[Ord. 928, 12/14/2009]
This Part shall be known as the "Ferguson Township Municipal
Solid Waste Ordinance."
[Ord. 928, 12/14/2009]
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 municipality shall be collected,
transported and disposed of within the following conditions:
A.
All residential properties shall be served by the municipality's
contracted hauler.
B.
All nonresidential properties not subject to the municipality's
contract shall have contracted waste service with a hauler.
C.
All municipal solid waste shall be disposed of at an approved facility,
in accordance with the Centre County Solid Waste Management Plan,
as well as municipal, state, federal and county laws and ordinances.
[Ord. 928, 12/14/2009]
As used in this Part, the following terms shall have the meanings
indicated:
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. Multifamily dwelling units,
manufactured 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. Does not
include properties where primary permitted use is residential and
accessory use is commercial (i.e., home occupations).
The owner of any residential, commercial, industrial or institutional
property located within the municipality.
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.
An agent such as the Centre Region Council of Governments
acting on behalf of a municipality whose powers and responsibilities
are established in an intergovernmental agreement or similar document.
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 residential customer served
by curbside refuse and recycling collection.
An agreement entered into by Ferguson Township, or its designated
agent, with a private person or corporation for the collection and
disposal of all municipal waste generated within the boundaries of
the municipality 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.
A person who collects, transports and/or disposes of municipal
solid waste, recyclable materials and bulk waste from residential,
commercial, industrial and institutional establishments or community
activity. The term may be applied to a person having the exclusive
right to collect within the municipality. All such haulers shall comply
with the provisions under the Pennsylvania Waste Transportation Safety
Act (Act 90), as well as all federal, state, county and local laws,
rules and regulations.
Any establishment engaging in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Leaves, garden residue, shrubbery and tree trimmings, and
similar material but not including grass clippings. (Act 101, § 103.)
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains five or more dwelling units.
A political unit, such as a city, town, or village, incorporated
for local self-government.
Any garbage, refuse, industrial lunchroom or office waste
and any other material including solid waste, liquid, semisolid or
contained gaseous materials resulting from the operation of residential,
municipal, commercial, industrial or institutional establishments
and from community activities, and any sludge not meeting the definition
of residual or hazardous waste in the Solid Waste Management Act from
a municipal, commercial, industrial or institutional water supply
treatment plant, waste water treatment plant or air pollution control
facility (Pennsylvania Act 101, § 103).[1]
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
The collection and separation of aluminum, steel, and bimetal
cans; green, brown, blue, and clear glass; newsprint and bundles of
magazines; unwanted mail; mixed office paper; paperboard; all plastic
bottles (1 through 7); domestic corrugated cardboard; empty aerosol
and paint cans; and any other materials per § 1501 of State
Act 101[2] or added as material accepted by the Centre County Solid
Waste Authority ("CCSWA") from time to time.
All municipal solid waste which is regulated by State Act
101 and the Centre County Solid Waste 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.
A "dwelling unit" under single ownership or organized as
a condominium or cooperative form of housing, which contains one,
two, three or four dwelling units.
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."[3] 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" (Pennsylvania Act 101, § 103).[4]
The governmental jurisdiction and legal entity of the Township
of Ferguson, Centre County, Pennsylvania.
The following categories of solid waste:
Hazardous waste.
Residual waste.
Unsterilized or unprocessed infectious or pathological waste.
Chemotherapeutic waste.
Gas cylinders.
Explosives and ordnance 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 municipality.
[Ord. 928, 12/14/2009]
It shall be the duty of every person owning a residential, commercial,
industrial or institutional property within the municipality where
municipal solid waste is generated and accumulated, by his/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 hauler; and to ensure the sanitary and legal disposal
of such waste in accordance with this Part and all other municipal,
state and federal applicable laws and regulations.
[Ord. 928, 12/14/2009]
1.
All refuse accumulated by owners of residential properties and/or the occupants of residential properties shall be placed in containers for collection by a 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 in capacity. The weight of a single filled container shall not exceed 40 pounds. Use of bulk containers at multifamily establishments shall comply with the provisions of § 20-106, Subsection 1, below.
2.
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 hauler shall be promptly replaced upon notice. Failure
to comply within 10 days will result in the removal of the defective
receptacle as refuse.
3.
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.
4.
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.
5.
Location of Containers. For residential properties with curbside collection, each refuse container shall be placed for collection so as to be accessible to the 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 municipality and the hauler. Failure to place containers at such locations may result in refuse not being collected. Pickup at alternate locations may occur in accordance with agreement between customer and hauler. Location of bulk containers at multifamily dwelling units shall be in accordance with § 20-106, Subsection 2, below.
