[Ord. 2008-5, 8/5/2008, § 101]
1. This Part hereby establishes a program for collection, storage, transportation,
processing and disposal of municipal waste and for the mandatory source
separation and separate curbside collection and recycling of designated
recyclables; providing for the regulation of private haulers; disposal
of designated recyclables and leaf waste recycling with municipal
waste; prohibiting the burning of designated recyclables and leaf
waste; empowering the Township to adopt (reasonable regulations/policies
and procedures) thereof and fixing penalties for violation of this
Part.
2. All domestic, commercial, institutional and industrial recyclables
accumulated upon any property within Stroud Township shall be collected
and removed by a private hauler who shall be permitted by the State
of Pennsylvania. Waste shall be disposed of in accordance with the
Solid Waste Management Act, 35 P.S. § 6018.101 et seq.,
and the Monroe County Municipal Waste Plan.
3. This Part shall provide mandatory participation in the recycling
program in accordance with the requirements of Act 101 of 1988, 53
P.S. § 4000.101 et seq., and govern all aspects of the collection,
storage, transportation, processing and disposal of municipal solid
waste in Stroud Township. It contains regulations that are applicable
to collectors of municipal waste and/or recyclables, individuals,
developments and commercial, municipal and institutional establishments,
and community activities.
[Ord. 2008-5, 8/5/2008, § 102]
An Ordinance to establish a program in accordance with the requirements
of Act 101 of 1988, 53 P.S. § 4000.101 et seq., for the
mandatory source-separation, separate collection and recycling of
designated recyclable materials, and composting of leaf waste, from
residences and properties receiving municipal waste collection service
from or on behalf of the Township of Stroud for recycling and composting
purposes; to prohibit the disposal of designated recyclable materials
into the conventional municipal waste disposal system; to empower
the Township to promulgate and adopt reasonable rules and regulations
therefore; and to fix penalties for violation of this Part.
[Ord. 2008-5, 8/5/2008, § 103]
As used in this Part, the following terms shall have the meaning
indicated, unless a different meaning appears clearly from the context:
AGENT
One who performs an act for his immediate family or for another
person as defined in this Part, with or without compensation.
AUTHORIZED COLLECTOR
A private hauler (as defined herein), or a person who, being
so authorized by the terms of this Part, who removes municipal waste
or recyclables from his own premises, as owner of the building or
commercial, municipal or institutional establishment or community
activity conducted there in, or as an agent of another person.
BI-METALLIC CANS
Empty food or beverage containers consisting of both steel
and aluminum.
BULK ITEMS
Any large durable goods such as refrigerators, washing machines,
window air conditioners, hot water heaters, dishwashers and any other
major home appliances in addition to other larger bulk items such
as dressers, beds, mattresses, sofas, television sets and other large
household items.
COLLECTOR
A general term referring to any person who collects, for
removal from premises, municipal waste or recyclables.
COMMERCIAL
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, financial or professional service or office enterprise,
business or establishment.
COMMUNITY ACTIVITY
Events sponsored in whole or in part by a mandated municipality,
or conducted within a 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.
COMPOSTING
The process of the biological decomposition of organic solid
waste being biologically decomposed under controlled anaerobic or
aerobic conditions to yield humus like product.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, of the type normally used to make packing
cartons and boxes.
CURBSIDE
That location at the edge of any lot, parcel or piece of
land adjacent to a public right-or-way or roadway, and which location
is most accessible and/or convenient to any authorized collector,
as defined by this Part, for the purpose of collecting municipal waste
and/or recyclables.
CURBSIDE COLLECTION
A method of collection of residentially generated recyclables
by which the owners or occupants of certain residential properties
by placing them at curbside at a time designated by Stroud Township
for collection and removal thereof for delivery to a recycling center.
DESIGNATED RECYCLABLES
Those recyclable materials specified by Stroud Township for
collection under its mandatory recycling program.
DEVELOPMENT
A recorded residential subdivision in which homeowners are
members of a duly organized, validly existing property owners association
or corporation and which has been recognized by and registered with
the Board of Supervisors of Stroud Township, as required by this Part.
DISPOSAL
The incineration, deposition, injection, dumping, spilling,
leaking or placing of municipal waste into or on the land or water
in a manner such that the municipal waste or a constituent thereof
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 empty food and beverage jars or bottles, the product
being transparent or translucent (clear, green or brown). Expressly
excluded are noncontainer glass, window or plate glass, light bulbs,
blue glass and porcelain and ceramic products.
HIGH GRADE PAPER
Bond, copier, letterhead or mimeograph paper typically sold
as "white ledger" paper, and computer paper.
INSTITUTIONAL
Of, or pertaining to, any establishment engaged in service
to persons including, but not limited to, hospitals, nursing homes,
schools, universities, churches and social or fraternal societies
and organizations.
LANDLORD
The owner of residential property, made subject to a lease,
or such owner's authorized agent.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue,
shrubbery and tree trimmings and similar materials, but not including
grass clippings.
MAGAZINES
Printed matter, also known as "periodicals." Containing miscellaneous
written pieces published at fixed or varying intervals, printed on
glossy or chemically coated paper. Expressly excluded are newspapers
and all other paper products of any nature whatsoever.
