[HISTORY: Adopted by the Board of Supervisors of Carroll
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-1-1967 by Ord.
No. 9-1967]
A.Â
It shall
be unlawful to throw, dump, deposit, or otherwise place any paper,
junk, trash, rubbish, ashes, waste garbage, raw sewage, human waste,
or discarded materials of any kind in or on any street or highway
or into, along, or upon any public stream of the Township of Carroll.
B.Â
It shall
be unlawful for any person to throw, dump, discard, or otherwise place
any paper, junk, trash, rubbish, ashes, waste garbage, raw sewage,
or human sewage, or discarded materials of any kind in or along any
sidewalk or in or at the side of any street or highway or in or at
the side of any stream in Carroll Township unless the same is placed
there temporarily for collection and disposal in containers with lids
closed tight.
C.Â
It shall
be unlawful for any person to throw, dump, deposit, or otherwise place
any paper, junk, trash, ashes, waste garbage, raw sewage, or human
sewage, or discarded materials of any kind in or on any public or
private property (vacant or occupied) in the Township of Carroll,
or to maintain accumulations of such material save for the temporary
storage in tight containers prior to collection.
It is the intention of the Supervisors of Carroll Township to
prohibit the accumulation of garbage, rubbish, waste, or junk on public
or private property and the carrying on of any offensive manufacturing
or business dealing with the same, which would constitute a nuisance
at common law or a public nuisance within the meaning of the Act of
May 20, 1957, P.L. 174, § 5; 53 P.S. § 66529.
The Supervisors of Carroll Township are authorized personally
or by their agents to remove any nuisance or dangerous structure or
accumulation of rubbish, garbage or waste on any public or private
grounds if the owner of the premises fails so to do after 10 days'
notice in writing and to impose the cost of such removal together
with the fine hereafter provided in this article by some summary proceeding.
The Supervisors of Carroll Township be and are hereby authorized
to maintain an action in a Court of Equity to abate by injunctive
relief any violators of this article.
This article is enacted pursuant to the authority vested in
the Township Supervisor by the Act of June 19, 1961, P.L. 486, § 1
and by the Act of June 6, 1963, P.L. 73, § 1; 53 P.S. § 66601.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Adopted 4-14-2014 by Ord. No. 2014-229]
This article shall be known as the "Carroll Township Municipal
Waste Disposal and Recycling Ordinance."
The purpose of this article is to provide for the health, safety
and welfare of the residents of the Township of Carroll by regulating
the collection, storage, transportation, removal, dumping, deposit,
disposal and recycling of municipal waste by instituting a comprehensive
municipal waste disposal management program.
A.Â
The Board of Supervisors or its designee shall be responsible for
all aspects of this Waste Collection and Recycling Program in the
Township of Carroll.
B.Â
Responsibilities include:
(1)Â
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.
(2)Â
Provide recycling containers, which includes the storage and distribution
of containers, recording the distribution of the containers.
(3)Â
Investigate complaints made by either the public or authorized collector.
As used in this article, the following terms shall have the
meanings indicated:
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.
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)]
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.
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.
Tree, shrub and brush trimmings securely tied together forming
an easily handled package not exceeding four feet in length or 50
pounds in weight.
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.
A separate collection and transportation of trees to a mulching
site designated by the Township.
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.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers, and theaters.
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.
Source-separated recyclable materials that have been mixed
at the source of generation (i.e., placed in the same container).
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.
A microbial degradation of organic waste to produce a relatively
nuisance-free product of potential value as a soil conditioner.
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:
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.
The County of York, Commonwealth of Pennsylvania.
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.
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.
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.
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.
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.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities.
Leaves, tree trimmings, bushes, garden residue, and other
similar plant materials, but not including grass clippings.
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.
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.
Any federal, state, county, school district, or municipal
office building, any school district or municipal maintenance, repair,
or service building.
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.
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)
The Township of Carroll located within the County of York,
Commonwealth of Pennsylvania.
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.
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.
Location where municipal waste and designated recyclable
material are to be placed for collection by the authorized collector.
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.
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.
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.
Any human being residing within the Township on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
Any single or multifamily dwelling unit, including multifamily
rental housing properties with four or more units.
Municipal solid waste that is generated at a residential
establishment.
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.)
Paper and commingled products dumped and sorted at the same
location so separation of materials is not required.
To separate recyclable materials from the municipal waste
stream at the point of waste generation.
A public or private way used for public travel, excluding
alleys.
A specially designed reusable unit to temporally store municipal
waste material until the contents are transferred to a waste disposal
collection vehicle.
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.
A.Â
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.
B.Â
Residential establishments.
(1)Â
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.
(2)Â
Collection. Designated recyclable materials shall be collected on
the date specified for collection by the schedule published by the
Township and the authorized collector.
C.Â
Designated recyclable materials. Designated recyclable materials
shall be established by resolution of the Board of Supervisors.
D.Â
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:
(1)Â
Mixed papers shall be placed in recycling bins with containers.
(2)Â
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.
(3)Â
Glass containers shall have caps and lids removed (disposed as nonrecyclable
waste).
(4)Â
Glass, aluminum cans, steel cans, bimetal cans, and plastic bottles
shall be rinsed free of contaminants and residue.
(5)Â
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)Â
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)Â
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.
E.Â
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.
F.Â
Commercial, institutional, municipal establishments and community
activities.
(1)Â
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.
(2)Â
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.
(3)Â
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)Â
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.
G.Â
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.
H.Â
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.
I.Â
No burning of designated recyclable materials. No burning of designated
recyclable materials, either openly or in closed containers, shall
be permitted in Carroll Township.
J.Â
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.
K.Â
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.
A.Â
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:
B.Â
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.
C.Â
Billing, payment and collection procedures.
(1)Â
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.
(2)Â
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)]
(3)Â
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)Â
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.
A.Â
Violations.
(1)Â
It shall be unlawful for:
(b)Â
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)Â
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)Â
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)Â
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)Â
Theft of Township recycling bins.
(g)Â
Willful damage to or unauthorized use of Township recycling
bins.
(h)Â
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.
(2)Â
All violations set forth in this section shall constitute a public
nuisance.
B.Â
Responsibilities.
(1)Â
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.
(2)Â
Authorized collectors that scatter or spill contents from containers
or bundles through negligence are to promptly collect and remove said
materials.
(3)Â
Authorized collectors are not required to collect designated recyclable
materials not properly prepared for curbside pickup in accordance
with this article or contract for services.
A.Â
Enforcement. The Township Secretary and Township Code Enforcement
Officer shall have the authority to enforce the provisions of this
article.
B.Â
Violations and penalties. Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a Magisterial
District Judge, pay a fine of not more than $600, plus all court costs,
including reasonable attorneys' fees, incurred by the Township in
the enforcement of this article. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]