Chapter 326 Solid Waste

Preparation of necessary plans for collecting municipal waste and recyclable materials and the coordination of those plans with the local, state and federal agencies. The Board of Supervisors or its designee in consultation with the Township Secretary and Township Solicitor shall develop instructions for bidders, specification and other contract documents to enter into a contract with an authorized collector.

Provide recycling containers, which includes the storage and distribution of containers, recording the distribution of the containers.

AUTHORIZED COLLECTOR/CONTRACTOR

Investigate complaints made by either the public or authorized collector.

§ 326-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AGRICULTURAL WASTE

Poultry and livestock manure, or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur-bearing animals, and their products, if the agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting and marketing of agronomic, horticultural and silvicultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands.

ALUMINUM CANS

Containers which are comprised entirely of aluminum and which formerly contained only nonaerosol substances.

Person, firm, or corporation contracted by the Township of Carroll to collect municipal waste and recyclable materials in accordance with the provisions of this article.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

BIMETAL CANS/STEEL CANS

Containers which are composed of ferrous metals such as aluminum, tin or steel in combination, which formerly contained only edible substances or such other substances as have been approved for recycling by the Department of Environmental Protection.

Includes, but is not limited to: cans formerly containing such substances as vegetables, meats, fruits, juices; or other similar food storage containers constructed of materials listed above.

Does not include: paint cans, hazardous cleaning substances, automotive supply cans (e.g., those formerly containing transmission fluids, motor oils, etc.), and other similar containers.

BULKY WASTE

Items of solid waste which, due to their size, shape or weight, cannot be collected as a part of the normal weekly municipal waste collection and, therefore, require special handling. For example, large household appliances, such as stoves and refrigerators; plumbing fixtures such as toilets and sinks; furniture, mattresses, box springs, rolled carpet, car tires, tools, machinery or parts thereof; and similar items in size shall be considered bulky waste.

BUNDLE

Tree, shrub and brush trimmings securely tied together forming an easily handled package not exceeding four feet in length or 50 pounds in weight.

CARDBOARD

All corrugated or other cardboard normally used for packaging, mailing, shipping or containerizing goods, merchandise or other materials, excluding plastic, foam, or wax-coated or soiled cardboard.

CHRISTMAS TREE COLLECTION

A separate collection and transportation of trees to a mulching site designated by the Township.

COLLECTOR

That individual, partnership, firm, corporation or business entity designated by the Township by means of an independent contract, as the person having the exclusive right and privilege to collect, haul, carry, or remove municipal solid waste and/or recyclable materials from residential establishments within the Township.

COMMERCIAL ESTABLISHMENTS

Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers, and theaters.

COMMERCIAL WASTE

All municipal waste emanating from commercial establishments. This category includes but is not limited to waste originating in stores, markets, office buildings, restaurants, shopping centers, theaters, and industrial operations.

COMMINGLED

Source-separated recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).

COMMUNITY ACTIVITIES

Events that are sponsored by public or private agencies or individuals, including but not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.

COMPOSTING

A microbial degradation of organic waste to produce a relatively nuisance-free product of potential value as a soil conditioner.

CONSTRUCTION/DEMOLITION WASTE

Municipal waste resulting from the construction, demolition, or remodeling of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include the following if they are separate from other waste and are used as clean fill:

Uncontaminated soil, rock, stone, gravel, unused brick and block and concrete.

Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.

CONTAINER

A receptacle with a capacity of greater than 20 gallons but less than 40 gallons constructed of plastic, metal, or fiberglass, of adequate strength for lifting and prevention of spillage or leakage of the contents, i.e., cans, plastic trash bags. The weight of any single container and its contents shall not exceed 50 pounds. The mouth of a reusable container shall have a diameter greater than or equal to that of any part of the container.

COUNTY

The County of York, Commonwealth of Pennsylvania.

COUNTY PLAN

The York County Municipal Solid Waste Management Plan as ratified by the majority of York County municipalities and approved by the Pennsylvania Department of Environmental Protection.

DESIGNATED RECYCLABLE MATERIALS

Those materials specified by the Township of Carroll for separation, collection, processing, recovery or reuse as part of a recycling program. A material which would otherwise become solid waste, which can be collected, separated, or processed, and returned to the economic mainstream in the form of raw materials or products.

DWELLING UNIT

Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating by one family.