MULTIFAMILY DWELLING
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains four or more dwelling units.
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 including,
but not limited to, Stroud Township, any Counties, Cities, Boroughs,
Townships and municipal authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste
and other materials, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal
or commercial or institutional establishments, or from community activities
and which are not classified as residual or hazardous waste, except
farm produced manure, other agricultural waste and food processing
with 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 waste," as defined in Commonwealth of Pennsylvania Solid
Waste Management Act, 35 P.S. § 6018.101 et seq. The term
does not include source-separated recyclable materials or leaf waste.
MUNICIPAL WASTE LANDFILL
Any facility that is designed, operated, used and or maintained
for the disposal of municipal waste. The term shall not include any
facility that is used exclusively for disposal of construction/demolition
waste or sludge from sewage treatment plants or water supply treatment
plants.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and
distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing advertisements
and other matters of public interest. The term "newspaper" expressly
excludes glossy advertising inserts, magazines, glossy or other chemically
coated paper, office paper and any other paper products of any nature.
PERSON
Any agent, individual, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
federal government or agency, state institution 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 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 other legal entity having officers and directors.
PLASTIC CONTAINERS
Empty plastic food and beverage containers, the specific
types of which are:
(1)
#1 PET (e.g., soft drink bottles).
(2)
#2 HDPE (e.g., milk and water jugs, detergent and shampoo bottles
and similar items).
(3)
Other such plastic as may be designated by resolution of the
Stroud Township Supervisors.
PRIVATE HAULER
A person licensed by the State of Pennsylvania as per the
amended Title 25, Pa. Code (Environmental Resources), Waste Transportation
Safety Program, of the Pennsylvania Consolidated Statutes, to collect
haul transport municipal waste and recyclables. All such haulers shall
comply with the provisions of Title 27, Pa.C.S.A., as well as all
federal, state, county and local laws and regulations.
RECYCLABLES
Materials designated as recyclable in this Part, or required
by the terms of this Part (or any amendment hereto) to be kept separate
from municipal waste and recycled. The term includes leaf waste (as
defined herein).
RECYCLING FACILITY
A facility employing a technology and/or 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 not
composting facilities or resource recovery facilities. The term does
not include:
(2)
Methane gas extraction from a municipal waste landfill.
(3)
Any separation and collection center, drop-off point or collection
center for recycling, or any source-separation or collection center
for comporting leaf waste.
(4)
Any facility, including all units in the facility with a total
processing capacity of less than 50 tons per day.
RESIDENT
Any person residing or sleeping in a building; or having
possession of a space within a building.
RUBBISH
Solid waste exclusive of garbage (e.g., non-recyclable glass,
metal, paper or plastic) and noncompostable plant material, wood or
nonputrescrible solid waste.
STEEL CANS
Empty food or beverage containers made of steel, tin-coated
steel or ferrous metal food or beverage containers.
STORAGE
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such municipal waste.
It shall be presumed that the containment of any municipal waste in
excess of one year constitutes disposal. This presumption may be overcome
only by clear and convincing evidence to the contrary.
TOWNSHIP
Stroud Township, Monroe County, Pennsylvania.
TRANSFER STATION
A facility that receives and processes or temporarily stores
municipal or residual waste at a location other than the generation
site and which facilitates the transportation or transfer of municipal
or residual waste to a processing or disposal facility. The term includes
a facility that uses a method or technology to convert part or all
of such waste materials for off-site refuse. The term does not include
a collection or processing center that is only for source-separated
recyclable materials, including clear glass, colored glass, aluminum,
steel and bimetallic cans, high-grade office paper, newsprint, corrugated
paper and plastic. Nor does the term include the designated location
of a container within the development where agents of the lot's
owners have deposited municipal waste collected from the development
residences for subsequent collection and disposition by a private
hauler.
TRANSPORTATION
The removal from any site or location of any municipal waste
or recyclable materials at any time after generation thereof.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. The term does not include source-separated recyclable
materials, leaf waste or material approved by the Commonwealth of
Pennsylvania, Department of Environmental Protection for beneficial
use.
[Ord. 2008-5, 8/5/2008, § 104]
1. It shall be unlawful for any person to store, dump, discard or deposit,
or to permit the storage, dumping, discarding or depositing of any
municipal waste or recyclables upon the surface of the ground or underground
within the Township, except in proper containers for purposes of storage
or collection, and except where the waste or recyclables are of such
size or shape as not to permit their being placed in such containers.
It shall be unlawful for any person to dump or deposit any municipal
waste or recyclables in any stream, body of water or on any public
right-or-way within the Township.
2. Every owner of property or occupant thereof responsible for such
property's day-to-day operation or maintenance shall pick up
and discard in any appropriate receptacle any municipal waste, recyclables
or other debris and place same at the curbside location or on the
sidewalk or gutter in front of or adjacent to their property. All
owners or operators of commercial, institutional and municipal establishments
in the Township shall take all reasonable precautions to prevent the
deposit and accumulation of debris on their premises. Such owner or
operator may place appropriate waste containers on the sidewalks in
front of or adjacent to, their premises at a point that will not create
a hazard to traffic or pedestrians. Any such receptacles so placed
shall be emptied on a regular basis and maintained in a neat and clean
appearance.
