[Ord. 2009-04, 7/6/2009, § 1]
This Part shall be known and cited as the "Spring Township Municipal
Solid Waste Ordinance."
[Ord. 2009-04, 7/6/2009, § 2]
1.
It is the intent and purpose of this Part to promote the public health,
safety and welfare and to eliminate public health hazards, environmental
pollution and economic loss by providing that all residential, commercial,
industrial and institutional municipal solid waste accumulated or
stored upon any property within the Township shall be collected, transported
and disposed of within the following conditions:
A.
All developed properties shall be served by a licensed hauler or
through an exclusive contract with the Township.
B.
All municipal solid waste shall be collected and removed by a licensed
hauler.
C.
All municipal solid waste shall be disposed of at a facility approved
by the Township in accordance with State, Federal and County laws
and ordinances.
2.
These conditions are established to assure Township compliance with
the Municipal Waste Planning, Recycling and Waste Reduction Act, Act
of July 28, 1988 (P.L. 528, No. 101) ("Act 101").
[Ord. 2009-04, 7/6/2009, § 3]
The following words and phrases, when used in this Part, shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act, Act of July 28, 1988 (P.L. 528, No. 101).
All empty, all-aluminum beverage and food containers.
The Centre County Solid Waste Authority.
All empty beverage or food containers consisting of steel
and aluminum.
All waste materials too large for collection in ordinary
containers. Examples of bulk waste include: furniture, appliances,
carpeting and similar items. Bulk waste shall not consist of any items
that may be packaged and disposed of using regular trash collection
procedures.
Any establishment engaged in a nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters. For the purposes of this
Part, multifamily dwellings, townhomes, mobile home parks, hotels,
motels, mixed use properties (combined business/residential on a single
parcel) and farms which use commercial dumpsters shall be considered
"commercial" establishments. It does not include properties where
the primary permitted use is residential and accessory use is commercial
(e.g., home occupations).
Any church, school, civic service group, municipal functions
and all other such functions.
Lumber, roofing material, sheathing, rubble, broken concrete,
macadam, plaster and brick, conduit, pipe, insulation and other material
which results from a construction, demolition or remodeling process.
All structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
The owner of any residential, commercial, industrial or institutional
property located within the Township.
The Pennsylvania Department of Environmental Protection.
An agent acting on behalf of a municipality whose powers
and responsibilities are established in an intergovernmental agreement
or similar document.
The incineration, disposition, injection, dumping, spilling,
leaking or placing of municipal waste into or on the land or water
in such manner that the waste or a constituent of the waste enters
the environment, is emitted into the air or is discharged to the waters
of the Commonwealth of Pennsylvania.
One or more rooms on premises which have cooking facilities
and are arranged for occupancy by one person, two or more persons
living together or one family. Each dwelling unit within a noncommercial
building shall be considered an individual customer.
MULTIFAMILY DWELLINGA building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.
SINGLE-FAMILY DWELLINGA building containing one dwelling unit only.
TWO-FAMILY DWELLINGA building containing two dwelling units only.
An agreement entered into by Spring Township, or its designated
agent, with a private person or legal entity for the collection and
disposal of all municipal waste within Spring Township to the extent
provided by this Part and the agreement.
A single parcel of land of at least 10 acres, which is used
for normal agricultural purposes, including barns, greenhouses and
not more than three single-family dwelling units.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparation, cooking and consumption
of foods.
All bottles and jars made of clear, green or amber glass.
Expressly excluded are non-container glass, plate glass, blue glass,
lead crystal and porcelain and ceramic products.
All plastic bottles and jars made exclusively from high-density
polyethylene, such as milk and water jugs.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, refineries and the like.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
A person who has obtained a license from the department authorizing
said person to collect, transport and/or dispose of municipal solid
waste and bulk waste from residential, commercial, industrial and
institutional establishments.
Printed matter printed on slick or glossy paper.
The entire process or any part thereof of storage, collection,
transportation, processing, treatment and disposal of municipal waste
by any person engaging in such process.
