[Adopted 10-27-1987 by Ord. No. 3-1987]
This article shall be known as the "Scott Township Municipal
Waste Management Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
A person applying for a license as a collector.
COLLECTOR
A person licensed by the Township to collect, transport and
dispose of municipal waste.
DISPOSAL
Incineration, deposition, injection, dumping, spilling, leaking
or placing of municipal waste into or on the land or water in a manner
that the municipal waste or a constituent of municipal waste enters
the environment, is emitted into the air or is discharged to the waters
of the Commonwealth of Pennsylvania.
DISPOSAL AREA
Any site, location, area, building, structure, transfer station
or premises to be used for municipal waste disposal.
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
GLASS CONTAINERS
All products made from silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packaging
or bottling of various matter and all other material commonly known
as "glass," excluding, however, blue and flat glass and glass commonly
known as "window glass."
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service to persons, including
but not limited to hospitals, nursing homes, orphanages, schools and
universities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities,
except farm-produced manure, other agricultural waste and food processing
waste used on land where such materials will improve the condition
of the soil, the growth of crops or the restoration of the land for
the same purposes, and any sludge not meeting the definition of residual
or hazardous wastes as defined in Pennsylvania Act 97.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest. Magazines and periodicals as well as all
other paper products of any nature are not considered newspaper.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
RECYCLABLES
Material having an economic value in the secondary materials
market. The following materials have such economic value: aluminum
cans and articles, bimetal cans, glass containers, corrugated paper
(cardboard and paper bags), magazines, computer printout paper, computer
tab cards, office paper, steel cans, newspaper and paper products
not chemically coated.
REFUSE
Garbage, rubbish and trade waste.
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 constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
TOWNSHIP
Scott Township, Columbia County, Pennsylvania.
TRANSPORTATION
The off-site removal of any municipal waste at any time after
generation.
Nothing contained herein shall be deemed to prohibit any person
from hauling such municipal waste on an irregular and unscheduled
basis to any facility permitted by the Commonwealth of Pennsylvania
Department of Environmental Protection.
Nothing contained in this article shall prohibit a farmer from
carrying out the normal activities of his farming operation, including
composting and spreading of manure or other farm-produced agricultural
wastes.
It shall be unlawful for any persons, except those duly authorized
by the Township, to collect, transport and dispose of municipal waste
of any nature within or from the Township.
Persons who collect, transport and dispose of their own municipal
waste are hereby authorized to do so, provided that they comply with
all relevant provisions of this article.
Authorization to collect, transport and dispose of municipal
waste for persons other than oneself may be given only by the Township
through the issuance of a municipal waste collection license (hereinafter
called "license"). All applications for licensing shall be reviewed
by the Township and shall be approved in accordance with the following
criteria:
A. Licenses may be issued to only those persons who can provide satisfactory
evidence that they are capable of providing the necessary services
and can comply with the provisions and intent of this article.
B. Applicants for a license shall furnish the following information:
(1) The number of vehicles, the make, model, Pennsylvania license plate
number and size of the vehicle to be used for collection and hauling.
(2) The location, address, hours of business and telephone number of
the business office to receive calls from persons in the Township
who receive collection service.
(3) A certificate of the applicant's worker's compensation
insurance as required by law.
(4) A certificate of insurance coverage providing complete third-party
comprehensive, bodily injury and property damage liability insurance,
the limits of which shall not be less than $100,000/$300,000 for bodily
injury and $50,000 for property damage.
(5) In addition to the above, all other information which the Township
may request and deem necessary prior to the issuance of a license.
C. Licenses shall be issued on a calendar-year basis but may be revoked
or rescinded by the Township in accordance with the following:
(1) The Township may revoke the license immediately in the event that
the collector violates or fails to comply with any of the terms of
this article.
(2) The Township may rescind the license should the Township decide to
provide for the collection and disposal of municipal waste by some
method other than the licensing procedure established by this article.
Such rescission shall occur 90 days after the Township sends written
notice thereof to the collector.
D. Conditions relating to licenses:
(1) A license shall be issued for only one year on a calendar-year basis.
The annual fee for such license shall be set from time to time by
resolution of the Board of Supervisors. The license fee is not refundable
and shall not be prorated. The fee shall be submitted with the application
for such license. Payment shall be made by check or money order only,
payable to Scott Township.