3. Nothing contained herein shall prohibit a duly constituted property
owners association or corporation from assembling municipal waste
or recyclables at a central, accessible location, provided such activities
are conducted and confined within the boundaries of that real estate
development or subdivision as defined herein, lawfully recorded and
recognized as such.
4. Nothing contained herein 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 waste,
provided such activities be conducted in accordance with all applicable
laws, rules and regulations.
5. Bulk containers shall not be permitted to overflow or to have waste
strewn or left about them on the ground. A violation of this provision
shall be deemed a violation of this Part by the person on whose property
the bulk container is located, if it is located on private property.
6. No waste or recyclables shall be allowed to neither accumulate on
the ground or be disposed of on highways, Township roads, vacant lots
or other property, nor be thrown in any stream or other body of water.
7. From time to time, the Township Supervisors may, by resolution, enumerate
alternative recyclables, which will require to be separated from municipal
waste and collected in accordance with this chapter provided a sixty-day
notification is given to private haulers and residents.
[Ord. 2008-5, 8/5/2008, § 105]
1. No person shall ignite, cause, feed, permit or maintain any open
fire for the destruction of solid waste or recyclables, to include
leaf waste, designated in this Part on any property under his control,
except as hereinafter provided.
A. Exceptions to Open Burning Prohibition.
(1)
Open fires may be set in the performance of an official duty
of any public officer if the fire is deemed necessary for the prevention
of a fire hazard, which cannot be abated otherwise; and for the protection
of public health.
(2)
No open burning shall occur during any fire ban emergency declared
pursuant to this provision.
(3)
Nothing contained herein shall prohibit a farmer from carrying
out the normal activities of his farming operations, provided such
activities are conducted in accordance with all applicable laws, rules
and regulations.
(4)
Campfires and wood fires for food preparation.
[Ord. 2008-5, 8/5/2008, § 106]
1. Recyclables and leaf waste shall be kept separate from municipal
waste for the purpose of recycling and composting respectively, to
the extent required by the following provisions:
A. Owners and occupants of all residential properties shall keep separate
the following designated recyclables: clear glass containers, brown
glass containers, green glass containers, aluminum cans, tin cans,
plastics #1 and plastics #2, and newspapers. Leaf waste is required
to be separated for the purposes of composting.
B. Owners and occupants of all commercial, municipal and institutional
establishments and properties and organizers of community activities
shall keep separate the following recyclables: clear glass containers,
brown glass containers, green glass containers, aluminum cans, corrugated,
newspapers, and high-grade office paper. Leaf waste shall also be
kept separate for the purpose of composting. Owner and occupants of
commercial, municipal and institutional establishments may seek an
exemption to the requirements of this Part (as specified under Act
101, § 4000.1501) if the owners and occupants have otherwise
provided for recycling of the materials they are required by this
Part to recycle. To be eligible for an exemption a commercial, municipal
or institutional solid waste generator must annually provide written
documentation to the Township of the total number of tons recycled.
C. Additionally, the Township may subsequently enumerate additional
recyclables that will be required to be separated from municipal waste
and collected in accordance with this Part, provided a sixty-day notification
is provided to private haulers and residents.
D. Corrugated paper shall be placed in easy-to-manage bundles not to
exceed 50 pounds and kept dry. Glass containers and aluminum cans
shall be emptied and cleaned. Aluminum cans and glass containers may
be mixed together and placed in containers initially provided by the
Township. High-grade office paper shall be placed in boxes not to
exceed 50 pounds. Recyclables shall not be placed in the same garbage
can or other container as or otherwise mixed with, municipal waste
for collection, removal or disposal. Recyclables shall not be placed
in plastic bags or other disposable bags or containers made of polyethylene
or other similar base.
E. Recyclables may be set out for collection in a manner different from
the requirements in Subsection 1B (above) if the authorized private
hauler that is approved by the Township designates an alternative
manner.
[Ord. 2008-5, 8/5/2008, § 107]
1. Unless otherwise provided for composting, all persons who gather
leaf waste shall keep leaf waste from trees, bushes and other plants,
garden residue, shrubbery and tree trimmings but not including grass
clippings, separate from all other forms of municipal waste and separate
from recyclables. Such leaf waste shall be set out for collection
at the times and in a manner to be designated by the Township and
shall be collected and delivered by the Township to its leaf composting
facility. The leaf waste collection schedule shall be advertised by
the Township two weeks prior to the Fall and Spring collections.
2. Nothing herein shall required any person to gather leaf waste or
prevent any person from utilizing leaf waste for compost, mulch, or
other agricultural or horticultural purposes.
[Ord. 2008-5, 8/5/2008, § 108]
For residential properties other than multifamily dwellings,
all recyclables, which are required to be kept separate from municipal
waste in residential properties, shall be placed at curbside or some
appropriate location on the premises, to be collected at times designated
by the Township. The frequency of such collection shall be not less
than twice per calendar month during the — and — week
of each month.
[Ord. 2008-5, 8/5/2008, § 109]
1. For multifamily dwellings, all recyclables, which are required to
be kept separate from municipal waste, in residential properties,
shall be picked up by a private hauler separately from municipal waste,
in a prearranged manner for the exclusive purpose of recycling.
