[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]
1.
All domestic,
commercial, institutional and industrial recyclables accumulated upon
any property within Smithfield Township shall be collected and removed
at curbside, roadside or similar location on the premises by an authorized
collector. Waste shall be disposed of in accordance with the Solid
Waste Management Act.
2.
This Part
shall provide a mandatory recycling program and govern all aspects
of the collection, storage, transportation, processing and disposal
of municipal solid waste in Smithfield Township. It contains regulations
applicable to collectors of municipal waste, collectors of recyclables,
individuals, commercial, municipal and institutional establishments,
and community activities.
[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:
One who performs an act for another person (with or without
any form of monetary or material compensation therefore).
Empty all-aluminum beverage and food containers.
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.
A collector of municipal wastes and recyclables, including
leaf materials, licensed and approved by the Monroe County Municipal
Waste Management Authority (MCMWMA).
Empty food or beverage containers consisting of both steel
and aluminum.
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.
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.
Recyclables mingled or blended together, placed in the same
container.
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.
See § 20-114, “Preparation and Storage of Municipal Waste and Recyclables,” of this Part.
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.
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.
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.
The Pennsylvania Department of Environmental Protection.
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.
Recyclable materials generated by persons in residential
establishments, including residential subdivisions and residential
developments.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
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.
Bond, copier, letterhead or mimeograph paper typically sold
as “white ledger” paper, and computer paper.
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.
The owner of property or such owner’s authorized agent.
Leaf waste from trees, bushes and other plants, garden residue,
shrubbery and tree trimmings and similar materials, but not including
grass clippings.
See “authorized collector.”
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.
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.
Apartment buildings, mobile home parks, manufactured home
parks or campgrounds.
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.
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.
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.
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.
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.
The Monroe County Municipal Waste Management Plan, as now
or hereinafter amended.
Empty plastic food and beverage containers, the specific
types of which are:
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.
See “container.”
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.
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:
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.
Solid waste exclusive of garbage (e.g., non-recyclable glass,
metal, paper or plastic) and noncompostable plant material, wood or
non-putrescible solid waste.
Empty food or beverage containers made of steel, tin-coated
steel or other ferrous metal food or beverage containers.
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.
Smithfield Township, Monroe County, Pennsylvania.
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.
The removal from any site or location of any municipal waste
or recyclable materials at any time after generation thereof.
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]
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 or leaf waste in any stream, body of water or
on any public right-of-way within the Township.
2.
Every
owner of property or occupant thereof responsible for the 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 his/her property. This placement shall
not (A) create a hazard to traffic or pedestrians and (B) such receptacles
are to be emptied on a regular basis and maintained in a neat and
clean condition. 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.
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 are 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 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.
The Township
Supervisors may, by resolution, enumerate alternative and/or additional
recyclables, which will be required to be separated from municipal
waste and collected in accordance with this Part provided a sixty-day
notification is given to authorized collectors and residents.
8.
The Township
Supervisors may, by resolution, enumerate alternative and/or additional
municipal waste items to be separated and collected in accordance
with this Part provided a sixty-day notification is given to authorized
collectors and residents.
[Ord. 217, 12/8/2015]
1.
No person
shall set fire to or burn any garbage, rubbish or waste material or
any leaves, grass clippings or any other combustible materials, including
waste paper, corrugated cardboard or any other recyclable in any receptacle
or upon the ground. It shall be unlawful for any person to start,
kindle, fuel cause or allow the open burning or incineration of any
solid waste within Smithfield Township, except as hereinafter provided.
2.
Exceptions
to Open-burning Prohibition.
A.
A fire
set to prevent or abate a fire hazard, when approved by the Department
of Environmental Protection’s Regional Air Quality Program Office
and set by or under the supervision of a public officer.
B.
A fire
set for the purpose of burning, clearing and grubbing waste. If within
an air basin, an air curtain destructor must be used and must be approved
by the Department of Environmental Protection’s Regional Air
Quality Program office.
C.
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.
D.
A fire
set solely for cooking food, outdoor campfires and small bonfires
(areas of 50 square feet) for ceremonies or recreation are allowed
provided they do not cause a nuisance.
E.
No open
burning shall occur during any fire ban emergency declared pursuant
to this provision.
F.
Persons
responsible for any large fires are encouraged to contact the Monroe
County Control Center and provide the time and location of the fire.
