This article shall be known as the "Municipal Solid Waste Ordinance."
[Adopted 2-11-2019 by Ord. No. 439]
A. ASHES BULK CONTAINER BULK WASTE ELIGIBLE UNIT GARBAGE HAZARDOUS WASTE LEAF WASTE MUNICIPAL SOLID WASTE MUNICIPAL SOLID WASTE COLLECTOR MUNICIPAL SOLID WASTE TOTER OWNER PERSON PRIVATE CONTRACTED UNIT RECYCLABLE MATERIALS TOWNSHIP TOWNSHIP CONTRACTED MUNICIPAL SOLID WASTE COLLECTION AREA TOWNSHIP CONTRACTED MUNICIPAL SOLID WASTE COLLECTION PROGRAM
As used in this article, the following terms shall have the meanings indicated:
The residue resulting from the burning of wood, coal, coke or other combustible material.
A container in excess of 96 gallons that is constructed of heavy-duty, rust and corrosion resistant materials, that is watertight, leak proof, weather proof, insect proof, and rodent proof.
Includes discarded furniture, bathtubs, sinks, commodes and construction and demolition debris. The term does not include any item containing Freon, appliances, electronic equipment, automotive tires, or any item containing Hazardous Waste.
Any occupied residential, small business/rentals and multiple-family structures of not more than five dwelling units located within the Township which is located in the Township Contracted Municipal Solid Waste Collection Area.
All animal and vegetable wastes resulting from the handling, preparation, cooking, or consumption of foods.
Waste identified by the Pennsylvania Environmental Protection Agency that is dangerous or potentially harmful to public health and/or the environment.
Includes leaves, garden residues, shrubbery and tree trimmings, and similar material, but shall exclude grass clippings.
All solid wastes except bodily wastes and shall include garbage and ashes, but shall specifically exclude Hazardous Waste and Recyclable Materials.
A Person with a valid waste transporter authorization permit issued by the Commonwealth of Pennsylvania to collect, transport and dispose of Municipal Solid Waste.
A container that is constructed of heavy-duty, rust, and corrosion resistant materials, that is watertight, leak proof, weather proof, insect proof, and rodent proof, and is easily handled.
Any Person, agent, operator, firm, or corporation having a legal or equitable interest in real estate in the Township or otherwise having control of the property including the guardian of an estate of such person and the executor or administrator of the estate of such Person.
Includes any natural person, association, limited liability company, partnership, firm or corporation.
Properties outside of the Township Contracted Municipal Solid Waste Collection Area and multiple-family structures of five or more dwelling units, developments with homeowners' associations, commercial, industrial, and institutional establishments that are ineligible for participation in the Township Contracted Municipal Solid Waste Collection Program.
Clear, amber and green glass, aluminum and tin cans, all plastics, #1 through #7 (bottles and containers only), and mixed paper including: newsprint, paperboard, corrugated boxes, magazines, office paper, junk mail, paperback books, phone books, gift wrapping and boxes.
The Township of Spring, Berks County, Pennsylvania.
The portions of the Township depicted on the Township of Spring Trash and Recycling Map which are served by the Municipal Solid Waste Collector contracted by the Township for collection of Municipal Solid Waste, Bulk Waste, and Leaf Waste from each Eligible Unit. The Township of Spring Trash and Recycling Map may be amended from time to time by Resolution of the Board of Supervisors.
The program for collection and disposal of Municipal Solid Waste, Bulk Waste, and Leaf Waste from Eligible Units within the Township Contracted Municipal Solid Waste Collection Area, either through use of Township forces or through a contract negotiated by the Township with a Municipal Solid Waste Collector.
B.
Other. The singular shall include the plural, and the masculine shall include the feminine and the neuter.
A.
Municipal solid waste, bulk waste, and leaf waste preparation.
(1)
Municipal Solid Waste shall be drained and stored in Municipal Solid Waste Toters.
(2)
Ashes shall be stored in Municipal Solid Waste Toters. Ashes containing hot embers shall not be deposited into the Municipal Solid Waste Toter until they have been adequately quenched and do not pose a danger of causing a fire.
(3)
Bulk Waste and certain materials such as scrap lumber and firewood shall not be allowed to accumulate on any premises within the Township and shall be stored in Municipal Solid Waste Toters or stored a minimum of 12 inches above the ground surface.
