[Ord. 928, 12/14/2009]
This Part shall be known as the "Ferguson Township Municipal
Solid Waste Ordinance."
[Ord. 928, 12/14/2009]
As used in this Part, the following terms shall have the meanings
indicated:
BULK WASTE
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.
COMMERCIAL
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).
CUSTOMER
The owner of any residential, commercial, industrial or institutional
property located within the municipality.
CONSTRUCTION AND DEMOLITION WASTE
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.
DESIGNATED AGENT
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.
DWELLING UNIT
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.
EXCLUSIVE CONTRACT
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.
FARM
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.
HAULER
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.
INDUSTRIAL
Any establishment engaging in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants and refineries.
INSTITUTIONAL
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
LEAF WASTE
Leaves, garden residue, shrubbery and tree trimmings, and
similar material but not including grass clippings. (Act 101, § 103.)
MULTIFAMILY DWELLING UNIT
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.
MUNICIPALITY
A political unit, such as a city, town, or village, incorporated
for local self-government.
MUNICIPAL SOLID WASTE
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).
PERSON
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.
RECYCLABLES
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 or added as material accepted by the Centre County Solid
Waste Authority ("CCSWA") from time to time.
REFUSE
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:
(1)
Bulk waste, including tires and appliances.
(2)
Construction/demolition waste.
(4)
Infectious/pathological waste.
(7)
Source separated recyclable materials.
(8)
Household hazardous waste.
RESIDENTIAL PROPERTY
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.
RESIDUAL WASTE
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" (Pennsylvania Act 101, § 103).
TOWNSHIP
The governmental jurisdiction and legal entity of the Township
of Ferguson, Centre County, Pennsylvania.
UNACCEPTABLE WASTE
The following categories of solid waste:
(3)
Unsterilized or unprocessed infectious or pathological waste.
(6)
Explosives and ordnance materials.
(7)
Liquid waste (i.e., containing less than 20% solids by weight
or flowable).
(8)
Drums, barrels and buckets unless lids have been removed and
interiors cleaned and free of any residue.
(10)
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]
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]
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]
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]
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, 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. 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:
AUTHORITY
Centre County Solid Waste Authority.
BIMETAL CONTAINERS
Empty beverage or food containers consisting of two metals
such as steel, tin or aluminum.
COMMERCIAL
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).
COMMUNITY ACTIVITIES
Church, school, civic, service group, municipal functions
and all other such functions.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
CURBSIDE RECYCLING COLLECTION
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
CUSTOMER
The owner of any residential, commercial, industrial or institutional
property located within the municipality.
DESIGNATED AGENT
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.
DROP-OFF SITES
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
DWELLING UNIT
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.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with
the responsibilities of administering this Part, or the official authorized
representative.
EXCLUSIVE CONTRACT
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.
GLASS CONTAINERS
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.
HAULER
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.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional and municipal establishments.
INDUSTRIAL
Any establishment engaging in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants and refineries.
INSTITUTIONAL
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
LEAD ACID BATTERIES
Includes, but not limited to, automotive, truck and industrial
batteries that contain lead.
LEAF WASTE
Leaves, garden residue, shrubbery and tree trimmings, and
similar material but not including grass clippings. (Act 101, § 103.)
MULTI-FAMILY DWELLING UNIT
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.
MUNICIPAL SOLID WASTE
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).
NEWSPAPERS
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.
PERSON
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.
RECYCLABLE MATERIALS
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 or added as material accepted by the Centre County Solid
Waste Authority ("CCSWA") from time to time.
RESIDENTIAL PROPERTY
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.
STEEL CANS
Empty all-steel food and beverage containers.
TOWNSHIP
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]
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]
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.