2. The owner, landlord or agent or, when appropriate, the Board of directors,
of every multifamily dwelling shall require, by a clause in the lease
or other enforceable rule or regulation, that the tenants in such
property comply with the requirements of this Part governing separation
and/or placement for removal of recyclables in multifamily dwellings.
Every such landlord shall set up a convenient and practical collection
system in such properties for the collection, storage and placement
for removal of recyclables generated by the residents of such properties.
3. The collection system must include suitable containers for collection
and sorting materials, easily accessible locations for the containers
and written instructions to the occupants concerning the use and availability
of the collection system.
4. Owners, landlords and agents of owners or landlords who comply with
the aforementioned requirements relative to multifamily dwellings
shall not be liable for the noncompliance of occupants of their building.
[Ord. 2008-5, 8/5/2008, § 110]
All recyclables, which are required to be kept separate from
municipal waste in commercial, municipal and institutional establishments
and properties and community activities, either shall be delivered
directly to a recycling center or shall be picked up by an authorized
private hauler separately from municipal waste, in a prearranged manner,
for the exclusive purpose of recycling. Commercial, municipal and
institutional establishments and community activities shall not place
recyclables within or near the public right-of-way for curbside collection,
such curbside collection being intended solely for the placement of
recyclables generated in residential properties other than multifamily
housing properties.
[Ord. 2008-5, 8/5/2008, § 111]
1. Every commercial, municipal and institutional establishment and community
activity sponsor or organizer shall annually complete a form to be
designated "Recycling Plan for Commercial, Municipal and Institutional
Establishments and Community Activities," to be provided by the Township,
on which the establishment or sponsor shall set forth its planned
method for removal of recyclables.
A. On the recycling plan, each establishment shall set forth its name,
the address of the premises to which the plan pertains, the name and
address of the building owner, the name and address of the private
hauler who regularly services the establishment, the method of municipal
waste disposal utilized by the establishment if no private hauler
is used, and, in such case, where the waste is disposed of.
B. The recycling plan shall further set forth the name and business
address of the employee or other person responsible for arranging
disposal or removal of municipal waste and recyclables within the
establishment, the method by which recyclables will be removed by
the establishment, who will remove the recyclables, and the destination
of the recyclables.
C. The operator of the business or other establishment occupying the
premises, whether or not such person is the owner of the building,
shall be responsible for filing the recycling plan. For community
activities, the sponsor or organizer shall be responsible for filing
the recycling plan.
D. The recycling plan required hereby must be submitted annually to
the Township at its designated office, and shall be acted upon and
either approved or disapproved by the Township's designated official,
and shall be acted upon and either approved or disapproved by the
Township's designated official within 60 days of proper filing
thereof. If no action is taken within 60 days, then the plan shall
be deemed approved. Any person required by this Part to complete and
submit a recycling plan and obtain approval thereof, and who fails
to do so, shall be guilty of a violation of this Part.
E. If, during any calendar year, the identity of the commercial, municipal
or institutional establishment or community activity sponsor, the
method of removing recyclables, or the identity of the private hauler
regularly servicing the property shall change, then the establishment
or sponsor shall, at the time of such change(s), submit a revised
recycling plan for the balance of the calendar year, accurately setting
forth the change(s).
2. Each commercial, municipal and institutional establishment and community
activity sponsor or organizer shall complete a form to be designated
"recycling report," to be provided by the Township, which shall indicate
where the property's recyclables were delivered or picked up
by whom. Such report shall provide information on the type and amount
of each material recycled.
3. The recycling report and all weigh slips obtained from the facility
or facilities to which the recyclables are delivered or taken shall
be submitted quarterly to the Township. For purposes of submitting
such weigh slips and recycling reports quarterly to the Township,
the private hauler who removed the recyclables from the property may
be the agent for the commercial, municipal and institutional establishment
and community activity sponsor or organizer and shall be responsible
for completing and submitting such to the Township. Each such quarterly
recycling report shall be submitted on or before the last day of the
first month of each quarter for the preceding quarter. Quarters shall
run on a calendar year basis thus: January through March; April through
June; July through September; and October through December.
[Ord. 2008-5, 8/5/2008, § 112]
1. The landlord of every multifamily housing property shall annually
complete a form to be designated "Recycling Plan for Multifamily Housing
Properties," to be provided by the Township, on which the landlord
shall set forth his planned method for removal of recyclables.
A. One such plan shall be completed and submitted for each property.
All pertinent information requested on the plan shall be provided
prior to submission. Each such recycling plan shall set forth the
name and address of the landlord, the address of the property to which
the plan pertains, and the name and address of the private hauler
who regularly services the property.
B. The recycling plan shall further set forth the name and business
address of the employee or other person responsible for arranging
disposal or removal of municipal waste and recyclables within the
property, the method by which recyclables will be removed from the
property, who will remove the recyclables, and the destination of
the recyclables.
C. The recycling plan required hereby must be submitted quarterly to
the Township at its designated office, and shall be acted upon and
either approved or disapproved by the Township's designated official
with 60 days of proper filing thereof. If no action is taken within
60 days, then the plan shall be deemed approved. Any person required
by this Part to complete and submit a recycling plan and obtain approval
thereof, and who fails to do so, shall be guilty of a violation of
this Part.