6.
Failure to remove refuse containers from the curb or street after
seven days shall constitute a violation of this ordinance, subject
to the penalties contained herein.
7.
Persons with physical disabilities (due to age, poor health, or as
defined in the Americans with Disabilities Act) whose residence is
included under the municipality's exclusive contract may place
refuse at other-than-street or alley locations at no additional charge
when approved by the municipal manager or his/her designee.
[Ord. 928, 12/14/2009]
1.
Containers. Storage of municipal solid waste on commercial, industrial and institutional properties shall be done in a dumpster for collection by a hauler. If the amount of waste generated per week is less than a two-yard dumpster the same type of containers as required for residential properties as defined in § 20-105 shall be allowed if agreed upon by both the customer and the hauler.
2.
Location of Containers. Dumpsters for the storage and collection
of municipal solid waste at commercial, industrial or institutional
properties shall be placed, whenever possible, at ground level and
at a point on the property being serviced by the hauler which will
enable clear and easy access to the dumpster by the hauler's
vehicle. The location on the customer's premises shall be at
a place agreed upon by the customer of the commercial, industrial
or institutional property and the 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 regular travel upon public or private sidewalks,
walkways, driveways, roads, streets, highways, alleys or entrances
and exits of public or private buildings.
[Ord. 928, 12/14/2009]
It shall be unlawful for any person other than persons defined
herein to collect and/or transport municipal solid waste, which is
generated within the municipality, as a regular hauling business.
The municipality may decide to enter into an exclusive contract for
residential and/or commercial refuse collection or any part thereof.
[Ord. 928, 12/14/2009]
1.
Any person transporting municipal solid waste within the municipality
shall prevent or remedy any spillage from vehicles or containers used
in the transport of such municipal solid waste. The haulers shall
collect municipal solid waste in vehicles which are suitable for such
collection, which are dedicated for use in 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 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, provided
that the truck is tarped.
2.
The municipality, 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 municipality.
The hauler shall correct deficiencies immediately upon notification
by the municipality or its designated agent, and said vehicle shall
not be used for refuse collection until the deficiencies have been
corrected.
[Ord. 928, 12/14/2009]
All municipal solid waste produced, collected and transported
from within the jurisdictional limits of the municipality shall be
disposed of at the facilities designated in the Centre County Solid
Waste Management Plan. Editor's Note; The County plan is on file
in the County offices.
[Ord. 928, 12/14/2009]
It shall be unlawful for any person to bring any municipal solid
waste into Ferguson Township or to transport municipal solid waste
from one address to another within or outside of the municipality
for the purpose of taking advantage of the collection service to avoid
the cost of collection.
[Ord. 928, 12/14/2009]
1.
Bulk waste shall be disposed of in accordance with the Centre County
Solid Waste Management Plan at a permitted disposal facility, a facility
especially designated by the municipality 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 so 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/her bulk waste to a permitted disposal facility or
to a disposal facility as designated by the municipality in accordance
with the regulations of the disposal facility.
[Ord. 928, 12/14/2009]
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 municipality, county,
state and federal laws and regulations as may be in effect or as may
be 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/her construction and demolition
waste to a state permitted disposal facility or to a disposal facility
as designated by the municipality in accordance with the regulations
of the disposal facility.
[Ord. 928, 12/14/2009]
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 municipal, 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 municipal, state and federal laws and regulations
as may be in effect or subsequently imposed.
[Ord. 928, 12/14/2009]
For reasons of health and sanitation, it shall be unlawful for any person to accumulate or permit to accumulate upon private property in the municipality, any of the types of refuse and bulk waste defined within § 20-103 of this Part.
[Ord. 928, 12/14/2009]
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 municipality where municipal solid waste is generated to
pay a service fee for the collection and disposal of this waste, except
as otherwise provided by this Part, to a hauler, exclusive contractor
or to the municipality. A hauler, exclusive contractor or the municipality
may discontinue service for nonpayment of service fees by a residential,
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 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 resident or establishment from
abiding by all of the requirements of this Part. The municipality,
or its designated agent, hauler or exclusive contractor may impose
an administrative fee to reinstate customers whose service is disconnected.
[Ord. 928, 12/14/2009]
The cost of such residential or commercial municipal solid waste
collection service, and the responsibility of payment therefore, shall
be borne by the owner of the premises from which said municipal solid
waste is collected or upon which premises said municipal solid waste
is generated 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.
[Ord. 928, 12/14/2009]
All service fees established under an exclusive contract for
the collection of municipal solid waste by the municipality shall
be established by a resolution of the municipal Board of Supervisors.
