[HISTORY: Adopted by the Board of Supervisors of the Township of Springfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-2-2019 by Ord. No. 2019-03; amended in its entirety 12-9-2024 by Ord. No. 2024-03]
For the purposes of this article 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. The word "shall" is always mandatory and not merely directory.
CHRISTMAS TREE COLLECTION
Shall mean a separate collection, from December 26 through the second week of January each contarct year, and transportation of trees to a mulching site designated by the Township.
CONTRACT FEE
$5,000 to be paid to the Township within 10 days of award.
LARGE ITEM
Any single item that due to size or shape, will not fit into a refuse container used by the customer for waste collection and is not bagged in a 32 gallon bag for collection. Two tires each weighing less than 50 lbs. shall be equal to one large item.
MUNICIPAL WASTE
Municipal waste as defined in the Pennsylvania Solid Waste Management Act together with leaves, shrubbery trimmings, tree trimmings and lawn trimmings properly bundled or bagged.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
RECLAMATION
Shall mean the controlled removal of valuable materials from a solid waste processing or disposal site for reuse or sale for reuse.
RECYCLABLE MATERIALS
Newsprint, cardboard, plastics #1, #2 and #5, aluminum, steel, metal food containers, containers for food packaging and glass (clear, brown, blue and green) which are to be collected separately and disposed of in a manner which will allow reprocessing and reuse.
RESIDENTIAL
Residential dwelling of four units or less held in common ownership and contiguous.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings.
SOLID WASTE
Solid waste as defined in the Pennsylvania Solid Waste Management Act, together with coal ash, drill cuttings, leaves, shrubbery trimmings, tree trimmings and lawn trimmings properly bundled or properly contained.
TOTER
Means any refuse container equipped with wheels for ease of movement and capable of being dumped mechanically into refuse trucks.
TOWNSHIP
Springfield Township, York County, Pennsylvania.
UNIT
Means one box, can, suitable plastic bag, or carton, either empty or filled with municipal waste when such material is assembled, broken or cut up and tied securely in bundles. Units shall be of such size that the longest dimension shall not exceed three feet and that the volume shall not exceed 32 cubic feet and the total weight of any unit shall not exceed 50 pounds. Municipal waste containing putrescible matter shall not be placed in units.
All solid waste or other material subject to decay, excepting sewage, leaves, grass or animal excrement/fertilizer shall be kept in a tightly covered metal or plastic container having a definite shape. It shall be unlawful to place or permit the same to remain anywhere in the Township other than in a tightly covered metal or plastic container having a definite shape.
It shall be unlawful to place or permit to remain any sewage above the surface of the grounds anywhere in the Township.
It shall be unlawful to cause or permit to accumulate any solid waste anywhere in the Township unless in a tightly covered metal or plastic container having a definite shape except automobiles, trucks, buses, motorcycles, trailers, motor scooters or other vehicles capable of proceeding under their own power or being towed by a powered vehicle which care included in the aforesaid definitions of solid waste shall be completely housed or enclosed within a permanent structure not including tents, tarpaulins or temporary coverings of any nature whatsoever.
It shall be unlawful to deposit or permit to fall from any vehicle any solid waste on any public street or alley in the Township; provided, that this § 368-5 shall not be construed to prohibit placing solid waste in a container complying with the provisions of this article preparatory to having such material collected and disposed of by the contracted collector registered by the Township.
All solid waste shall be placed in containers for collection. It shall be unlawful to dispose of any solid waste anywhere except in accordance with the Pennsylvania Solid Waste Management Act, this article and the York County Solid Waste Management Plan. All owners or occupiers of residential properties and all other producers of residential solid waste which is to be collected within the Township shall dispose of all solid waste by using only the services of the exclusive contract hauler ("contractor") under the Ordinances of the Township. Such owners and producers of residential solid waste shall become contractually bound to use and pay for such services in accordance with all Township Ordinances, contract documents, regulations, and applicable law, with the right on the part of the hauler to withdraw services for payments therefore which are delinquent for more than 90 days. It shall be a violation to refuse or neglect to pay for hauling services in the absence of a breach of contract by the exclusive contract hauler. The owners and occupiers of residential dwellings in excess of four dwellings in contiguous or common ownership, commercial units, industrial units or dwelling units that do not have solid waste collected in the Township are not required to utilize the exclusive contractor for such collection.
All solid waste shall be placed in metal or plastic containers having a definite shape equipped with covers and having a capacity of no less than 32 gallons or in plastic containers not having a definite shape (bags), but which are securely closed and which have a capacity of no more than 32 gallons deposited at a regular collection point on the day of collection, provided, however, commercial and industrial establishments which utilize or have contracted with private collectors utilizing larger containers equipped with a cover are permitted and customers of the contractor allowed to use toters are permitted. Recycling containers shall be durable to provide for the co-mingling of recyclable materials. Containers shall be of an open-type top with no lid to be included, toter, or to be utilized in determining gallon capacity.
For properties served by the contractor to collect and haul residential municipal waste and recyclables under this article or any successor regulations or amendments thereto, Christmas trees shall be added as a source separated recyclable material. Christmas trees shall be placed at the public street or alley edge where solid waste is normally placed at such time and date as is established by Springfield Township or its exclusive contract collector from December 26 through the first two full weeks of January. Such Christmas trees must be placed at the street or alley side by 6:00 a.m. on the scheduled collection day.