D. If, during any calendar year, the identity of the landlord, the method
of disposing of recyclables, or the identity of the private hauler
regularly servicing the property shall change, then the landlord of
such multifamily housing property shall, at the time of such change(s),
submit a revised recycling plan for the balance of the calendar year,
accurately setting forth such change(s).
2. The landlord of every multifamily housing property and every commercial,
municipal and institutional establishment and community activity sponsor
shall complete a form to be designated "recycling report," to be provided
by the Township, which shall indicate where the property's recyclables
were delivered or picked up by whom. Such report shall provide information
on the type and amount of each material recycled.
3. The recycling report and all weigh slips obtained from the facility
or facilities to which the recyclables are delivered or taken shall
be submitted quarterly to the Township. For purposes of submitting
such weigh slips and recycling reports quarterly to the Township,
the private hauler who removed the recyclables from the property may
be the agent for the landlord, operator of the establishment or sponsor
of the activity and shall be responsible for completing and submitting
such to the Township. Each such quarterly recycling report shall be
submitted on or before the last day of the first month of each quarter
of the preceding quarter. Quarters shall run on a calendar year basis
thus: January through March; April through June; July through September;
and October through December.
[Ord. 2008-5, 8/5/2008, § 114]
1. Private developments and property owners associations shall annually
complete a form to be designated "Recycling Plan for Private Developments"
to be provided by the Township, on which the development shall set
forth a planned method for removal of recyclables. All recyclables,
which are required to be kept separate from municipal waste in residential
properties, either shall be collected curbside by the development
and delivered directly to a recycling center or shall be picked up
by an authorized private hauler separately from municipal waste. In
a prearranged manner, for the exclusive purpose of recycling.
A. One such plan shall be completed and submitted for each development.
All pertinent information requested on the plan shall be provided
prior to submission. Each such recycling plan shall set forth the
name and address of the development, and the name and address of the
private hauler or haulers who regularly services the development,
the method of municipal waste disposal utilized by the development,
if no private hauler is used, and in such case, where the municipal
waste is disposed of.
B. The recycling plan shall further set forth the name and business
address of the employee or other person responsible for arranging
disposition or removal of municipal waste and recyclables within the
property, the method by which recyclables will be collected and removed
from the property, who will remove the recyclables, and the destination
of the recyclables.
C. The recycling plan required hereby must be submitted annually to
the Township at its designated office, and shall be acted upon and
either approved or disapproved by the Township's designated official
within 60 days of proper filing thereof. If no action is taken within
60 days, then the plan shall be deemed approved. Any person required
by this Part to complete and submit a recycling plan and obtain approval
thereof, and who fails to do so, shall be guilty of a violation of
this Part.
D. If, during any calendar year, the method of collecting or disposition
of recyclables, or the identity of the private hauler regularly servicing
the property shall change, then the development shall, at the time
of such change(s) submit a revised recycling plan for the balance
of the calendar year, accurately setting forth such change(s).
E. Private developments and property owners associations shall be responsible
to distribute recycling information outlining program details to each
household twice annually, once every six months, compliant with the
requirements of the Township and Act 101, 53 P.S. § 4000.101
et seq. A copy of said information shall be provided to the Township
at the time of distribution.
2. Each development shall complete a form to be designated "recycling
report," to be provided by the Township, which shall indicate where
the property's recyclables were delivered or picked up by whom.
Such report shall provide information on the type and amount of each
material recycled.
3. The recycling report and all weight slips obtained from the facility
or facilities to which the recyclables are delivered or taken shall
be submitted quarterly to the Township. For purposes of submitting
such weigh slips and recycling reports quarterly to the Township,
the private hauler who removed the recyclables from the property may
be the agent for the development and shall be responsible for completing
and submitting such to the Township. Each such quarterly recycling
report shall be submitted on or before the last day of the first month
of each quarter for the preceding quarter. Quarters shall run on a
calendar year basis thus: January through March; April through June;
July through September; and October through December.
[Ord. 2008-5, 8/5/2008, § 114]
All private haulers shall submit to the Township a recycling
report and all weight slips obtained from the facility or facilities
to which the recyclables were delivered or taken. The said weight
slips shall indicate the weight of all recyclables collected from
within the Township. Each such quarterly recycling report shall be
submitted on or before the last day of the first month of each quarter,
for the preceding quarter. Quarters shall run on a calendar year basis,
thus: January through March; April through June; July through September;
and October through December.
[Ord. 2008-5, 8/5/2008, § 115]
From the time of placement of residentially generated recyclable
items for collection in accordance with the terms of this Part, the
items shall be and become the property of the private hauler. It shall
be a violation of this Part for any person unauthorized by the Township
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 locations shall constitute a separate and distinct offense punishable
as hereinafter provided.
[Ord. 2008-5, 8/5/2008, § 116]
The presence of any articles containing a person's name
among municipal waste and recyclables shall create a refutable presumption,
for purposes of this Part that said municipal waste or recyclables
are, or were, the property of the person whose name is found therein.