[Ord. 217, 12/8/2015]
1.
Persons
shall separate clear, green and brown glass containers, aluminum;
steel and bimetallic cans, plastic containers, and newsprint from
other municipal waste generated at their homes, apartments and other
residential establishments and shall store such materials until collection.
B.
Nothing
in this Part or regulation shall be deemed to impair the ownership
of separated materials by the person who generated them unless and
until such materials are placed at curbside or similar location for
collection.
2.
Persons shall separate leaf waste from other municipal waste generated at their homes, apartments and other residential establishments until collection, unless those persons have otherwise provided for the composting of leaf waste. An owner, landlord or agent of an owner or landlord of multifamily rental housing with four or more units or the residents of multifamily residential properties acting by and through a duly constituted property owners’ association may comply with this Section by establishing a collection system for recyclable materials at each property, as noted herein below in § 20-109. Nothing herein shall require any person to gather leaf waste or prevent any person from utilizing leaf waste for compost, mulch, or other agricultural purposes.
3.
Persons
shall separate high-grade office paper, clear brown and green glass
containers, aluminum, steel and bimetallic cans, plastic containers,
newsprint, corrugated paper and leaf waste generated at commercial,
municipal or institutional establishments and from community activities
and shall store the material until collection.
4.
Persons
occupying commercial, institutional and municipal establishments within
Township borders shall be exempt from the requirements of this Part
or regulation if those persons have otherwise provided for the recycling
of materials they are required by this Section to recycle. To be eligible
for an exemption under this subsection, a commercial or institutional
solid waste generator must annually provide written documentation
to the municipality of the total number of tons recycled.
[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]
1.
For residential
properties, all recyclables which are required to be kept separate
from municipal waste and shall be placed at curbside or some appropriate
location on the premises designated by the authorized collector to
be collected at times designated by the authorized collector or agent.
The preparation for collection of recyclable materials shall be made
in accordance with the instructions provided by the authorized collector
and which are consistent with the terms of this Part. The frequency
of such collection shall be not less than twice per calendar month
during the weeks of each month as determined by each authorized collector.
Each authorized, collector shall identify and inform its customers
of the designated day during the weeks of each month which separated
recyclable materials are to be placed at the curbside, or similar
location on the premises, for collection.
2.
An owner,
landlord or agent of an owner or landlord of multifamily residential
housing properties with four or more units or the residents of multifamily
residential properties acting by and through a duly constituted property
owners’ association who may contract with an authorized collector
and aggregate municipal waste or recycling collection points, shall
establish a collection system for recyclable materials at each property
and pickup by an authorized collector.
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 or residents concerning the use and
availability of the collection system.
A.
Owners,
landlords, agents of an owner or property owners’ associations
shall complete a form to be designated “recycling report,”
to be provided by the Township. Each such quarterly 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. Such owners, landlords, agents and homeowners’
associations may comply with the reporting requirements hereunder
by requiring their municipal waste collector to provide said documentation
and certification directly to the Township.
B.
Owners,
landlords and agents of owners or landlords who comply with the aforementioned
requirements shall not be liable for the noncompliance of occupants
of their building.
[Ord. 217, 12/8/2015]
1.
All recyclables
which are required to be kept separate from municipal waste in commercial,
municipal and institutional establishments and community activities
shall either be delivered directly to a recycling center or shall
be picked up by an authorized collector separately from municipal
waste in a prearranged manner. Commercial, municipal and institutional
establishments and community activities shall establish a collection
system for recyclable materials at each property and pickup by an
authorized collector.
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.
2.
Commercial,
Municipal and Institutional Establishments.
A.
The collection
system must include suitable containers for collection and sorting
materials, easily accessible locations for the containers, and written
instructions to the occupants or residents concerning the use and
availability of the collection system.
B.
Commercial,
municipal and institutional establishments shall complete a quarterly
recycling report form to be designated “recycling report,”
to be provided by the Township, together with copies of all weigh
slips, indicating the weight and types of all recyclables collected.
Each such quarterly 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. Such Commercial, municipal and institutional establishments
may comply with the reporting requirements hereunder by requiring
their authorized collector to provide said documentation and certification
directly to the Township.
3.
Community
Activities.
A.
Community
activities shall have provisions for recycling containers to, at a
minimum, collect commingled (aluminum, glass and plastic) beverage
containers. The sponsor of the event shall be responsible for providing
the containers and collection and transport by an authorized collector
for these events.
