[Ord. 98-2, 3/23/1998, § 1; as amended by Ord. 04-6, 9/27/2004, § 4]
As used in this part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ASHES
Coal ashes, coke ashes, wood ashes and other residue resulting from the burning of other fuels used for heating and cooking purposes.
AUTHORIZED COLLECTOR
Any person or business entity issued a permit by the Township under the provisions of this part, or anyone registered with the Township to engage in the waste collection business under this part.
COMBUSTIBLE RUBBISH
Paper, rags, excelsior, straw, boxes, mattresses, old shoes, leather scrap, rubber scrap, carpets, oilcloth, Christmas trees, prunings from vines, trees, shrubbery, etc., and other flammable waste materials other than those described under the terms "garbage" and "noncombustible rubbish."
DISPOSAL
Storage, collection, disposal or handling of garbage.
DWELLING
Place of residence within the Township of New Hanover of one or more persons where refuse is generated through normal living habits. It shall not include apartments or buildings devoted to multiple-family occupancy.
GARBAGE
Any offal or refuse of fish, fruit, vegetables, animal matter or any other organic substance, subject to fermentation or decay, including matters liquid or solid, house and store sweepings and tin cans which contain animal or vegetable matter.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial 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, 35 P.S. § 6018.101 et seq., from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
NONCOMBUSTIBLE RUBBISH
Glass, tinware, wire, crockery, metal, waste materials and other nonflammable refuse.
OCCUPANT
Person generally in possession and control of any dwelling.
PERSON
Any natural person, association, partnership, firm or corporation.
PRIVATE HAULER
An authorized collector other than the Township designated hauler which is properly and timely elected by a residential unit to be responsible for that residential unit's trash and recyclables collection, transportation and disposal needs.
REFUSE
All solid waste, except human body wastes, including garbage, ashes and rubbish.
RUBBISH
Glass, metal, paper, plant growth, wood or nonrecyclable solid waste.
SOLID WASTE
Any waste including, but not limited to, municipal, residual or hazardous units including solid, liquid, semisolid or contained gaseous materials.
TOWNSHIP DESIGNATED HAULER
An authorized collector with whom the Township has contracted for the collection, transportation and proper disposal of municipal waste and recyclables from such residential units as exist within the Township who have not properly and timely elected (utilizing a procedure established by the Township) to retain or utilize the services of an authorized collector other than the Township designated hauler.
[Ord. 98-2, 3/23/1998, § 1; as amended by Ord. 04-6, 9/27/2004, § 5]
1. 
All municipal waste consisting of garbage, refuse, rubbish and ashes as herein defined shall be collected, as hereinafter provided, by the Township of New Hanover and/or its subcontractor(s) pursuant to the rules and regulations as herein or hereinafter adopted by resolution of the Board of Supervisors, and the costs and expenses of the collection and removal of the municipal waste, garbage, refuse, rubbish and ashes shall be paid for by the owners of all improved and inhabited properties within the Township and those from whose premises/dwelling said municipal waste, garbage, refuse, rubbish and ashes shall be removed, or by the person or persons responsible for the existence of such municipal waste, garbage, refuse, rubbish or ashes as provided by the schedule of fees provided to the Township by the haulers registering with the Township in accordance with the provisions of § 20-203 of this part.
2. 
Township Designated Hauler. Pursuant to a request for bids and a contract between the Township and the low bidder under such request for bids, the Board of Supervisors will designate a hauler as the Township designated hauler for the term of the current contract. The Board of Supervisors of New Hanover Township shall be empowered, from time to time, to name other persons or business entities as the Township designated hauler upon the execution of contracts for similar municipal waste collection, transportation and disposal services, or as otherwise may be permitted under the terms of the applicable contract. In the event the Township designated hauler is in default of the terms of the contract with Township, which default remains uncured for a period of five business days, the Township may, at its option, pursue all available legal or equitable remedies, and may permit the affected resident(s) to select an alternative private hauler.
3. 
Collection by Township Designated Hauler. Commencing on the date specified in a written notice to all residential and commercial units in the Township and subject to the exception set forth in Subsection 4 below, all municipal waste, bulk items, white goods, appliances, leaf waste, grass clippings and recyclable materials from units within New Hanover Township shall be collected, transported and properly disposed of by the Township designated hauler who shall be bound by all applicable federal, state and county laws, Township ordinances and the written contract between the Township and the hauler. In the event the Township designated hauler is in default of the terms of the contract with Township, which default remains uncured for a period of five business days, the Township may, at its option, pursue all available legal or equitable remedies, and may permit the affected resident(s) to select an alternative private hauler.
