[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.
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.