[HISTORY: Adopted by the Township Council of the Township
of O'Hara as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-21-2023 by Ord. No. 1409[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Storage, Collection and Disposal, adopted 6-11-2013 by Ord. No. 1268, as amended.
The short title of this article shall be the "Township of O'Hara
Solid Waste Ordinance," and the same may be cited in that manner.
Township of O'Hara Ordinance No. 1268 is hereby repealed
in its entirety.
The following words and phrases used throughout this article
shall have the following meanings:
The Pennsylvania Solid Waste Act of 1980 (P.L. 380, No. 97
of July 7, 1980) as amended.[1]
Poultry and livestock manure, or residual materials in liquid
or solid form, generated in the production and/or marketing of poultry,
livestock, fur-bearing animals and their products, provided such waste
is not a hazardous waste. The term includes the residual materials
generated in producing, harvesting, and/or marketing of all agronomic,
horticultural, silvicultural, and marketing of all agronomic, horticultural,
silvicultural, and agricultural crops or commodities grown on what
are usually recognized and accepted as farms, forest, or other agricultural
lands. Manure from Township-permitted chicken coops and/or runs in
residential zones that is properly disposed of in the municipal waste
stream is not considered agricultural waste.
The collection of municipal solid waste from residential
properties at a location other than curbside.
Plastic sack designed for municipal waste with sufficient
wall strength to maintain physical integrity when lifted by the top
with a capacity not to exceed 40 gallons and a loaded weight not to
exceed 50 pounds.
Material resulting from landscaping or trees, such as leaves,
limbs or twigs from trees, or cuttings from trees, shrubbery, hedges
and similar matter.
Large waste items including, but not limited to, appliances,
furniture, and similar items, but does not include automobile parts,
excessive construction and demolition waste, stones, rocks, and similar
items.
A receptacle provided by the Township's Collector used
for the temporary storage of solid waste while awaiting collection.
The entity or entities authorized by the Township to collect
solid waste from residences, or authorized by multifamily rental housing
properties, or by commercial and institutional establishments that
do not receive collection services from the Township to collect solid
waste from those establishments.
Those properties used primarily for commercial and industrial
purposes, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, theaters, factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
All solid waste generated by commercial and industrial businesses.
Recyclable glass, aluminum, metal cans, plastics and papers
mixed together or combined into one container.
All waste building materials, grubbing waste, and rubble
resulting from construction, remodeling, repair, and demolition operations
on houses, commercial buildings, and other structures and pavements.
The Council of the Township of O'Hara.
From any structure, a point at the side of a public roadway
abutting the property or from a structure abutting a private roadway,
a point at the side of the private roadway, provided the property
owner has issued a waiver for collection vehicles to travel along
the roadway for collection.
The Pennsylvania Department of Environmental Resources and
its authorized representatives.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged into
the waters of the Commonwealth of Pennsylvania.
Any solid waste derived from animal, grain, fruit, or vegetable
which is capable of being decomposed by microorganisms with sufficient
rapidity to cause such nuisances as odors, gases, or vectors. This
does not include sewage or sewage sludge or human excrement.
Waste designated as "hazardous" by the United States Environmental
Protection Agency or the Pennsylvania Department of Environmental
Protection.
The Allegheny County Health Department, Pennsylvania.
Any establishment engaged in service, including educational,
health care, correctional, and like facilities.
All solid waste generated by institutional establishments.
A person who has obtained a license from the Commonwealth
of Pennsylvania and/or from Allegheny County or its designee. Said
licenses will be issued under the Waste Transportation Safety Act
(Pennsylvania Act 90), 27 Pa.C.S.A. § 6201 et seq., and
the Municipal Waste Planning, Recycling, and Waste Reduction Act (Pennsylvania
Act 101), 53 P.S. § 4000.101 et seq., authorizing said person
to collect, transport, and/or dispose of municipal solid waste, recyclable
materials and bulk waste from residential, commercial, industrial,
and institutional establishments.
Any properties having four or more dwelling units per structure
that are not primarily composed of individually owned units. Examples
of such are rental apartments and townhouses.