The Township, after requisite bidding procedures, shall award an exclusive multi-year contract for the collection of residential municipal waste as specified in the contract documents relating thereto. Such contractor shall commence on April 01, 2025 and run for the period of three years as specified in the documents or established by resolution from time to time. The fee for such exclusive contract fee shall be $5,000, payable within 10 days after the award of the exclusive contract, in the form of a certified check or cashier's check. The contractor shall register all vehicles used in the Township prior to April 01 of each year of the exclusive contract. The Township, in its sole discretion, may extend the exclusive contract for up to two additional years by passage of a resolution to that affect and payment by the contractor of $5,000 and registration of all vehicles to be used in such year.
The contractor shall provide "curbside" recycling service per the contract documents. All collectors providing recycling to customers in the Township are required to conform to all ordinances of the Township, the Township Solid Waste Management Plan, any County Plan and any statutes or regulations of the Commonwealth of Pennsylvania. All collectors providing recycling services in the Township are required to keep accurate weight receipts for all designated recyclable materials and municipal solid waste collected from within the Township and must provide these totals to the Township annually or as often as deemed necessary by or specified in the exclusive contract documents and exclusive contract awarded by the Township. All collectors shall make available for inspection by the Township any records and/or weight receipts pertaining to customers in the Township. All collectors shall permit the Township to use the information collected pursuant to this section for purposes of applying for and obtaining grants from the Commonwealth of Pennsylvania. Contractor will provide, distribute, free of charge, to each dwelling unit, approved small business establishment and any new customer one recycling container for the co-mingling of recyclable materials. The ownership of the recycling container shall remain the property of the successful bidder during the term, and upon the expiration of the contract.
The contractor shall pay promptly any damages inflicted upon property owners or residents, occasioned by the fault or negligence of said operators. If the contractor fails to promptly pay damage occasioned by his fault or negligence, the contractor shall be subject to immediate forfeiture of his authorization to collect said waste in the Township or a fine of $500 per day, as the Township determines.
Collection of solid waste shall be made only in trucks, equipped with compactor-type units, or otherwise covered bodies. A person collecting solid waste shall dispose of said material only in compliance with the exclusive contract, the York County Solid Waste Management Plan, the Pennsylvania Solid Waste Management Act and, in the event the contractor does not, he shall be subject to forfeiture of any authorization to collect solid waste in the Township.
The contractor collecting solid waste, recyclables, and one large item from residents within the Township shall make available said collection at least once each week to every resident serviced.
Any person violating the provisions of this article, or failing to comply therewith, or with the terms and conditions of the contract shall be subject to any penalties in the specifications for the exclusive contract and, in addition, shall upon conviction thereof before any District Magisterial Justice having jurisdiction in the Township, severally, for each and every violation or non-compliance therewith, be sentenced to pay a civil fine of no less than $100 and not more than $600, costs of suit and Township Solicitor fees. A non-exclusive waste hauler operating in the Township and/or any person or entity such non-exclusive hauler contracts with or serves shall each be in violation of this article. The non-exclusive contractor and the resident or entity are each in violation and subject to penalties. Each continuing day of violation shall be deemed a separate and distinct violation.
A. 
Each owner or occupant of a residential dwelling who contracts with the exclusive contractor within Springfield Township shall be required to pay to the contractor a monthly, quarterly or semi-annual fee (the "fee") for the collection, transportation and disposal of municipal waste and recyclable materials. This fee shall be paid regardless of the amount or type of municipal waste and/or recyclable material put out for collection. The fee charged by the contractor has or shall be established by a contract to be entered into between the Township and the contractor pursuant to public bidding requirements. The Township accepts no responsibility whatsoever for the collection of the fee to be charged to the owner or occupant of each residential dwelling. The contractor shall be solely responsible for the collection of any fees.
B. 
All fees which remain unpaid 30 days after the invoice date shall be deemed to be delinquent. All delinquent accounts shall have added to such account a penalty of 10%. Thereafter, the 10% penalty shall be imposed once during each month that the delinquent balance remains unpaid and be cumulative. The Township or contractor is authorized to waive such penalty in whole or in part, if either party believes it is in the best interest of the Township to do so.
C. 
If the owner or occupant of a residential dwelling shall fail to pay any charges or Fees after the same becomes delinquent, the contractor is authorized to file a civil suit against the owner for the collection of fees, related charges, penalties, interest, and costs of collection, including reasonable attorney's fees, and an administrative fee of $50.
D. 
In the event the contractor is unable or refuses to complete its contract with the Township and, as a result, the Township must assume a part or all of the responsibilities of the contractor, or assigns the remaining term of the contractor's contract, all the remedies set forth in this article shall be available and accrue to the Township or its assigned successor exclusive contract hauler to enforce responsibilities of the residences served and collect any and all fees existing or generated by solid waste collection.
This article shall take effect five days after adoption, but commence and apply on April 01, 2025, provided this article shall not affect the present obligations and responsibilities of the present exclusive contract hauler until April 01, 2025, at which time, to the extent this article conflicts with any prior ordinance, this article shall control and such other conflicting ordinance shall be deemed to be repealed as to such conflict, including but not limited to Chapter 368 Solid Waste, of the Code of Springfield Township.