[HISTORY: Adopted by the Board of Supervisors
of the Township of Springettsbury 7-26-1990 by Ord. No. 1990-03 (Ch. 20, Part 1, of the 2003 Code). Amendments noted where applicable.]
[Amended 3-22-2012 by Ord. No. 2012-01]
The purpose of this chapter is to provide for
the proper storage, collection, transportation and disposal of municipal
waste generated within the Township by implementing the York County
Municipalities Solid Waste Management Plan Update, as adopted with
amendments by the Township. It is the further purpose of this chapter
to establish and implement a single stream collection system for recyclable
materials as required by Chapter 15 of the Municipal Waste Planning,
Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528,
No. 101.[1] In furtherance of both purposes, the Board of Supervisors
adopts and incorporates herein by reference the legislative findings,
purposes and goals set forth in § 102 of said Act.[2]
[Amended 12-16-1993 by Ord. No. 1993-15]
As used in this chapter, the following words
and terms shall have the following meanings:
The Municipal Waste Management Act, Act of July 7, 1980,
P.L. 380, No. 97, as now or hereafter amended. [1]
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.[2]
All food and beverage cans made of the light in weight, ductile
and malleable metallic substances or element commonly known as aluminum.
This description excludes aluminum foil, trays, plates and miscellaneous
aluminum products.
All vegetative garden residue, shrubbery and tree trimmings,
exclusive of grass clippings and leaf waste.
[Added 2-24-2005 by Ord. No. 2005-04]
An individual, partnership, firm or corporation which has been licensed by the Township to collect and transport municipal waste pursuant to § 276-5 of this chapter.
July 1, 1990, the date upon which Township's mandatory recycling
program begins.
Recyclable materials which have been segregated from regulated
municipal waste but which have not been separated into different types
of recyclable materials and which have been placed in a recycling
container for the purpose of collection.
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, bazaars,
socials, picnics, and organized sporting events attended by 200 or
more individuals per day.
[Added 5-14-2020 by Ord. No. 2020-05]
Layered paper or cardboard in which one or more layers is
pressed into parallel grooves or ridges and which is normally used
for wrapping, packing, shipping and/or the storage of dry materials.
The correct location for the placement of refuse containers
and recycling containers for the purposes of collection by a collector,
which shall be adjacent to the residential unit and no more than five
feet from the public street used by collection vehicles.
Those recyclable materials designated in § 276-14 of this chapter or in the Township's policies and procedures for source separation.
A facility maintained by the Township with recycling containers
for use by Township residents in the processing of designated recyclable
materials.
[Amended 5-14-2020 by Ord. No. 2020-05]
Any contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or recyclable
materials generated or located within the Township which was legally
entered into prior to the effective date of this chapter and when
entered into was legally enforceable.
The hard, brittle and transparent or partially transparent
substance produced by fusion of silica and silicates or sand containing
soda and lime and/or other chemicals and substances usually or conveniently
included in the manufacture of glass. For the purposes of this chapter,
the term "glass" shall mean only those materials commonly known as
glass bottles or containers, including all food and beverage containers
made of glass, whether clear or colored, of one gallon or less capacity.
The term "glass" excludes containers of a greater capacity than one
gallon, glass which is not in the form of bottles or containers, glass
which is laminated, wired or mirrored, ceramics and crystal.
Printed or unprinted sheets, shavings or cuttings of sulphite
or sulphate ledger, bond, writing or other paper having similar fibre
and filler content including, but not limited to, stationery, copy
paper and computer paper. Treated, coated, padded and heavily printed
stock is not included.
Leaves, tree trimmings of less than 1/4 inch in diameter
and not more than 10 inches in length and similar material, but not
including grass clippings and/or brush.
[Amended 2-24-2005 by Ord. No. 2005-04]
A property with five or more residential units including,
without limitation, apartment complexes, condominium complexes, retirement
homes and mobile home parks within the Township, excluding farms.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition or residual or hazardous
waste in the Solid Waste Management Act from a municipal commercial
or institutional water supply treatment plant, wastewater treatment
plant or air pollution control facility. The term does not include
source-separated recyclable materials.
Paper of the type commonly used for the printing of newspapers
and newspaper advertising or other supplements, including glossy or
coated paper of the type found in magazines and periodicals.
[Amended 3-22-2012 by Ord. No. 2012-01]
All commercial, municipal, institutional and community establishments,
community events and all farms within the Township, excluding residential
units and multifamily units.