Garbage, refuse, rubbish, lunchroom or office waste, and
other material, including solid, liquid, semisolid, or contained gaseous
material, resulting from operation of residential, municipal, commercial,
or institutional establishments and from community activities; and
any sludge not meeting the definition of residual or hazardous waste
under the Solid Waste Management Act 97 of 1980,[2] P.L. 380, as amended, from a municipal, commercial, or
institutional water supply treatment plant, wastewater treatment plant,
or air pollution control facility.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, state institution and agency, or any other
legal entity which is recognized by law as the subject of rights and
duties. In any provisions of this article 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.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual 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, and resource recovery facilities.
Discarded waste materials in a solid or semiliquid state,
consisting of garbage, rubbish or a combination thereof.
Any occupied single-family dwellings, or multifamily dwellings
that are primarily composed of individually owned units, for which
the Township provides municipal waste collection service.
All garbage and rubbish generated by residences or multifamily
housing properties.
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 "residual
waste" shall not include coal refuse as defined in the "Coal Refuse
Disposal Control Act," Act 52 of 1968, P.L. 1040, No. 318, P.S. § 30.51
et seq. Residual waste 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 "Clean Streams Law," Act 394 of 1937, P.L. 1987, 35 P.S. § 691.1
et seq.
All nonputrescible municipal waste and bulky waste.
The unauthorized removal of solid waste placed for collection
or from a solid waste processing or disposal facility.
Any course screening, grit, and dewatered or air-dried sludges
from sewage treatment plants and pumping from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97, as amended.
Any waste, including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous material.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of three calendar
months constitutes disposal.
Any public or private road capable of accommodating the passage
of solid waste collection vehicles.
The Township of O'Hara, Allegheny County, Pennsylvania.
The duly appointed Manager of the Township of O'Hara.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
A.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the Township any garbage,
rubbish, bulky waste, or any other municipal or residual solid waste
except in accordance with the provisions of this article, any Department
rules and regulations adopted pursuant to Act 97, as amended, and
the Allegheny County Health Department Rules and Regulations, Article
VIII, Solid Waste and Recycling Management.
B.
It shall be unlawful for any person to burn any solid waste within
the Township.
C.
It shall be unlawful for any person to dispose of any solid waste
in the Township except in accordance with the provisions of this article,
any Department rules and regulations adopted pursuant to Act 97, as
amended, and the Allegheny County Health Department Rules and Regulations,
Article VIII, Solid Waste and Recycling Management.
D.
It shall be unlawful for any person to haul, transport, collect,
or remove any solid waste from public or private property within the
Township without first securing a required license or permit from
the Commonwealth of Pennsylvania and/or from Allegheny County or its
designee.
E.
It shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the Township.
F.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the Township except at an approved and permitted resource
recovery facility under Act 97, as amended, and any Department rules
and regulations adopted pursuant to Act 97, as amended.
G.
It shall be unlawful for any person to throw, place, or deposit,
or cause or permit to be thrown, placed, or deposited, any solid waste
in or upon any street, alley, sidewalk, body of water, or public or
private property within the Township except as provided in this article.
A.
General regulations.
(1)
The storage of all solid waste shall be practiced so as to prevent
the attraction, harborage or breeding of insects, rodents or vermin,
and to eliminate conditions harmful to public health or which create
safety hazards, odors, unsightliness, or public nuisances.
(2)
Any person producing municipal waste shall obtain a sufficient number
of collection container(s) from the Collector, up to a maximum of
three trash containers, to store all waste materials generated during
periods between regularly scheduled collections and shall place and
store all waste materials therein.
(3)
All municipal waste shall be drained free of liquids before being
placed in collection container(s).
(4)
All garbage or other putrescible waste shall be securely wrapped
in plastic or similar material or placed in properly tied plastic
bags and placed in collection container(s).
(5)
All chicken manure must be tied and sealed in a plastic garbage bag,
weigh no more than 50 pounds, and placed in collection container(s).
(6)
Collection container(s) shall be kept tightly sealed or covered at
all times. Solid waste shall not protrude or extend above the top
of the container.
(7)
Collection container(s) shall be used and maintained so as to prevent
public nuisances.
