This article shall govern and control all aspects
of the collection, storage, transportation, processing, and disposal
of municipal waste, and recycling, in Washington Township. It contains
regulations applicable to haulers of municipal waste, collectors of
recyclables, individuals, commercial, municipal, and institutional
establishments, and community activities.
This article is being enacted in an effort to
implement a recycling program in order to return valuable materials
to productive use, to conserve energy and to protect capacity at municipal
waste processing and disposal facilities.
As used in this article, the following terms
shall have the meanings indicated:
AGENT
One who performs an act for his immediate family or for another
person gratuitously (without any form of monetary or material compensation
therefor).
APPLICANT
A person desirous of being licensed as a hauler or of being
issued a recyclable collection permit, as the case may be.
AUTHORIZED COLLECTOR
A licensed hauler (as defined herein); a recyclable collection
permittee (as defined herein); or a person who, being so authorized
by the terms of this article, removes municipal waste or recyclables
from his own premises, as owner of the building or commercial, municipal
or institutional establishment or community activity conducted therein,
or as an agent (as defined herein) of another person.
BIMETALLIC CANS
Empty food or beverage containers consisting of both steel
and aluminum.
BULKY ITEMS
Discarded "white goods" (major appliances), televisions,
mattresses, furniture, air conditioner and similar household items.
COMPOSTING
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
COLLECTOR
Any person who collects, for removal from premises, municipal
waste or recyclables.
COMMERCIAL
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, financial or professional service or office enterprise,
business, or establishment.
COMMUNITY ACTIVITY
An activity or event sponsored or organized by a public or
private nonprofit organization for recreational, educational, cultural,
or civic purposes, which may be attended by members of the public,
whether or not an entrance or participation fee is charged therefor.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, of the type normally used to make packaging
cartons and boxes.
CURBSIDE COLLECTION
A method of collection of residentially generated recyclables
and municipal waste by which the owners or occupants of certain residential
properties may dispose of their recyclables by placing them at curbside
(along the street) or within the private right-of-way fronting along
their property or which provides access to the property, at times
designated by the Washington Township Supervisors or the collector,
for collection and removal by an authorized collector for delivery
to a recycling center.
DISPOSAL
The incineration, deposition, 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.
DISPOSAL AREA
Any site, location, area, building, structure, transfer station,
or premises to be used for municipal waste disposal.
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
GLASS CONTAINERS
All empty food and beverage jars or bottles made from silica
or sand, soda ash, and limestone, the product being transparent or
translucent (either clear, green or brown), excluding, however, blue
glass, flat glass, plate glass, glass commonly known as "window glass,"
automotive glass, and ceramic and porcelain products.
HIGH-GRADE OFFICE PAPER
Any white paper other than newsprint, magazines, or other
chemically coated paper or corrugated paper, of the type commonly
used for letter-writing stationery, note paper, plain paper, photocopying
machines, computer printers, and other general-purpose paper, whether
or not any printed or written matter is contained thereon.
INSTITUTIONAL
Of or pertaining to any establishment engaged in service
to persons including, but not limited to, hospitals, nursing homes,
orphanages, schools, universities, churches, and social or fraternal
societies and organizations.
LANDLORD
The owner of residential property, or such owner's authorized
agent or representative.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings (less
than four feet in length and two inches in diameter), and similar
material, but not including grass clippings.
LEAF COMPOSTING FACILITY
A facility for composting vegetative material, including
leaves, garden residue and chipped shrubbery and tree trimmings. The
term does not include a facility that is used entirely or partly for
composting grass clippings.
LICENSED HAULER
A person licensed by Washington Township to collect, haul,
transport, and dispose of municipal waste and recyclables.
MAGAZINES
Printed matter, also known as "periodicals", containing miscellaneous
written prices published at fixed or varying intervals, printed on
glossy or chemically coated paper. Expressly excluded are newspapers
and all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTY
A type of residential property either under single ownership
by a person or organized as a condominium or cooperative form of housing,
which contains four or more dwelling units.
MUNICIPAL
Of or pertaining to any office or other property under the
control of any branch or arm of the federal government of the United
States of America, the Commonwealth of Pennsylvania, or any political
subdivision of the Commonwealth of Pennsylvania, including but not
limited to Washington Township, any counties, cities, boroughs, townships,
and municipal authorities.
MUNICIPAL WASTE
An all-encompassing, most general term meaning 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, except: farm-produced
manure; other agricultural waste; 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 Commonwealth of Pennsylvania Solid Waste Management
Act; but excluding recyclables.
NEWSPRINT
Paper of the type commonly referred to as "newspaper" and
distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing advertisements
and other matters of public interest. The term "newsprint" expressly
excludes glossy advertising inserts, magazines, glossy or other chemically
coated paper, office paper, and any other paper products of any nature.