Public facilities operated by Spring Township and other governmental
and quasi-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, industrial or institutional establishments and from community
activities; also included is any sludge not meeting the definition
of "hazardous waste" in the Pennsylvania Solid Waste Management Act,
from a municipal, commercial, industrial or institutional water supply
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" Expressly
excluded are glossy advertisements and newsprint which has been soiled.
Any person, including domestic service employees, living
and/or sleeping in a dwelling unit.
Any individual, partnership, municipal waste hauler, scrap
dealer, corporation, limited liability company, association, institution,
cooperative enterprise, municipality, municipal authority, the Federal
government or a State institution or agency, or any other legal entity
whatsoever, which is recognized by law as the subject of rights and
duties. In any provisions of this Part prescribing a fine, imprisonment
or penalty, or any combination of the foregoing, the teen "person"
shall include the officers and directors of any corporation or other
legal entity having officers and directors.
Plastic soda bottles or other containers composed of the
polymer PET.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities,
incinerators, recycling facilities and resource-recovery facilities.
Any used material having an economic value in the secondary
materials market. This term includes, but is not limited to, the following
materials: aluminum cans and articles, bimetal containers, glass containers,
corrugated paper, magazines, computer printout paper, computer tab
cards, high-grade office paper, steel cans, newspaper, paper products
not chemically coated, plastic polyethylene terephthalate (PET) bottles,
plastic high-density polyethylene (HDPE) containers and other materials
designated by the authority as having value.
Source-separated recyclable materials, including materials
listed in § 1501 of Act 101, and materials identified by
the municipalities to be recycled.
All municipal solid waste which is regulated by Act 101 and
the authority, except the following categories of solid waste:
Bulk waste, including tires and appliances.
Construction/demolition waste.
Sludge.
Infectious/pathological waste.
Ash residue.
Friable asbestos waste.
Source-separated recyclable materials.
Household hazardous waste.
Oversized refuse items.
Grass clippings.
Leaf waste.
Unacceptable waste.
At least three or more times per month.
See "dwelling unit."
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term shall
not include coal refuse as defined in the Act of September 24, 1968
(P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."
The term shall not include treatment sludge from coal mine drainage
treatment plants, disposal of which is being carried on pursuant to
and in compliance with a valid permit issued pursuant to the act of
June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of one year constitutes "disposal."
Spring Township, Centre County, Pennsylvania.
The off-site removal of any municipal waste generated or
present at any time from the Township.
The following categories of solid waste:
Hazardous waste.
Residual waste.
Chemotherapeutic waste.
Gas cylinders.
Explosives and ordnance materials.
Liquid waste (i.e., containing less than 20% solids by weight
or towable).
Drums, barrels and buckets unless lids have been removed and
interiors cleaned and free of any residue.
Radioactive materials.
Any solid waste generated outside of the Township.
[Ord. 2009-04, 7/6/2009, § 4]
It shall be the duty of every person owning a residential, commercial,
industrial or institutional property within the Township where municipal
solid waste is generated and accumulated, by his or her own expense
and cost, except as otherwise specified in this Part, to provide and
keep at all times a sufficient number of containers to hold all municipal
solid waste accumulated between intervals of collection of such waste
by a licensed hauler, and to ensure the sanitary and legal disposal
of such waste in accordance with this Part and all other Township,
State and Federal applicable laws and regulations.
[Ord. 2009-04, 7/6/2009, § 5]
1.
Containers.
A.
All refuse accumulated by owners of residential properties and/or the occupants of residential properties shall be placed in containers for collection by a licensed hauler. Refuse containers used for curbside collection shall be watertight, covered plastic or metallic cans or durable and lightweight plastic bags that can be easily and quickly handled by one person. Refuse containers shall be not less than five gallons nor more than 35 gallons capacity. The weight of a single filled container shall not exceed approximately 50 pounds. Use of bulk containers at multifamily establishments shall comply with the provisions of § 20-106, Subsection 2, below.
B.
It shall be the responsibility of each customer to keep all refuse
receptacles in good repair and sanitary condition. Any receptacle
which does not conform to the provisions of this Part or that may
have ragged or sharp edges or any other defect liable to hamper or
injure the licensed hauler shall be promptly replaced upon notice.
Failure to comply within 10 days will result in the removal of the
defective receptacle as refuse.