GLASS

All clear (flint), green and brown (amber) colored glass containers. Glass shall not include crystal, ceramics, light bulbs, plate, and window, laminated, wired or mirrored glass.

HAZARDOUS WASTE

Garbage, refuse or sludge from an industrial or other wastewater treatment plant; sludge from a water supply treatment plant or air pollution control facility; and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities; or a combination of the above.

INSTITUTIONAL ESTABLISHMENTS

Any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools, and universities.

LEAF WASTE

Leaves, tree trimmings, bushes, garden residue, and other similar plant materials, but not including grass clippings.

MULTIPLE-FAMILY DWELLING

A freestanding building containing four or more dwelling units or a group of attached or semiattached buildings containing four or more dwelling units for housing four or more families or housekeeping units for residential, noncommercial inhabitants.

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 States of America, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth of Pennsylvania, including but not limited to Carroll Township, any counties, cities, boroughs, townships and municipal authorities.

MUNICIPAL ESTABLISHMENT

Any federal, state, county, school district, or municipal office building, any school district or municipal maintenance, repair, or service building.

MUNICIPAL RECYCLING PLAN

The recycling plan developed by and for this municipality. The Municipal Recycling Plan sets forth:

The materials to be recycled within the municipality;

The method for collection and disposition of said recyclables;

The recovery rate goals;

The publicity and education measures to be used to promote recycling; and

The budget line item allocations for implementation of recycling pursuant to this article and the County Plan.

MUNICIPAL WASTE/MUNICIPAL SOLID WASTE

Any garbage, refuse, industrial lunchroom, or office waste and any other material, including solid waste, liquid, semisolid or contained gaseous materials resulting from the operation of residential, municipal, commercial or institutional establishment 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 wastewater treatment plant, wastewater treatment plant, or air pollution control facilities. (Pennsylvania Act 101, § 103)

MUNICIPALITY

The Township of Carroll located within the County of York, Commonwealth of Pennsylvania.

PAPER

Mixed paper commonly referred to as newsprint/inserts, magazines, phone books, catalogs and junk mail distributed at fixed intervals, having printed thereon news and opinions and containing advertisement and matters of public interest, including office paper and paperboard, i.e., cereal and shoe boxes.

PERSON

Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipal authority, public facility or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, penalty, or imprisonment; the term "person" shall include the officers and directors or a corporation or other legal entity having officers and directors. The singular shall include the plural.

PICKUP POINT

Location where municipal waste and designated recyclable material are to be placed for collection by the authorized collector.

PLASTIC CONTAINERS

Empty and clean #1 to #7 plastic containers with necks smaller than their bases, and most commonly, but not limited to, plastic bottles used as containers for soda, milk, and other consumer food products or for household cleaning products or for personal care products. Not including plastic containers used for oils, paints, solvents, chemicals or otherwise potentially hazardous material and not including any other plastic product.

RECYCLING

Any process by which materials, which would otherwise become municipal waste, are collected, separated, or processed, and returned to the economic mainstream in the form of raw materials or products.

RECYCLING BIN/RECYCLING CONTAINER

The plastic bin or container provided by Carroll Township for the express purpose of storing recyclable materials for curbside pickup by the Township's authorized collector.

RESIDENT

Any human being residing within the Township on a temporary or permanent basis, but excluding persons residing in hotels or motels.

RESIDENTIAL ESTABLISHMENT

Any single or multifamily dwelling unit, including multifamily rental housing properties with four or more units.

RESIDENTIAL MUNICIPAL WASTE

Municipal solid waste that is generated at a residential establishment.

RESIDUAL WASTE

Garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, if it is not hazardous. (See Pennsylvania Bulletin Vol. 18, No. 15, April 9, 1988, for exclusions.)

SINGLE STREAM

Paper and commingled products dumped and sorted at the same location so separation of materials is not required.

SOURCE SEPARATE

To separate recyclable materials from the municipal waste stream at the point of waste generation.

STREET

A public or private way used for public travel, excluding alleys.

TOTER

A specially designed reusable unit to temporally store municipal waste material until the contents are transferred to a waste disposal collection vehicle.

TOWNSHIP

The governmental jurisdiction and legal entity of the Township Carroll, York County, Pennsylvania.

[1]

Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 326-11 Establishment of recycling program.

Establishment of program. There is hereby established within Carroll Township a mandatory municipal solid waste and recycling program for separate collection of municipal solid waste and designated recyclable materials from all persons located in the Township.

