Township of Plainfield, PA
Northampton County
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Table of Contents
Table of Contents
[Ord. 300, 12/14/2005, § I]
This Part shall be known as the "Municipal Solid Waste and Recycling Ordinance of Plainfield Township."
[Ord. 300, 12/14/2005, § II; as amended by A.O.]
The Board of Supervisors of Plainfield Township has determined that the health and welfare of the citizens of Plainfield Township requires the mandatory collection of municipal solid waste for all residential properties in the Township by a single collector and hauler as contracted by Plainfield Township and further requires the mandatory collection of recyclables by said contracted collector and hauler. This curbside collection program shall not be applicable to commercial, industrial, or institutional establishments, nor shall it apply to any farm waste generated by farming activities except for that waste generated by residential activities located on a farm. The owner of an apartment building consisting of six or more individual dwelling units shall have the option of providing for the collection of municipal waste through the Township's curbside collection program or through another commercial collector as authorized by the Pennsylvania Department of Environmental Protection.
[Ord. 300, 12/14/2005, § III, as amended by Ord. 337, 11/12/2008, § 1; and by A.O.]
For the purpose of this Part, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory:
AGENT
Anyone who performs an act for his immediate family or for another person gratuitously (without any form of monetary or material compensation therefor.)
ASHES
The residue from the burning of wood, coal, coke or other combustible materials.
BOARD OF SUPERVISORS
The Board of Supervisors of Plainfield Township, Northampton County, Pennsylvania.
BULK WASTE (also referred to as BULK ITEMS or BULKY ITEMS)
Includes but is not limited to items such as furniture, mattresses, storm sashes, screens, carpets, white goods (Freon free) and other household waste material from a residential source other than construction debris or hazardous waste, with a weight or volume greater than allowed.
COLLECTION AREA
All premises of residential properties, as that term is hereinafter defined.
COLLECTOR
A general term referring to any person who collects, for removal from premises, municipal waste and/or recyclables.
COMBUSTIBLE RUBBISH
Paper, rags, street sweepings, excelsior, straw, boxes, old cloths, mattresses, old shoes, leather, scrap, oilcloth, carpet, trash and other flammable waste materials which result from ordinary conduct of housekeeping.
COMMERCIAL
Any establishment engaged in a non-manufacturing or non-processing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters. For the purposes of this Part, multifamily dwellings consisting of six or more dwelling units, hotels, motels and farms which use commercial dumpsters shall be considered commercial establishments.
COMMERCIAL PROPERTIES
All wholesale, retail, industrial, manufacturing, transportation, financial or professional service or office enterprise, or any similar establishment located in the Township of Plainfield, Northampton County, Pennsylvania.
COMMUNITY ACTIVITY
Events sponsored in whole or in part by a municipality, or conducted within as municipality and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
CONTRACTED COLLECTOR
A person or persons contracted by Plainfield Township to make collections of municipal waste and/or recyclables in accordance with the terms of this Part.
CONTRACTOR
Any person, corporation or partnership performing municipal waste collection and disposal and recycling services for the Township pursuant to the awarding of a bid under the terms of this invitation to bid.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges, of the type normally used to make packaging cartons and boxes.
DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking, or placing of municipal waste into or on the land or water in a manner such that the municipal waste or a constituent thereof enters the environment, is emitted into the air, or is discharged to the waters of the Commonwealth of Pennsylvania.
FARM
Any property of at least 10 contiguous acres for which the primary use of the land is the raising of crops or animals. For purposes of this Part residential structures on a farm shall be considered residential properties so long as only ordinary municipal waste is placed for collection as part of the Township's municipal Waste collection program.
FAUN WASTE
Any waste generated during the normal course of farming activities or operations, including but not limited to baling wire or other strapping materials, residual agricultural products, farm machinery or implements, manure or other livestock by-products, and other similar wastes.
(1) 
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food including, but not limited to, table refuse, animal and vegetable, offal of meat, fish and fowl, vegetables and fruits and parts thereof and other articles and materials ordinarily used for food and which have become unfit for such use or which are discarded for any reason.
(2) 
All combustible rubbish including, but not limited to, straw, excelsior, rags, rubber shoes, and such other rubbish as may result from ordinary housekeeping or residential pursuits and which may be burned by fire.