[Amended 10-10-1995 by Ord. No. 1-1995]
(2) Signs shall be displayed on vehicles as described herein:
(a)
The collector shall display the license number on each vehicle
in a manner established by the Township in letters and numbers not
less than two inches in height, clearly legible, as follows: "Scott
Township License No. _____."
(b)
The collector shall display on each side of the body of each
vehicle, preferably on the doors, the name of the firm and the telephone
number of the firm's office or headquarters in letters and numbers
no less than three inches in height and clearly legible.
(c)
Any vehicle used by the collector in the Township to collect, transport and dispose of municipal waste shall be marked in accordance with Subsections
D(2)(a) and
(b) above within 10 days after a license is issued.
(3) The collector shall maintain each vehicle used to collect, transport
and dispose of municipal waste in the Township in good operating condition
to assure that the schedule of collections can be maintained. The
collector shall keep each vehicle clean and painted so as to present
a favorable appearance.
(4) The Township shall have the right to inspect all vehicles prior to
the issuance of a license and during the period that the license is
in effect.
(5) The collector shall be responsible for the manner in which collector's
employees perform work in connection with the collection, transportation
and disposal of municipal waste under the terms of this article.
(6) The collector shall pay all costs to be charged for the use of the
disposal system and facilities.
(7) The Township shall have the right to designate the disposal facilities
that a collector shall use for the disposal of municipal waste collected
within the Township.
(8) A license may not and shall not, in any manner whatsoever, be sold,
assigned, leased, transferred, conveyed or otherwise disposed of by
a collector.
The storage of all municipal waste shall be practiced so as
to prevent the attraction, breeding or harborage of insects or rodents
and to prevent conditions which may create potential hazards to the
public health or which create fire and other safety hazards, odors,
unsightliness or public nuisance.
Any person accumulating or storing garbage on private or public
property in the Township for any purpose whatsoever, including waste
being stored temporarily for door-to-door collection, shall place
the same or cause the same to be placed in sanitary closed or covered
containers in accordance with the following standards:
A. Containers used for the storage of municipal waste shall be of metal,
plastic or fiberglass construction; rust- and corrosion-resistant;
equipped with lids; waterproof and leakproof; and, except in the case
of bulk containers, shall not exceed 20 gallons in capacity. Plastic
trash bags, if not punctured, may be used to store municipal waste.
B. A sufficient number of containers shall be provided to contain all
municipal waste materials generated during periods between regularly
scheduled collections that are required to be placed in containers.
To facilitate collection, bulk containers shall be placed, whenever
possible, at ground level and at a point on the property being serviced
by the collector that will enable clear and easy access to the container
by the collector's vehicle.
All municipal waste produced, collected and transported from
within the jurisdictional limits of the Township shall be promptly
disposed of at facilities permitted by the Pennsylvania Department
of Environmental Protection and in accordance with Scott Township's
Municipal Solid Waste Management Plan.
In addition to other disposal procedures permitted by this article,
bulky wastes, such as but not limited to refrigerators, stoves, other
appliances, pieces of furniture, auto parts and other such household
goods and equipment, may be disposed of in the manner designated by
the Township at any cleanup or collection fixed or set by the Township.
Any person transporting municipal waste within the Township
shall prevent and/or clean up and remove any spillage from vehicles
or containers.
All agreements and charges for collection, transportation and
disposition of municipal waste shall be by private contract between
the person and the collector.
The municipality may establish and revise from time to time
regulations for the placing of recyclables for collection.
From the time of placement of recyclables by anyone for collection
in accordance with the terms hereof, items shall be and become the
property of the party designated by the municipality or its agents.
It shall be a violation of this article for any unauthorized person
to collect or pick up or cause to be collected or picked up any such
items. Any and each such collection in violation hereof from one or
more residences shall constitute separate and distinct offenses punishable
as hereinafter provided.
[Amended 10-10-1995 by Ord. No. 1-1995]
Any person violating any of the provisions of this article shall
be guilty of a summary offense and shall, upon conviction thereof,
be sentenced to pay a fine not exceeding $600 plus costs of prosecution
or, in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days. Every violator of the provisions of this
article shall be deemed guilty of a separate offense for each and
every day such violation shall continue and shall be subject to the
penalty imposed by this section for each and every such separate offense.