Residential establishments.

Source separation. Residents of residential establishments shall source separate all designated recyclable materials and place them at the pickup point for their residence in a manner designated in § 326-11D of this article.

Collection. Designated recyclable materials shall be collected on the date specified for collection by the schedule published by the Township and the authorized collector.

Designated recyclable materials. Designated recyclable materials shall be established by resolution of the Board of Supervisors.

Source separation requirements. All designated recyclable materials placed at the curbside by residential establishments for collection pursuant to this article shall be prepared as follows:

Mixed papers shall be placed in recycling bins with containers.

Cardboard shall be flattened and placed in the recycling bins. Multiple pieces of cardboard must be flattened, tied together and placed alongside the recycling bin.

Glass containers shall have caps and lids removed (disposed as nonrecyclable waste).

(4)

Glass, aluminum cans, steel cans, bimetal cans, and plastic bottles shall be rinsed free of contaminants and residue.

(5)

Mixed papers, cardboard, glass, aluminum cans, steel cans, bimetal cans, and plastic bottles shall be placed in the recycling bin provided by the Township. No other municipal waste or recyclable materials other than designated recyclable materials shall be placed in the recycling bin.

(6)

No material shall be placed at the pickup point earlier than 2:00 p.m. of the day preceding a scheduled collection day. Materials must be placed at the pickup point by 6:00 a.m. on the scheduled collection day to ensure pickup. The flattened and tied cardboard and recycling bins containing the designated recyclable materials shall be placed at the pickup point for collection adjacent to one another and clearly separated from other containers of municipal waste.

(7)

Only recycling bins distributed by the Township may be used for designated recyclable material collection. Plastic garbage bags or other home-use containers shall not be utilized as containers for designated recyclable materials. This is to insure designated recyclable materials are not mixed with municipal waste.

Leaf waste. All persons who reside in residential establishments and all persons who are responsible for the operation of commercial, institutional and municipal establishments who gather leaf waste shall source-separate all leaf waste and place it for collection, unless those persons have otherwise provided for the composting of leaf waste.

Commercial, institutional, municipal establishments and community activities.

Commercial, institutional, municipal establishments and community activities are hereby required to separate office paper, aluminum cans and cardboard and any other recyclable materials designated in § 326-11C and store such materials until collection. Recyclable materials shall be collected a minimum of one time per month.

The owner, landlord or agent of an owner or landlord of multifamily rental housing properties with four or more units may comply with its responsibilities under this section by establishing a collection system for recyclable materials at each property. The collection system must include suitable containers for collecting 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 section shall not be liable for noncompliance of occupants of their buildings.

§ 326-12 Contract required to collect, haul or dispose of municipal waste and/or designated recyclable material from dwelling units.

The Township shall exempt persons occupying commercial, including multifamily rental housing properties with four or more units, institutional and municipal establishments within its boundaries from the requirements of the curbside recycling program if those persons have otherwise provided for the recycling of materials required to be recycled by this article.

(4)

Reports. Each commercial, institutional, municipal establishment and community activities shall submit to the Township, on or before the first day of each February, a report summarizing the amount of municipal waste and the amount and type of designated recyclable material collected during the preceding year. Said reports shall be submitted on a form to be furnished by the Township and shall be certified as to accuracy by the hauler.

Public information and education program. Specific program regulations shall be provided to all residents of the Township in a form determined by the Township. The Board of Supervisors is empowered to make changes in program requirements from time to time without the need to revise this article. Said changes shall be made through approval of the Board of Supervisors in the form of a resolution effective upon public notice and notification of all affected parties.

Municipal ownership of designated recyclable materials. From the time of placement of recyclable items at the roadside or other designated location, the recyclable items shall become the property of the Township until collected by the authorized collector. It shall be a violation of this article for any person unauthorized by the Township to collect, pick up or cause to be collected or picked up any such items. Any and each collection in violation hereof from one or more locations shall constitute a public nuisance.

No burning of designated recyclable materials. No burning of designated recyclable materials, either openly or in closed containers, shall be permitted in Carroll Township.

Marketing of recycling materials. All persons who collect, transport, and/or process recyclables are responsible for ensuring the marketing of these materials. It shall be a violation of this article for the authorized collector of recyclable materials to deliver such materials to a solid waste landfill, solid waste transfer station or incinerator for the purpose of disposal. The authorized collector will provide to the municipality the weight receipts of the recyclable materials.