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 municipality,
or its designated agent, are covered by the service charges.
[Ord. 928, 12/14/2009]
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. If the defendant neither pays nor timely appeals the
judgment, the municipality may enforce the judgment pursuant to the
applicable rules of civil procedure. 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.
[Ord. 928, 12/14/2009]
In addition to the foregoing penalty, the municipality may require the owner or occupant of a property to remove any accumulation of waste as identified under § 20-114, and should said person fail to remove such waste after five days following written notice, the municipality may cause the 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 will result in a lien being filed against the property.
[Ord. 928, 12/14/2009]
This Part or any part thereof may be amended from time to time
in accordance with the procedures as established by law.
[Ord. 928, 12/14/2009]
This Part shall be known as the "Ferguson Township Recycling
Ordinance" and the same may be cited in that manner.
[Ord. 928, 12/14/2009]
The Township of Ferguson recognizing 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 (No. 101), the Centre
County Solid Waste Management Plan[1], This Part is intended to be an integral part of an overall
system designed to facilitate recycling and foster the cooperation
of the residents.
[1]
Editor's Note: The County plan is on file in the County
offices, and this Part.
[Ord. 928, 12/14/2009]
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 Part:
Empty all-aluminum beverage and food containers.
Centre County Solid Waste Authority.
Empty beverage or food containers consisting of two metals
such as steel, tin or aluminum.
Any establishment engaged in a nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters. Multifamily dwelling units,
manufactured 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. Does not
include properties where the primary permitted use is residential
and accessory use is commercial (i.e., home occupations).
Church, school, civic, service group, municipal functions
and all other such functions.
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 municipality.
An agent, such as the Centre Region Council of Governments,
acting on behalf of the municipality whose powers and responsibilities
are established in an intergovernmental agreement or similar document.
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
One or more rooms or 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 residential customer served
by curbside refuse and recycling collection.
The official designated herein or otherwise charged with
the responsibilities of administering this Part, or the official authorized
representative.
An agreement entered into by Ferguson Township, or its designated
agent, with a private person or corporation for the collection and
disposal of all municipal waste generated within the boundaries of
the municipality to the extent provided by this Part and the agreement.
Bottles and jars made of clear, green or amber glass. Expressly
excluded are noncontainer glass, automobile glass, plate glass, blue
glass, lead crystal and porcelain and ceramic products.
A person who collects, transports and/or disposes of municipal
solid waste, recyclable materials and bulk waste from residential,
commercial, industrial and institutional establishments or community
activity. The term may be applied to a person having the exclusive
right to collect within the municipality. All such haulers shall comply
with the provisions under State Act 90, as well as all federal, state,
county and local laws, rules and regulations.
Plastic bottles and jars made exclusively from noncolored
high-density polyethylene, such as milk and water jugs.
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional and municipal establishments.
Any establishment engaging in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Includes, but not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves, garden residue, shrubbery and tree trimmings, and
similar material but not including grass clippings. (Act 101, § 103.)
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains five or more dwelling units. A political unit, such as a
city, town, or village, incorporated for local self-government.
Any garbage, refuse, industrial lunchroom or office waste
and any other material including solid waste, liquid, semisolid or
contained gaseous materials resulting from the operation of residential,
municipal, commercial, industrial or institutional establishments
and from community activities, and any sludge not meeting the definition
of residual or hazardous waste in the Solid Waste Management Act from
a municipal, commercial, industrial or institutional water supply
treatment plant, waste water treatment plant, or air pollution control
facility (Pennsylvania Act 101, Section 103).[1]
All paper of the type commonly referred to as newsprint and
distributed at fixed intervals having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded are newspapers which are wet, yellowed or soiled.
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Plastic soda bottles composed of the polymer PET.
The collection and separation of aluminum, steel, and bimetal
cans; green, brown, blue, and clear glass; newsprint and bundles of
magazines; unwanted mail; mixed office paper; paperboard; all plastic
bottles (one through 7); domestic corrugated cardboard; empty aerosol
and paint cans; and any other materials per § 1501 of State
Act 101[2] or added as material accepted by the Centre County Solid
Waste Authority ("CCSWA") from time to time.
A "dwelling unit" under single ownership or organized as
a condominium or cooperative form of housing, which contains one,
two, three or four dwelling units.
Empty all-steel food and beverage containers.
The governmental jurisdiction and legal entity of the Township
of Ferguson, Centre County, Pennsylvania.
[Ord. 928, 12/14/2009]
Those recyclable materials separated under the provisions of
this Part shall not be considered municipal waste and shall not be
subject to the provisions of municipal ordinances which require disposal
of municipal solid waste at the Centre County Solid Waste Authority
facilities by a hauler as defined herein.