C.
A sufficient number of refuse receptacles shall be provided by the
customer of the premises. No container shall be so filled that the
lid will not fit tightly.
D.
More than one family or living unit on the same premises may use
the same containers, but each family must pay the established rate
as though a separate container is being used.
2.
Location of Containers. For residential properties with curbside collection, each refuse container shall be placed for collection so as to be accessible to the licensed hauler at ground level and at a point immediately behind the curbline of the street, within no more than 10 feet of the cartway of the street or alley from which the collection with a vehicle is made if there is no curbing, or at a location mutually agreeable between the resident, the Township and the licensed hauler. Failure to place containers at such locations may result in refuse not being collected. Location for collection of uncontainerized recyclable material shall be as specified by the Township. Location of bulk containers at multifamily establishments shall be in accordance with § 20-106, Subsection 2, below.
[Ord. 2009-04, 7/6/2009, § 6]
1.
Containers. Storage of municipal solid waste on commercial, industrial
and institutional properties may be done in the same type of containers
as required for residential properties or by dumpsters as may be determined
appropriate by the customer.
2.
Location of Containers. Dumpsters for the storage and collection
of municipal solid waste at commercial, industrial or institutional
properties shall be located on the customer's premises at a place
agreed upon by the customer of the commercial, industrial or institutional
property and the licensed hauler. This location, and buffering, if
required, shall be in compliance with zoning or other applicable municipal
requirements for the location of such containers. Such locations shall
not interfere with public or private sidewalks, walkways, driveways,
roads, streets, highways, alleys or entrances and exits of public
or private buildings.
[Ord. 2009-04, 7/6/2009, § 7]
It shall be unlawful for any person other than persons authorized
by license by the department to collect and/or transport municipal
solid waste, which is generated within the Township, as a regular
hauling business. Authorization for one person to collect, transport
and dispose of refuse for other persons may be given only by the department
through the issuance of a license. The Township may decide to enter
into an exclusive contract with a hauler licensed by the department
for residential and/or commercial refuse collection or any part thereof.
[Ord. 2009-04, 7/6/2009, § 8]
1.
Any person transporting municipal solid waste within the Township
shall prevent or remedy any spillage from vehicles or containers used
in the transport of such municipal solid waste. The licensed haulers
shall collect refuse in vehicles which are suitable for such collection,
which are dedicated for use in the performance of such collection
and which bear prominent legible marking, signs or decals identifying
them as being municipal solid waste collection vehicles, and stating
the name and phone number of the licensed hauler. The vehicles shall
be securely covered, watertight, strongly built and kept thoroughly
cleaned and well maintained. Except for roll-offs, open trucks or
trucks covered with tarps will not be used for the collection of municipal
solid waste. Open trucks may be used for the collection of bulk waste
and construction and demolition waste, provided the truck is tarped.
2.
The Township, or its designated agent, shall have the authority to
inspect the vehicles used for the transport of municipal solid waste
as it deems necessary to determine compliance with this Part or any
other ordinance, resolution and/or regulation of the Township. The
licensed hauler shall correct deficiencies immediately upon notification
by the Township or its designated agent, and said vehicle shall not
be used for refuse collection until the deficiencies have been corrected.
[Ord. 2009-04, 7/6/2009, § 9]
All municipal solid waste produced, collected and transported
from within the jurisdictional limits of the Township shall be disposed
of at the facilities designated in the Centre County Solid Waste Management
Plan.
[Ord. 2009-04, 7/6/2009, § 10]
It shall be unlawful for any person to bring any municipal solid
waste into the Township or to transport municipal solid waste from
one address to another within or outside of the Township for the purpose
of taking advantage of the collection service to avoid the cost of
collection.
[Ord. 2009-04, 7/6/2009, § 11]
1.
Bulk waste shall be disposed of in accordance with the Centre County
Solid Waste Management Plan at a State-permitted disposal facility,
a facility especially designated by the Township to take such bulk
items or a legitimate salvage dealer that is in the business of disposing
or recycling such items. Bulk waste may be transported in a vehicle
appropriate to the type of waste as to prevent spillage, accidental
loss, etc.
2.
Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of collecting municipal solid waste
from hauling his or her bulk waste to a State-permitted disposal facility
or to a disposal facility as designated by the Township in accordance
with the regulations of the disposal facility.
[Ord. 2009-04, 7/6/2009, § 12]
All waste materials resulting from the building, structural
alteration, repair, construction or demolition of buildings or structures
shall be disposed of as permitted by applicable Township, State and
Federal laws and regulations as may be in effect or as subsequently
imposed. It shall be the responsibility of the property owner to ensure
the disposal of such waste in accordance with applicable laws and
regulations. Nothing contained herein shall be deemed to prohibit
any person not regularly engaged in the business of collecting municipal
solid waste from hauling his or her construction and demolition waste
to a State-permitted disposal facility or to a disposal facility as
designated by the Township in accordance with the regulations of the
disposal facility.
[Ord. 2009-04, 7/6/2009, § 13]
1.
Nothing contained herein shall prohibit a farmer from carrying out
normal farming operations, including composting or spreading of manure
or other farm-produced agricultural waste not otherwise prohibited
or regulated for land applications. All such practices must be conducted
in compliance with applicable Township, State and Federal laws and
regulations as may be in effect or subsequently imposed.
2.
The provisions of this Part do not apply to anything but the storage,
collection, transportation and disposal of municipal solid waste and
do not apply, therefore, to hazardous or residual waste as defined
by the Pennsylvania Solid Waste Management Act and its amendments.
All hazardous or residual waste must be disposed of in compliance
with applicable Township, State and Federal laws and regulations as
may be in effect or subsequently imposed.
[Ord. 2009-04, 7/6/2009, § 14]
1.
It shall be the duty and responsibility of every owner of property
and every person occupying a dwelling unit, premises or place of business
within the Township where municipal solid waste is produced and is
accumulated to pay a service fee for the collection and disposal of
this waste, except as otherwise provided by this Part, to a licensed
hauler, exclusive contractor or to the Township. A licensed hauler,
exclusive contractor or the Township may discontinue service for nonpayment
of service fees by a resident, commercial, industrial or institutional
establishment. To discontinue residential service, the customer shall
be in arrears a minimum of 90 days and shall have received during
this period a minimum of two written notices from the licensed hauler
regarding the amount due and procedures for payment. The second notice
shall be sent by certified mail. At the time of the discontinuance
of service, the customer shall be considered in violation of this
Part. Discontinuance of service due to nonpayment of service fees
shall not relieve the customer from abiding by all of the requirements
of this Part. The Township, or its designated agent, licensed hauler
or exclusive contractor, may impose an administrative fee to reinstate
customers whose service is disconnected.
A.
Service Charges. The cost of such residential, commercial, industrial
or institutional municipal solid waste collection service, and the
responsibility of payment therefor, shall be borne by the owner of
the premises from which said municipal solid waste is collected or
upon which premises said refuse is accumulated and disposed of. No
agreement between an owner and occupant or other person shall relieve
the owner of any premises from liability for payments as set forth
hereinafter.
B.
Charges to Be Established by Resolution. All service fees established
under an exclusive contract for the collection of municipal solid
waste by the Township shall be established by a resolution of the
Township. Service charges so established shall be reviewed at least
annually and adjusted as necessary to ensure that all costs involved
in the collection and disposal of municipal solid waste under the
exclusive contract, including the administrative costs of the Township
or its designated agent, are covered by the service charges.
[Ord. 2009-04, 7/6/2009, § 15]
1.
Violations and Penalties. Any person violating any of the provisions
of this Part shall, upon conviction by a district justice, be subject
to a fine of not less than $100 nor more than $1,000, together with
the cost of prosecution, or imprisonment in the Centre County Prison
for a period of not more than 30 days. Every violator of the provisions
of this Part shall be deemed guilty of a separate offense each and
every day such violation continues and shall be subject to the penalty
imposed by this section for each and every separate offense.
2.
Other Remedies. In addition to the foregoing penalty, the Township
may require the owner or occupant of a property to remove any accumulation
of municipal solid waste, and should said person fail to remove such
municipal solid waste after five days following written notice, the
Township may cause the solid waste to be collected and disposed of
with the cost for such action to be charged to the owner or occupant
of the property. Failure by the owner or occupant of the property
to pay said charges within 30 days of notice may result in a lien
being filed against the property.