Other means of residential recycling. Notwithstanding anything in this article to the contrary, any resident of the Township may donate or sell any designated recyclable material to any other person; provided, however, that the person receiving the designated recyclable material does recycle it and does not collect the donated or sold designated recyclable materials from the pick up point. Residents doing their own recycling pursuant to this section are encouraged to furnish the Township at the end of each year a report showing the amount of designated recyclable material sold or donated during the year.

Contract. It shall be unlawful for any person, other than the Township or its authorized collector to collect, haul and/or dispose of municipal waste or recyclable material in Carroll Township from residential establishments unless:

A contract exists between the Township and the person collecting, hauling and/or disposing of municipal waste and/or designated recyclable material.

All residential establishments, as defined herein, shall participate individually in the solid waste contract with the authorized collector.

Reports. Each authorized collector shall submit to the Township, on or before the first day of each February, a report summarizing the amount of municipal waste and the amount and type of designated recyclable material collected from residential establishments in Carroll Township during the preceding collection period. Said reports shall be submitted on a form to be furnished by the Township and shall be certified as to accuracy by the hauler.

Billing, payment and collection procedures.

Each owner of a residential establishment within the Township shall be required to pay the authorized collector a quarterly or semiannual fee (the "fee") for the collection, transportation and disposal of municipal waste and recyclable materials. This fee shall be paid regardless of the amount or type of municipal waste and/or recyclable material put out for collection. The fee charge by the authorized collector has or shall be established by a contract entered into or to be entered into between the Township and the authorized collector pursuant to public bidding requirements. The Township accepts no responsibility whatsoever for the collection of the fee to be charged to the owner of each residential establishment. The authorized collector shall be solely responsible for the collection of any fees.

All fees which remain unpaid 30 days after the invoice date shall be deemed delinquent. All delinquent accounts shall have added to them a penalty as set by contract. Thereafter, the penalty fee shall be imposed once during each quarter that the delinquent balance remains unpaid. The Township or the authorized collector is authorized to waive such penalty in whole or in part, if either party believes it is in the best interest of the Township to do so.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 326-13 Prohibited acts; responsibilities.

If the owner of a residential establishment shall fail to pay any charges or fees after the same becomes delinquent, the authorized collector is authorized to file a civil action against the owner for the collection of fees, related charges, penalties, interest and costs of collection, including reasonable attorney's fees and an administrative fee as set by the contract.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(4)

In the event the authorized collector is unable or refuses to complete its contract with the Township and, as a result, the Township must assume a part or all of the responsibilities of the authorized collector, or assigns the remaining term of the contract of the authorized collector contract, all the remedies set forth in this article shall be available and accrue to the Township or its assigned successor authorized collector to enforce responsibilities of the residential establishments served, and collect any and all fees existing or generated by collection of municipal waste and/or recyclable materials.

Violations.

It shall be unlawful for:

(a)

Any person to violate or to cause or to assist in the violation of any provision of this article or any provisions of Pennsylvania Act 101[1] concerning recycling.

[1]

Editor's Note: See 53 P.S. § 4000.101 et seq.

(b)

Any person to place or to cause to place any material other than designated recyclable material from the dwelling unit in a recycling bin at the pickup point during the scheduled collection period.

(c)

Any person to hinder, to obstruct, to prevent, or to interfere with the Township or an authorized collector in the performance of any duty under this article or in the enforcement of this article.

(d)

Any person to cause or allow designated recyclable materials from other dwelling units within or outside the municipality to be placed at the pickup point for collection.

(e)

Any person to cause or to allow their pets to cause municipal waste or recyclable materials to be scattered or spilled from recycling bins or bundles that have been placed for collection.

(f)

Theft of Township recycling bins.

(g)

Willful damage to or unauthorized use of Township recycling bins.

(h)

Any person other than the designated/licensed authorized collector to collect any designated recyclable material which has been placed at the pickup point for collection or within a recycling dropoff point pursuant to this article.

All violations set forth in this section shall constitute a public nuisance.

Responsibilities.

Residents that have placed municipal waste and/or designated recyclable materials that have been scattered or spilled from containers or bundles placed for curbside pickup, other than from negligence of the authorized collector, shall promptly replace such material.

Authorized collectors that scatter or spill contents from containers or bundles through negligence are to promptly collect and remove said materials.