B.
The sponsor
shall provide shall complete a form to be designated “recycling
report,” to be provided by the Township together with copies
of all weigh slips, indicating the weight and types of all recyclables
collected and the place of disposition of materials recycled. Reports
shall be provided within 30 days of the event. Such persons may comply
with the reporting requirements hereunder by requiring their municipal
waste collector to provide said documentation and certification directly
to the Township. Community activity recycling shall be reported independently
of normal routine weekly pickups at the location.
[Ord. 217, 12/8/2015]
1.
Quarterly
Recycling Reports. All collectors shall submit to the Township a quarterly
recycling report on a form to be designated “recycling report”
together with copies of all weigh slips, indicating the weight and
types of all recyclables collected within the Township. Each such
quarterly 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. 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]
1.
Any person
accumulating or storing municipal waste or recyclables on private
or public property within the Township, including recyclables assembled
within a property owners’ association, 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. The size, style
and color of these containers shall be determined by the authorized
collectors and such containers shall be approved by the Township.
The containers shall be supplied by the authorized collectors.
B.
No person,
except the occupants of the property on which a waste container is
placed, an authorized collector, the Township Zoning Officer or such
other person as the Township may designate, and/or a duly authorized
agent or representative of a 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 recyclables
will be placed in the above-mentioned containers. Prior to such placement.
All containers shall be rinsed and cleaned prior to placement in the
recycling container for curbside pickup.
[Ord. 217, 12/8/2015]
1.
Mandatory
Municipal Waste Collection Services. Every owner or occupant of residential
homes, apartments, multi-family dwellings, multifamily residential
properties and other residential establishments shall contract with
an individual, entity or firm that is an authorized collector to have
all municipal waste, generated on the premises by any of the occupants,
removed and deposited at a permitted facility on a weekly basis or
more often.
2.
Scheduled
Collection Days for Municipal Waste. Authorized collectors shall schedule
collection days, at least once per week, during which municipal waste
is to be placed at the curbside, or similar location on the premises,
for collection.
3.
Authorized
collectors shall be responsible to distribute recycling information
outlining program details to each customer twice annually, once every
six months, compliant with the requirements of the Township and Act
101. A copy of said information shall be provided to the Township
at the time of distribution.
4.
Authorized
collectors contracted for residential municipal waste collection shall
offer a variable rate pricing, a base price for specified number of
30 gallon containers of municipal waste. Collection of municipal waste
in excess of the base amount shall be priced on specified incremental
volumes or per 30 gallon container.
5.
Proof
of Contract Required. Whenever requested by the Township, the owner
or occupant of any residential establishment shall present proof,
adequate in the judgment of the Township, that the owner or occupant
of said residential establishment has a current contract with an authorized
collector to dispose of municipal waste generated on the premises
on a weekly basis or more often. The owner or occupant of the premises
shall have 72 hours to provide proof to the Township that the owner
or occupant has a current contract with an authorized collector to
provide sufficient service to satisfy the terms and conditions of
this Part.
6.
Duties
of Collectors. Any authorized collector picking up municipal waste
in the Township shall be required to advise the Township in writing,
within 72 hours after request from the Township, as to whether an
owner or occupant has a current contract for municipal waste disposal
from his/her premises. Further, all authorized collectors shall cooperate
with the Township in providing information in the event that an action
is taken to enforce the terms and conditions of this Part.
7.
If persons
or establishments, being so authorized by the terms hereof, collect
and remove their own municipal waste and/or recyclables, they shall
do so at a minimum of once weekly for municipal waste and at least
twice per month for source-separated recyclables and leaf waste, or
more often as necessary, in order to prevent odors, vectors or accumulations
of refuse or garbage that are unsafe, unsightly or potentially harmful
to the public health. Any municipal waste so removed shall be disposed
of in accordance with the requirements of this Part.
8.
No person
other than an authorized collector shall collect or remove municipal
waste or 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 and/or occupant of the property
where the material is generated or on their behalf by a properly authorized
property owners’ association and the collector who is authorized
to collect the same.
9.
Nothing
herein shall limit the right of the Township to implement public collection
of solid waste and/or recyclables either by entering into contracts
with a single (or more) authorized collector or by engaging in any
collection practice permitted by law.
10.
