[Ord. 2008-12, 9/4/2008, § 1]
This Part shall be known as the "Hopewell Township Municipal
Waste Collection Ordinance of 2008."
[Ord. 2008-12, 9/4/2008, § 2]
For the purposes 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.
The word "shall" is always mandatory and not merely directory.
A hauler of municipal or solid waste and recyclable materials
pursuant to an exclusive contract with Hopewell Township, awarded
pursuant to this Part.
Any item such as discarded household items and appliances,
televisions, furniture, lawn mowers, automobile tires off rims (one
tire shall be considered one item) and other items too large for the
normal weekly trash collection; but specifically shall not include
construction materials, tires on rims, tree stumps, automobile and
truck parts or batteries, and hazardous materials which include but
are not limited to oils, chemicals and pesticides.
Leaves, garden residue, shrubbery and tree trimmings, and
similar material, but not including grass clippings. See "yard debris."
Leaves from deciduous trees, which have fallen from trees
as a result of seasonal changes. This term as used in this Part is
intended to be less inclusive than the terms "leaf waste" and "yard
debris."
Municipal waste as defined in the Pennsylvania Solid Waste
Management Act, 35 P.S. § 6018.101 et seq.
Any person, firm, partnership, association, corporation,
company or organization of any kind. Any gender shall include all
genders.
The controlled removal of valuable materials from a municipal
or solid waste processing or disposal site for reuse or sale for reuse.
Newsprint, magazines, junk mail, cardboard, plastics (marked
PETE or HDPE, 1 or 2), aluminum, steel, bimetal, aerosol cans and
glass, as well as any additional materials designated by the contractor,
which recyclable materials are to be collected separately and disposed
of in a manner which will allow reprocessing and reuse, as set forth
in this Part.
A residence of one to three dwelling units held in common
ownership and contiguous, including single family detached or attached
dwellings.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings.
Solid waste as defined in the Pennsylvania Solid Waste Management
Act, 35 P.S. § 6018.101 et seq., together with coal ash
and drill cuttings.
Hopewell Township.
One box, can, suitable plastic bag or carton, either empty
or filled with municipal waste when such material is assembled, broken
or cut up and tied securely in bundles. Units shall be of such size
that the longest dimension shall not exceed three feet and that the
volume shall not exceed 12 cubic feet; and, provided further, that
the total weight of any unit shall not exceed 50 pounds. Municipal
waste containing putrescible matter shall not be placed in units.
Has the same meaning as "leaf waste."
[Ord. 2008-12, 9/4/2008, § 3]
1.
Exclusive Contract Hauler. The Township, after requisite bidding procedures, shall award to one exclusive contract hauler an exclusive multi-year contract for the collection of municipal or solid waste for residential dwellings as specified in the contract documents relating thereto. Such exclusive contract shall commence on January 1, 2009, and run for the period specified in the documents or established by resolution from time to time. At a minimum, the contract hauling documents shall specify a specific day or days of each week when residential municipal waste, and recyclable materials pursuant to §§ 20-104 and 20-111, shall be collected by the exclusive contract hauler, as approved by the Township.
2.
Exclusive Right. The exclusive contract hauler shall have the exclusive right and obligation to haul municipal or solid waste from residential dwellings, as defined in § 20-102, within the Township, except for the following exemptions:
A.
Those persons who elect to personally dispose of their residential
municipal or solid waste. The placing of such waste at a curbside,
or the hiring of any person, other than an employee, to dispose of
such waste shall not be considered personal disposal for purposes
of this Part.
B.
Business and commercial establishments, apartment buildings containing
three or more dwelling units, and mobile home parks.
3.
Registration Required. The exclusive contract hauler shall register all vehicles used in the Township prior to January 1 of the first year of the exclusive contract, and prior to collecting municipal or solid waste in the Township. Registrations shall commence on January 1, and shall expire on December 31 of each calendar year of the contract. Additionally all persons collecting municipal or solid waste in the Township other than the exclusive contract hauler, pursuant to Subsection 3 shall register any vehicle used for such collection with the Township.
[Ord. 2008-12, 9/4/2008, § 4]
1.