(8)
Collection container(s) that do not conform to the standards of this
article shall not be used.
(9)
Collection container(s) shall be kept in a sanitary condition at
all times. The interior of the container(s) shall be thoroughly cleaned,
rinsed, drained, and disinfected, as often as necessary to prevent
the accumulation of liquid residues or solids.
(10)
Collection container(s) shall always be properly stored on the
owner's property at all times. Container(s) may not be stored
in the front of a property.
(11)
Bulky waste items such as furniture and appliances shall be
stored in a manner that will prevent the accumulation or collection
of water, the harborage of rodents, safety hazards, and fire hazards.
Doors must be removed from all major appliances before they can be
picked up.
(12)
Household refrigerators, freezers, window air-conditioning units,
dehumidifiers and any other items containing refrigerant must have
the refrigerant removed and the item stamped or tagged indicating
refrigerant has been removed prior to collection.
(13)
When specified by the Township, special preparation and storage
procedures may be required to facilitate the collection and resource
recovery of certain waste materials.
B.
Specific regulations for residences: storage.
(1)
Collection container(s) used for backyard collection of garbage at
single-family dwellings shall have a capacity of no more than 40 gallons
each and a loaded weight of not more than 50 pounds per container.
A limit of two such containers per residence is permitted for backyard
collection. The use of such collection container(s) at multifamily
dwellings shall be subject to the approval of the Township.
(2)
Trash may not be stored in plastic bags outside.
(3)
The type, size, and placement of bulk waste container(s) used by
multifamily dwellings shall be subject to the approval of the Township.
C.
Specific regulations for multifamily rental housing properties and
commercial and institutional establishments: storage.
(1)
The storage of all municipal waste from all multifamily rental properties,
and commercial and institutional establishments, is subject to the
regulations and standards set forth in this article.
(2)
Only reusable collection containers are permitted to be used for
the storage of municipal waste.
(3)
The type, size, and placement requirements for bulk collection containers
shall be determined by the waste generator and collector, subject
to the approval of the Township.
A.
General regulations (contractor collection).
(1)
All municipal waste collected within the Township shall ultimately
be disposed of only at a landfill cited in the Allegheny County Solid
Waste Plan - 1994 or on subsequent revisions thereto.
(2)
Any trucks or other vehicles used for the collection and transportation
of municipal waste must comply with the requirements of Act 97, as
amended, and any Department regulations adopted pursuant to Act 97,
as amended, and must be licensed by the Allegheny County Health Department.
(3)
All collection vehicles conveying municipal waste and garbage shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors, the creation of odors, and other nuisances.
(4)
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards, and nuisances.
(5)
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
(6)
All solid waste collection shall be conducted Monday through Saturday
between the hours of 6:00 a.m. and 6:00 p.m., unless prior approval
or any exception has been granted by the Township Manager. No collection,
hauling, or transporting of solid waste shall be permitted on Sunday.
B.
Specific regulations for residences (collection).
(1)
The Township shall provide for the collection of all residential
solid waste, and bulky wastes from residences through the use of a
contract with a private collector or collectors to provide this service.
(2)
All residences shall utilize the collection service provided by the
Township.
(3)
All residential solid waste shall be collected at least once per
week.
(4)
Collection container(s) containing garbage at single-family dwellings
shall be placed at the curb, not in the street, no earlier than 24
hours before the day of collection, and no later than 6:00 a.m. the
day of collection.
(5)
To be considered eligible for backyard garbage collection service,
the Township must receive a note from a physician indicating the resident
is physically incapable of placing the collection container(s) containing
garbage at the curb. A resident may also make private arrangements
with the Township's Collector for backyard service.
(6)
Collection container(s) used for backyard collection of garbage at
single-family dwellings shall be placed in an accessible location
not in excess of 100 feet from a street no later than 6:00 a.m. the
day of collection.
(7)
Collection container(s) located in a residence or garage are not
eligible for backyard collection services.
(8)
One bulk item shall be collected once per month during the first
full week of the month. Bulk items shall be placed at the curb no
later than 6:00 a.m. on the same day as trash collection during the
bulk collection week.
(9)
More than one bulk item may be arranged for pickup for a fee by contacting
the Township's Collector.