(4)
Leaf Waste materials shall be separated from Municipal Solid Waste and set out for collection in accordance with the Municipal Waste Collector's schedule either in purchased biodegradable Leaf Waste bags or cut to lengths of four feet or less and bundled with string.
B.
Municipal solid waste and bulk waste storage. All storage of Municipal Solid Waste and Bulk Waste shall conform to the following standards:
(1)
General.
(a)
All Municipal Solid Waste Toters used within the Township Contracted Municipal Solid Waste Collection Area shall be provided by the Township.
(b)
All Municipal Solid Waste Toters used outside the Township Contracted Municipal Solid Waste Collection Area shall be obtained by the Owner and shall conform to Township requirements as defined above.
(c)
The storage of all Municipal Solid Waste by residents of the Township shall be practiced so as to prevent the attraction, harborage, or breeding of insects and/or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness, and public nuisances.
(d)
No Person shall place Municipal Solid Waste or Bulk Waste in the travel path of any street, alley, or road.
(e)
No Person shall place Municipal Solid Waste or Bulk Waste upon any private property within the Township, unless it is placed in Municipal Sold Waste Toter or stored as provided in § 380-29A above.
(f)
No Person shall throw or deposit Municipal Solid Waste or Bulk Waste in any stream or any other body of water.
(g)
Any unauthorized accumulation of Municipal Solid Waste or Bulk Waste on any premises within the Township is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of Municipal Solid Waste or Bulk Waste shall be deemed a violation of this article.
(2)
Bulk containers.
(a)
Bulk Containers utilized in any location throughout the Township, including multifamily units in excess of five units, commercial, industrial, and institutional for Municipal Solid Waste and Bulk Waste shall conform to Township requirements regarding Bulk Containers defined above.
(b)
Bulk Containers shall be sized according to the type and quantity of Municipal Solid Waste and Bulk Waste production, equipment handling capabilities, and the frequency of collection.
(3)
Open storage. Certain wastes of a non-decomposable nature may be stored temporarily, for a period of not greater than two weeks, in a manner other than containerization.
A.
Township contracted municipal solid waste collection program.
(1)
The Township shall operate a Township Contracted Municipal Solid Waste Collection Program for Eligible Units within the Township Contracted Municipal Solid Waste Collection Area for collection of Municipal Solid Waste, Bulk Waste, and Leaf Waste.
(2)
The Township shall provide one Municipal Solid Waste Toter to each Eligible Unit for collection and storage of Municipal Solid Waste.
(3)
Additional Municipal Solid Waste Toters may be available by request from the Township at an additional cost. Additional fees may be charged for collection of each additional Municipal Solid Waste Toter over the one Municipal Solid Waste Toter provided by the Township, at a cost to be established from time to time by Resolution.
(4)
The Municipal Solid Waste Collector shall not be responsible for collection of additional Municipal Solid Waste set out for collection in trash bags, unless the additional trash bags are clearly marked with tags identifying the trash bags as Municipal Solid Waste. Tags will be available for purchase by Township residents from the Township.
B.
Private contracted waste collection.
(1)
Private Contracted Units are responsible to contract with a Municipal Solid Waste Collector for collection and disposal of Municipal Solid Waste, Bulk Waste, and Leaf Waste in a permitted landfill or disposal site which is licensed by the Pennsylvania Department of Environmental Protection.
(2)
Private Contracted Units shall be required to obtain a Municipal Solid Waste Toter or Bulk Container which conforms to Township requirements as defined above for collection and storage of Municipal Solid Waste.
(3)
Whenever requested by the Township Private Contracted Units shall present proof adequate in the judgment of the Township designee that the Owner of the Private Contracted Unit has a current contract with a Municipal Solid Waste Collector to collect and dispose of Municipal Solid Waste, Bulk Waste, and Leaf Waste generated on the premises not less than biweekly (one collection every two weeks) or more frequently as may be necessary to prevent accumulation of Municipal Solid Waste, Bulk Waste, or Leaf Waste on the property. The Owner of the Private Contracted Unit shall have 72 hours to provide proof to the Township designee of a contract with a Municipal Solid Waste Collector to provide sufficient service to satisfy the terms and conditions of this section.
C.
General regulations.
(1)
Municipal Solid Waste Toters shall be placed on ground level, at curbside, or at a location at the edge of the cartway, along a public street, alley, or road and easily accessible from the side of the street, alley, or road from which it is collected, unless instructed otherwise by the Municipal Solid Waste Collector.