(3) 
All ashes including, but not limited to, the residue from the burning of wood, coal, coke and other combustible materials for the purpose of heating or cooking.
(4) 
All incombustible rubbish including, but not limited to, discarded articles or materials except sewage, liquid waste, garbage and combustible rubbish and other articles and materials ordinarily resulting from ordinary housekeeping or residential pursuits, including household appliances (white goods), furniture (indoor and outdoor), and other bulky items generated by residential households.
HAZARDOUS WASTE
Hazardous wastes, hazardous substances, hazardous materials, toxic substances, hazardous air pollutants or toxic pollutants, as those terms are used in any law, guideline, regulation or ruling of any official governing body and petroleum products, including gasoline, diesel fuel, motor oil, waste or used oil and heating oil.
HIGH GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, industrial, institutional and municipal establishments.
INDUSTRIAL
Any establishment engaging in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants and refineries.
INSTITUTIONAL
Institutional. Any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
LEAF WASTE
Includes leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings as defined by Pennsylvania's Municipal Waste Regulations, Chapter 271).
MAGAZINES
Printed matter, also known as "periodicals," containing miscellaneous written pieces published at fixed or varying intervals, printed on glossy or chemically coated paper. Expressly excluded are newspapers and all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTY
A type of residential property either under single ownership or organized as a condominium or cooperative form of housing, which contains six or more dwelling units.
MUNICIPAL
Of or pertaining to any office or other property under the control of any branch or arm of the federal government of the United State of America, the Commonwealth of Pennsylvania, or any political subdivision of the Commonwealth of Pennsylvania, including but not limited to, the Township of Plainfield, and any counties, cities, boroughs, townships and municipal authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom, or office waste and other material including solid, liquid, semi-solid, or contained gaseous material resulting in the operation of residential, municipal, commercial, industrial, or institutional establishments and from community activities, including any trace amounts of hazardous waste normally found in household trash, garbage, or refuse, and any sludge not meeting the designation of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial, industrial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term municipal waste specifically includes large appliances or white goods which are not recyclables. The term does not include recyclables or noncollectibles as said terms are defined herein.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at fixed or stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. The term "newspaper" expressly excludes magazines, glossy or other chemically coated paper, office paper, and any other paper products of any nature.
NONCOLLECTIBLES
Includes, but is not limited to, automobile parts, building materials, farm waste and hazardous waste, as herein defined, and shall not include municipal waste.
PERSON
Any individual, partnership, corporation, association institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity whatsoever which is recognized by law as the subject or rights and duties. In any provision of this Part prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PLASTIC CONTAINERS
Empty plastic food and beverage containers, the specific types of which may, from time to time, be designated by resolution of the Township.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal waste, or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include but are not limited to transfer stations, composting facilities, and resources recovery facilities.
RECYCLABLES
See definition in § 20-202.
RECYCLING CONTAINERS
The standardized containers issued or approved by the Township for the purpose of collecting, storing and placing recyclables at the curbside for collection by the Township's contractor.
REFUSE
Same meaning as "municipal waste."
RESIDENT or RESIDENTS
Any person or person living within the boundaries of the Township of Plainfield, County of Northampton, Pennsylvania, and shall not include commercial properties.
RESIDENTIAL PROPERTIES
Of or pertaining to any dwelling unit used as a place of human habitation where one or more individuals live and which is not commercial, municipal, institutional, or a community activity. The term shall apply equally to owner occupied dwellings and apartment buildings consisting of five or fewer dwelling units, as well as to full-time and/or part-time residences. Home occupations incidental to a residential use within a building are considered "residential."
RUBBISH
Shavings, wood, woodenware, leather, rags, straw, manure, and all solid combustible matter not included in this Part under the definition of "garbage."
STORAGE
The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such municipal waste. It shall be presumed that the containment of any municipal waste in excess of 90 days constitutes disposal. This presumption can only be overcome by clear and convincing evidence to the contrary.
TOWNSHIP
The Township of Plainfield, Northampton County, Pennsylvania.
TRANSPORTATION
The off-site removal of any municipal waste or recyclables at any time after generation thereof.
