Township of North Newton, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of North Newton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 186.
[Adopted 11-14-2011 by Ord. No. 2011-5]
This article shall be known and may be cited as the "North Newton Township Garbage, Recycling, and Bulk Item Collection Ordinance."
The purpose of this article is to provide for the health, safety and welfare of the residents of North Newton Township by regulating the collection, storage, transportation, removal, dumping, deposit, disposal and recycling of garbage.
The following words and terms, when used in this article, shall have, unless the context clearly indicates otherwise, the meaning given to them in this section:
ALUMINUM
The lightweight ductile and malleable metallic substance or element commonly known as "aluminum" and shall include all aluminum food and beverage cans. This description excludes aluminum foil, trays, plates, and miscellaneous aluminum products.
BULK ITEM(S)
"White goods," furniture items, and wheels (no tires), toilet, and carpet of a size no greater than nine feet by 12 feet. A bulk item shall require no more than two persons to lift. Excluded from the definition of bulk items are construction and demolition materials and pianos. The hauler would be responsible for removing any Freon contained in any bulk item.
COMMERCIAL ESTABLISHMENTS
Establishments engaging in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CORRUGATED CARDBOARD
Layered paper or cardboard in which one or more layers is pressed into parallel grooves or ridges and which is normally used for wrapping, packing, shipping and/or storage of dry materials. Specifically excluded from this definition are pressboard and cardboard commonly known as "Asian board" or "Asian cardboard," as well as any corrugated cardboard containing a shiny finished side or sides or which is contaminated with food or other material.
GARBAGE
All matter and materials which are discarded or rejected by the owners or producers thereof as offensive or useless, or which by their presence or accumulation may injuriously affect the health, comfort or safety of the citizens of North Newton Township. It shall include garbage, rubbish, trash, disposable diapers, and other refuse materials, but shall exclude human body waste, debris from household renovations, whether interior or exterior, dirt, rock, concrete, lead pipe, limbs, the trunks of trees, hazardous wastes, tires, appliances, and warm or hot ashes.
GLASS
The hard, brittle, transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass; and shall for the purpose of this article include all materials commonly known as glass bottles or containers. This includes all food and beverage containers made of glass of one gallon or less capacity. Excluded are blue glass, ceramics, pottery, and flat glass commonly known as window or plate glass, light bulbs, headlights, and mirrors.
HAULER
The person or entity licensed by the Township by means of an independent contract to have the right and privilege, subject to certain limitations, to collect, haul and/or dispose of solid waste and recyclables within the Township of North Newton, but shall not be construed as meaning that such person is an agent, employee, official, or representative of the Township.
NEWSPAPER
Types of paper made from wood pulp and/or other fibrous materials mixed together, whether with or without chemicals, to produce thin sheets of the products customarily and primarily used for the production of newsprint; newspaper does not include magazines or glossy paper insert commonly used in advertisements.
PERSON
Every natural person, firm, corporation, partnership, association, institution, or other entity.
PROCESSING CENTER
Any facility maintained for the purpose of storing, preparing, and/or consolidating recyclable materials (as defined herein) for sale.
PUBLIC NUISANCE
Any premises or part of premises which is capable of being a fire, health or safety hazard due to, but not limited to accumulation of flammable materials, solid waste, hazardous waste or recyclables; or any premises or part thereof which contains unauthorized accumulation of solid waste or recyclables.
A. 
Newspaper and inserts, magazines and catalogs, junk mail and envelopes, office paper, corrugated cardboard boxes, cereal, soda, tissue boxes and other paperboard packaging, paper towel and toilet paper cores, paper bags and phone books. All paper items shall be dry and clean and shall be loose (not in plastic bags).
B. 
Aluminum beverage cans, glass bottles and jars, metal food and beverage cans, plastic bottles, containers labeled Nos. 1 through 7, and grocery bags. All containers shall be "neck down" empty and clean and shall be loose (not in plastic bags).
C. 
Specifically excluded from the definition of "recyclables" are Tyvek® and Styrofoam.
RESIDENTIAL DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
TOTER CART
A 90 to 99 gallon container to be distributed by the hauler that will remain the property of the hauler.
TOWNSHIP
North Newton Township, Cumberland County, Pennsylvania and/or its Board of Supervisors.
TOWNSHIP COLLECTION SERVICE
A service for the collection of solid waste and recyclables in accordance with this article.
TRUCK
A motor vehicle used for the collection of solid waste and recyclables on which has mounted thereon an approved type, watertight sanitary body, or which has a standard truck body made watertight and equipped with means of covering to prevent loss of material by wind.
A. 
Effective January 1, 2012, garbage, recyclables, and bulk items from all residential dwelling units located within the Township can be collected by the designated Township hauler on a weekly basis. The owner of the real estate upon which the dwelling unit is situate may participate in the garbage, recyclable and bulk item collection and be responsible for all charges and fees related thereto.
B. 