[Amended 5-14-2020 by Ord. No. 2020-05]
Furniture, appliances, building materials, bulky items and
similar waste, but not including designated recyclable materials,
regulated municipal waste or leaf waste.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Organic, synthetic or processed materials that are thermoplastic
or thermosetting polymers of high molecular weight that can be molded,
cast, extruded, drawn or laminated into objects, films or filaments.
The rules and regulations adopted and revised, from time
to time, by the Township which govern and pertain to the Township's
recycling program and the collection, storage or transportation of
municipal waste within the Township.
Any material which would be regulated municipal waste but
for source separation and which will be separated, collected and processed
into raw materials or products which are beneficially reused (other
than as fuel).
The collection, recovery and sale or reuse of metals, glass,
paper, leaf waste, plastics and other materials which would otherwise
be disposed of or processed as regulated municipal waste and the recovery
of reusable materials other than a fuel for the creation of energy.
Also known as "single stream collection."
[Amended 3-22-2012 by Ord. No. 2012-01]
For residential units, the term "recycling container" shall
refer to the container supplied by the contractor or Township. For
multifamily units and nonresidential units, the term "recycling container"
shall refer to a receptacle which is constructed of plastic, metal
or fiberglass and has handles of adequate strength for lifting.
[Amended 3-22-2012 by Ord. No. 2012-01]
For residential units, the term "recycling container" shall
refer to the container supplied by the contractor or the Township.
For multifamily units and nonresidential units, the term "recycling
container" shall refer to a receptacle which is constructed of plastic,
metal or fiberglass and has handles of adequate strength for lifting.
A receptacle which is constructed of plastic, metal or fiberglass
having handles of adequate strength for lifting and having a tight-fitting
lid capable of preventing entrance into the container by vectors or
a polyethylene bag which is specifically designed for storage and
collection, is protected against animal damage and overloading so
as to prevent littering or attraction of insects or rodents and has
a holding strength capable of withstanding normal stresses until it
is collected.
All municipal waste, excluding designated recyclable materials,
leaf waste and other municipal waste.
Any single-family detached, semidetached or townhouse dwelling
or a dwelling unit with a multifamily building containing four or
fewer dwelling units.
The uncontrolled or unauthorized removal of recyclable materials
from the curbside or from a dropoff center.[3]
The ferrous metal food or beverage containers commonly known
as tin cans.
No person shall accumulate or store regulated
municipal waste upon private or public property within the Township,
except in accordance with the following:
A.
Regulated municipal waste shall at all times prior
to collection be kept or stored in a refuse container.
B.
Regulated municipal waste consisting of garbage and
similar organic waste materials shall not be permitted to accumulate
for a period of time in excess of seven days. All other types of regulated
municipal waste shall not be permitted to accumulate for a period
of time in excess of 30 days.
C.
The owner or operator of a multifamily unit or nonresidential
unit shall provide refuse containers at easily accessible locations
for the use of the occupants of such unit.
No person shall accumulate or store designated
recyclable materials upon private or public property within the Township,
except in accordance with the following:
A.
Designated recyclable materials, if stored outside a building, shall be kept in a refuse container until placed at curbside for collection. If such materials are stored inside a building, they shall be kept in a recycling container or any type of container suitable for the purpose. When designated recyclable materials are placed at curbside for collection, they shall be contained in a recycling container or otherwise prepared and contained as provided in § 276-15.
B.
Designated recyclable materials shall not be permitted
to accumulate for a period of time in excess of 30 days.
C.
The owner or operator of a multifamily unit or nonresidential
unit shall provide recycling containers at easily accessible locations
for the use of the occupants of such unit.
D.
Materials
can be put curbside for collection no earlier than 4:00 p.m. the day
prior to pickup, and empty containers must be removed within 24 hours
after collection.
[Added 3-22-2012 by Ord.
No. 2012-01]
No person shall accumulate or store leaf waste
upon any private or public property within the Township, except in
accordance with the following:
A.
Leaf waste for collection shall at all times prior
to collection be kept or stored in a refuse container; provided, however,
that leaves accumulated during the fall Township leaf collection season
may be raked or otherwise deposited uncontained in the street for
collection by the Township.
B.
Leaf waste for collection shall not be permitted to
accumulate for a period of time in excess of 30 days.
C.
Leaf waste may be accumulated and stored on any property
by the owner thereof or the occupant of any property with the consent
of the owner for the purpose of composting the material for use on
the property. Such composting shall take place within an enclosure
adequate to contain the leaf waste and prevent its intrusion onto
other property.
No person shall accumulate or store other municipal
waste upon private or public property within the Township, except
in accordance with the following:
All municipal waste shall be kept, stored and
accumulated in such a manner as to prevent the attraction, harborage
or breeding of insects, rodents or other vermin and to eliminate conditions
harmful to the public health or which create a safety hazard, odors,
unsightliness or a public nuisance.