WASTE
A material whose original purpose has been complete and which is directed to a disposal or processing facility or is otherwise disposed of. The term does not include source-separated recyclable materials, as that term is herein defined, or material approved by the Commonwealth of Pennsylvania Department of Environmental Protection for beneficial use.
WHITE GOODS
All major appliances, such as washers, dryers, refrigerators, freezers, stoves, dishwashers, hot water tanks, trash compactors and other items of similar weight, material, size and nature certified to have had any Freon removed prior to collection.
[Ord. 300, 12/14/2005, § IV; as amended by Ord. 337, 11/12/2008, § 2; by Ord. 364, 3/12/2014, § 1.A; and by A.O.]
1. 
A curbside collection program is hereby established for the collection of municipal waste and the separate collection of recyclables from all residential properties located within the Township of Plainfield. This curbside collection program shall not be applicable to commercial, industrial, or institutional establishments, nor shall it apply to any farm waste generated by farming. The owner of an apartment building consisting of six or more individual dwelling units shall have the option of providing for the collection of municipal waste through the Township's curbside collection program or through another commercial collector as authorized by the Pennsylvania Department of Environmental Protection. The Plainfield Township Board of Supervisors may, in its sole discretion, contract with one single collector and hauler as the sole provider of the municipal waste curbside collection program within Plainfield Township, and may contract with one single collector and hauler as the sole provider of the recyclables curbside collection program. Nothing contained herein shall prevent the Board of Supervisors, if it determines that the same is in the best interests of the Township, from designating one single contracted collector and hauler as the sole provider for the collection and hauling of both municipal waste and recyclables within Plainfield Township.
2. 
Commercial, industrial and institutional establishments conducting their own recycling programs, not in conjunction with an exclusive contract as may be established by the Township for the collection of municipal solid waste and recyclables, shall file with the Township or its designated agent and have approved by the Township or its designated agent, plans for individual recycling programs which provide for, at a minimum, the recycling of items listed in rules and regulations for the recycling program.
In addition to filing an individual recycling plan, commercial, industrial and institutional customers, upon establishing an individual recycling program, are required to submit semiannually to the Township or its designated agent, weigh slips or other certification which show by weight and type of material recycled by that establishment. If weigh slips are not used, the form of certification requires the prior approval of the Township or its designated agent. Required information is due within 60 days of the end of the reporting period designated in the regulations for the recycling program. An individual recycling plan for commercial, industrial or institutional establishments shall provide the following information:
A. 
Applicant's company name, address, telephone number, contact person and owner's name.
B. 
Company name, address, telephone number and contact person for entity providing the recycling service.
C. 
Description of materials to be recycled, frequency of collection, method of storage and how service will be provided.
D. 
Form of certification to assure proper disposal of recyclable materials.
E. 
Municipality in which the establishment is located.
F. 
Other information as may be required by the Township or its designated agent which is intended to assure the proper disposal of recyclable materials.
3. 
Commercial, industrial and institutional establishments conducting their own recycling programs, not in conjunction with an exclusive contract as may be established by the Township for the collection of municipal solid waste and recyclables, shall also file the required Pennsylvania Department of Environmental Protection Annual Recycling Report for Waste/Recycling Hauler, Document Destruction Company, or other Company Transporting Recyclables in Pennsylvania, as amended, by the applicable deadline with the Township Manager and/or Township Secretary. The Annual Recycling Report shall be filed in accordance with all applicable Municipal Waste Planning Recycling and Waste Reduction Act (Act 101)[1] requirements, as amended, and shall report on the prior year activities.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Ord. 300, 12/14/2005, § IV; as amended by A.O.]
1. 
It shall be unlawful for any person to store, dump, discard, or deposit, or to permit the storage, dumping, discarding, or depositing of, any municipal waste or recyclables upon the surface of the ground or underground within the jurisdictional limits of the Township, except in proper containers for purposes of storage or collection and except where the waste is of such size or shape as not to permit their being placed in such containers. It shall be unlawful for any person to dump or deposit any municipal waste or recyclables in any stream or body of water within the jurisdictional limits of the Township.
2. 
