[Ord. 217, 12/8/2015]
This Part is enacted pursuant to the Solid Waste Management
Act, P.L. 380, No. 97, July 7, 1980, as amended and the Municipal
Waste Planning, Recycling and Waste Reduction Act, No. 101, July 28,
1988, as amended.
[Ord. 217, 12/8/2015]
The purpose of this Part is to establish a program for the mandatory
source separation and separate collection of designated recyclable
materials, to include leaf waste, from residences and properties receiving
municipal waste collection service from or on behalf of the Township
of Smithfield for recycling 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. 217, 12/8/2015]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
AGENT
One who performs an act for another person (with or without
any form of monetary or material compensation therefore).
AUTHORITY
The Monroe County Municipal Waste Management Authority or
other municipal authority incorporated by the County and organized
and existing under the Municipalities Authorities Act of 1945, as
amended.
AUTHORIZED COLLECTOR
A collector of municipal wastes and recyclables, including
leaf materials, licensed and approved by the Monroe County Municipal
Waste Management Authority (MCMWMA).
BIMETALLIC 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 large bulk items, such
as dressers, beds, mattresses, sofas, television sets, and other large
household items.
COMMERCIAL
Of or pertaining to any wholesale, retail, consignment, industrial,
manufacturing, utility, transportation, or financial or professional
service or internet/social media or other office enterprise, business,
industry or similar establishment of any type.
COMMUNITY ACTIVITY
Events sponsored in whole or in part by a 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.
CONTAINER
See §
20-114, “Preparation and Storage of Municipal Waste and Recyclables,” of this Part.
COMPOSTING
The process of the biological decomposition of organic solid
waste being biologically decomposed under controlled anaerobic or
aerobic conditions to yield a 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-of-way or roadway, and which location
is most accessible and/or convenient to any authorized collector for
the purpose of collecting municipal waste and/or recyclables.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISPOSAL
The incineration, disposition, 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.
DOMESTIC
Recyclable materials generated by persons in residential
establishments, including residential subdivisions and residential
developments.
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 and other health
care facilities such as emergency care facilities, short term care
facilities, Alzheimer’s care facilities and outpatient care
facilities, nursing homes, schools, universities, churches, and social
or fraternal societies and organizations.
LANDLORD
The owner of property or such owner’s authorized agent.
LEAF WASTE
Leaf waste 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 Smithfield 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, semi-solid or contained
gaseous material, resulting from operation of residential, municipal,
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
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 waste,” as defined in the Commonwealth of Pennsylvania
Solid Waste Management Act. 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.
NEWSPRINT
Paper of the type commonly referred to as “newspaper”
and distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing advertising
inserts, magazines, glossy or other chemically coated paper, office
paper, and any other paper products of any nature.
PERSON
Any 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 (including an authorized or designated agent). 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 or their agents.
PLAN
The Monroe County Municipal Waste Management Plan, as now
or hereinafter amended.
PLASTIC CONTAINERS
Empty plastic food and beverage containers, the specific
types of which are:
1.
PET (e.g., soft drink bottles).
2.
HOPE (e.g., milk and water jugs, detergent and shampoo bottles).
3.
Other such plastic as may be designated by resolution of the
Smithfield Township Supervisors.
PROPERTY OWNERS ASSOCIATION
A business or association of homeowners within a community
whose principal purpose is to ensure the provision of and maintenance
of community facilities and services for the common benefit of the
residents, including arranging for solid waste and recycling services.
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.
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 nor 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 composting leaf waste.
RESIDENTIAL
Of or pertaining to any type of dwelling unit used as a place
of human habitation which is not a commercial, municipal, institutional
or community activity. Home occupations incidental to the residential
use within a building are considered residential.
RUBBISH
Solid waste exclusive of garbage (e.g., non-recyclable glass,
metal, paper or plastic) and noncompostable plant material, wood or
non-putrescible solid waste.
STEEL CANS
Empty food or beverage containers made of steel, tin-coated
steel or other 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
Smithfield Township, Monroe County, Pennsylvania.
TRANSFER STATION
A facility which 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 centrally designated
location of a development or multi-family residential properties where
the lot owners have gathered the waste from these sites for collection
by authorized collectors.
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, leaves, or material approved by the Commonwealth of Pennsylvania,
Department of Environmental Protection for beneficial use.
[Ord. 217, 12/8/2015]
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 a leaf composting
facility. The leaf waste collection schedule shall be advertised by
the Township two weeks prior to the collection dates.
[Ord. 217, 12/8/2015]
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 authorized collector.
It shall be a violation of this Part 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 locations shall constitute a separate and distinct offense punishable
as hereinafter provided.
[Ord. 217, 12/8/2015]
The presence of any articles containing a person’s name
among municipal waste and recyclables shall create a rebuttable 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. 217, 12/8/2015]
The Township is hereby authorized to collect municipal waste
and/or recyclables to include leaf waste from Township property, to
provide public litter baskets in the Township, and to dispose of such
waste in either a receptacle of an authorized collector or at designated
disposal sites.
[Ord. 217, 12/8/2015]
Any person granted a license or permit, pursuant to the terms
of this Part, shall not in any manner be construed as an agent, servant
or employee of Smithfield Township, but shall, at all times, be considered
and remain an independent contractor. Likewise, no property owners’
association or corporation which assembles municipal waste or recyclables
within a development shall be construed as an agent, servant or employee
of Smithfield Township.
[Ord. 217, 12/8/2015]
All authorized collectors shall establish rates to be charged
for the removal of municipal waste and source-separated recyclables;
no person or entity shall be permitted to opt out of either municipal
waste collection or source-separated recyclable collection. The rate
charged must be for both services. All authorized collectors shall
enter into individual or separate contracts with each household or
occupant of the premises, without liability to or upon Smithfield
Township.
[Ord. 217, 12/8/2015]
Each authorized collector shall dispose of municipal waste as
well as source-separated recyclables and leaf waste at a licensed
and approved disposal and/or recycling facility as approved by the
MCMWMA.
[Ord. 217, 12/8/2015]
Every authorized collector shall be required to provide, in
addition to municipal waste removal, to its residential, multifamily,
commercial, municipal and institutional customers, the service of
removing recyclables, from their properties at the curbside or an
appropriate location on the premises, with a single fee charged for
both municipal waste and recyclable collection services so provided.
Any such recyclables so removed by authorized collectors shall be
kept separate from municipal waste and shall be taken to a recycling
or compost facility for the purpose of recycling as provided herein.
[Ord. 217, 12/8/2015]
The Township reserves the right, by resolution, to direct recyclables
to a designated facility.
[Ord. 217, 12/8/2015]
No authorized collector shall accept, pick up or remove any
bag or other container of municipal waste which the collector knows,
or has reason to believe, contains recyclables, combined with municipal
waste, placed at curbside or otherwise placed for pickup. The collector
shall Issue warning notices of violations to customers failing to
comply with procedures for the separation, storage and collection
of recyclable materials and leaf waste and provide a copy of any such
warning to the Township.
[Ord. 217, 12/8/2015]
No person shall terminate the services of an authorized collector
because of said collector’s compliance with the rules and regulations
of this Part.
[Ord. 217, 12/8/2015]
In the event that any authorized collector misses a collection,
the authorized collector shall collect from the missed location within
24 hours of notification from the missed person provided that the
person has abided by the terms of the contract with the authorized
collector.
[Ord. 217, 12/8/2015]
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 an
authorized collector. Prior to initiating such activity, the organization
shall obtain authorization from the Township by way of a permit from
the Township Zoning Officer.
[Ord. 217, 12/8/2015]
This Part shall become effective December 13, 2015.