[Ord. 2009-04, 7/6/2009, § 16]
This Part shall be subject to all applicable Federal, State
and municipal laws and ordinances as well as rules and regulations
as set forth by the Department.
[Ord. 2009-04, 7/6/2009, § 18]
This Part may be amended from time to time in accordance with
the procedures as established by law.
[Ord. 2009-04, 7/6/2009, § 19]
This Part shall become effective upon adoption by the Township.
The provisions of this Part relating to commercial, industrial and
institutional establishments shall become effective 60 days after
adoption.
[Ord. 2009-04, 7/6/2009, § 20]
This Part shall be known as the "Spring Township Recycling Ordinance,"
and the same may be cited in that manner.
[Ord. 2009-04, 7/6/2009, § 21]
1.
The Township, recognizing that the reclamation of recyclable materials
has become an important method for addressing the growing solid waste
disposal problem through conservation of landfill space, preservation
of natural resources and a reduction in energy consumption, does hereby
authorize the storage, collection and transportation of recyclable
materials in accordance with the provisions of the Municipal Waste
Planning, Recycling and Waste Reduction Act, Act of July 28, 1988
(P.L. 528, No. 101) ("Act 101"), the Centre County Solid Waste Management
Plan and this Part.
2.
This Part is intended to be an integral part of an overall system
designed to facilitate recycling and foster the cooperation of the
residents.
[Ord. 2009-04, 7/6/2009, § 22]
The following words and phrases, when used in this Part, shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act, Act of July 28, 1988 (P.L. 528, No. 101).
All empty, all-aluminum beverage and food containers.
The Centre County Solid Waste Authority.
All empty beverage or food containers consisting of steel
and aluminum.
Any portion of a tree, bush, thicket, shrub or scrub, other
than leaves, that is to be discarded.
All waste materials too large for collection in ordinary
containers. Examples of bulk waste include: furniture, appliances,
carpeting and similar items. Bulk waste shall not consist of any items
that may be packaged and disposed of using regular trash collection
procedures.
Any establishment engaged in a nonmanufacturing or non-processing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters. For the purposes of this
Part, multifamily dwellings, townhomes, mobile home parks, hotels,
motels, mixed use properties (combined business/residential on a single
parcel) and farms which use commercial dumpsters shall be considered
"commercial" establishments. It does not include properties where
the primary permitted use is residential and accessory use is commercial
(e.g., home occupations).
Any church, school, civic service group, municipal functions
and all other such functions.
Lumber, roofing material, sheathing, rubble, broken concrete,
macadam, plaster and brick, conduit, pipe, insulation and other material
which results from a construction, demolition or remodeling process.
All structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
The owner of any residential, commercial, industrial or institutional
property located within the Township.
The Pennsylvania Department of Environmental Protection.
An agent acting on behalf of a municipality whose powers
and responsibilities are established in an intergovernmental agreement
or similar document.
The incineration, disposition, injection, dumping, spilling,
leaking or placing of municipal waste into or on the land or water
in such manner that the waste or a constituent of the waste enters
the environment, is emitted into the air or is discharged to the waters
of the Commonwealth of Pennsylvania.
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
One or more rooms on premises which have cooking facilities
and are arranged for occupancy by one person, two or more persons
living together or one family. Each dwelling unit within a noncommercial
building shall be considered an individual customer.
MULTIFAMILY DWELLINGA building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.
SINGLE-FAMILY DWELLINGA building containing one dwelling unit only.
TWO-FAMILY DWELLINGA building containing two dwelling units only.
The official designated herein or otherwise charged with
the responsibilities of administering this Part or the official's
representative.
An agreement entered into by Spring Township, or its designated
agent, with a private person or legal entity for the collection and
disposal of all recyclable materials within Spring Township to the
extent provided by this Part and the agreement.
A single parcel of land of at least 10 acres, which is used
for normal agricultural purposes, including barns, greenhouses and
not more than three single-family dwelling units.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparation, cooking and consumption
of foods.