Every owner of property or occupant thereof responsible for such property's day-to-day operation or maintenance shall pick up and discard in an appropriate receptacle any municipal waste, recyclable, or other debris deposited or accumulated on the sidewalk or gutter area in front of or adjacent to such property. All owners or operators of commercial, industrial, institutional and municipal establishments in the Township shall take all reasonable precautions to prevent the deposit and accumulation of debris in front of their premises, and in furtherance of that end, may place appropriate waste containers in front of or adjacent to their premises at a point which will not create a hazard to traffic or pedestrians. Any such receptacle so placed shall be emptied on a regular basis by the contracted collector and maintained in a neat and clean appearance.
3. 
It shall be the duty of every owner of property and every person occupying a dwelling unit, premises, or place of business within the Township where municipal waste or recyclables are generated and accumulated, at his own expense and cost, except as otherwise specified in this Part, to provide and keep at all times a sufficient number of containers to hold all municipal waste accumulated between intervals of collection of such waste by the contracted collector; and, to insure the sanitary and legal disposal of such waste in accordance with this Part and all other Township, state and federal applicable laws and regulations.
4. 
All waste materials resulting from the building, structural alteration, repair, construction or demolition of buildings or structures shall be disposed of as permitted by the regulations of the State Department of Environmental Protection or pertinent ordinances or regulations of the Township. It shall be the responsibility of the property owner to ensure the disposal of such waste in accordance with applicable laws and regulations.
5. 
Nothing contained herein shall be deemed to prohibit any person from hauling municipal waste or recyclables on an irregular and unscheduled basis to any facility permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection; provided, that such hauling shall be in addition to, and not in place of, the regular removal of municipal waste or recyclables as required in § 20-109.
[Ord. 300, 12/14/2005, § V; as amended by A.O.]
1. 
The storage of all municipal waste shall be practiced so as to prevent the attraction, breeding, or harborage of insects or rodents and to prevent conditions which may create potential hazards to the public health or which may create fire and other safety hazards, odors, unsightliness, or public nuisance.
2. 
It shall be unlawful for any person to deposit for collection any waste not generated at the address from which collection is made or to bring any waste into the Township or from one address to another in the Township for the purpose of taking advantage of the collection service or to avoid the cost of collection.
3. 
Any person accumulating or storing municipal waste on private or public property in the Township for any purpose whatsoever shall place the same, or cause the same to be placed in sanitary closed or covered containers in accordance with the following standards:
A. 
Containers used for the storage of municipal waste shall be of metal, plastic or fiberglass construction; rust and corrosion resistant, equipped with lids and waterproof and leakproof (except that lids shall be optional on large bulk containers commonly known as "dumpsters").
B. 
All garbage shall be drained of excess liquids and wrapped in paper or be placed in plastic bags before being placed in the waste storage containers described above, and all ashes shall be free of any burning material before being deposited for collection.
C. 
No person, except the occupants of the property on which a waste container is placed, the contracted collector, and the Township's Code Enforcement Officer or other authorized representative of the Township shall remove the lids of the container and/or remove the contents thereof.
D. 
All hazardous waste, including but not limited to municipal waste of a highly flammable or explosive nature, or highly infectious or contagious municipal waste, shall not be stored for ordinary collection, but shall be specially disposed of in accordance with the directions of the Township or of any state or federal authority having jurisdiction.
E. 
Containers, other than bulk containers, shall be placed at such locations as referred to in § 20-107 herein.
F. 
Bulk containers (such as dumpsters) shall be placed, whenever possible, at ground level and at a point on the property being serviced by the collector which will enable clear and easy access to the container by the collector's vehicle.
G. 
Bulk containers shall not be permitted to overflow or to have waste strewn or left about them on the ground. A violation of this provision shall be deemed a violation of this Part by the person on whose property the bulk container is located, if it is located on private property.
[Ord. 300, 12/14/2005, § VI; as amended by Ord. 364, 3/12/2014, § 1.B]
1. 
The storage of all recyclables shall be practiced so as to prevent the attraction, breeding, or harborage of insects or rodents and to prevent conditions which may create potential hazards to the public health or which may create fire and other safety hazards, odors, unsightliness, or public nuisance.
2. 