Residential Recycling Required. The occupants of all residential dwellings, including but not limited to homes and apartments, unless exempted by § 20-103, Subsection 2, shall separate from other municipal waste generated in the residential dwelling all recyclable materials as defined in this Part, and shall place such recyclable materials in appropriate containers provided by or on behalf of the Township. The Township reserves the right to charge a reasonable fee for such containers. Such recyclable materials shall be placed at curbside by the occupant of the residential dwelling as set forth in § 20-105 of this Part.
2.
Duties of Exclusive Contract Hauler. The exclusive contract hauler
shall provide curbside recycling service at least once each week to
every resident serviced, per the contract documents and this Part.
All collectors providing recycling to customers in the Township are
required to conform to all ordinances of the Township, the Township
Solid Waste Management Plan, any County Plan and any statutes or regulations
of the Commonwealth of Pennsylvania. The exclusive contract hauler
shall keep accurate weight receipts for all designated recyclable
materials and municipal or solid waste collected from within the Township,
and must provide these totals to the Township annually or as often
as deemed necessary by or specified in the exclusive contract documents
and exclusive contract awarded by the Township. All collectors shall
make available for inspection by the Township any records and/or weight
receipts pertaining to customers in the Township. The exclusive contract
hauler shall permit the Township to use the information collected
pursuant to this section for purposes of applying for and obtaining
grants from the commonwealth.
[Ord. 2008-12, 9/4/2008, § 5]
1.
Compliance with Part. It shall be unlawful for any producer of municipal
or solid waste in the Township to dispose of any municipal or solid
waste except in accordance with the Pennsylvania Solid Waste Management
Act, 35 P.S. § 6018.101 et seq., this Part and the Hopewell
Township Solid Waste Management Plan.
2.
Business, Commercial Establishments; Apartment Buildings; Mobile
Home Parks. All business and commercial establishments, apartment
buildings containing three or more dwelling units, and mobile home
parks shall dispose of all municipal or solid waste by using the services
of a registered or other hauler authorized pursuant to this Part or
any other ordinances of the Township. Such waste shall be appropriately
stored until collection.
3.
Residential Dwellings. All owners or occupants of residential dwellings, unless exempted by § 20-103, Subsection 2A, of this Part, shall dispose of all municipal or solid waste by using the services of the exclusive contract hauler. Such owners and producers of residential municipal or solid waste shall become contractually bound to use and pay for such services in accordance with this Part, all other Hopewell Township ordinances, contract documents, regulations and applicable law, with the right on the part of the exclusive contract hauler to withdraw services for payments therefore which are delinquent for more than 90 days. It shall be a violation to refuse or neglect to pay for hauling services in the absence of a breach of contract by the exclusive contract hauler.
4.
Disposal Site. The disposal site for disposition of municipal waste
shall be the facility operated by the York County Solid Waste Authority
located at 2651 Blackbridge Road, York, Pennsylvania.
[Ord. 2008-12, 9/4/2008, § 6]
1.
Placement. Every occupant of a residential dwelling in the Township, unless exempted by § 20-103, Subsection 2A, of this Part, shall place for collection at the curbside of the residential dwelling all municipal or solid waste, and recyclable materials, in a proper container, and large items, before 6:00 a.m. on the day that dwelling is scheduled for collection by the exclusive contract hauler, and shall remove all containers from the curbside by no later than 6:00 a.m. on the day following collection. For occupants whose residences are on private lanes or streets, the collection point shall be at the intersection of the private lane or street with the nearest public street or road, unless the customer and the exclusive contract hauler make other arrangements between them. The Township shall not be a party to such arrangements.
2.
Leaf Waste and Yard Debris. All occupants of residential dwellings
utilizing the services of the exclusive contract hauler may include
leaf waste and yard debris with other municipal waste for disposal.
[Ord. 2008-12, 9/4/2008, § 7]
1.
Containers. All municipal or solid waste shall be placed in containers
equipped with a cover, and all such waste to be collected by the exclusive
contract hauler shall be placed in metal or plastic containers having
a definite shape equipped with covers, and having a capacity of no
more than 32 gallons, or in plastic containers not having a definite
shape including bags, but which are securely closed and which have
a capacity of no more than 32 gallons.
2.
Uncovered Waste. All municipal or solid waste or other material subject
to decay, excepting leaf waste or yard debris, shall be kept in a
tightly covered metal or plastic container having a definite shape.