All bottles and jars made of clear, green or amber glass.
Expressly excluded are non-container glass, plate glass, blue glass,
lead crystal and porcelain and ceramic products.
All plastic bottles and jars made exclusively from high-density
polyethylene, such as milk and water jugs.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, refineries and the like.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter printed on slick or glossy paper.
The entire process or any part thereof of storage, collection,
transportation, processing, treatment and disposal of municipal waste
by any person engaging in such process.
Public facilities operated by Spring Township and other governmental
and quasi-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, industrial or institutional establishments and from community
activities; also included is any sludge not meeting the definition
of "hazardous waste" in the Pennsylvania Solid Waste Management Act,
from a municipal, commercial, industrial or institutional water supply
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" Expressly
excluded are glossy advertisements and newsprint which has been soiled.
Any person, including domestic service employees, living
and/or sleeping in a dwelling unit.
Any individual, partnership, municipal waste hauler, scrap
dealer, corporation, limited liability company, association, institution,
cooperative enterprise, municipality, municipal authority, the Federal
government or a State institution or agency, or any other legal entity
whatsoever, which is recognized by law as the subject of rights and
duties. In any provisions of this Part prescribing a fine, imprisonment
or penalty, 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.
Plastic soda bottles or other containers composed of the
polymer PET.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities,
incinerators, recycling facilities and resource-recovery facilities.
Any used material having an economic value in the secondary
materials market. This term includes, but is not limited to, the following
materials: aluminum cans and articles, bimetal containers, glass containers,
corrugated paper, magazines, computer printout paper, computer tab
cards, high-grade office paper, steel cans, newspaper, paper products
not chemically coated, plastic polyethylene terephthalate (PET) bottles,
plastic high-density polyethylene (HDPE) containers and other materials
designated by the authority as having value.
Source-separated recyclable materials, including materials
listed in § 1501 of Act 101, and materials identified by
the municipalities to be recycled.
All municipal solid waste which is regulated by Act 101 and
the authority, except the following categories of solid waste:
Bulk waste, including tires and appliances.
Construction/demolition waste.
Sludge.
Infectious/pathological waste.
Ash residue.
Friable asbestos waste.
Source-separated recyclable materials.
Household hazardous waste.
Oversized refuse items.
Grass clippings.
Leaf waste.
Unacceptable waste.
At least three or more times per month.
See "dwelling unit."
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term shall
not include coal refuse as defined in the Act of September 24, 1968
(P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."
The term shall not include treatment sludge from coal mine drainage
treatment plants, disposal of which is being carried on pursuant to
and in compliance with a valid permit issued pursuant to the Act of
June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."
Empty all-steel food and beverage containers.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of one year constitutes "disposal."
Spring Township, Centre County, Pennsylvania.
The off site removal of any municipal waste generated or
present at any time from the Township.
The following categories of solid waste:
Hazardous waste.
Residual waste.
Chemotherapeutic waste.
Gas cylinders.
Explosives and ordinance materials.
Liquid waste (i.e., containing less than 20% solids by weight
or flowable).
Drums, barrels and buckets unless lids have been removed and
interiors cleaned and free of any residue.
Radioactive materials.
Any solid waste generated outside of the Township.
[Ord. 2009-04, 7/6/2009, § 23]
Those recyclable materials separated under the provisions of
this Part shall not be considered municipal waste and shall not be
subject to provisions of Township ordinances relating to the disposal
of municipal solid waste at authority facilities; provided, however,
it is a requirement under this Part that all recyclable materials
must be disposed of at Authority facilities.
[Ord. 2009-04, 7/6/2009, § 24]
The Township hereby establishes a program for the mandatory
separation of recyclables from municipal waste by residential dwellings
and commercial, industrial and institutional establishments.
[Ord. 2009-04, 7/6/2009, § 25]
1.
All recyclable materials generated within the Township shall be collected by a refuse hauler. Commercial, industrial and institutional establishments may utilize an individual recycling program in conformance with § 20-207.
2.
The Township or its designated agent may, through a competitive bidding
process, award an exclusive service contract for all or part of recycling
collection. The Township or its designated agent may enter into an
exclusive service contract with another government entity for all
or part of recycling collection.