Nothing
in this Section shall modify the requirements in this Part pertaining
to the separation and collection of recyclables.
[Ord. 217, 12/8/2015]
1.
All authorized
collectors shall prevent or remedy any spillage or leakage from vehicles
or containers used in the transport of municipal waste as well as
recyclables.
2.
All authorized
collectors of municipal waste and source-separated recyclables shall
collect and remove municipal waste as well as source-separated recyclables
in motor-driven vehicles having enclosed, leak proof bodies with covers
made of such materials as to prevent the contents from spilling or
escaping.
3.
The transfer
of waste or source-separated recyclables 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 such 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, provision of statutory
law or the Monroe County Municipal Waste Management Authority’s
rules and regulations.
[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]
1.
It shall
be unlawful for any person, except for litter control and/or roadside
cleanup personnel and others duly authorized, to collect and to transport
waste of any nature or recyclables within or from the Township. Authorization
to collect, transport and dispose of municipal waste and/or recyclables
for persons other than oneself or persons for whom one is acting as
an agent shall be licensed and approved by the Monroe County Municipal
Waste Management Authority.
2.
All authorized
collectors shall have an affirmative duty 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
permit and the requirements of the Municipal Waste Planning, Recycling
and Waste Reduction Act of 1988, as amended, the Solid Waste Management
Act of 1980, as amended, and the Waste Transportation Safety Act of
2002, as amended.
[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]
1.
All complaints
regarding the collection of municipal waste and/or recyclables shall
initially be reported to the authorized collector. Any complaint that
the authorized collector fails to resolve shall be reported, in writing,
to the Township.
2.
The Township
Board of Supervisors shall have the right to investigate all complaints
and to determine the validity of any complaints received from any
person as to the failure of an authorized collector’s failure
to act in accordance with this Part.
[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]
1.
Any person,
as defined herein, who violates any provision 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, be sentenced
to pay a fine of not less than $300 nor more than $1,000, plus costs
and reasonable attorneys’ fees, and, in default of payment of
said fine, costs and attorneys’ fees, to a term of imprisonment
not to exceed 90 days.
2.
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.
3.
For the
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 to
which any provision of this Part creates an affirmative duty shall
constitute a violation of this Part, punishable as herein stated.
4.
Smithfield
Township Zoning Officer or such other person as the Township may designate
shall be responsible for enforcement of this Part.
5.
In addition
to payment of fines, incarceration and the other remedies enumerated
above, the Township may also institute an appropriate action or proceeding
to enjoin, prevent, restrain, correct or abate the illegal placement
for acceptance, pick up, removal, transport and/or disposal of municipal
waste or recyclables or to prevent any act, or failure to act, conduct,
operation, business or use constituting a violation of this Part.
This right is cumulative (and not exclusive) to the other rights and
remedies of this Part.
[Ord. 217, 12/8/2015]
1.
Severability.
The provisions of this Part are severable, and if any section, clause,
sentence, or provision thereof shall be held illegal, invalid or unconstitutional
by any court of competent jurisdiction, such decision of the court
shall not affect or impair any of the remaining sections, clauses,
sentences, parts or provisions of this Part. It is hereby declared
to be the intent of the Township that this Part would have been adopted
if such illegal, invalid, or unconstitutional section, clause, sentence,
part or provision had not been included herein.
2.
Repealer.
All other ordinances or resolutions or any parts thereof, which may
conflict with or are inconsistent with this Part, are hereby repealed.
3.
Municipal
Liability. The Township Board of Supervisors and/or its servants,
agents, officers, officials, boards, committees, employees or representatives
shall not, under any circumstances, be liable or responsible for damages
(whether property, injury or death) caused to or suffered by any person
or entity by reason of the provisions of this Part or by reason of
the conduct of the placement for pick up, removal, transport and/or
disposal of municipal waste or recyclables in compliance (or noncompliance)
with the terms, conditions and provisions of this Part. Moreover,
compliance with this Part shall not constitute a representation, guarantee
or consent of any kind by the Township (and/or any of its servants,
agents, officers, officials, boards, committee, employees or representatives)
of the practicality, safety or fitness of any particular purpose of
any kind regarding the placement or pick up, removal, transport and/or
disposal of municipal waste or recyclables of any type.
[Ord. 217, 12/8/2015]
1.
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.
2.
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. 217, 12/8/2015]
This Part shall become effective December 13, 2015.
