[Ord. 91-3, 2/12/1991, § 1; as amended by Ord. No. 3-2019, 3/14/2019]
This Part shall be titled "The Canton Township Recycling Ordinance of 2019."
[Ord. 91-3, 2/12/1991, § II; as amended by Ord. 2-2002, 5/15/2002; and by Ord. No. 3-2019, 3/14/2019]
As used in this Part, the following terms shall have the meanings indicated:
ALUMINUM
Empty all-aluminum beverage or food cans.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
CLEAN RECYCLABLES
Not exposed to foreign substances or conditions rendering them unusable for recycling.
COLLECTOR
The entity or entities authorized by the Township to collect recyclable materials from residents, or authorized by commercial, municipal and institutional establishments that do not receive collection services from the Township to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes, and those multiple-dwelling residential buildings containing more than four dwelling units.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel or tin coated food or beverage containers.
GLASS CONTAINERS
Expressly excluded, from the recycling program of Canton Township, are bottles and jars made of clear, green or brown glass, noncontainer glass, late glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
HIGH GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including, but not limited to, hospitals, nursing homes, orphanages, day-care centers, schools and universities.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTIES
Any properties having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the Township and other governmental and quasigovernmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[1] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plan or air pollution control facility. The term does not include source-separated recyclable materials.
MUNICIPALITY
Canton Township.
NEWSPAPERS
Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
PERSON(S)
Owners, lessees and occupants of residences and commercial, municipal and institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the Township may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Township and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include, but are not necessarily limited to, aluminum, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper, leaf waste, plastic and any other items selected by the Township or specified in future revisions to Act 101. The recyclable materials selected by the Township may be revised from time to time as deemed necessary by the Township.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through composition) and creation and recovery of reusable materials.
RESIDENCES
Any occupied single or multifamily dwellings having up to four dwelling units per structure for which the Township provides municipal waste collection service.
SOURCE SEPARATED RECYCLING MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[Ord. 91-3, 2/12/1991, § III; as amended by Ord. 2-2002, 5/15/2002, § 1; and by Ord. No. 3-2019, 3/14/2019]
1. 
Canton Township hereby amends a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from all residences and all commercial, municipal and institutional establishments located in the Township for which waste collection is provided by the Township or any other collector. Collection of the recyclable materials shall be made at least once per month by the Township, its designated agent or any other solid waste collectors operating in the Township and authorized to collect recyclable materials from residents or from commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program.
2. 
Specific program regulations are provided as an attachment to this Part. The Board of Supervisors are empowered to make changes to program regulations as necessary, as described in § 20-210. Subsequent changes in the program regulations may be made through the Board of Supervisors and public notice and notification of all affected parties.
3. 
This Part is ordained pursuant to the Second Class Township Code.
[Ord. 91-3, 2/12/1991, § IV; as amended by Ord. No. 3-2019, 3/14/2019]
1. 
All persons who are residents of Canton Township shall separate all of those recyclable materials designated by the Township from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection, and shall place same for collection in accordance with the guidelines established hereunder. This recycling effort does not include glass containers and other glass materials.
A. 
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the Township for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the Township and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Township shall be responsible for returning the allocated container(s) to the Township or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this Part.
B. 
An owner, landlord or agent of an owner or landlord of a multifamily rental housing property with more than four units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this Part shall not be liable for noncompliance of occupants of their buildings.
C. 
If recyclable materials are collected by a collector other than the Township or its authorized agent, owners, landlords and agents of owners or landlords shall submit an annual report to the Township reporting the tonnage of materials recycled during the previous year.
2. 
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste.
3. 
Persons must separate high grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Township generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. A person may be exempted from this subsection if this person submits documentation to the Township annually indicating that the designated recyclable materials are being recycled in an appropriate manner.
4. 
If recyclable materials are collected by a collector other than the Township or its authorized agent, occupants of said establishments shall submit an annual report to the Township reporting the tonnage of materials recycled during the previous year.
[Ord. 91-3, 2/12/1991, § V; as amended by Ord. No. 3-2019, 3/14/2019]
All recyclable materials placed by the persons for collection by the Township or authorized collector pursuant to this Part shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by § 20-108 of this Part. Nothing in this Part shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection. Any rebate paid by the hauler of recyclable materials is the property of the Township and shall be deposited in the Township general fund to be used at the discretion of the Supervisors.
[Ord. 91-3, 2/12/1991, § VI; as amended by Ord. No. 3-2019, 3/14/2019]
It shall be a violation of this Part for any person, firm or corporation other than the Township or one authorized by the Board of Supervisors or other entity responsible for providing of collection of recyclable materials, to collect recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the Township or an authorized collection, unless each person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments as one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. 91-3, 2/12/1991, § VII; as amended by Ord. No. 3-2019, 3/14/2019]
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the Board of Supervisors or other entity responsible for authorizing collection of recyclable materials to make such a collection.
[Ord. 91-3, 2/12/1991, § VIII; as amended by Ord. No. 3-2019, 3/14/2019]
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this Part. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source separated recyclable materials in landfills or to be burned in incinerators is prohibited unless markets do not exist and the collectors or operators have notified the Board of Supervisors in writing.