4. 
Exception; Collection by Private Haulers. Any residential unit in the Township may elect to have its municipal waste, bulk items, white goods, appliances, leaf waste, grass clippings and recyclable materials collected by an authorized collector other than the Township designated hauler, provided that:
A. 
The residential unit has, consistent with Subsection 5 below, properly and timely notified the Township of its election not to utilize the Township designated hauler on the form supplied by the Township or the Township designated hauler for such election or by such other writing as shall reasonably provide the Township with notice of such election by the residential unit. Authorized collectors other than the Township designated hauler shall be known as "private haulers" for purposes of this part.
B. 
The private hauler elected by the residential unit shall provide trash collection, transportation and disposal services, as well as recycling services, in accordance with the applicable federal, state, county and Township statutes, ordinances and regulations.
C. 
Exemption. Any residential unit establishing, to the satisfaction of the Board of Supervisors, that it properly and legally utilizes an alternative method of disposal and recycling services may request an exemption from the requirements of this part. The determination on a request for exemption is within the sole discretion of the Board of Supervisors.
5. 
Procedure to Elect Services by Private Hauler. The procedure by which a residential unit in the Township may elect to have its trash collection and recycling services provided by a private hauler rather than by the Township designated hauler shall be as follows:
A. 
The Township shall compile a list of the names and addresses of all residential units in the Township on properties containing four dwelling units or less.
B. 
The Township designated hauler shall send a notice, on a form previously approved by the Township, to all residential units in the Township reasonably advising such residential units of the trash and recycling collection, transportation and disposal services to be provided by the Township designated hauler under its contract with the Township. Such notice shall also clearly and objectively inform such residential units of their right to elect to have their trash and recycling collections services performed by an authorized collector other than the Township designated hauler. Such notices shall contain a pre-addressed form, tear-off or postcard by which the residential unit may notify the Township of its election to have its trash and recycling collection services performed by an authorized collector other than the Township designated hauler. Such notices shall be dated and shall provide that any election by a residential unit of an authorized collector other than the Township designated hauler must be received by the Township within 30 calendar days from the date of the notice in order for such election to be effective.
C. 
Upon timely receipt by the Township of notices from residential units electing an authorized collector other than the Township designated hauler, the Township shall compile and prepare a list of residential units from which a proper and timely election has been received. Such list shall contain, in addition to the name and address of the residential unit, the name of the authorized collector which has been elected or named by the residential unit in lieu of the Township designated hauler. A copy of the list containing the name and address of each residential unit electing a particular authorized collector shall be provided to the authorized collector. Each such authorized collector, in turn, shall certify to the Township that the residential units on the list are being provided all of the trash and recycling collection services mandated by the Township under its ordinances.
D. 
The Township shall also prepare a list of all residential units known to exist in the Township from which a proper and timely election notice has not been received. Such list shall be delivered to the Township designated hauler as the official list of residential units to be served by the Township designated hauler under this part and its contract with the Township.
E. 
A residential unit which initially elects to receive trash and recyclable collection services from an authorized collector other than the Township designated hauler may switch to any other authorized collector operating within the Township upon written notification from the residential unit and the new hauler sent to the Township within five business days of such change.
F. 
A residential unit which originally elects to receive its trash and recyclable collection services from an authorized collector other than the Township designated hauler, but who subsequently wishes to obtain these services from the Township designated hauler may do so upon written notification to the Township and the Township designated hauler. Such notice shall constitute an election to receive such services from the Township designated hauler for the balance of the remaining term of the contract between the Township and the Township designated hauler.
G. 
New occupants of a residential unit within the Township (e.g., a new tenant; the purchaser of a new home; or the purchaser of a previously owned home) shall have 30 days from the date of initial occupancy to make the written election specified in Subsection 4 above to receive trash collection services from an authorized collector other than the Township designated hauler. In the absence of the Township's receipt of a timely election by such a new occupant, that residential unit shall automatically be deemed to have elected trash and recyclable collection services from the Township designated hauler for the balance of that hauler's contract with the Township.