A.
No person shall engage in the business of collecting
municipal waste within the territorial limits of the Township unless
such person shall have applied for and received a license from the
Township.
B.
The application for a collector's license shall be
in such form as the Township shall, from time to time, prescribe.
Included in the information required to be disclosed in the application
shall be:
(1)
The name and address of the collector.
(2)
The area, including street names, within which collections
will be made.
(3)
The day or days of the week upon which collections
will be made.
(4)
A description of each vehicle to be used for the collections,
including current registration number.
(5)
References or other evidence of the collector's ability
to perform collections within the requirements of this chapter.
C.
All collectors shall pay an annual license fee to
the Township in such amount as shall be established, from time to
time, by duly adopted resolution of the Board of Supervisors.
D.
The license of any collector violating the provisions
of this chapter may be suspended or revoked by the Township Manager.
In such event, the Township Manager shall give the collector five
days' written notice of his intent to suspend or revoke the license.
Within such five-day period, the collector may request a hearing before
the Board of Supervisors. The Board of Supervisors shall schedule
a hearing within 10 days of the request, hear and consider the merits
of the matter and enter a decision within five days of the date of
the hearing.
[Amended 12-11-2003 by Ord. No. 2003-18]
A.
The vehicles and equipment of each collector used
in the Township shall be adequate for the purpose to which such vehicles
or equipment are being put. Any vehicle used for the collection of
regulated municipal waste shall have a watertight enclosed metal body
equipped with a compaction device. Any vehicle used for the collection
of designated recyclable materials, leaf waste or other municipal
waste shall be designed to prevent waste materials from blowing or
otherwise escaping the vehicle. All vehicles and equipment shall at
all times be kept in good repair and operating condition and be reasonably
clean and odor free.
B.
Collectors shall not cause or allow any municipal
waste to be spilled and remain on any private or public property,
street or alley during the course of collection or during the course
of transporting municipal waste within the Township to the place of
disposal.
C.
Collectors shall file with the Township on or before
the 15th day of the month succeeding each calendar quarter a report
covering the preceding calendar quarter which shall set forth such
reasonable information as the Township shall request including, but
not limited to:
(1)
The volume of each regulated municipal waste, designated
recyclable materials, leaf waste and other municipal waste collected.
The volume of designated recyclable materials shall be broken down
into the volume of each designated material.
(2)
The name and address of any person the collector shall
observe who consistently fails to comply with any provision of this
chapter.
D.
All regulated municipal waste collected within the
territorial limits of the Township shall be transported to and be
disposed of only at the resource recovery facility owned by the York
County Solid Waste and Refuse Authority on Black Bridge Road in Manchester
Township or, in the event that such facility shall not be operating,
at a facility designated by the Authority, if any, and otherwise to
a facility permitted by the Department of Environmental Protection
of the Commonwealth of Pennsylvania.
E.
All designated recyclable materials collected within
the territorial limits of the Township shall be transported to and
processed at a recycling facility.
[Amended 5-14-2020 by Ord. No. 2020-05]
F.
All leaf waste collected within the territorial limits
of the Township shall be transported to and disposed of at such facility
for the composting of leaf waste, a collection center designated by
the Township or other site approved by the Township.
G.
All other municipal waste collected within the territorial
limits of the Township shall be transported to and disposed of at
a facility permitted for the disposal of such waste by the Department
of Environmental Protection of the Commonwealth of Pennsylvania.
A.
All persons within the Township shall single-stream
designated recyclable materials from the municipal waste generated
by such person as hereinafter provided.
[Amended 3-22-2012 by Ord. No. 2012-01]
B.
Each residential unit, multifamily unit, and nonresidential
unit within the Township shall ensure that the designated recyclable
materials generated at such unit are processed at a recycling facility.
[Amended 5-14-2020 by Ord. No. 2020-05]
[Amended 12-11-2003 by Ord. No. 2003-18]
A.
Each residential unit, multifamily unit and nonresidential
unit within the Township shall ensure that the regulated municipal
waste generated at such unit is disposed of at the resource recovery
facility owned by the York County Solid Waste and Refuse Authority
on Black Bridge Road in Manchester Township or, in the event that
such facility shall not be operating, at a facility designated by
the Authority, if any, and otherwise to a facility permitted by the
Department of Environmental Protection of the Commonwealth of Pennsylvania.
A.
Each residential unit, multifamily unit and nonresidential
unit within the Township shall ensure that the leaf waste generated
at such unit is disposed of at such facility for the composting of
leaf waste or collection center as shall, from time to time, be designated
by the Township.
