[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:
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.
"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.
Establishments engaging in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
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.
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.
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.
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.
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.
Every natural person, firm, corporation, partnership, association,
institution, or other entity.
Any facility maintained for the purpose of storing, preparing,
and/or consolidating recyclable materials (as defined herein) for
sale.
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.
PAPERNewspaper 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).
CONTAINERSAluminum 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).
Specifically excluded from the definition of "recyclables" are
Tyvek® and Styrofoam.
A single unit providing complete, independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A 90 to 99 gallon container to be distributed by the hauler
that will remain the property of the hauler.
North Newton Township, Cumberland County, Pennsylvania and/or
its Board of Supervisors.
A service for the collection of solid waste and recyclables
in accordance with this article.
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.Â
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.Â
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:
C.Â
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.Â
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.Â
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.Â
Recyclables shall be commingled ("single stream") in the container
provided by the hauler.
G.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Garbage and recyclables shall be collected on the same day.
A.Â
Preparation of garbage and recyclables for collection.
(1)Â
All garbage shall be drained of liquids before being deposited for
collection and shall be separated and stored apart from recyclable
materials.
(2)Â
Glass and plastic containers shall have caps and lids removed.
(3)Â
Glass, cans, and plastics shall be rinsed free of contaminants.
(4)Â
All bags containing garbage shall be tied shut.
(5)Â
Bulk items shall be clean and drained of all liquids.
(6)Â
All materials shall be otherwise prepared for collection in accordance
with such regulations as are established by the Township.
(7)Â
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.Â
Containers.
(1)Â
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)Â
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)Â
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]
(4)Â
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)Â
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]
A.Â
Penalties.
(1)Â
Any person who violates any provision of this article shall, upon
conviction thereof before any Magisterial District Judge, be sentenced
to pay a fine of not more than $1,000. Each violation shall constitute
a separate offense, for which a summary conviction may be sought.
[Amended 4-3-2018 by 2018-1; 6-6-2023 by Ord. No. 2023-02]
(2)Â
Nothing herein is intended to preclude the Township's exercise of
any additional remedies in law or equity, for noncompliance with this
article.
B.Â
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.