[Ord. 98-2, 3/23/1998, § 1]
No municipal waste, garbage, refuse, rubbish or ashes shall be allowed to accumulate on the ground or be deposited on the highways, vacant lots or other property or be buried on, about or in such property nor be thrown in any stream or other body of water nor be present on or about any property within the Township of New Hanover except as may be placed in and secured in approved containers, subject to the regulations as herein stated. Any person, individual, association, partnership, a firm or corporation which permits or allows the accumulation, burial or disposal of municipal waste, garbage, refuse, rubbish or ashes on or about property within the Township and/or places, deposits or disposes of the same on, about or in property within New Hanover Township shall be in violation of this part and shall be subject to enforcement and/or penalties as hereinafter provided.
[Ord. 98-2, 3/23/1998, § 1]
All municipal waste, garbage, refuse, rubbish or ashes, before being placed into receptacles for collection shall have drained from it, as far as practical, all free liquid and shall have removed therefrom all identified recyclable materials as otherwise required by this or other applicable ordinances, statutes and codes and further shall have removed therefrom all residual or hazardous waste and now or hereinafter identified or defined by the regulations and requirements of the Pennsylvania Department of Environmental Protection for such materials as contain or constitute toxic, poisonous or hazardous substances harmful to human health and welfare. Combustible waste and/or ashes shall be placed in separate, fire resistant containers and such municipal waste, garbage, refuse, rubbish or ashes shall be placed in approved containers, as hereinafter identified, in a secure manner so as to be easily handled by the collector and to insure against the release, discharge and/or disbursement of such materials from such approved containers.
[Ord. 98-2, 3/23/1998, § 1; as amended by Ord. 04-6, 9/27/2004, § 6]
Regardless of the manner elected to determine the fee for service as discussed in § 20-410 below, every person, resident, householder, tenant, property owner, wholesale and retail business interest, as well as all parties or persons occupying residences, dwellings, or units thereof, shall acquire and/or provide an appropriate refuse container (or shall obtain one from the approved subcontractor) consisting of a portable receptacle with a capacity of not more than 100 gallons which is constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vectors. The receptacles shall be kept outside of the residence, building, store or other structure to be maintained at the rear or side of said structure excepting only placement of said receptacle at a place convenient for collection of its contents prior to the time, not to exceed 24 hours prior thereto, set for collection as shall be provided and approved by the Township and its subcontractor. Further, said person, resident, householder, tenant, property owner, wholesale and retail business interest as well as, all parties or persons occupying residences, dwellings, or units thereof, shall place the daily accumulation of municipal waste, garbage, refuse, rubbish and ashes in a refuse bag consisting of a polyethylene bag which is watertight and adequate to fully confine such material and specifically designed for storage and collection of such material, which refuse bag shall be packed in a manner so as to prevent scattering of the contents thereof and with particular care taken to prevent the package from breaking open, and which bag and contents thereof shall be placed wholly within the receptacle so that the lid can be tightly fitted thereon. At no time shall such receptacles or bags be placed or kept upon the front of any such property, the street, sidewalk or public place except the same may be placed at a point accessible to the collector, not more than 24 hours prior to the scheduled time of collection, and each such individual, person or owner shall be responsible for the receptacle, refuse bag and the contents thereof until such time as the same is collected by the Township and/or its independent subcontractor.
[Ord. 98-2, 3/23/1998, § 1]
The collectors for the Township, or its independent subcontractor, shall remove promptly in as clean a manner as possible such refuse bags and the contents thereof and return the receptacles to the premises from which the same is removed. The collection of the refuse bags shall be made from each and every improved or occupied property within the Township at least once every week, and such additional times as may be otherwise provided by the Township or by a contract with an independent subcontractor, or such appropriate times as take into account holidays, weather related events and other circumstances as further provided for in any said contract.
[Ord. 98-2, 3/23/1998, § 1]
It shall be unlawful for any person, other than the owner or an officer or employee of the Township, or an employee of a firm or corporation holding a contract with the Township, to interfere in any manner with any container, receptacle or refuse bag from the location where the same was placed by the owner thereof or to remove the contents from any such container, receptacle or refuse bag. Any person violating this provision shall be subject to the enforcement terms and penalties as hereinafter provided.
[Ord. 98-2, 3/23/1998, § 1; as amended by Ord. 04-6, 9/27/2004, § 7]
No person, film, association or corporation, except the Township designated hauler and those haulers previously registering with the Township in accordance with the provisions of § 20-203 of this part, shall be permitted to collect municipal wastes or transport, convey or transmit municipal waste generated within New Hanover Township through, on, or across the streets, alleys or public places of the Township, such activities being a violation and subject to the penalties hereinafter provided. This provision shall not apply to those persons, firms, associations or corporations transporting through New Hanover Township municipal waste generated from outside the Township and traveling through the Township to a foreign disposal site.