This article shall be subject to all applicable federal and
state laws, rules and regulations, including the rules and regulations
as set forth by the Pennsylvania Department of Environmental Protection.
The Supervisors may establish and revise regulations governing
any matters covered by this article.
[Adopted 9-10-2013 by Ord. No. 9-10-B]
This article shall be known and may be cited as the "Recycling
Ordinance of Scott Township."
It is hereby declared to be the purpose of this article to coordinate
and regulate recycling and disposal of recyclable material as herein
defined in order to protect the public safety, health and welfare
of the people of Scott Township, hereinafter also referred to as the
"municipality."
For the purpose of this article, the following words and phrases
shall have the meaning given herein.
AUTHORIZED COLLECTOR
A person, individual, partnership or corporation or employer
or agent thereof authorized by Scott Township to collect solid waste
including items to be recycled from residential, commercial, and institutional
properties, as herein defined under the terms and conditions of this
article. All authorized collectors within the Township shall collect
both solid waste and recyclable materials from each property serviced.
In the event of municipal collection, this definition shall include
the governing body and employees thereof.
[Amended 6-10-2014 by Ord. No. 6-10-14C]
BIMETALLIC CANS
Empty food or beverage containers consisting of both steel
and aluminum.
BOARD OF SUPERVISORS
The Scott Township Board of Supervisors, the governing body
of Scott Township, Columbia County, Pennsylvania.
COMMERCIAL PROPERTIES
All properties used for industrial or commercial purposes.
The definition shall not include multifamily residential buildings
or that portion of a mixed-use building that is used for single-family
residential purposes.
COMMINGLING
The mixing of recyclable materials (e.g., glass and metal),
which will later be separated by the recycling facility.
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by a municipality, or
conducted within the municipality and sponsored privately, which include,
but are not limited to, fairs, bazaars, socials, picnics and organized
sporting events that will be attended by 200 or more individuals per
day.
GATED COMMUNITY
A collection of individual properties created by the process
of the subdivision of one or more parent tracts that are primarily
serviced by private roads and where the property owners, usually through
a property owners' association, jointly pay for the upkeep and servicing
of amenities. For purposes of this article, the collection of solid
waste shall be considered an amenity. A physical gate is not necessary
for a community to be considered a gated community for purposes of
this article.
GLASS CONTAINERS
All empty food and beverage jars or bottles made from silica
or sand, soda ash, and limestone, the product being transparent or
translucent (either clear, green or brown); excluding, however, flat
glass, plate glass, glass commonly known as "window glass," automotive
glass and ceramic and porcelain products.
METAL CONTAINERS
Includes but shall not be limited to aluminum cans, bimetallic
cans, and steel cans.
PLASTIC CONTAINERS
Empty plastic food and beverage containers not to exceed
five gallons, the specific types of which may, from time to time,
be designated by resolution of the Township Supervisors.
RECYCLABLE MATERIALS
Those materials specified by the municipality in §
115-26B of this article and those specified by the individual collector for separate collection in accordance with recycling regulations.
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 combustion) and creation and recovery of reusable materials
other than as fuel for the operation of energy.
RECYCLING FACILITY
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource-recovery facilities.
RESIDENTIAL PROPERTY
Properties used as dwellings, including buildings having
up to four dwelling units in one building.
YARD WASTE
Leaves, garden residues, shrubbery, tree trimmings and similar
material. The term shall not include grass clippings.
The collection of recyclable materials in Scott Township and
the disposal thereof shall be subject to such further reasonable rules
and regulations as may from time to time be promulgated by the Board
of Supervisors; provided, however, that no such rules and regulations
shall be contrary to the provisions of this article or applicable
law.
This article hereby incorporates the reporting requirements
of the Municipal Waste Planning, Recycling and Waste Reduction Act
of 1988 by reference thereto.
Prior to the operation of any solid waste storage, transfer,
processing or disposal facility within Scott Township, the applicant
shall be required to present evidence of insurance coverage.
Scott Township may petition the Court of Common Pleas for an
injunction, either mandatory or prohibitive, to enforce any of the
provisions of this article.
This article shall take effect January 1, 2014.