PERSON
Any individual, partnership, 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. In any provisions of this
article 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.
PLASTIC BEVERAGE CARRIER
Plastic rings or similar plastic connectors used as holding
devices in the packaging of beverages, including, but not limited
to all carbonated beverages, liquors, wines, fruit juices, mineral
waters, soda, and beer.
PLASTIC CONTAINERS
Empty plastic food and beverage containers, the specific
types of which may, from time to time, be designated by resolution
of the Washington Township Supervisors.
PROCESSING
Any technology used for the purpose of reducing the volume
or bulk of municipal waste, or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include, but are not limited to, transfer stations, composting facilities,
and resource recovery facilities.
PUBLIC CONTAINER
Any device owned by any local, state or federal government
in which solid waste is held for storage or transportation.
RECYCLABLE COLLECTION PERMITTEE
A person authorized by the Township, through the issuance
of a permit therefor, to collect, transport, and dispose of recyclables
exclusively (and not municipal waste) for persons other than himself,
his immediate family, or persons for whom he is acting as an agent
(as defined herein).
RECYCLABLES
Materials designated as recyclables in this article, or required
by the terms of this article (or any amendment hereto) to be kept
separate from municipal waste and recycled.
RECYCLING
The collection, separate maintenance, recovery, and sale
or reuse of recyclables which would otherwise be disposed of or processed
as municipal waste, or the mechanized separation and treatment of
municipal waste (other than through combustion) and creation and recovery
of reusable materials other than a fuel for the operation of energy.
RECYCLING CENTER
A facility designed to, and which does, act as a collection
center for the processing, storage, and shipment of recyclables. The
term specifically excludes charitable organizations that accept recyclables
for collection but do not process such recyclables.
RESIDENTIAL
Of or pertaining to any dwelling unit used as a place of
human habitation and which is not commercial, municipal, institutional,
or a community activity. Home occupations incidental to the residential
use within a building are considered "residential."
RESOURCE RECOVERY FACILITY
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste that is generated
off-site, including, but not limited to, a facility that mechanically
extracts materials from municipal waste, a combustion facility that
converts the organic fraction of municipal waste to usable energy,
and any chemical and biological process that converts municipal waste
into a fuel product. The term also includes any facility for the combustion
of municipal waste that is generated off-site, whether or not the
facility is operated to recovery energy. The term does not include:
B.
Methane gas extraction from a municipal waste
landfill;
C.
Any separation and collection center, dropoff
point or collection center for recycling, or any source separation
or collection center for composting leaf waste; and
D.
Any facility, including all units in the facility
with a total processing capacity of less that 50 tons per day.
RUBBISH
Leaves, branches, trees, sawdust, chips, shavings, wood,
woodenware, leather, rags, grass, straw, and all solid combustible
matter not included in this section under the definition of "garbage."
SOLID WASTE
Waste, including, but not limited to, municipal, residual
or hazardous wastes (as defined in the Solid Waste Management Act
of Pennsylvania), including solid, liquid, semisolid or contained
gaseous materials.
STEEL CANS
Empty food or beverage containers made of steel, tin-coated
steel, or other ferrous metal food or beverage containers.
STORAGE
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such municipal waste.
It shall be presumed that the containment of any municipal waste in
excess of one-year constitutes disposal. This presumption can only
be overcome by clear and convincing evidence to the contrary.
TOWNSHIP
Washington Township, Franklin County, Pennsylvania.
TRANSPORTATION
The off-site removal of any municipal waste at any time after
generation thereof.
TRASH
Any solid waste, excluding food waste.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. The term does not include source-separated recyclable
materials or material approved by the Commonwealth of Pennsylvania
Department of Environmental Protection for beneficial use.
YARD WASTE
Grass clippings, prunings and other discarded materials from
yards and gardens.
The use of public containers for the disposal
of private household waste will be prohibited.
All licensed haulers doing business within the
Township shall make available to their customers the service of removal
of bulky items not less frequently than once per year.
In the event of any missed pickup, the collector
shall collect from the missed location before the end of the next
business day.
All complaints regarding collection of recyclables
or solid waste shall initially be reported to the collector. Any reasonable
complaint shall be given prompt and courteous attention by the collector.
In the case of missed collection, the collector shall collect from
the missed collection site before the end of the next business day
after the complaint is received. Any complaint which the collector
fails to resolve shall be reported in writing to the Township.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. The minimum fine to be imposed
is $50 per day or portion thereof for a first offense; $100 per day
or portion thereof for a second offense and $500 per day or portion
thereof for each subsequent offense. The Magisterial District Judge
may impose a fine of more than the minimum amounts set forth above.
The various headings used throughout this article
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 article. In this article, 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.