[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:
Anyone who performs an act for his immediate family or for
another person gratuitously (without any form of monetary or material
compensation therefor.)
The residue from the burning of wood, coal, coke or other
combustible materials.
The Board of Supervisors of Plainfield Township, Northampton
County, Pennsylvania.
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.
All premises of residential properties, as that term is hereinafter
defined.
A general term referring to any person who collects, for
removal from premises, municipal waste and/or recyclables.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
All white paper, bond paper and computer paper used in commercial,
industrial, institutional and municipal establishments.
Any establishment engaging in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants and refineries.
Institutional. Any establishment engaged in service to persons
including, but not limited to, hospitals, nursing homes, orphanages,
schools and universities.
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).
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.
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.
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.
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.
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.
Includes, but is not limited to, automobile parts, building
materials, farm waste and hazardous waste, as herein defined, and
shall not include municipal waste.
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.
Empty plastic food and beverage containers, the specific
types of which may, from time to time, be designated by resolution
of the Township.
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.
See definition in § 20-202.
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.
Same meaning as "municipal waste."
Any person or person living within the boundaries of the
Township of Plainfield, County of Northampton, Pennsylvania, and shall
not include commercial 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."
Shavings, wood, woodenware, leather, rags, straw, manure,
and all solid combustible matter not included in this Part under the
definition of "garbage."
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.
The Township of Plainfield, Northampton County, Pennsylvania.
The off-site removal of any municipal waste or recyclables
at any time after generation thereof.
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.
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.
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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:
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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. No. 406, 6/24/2021[1]]
This Part shall be known and may be cited as the "Refuse Fee
Ordinance."
[1]
This ordinance also provided for the repeal of former Part
2, Refuse Fees, adopted 9/14/2006 by Ord. No. 377.
[Ord. No. 406, 6/24/2021]
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:
Any dwelling or nondwelling unit for which refuse, recyclables,
bulk waste and yard waste collection services are provided.
Stoves, air conditioners and refrigerators, water heaters
or tanks, washing machines, appliances, furniture, dead animals, and
other waste materials, with weights or volumes greater than those
allowed for bins and containers and which require collection in other
than conventional compactor refuse collection vehicles.
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.
Includes office and mixed paper; cardboard and flatboard;
newspapers, including colored inserts; manila or brown folders; glossy
paper; magazines; empty aerosol cans; telephone books; bi-metal, 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.
Any garbage, refuse, industrial lunchroom or office waste,
and other material including solid, liquid, semi-solid, or contained
gaseous material resulting from the operation of residential, municipal,
commercial, industrial or institutional establishments, or from community
activities, including any trace amounts of hazardous waste normally
found in such household trash, garbage, or refuse. The term does not
include either source-separated recyclable materials or "leaf waste"
as defined by Act 101, or chemotherapeutic wastes (to be disposed
of according to OSHA and ONS standards).
Shall include plant materials (leaves, branches, brush, flowers,
roots, weeds, etc.), prunings, and other types of biodegradable materials
and other mixtures of decayed or decaying organic material commonly
thrown away in the course of maintaining yards and gardens. The definition
of "yard waste" shall include leaf waste. The definition of "yard
waste" shall not include grass clippings. For the purposes of this
Part, Christmas trees shall be considered yard waste.
[Ord. No. 406, 6/24/2021]
1.
Imposition of Fees. Charges are hereby imposed as follows: Fees for
the collection of refuse, recyclables, bulk waste and yard waste shall
be in such amounts and calculated in such manner as may be established
from time to time by a resolution that is approved by the Plainfield
Township Board of Supervisors. The service for which this charge is
made is the removal from the premises of each billing unit (as defined
herein), once weekly, of the contents herein defined as refuse, recyclables,
bulk waste, and yard waste.
2.
Terms of Payment. Payment shall be remitted directly to the exclusive
contractor as authorized by the provisions of the Municipal Solid
Waste and Recycling Ordinance of Plainfield Township and a municipal
solid waste collection and recycling contract between Plainfield Township
and the contractor.
3.
Frequency of Billing. The contractor shall submit a bill for services
directly to the owners of each billing unit in accordance with the
provisions of the contract within 10 days following the end of each
billing quarter during which refuse, recyclables, bulk waste and yard
waste, as herein defined, are collected.
4.
Fee for Multi-Dwelling-Unit Properties. The charge for collecting
refuse, recyclables, bulk waste and yard waste from a multi-dwelling-unit
premises (including residential multi-dwelling units of five and under)
with a single owner shall be in accordance with the approved fee that
is set by resolution of the Board of Supervisors multiplied by the
number of billing 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.
5.
Delinquent Charge(s). Annual charges for refuse removal shall be
subject to a $300 fine if not paid within one year after the date
of billing. The Township shall collect, by suit or otherwise, all
refuse fees, interest, court costs, reasonable attorneys' fees,
fines and penalties due and unpaid in any manner permitted by law.
If for any reason any fee is not paid when due, the dwelling unit
owner shall be liable for all costs of collection, including court
costs and reasonable attorneys' fees.
6.
Liens. The contractor shall in the first instance initiate legal
proceedings in order to obtain a judgment against the defaulting property
owner. Only in the instances where the contractor was unable to effectuate
a judgment which would be entered in the Court of Common Pleas against
the property owner would the Township step in and file a municipal
lien pursuant to the Municipal Claims and Tax Liens Law of the Commonwealth
of Pennsylvania.[1]
[1]
See 53 P.S. § 7101 et seq.
[Ord. No. 406, 6/24/2021]
The provisions of this Part shall be severable; and if any provision
hereof shall be declared unconstitutional, illegal or invalid, such
decision shall not affect the validity of any of the remaining provisions
of this Part. It is hereby declared as a legislative intent of the
Township that this Part would have been amended as if such unconstitutional,
illegal or invalid provision or provisions had not been included herein.
[Ord. No. 406, 6/24/2021]
All other Township ordinances or parts thereof, as amended,
and Ordinance No. 377, that were adopted prior to this Part and are
in conflict with this Part are hereby repealed.
[Ord. No. 406, 6/24/2021]
This Part shall become effective immediately upon enactment.