[Ord. 2009-04, 7/6/2009, § 26]
1.
Commercial, industrial and institutional establishments conducting
their own recycling programs, not under an exclusive contract as may
be established by the Township for the collection of recyclables,
shall file with the Township, or its designated agent, and have approved
by the Township, or its designated agent, plans for individual recycling
programs which provide for, at a minimum, the recycling of items listed
in rules and regulations for the recycling program.
2.
In addition to filing an individual recycling plan, commercial, industrial
and institutional customers who choose to establish an individual
recycling program are required to submit semiannually to the Township,
or its designated agent, weigh slips or other certification which
show by weight and type the material recycled by that establishment.
If weigh slips are not used, the form of certification to be submitted
under this section requires the prior approval of the Township, or
its designated agent. Required information is due within 60 days of
the end of the reporting period designated in the regulations for
the recycling program.
3.
An individual recycling plan for commercial, industrial or institutional
establishments shall provide the following information:
A.
Applicant's company name, address, telephone number, contact
person and owner's name.
B.
Company name, address, telephone number and contact person for entity
providing the recycling service.
C.
Description of materials to be recycled, frequency of collection,
method of storage and how service will be provided.
D.
Form of certification to assure proper disposal of recyclable materials.
E.
Municipality in which the establishment is located.
F.
Other information as may be required by the Township, or its designated
agent, which is intended to assure the proper disposal of recyclable
materials.
[Ord. 2009-04, 7/6/2009, § 27]
The Township, or its designated agent, shall establish and promulgate
regulations on the manner, days and time of collection of recyclable
materials and for the bundling, handling, location and time of placement
of such materials for collection. Regulations shall be promulgated
for each of the programs undertaken for residential dwelling units
and commercial, industrial and institutional establishments.
[Ord. 2009-04, 7/6/2009, § 28]
1.
Lead-Acid Batteries. No person shall place a used lead-acid battery
in mixed municipal solid waste, or discard or otherwise dispose of
a lead-acid battery except by delivery to an automotive battery retailer
or wholesaler, to a secondary lead smelter permitted by the Environmental
Protection Agency, or to a collection or recycling facility authorized
under the laws of the Commonwealth of Pennsylvania.
2.
Separation and Disposal of Leaf Waste, Brush Waste and Grass Clippings.
A.
Leaf Waste. All residential and commercial, industrial or institutional
establishments that gather leaves shall separate all leaf waste from
municipal solid waste and place it for collection at the times and
in the manner theretofore or hereafter prescribed by the Township.
B.
Brush Waste. All residential and commercial, industrial or institutional
establishments that gather brush shall separate all brush waste from
municipal solid waste and place it for collection at the times and
in the manner theretofore or hereafter prescribed by the Township.
C.
Grass Clippings. All residential customers and commercial, industrial
or institutional establishments that mow and subsequently collect
grass from their lawns shall separate all grass clippings from municipal
solid waste. All persons responsible for grass cutting are encouraged
to recycle the clippings on the lawn as mulch or through composting.
All grass clippings not left on the lawn or privately composted shall
be deposited at Township-designated grass recycling drop-off locations.
No leaf, brush waste or other non-grass materials are permitted at
the Township-designated drop-off locations. The Township-designated
grass recycling drop-off locations are for the sole use of Township
residents and businesses for grass originating in the Township.
D.
Nothing herein shall require any person to gather leaf waste, brush
waste, or grass clippings or prevent any person from utilizing such
for compost, mulch or other agricultural, horticultural, silvicultural,
gardening or landscape purposes.
[Ord. 2009-04, 7/6/2009, § 29]
1.
It is understood that any recyclable materials located at the curbline
are the property of the Township. It is further understood that any
recyclable materials deposited in storage bins associated with multifamily
residential dwellings shall belong to the property owner. Recyclable
materials deposited in containers owned by the authority are the property
of the authority.
2.
It shall be a violation of this Part for any person to collect or
remove or cause to be collected or removed any such recyclable materials
specified by the Township rules and regulations unless authorized
by the Township or its designated agent. Each such collection in violation
hereof shall constitute a separate and distinct offense punishable
as outlined herein.