Each resident of the Township shall recycle all recyclables. Residents shall have a duty to place all recyclables except newspapers and corrugated paper in the recycling container. The Township will provide recyclable labels upon request by Township residents. Newspaper shall be placed in paper bags or tied both across and lengthwise in bundles not exceeding 35 pounds nor exceeding one foot in thickness and shall be placed next to or in the recycling container. Corrugated paper shall be tied both across and lengthwise in bundles not exceeding 35 pounds nor exceeding one foot in thickness and shall be placed next to the recycling container.
[Ord. 300, 12/14/2005, § VII; as amended by Ord. 364, 3/12/2014, § 1.C; and by A.O.]
1. 
All owners of property within the Township of Plainfield shall provide for the regular preparation, collection and removal of all municipal waste and recyclables generated at such properties in one of the approved manners set forth herein.
2. 
It shall be the responsibility of each and every resident to place the refuse and recyclable receptacles at the curbline, where applicable; and, in the event of streets without curbing, at the berm of the state or Township road, but in no case more than 10 feet from the edge of pavement. Further, it shall be the responsibility of resident to clear a pathway to the refuse receptacles in the event of snow so as to make the same easily accessible to the collector.
3. 
Collections of municipal waste shall be made by the collector one time a week, on a regular schedule. Collections of recyclables shall be made by the collector on a regular schedule on at least a biweekly basis and on the same day as collection of municipal waste. In the event a national holiday falls on a regularly scheduled collection day, the collection may, at the option of collector, be changed to the next day following said national holiday. In this regard, it will be the responsibility of the collector to notify residents of said change by advertising the same in a newspaper of daily circulation, no less than one time and no less than one week prior to the regularly scheduled collection day; said advertisement to be placed in a timely fashion so that residents are assured of notification prior to the regularly scheduled collection day; or, alternatively, provide each resident, prior to the beginning of the calendar year or initial service, a schedule denoting exceptions to the normally scheduled collection day.
4. 
If a person or establishment (being so authorized by the terms hereof) collects and removes their own municipal waste or recyclables, they shall do so at intervals short enough to prevent accumulations of refuse or garbage that may be unsafe, unsightly, or potentially harmful to the public health.
5. 
Every owner or occupant of residential property and every other person who, or establishment, shall:
A. 
Utilize the services of the residential collector designated by the Township as the sole provider of collection services for municipal waste, recyclables, or both.
6. 
As stated above, municipal waste shall be prepared for collection and be collected and removed from such person's or establishment's properties at least once each week.
7. 
No person other than the contracted collector shall collect or remove municipal waste or recyclables from any other person's property.
8. 
Hours of collection shall be set by the contracted collector with the approval of the Township. All collection services however shall be performed in such a way as to not disturb any neighbors at the time of collection.
9. 
Nothing herein shall limit the right of the Township to implement public collection of solid waste or recyclables either by entering into contracts or by engaging in any collection practice permitted by law.
10. 
Nothing in this Part shall impair the ability of the Township to provide a system of placement for removal and public collection of leaf waste, or for Township residents to utilize such system of public collection of leaf waste, anything herein contained to the contrary notwithstanding.
11. 
The contracted collectors shall be responsible for the sorting and/or marketing of any recyclables collected.
[Ord. 300, 12/14/2005, § VIII]
1. 
Any person transporting municipal waste or recyclables within the Township shall prevent or remedy any spillage from vehicles or containers used in the transport of such materials.
2. 
All persons authorized to collect municipal waste or recyclables shall do so in vehicles that are provided with either closed, covered containers or which have measures taken to prevent waste from being blown or falling from the vehicle.
3. 
All collection vehicles to be used by collector shall be self-propelled, be of metal construction, be securely covered, water-tight and kept thoroughly cleansed and painted. Identification numbers shall be permanently affixed to each vehicle, and the name and telephone number of collector shall be displayed on either side of the vehicle in letters and numbers easily legible. The collector shall at all times maintain a sufficient number of back-up vehicles to assure an uninterrupted collection schedule. Further, said vehicles shall conform to all local, state and federal laws, rules and regulations, having jurisdiction to regulate said vehicles.
[Ord. 300, 12/14/2005, § IX; as amended by A.O.]