(10)
Household refrigerators, freezers, window air-conditioning units,
dehumidifiers and any other items containing refrigerant must have
the refrigerant removed and the item stamped or tagged indicating
refrigerant has been removed prior to collection. Such items shall
be considered bulk items.
(11)
All container(s) used for curb collection must be returned to
the storage place no later than 10:00 p.m. on the day of collection.
(12)
For multifamily dwellings, the placement of collection container(s)
containing garbage, and the placement of rubbish and bulky wastes
for collection, shall be subject to the approval of the Township.
C.
Specific regulations for multifamily rental housing properties and
commercial and institutional establishments (collection).
(1)
All multifamily rental housing properties and all commercial and
institutional establishments shall individually contract with any
properly licensed collector of their choice for solid waste collection
services.
(2)
Rubbish collection shall be made as often as necessary to control
health hazards, odors, pests, and unsightly conditions. The Township
reserves the right to require more frequent collection when deemed
necessary.
A.
All multifamily rental housing properties and commercial and institutional
establishments shall be responsible for paying the costs of their
own solid waste collection and disposal services.
B.
Council may at any time establish fees for the collection of residential
solid waste from residences to be paid to the Township by persons
requiring such service.
C.
The Township's Collector and any other licensed collectors shall
be responsible for the collection of any fees for private arrangement
or private contract solid waste collection and disposal services provided
to any individual, residential, commercial, or institutional source
located within the Township.
All appeals from the provisions contained in this article shall
be made to the Township Manager in writing.
The Township may petition the appropriate court for an injunction,
either mandatory or prohibitive, to enforce any of the provisions
of this article.
Any person who violates any provision of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense.
In the event that any section, paragraph, sentence, clause,
or phrase of this article be declared unconstitutional or invalid
for any reason, the remainder of this article shall not be invalidated
by such action.
Any ordinances or any part of any ordinance which conflict with
this article are hereby repealed insofar as the same affects this
article.
This article shall take effect immediately.
[Adopted 6-11-2013 by Ord. No. 1269]
The short title of this article shall be the "Township of O'Hara
Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article
shall have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, as amended.[1]
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum (i.e., commonly referred to as "tin" cans).
The entity or entities authorized by the Township to collect
recyclable materials from residences, or authorized by multifamily
housing properties, or by commercial, municipal and institutional
establishments that do not receive collection services from the Township
to collect recyclable materials from those establishments.
Those properties used primarily for commercial or industrial
purposes.
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Structural paper materials with an inner core shaped in rigid
parallel furrows and ridges.
The Council of the Township of O'Hara.
Empty steel or tin-coated food or beverage containers.
Empty bottles and jars made of clear, green or brown glass.
Expressly excluded are noncontainer glass, plate glass, automotive
glass, light bulbs, blue glass and porcelain and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
Those facilities that house or serve groups of people including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Includes but not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals.
Any properties having four or more dwelling units per structure
which are not primarily composed of individually owned units. Examples
of such are rental apartments and townhouses.
Public facilities operated by the Township and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semisolid or contained gaseous materials,
resulting from the operation of all residential, municipal, commercial
or institutional establishments and from community activities and
any sludge not meeting the definition of residual or hazardous waste
in the Solid Waste Management Act[2] from a municipal, commercial or institutional water supply
treatment plan, wastewater treatment plant or air pollution control
facility. The term does not include commingled recyclable materials.
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 have been soiled.
Owners, lessees, and occupants of residences and commercial,
municipal and institutional establishments.
Any container used for carrying, storing or disposing of
groceries, wearing apparel, other retail/wholesale purchased items.
Empty plastic containers; commonly used for milk, clothes
and dish washing soaps and other cleaning products.
Empty plastic food and beverage containers.
