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:
Require solid waste reduction and recycling as a means of managing municipal waste and conserving resources and energy.
Protect the public health, safety and welfare from the short- and long-term dangers of collection, transportation, processing and storage of solid waste.
Utilize, wherever feasible, the capabilities of private enterprise in accomplishing the desired objectives of an effective, comprehensive solid waste management program.
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.
Recycle at least 25% of all solid waste and source-separated recyclable materials generated in the township on and after January 1, 1997.
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.
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.
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:
- AUTHORIZED COLLECTOR
- 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.
- BULKY WASTE
- 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.
- COMMERCIAL PROPERTIES
- 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.
- DESIGNATED DISPOSAL SITE
- A site specified by the DCISWA.
- DWELLING UNIT
- 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]
- INSTITUTIONAL ESTABLISHMENT
- 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.
- MUNICIPAL ESTABLISHMENT
- Public facilities operated by the township or other governmental authorities.
- MUNICIPAL SOLID WASTE (hereinafter referred to as "solid waste")
- 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.
- RECYCLABLE MATERIALS
- 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.
- SANITARY LANDFILL
- 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]
- SOLID WASTE MANAGEMENT
- 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]
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
- West Hanover Township.
- YARD WASTE
- 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.
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.
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]
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.
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.
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.
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):
Aluminum food and beverage containers.
Glass food and beverage containers: brown, clear, or green.
Ferrous (steel) cans.
PET plastic containers with the symbol No. 1: with screw tops only, without caps.
HDPE natural plastic containers with the symbol No. 2: narrow-neck containers only (milk and water bottles).
HDPE pigmented plastic containers with the symbol No. 2: narrow-neck containers only, without caps (detergent, shampoo bottles, etc.).
Plastics with symbols Nos. 3, 4, 5, 6 and 7: narrow and screw top containers.
Old corrugated cardboard.
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.
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.