[Ord. 08-2014-589, 8/28/2014, § 301]
1. 
The following words and phrases, when appearing in the text of this Part shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
A. 
Commercial Activities and Establishments. The following definitions shall apply for the purposes of these regulations regardless of either the form of ownership or tenancy, or the physical arrangement of the structure.
(1) 
Structures or property consisting four or more residential apartment dwellings, condominium complexes, and mobile home parks, whether owned or rented, shall be deemed to be commercial or business establishments, not residential establishments, for the purposes of these regulations.
(2) 
If a commercial activity occupying over 50% of the area of the structure occurs in a residential establishment, then the entire residential establishment, structure or property shall be deemed to be a commercial or business establishment, not a residential establishment, for the purposes of these regulations.
MSW
"Municipal solid waste," as defined by the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.103 et seq., and the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq., each as amended to date.
MSW BILLING
The bills, invoices, notices and documents issued by Salisbury Township to property owners at periodic intervals to state the amounts and terms of payment of MSW charges on account of their property.
MSW CHARGES
All fees, costs, and expenses, including penalty charges, administrative fees, and fees for services, which are assessed or imposed by Salisbury Township against a property for any and all MSW services provided or offered by the Township to that property.
MSW SERVICES
Any and all collection and disposal of MSW, and collection and recycling of recyclable materials, which is provided or offered by Salisbury Township to a property.
PROPERTY
Residential establishment.
RESIDENTIAL ESTABLISHMENT
Any premises utilized primarily as a residential dwelling, whether owned or rented in any manner, including but not limited to:
(1) 
A single-family dwelling, whether attached or detached, including homes and individual mobile homes.
(2) 
Each structure or property containing three or fewer residential dwellings.
(3) 
Each residential dwelling, within any structure or property containing three or fewer residential dwellings.
[Ord. 08-2014-589, 8/28/2014, § 302; as amended by Ord. 04-2015-597, 4/9/2015; by Res. No. 12-2017-1586, 12/28/2017; by Res. No. 12-2018-1617, 12/13/2018; by Res. No. 12-2020-1693, 12/22/2020; by Res. No. 12-2023-1796, 12/14/2023]
1. 
The cycles for MSW billing for MSW charges are hereby established on a quarterly basis.
2. 
The MSW billing for MSW charges shall begin on the owner's date of acquisition of the property.
3. 
There shall be a charge of $432 per annum (Net 15 amount), payable at the rate of $108 per quarter for MSW services furnished to a customer effective January 1, 2024. The MSW charge amount to be paid by the owner or occupant of each residential establishment for the quarterly collection period shall be established by a fee schedule. The Board of Commissioners may amend or revise and set refuse and recycling rates from time to time by a duly enacted resolution of the Board of Commissioners.
[ ]
[Ord. 08-2014-589, 8/28/2014, § 303]
1. 
Content. The Township staff is authorized to issue MSW billings for MSW charges in a format which states the amounts of the MSW charges for the quarterly MSW billing and any past due amounts incurred during any quarterly MSW billing, together with any applicable penalty charges as provided by this Part or by regulation.
2. 
Format. MSW billings shall be in a format which is appropriate and convenient for the Township staff to prepare, issue, compile, and record.
[Ord. 08-2014-589, 8/28/2014, § 304]
1. 
Billing Periods. The cycle for MSW billing for MSW charges is hereby established on a quarterly basis. All bills for collection charges shall be rendered in each calendar quarter, on or about the first day of January, April, July, and October, respectively, in each year, or on such other dates as the Township by resolution shall specify, and shall cover a quarterly billing period consisting of the immediately succeeding three complete calendar months.
2. 
Gross, Net and Penalty Bills. All bills for MSW collection service furnished to consumers shall be due and payable as of the date thereof. Bills for residential refuse collection service shall be paid within 15 days after such bill shall become due and payable. The customer shall pay the net amount of the bill, known as "Net15." If bills for such MSW collection service remain unpaid beyond 15 days of the billing date, an additional 10% will be added to any current, outstanding balance. If bills for such MSW collection service are paid during the period between 16 and 30 days of the billing date, this gross amount of the bill shall be due and payable. This shall be known as "Gross 30." If bills for such MSW collection service are not paid within 30 days of the billing date thereof, such bills shall be deemed delinquent and a penalty equal to 25% of the current Gross 30 amount of the bill shall be added to the amount of the bill and collected as part thereof. When bills are paid by mail, the date of the postmark will be considered the date of the payment.
[Amended by Ord. 04-2015-597, 4/9/2015]
3. 
Billing Addresses. Every owner of a residential establishment shall provide the Township with and shall thereafter keep the Township advised of his/her correct address. Failure of any person to receive bills for collection charges shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which the gross bill shall be payable.
4. 
Filing and Collection of Liens.
A. 