[Ord. 2008-5, 8/5/2008, § 118]
1. Any person accumulating or storing municipal waste or recyclables
on private or public property within the Township, including recyclables
assembled within a development, for any purpose whatsoever shall place
the same, or cause the same to be placed, in a closed or covered sanitary
container, in accordance with the following standards:
A. Containers used for the storage of municipal waste shall be of plastic
or metal construction, equipped with lids and waterproof. All such
containers shall be approved by the Township.
B. No person, except the occupants of the property on which a waste
container is placed, a private hauler, the Township Zoning Officer
or such other person as the Township may designate and are duly authorized
agent or representative of property owners association or corporation
recognized as such by the Township, shall remove the lids of the container
and/or remove the contents thereof.
C. All of the recyclables will be placed in the above-mentioned containers.
Prior to placement, all plastic containers shall have the tops removed.
All containers shall be rinsed and cleaned prior to placement in the
recycling container for curbside pickup.
[Ord. 2008-5, 8/5/2008, § 118]
1. Every owner of property or occupant thereof shall contract with an
individual, entity or firm which is an authorized private hauler (consistent
with the requirements of this Part) to have all municipal waste and
designated recyclables generated on the premises by any occupants
of the premises removed for proper disposition as provided for in
this Part and shall maintain proof of said contract or services for
a period of two years.
2. No person other than an authorized hauler shall collect or remove
municipal waste or designated recyclables from any other person's
property unless otherwise provided for herein. All agreements for
collection, transportation and disposition of municipal waste and/or
recyclables shall be by private contract between the owner or occupant
of the property where the material is generated or on their behalf
by a properly authorized property owners association and the private
hauler who is to collect it.
3. Nothing herein shall limit the right of the Township to implement
public collection of solid waste and/or recyclables either by entering
into contracts or by engaging in any collection practice permitted
by law.
4. Nothing in this Part shall modify the requirements of this Part pertaining
to separation and collection of recyclables.
5. Nothing in this Part shall prohibit a duly organized and registered
property owners association from collecting and assembling municipal
waste and/or curbside collected recyclables at a central location
accessible location within the confines of its development for ultimate
collection as required herein.
[Ord. 2008-5, 8/5/2008, § 119]
1. Any person transporting municipal waste within the Township shall
prevent or remedy any spillage or leakage/prevention of leakage from
vehicles or containers used in the transport of such municipal waste.
2. All private haulers shall be required to collect and remove municipal
waste in motor-driven vehicles having enclosed, metal, leak-proof
bodies with metal covers made of such material as to prevent the contents
from escaping.
3. The transfer of waste from one collection vehicle to another may
not take place in the Township, except on private property in those
areas of the Township designated for such by the Township, if any.
No transfer may take place on any public right-of-way, and no such
transfer operation may block traffic, create litter or in any other
manner constitute a nuisance, create a health hazard or violate any
other ordinance of the Township or provision of statutory law.
[Ord. 2008-5, 8/5/2008, § 120]
The Township is hereby authorized to collect municipal waste
from the Township property, to provide public litter baskets in the
Township and to dispose of such waste in either a receptacle of a
private hauler or at designated disposal sites.
[Ord. 2008-5, 8/5/2008, § 121]
1. It shall be unlawful for any person, except for litter control and/or
roadside clean up personnel, and other persons licensed by the State
of Pennsylvania as per the amended Title 27, Pa.C.S.A. (Environmental
Resources), Waste Transportation Safety Program, of the Pennsylvania
Consolidated Statutes, to collect haul transport municipal waste and
recyclables. All such haulers shall comply with the provisions of
Title 27, Pa.C.S.A., as well as all federal, state, county and local
laws and regulations to collect and to transport waste of any nature
or recyclables within or from the Township. Authorization to collect,
transport and for proper disposition of municipal waste or recyclables
or for whom one is acting as agent (as defined in this Part), may
be given only by the State of Pennsylvania through the issuance of
a collector's license.
2. Nothing in this Part shall prohibit a duly organized and registered
property owners association from assembling municipal waste at a central
accessible location within the confines of its development for ultimate
collection as required herein.
[Ord. 2008-5, 8/5/2008, § 122]
1. Private haulers shall have an affirmative duly to follow and conduct
themselves in accordance with their current license or permit and
to service each of their customers in accordance with their current
license or to service each of their customers in accordance with the
requirements of this Part, any failure of which shall be a violation
of this Part.
2. The private hauler shall have placed on the doors or each side of
the body of each vehicle the name of the hauler, the telephone number
of the hauler's office or headquarters, and the type of waste
being transported therein (or if recyclables are being transported
therein, then such to be indicated). The size of such lettering shall
be no less than six inches in height and clearly legible. Vehicles
shall be so marked within 10 days after the commencement of their
use in the Township.
3. Private haulers shall be responsible for the manner in which their
employees perform work pertaining to collection, hauling and disposition
of municipal waste and recyclables under the term of this Part.
4. Private haulers shall be responsible for the maintaining vehicles
used for collection in the Township in good operating condition to
assure that the schedule of collections can be maintained. The vehicles
must be kept clean and painted so as to present a favorable appearance.
The Township shall have the right to inspect all vehicles collecting
municipal waste or recyclables within the Township.
5. Private haulers shall empty bulk containers (such as dumpsters) which
have been provided by them to their customers, and when such bulk
containers become full.