[Ord. 928, 12/14/2009]
The municipality hereby establishes a program for the mandatory
separation of recyclables from municipal solid waste by residential
dwellings and commercial, industrial and institutional establishments.
[Ord. 928, 12/14/2009]
Drop-off facilities may be sited for use by those residential
and commercial properties located within Centre County not serviced
by a curbside route. Occupants of these residential and commercial
properties shall be responsible for the separation of recyclable materials
from municipal solid waste and their preparation and delivery to drop-off
sites established by the municipality.
[Ord. 928, 12/14/2009]
1.
All recyclable material accumulated by owners of residential, commercial,
industrial and institutional properties and/or occupants of said properties
shall be placed in containers for collection by a hauler.
2.
It shall be the responsibility of each customer to keep all recycling
receptacles in good repair and sanitary condition.
3.
More than one family or dwelling 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.
4.
Location of Containers. For residential and commercial properties
recycling containers shall be placed near refuse containers for collection.
Pickup at alternate locations may occur in accordance with agreement
between customer and hauler.
[Ord. 928, 12/14/2009]
1.
All recyclable materials generated within the municipality shall be collected by a hauler. A commercial, industrial and institutional establishment may utilize an individual recycling program in conformance with § 20-209.
2.
The municipality or its designated agent may, through a competitive
bidding process, award an exclusive service contract for all or part
of residential recycling collection.
[Ord. 928, 12/14/2009]
1.
Commercial, industrial and institutional establishments conducting
their own recycling programs, not in conjunction with a hauler or
under an exclusive contract as may be established by the municipality
for the collection of municipal waste and recyclables, shall file
with the municipality or its designated agent and have approved by
the municipality 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 municipality
or its designated agent, weigh slips or other certification which
show by weight and type of material recycled by that establishment.
If weigh slips are not used, the form of certification requires the
prior approval of the municipality 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 municipality or its designated
agent which is intended to assure the proper disposal of recyclable
materials.
[Ord. 928, 12/14/2009]
The municipality 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. 928, 12/14/2009]
1.
Lead Acid Batteries. No person shall place a used lead acid battery
in mixed municipal solid waste, 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.
Leaf Collection. All residential customers and commercial, industrial
or institutional establishments who 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 municipality. Nothing herein shall require any person to gather
leaf waste or prevent any person from utilizing leaf waste for compost,
mulch or other agriculture, horticulture, silvicultural, gardening
or landscape purposes.
[Ord. 928, 12/14/2009]
It is understood that any recyclable materials located at the
curbline are the property of the municipality. It is further understood
that any recyclable materials deposited in storage bins associated
with commercial, industrial and institutional establishments belong
to the property owner. Recyclable materials deposited in containers
owned by the Centre County Solid Waste Authority are the property
of the Authority.
[Ord. 928, 12/14/2009]
For reasons of health and sanitation, it shall be unlawful for any person to accumulate or permit to accumulate upon private property in the municipality, any of the types of recyclables defined within § 20-203 of this Part.
[Ord. 928, 12/14/2009]
The Board of Supervisors shall appoint an enforcement officer
or officers to enforce and administer the provisions of this Part.
[Ord. 928, 12/14/2009]
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 hauler as applicable.
[Ord. 928, 12/14/2009]
1.
Nonparticipation.
A.
Upon the discovery of any violation under the terms of this Part,
the municipality 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 municipality, 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 municipality a sum of not more than $600 for the violation. The failure of such person to make a settlement, as aforesaid, within seven days, the municipality may institute an action for violation pursuant to Subsection 2.
C.
Nothing contained in this section 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 municipality or its designated agent, or make a settlement as provided in Subsection 1, that person shall, upon conviction before a district justice of such violation, be sentenced to pay 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. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each violation shall constitute a separate offense.
3.
Unauthorized Collection. If any person, firm, corporation or other
entity, unauthorized by the municipality or its designated agent collects
or removes or causes to be collected or removed any such recyclable
materials as specified in the Ferguson 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 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.
If the defendant neither pays nor timely appeals the judgment, the
municipality may enforce the judgment pursuant to the applicable rules
of civil procedure. 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
section for each and every 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 Ferguson
Township recycling program, such person shall, upon conviction by
a district justice in a summary proceeding 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. If the defendant neither pays nor timely
appeals the judgment, the municipality may enforce the judgment pursuant
to the applicable rules of civil procedure. 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 such violation
shall continue. The affected resident will be responsible for replacing
any missing container through purchase from the municipality or its
designated agent.