Materials generated by residences, multifamily housing properties,
and commercial, municipal and institutional establishments which are
specified by the Township and can be separated from municipal waste
and returned to commerce to be reused as a resource in the development
of useful products. Recyclable materials may include, but are not
necessarily limited to, metal food and beverage cans, empty aerosol
cans, clean aluminum foil and foil products, plastic bags (bundled),
plastic containers No. 1 through No. 7, plastic milk cartons, plastic
beverage bottles, bleach detergent, household cleaner bottles, yogurt
cups, cottage cheese and ricotta cheese containers, margarine tubs,
shampoo and body wash bottles, glass beverage bottles and food jars
(clear, brown, amber and green), paperboard (cereal boxes, tissue
boxes, empty paper towel and toilet paper rolls), white office/computer
paper, magazines, newspapers, advertising inserts, junk mail and envelopes,
catalogs, phone books, paperback books, hardback books with covers
removed, coupons, receipts, paper bags and shopping bags (with handles
removed), corrugated paper (fluted corrugated sheet and one or two
flat linerboards, i.e., cardboard, shipping boxes), and any other
items selected by the Township or specified in future revisions to
Act 101. The recyclable materials selected by the Township may be
revised from time to time as deemed necessary by the Township Manager.
The collection, separation, recovery and sale or use of metals,
glass, paper, leaf waste, plastics and other materials which would
otherwise be disposed or processed as municipal waste or the mechanized
separation and treatment of municipal waste (other than through combustion)
and creation and recovery of reusable materials.
Any occupied single-family dwellings, or multifamily dwellings
that are primarily composed of individually owned units or have less
than four rental units per structure, for which the Township provides
municipal waste collection service.
An unseparated mix of all recyclable grades and types of
paper items used in offices for which one unit price is offered by
a recycling broker or market.
The Township of O'Hara, Allegheny County, Pennsylvania.
The duly appointed Manager of the Township of O'Hara.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the PA Department of Environmental Protection
for beneficial use.
A.
The Township hereby establishes a recycling program for the mandatory
separation and collection of recyclable materials and the separation,
collection and composting of leaf waste from all residences, multifamily
rental housing properties, and all commercial, municipal and institutional
establishments located in the Township for which waste collection
is provided by the Township or any other collector. Collection of
recyclable materials shall be made once per week by the Township,
its designated agent, or by any other solid waste collectors operating
in the Township and authorized to collect recyclable materials from
residences or multifamily rental housing properties. Collection of
recyclable materials shall be made at least once per month from commercial,
municipal, and institutional establishments. The recycling program
shall also contain a sustained public information and education program
as required by Act 101, as amended.
B.
Specific program regulations are provided as an attachment to this
article.[1] The Township Manager is empowered to make changes to program regulations as necessary, as described in § 380-19. Subsequent changes in the program regulations may be made by the Township Manager after public notice to all affected parties.
[1]
Editor's Note: The recycling program regulations are available
from the Township office.
C.
This article is ordained pursuant to the Home Rule Charter of the
Township of O'Hara.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article. Persons
may not discard or otherwise dispose of a lead acid battery except
by delivery to an automotive battery dealer 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.
A.
Residential. All persons who are residents of the Township shall
separate all of those recyclable materials designated by the Township
Manager from all other municipal waste produced at their homes, apartments
and other residential establishments, store such materials for collection,
and shall place same for collection in accordance with the guidelines
established hereunder.
(1)
The Township shall provide for the collection of recyclable materials
from all residences through the use of its own employees, or it may
contract with a private collector or collectors to provide this service.
(a)
For all single-family dwellings and multifamily dwellings with
less than four dwelling units, recyclable materials shall be placed
at the curbside in individual recycling containers provided by the
hauler or Township for collection. Any containers provided to such
dwellings for collection of recyclable materials shall be the property
of the hauler or Township, whichever is applicable, and shall be used
only for the collection of recyclable materials. The recycling container
is assigned to the individual home. The container must stay with the
location even with the sale of the property. Use of recycling containers
for any purpose other than the designated recycling program or use
of the recycling containers by any person other than the person allocated
such container(s) shall be a violation of this article.
(b)
For all multifamily dwellings having more than four dwelling
units where the Township provides collection service, all recyclable
materials shall be placed in a bulk collection container or containers
provided by and acceptable to the Township.
(c)
For all multifamily dwellings having more than four dwelling
units where the Township provides collection service, the owner's
association, or manager or agent representing the owner's association
must establish a collection system for such property. Written instructions
to the occupants concerning the use and availability of the system
must be provided by the owner's association, or manager or agent representing
the owner's association. The owner's association, or manager or agent
representing the owner's association who comply with this article
shall not be liable for non-compliance of occupants of their buildings.
