gives
to the customer written notice of the deficiency and reasons affixed
to the container at this time the collection is refused.
[Amended 2-14-2017 by Ord. No. 2017-4]
(2)
Residential customers shall cut, bend or otherwise reduce to a length
not exceeding four feet fence boards, guttering, Christmas trees,
shrubbery, limbs, branches and other materials presented for collection
by the contractor as municipal waste.
[Amended 2-14-2017 by Ord. No. 2017-4]
(3)
The unlimited collection service method is not intended to encompass
collection of large appliances and other items in a quantity not reasonably
generated in the incidental and normal use of a residential premises.
Collection of large items from a premises presented in greater than
the volume generated by a residential use may at the contractor's
election be subject to a special service fee not exceeding that bid
and accepted by the Township in the contract award; provided, that
such fee shall be assessed only after prior notice to the customer.
(4)
Where the owner, occupant, lessee or other responsible party of a
residential premises included in the residential contract also conducts
a business enterprise from the dwelling which generates municipal
waste presented for collection, the residential contractor may assess
upon such customer an additional quarterly service fee not exceeding
75% of the quarterly contract fee for unlimited collection service.
(5)
Where this chapter specifies a particular type of bag or container
for placement of recyclable materials and/or leaf waste, an alternative
bag or container prescribed or authorized by the residential contractor
or hauler shall be permitted, so long as the alternative complies
with the objectives and requirements of this chapter.
[Amended 2-14-2017 by Ord. No. 2017-4]
A.
In considering bids received in response to its specifications and
solicitation of bids for residential collection service issued pursuant
to this chapter, the Board of Supervisors shall:
(1)
Determine whether each bidder is financially responsible;
(2)
Determine whether each bidder is capable of performing all of the
duties and obligations imposed under the proposed contract;
(3)
If it has solicited bids for alternative terms or provisions, determine
those terms and provisions to be in the best interests of the Township
and residential customers;
(4)
Look to the fixed quarterly fee bid for the unlimited collection,
transportation and disposal of municipal waste, recyclable materials
and leaf waste service method, and not to the per-bag service method
or other service options, as establishing the bid price for purposes
of evaluating the amount or price of bids received.
B.
The Board of Supervisors shall have authority to prepare such specifications
and consider such additional factors as it deems advisable for the
health, safety and welfare of the Township and residential customers.
[Amended 2-14-2017 by Ord. No. 2017-4]
A.
All hauling firms hired to collect, transport, dispose, market for
recycling and/or compost municipal waste, recyclable materials and/or
leaf waste generated by owners or occupants of properties located
in the Township shall be required to keep and maintain records and
to submit to Millcreek Township as it may require all customer lists
and reports so as to ensure compliance with federal, state and local
laws, rules or regulations, and to enable Millcreek Township to comply
with its statutory obligations and make full and proper application
for recycling and other grants available to it. Reports required by
the Township shall serve as a means to apprise the Township of the
status of disposal, recycling and composting activities and expenditures.
Such reports shall include, at a minimum:
(1)
Itemized tonnages of municipal waste disposed of in solid waste facilities;
(2)
Itemized tonnages of all recyclable materials collected, and accompanying
residue rate;
(3)
Itemized tonnages of all leaf waste collected and delivered for composting
during that period;
(4)
The identity of each solid waste disposal facility, recycling facility
and/or leaf composting facility utilized, with tonnages, and, upon
request by the Township, certified weight receipts applicable to each;
and
(5)
A listing of all properties serviced by such contractor or hauler
during the period for which the report pertains, the nature of services
provided to each and the identity of property owners.
B.
All reports shall set forth in detail the tonnages of recyclable
materials and/or leaf waste collected from mobile home parks, apartments,
condominiums and other residential properties and the tonnages of
recyclable materials marketed and leaf waste composted from such residential
collections.
C.
Hauling firms shall maintain such records as may be required to identify
and distinguish such residential properties, accounts and collections
from other, nonresidential properties, accounts and collections.
D.
Upon request by Millcreek Township, hauling firms shall certify that information set forth in § 110-14C of this chapter as to all residential use properties serviced by such hauler during the reporting period.
E.
Each report and customer list shall be accompanied by a sworn or
verified statement of the residential contractor or hauling firm,
confirming that such contractor or hauler has during the period to
which the report pertains ensured that:
(1)
All municipal waste has been disposed of in a solid waste facility
permitted under the Erie County Solid Waste Management Plan;
(2)
All recyclable materials have been separated, marketed for recycling
and proper reuse as required by this chapter and have not been landfilled,
reused in the same form or used for energy recovery; and
(3)
All leaf waste collected has been source-separated and transported
for disposition at a licensed composting facility in accordance with
the requirements of this chapter.
F.
All records of the residential contractor or registrant hauling firm
pertinent to performance of collection, transportation and disposition
services from properties in Millcreek Township shall be retained by
such contractor or hauler for a period of not less than three years
after the date of the report for which such records pertain.