It shall be unlawful to place or permit to remain such waste anywhere
in the Township other than in a tightly covered metal or plastic container
having a definite shape. Leaf waste or yard debris shall be kept in
a container such as a plastic bag.
[Ord. 2008-12, 9/4/2008, § 8]
The exclusive contract hauler collecting municipal or solid waste from residents within the Township shall make available said collection at least once each week to every resident serviced, or as required by the contract documents and the contract between the Township and the exclusive contract hauler. The number of weekly collections, the number of containers to be placed for collection, and the rules and limitations for the collection of large items as defined in § 20-102 of this Part, shall be collected pursuant to the contract documents and award to the exclusive contract hauler. Pursuant to the contract documents, upon the award of the exclusive contract pursuant to § 20-103, Subsection 1, of this Part, the exclusive contract hauler shall notify all owners of residential dwellings of the collection schedule, the number of containers permitted, and the means of collecting and any limitations on large items, pursuant to the contract documents.
[Ord. 2008-12, 9/4/2008, § 9]
For properties served by the exclusive contract hauler, Christmas trees shall be collected as municipal waste, shall be placed at the public street or alley edge where municipal or solid waste is normally placed on the scheduled collection day, and shall not be counted as a container for purposes of any limitation on the number of containers permitted, pursuant to § 20-113 of this Part.
[Ord. 2008-12, 9/4/2008, § 10]
The exclusive contract hauler shall collect large items as defined in § 20-102 of this Part to every resident serviced as required by the contract documents and the contract between the Township and the exclusive contract hauler.
[Ord. 2008-12, 9/4/2008, § 11]
It shall be a violation of this Part to place or permit to remain
any sewage above the surface of the ground in the Township.
[Ord. 2008-12, 9/4/2008, § 12]
It shall be unlawful to cause or permit to accumulate any municipal
or solid waste anywhere in the Township unless in a tightly covered
metal or plastic container having a definite shape, except that automobiles,
trucks, buses, motorcycles, trailers, motor scooters or other vehicles
capable of proceeding under their own power or being towed by a powered
vehicle which are included in the aforesaid definitions of municipal
or solid waste shall be completely housed or enclosed within a permanent
structure, not including tents, tarpaulins or temporary coverings
of any nature whatsoever.
[Ord. 2008-12, 9/4/2008, § 13]
It shall be unlawful to deposit or permit to fall from any vehicle any municipal or solid waste on any public street or alley in the Township; provided, that this section shall not be construed to prohibit placing municipal or solid waste in a container complying with the provisions of this Part preparatory to having such material collected and disposed of by a collector registered with the Township pursuant to § 20-103, Subsection 3, of this Part.
[Ord. 2008-12, 9/4/2008, § 14]
The exclusive contract hauler or any other hauler within the
Township shall pay promptly any damages inflicted upon property owners
or residents occasioned by the fault or negligence of the hauler or
its employees or agents. Failure of the hauler to promptly pay damage
occasioned by its fault or negligence shall subject the hauler to
immediate forfeiture of its authorization to collect waste in the
Township. Such failure shall also constitute a violation of this Part.
[Ord. 2008-12, 9/4/2008, § 15]
Collection of municipal or solid waste shall be made only in
trucks equipped with compactor-type units or with tarpaulin-covered
bodies. Any person collecting municipal or solid waste shall dispose
of said material only in compliance with the exclusive contract, the
Hopewell Township Solid Waste Management Plan, the Pennsylvania Solid
Waste Management Act, 35 P.S. § 6018.101 et seq., and, in
the event that it does not, then it shall be subject to forfeiture
of any authorization to collect municipal or solid waste in the Township.
Such failure shall also constitute a violation of this Part.
[Ord. 2008-12, 9/4/2008, § 16; as amended by Ord.
2016-1, 1/4/2016]
Any person, firm or corporation who shall violate any provision
of this Part, or failing to comply therewith, or with the terms and
conditions of the contract documents or the contract between the Township
and the exclusive contract hauler, shall be subject to any penalties
in the specifications for the exclusive contract and, in addition,
upon conviction thereof in an action brought before a magisterial
district judge 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 less than $100 nor more than $1,000
plus costs and reasonable attorney fees incurred by the Township in
the enforcement proceeding 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.
