This chapter shall govern and control all aspects
of the collection, storage, transportation, processing and disposal
of municipal waste, and recycling, in the Township of Chestnuthill.
It contains regulations applicable to collectors of municipal waste,
collectors of recyclables, individuals, commercial, municipal, and
institutional establishments, and community activities.
This chapter is being enacted in order to establish
a program for the collection, storage, transportation, processing
and disposal of municipal waste, to implement a recycling program,
including mandatory source separation and separate collection of designated
recyclable materials and leaf waste, 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 chapter, the following terms
shall have the meaning indicated:
One who performs an act for his immediate family or for another
person gratuitously (without any form of monetary or material compensation
therefor).
Empty, all-aluminum beverage and food containers.
A person desirous of being registered as a collector or of
being issued a recyclable collector's registration, as the case may
be.
Empty food or beverage containers consisting of both steel
and aluminum.
A general term referring to any person who collects, for
removal from premises, municipal waste or recyclables.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, or financial or professional service or office enterprise,
business, or establishment.
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.
The process by which organic material is biologically decomposed
under controlled anaerobic or aerobic conditions to yield a humus-like
product.
A facility using land for processing of organic material
by composting.
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.
A method of collection of residentially generated recyclables
by which the owners or occupants of certain residential properties
place them at curbside, at times designated by authorized collectors,
for collection and removal by an authorized collector thereof for
delivery to a recycling center.
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.
Any site, location, area, building, structure, transfer station,
or premises to be used for municipal waste disposal.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
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, commonly known as "window glass,"
automotive glass, and ceramic and porcelain products.
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.
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.
The owner of residential property, or such owner's authorized
agent.
A facility for composting vegetative material, including
leaf waste, garden residue and chipped shrubbery and tree trimmings.
Leaf waste, garden residues, shrubbery and tree trimmings,
and similar material, but not including grass clippings.
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.
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.
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, the
Township of Chestnuthill, any counties, cities, townships, and municipal
authorities.
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 of "residual or hazardous
waste" as defined in the Pennsylvania Solid Waste Management Act[1] from a municipal, commercial or institutional water supply
treatment plant, waste water treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
Paper of the type commonly referred to as "newsprint" 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 "newspaper" expressly
excludes magazines, glossy or other chemically coated paper, office
paper, and any other paper products of any nature.
A fire in which any solid waste is burned in the open or
in a receptacle other than a furnace or an incinerator permitted by
the Pennsylvania Department of Environmental Protection.
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. In any provisions of this chapter 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.
Empty plastic food and beverage containers, the specific
types of which are PET (soft drink and water bottles) and HDPE (milk
and water jugs, detergent and shampoo bottles) to be designated by
resolution of the Board of Supervisors.
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.
Materials designated as recyclable in this chapter, or required
by the terms of this chapter, any amendment hereto or designated by
resolution of the Township to be kept separate from municipal waste
and recycled, including leaf waste.
A person authorized by the Township, through registration,
to collect and transport 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).
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.
A facility designed to, and which does, act as a collection
center for the processing, storage, and shipment of recyclables. The
term specifically excludes transfer stations and landfills for solid
waste and composting facilities and resource recovery facilities;
and specifically excludes charitable organizations that accept recyclables
for collection but do not process such recyclables.
A person registered with the Township of Chestnuthill
to collect, haul, transport, and deliver municipal waste and recyclables.
A registered collector (as defined herein);
or a person who, being so authorized by the terms of this chapter,
removes municipal waste, recyclables or leaf waste 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.
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 be residential use within
a building are considered residential.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper or plastic) and noncompostable plant material, wood or
nonputrescible solid waste.
Waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
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 can only
be overcome by clear and convincing evidence to the contrary.
Township of Chestnuthill, Monroe County, Pennsylvania.
The off-site removal of any municipal waste 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 or material approved by the Commonwealth of Pennsylvania
Department of Environmental Protection for beneficial use.
A facility that is used to compost leaf waste, including
a facility that is used to compost grass.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
A.Â
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, recyclables or leaf
waste in any stream or body of water, or on or near any public or
private right-of-way within the Township.
B.Â
Every owner of property or occupant thereof responsible
for such property's day-to-day operation or maintenance shall pick
up and discard in an appropriate receptacle any municipal waste, recyclables,
or other debris deposited or accumulated on the sidewalk or gutter
in front of or adjacent to such property. All owners or operators
of commercial, industrial, institutional and municipal establishments
in the Township shall take all reasonable precautions to prevent the
deposition and accumulation of debris in front of their premises,
and in furtherance of that end, may place appropriate waste containers
on the sidewalks in front of or adjacent to their premises at a point
which will not create a hazard to traffic or pedestrians. Any such
receptacles so placed shall be emptied on a regular basis and maintained
in a neat and clean appearance.
C.Â
Nothing contained herein shall prohibit a farmer from
carrying out the normal activities of his farming operations, including
composting and spreading of leaf waste, manure or other farm-produced
agricultural waste, provided such activities are conducted in accordance
with all applicable laws, rules and regulations.