All owners or occupants of residential dwelling units within the Township may provide for the regular preparation, collection and removal of garbage and recyclables generated at such dwelling units via the Township and its designated hauler in one of the following manners:
(1) 
"Full service" by weekly disposal utilizing a tote provided by the hauler;
(2) 
Purchase of, through the Township office, and use of thirty-three-gallon bags on an "as-needed" basis, subject to a minimum requirement set forth in Subsection G below, said bags specially designated.
C. 
A maximum of one bulk item may be placed for collection each week for each dwelling unit. The customer shall notify the hauler in accordance with hauler's procedure in order to schedule the pickup of a bulk item.
D. 
Those owners selecting one of the "full service" options shall be billed a fixed charge by Southampton Township and payable directly to Southampton Township. Billing shall be in advance of service and shall be on a quarterly basis.
E. 
Garbage generated in excess of the 90 to 99 gallon capacity shall be placed in trash bags identified with tags or other distinguishing marker sold by the Township. Any such bags in excess of the 90 to 99 gallon capacity of the tote cart shall be subject to an additional charge by the Township. Such charge shall be the same per-bag cost as the per-bag cost under the per-bag system of collection.
F. 
Recyclables shall be commingled ("single stream") in the container provided by the hauler.
G. 
Those owners selecting the per-bag collection service on an "as-needed" basis shall purchase bags from the Township. Participants in the per-bag system shall be required to purchase a minimum of 12 bags per year.
H. 
An owner may, in the sole discretion of the Township, be granted an exemption from the provisions of this article if owner has reasonable alternative means to collect and/or dispose of garbage. An owner or occupant seeking exemption shall make application in writing on a form provided by the Township.
I. 
It shall be in violation of this article for any person to interfere with a Township licensee(s) or hauler in its performance of collection, transporting and/or disposing of garbage, recyclables and bulk items.
J. 
Township shall, via written resolution, establish a fee schedule for each service option. The fee schedule may be amended at any time via resolution adopted by the Board of Supervisors.
K. 
Township may place a municipal lien on owner's property if owner fails to pay within 180 days after a charge is due. The Township may impose reasonable penalties for failure to pay a bill on a timely basis and mail collect costs and reasonable attorney fees.
L. 
The Township of North Newton shall have the right to designate by resolution additional recyclable and bulk item materials and bulk items and to change recyclable materials to be collected depending on feasibility and marketability of recyclable materials and requirements of Pennsylvania state law, rule or regulation, or hauler feasibility.
M. 
Garbage and recyclables shall be collected on the same day.
A. 
Preparation of garbage and recyclables for collection.
(1) 
All garbage shall be drained of liquids before being deposited for collection and shall be separated and stored apart from recyclable materials.
(2) 
Glass and plastic containers shall have caps and lids removed.
(3) 
Glass, cans, and plastics shall be rinsed free of contaminants.
(4) 
All bags containing garbage shall be tied shut.
(5) 
Bulk items shall be clean and drained of all liquids.
(6) 
All materials shall be otherwise prepared for collection in accordance with such regulations as are established by the Township.
(7) 
Hazardous waste as well as any other materials not meeting the definition of "garbage," "recyclables" or "bulk items" as defined herein shall not be placed in containers or bags for regular collections but rather shall be handled and disposed of in an alternate and safe manner and in accordance with all applicable federal, state, and local statutes, ordinances, rules and regulations.
B. 
Containers.
(1) 
All garbage placed for collection shall be enclosed entirely within the thirty- to thirty-three-gallon plastic bag purchased by individual resident for such use, except for toter use or into the toter provided by the hauler in which no bags are required. Garbage placed in the bag shall be in such a quantity that the bag can be tied closed and all contents thereof completely confined within the bag. Taping and/or cutting of bags for the purpose of depositing therein garbage in an amount of excess of the bag's intended capacity is prohibited.
(2) 
Recyclables to be regularly collected by the Township licensee or hauler, with the exception of newspaper, glossy paper and corrugated cardboard, shall be commingled and placed in a recycling container which is clearly distinguishable from the bags used for collection of solid waste. The initial containers for residential customers shall be provided by the Township at no cost; a charge will be made for additional containers and replacement of containers for reasons other than defects therein.
(3) 
Bulk items may also be collected during annual cleanup days decided upon by Township. The collection of such bulk waste shall be subject to the restrictions and requirements of the hauler and the Township.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Corrugated cardboard shall be cut and placed in the recycling tote or cut into sections three feet by three feet and tied in bundles not to exceed 40 pounds and placed next to or on top of recycling containers for collection.
(5) 
No person shall store or place any garbage or recyclable in any street, alley or public place or upon any private property, whether owned by such person or not, within the Township except in proper containers for collection or under an express approval of the Township as designated by the Board of Supervisors. No person shall throw or deposit any garbage or recyclable along roadsides, in any stream or other body of water.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Penalties.
(1) 
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Nothing herein is intended to preclude the Township's exercise of any additional remedies in law or equity, for noncompliance with this article.
B. 
Enforcement. The Code Enforcement Officer or any other agent designated by the Board of Supervisors of North Newton Township shall have the authority to enforce the provisions of this article.
Township may, by resolution, enact provisions necessary for administration of this article, including but not limited to fees and costs.
This article shall be effective on January 1, 2012.