(d)
The collector authorized by the Township to collect recyclable
materials from residences shall submit an annual report to the Township
Manager reporting the tonnage of each and all materials collected
from residences for the previous year. The report shall be submitted
to the Township Manager by January 31 for the preceding year.
(2)
All multifamily rental housing properties shall individually contract
with any private collector or collectors of their choice for the collection
of recyclable materials.
(a)
An owner, landlord, manager or agent of an owner, landlord or
manager of multifamily rental housing properties may comply with its
recycling responsibilities by establishing a collection system at
each property. The collection system must include suitable containers
for collecting accessible locations for the containers, and written
instructions to the occupants concerning the use and availability
of the collection system. Owners, landlords, managers and agents of
owners, landlords or managers who comply with this article shall not
be liable for noncompliance of occupants of their buildings.
(b)
Owners, landlords, agents of owners or landlords, or the private
collector(s) shall submit an annual report to the Township reporting
the tonnage of each material recycled during the previous year. The
report shall be submitted to the Township Manager by January 31 for
the preceding calendar year.
(3)
All persons must separate leaf waste from other municipal waste generated
at their houses, apartments and other residential establishments for
collection by the Township unless those persons have otherwise provided
for the composting of leaf waste.
(a)
Leaves shall be collected by the Township in the spring and
fall of each year. To insure collection, all persons must place their
leaves at the curbline. The dates for the collection of leaves by
the Township shall be established by the Township Manager.
(b)
Tree limbs and brush shall be collected by the Township in the
spring and fall of each year. To insure collection, limbs and brush
shall be placed at the curbline. Brush must be separated from tree
limbs and securely tied in bundles not to exceed 16 inches in diameter.
All root balls or dirt must be removed. Brush with root balls or dirt
attached will not be collected. Limbs that are four inches or less
in diameter may not exceed six feet in length. Limbs that are more
than four inches but less than six inches in diameter may not exceed
four feet in length. Limbs more than six inches in diameter will not
be collected. Each property is limited to one truckload of brush equal
to about six cubic yards. The dates for the collection of tree limbs
and brush shall be given by public notice.
[1]
The Township's contracted hauler will provide at least one day
a month for the collection of brush and limbs from May through September.
This may be a call-in service or curb service at the discretion of
the contracted hauler.
B.
Commercial, municipal, institutional and community activities.
(1)
Persons must separate high-grade office paper, aluminum, corrugated
paper, leaf waste, and such other materials as may be designated by
the Township Manager generated at commercial, municipal and institutional
establishments and from community activities and store the recyclable
materials until collection. Collection must be on a regular basis.
A person instituting their own recycling program may be exempted from
this subsection by:
(a)
Providing for the recycling of high-grade office paper, aluminum,
corrugated paper, leaf waste and other materials designated by the
Township Manager.
(b)
Submitting, at a minimum, an annual recycling report to the
Township Manager by January 31 of each year. The report shall document
the amount of municipal waste generated per year as well as the type
and tonnage of materials that were recycled in the previous calendar
year. Valid documentation shall include information from an end-use
market, recycler, or waste hauler which describes and verifies the
type and tonnage of each recyclable material that was collected and
marketed.
[1]
Documentation may be in the form of one of the following:
[a]
Copies of weight receipts or statements which consolidate
such information;
[b]
A report from the provider of recycling collection
services which identifies the amount of each material collected and
marketed. The type and tonnage of recyclables generated by an individual
establishment may be approximated based on a representative sample
of its source-separated materials; or
[c]
A report from the provider of waste collection
services that identifies the type and tonnage of each recyclable material
collected and marketed in cases where recyclables are commingled with
the establishment's waste. The type and tonnage of recyclables generated
by an individual establishment may be approximated based on a representative
sample of its waste.
[2]
For Subsection B(1)(b)[1][b] and [c] where recyclables from
several establishments are collected in the same vehicle, an individual
establishment's contribution to the load may be apportioned. Only
the weight of materials marketed for recycling purposes can be credited
to an establishment.