B.
Compliance with Subsection A of this section may be obtained by contracting with a collector, transporting such waste to a composting facility or collection center designated by the Township or placing such waste at curbside during the leaf collection season.
[Amended 2-24-2005 by Ord. No. 2005-04]
[Amended 12-11-2003 by Ord. No. 2003-18]
A.
Each residential unit and multifamily unit shall ensure
that other municipal waste generated at such unit is disposed of at
a facility permitted for the disposal of such waste by the Department
of Environmental Protection of the Commonwealth of Pennsylvania.
[Amended 12-16-1993 by Ord. No. 1993-15; 2-24-2005 by Ord. No. 2005-04; 3-22-2012 by Ord. No. 2012-01]
A.
All residential, nonresidential and multifamily units
shall commingle for single stream the following designated recyclable
materials:
A.
The occupants of each residential unit shall prepare
designated recyclable materials and place such materials at curbside
for collection as follows:
(1)
All recyclable materials shall be placed in approved
containers not exceeding 50 pounds in weight.
[Amended 3-22-2012 by Ord. No. 2012-01]
(2)
Glass and plastic containers shall have caps and lids
removed.
[Amended 3-22-2012 by Ord. No. 2012-01]
(3)
Glass and cans shall be rinsed free of contaminants.
(4)
Glass, aluminum, cans and plastic shall be commingled
in a recycling container to be approved and provided by the Township.
Plastic garbage bags or other home use containers shall not be utilized
as containers for designated recyclable materials.
[Amended 3-22-2012 by Ord. No. 2012-01]
(5)
Brush (yard waste) shall be placed in: (a) no more
than four-foot lengths and bundled; (b) biodegradable kraft or other
paper bag; or (c) maximum thirty-two-gallon container with a Township-approved
brush identification sticker. Collection dates and times shall be
as determined by the Board of Supervisors.
[Amended 2-24-2005 by Ord. No. 2005-04]
B.
Any residential unit placing designated recyclable
materials at a dropoff center shall prepare such materials in the
same manner as if they were to be collected at curbside.
[Amended 5-14-2020 by Ord. No. 2020-05]
C.
The owner or operator of a multifamily unit or nonresidential
unit contracting with a collector for the collection of designated
recyclable materials shall prepare such materials for collection in
such manner as the collector shall designate.
[Amended 12-16-1993 by Ord. No. 1993-15; 5-14-2020 by Ord. No. 2020-05]
The Board of Supervisors, in its discretion,
is authorized to request proposals from and enter into an exclusive
contract with a collector for the collection, transportation, disposal
of regulated municipal waste, and processing of designated recyclable
materials and other municipal waste generated by all residential units
within the Township. If the Board elects to enter into such contract,
the following provisions shall apply:
A.
All persons owning or occupying any residential unit
within the Township shall dispose of all regulated municipal waste,
and recycle designated recyclable materials generated by each unit
only through the service of the collector contracting with the Township.
B.
The handling, collection, transportation and disposal
of such waste shall be in accordance with the provisions of this chapter
and the terms and conditions of the contract between the Township
and the contracting collector.
C.
The per-unit service charge or fee provided in or
determined by the contract is imposed on the owner or occupant of
each residential unit and shall be paid as provided in the contract.
D.
Reasonable notice of such exclusive contract and the
terms and conditions thereof, including the effective date, shall
be given by the Township to the owner or occupant of all residential
units within the Township.
[Amended 12-16-1993 by Ord. No. 1993-15; 8-28-1997 by Ord. No. 1997-17; 12-11-1997 by Ord. No. 1997-29; 11-20-2002 by Ord. No. 2002-11; 3-13-2003 by Ord. No. 2003-03]
In addition to the per unit service charge or
fee established by the contract, there is imposed upon the owner and
occupant of each residential unit an annual charge or fee in the amount
to be set by resolution of the Board of Supervisors, payable to the
Township to cover administrative and other costs of the Township.
Such charge shall be collected, administered and used as follows:
A.
The Township may require the contracting collector
to add a sum as set by resolution to the first and all subsequent
quarter-annual invoices of the contracting collector to the owner
or occupant of each residential unit.
B.
The contracting collector shall remit all charges
to the Township within 30 days following receipt of the same. A record
with the name of the payer, the address of the residential unit for
which it as paid and the amount paid shall accompany each remittance
to the Township.
C.
The contracting collector is required to perform billing
for garbage and recycling collection, transportation and disposal
services. All charges which remain unpaid 30 days after the invoice
due date shall be deemed delinquent.