[Ord. 98-2, 3/23/1998, § 1]
Those commercial interests, retail and wholesale distributors and apartment units or apartment complexes constituting more than five units, shall, upon application to the Board of Supervisors, and subject to the Board's absolute discretion, be granted a waiver and exemption from the municipal waste collection requirements of this part and be authorized to contract for independent collection and/or disposal of the same. Until an application for exemption is presented to and granted by the Board of Supervisors at its sole discretion, such interest and entities shall be subject to compliance with the requirements of the municipal waste collection standards and terms as herein set forth.
[Ord. 98-2, 3/23/1998, § 1; as amended by Ord. 04-6, 9/27/2004, § 8]
1. 
Each individual, person, firm, association or corporation being the owner of an improved or occupied property, or persons or entity producing municipal waste, garbage, refuse, rubbish or ashes, or being responsible for the disposal or existence of such municipal waste, garbage, refuse, rubbish or ashes, or for whom the same is removed, or being the owner of any premises on which municipal waste, garbage, refuse, rubbish or ashes are now in existence or is produced, and which accumulation may require removal, shall pay and be subject to a fee for such services.
2. 
The fees charged by the Township designated hauler for the collection, transportation, recycling and disposal of municipal waste, bulk items, white goods, appliances, leaf waste, grass clippings and recyclable materials shall not exceed the rates set forth in the contract between the Township and the Township designated hauler. Fees for individualized services above and beyond the services described in the contract between the Township and the Township designated hauler shall be as mutually agreed upon between the Township designated hauler and the residential unit desiring to receive such services.
3. 
The fees charged by authorized collectors other than the Township designated hauler for the collection, transportation, recycling and disposal of municipal waste, bulk items, white goods, appliances, leaf waste, grass clippings and recyclable materials, as well as any other individualized services desired by a residential unit, shall not be affected by this part and shall be as mutually agreed upon between the authorized collector and the residential unit desiring such services.
4. 
All fees properly charged by authorized collectors in the Township, including the Township designated hauler, shall be billed directly from such authorized collectors (including the Township designated hauler) to the residential units (or the authorized representative of a residential unit such as a Homeowner's Association) receiving such services. The Township shall have no obligation to assist authorized collectors (including the Township designated hauler) in the collection of such fees.
[Ord. 98-2, 3/23/1998, § 1; as amended by Ord. 04-6, 9/27/2004, § 9; by Ord. 13-02, 7/8/2013, § 1; and by Ord. 17-03, 3/27/2017]
The Township shall and does hereby direct the participation of individuals, persons, households and other occupants of structures, improved and/or occupied properties in the curbside garbage collection program, subject to the exception permitted in § 20-302, Subsection 4, above, and the Township shall enforce the maintenance of the terms and conditions of the applicable ordinances through its code enforcement office and the offices of the Township Solicitor. The Township may institute the prosecution of all persons, firms, associations or corporations or groups of persons violating any of the provisions of this part, and to that end, the terms of this part shall be strictly enforced. The Township, by and through its Code Enforcement Office and the offices of the Solicitor of the Township shall also be authorized to seek relief in the nature of injunctive relief, restraining orders and/or such other remedies as may be appropriate to ensure the compliance with the provisions of this part and strict enforcement of the same subject to such proceedings being pursued in accordance with the standards and procedures as established by the courts and the statutes if this commonwealth. Any person, firms, associations or corporations or groups of persons who violate any of the provisions of this part or any of the regulations adopted hereunder or any person who commits, takes part in or assists in any violation of this chapter, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 per violation and, in default of payment of said fine, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense. In addition to such fines, the Township shall be entitled to a reimbursement for all costs incurred, including reasonable attorney's fees.
[Ord. 98-2, 3/23/1998, § 1]
The Board of Supervisors by and on behalf of the Township is hereby authorized to make and promulgate any additional rules and regulations for the collection, storage, removal and disposal of municipal waste, garbage, refuse, rubbish and ashes and/or the imposition, invoicing and collection of all costs, expenses and fees, not otherwise in conflict with this part, by resolution and/or motion of the Board and violations of the same shall be subject to the same penalties as provided for in this part.
[Ord. 98-2, 3/23/1998, § 1; as amended by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.