This chapter is enacted pursuant to the Municipal
Waste Planning, Recycling and Waste Reduction Act, Act of July 28,
1988 (P.L. 556, No. 101), 53 P.S. § 4000.101 et seq.
The purposes and goals of this chapter are to:
A.Â
Require solid waste reduction and recycling as a means
of managing municipal waste and conserving resources and energy.
B.Â
Protect the public health, safety and welfare from
the short- and long-term dangers of collection, transportation, processing
and storage of solid waste.
C.Â
Utilize, wherever feasible, the capabilities of private
enterprise in accomplishing the desired objectives of an effective,
comprehensive solid waste management program.
D.Â
Establish and implement within the township a recycling
program to return valuable materials to productive use to conserve
energy and to protect capacity at waste processing and disposal facilities.
E.Â
Recycle at least 25% of all solid waste and source-separated
recyclable materials generated in the township on and after January
1, 1997.
F.Â
Reduce the weight or volume of solid waste generated
per capita in the township on January 1, 1997, to a weight or volume
less than that generated per capita on the effective date of this
chapter.
G.Â
Educate each person living or working in the township
of the economic, environmental and energy benefits of recycling and
waste reduction, and encourage, through a variety of means, participation
in such activities.
H.Â
Promote the procurement and use of products and materials
with recycled content and materials that are recyclable by the township
to the greatest extent practicable.
As used in this chapter, the following terms
shall have the meanings indicated:
A person, individual, partnership or corporation or employer
or agent thereof authorized by contract with the municipality to collect
solid waste from residential, commercial and institutional properties
as herein defined.
Items of refuse, including but not limited to appliances,
large auto parts and furniture, which require collection in other
than conventional compactor refuse collection vehicles.
All properties used for industrial, commercial, business
or office purposes, and all multifamily structures having four or
more dwelling units, provided that such dwelling units are not individually
owned.
The Commonwealth of Pennsylvania.
The Dauphin County Intermunicipal Solid Waste Authority,
which has responsibility for municipal solid waste management in Dauphin
County, Pennsylvania.
A site specified by the DCISWA.
A single unit providing complete independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
[Amended 9-2-2008 by Ord. No. 2008-04]
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, child day-care centers,
libraries, churches and nonprofit associations.
Public facilities operated by the township or other governmental
authorities.
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, semisolid or contained gaseous material
resulting from operation of residential, municipal, commercial or
institutional establishments and from community activities.
The Pennsylvania Department of Environmental Protection.
Any individual, firm, partnership, cooperation, cooperative
enterprise, trust, federal institution or agency, state institution
or agency, municipality, other governmental agency or any other entity
or any group of such persons which is recognized by law and is subject
to rights and duties.
Those materials specified by the township for separate collection
in accordance with recycling regulations. Such materials may include
but not be limited to aluminum products, ferrous containers, bimetal
containers, glass containers, newspapers, magazines and periodicals,
office paper, plastic containers and yard wastes.
[Amended 9-2-2008 by Ord. No. 2008-04]
The separation, collection, processing and marketing or reuse
of recyclable materials.
The Municipal Solid Waste Regulations developed and adopted
by the township, DCISWA and PaDEP to govern the storage, collection
and disposal of solid waste; and the collection, transportation and
marketing of recyclables.
An occupied single or multifamily dwelling having up to three
dwelling units per structure, or each unit in a multifamily structure
if the dwelling units are individually owned with separate entrances.
A PaDEP approved facility for disposing of refuse on land
without creating nuisances or hazards to the public health or safety.
This is done by confining refuse to the smallest practical volume,
and covering it with a layer of earth at the conclusion of each day's
operation or at such more frequent intervals as may be necessary.
[Amended 9-2-2008 by Ord. No. 2008-04]
The purposeful systematic control of the storage, collection,
transportation, processing and disposal of solid waste, and recycling
of recyclable materials.
[Amended 9-2-2008 by Ord. No. 2008-04]
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
West Hanover Township.
Grass clippings, leaves, garden residues, shrubbery and tree
trimmings and similar material.
There is hereby established a program for the
mandatory source-separation of recyclable materials from solid waste
by persons located in the township.
A.Â
Residents of each dwelling unit, or multifamily housing
of less than four units, are hereby required to separate all recyclable
materials as specified by regulation from other solid waste generated
at their homes, apartments and other residential establishments and
to store such materials in compliance with the township codified ordinances
until collection.
B.Â
Recyclable materials from residential dwelling units
shall be placed at the curb or other similar area, separated from
solid waste; for collection at such times and dates as may be established
by regulation. Such regulations shall schedule a minimum of one day
per week for pickup of recyclables from township dwelling units.