Any collector or other person who desires to place any large bulk container, commonly known as a "dumpster," on a street or other public right-of-way in the Township of Plainfield shall, prior to such placement, obtain from the Township a permit authorizing such placement. One such permit shall be obtained for each dumpster to be placed on any public street or right-of-way. A fee may be collected by the Township for each such permit issued, in an amount to be established by resolution of the Board of Supervisors of the Township. The permits required hereunder shall be in the form of a sticker or other device capable of being affixed to the dumpster for which the permit is issued, and the permit shall be so affixed to the dumpster by the permittee in accordance with instruction of the Township pertaining thereto. The permits issued pursuant to this Part shall be nontransferable and may be used only be the permittee to whom originally issued, for the dumpster and at the location for which originally issued.
[Ord. 300, 12/14/2005, § X; as amended by A.O.]
The Township is hereby authorized to collect municipal waste from Township property, to provide public litter baskets on sidewalks in the Township, and to dispose of such waste in either a receptacle of the contracted collector or at designated disposal sites.
[Ord. 300, 12/14/2005, § XI]
All owners of nonresidential property within the Township of Plainfield shall, upon request by the Township, furnish to the Township, on a form to be provided therefor, the name and address of the licensed collector servicing the property in question.
[Ord. 300, 12/14/2005, § XII]
Leaf waste shall be kept separate from a other forms of municipal waste, and shall be disposed of in a manner to be designated from time to time by resolution of the Board of Supervisors.
[Ord. 300, 12/14/2005, § XIII]
Brush will be tied by resident in bundles not to exceed 50 inches in length and 16 inches in diameter. Each garbage can and/or bag shall not exceed 60 pounds.
[Ord. 300, 12/14/2005, § XIV]
The presence of any articles containing a person's name among municipal waste or recyclables shall create a rebuttable presumption, for purposes of this Part, that said municipal waste or recyclables is the property of the person whose name is found therein. This presumption can only be rebutted by clear and convincing evidence to the contrary.[1]
[1]
Editor's Note: Original Section XV of Ord. 300, Authorization of Collectors, which immediately followed this section, was repealed by A.O.
[Ord. 300, 12/14/2005, § XVI; as amended by Ord. 364, 3/12/2014, § 1.E; and by A.O.]
The contracted collector doing business within the Township shall make available to its customers the service of removal of "white goods" (discarded major appliances and similar articles).
[Ord. 300, 12/14/2005, § XVII; as amended by A.O.]
1. 
It shall be the duty and responsibility of every owner of property and every person occupying a dwelling unit, premises, or place of business within the Township where municipal waste is produced and is accumulated to pay a service fee for the collection and disposal of this waste, except as otherwise provided by this Part, to the exclusive contractor or to the Township. For purposes of this Part, any owner of property containing more than one dwelling unit shall be solely responsible for payment of said service fees for the entire number of dwelling units located therein. The exclusive contractor or the Township may discontinue service for non-payment of service fees by a resident or by a commercial, institutional or industrial establishment. Discontinuance of service due to non-payment of service fees shall not relieve the resident or establishment from abiding by all of the requirements of this Part.
2. 
All service fees established under an exclusive contract for the collection of waste by the Township shall be established by a resolution of the Board of Supervisors. Service charges so established shall be reviewed at least annually and adjusted as necessary to insure that all costs involved in the collection and disposal of municipal waste and/or recyclables under the exclusive contract, including the administrative costs of the Township, are covered by the service charges.
[Ord. 300, 12/14/2005, § XVIII]
Any person who violates any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, including reasonable attorney fees, provided, however, that each violation of any provision of this Part and each day the same is continued shall be deemed a separate offense. For purposes of this Section, the doing of any act or thing prohibited by any provision of this Part, or the failure to do any act or thing as to which any provision of this Part creates an affirmative duty, shall constitute a violation of this Part, punishable as herein stated.
[Ord. 300, 12/14/2005, § XX]
The various headings used throughout this Part are intended only as an aid in its organization in order to facilitate ease of reading and are not to be considered a substantive part of this Part. In this Part, unless the context clearly indicates otherwise, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.
[Ord. 377, 9/14/2016, § 1]
This Part shall be known and may be cited as the "Refuse Fee Ordinance."
[Ord. 377, 9/14/2016, § 2]
The following words and phrases, when used in this Part, shall have the meanings described to them in this Section, except where the context or language clearly indicates or requires a different meaning:
BILLING UNIT
Any dwelling or non-dwelling unit for which collection service is provided.