G.
Violation by a residential contractor or registrant of § 110-14A and B of this chapter shall constitute a material breach of obligations owed to Millcreek Township under the Township residential collection contract, and the residential contractor shall be subject to fines and penalties prescribed in this chapter and shall be grounds for revocation or rescission by Millcreek Township of such contract.
I.
Customer lists and other reports required to be submitted to Millcreek
Township shall be in writing and, upon request by the Township, also
on CDs, USBs or other acceptable electronic media in a format prescribed
by the Township.
[Amended 4-5-2022 by Ord. No. 2022-3]
[1]
Editor’s Note: Former § 110-15, Application of
ordinance, contract and registrations, was repealed 2-14-2017 by Ord.
No. 2017-4.
A.
Millcreek Township, through its Board of Supervisors, Police Department
and code enforcement personnel authorized by the Board of Supervisors
to enforce this chapter, shall have full authority to investigate
alleged violations, issue enforcement notices, impose administrative
fines, commence civil actions for enforcement and/or collection of
fines for violation of this chapter and otherwise enforce and secure
compliance with the provisions of this chapter.
B.
Administrative and civil enforcement of this chapter shall be in accordance with Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, and Article II, Attorneys' Fees, of the Code of the Township of Millcreek (Ordinance Nos. 96-8 and 96-9), as the same may in the future be amended, and in accordance with the procedures established in said ordinances and in resolutions adopted by the Board of Supervisors.
C.
The Board of Supervisors and code enforcement personnel entrusted
with enforcement of this chapter shall have authority to issue cease-and-desist
orders, directing persons found to have violated provisions of this
chapter to cease and remedy the said violations, and shall further
have authority to seek equitable and/or injunctive relief to prohibit
violations.
D.
Violations of this chapter which are declared in this chapter or in Chapter 40, Conduct, Article II, Nuisances, of the Code of the Township of Millcreek, to constitute nuisances shall be enforced under either ordinance, and the Board of Supervisors shall have authority to abate nuisances and recover the costs thereby incurred from the responsible party.
E.
Each day that a violation of this chapter is permitted to exist shall
constitute a separate and continuing offense.
F.
Any person, corporation, partnership or other entity who/which violates any provision of this chapter shall be liable to civil proceedings for enforcement. Upon a determination by the Police Department or other code enforcement personnel that a violation of this chapter has occurred, an enforcement notice shall be given to or served upon the violator(s) in accordance with Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, of the Code of the Township of Millcreek (Ordinance No. 96-8), as may be amended. In the event such violation is not cured by the deadline set forth in the enforcement notice, code enforcement personnel shall institute a civil action for enforcement in accordance with Chapter 48, Conduct, Article I, Ordinance Enforcement.[1]
[Amended 2-14-2017 by Ord. No. 2017-4]
A.
Any person, corporation, partnership or other entity violating this
chapter shall pay the fines prescribed in this section. The following
fines are hereby prescribed for violation of this chapter:
|
Violation
|
Prescribed Fine
|
|---|---|
|
Violations relating to covered devices, § 110-9
|
$600
|
|
Failure to submit complete and timely reports to the Township, § 110-14
|
$600
|
|
$600
| |
|
$600
| |
|
Placing municipal waste, recyclable materials or leaf waste
generated on one property onto another's property
|
$600
|
|
All other violations
|
$300
|
B.
The prescribed fines shall be assessed for each day a continuing
violation occurs or is permitted to occur.
C.
In the event a violation of this chapter is believed to have occurred,
the Township shall issue a written enforcement notice, directing that
the violator take such action as the Township determines to be necessary
to remedy such violation. If such violation is not remedied within
the time allowed by such notice, the Township shall commence a civil
enforcement action in the office of the District Magisterial Judge
having jurisdiction.
D.
Violation by the residential contractor of this article may, at the
discretion of the Board of Supervisors, result in revocation or rescission
by the Township of such contract.
E.
All judgments entered in civil actions for enforcement commenced by Millcreek Township shall, in accordance with the Second Class Township Code and Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, and Article II, Attorneys' Fees, of the Code of the Township of Millcreek (Ordinance Nos. 96-8 and 96-9), as the same may in the future be amended, include the civil action fine prescribed for the violation in § 110-17A, plus all court costs and plus all attorney's fees incurred by Millcreek Township in such matter. A person found to have violated this chapter shall be responsible for payment of all attorney's fees incurred by the Township in all proceedings related to enforcement, including appeals taken by the violator.
[Amended 2-14-2017 by Ord. No. 2017-4]
A.
The Board of Supervisors shall have authority to adopt, amend, implement
and administer such policies, procedures and forms as it deems necessary
or appropriate to effectuate this chapter.
B.
The Board of Supervisors shall designate such persons to be responsible
for administering and enforcing this chapter as it deems appropriate.
C.
The Board of Supervisors shall have authority to enter into agreements
with such persons or firms as it deems appropriate to effectuate this
chapter and its purposes.