A.Â
The storage of all municipal waste shall be practiced
so as to prevent the attraction, breeding, or harborage of insects
of rodents and to prevent conditions which may create potential hazards
to the public health or which may create fire and other safety hazards,
odors, unsightliness, or public nuisance.
B.Â
Any person accumulating or storing municipal waste
on private or public property in the Township for any purpose whatsoever
shall place the same, or cause the same to be placed, in sanitary
closed or covered containers in accordance with the following standards:
(1)Â
Containers used for the storage of municipal waste
shall be of metal, plastic or fiberglass construction, rust- and corrosion-resistant,
equipped with lids and waterproof.
(2)Â
All garbage shall be drained of excess liquids and
wrapped in paper or be placed in plastic bags before being placed
in the waste storage containers described above, and all ashes shall
be free of any burning material before being deposited for collection.
(3)Â
No person, except the occupant of the property on
which a waste container is placed, a registered collector, and any
authorized employees, shall remove the lids of the container and/or
remove the contents thereof.
(4)Â
All hazardous waste, including but not limited to
waste of a highly infectious or contagious nature, shall not be stored
for ordinary collection, but shall be specially disposed of in accordance
with the directions of the Township or of any state or federal authority
having jurisdiction thereof.
(5)Â
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 chapter by the
person on whose property the bulk container is located, if it is located
on private property.
A.Â
All owners of property within the Township shall provide
for the regular preparation for removal of all municipal waste generated
at such properties in one of the approved manners set forth herein.
B.Â
If a person or establishment (being so authorized
by the terms hereof) collects and removes their own municipal waste,
they shall do so at a minimum every 14 days or at shorter intervals,
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 chapter.
C.Â
Every owner or occupant of residential property and
every other person who, or establishment which, does not collect and
remove their own municipal waste, as aforesaid, shall use the collection
service provided by the Township contract collectors or alternative
contract with a registered collector for the regular, scheduled curbside
collection and removal of the municipal waste at least once every
14 days. Municipal waste shall be prepared for collection and be collected
and removed from such persons' or establishments' properties at least
once every 14 days, except where conditions beyond the control of
the registered collector prevent it.
D.Â
No person other than a registered collector shall
collect or remove municipal waste from any other person's property.
All agreements for collection, transportation, and disposition of
municipal waste other than the collection services provided by the
Township shall be by private contract between the owner or occupant
of the property where the waste is generated and the registered collector
who is to collect such waste.
E.Â
Nothing contained herein shall be deemed to prohibit
any person from collecting or hauling municipal waste on an irregular
and unscheduled basis to any facility permitted by the Commonwealth
of Pennsylvania, Department of Environmental Protection, provided
that such hauling shall be in addition to, and not in place of, the
regular removal of municipal waste as required by this section and
provided that such is not in violation of any county or other municipal
law or regulation.
F.Â
Nothing in this section shall modify the requirements
in this chapter pertaining to separation and preparation of recyclables
or leaf waste. Nothing in this section shall impair the ability of
the Township to provide a system of placement for removal and public
collection of leaf waste, or the Township residents to utilize such
system of public collection of leaf waste, anything herein contained
to the contrary notwithstanding.
G.Â
Wherever requested by the Township, the owner of any
real estate within the Township shall present proof adequate in the
judgment of the Township's designee that the owner of said real estate
has provided for the required collection of municipal waste in accordance
with this section. The owner of the premises shall have 72 hours to
provide proof to Chestnuthill Township's designee that he/she has
either a current contract with a Chestnuthill Township registered
collector and/or waste disposal receipts to provide sufficient evidence
to satisfy the terms and conditions of this chapter.
[Added 4-15-2008 by Ord. No. 2008-03]
A.Â
Any person transporting municipal waste within the
Township shall prevent or remedy any spillage and leakage from vehicles
or containers used in the transport of such municipal waste.
B.Â
All persons authorized to collect municipal waste
shall do so in vehicles that are provided with either closed, covered
containers or which have measures taken to prevent leakage and waste
from being blown or falling from the vehicle.
C.Â
The transfer of waste 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 transfer by the
Township. 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 or provision of statutory
law.
[Amended 3-17-2009 by Ord. No. 2009-03]
The Township is hereby authorized to provide
for collection of municipal waste from Township property, to provide
public litter baskets on sidewalks in the Township, and to dispose
of such waste in either a receptacle of a registered collector or
at designated disposal sites.
Upon direction from the Township, each registered
collector shall furnish to the Township, on a form to be provided
therefor, the name and address of all owners of properties being serviced
by such collector.
Unless otherwise provided for composting, all
persons shall keep leaf waste separate from all other forms of municipal
waste and separate from recyclables. Such waste shall be set out for
collection in a manner to be designated by the collector and shall
be delivered by the collector for processing composting at a facility
operating in accordance with Pennsylvania Department of Environmental
Protection's Regulations and Guidelines for Leaf Composting Facilities.
Nothing herein shall require any person to gather leaf waste or grass
clippings or prevent any person from utilizing leaf waste for compost,
mulch, or other agricultural purposes.