CONTRACTOR
Any person, corporation or partnership performing municipal waste collection and disposal and recycling services for the Township pursuant to the awarding of a bid under the terms of an invitation to bid/notice to bidders.
RECYCLABLES
Includes office and mixed paper, cardboard and flatboard, newspapers including colored inserts, manila or brown folders, glossy paper, magazines, empty aerosol cans, telephone books, bimetal, tin and aluminum cans, clear, green, and brown glass bottles and jars, green and brown glass, plastics (numbers 1, 2, 3, 4, 5, 6 and 7), and materials and other items included in single-stream recycling collection.
REFUSE (also referred to as SOLID WASTE or MUNICIPAL SOLID WASTE)
Any garbage, refuse, food waste, and/or other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, or institutional establishments and from community activities and any sludge not meeting the definition of residual or designated hazardous waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. Grass clippings and yard waste are considered as "refuse," "solid waste" and "municipal solid waste."
[Ord. 377, 9/14/2016, § 3]
1. 
Charges are hereby imposed as follows: A base charge of $270 annually is imposed on the owner of each dwelling unit. The service for which this charge is made is the removal from the premises, once weekly, of the contents herein defined as refuse and every other week (biweekly), of the contents herein defined as recyclables. Payment may be made in four equal installments of $67.50 each, as follows:
August 1 — $67.50
October 1 — $67.50
January 1 — $67.50
March 1 — $67.50
2. 
Provided, that if payment is made within the 30 days preceding the base period in the year in which service is rendered, the charge shall be $260 annually. Provided, further, that if payment after the base period in the year in which the service is rendered, the charge shall be $280 annually.
3. 
The charge for collecting refuse and recycling from a multiunit premises with a single owner shall be $270 annually, multiplied by the number of units unless the equities of a particular situation require an adjustment to be made effective by special regulation. Applications for inclusion within a special regulation, under the provisions of this Section, shall be made to the Plainfield Township Board of Supervisors for submission to an action by the Board of Supervisors. The discounts and penalties provided in Subsection 2 shall apply to the charge imposed for multiunit premises.
4. 
Annual charges for refuse removal shall be subject to a $300 fine if not paid within one year after the date of billing. Delinquent accounts shall also be subject to collection fees, including reasonable attorneys' fees.
[Ord. 377, 9/14/2016, § 4]
1. 
Charges are hereby imposed as follows: A service charge of $263.76 annually is imposed on the owner of each dwelling unit. Payment may be made to the exclusive contractor in four equal installments of $65.94 each. The service for which this charge is made is the removal from the premises, once weekly, of the contents herein defined as refuse and recyclables.
2. 
Payment shall be remitted directly to the exclusive contractor as authorized by the provisions of Chapter 20, Part 1, Solid Waste and Recycling, and a municipal solid waste collection and recycling contract between Plainfield Township and contractor dated May 26, 2016, with an effective date of July 1, 2016. The contract shall be in effect for an initial three-year term, with Plainfield Township having the sole option to renew the contract for two successive one-year terms.
3. 
The discounts or penalties as provided for prior to July 1, 2016, as set forth in § 20-203, Subsection 2, of this Part shall no longer be in effect commencing on July 1, 2016, pursuant to the provisions and terms of the municipal solid waste collection and recycling contract between Plainfield Township and contractor dated May 26, 2016, with an effective date of July 1, 2016. The annual service charge shall be the base service charge only.
4. 
The contractor shall submit a bill for services directly to the owners of each dwelling unit in accordance with the provisions of the contract within 10 days following the end of each billing quarter during which refuse and recyclables as herein defined are collected.
5. 
The charge for collecting refuse and recycling from a multiunit premises with a single owner shall be $263.76 annually, multiplied by the number of units unless the equities of a particular situation require an adjustment to be made effective by special regulation. Applications for inclusion within a special regulation, under the provisions of this Section, shall be made to the Plainfield Township Board of Supervisors for submission to an action by the Board of Supervisors.
6. 
Annual charges for refuse removal shall be subject to a $300 fine if not paid within one year after the date of billing. Delinquent accounts shall also be subject to collection fees, including reasonable attorneys' fees.