All MSW charges imposed by this chapter shall be a lien on the residential establishment serviced by the Township's contractor, from the date of issuance of the quarterly MSW billing for such MSW charges, but conditioned upon payment of said MSW charges. Any such charges which are delinquent shall be filed as a municipal lien against the residential establishment, including costs of filing and reasonable attorney fees for unpaid MSW charges, and shall be collected in the manner provided by law for the filing and collecting of municipal claims.
B. 
If reasonable attorney fees are assessed or imposed in connection with the collection of such account, the Township shall comply with the relevant provisions of the Municipal Claims Act found at 53 P.S. § 7106 especially including the requirement that at least 30 days prior to assessing or imposing attorney fees, a notice of such intent must be sent to the property owner by United States certified mail, return receipt requested, postage prepaid.
C. 
If within 30 days of mailing the notice in accordance with § 20-306, Subsection 4B, the certified mail is refused or unclaimed or the return receipt is not received, then at least 10 days prior to assessing or imposing attorney fees in connection with the collection of a delinquent account, the Township shall, by United States first class mail, mail to the owner the notice required by § 20-306, Subsection 4B.
5. 
Collection Charges.
A. 
Municipal solid waste collection charges for each quarterly MSW billing shall be imposed upon and shall be collected from the owner of each residential establishment in the Township, and shall be payable as provided herein, in accordance with the schedule of rates established by the Township.
B. 
The Township Assistant Manager and Township Manager shall propose billing rates for both garbage and recycling collection services at the beginning of each fiscal year and the Board of Commissioners, by resolution, shall approve these rates prior to the next billing period that may fall during a given year.
C. 
Surcharge. The Township reserves the option to establish a surcharge regarding additional federal, commonwealth, and county imposed fees and bill the owners of each residential establishment accordingly. When such surcharges are established and imposed by the Township, they will expire once the federal, commonwealth, or county's surcharge expires or are no longer imposed or if the Township at its discretion does not desire to pass the surcharge onto the residential owner as part of the collection charge.
D. 
The imposition of additional surcharges or modifications of the schedule of rates may be established by a resolution of the Board of Commissioners of the Township from time to time as deemed necessary.
6. 
New Service.
A. 
Prorating. If MSW services are first provided to a property owner during any quarterly MSW billing, then the MSW charges and MSW billings may be prorated on a per diem basis from the time that the MSW services commence until the start of the next following quarterly MSW billing, at the sole discretion of the Township, and may be included on the following quarterly MSW billing.
7. 
Dishonored Payment.
A. 
If any check, money order, credit card, or similar type of payment for MSW charges or MSW billings is returned marked "uncollected" or similarly for any reason, including, but not limited to, insufficient funds, refusal to honor the payment, closed account, or lack of valid signature, etc., then an additional service fee for handling and rebilling shall become an additional MSW charge against that property, and shall be paid as provided herein.
B. 
The amount of this additional MSW charge shall be established as part of a fee schedule adopted by a resolution of the Board of Commissioners of the Township.
[Ord. 08-2014-589, 8/28/2014, § 305]
1. 
Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal solid waste from hauling his/her own such waste on an irregular and unscheduled basis, to a state-permitted disposal site.
2. 
Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his/her farming operation, including composting and the spreading of manure or other farm produced agricultural wastes.
3. 
The provisions of this chapter do not apply to anything but the storage, collection, transportation, disposal and recycling of municipal solid waste; they do not apply, therefore, to hazardous or residual wastes as defined by the Pennsylvania Solid Waste Management Act.
[Ord. 08-2014-589, 8/28/2014, § 306]
1. 
Penalties. Any person violating any of the provisions of this Part, including, but not limited to: (A) the failure to use adequate containers or recycling bins, (B) the placement of containers or recycling bins in inappropriate locations for collection, (C) placing containers or recycling bins out too early for collection, (D) failure to take in containers or recycling bins by the appropriate time, (E) mixing leaf waste in with municipal waste or recyclables, (F) failure to separate all recyclables from other waste for collection, (G) scavenging recyclables placed out for collection, shall be subject to a fine of up to $500, plus costs, and reasonable attorney's fees incurred by the Township, or imprisoned for a period of up to 30 days, or both. Each day such a violation occurs, and each residential establishment for or on which it occurs, shall constitute a separate and distinct violation of this Part.
2. 
Remedies. In addition to the foregoing penalty, the Township may require the owner or occupant of a residential establishment to remove any accumulation of municipal waste from that establishment, and should said person fail to remove and adequately dispose of or recycle such solid waste within five days following receipt of written notice to do so, said failure shall constitute a violation of this Part. Further, the Township may at the end of said five-day period cause the municipal waste to be collected and disposed of or recycled, in which event the owner or occupant of the subject establishment shall reimburse the Township for all costs and expenses incurred by it in said removal and disposition.
[Ord. 08-2014-589, 8/28/2014, § 307]
Salisbury Township reserves the right to adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with the collection of municipal solid waste, which rules and regulations shall be and shall become a part of this Part 3.