6. Private haulers shall furnish and provide collection and disposition
of municipal waste, recyclables and/or leaf waste in accordance with
the terms of this Part.
7. Private haulers shall have the window sticker issued for each vehicle
with the license displayed on the vehicle for which it is issued at
the time the license is issued as directed by the amended Title 27,
Pa.C.S.A. (Environmental Resources), Waste Transportation Safety Program,
of the Pennsylvania Consolidated Statutes.
8. Private haulers contracted for residential municipal waste collection
shall offer a variable rate pricing, a base price for specified number
of thirty-gallon containers of municipal waste. Collection of municipal
waste in excess of the base amount shall be priced on specified incremental
volumes or per thirty-gallon container.
9. Private haulers shall pay all costs charged for the use of any disposal
facilities, which he utilizes.
10. Private haulers shall be responsible to distribute recycling information
outlining program details to each customer twice annually, once every
six months, complaint with the requirements of the Township and Act
101, 53 P.S. § 4000.101 et seq. A copy of said information
shall be provided to the Township at the time of distribution.
11. Any private hauler collecting municipal waste in the Township shall
be required to advise the Township in writing within 72 hours after
requested as to whether an owner has a current contract for municipal
waste collection disposal.
12. Furthermore all private haulers shall cooperate with the Township
in providing information in the event that an action is instituted
to enforce the terms and conditions of this Part.
[Ord. 2008-5, 8/5/2008, § 123]
Any person granted a license by the State of Pennsylvania shall
not in any manner be construed as an agent, servant or employee of
Stroud Township but shall, at all times, be considered and remain
an independent contractor. Likewise no property owners association
or corporation who assembles municipal waste or recyclables within
a development shall be construed as an agent, servant or employee
of Stroud Township.
[Ord. 2008-5, 8/5/2008, § 124]
Any private haulers shall establish rates to be charged to each
occupant of the premises from which municipal, waste or recyclables
shall be collected. The private hauler shall enter into individual
or separate contracts with each household or occupant of the premises,
without liability to or upon the Township.
[Ord. 2008-5, 8/5/2008, § 125]
All private haulers shall be required to collect and remove
municipal waste and/or recyclables in motor-driven vehicles having
enclosed, metal, leak proof bodies with metal covers or covers made
of such material as to prevent the contents from escaping.
[Ord. 2008-5, 8/5/2008, § 126]
Each private hauler shall have a valid agreement, not subject
to cancellation, covering the use of an appropriate disposal facility
in accordance with the Monroe County Waste Management Plan, or such
other law, as may be applicable which governs the use and maintenance
of any such disposal facility.
[Ord. 2008-5, 8/5/2008, § 127]
All private haulers contracted for municipal waste collection
shall also provide such customers (residential, multifamily, commercial,
municipal and institutional) the service of removing designated recyclables
(as defined in this Part) from their properties at the curbside or
an appropriate location on the premises. Any such materials so removed
by a private hauler shall be kept separate from municipal waste and
shall be taken to a facility for the specific purpose of recycling.
Failure to provide said services shall be a violation of this Part.
[Ord. 2008-5, 8/5/2008, § 128]
The Township reserves the right, by resolution, to direct recyclables
and or leaf and yard waste to a designated facility.
[Ord. 2008-5, 8/5/2008, § 129]
No Grant of Vested Right. The issuance of a collector's
license by the State of Pennsylvania shall not grant vested right
to any collector or a continued right to haul or collect municipal
waste, recyclables or leaf and yard waste in the Township. The Township
reserves the right to contract for municipal waste, recycling or leaf
and yard waste collection services or to initiate the public collection
of municipal waste, recyclables and/or leaf and yard waste.
[Ord. 2008-5, 8/5/2008, § 130]
No private hauler shall accept, pick up or remove any bag or
other container of municipal waste which the private hauler knows,
or has reason to believe, contains recyclables, combined with municipal
waste placed at curbside or otherwise placed for pickup, the private
hauler shall affix a tag or sticker (provided by the Township) to
the container containing the recyclables, retain a copy for his records
and deliver a copy to the Township within 48 hours. The tag or sticker
shall contain the address at which the container is located the nature
of the suspected violation or the reason which led him to believe
that recyclable materials were in the municipal waste container (e.g.,
visual observation or heard bottles and cans rattling). Once the sticker
or tag is affixed to the container it is to be left at the location
where it was originally placed.
[Ord. 2008-5, 8/5/2008, § 131]
No person shall terminate the services of a private hauler because of such private haulers compliance with requirements set forth in §
20-126, above.
[Ord. 2008-5, 8/5/2008, § 132]
In the event any private hauler misses a pickup, the private
hauler shall collect from the missed location within 24 hours of notification
from the missed resident, provided the resident has abided by the
terms of their contract with the private hauler.
[Ord. 2008-5, 8/5/2008, § 133]
Nothing contained herein shall impair or prohibit any recognized
civic, fraternal, charitable or benevolent organization, association
or society from undertaking or sponsoring voluntary programs or projects
involving the collection of recyclables from the public. Any such
collection activity can only occur prior to the recyclable materials
being placed at curbside or similar location for collection by a private
hauler. Prior to initiating such activity, the organization shall
obtain authorization from the Township.