[Amended 9-2-2008 by Ord. No. 2008-04]
A.Â
Commercial properties, multifamily housing of four
or more units, institutional, industrial and municipal establishments
are hereby required to separate all recyclable materials as specified
by regulation and to store such material in compliance with the Township
codified ordinances until collection from a bona fide and authorized
collection service. A minimum schedule of one day biweekly for pickup
of recyclables from commercial properties and institutional establishments
is recommended. During periodic inspections to determine compliance
with the provisions of this chapter, commercial properties, multifamily
housing of four or more units, institutional, industrial and municipal
establishments will be asked to provide evidence of their recycling
service and program, including agreements with waste haulers outlining
the means to which recyclables are entering the recycling stream and/or
any Township designated recyclables processing facility.
B.Â
The owner, landlord or agent of an owner or landlord
of multifamily rental housing properties with four or more units shall
comply with its responsibilities under this section by establishing
a collection system for recyclable materials at each property. The
collection system must include suitable containers for collecting
and sorting materials, easily accessible locations for the containers
and written instructions to the occupants concerning the use and availability
of the collection system. Owners, landlords and agents of owners or
landlords who comply with this chapter shall not be liable for noncompliance
of occupants of their buildings.
C.Â
The owner, landlord or agent of an owner or persons
occupying commercial (including multifamily rental housing properties
with four or more units), institutional, industrial and municipal
establishments within the Township municipal boundaries, not part
of the Township curbside recycling program and otherwise providing
for the recycling of materials that are required by this chapter to
recycle, must provide, annually, written documentation to the Township
of the total number of tons recycled or estimated to have been recycled.
This responsibility may be passed on to the authorized collector collecting
the recyclables for the owner, landlord or agent of an owner or person
occupying commercial, institutional, industrial and municipal establishments.
D.Â
Recyclable materials collected. The following recyclable
materials shall be collected at all commercial, industrial, institutional,
and municipal establishments (including small business establishments
and multifamily rental housing properties with four or more units):
(1)Â
Acceptable recyclables.
(a)Â
Aluminum food and beverage containers.
(b)Â
Glass food and beverage containers: brown, clear,
or green.
(c)Â
Ferrous (steel) cans.
(d)Â
PET plastic containers with the symbol No. 1:
with screw tops only, without caps.
(e)Â
HDPE natural plastic containers with the symbol
No. 2: narrow-neck containers only (milk and water bottles).
(f)Â
HDPE pigmented plastic containers with the symbol
No. 2: narrow-neck containers only, without caps (detergent, shampoo
bottles, etc.).
(g)Â
Plastics with symbols Nos. 3, 4, 5, 6 and 7:
narrow and screw top containers.
(h)Â
Newsprint.
(i)Â
Old corrugated cardboard.
(j)Â
Magazines.
(k)Â
Catalogs.
(l)Â
Cereal boxes.
(m)Â
Telephone books.
(n)Â
Printer paper.
(o)Â
Copier paper.
(p)Â
Mail.
(q)Â
All other office paper without wax liners.
All owners of dwelling units in the township
who gather yard waste shall source-separate said waste and place it
for collection at one of the township's designated yard waste dropoff
points unless those owners have otherwise provided for the disposal
of yard waste by means of composting, or by means of burning where
permitted by ordinance.
The township may enter into a contract with
public or private agencies for the curbside collection of all or part
of the recyclable materials within its municipal boundaries.
From the time of placement of recyclable materials
at the curb or a similar area for collection in accordance with this
chapter, those materials shall be and become the property of the township
and the authorized collector. It shall be a violation of this chapter
for any person(s) not authorized by the township to collect or pick
up or cause to be collected or picked up any such recyclable material.
Any and each such collection in violation hereof from one or more
locations shall constitute a separate and distinct offense punishable
as hereinafter provided.
The township shall establish a comprehensive
and sustained public information and education program concerning
recycling program features and requirements as required by the Municipal
Waste Planning, Recycling and Waste Reduction Act.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
The Township Manager or his or her designee
is authorized and directed to enforce this chapter. The Township Manager
is also hereby authorized and directed to establish and promulgate
reasonable regulations as to manner, materials, days and times for
the collection of recyclable materials and any other matters required
to implement this chapter in accordance herewith.
Any person violating sections of this chapter or any regulations thereof shall, upon conviction before a District Justice, be fined not more than $50 for the first offense, not more than $100 for the second offense and not more than $500 for the third or subsequent offense. Any person violating § 165-8 of this chapter or any regulation thereof shall, upon conviction before a District Justice, be fined not more than $1,000.