[Ord. 2009-04, 7/6/2009, § 30]
The Board of Supervisors shall appoint an enforcement officer
or officers to enforce and administer the provisions of this Part.
[Ord. 2009-04, 7/6/2009, § 31]
Any person may donate or sell recyclable materials to individuals
or organizations. Otherwise, such materials are to be placed at curbside,
in drop-off facilities or storage bins, or similar authorized locations
for collection by the exclusive contractor or licensed hauler, as
applicable.
[Ord. 2009-04, 7/6/2009, § 32]
1.
Nonparticipation.
A.
Upon the discovery of any violation under the terms of this Part,
the Township may, through its authorized agent, give notice to the
owner or occupant of a violation hereunder, either by personal delivery
to such owner or occupant, by United States mail directed to the last
known address of such person or persons, as shown in the real estate
registry records of the Township, or by leaving the same on the premises
where such violation occurs.
B.
Such person shall, within seven days after the delivery, mailing or leaving of such notice, make settlement by paying to the Treasurer of the Township a sum as specified by Township resolution, which may from time to time be amended by Township resolution, for the violation. Upon the failure of such person to make settlement, as aforesaid, within seven days, the Township may institute an action for violation pursuant to Subsection 2 of this section.
C.
Nothing contained in this Part shall affect, in any way, the provisions
of this Part regarding separate offenses for every day any violation
occurs.
2.
Fines for Nonparticipation or Nonpayment. On neglect or refusal of
the occupant of any dwelling serviced by curbside recycling collection;
residential dwelling unit; or commercial, industrial or institutional
establishment to separate recyclable materials from municipal solid
waste and place them at curbside or sites established by the Township,
or its designated agent, or make settlement as otherwise provided
in this section, that person shall, upon conviction before a district
justice of such violation, be sentenced to pay a fine specified by
Township resolution, which may from time to time be amended by Township
resolution, together with the costs of prosecution, to be collected
as now provided by law. Each violation shall constitute a separate
offense.
3.
Unauthorized Collection. If any person, firm, corporation or other
entity, unauthorized by the Township or its designated agent, collects
or removes or causes to be collected or removed any such recyclable
materials as specified in the Township regulations, or in violation
of the provisions of this Part, such person, firm, corporation or
other entity shall, upon conviction by a district justice in a summary
proceeding, be subject to a fine specified by Township resolution,
which may from time to time be amended by Township resolution, together
with the costs of prosecution. Upon judgment against any such defendant
by summary conviction, and on default of the payment of the payment
of the fine or penalty imposed and the costs, such defendant may be
sentenced and committed to the County jail for a period not exceeding
30 days. Each day of a violation shall constitute a separate and distinct
offense and shall be subject to separate summary proceedings before
a district justice and subject to a penalty imposed by this Part for
each and every day such violation shall continue.
4.
Pilfering of Collection Containers. If any person is responsible
for pilfering of collection containers issued to a residence slated
for either curbside collection or any other phase of the Township
recycling program, such person shall, upon conviction by a district
justice in a summary proceeding, be subject to a fine specified by
Township resolution, which may from time to time be amended by Township
resolution, together with the costs of prosecution. Upon judgment
against any such defendant by summary conviction, and on default of
the payment of the payment of the fine or penalty imposed and the
costs, such defendant may be sentenced and committed to the county
jail for a period not exceeding 30 days. Each day of a violation shall
constitute a separate and distinct offense and shall be subject to
separate summary proceedings before a district justice and subject
to a penalty imposed by this Part for each and every day such violation
shall continue. The affected resident will be responsible for replacing
any missing container through purchase from the Township or its designated
agent.
[Ord. 2009-04, 7/6/2009, § 33]
This Part shall be subject to all applicable Federal, State
and municipal laws and ordinances as well as rules and regulations
as set forth by the department.
[Ord. 2009-04, 7/6/2009, § 35]
This Part may be amended from time to time in accordance with
the procedures as established by law.
[Ord. 2009-04, 7/6/2009, § 36]
This Part shall become effective upon adoption by the Township.
Provisions of this Part relating to commercial, industrial and institutional
establishments shall become effective 60 days after adoption.