(2)
Municipal Solid Waste Toters shall not be placed within the cartway of a street, alley, or road.
(3)
Municipal Solid Waste Toters shall be placed out for collection no earlier than 6:00 p.m. on the night prior to the scheduled collection day and must be removed from curbside prior to 12:00 midnight on the day of collection.
(4)
Collection hours of Municipal Solid Waste, Bulk Waste, and Leaf Waste shall be between the hours of 5:00 a.m. and 9:00 p.m.
(5)
Municipal Solid Waste Toters placed at curbside on a public street, alley, or road must not contain any Recyclable Materials, Leaf Waste or grass clippings.
(6)
Municipal Solid Waste Toters for Eligible Units must be placed with the top handle facing away from and parallel to the street.
(7)
Municipal Solid Waste must be deposited in the Municipal Solid Waste Toters and not on top of the Municipal Solid Waste Toters. Any Municipal Solid Waste that is not in the Municipal Solid Waste Toters or placed so as to cause the lid to be in an upright or open position is considered excessive and will not be collected. A lid being open by over 20 inches from the lip of the Municipal Solid Waste Toter to the lip of the lid is considered to be an upright or open position.
(8)
Property Owners are responsible to report damaged Municipal Solid Waste Toters to the Municipal Solid Waste Collector for repair and/or replacement.
(9)
Damaged, missing, or melted Municipal Solid Waste Toters are the responsibility of the Owner and must be replaced at the sole cost of the Owner. The Owner shall contact the Municipal Solid Waste Collector directly for replacement of damaged, missing, or melted Municipal Solid Waste Toters.
(10)
Additional Municipal Solid Waste Toters are the responsibility of the Owner of the Private Contracted Units or Eligible Units and must be purchased at the sole cost of the Owner. The cost of Municipal Solid Waste Toters for Eligible Units in the Township Contracted Municipal Solid Waste Collection Program shall be established from time to time by Resolution.
(11)
Municipal Solid Waste and Bulk Waste shall be collected bi-weekly (one collection every two weeks) for Private Contracted Units or more frequently as may be necessary to prevent accumulation of Municipal Solid Waste or Bulk Waste on any property within the Township, or in accordance with the collection schedule established by the Township for Eligible Units.
(12)
No Person shall place or cause to be placed Municipal Solid Waste for collection upon any property other than the property upon which such Municipal Solid Waste is generated, without first securing the consent of the Owner of the property.
A.
All Municipal Solid Waste Collectors shall maintain such insurance as will protect the Municipal Solid Waste Collector from claims under workers' compensation claims and from claims for damages because of bodily injury, including death, and property damage, which may arise during collection of Municipal Solid Waste, Bulk Waste, and Leaf Waste within the Township.
B.
Except for the collection of Bulk Waste and Leaf Waste, all vehicles used for the collection of Municipal Solid Waste shall be properly licensed and permitted for collection of Municipal Solid Waste, plainly identified with the name and address of the Municipal Solid Waste Collector, have a watertight enclosed metal body of easily cleanable construction, and be equipped with compaction devices.
A.
No Person shall hereafter dispose of any Municipal Solid Waste and Bulk Waste collected in the Township, except by conveyance to a disposal facility approved by the Pennsylvania Department of Environmental Protection.
B.
It shall be unlawful to dump, burn, destroy, or otherwise dispose of Municipal Solid Waste and Bulk Waste within the jurisdictional limits of the Township, except at a disposal facility approved and permitted by the Pennsylvania Department of Environmental Protection.
In order for the Township to provide collection and disposal of Municipal Solid Waste, Bulk Waste, and Leaf Waste services to the Eligible Units within the Township Contracted Municipal Solid Waste Collection Area, the Township will collect a per capita refuse collection charge from each Eligible Unit in the manner prescribed under the Second Class Township Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any Person who shall violate any provision of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be subject to the penalty provisions of § 1-12, Summary offenses, of the Code of the Township of Spring.
B.
Each violation for each separate day and each violation of any provision of this article, any regulation to be promulgated pursuant to the terms of this article, or any order issued hereunder shall constitute a separate offense.
In any case where a provision of this article is found to be in conflict with a provision of any zoning, building, housing, fire, safety, health, or other ordinance, the provision which establishes the higher standard for the promotion and protection of the health and safety of the public shall prevail.