[Ord. 2008-5, 8/5/2008, § 134; as amended by A.O.
1. Any person, firm or corporation who shall violate any provision of
this Part, 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 $300 nor 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. For
purposes of this Part, the doing of an act or thing prohibited by
any provision of this Part or the failure to do any act or thing or
to which any provision of this Part creates an affirmative duty shall
constitute a violation of this Part, punishable as herein stated.
2. Private haulers who shall violate any provision of this Part may
be reported to the State of Pennsylvania Department of Environmental
Protection, by the Township, and may be subject to revocation of state
authorization to transport municipal waste, as described in the amended
Title 27, Pa.C.S.A. (Environmental Resources), Waste Transportation
Safety Program, of the Pennsylvania Consolidated Statutes.
3. Stroud Township shall designate a person or entity as enforcement
officer responsible for monitoring and enforcement of this Part.
[Ord. 2008-5, 8/5/2008, § 135]
The various headings used throughout this Part are intended
only as an aid in its organization, in order to facilitate ease of
reading, and are not to be considered a substantive part of this Part.
In this Part, unless the context clearly indicates otherwise, the
singular shall include the plural; the plural shall include the singular;
and the masculine shall include the feminine and neuter.
[Ord. 2010-3, 1/19/2010, § 1]
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,
and the word "shall" is always mandatory and not merely directory.
AGENT
One who performs an act for his immediate family or for another
person as defined in this Part, with or without compensation.
AUTHORIZED COLLECTOR
A private hauler (as defined herein), or a person who, being
so authorized by the terms of Part 1, removes municipal waste or recyclables
from his own premises, as owner of the building or commercial, municipal
or institutional establishment or community activity conducted there
in, or as an agent of another person.
COLLECTOR
A general term referring to any person who collects, for
removal from premises, municipal waste or recyclables.
COMMERCIAL
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, financial or professional service or office enterprise,
business or establishment.
INSTITUTIONAL
Of, or pertaining to, any establishment engaged in service
to persons including, but not limited to, hospitals, nursing homes,
schools, universities, churches and social or fraternal societies
and organizations.
MULTIFAMILY DWELLING
A building designed for occupancy of families living independently
of each other and containing three or more dwelling units or apartments
per building. Low-rise multifamily dwelling structures shall include
townhouses (single family semi-attached), garden apartments and other
housing types not exceeding three stories in height. High-rise multifamily
structures shall include elevator structures exceeding three stories
in height.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste
and other materials, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal
or commercial or institutional establishments, or from community activities
and which are not classified as residual or hazardous waste, except
farm produced manure, other agricultural waste and food processing
with 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 waste," as defined in Commonwealth of Pennsylvania Solid
Waste Management Act, 35 P.S. § 6018.101 et seq.
OWNER
A person owning, leasing, occupying, or having charge of
any premises within the Township.
PERSON
Any natural person, firm, partnership, association, corporation,
company, club, copartnership, society, or any organization of any
kind.
PRIVATE HAULER
A person licensed by the State of Pennsylvania as per the
amended Title 25, Pa. Code (Environmental Resources), Waste Transportation
Safety Program, of the Pennsylvania Consolidated Statutes, to collect,
haul, and/or transport municipal waste and/or recyclables.
RECYCLABLES
Materials designated as recyclable in Part 1, or required
by the terms of Part 1 (or any amendment thereto) to be kept separate
from municipal waste and recycled.
TOWNSHIP
The Township of Stroud, which is located in Monroe County,
Pennsylvania.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of.
[Ord. 2010-3, 1/19/2010, § 2]
1. It shall be unlawful for any person, private hauler, collector, or
agent thereof, to collect, haul and/or transport municipal waste and/or
recyclables within the Township of Stroud as follows:
A. From property where commercial, institutional and/or multifamily
dwelling uses are located from 9:00 p.m. through 7:00 a.m. on Mondays
through Saturdays, and at all hours on Sundays and the following federal
legal Holidays: New Year's Day, Martin Luther King Day, Presidents'
Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans'
Day, Thanksgiving Day and Christmas Day.
[Ord. 2010-3, 1/19/2010, § 3; as amended by A.O.]
1. No person shall violate any portion of this Part.
2. Prosecution under this Part shall be instituted by a Township Code
Enforcement Officer, law enforcement officer, or any other Township
official, and shall be filed in the name of Stroud Township, Monroe
County, Pennsylvania.
3. Enforcement shall be by an action brought before a magisterial district
judge in the same manner as provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. The Township
Solicitor may assume charge of the prosecution without the consent
of the District Attorney as required under Pa.R.Crim.P. No 454(c)
(relating to trial in summary cases).
4. Any person violating any of the provisions of this Part shall, 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, 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.
5. All fines and penalties collected for any violation of this Part
shall be paid to the Township Treasurer.
6. In addition to or in lieu of an enforcement action before a magisterial
district judge, the Township may enforce this Part in equity. In the
event an abatement notice has been issued, which is being violated,
or in any other appropriate circumstance, the Code Enforcement Officer,
law enforcement officer, or any other Township official, is hereby
authorized on behalf of the Township to institute an action in equity
for an injunction to enforce compliance herewith and/or to restrain
continuous violations of this Part.