(2)
If recyclable materials are collected by a collector other than the
Township or its authorized agent, the collector for or occupants of
said establishments shall submit an annual report to the Township
reporting the type and tonnage of materials recycled during the previous
calendar year. The report shall be submitted to the Township Manager
by January 31 for the preceding year.
(3)
All employees, users and residents of commercial, municipal and institutional
establishments must be informed of the establishment's recycling program.
The education program shall describe the program's features and requirements,
and shall include at a minimum an annual program meeting and an orientation
to the program upon the arrival of a new employee or resident. Receptacles
shall be clearly marked with the recycling symbol and the type of
recyclable material that is to be placed in the receptacle, and signs
shall be prominently displayed stating the requirements of the program.
(4)
Commercial, municipal and institutional establishments which generate
more than 2,200 pounds of municipal waste per month should also implement
a waste minimization opportunity assessment which includes:
(a)
Waste characterization, including source, generation rate, management
techniques, and management costs. The assessment should expressly
consider high-grade office paper, aluminum, corrugated paper, leaf
waste and any other materials generated in significant quantities.
(b)
A description of all possible waste minimization options, including
use and waste reclamation.
(c)
An evaluation of the economic and technical feasibility of each
option and a ranking of each option.
(d)
An estimate of the payback period for each feasible option.
(e)
A statement of which options will be implemented, including
an explanation and a timetable.
(f)
Identification of the individual(s) who will be responsible
for implementing the plan.
(5)
The waste minimization plan shall be periodically updated. Implementation
of the plan shall include:
(a)
Recycling or composting of materials, to the greatest extent
feasible, either privately or through a municipal recycling program.
(b)
Use, to the greatest extent feasible, of products and materials
which are recyclable or made of post-consumer materials.
(c)
Substitution, to the greatest extent feasible, of durable and
reusable products and materials for products that are not durable
or reusable.
(d)
Appropriate educational materials and signs should be made available
to employees or the public to encourage participation in recycling
and waste reduction.
C.
All recycling collection activity shall be conducted Monday through
Saturday between the hours of 6:00 a.m. and 6:00 p.m., unless prior
approval or any exception has been granted by the Township Manager.
No collection, hauling or transporting of recyclables shall be permitted
on Sunday.
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this article shall from time of placement at the curb become the property of the Township or the authorized collector, except as otherwise provided by § 380-17 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm or corporation, other than the Township or one authorized by the Township or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences, multifamily rental housing properties, or by commercial, municipal and institutional establishments for collection by the Township or an authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided for in § 380-19C.
Any residential or commercial, municipal or institutional establishment
may donate or sell recyclable materials to any person, firm or corporation,
whether operating for profit or not, provided that the receiving person,
firm or corporation shall not collect such donated recyclable materials
from the collection point of a residence or commercial, municipal
or institutional establishment without prior written permission from
the Township or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this article. The collected recyclable
materials shall be taken to a recycling facility. Disposal by collectors
or operators of recycling facilities of commingled recyclable materials
in landfills or the burning of such materials in incinerators is prohibited.
A.
The Township Manager is hereby authorized and directed to make reasonable
rules and regulations for the operation and enforcement of this article
as deemed necessary, including, but not limited to:
(1)
Establishing specific recyclable materials to be separated for collection
and recycling by residences, multifamily rental housing properties,
and additional recyclable materials to be separated by commercial,
municipal and institutional establishments.
(2)
Establishing collection procedures for recyclable materials.
(3)
Establishing reporting procedures for amounts of materials recycled.
(4)
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
(5)
Establishing procedures and rules for the collection of leaf waste.
B.
Except as provided for in § 380-16, any person, firm or corporation who shall violate the provisions of this article shall receive an official written warning of noncompliance for the first and second offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
C.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
The Township reserves the right not to collect municipal waste containing
recyclable materials in combination with nonrecyclable materials.
The Township may enter into (an) agreement(s) with public or
private agencies or firms to authorize them to collect all or part
of the recyclable materials from curbside.
The Township Manager may, from time to time, modify, add to or delete from the regulations as authorized in § 380-19.