[Ord. 91-3, 2/12/1991, § IX; as amended by Ord. 2-2002, 5/15/2002, § 1; by Ord. No. 1-2019, 1/10/2019; and by Ord. No. 3-2019, 3/14/2019]
1. 
The Board of Supervisors is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this Part as deemed necessary including, but not limited to:
A. 
Establishing recyclable materials to be separated for collection and recycling by residents, and additional recycling materials to be separated by commercial, municipal and institutional establishments.
B. 
Establishing collection procedures for recyclable materials.
C. 
Establishing reporting procedures for amounts of materials recycled.
D. 
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
E. 
Establishing procedures and rules for the collection of leaf waste.
2. 
Any person, firm or corporation who shall violate the provisions of this Part shall receive an official written warning of noncompliance for the first and second offense. Thereafter all such violations shall be subject to the penalties hereinafter provided.
3. 
Except as hereinafter provided, any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and cost, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
4. 
The Township reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.
[Ord. 91-3, 2/12/1991, § X; as amended by Ord. No. 3-2019, 3/14/2019]
The Township may enter into (an) agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recycling materials from curbside.
[Ord. 91-3, 2/12/1991, § XII; as amended by Ord. No. 3-2019, 3/14/2019]
The Township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 20-109.
[Added by Ord. No. 3-2019, 3/14/2019]
In the event that any provision, section, sentence or portion of this Part shall be held invalid, such invalidity shall not effect or impair any of the remaining provisions of this Part, as the provisions are severable and would have been enacted had not such invalid provisions been included herein. All ordinances or part of ordinances, which are inconsistent herewith, are hereby repealed.
[Ord. 91-4, 2/12/1991, § I]
This Part shall be known and referred to as the "Municipal Solid Waste Ordinance."
[Ord. 91-4, 2/12/1991, § II; as amended by Ord. 2-2002, 5/15/2002, § 1]
1. 
The following words and phrases as used in this Part shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101).
BULKY WASTE
Large items of solid waste including, but not limited to, appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to size, shape or weight.
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business including but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
CONTAINER
A portable device in which waste is held temporarily for storage or transportation.
COUNTY
The County of Washington or the Washington County Board of Commissioners.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection (DEP).
DISPOSAL
The disposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
GARBAGE
Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing including but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service including but not limited to, hospitals, nursing homes, orphanages, schools and universities.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any municipal waste collector or hauler possessing a current, valid municipal license issued by Canton Township pursuant to this Part.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional waste supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
MUNICIPALITY or TOWNSHIP
Canton Township, Washington County, Pennsylvania.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions 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 any other legal entity having officers and directors.
RUBBISH
All non-putrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
SALVAGING
The controlled removal or recycling of material from a solid waste processing or disposal facility.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SOLID WASTE
Any waste including but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year shall constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
2. 
In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.
[Ord. 91-4, 2/12/1991, § III]
1. 
It shall be unlawful for any person to accumulate or permit to accumulate on any public or private property within the Township, any garbage, rubbish, bulky waste or any other municipal or residual waste except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
2. 
It shall be unlawful for any person to burn any solid waste within the Township except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
3. 
It shall be unlawful for any person to process and/or dispose any solid waste in the Township except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
4. 
It shall be unlawful for any person to collect, haul, transport or remove any solid waste from public or private property within the Township without a current, valid license to do so issued by Canton Township.
5. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Township without prior written approval from the Township.
6. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Township except at an approved and permitted resource recovery facility under any applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
[Ord. 91-4, 2/12/1991, § IV]
1. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
2. 
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein.
3. 
Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the department's Title 25, Chapter 285, Subchapter A, Regulations for the Storage of Municipal Waste.
[Ord. 91-4, 2/12/1991, § V; as amended by Ord. 2-2002, 5/15/2002, § 1]
1. 
All households, homeowners, commercial, industrial and institutional establishments within the Township shall utilize the services of a licensed collector for disposal of their domestic waste or household waste.
2. 
All licensed collectors and waste haulers shall comply with the minimum standards for collection and transportation of municipal waste set forth in the department's Title 25, Chapter 285, Subchapter B, Regulations for Collection and Transportation of Municipal Waste.
3. 
All municipal waste collected within the Township shall only be conveyed or transported to a transfer station, processing facility and/or disposal site permitted by the Department of Environmental Protection and/or other regulatory agencies pursuant to the approved Municipal Waste Management Plan for Washington County.
[1]
Editor’s Note: Former § 20-206, Licensing Requirements, adopted 2/12/1991 by Ord. No. 91-4, as amended, was repealed at time of adoption of Code.
[Ord. 91-4, 2/12/1991, § VII]
The Township may petition the Court of Common Pleas, Washington County, for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this Part.
[Ord. 91-4, 2/12/1991, § VIII; as amended by Ord. 2-2002, 5/15/2002, § 1; amended at time of adoption of Code]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a Magisterial District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.