D.
All delinquent accounts shall accrue interest at the
rate of 6% per annum from the date of the delinquency. The Township
or the contracting collector is authorized to waive such interest
payments, in full or in part, if either party believes it is in the
best interest of the Township to do so.
E.
If the owner of a residential unit shall fail to pay any charges or fees under § 276-16 or under this section after the same becomes delinquent, either the Township Solicitor or the contracting collector is authorized, pursuant to the Pennsylvania Municipal Claims Act, to enter a lien against the real estate upon which the residential unit is situate in the amount of the charge or aggregate of charges, interest, attorney's fees, if applicable, and costs of entry. In addition to the above, the Township Solicitor, the Township Manager or contracting collector, as agent for the Township, is authorized to file a civil lawsuit for the collection of charges, interest and costs, including reasonable attorney's fees.
[Amended 3-22-2012 by Ord. No. 2012-01]
[Amended 12-16-1993 by Ord. No. 1993-15]
The Board of Supervisors of the Township shall,
by resolution, appoint a Township employee to implement and administer
the provisions of this chapter. Such person shall have the power and
duty to:
A.
Prepare and publish polices and procedures not inconsistent
with the provisions of Act 97, Act 101 and this chapter for the proper
implementation and administration of this chapter.
B.
Prepare, keep and maintain such books and records
as shall be necessary to document compliance by the Township with
the requirements of Act 97, Act 101 and this chapter.
C.
Investigate complaints of generators and collectors
and assist in the resolution of such complaints.
D.
Issue warnings of violation, initiate proceedings
against violators and otherwise enforce the provisions of this chapter
and the policies and procedures adopted hereunder.
[Amended 12-16-1993 by Ord. No. 1993-15]
A.
Residential units. From the time of placement at curbside
or at a dropoff center of any designated recyclable materials, all
such designated recyclable materials shall be and become the property
of the collector, in the case of curbside collection and the Township,
in the case of deposit at a dropoff center. It shall be a violation
of this chapter for any person other than the collector or Township
to collect or pick up or cause to be collected or picked up any such
designated recyclable materials from curbside or dropoff center, as
the case may be.
B.
Nonresidential units and multifamily units. From the
time of placement for collection of any designated recyclable materials,
all such designated recyclable materials shall be the property of
the collector or the owner or operator of the nonresidential unit
or multifamily unit where such owner or operator elects to transport
such materials to a recycling facility. It shall be a violation of
this chapter for any person, other than the collector or the owner
or operator of such units to collect or pick up or cause to be collected
or picked up any such designated recyclable materials.
[Amended 12-16-1993 by Ord. No. 1993-15]
A.
Nothing in this chapter shall be construed to impair
the obligations of any existing contracts.
B.
No renewal or modification of any existing contract
and no new contract for the storage, collection, transportation, processing
or disposal of regulated municipal waste or designated recyclable
materials shall be entered into after the effective date of this chapter
unless such renewal or modification or new contract shall conform
to the requirements of this chapter.
[Amended 12-16-1993 by Ord. No. 1993-15]
It shall be unlawful for any person to violate
or cause or permit or assist in the violation of any provision of
this chapter or any provision of the Township's policies and procedures.
All unlawful conduct shall constitute a public nuisance.
[Amended 12-16-1993 by Ord. No. 1993-15; 12-11-2003 by Ord. No. 2003-18]
Any person, firm or corporation who shall violate
any provisions of this chapter, upon conviction thereof in an action
brought before a district justice 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 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 chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
[Amended 12-16-1993 by Ord. No. 1993-15]
For purposes of the obligations established
by this chapter or the Township's policies and procedures and for
purposes of any fine, penalty, imprisonment or other sanction, the
terms "person," "residential unit," "multifamily unit" and "nonresidential
unit" shall include officers and directors of any corporation or legal
entity having officers and directors and refer to and impose joint
and several liability upon both the persons residing in or occupying
any such residential, multifamily or nonresidential units and the
owner, landlord or condominium owners' association of such premises.
[Amended 12-16-1993 by Ord. No. 1993-15]
In addition to any other remedy provided in
this chapter, the Township may institute proceedings in equity to
restrain any violation of, or compel compliance with, this chapter
and/or the Township's policies and procedures.
[Amended 12-16-1993 by Ord. No. 1993-15]
The penalties and remedies set forth in this
chapter are in addition to, not in lieu of, any fines, penalties or
remedies provided in the Township's policies and procedures. The existence
or exercise of any remedy shall not prevent the Township from exercising
any other remedy provided under this chapter or the Township's policies
and procedures or available at law or equity.
