[Adopted 6-24-1996]
[Amended 10-20-2014]
A.
This article shall be known and may be cited as the "Municipal Recycling
and Waste Reduction Ordinance of Mahoning Township."
B.
It is hereby declared to be the purpose of this article to coordinate
and regulate recycling, and disposal of recyclable material as herein
defined, in order to protect the public safety, health, and welfare
of the people of Mahoning Township, hereinafter also referred to as
the "municipality."
[Amended 9-16-2013; 10-20-2014]
For the purpose of this article, the following words and phrases
shall have the meanings given herein.
Cans comprised of 100% aluminum.
A person, individual, partnership, or corporation or employer
or agent thereof authorized by Mahoning Township to collect solid
waste, including items to be recycled from residential, commercial,
and institutional properties as herein defined under the terms and
conditions of this article. In the event of municipal collection,
this definition shall include the governing body and employees thereof.
Empty food or beverage containers consisting of both steel
and aluminum.
The Mahoning Township Board of Supervisors, the governing
body of Mahoning Township, Montour County, Pennsylvania.
Properties used for industrial or commercial purposes. The
definition shall not include multifamily residential buildings or
that portion of a mixed-use building that is used for single-family
residential purposes.
The mixing of recyclable materials (e.g., glass and metal)
which will later be separated by the recycling facility.
Events sponsored, in whole or in part, by a municipality,
or conducted within the municipality and sponsored privately, which
include, but are not limited to, fairs, bazaars socials, picnics,
and organized sporting events that will be attended by 200 or more
individuals per day.
A collection of individual properties created by the process
of the subdivision of one or more parent tracts that are primarily
serviced by private roads and where the property owners, usually through
a property owners' association, jointly pay for the upkeep and servicing
of amenities. For purposes of this article, the collection of solid
waste shall be considered an amenity. A physical gate is not necessary
for a community to be considered a gated community for purposes of
this article.
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, flat
glass, plate glass, glass commonly known as "window glass," automotive
glass and ceramic and porcelain products.
Include but not limited to aluminum cans, bimetallic cans,
and steel cans.
Empty plastic food and beverage containers, not to exceed
five gallons, the specific types of which may, from time to time,
be designated by resolution of the Township Supervisors.
Those materials specified by the municipality in § 196-18A of this chapter and those specified by the individual collector for separate collection in accordance with recycling regulations.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed 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 employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities.
Properties used as dwellings, including buildings having
multiple dwelling units in one building.
Leaves, garden residues, shrubbery, tree trimmings and similar
maternal. The term shall not include grass clippings.
There is hereby established a program for the
mandatory separation of recyclable materials from municipal waste
by all persons.
[Amended 8-20-2007; 3-18-2013; 10-20-2014]
B.
General requirements:
(1)
Mandatory recyclable materials must be removed from the property
by an authorized collector.
(2)
All materials intended to be recycled must be stored indoors or in
covered, verminproof containers.
(3)
If curbside collection of recyclables is provided, all recyclable
material shall be placed in containers provided by, or approved by,
the authorized collector.
(4)
Prior to being placed out for curbside collection, all recyclable
material must be cleaned of food waste or other material that may
attract vermin. The material to be recycled must be free of other
contaminants (e.g., lids must be off jars) that would prohibit the
material from being properly recycled.
(5)
Unless the authorized collector permits commingling, all recyclable
material must be sorted and segregated by the material type. It shall
be unlawful to dispose of one type of recyclable material in a bin
or collection unit intended for another type of recyclable material
(e.g., disposing of steel in a collection unit intended for glass).
(6)
No solid waste, other than those materials which the facility or
collector specifically recycles, may be disposed of at a recycling
facility.
(7)
All recyclable material disposed of at a recycling facility must
be placed in the authorized containers. It shall be unlawful to leave
recyclable materials on top of, along side of, or near recycling containers,
or outside of a recycling facility building.
C.
Residential collection. In addition to the general requirements,
the following shall apply specifically to residential properties:
(1)
All residential properties must be serviced by an authorized collector
to remove recyclable materials.
(2)
All recyclable materials must be collected on at least one designated
day per month. Weekly collection is to be encouraged.
(3)
All recyclable materials must be placed curbside or at a location
otherwise specified by the authorized collector.
(4)
All recyclable materials must be placed in a container provided by,
or approved by, the authorized collector.
D.
Gated communities/apartment complex collection. In addition to the
general requirements, the following shall apply specifically to gated
communities and apartment complexes utilizing centralized garbage
collection.
(1)
Gated communities and apartment complexes not employing door-to-door
garbage pickup may opt to use the centralized collection of recyclable
materials, subject to the approval of the Board of Supervisors.
(2)
The recycling bins must be placed in the area in which the garbage
collection bins are located.
(4)
All recycling must be removed from the property and taken to an approved
facility by an authorized collector at least once per month.
(5)
The community/apartment complex shall ensure that all materials are
placed in the appropriate bins and that the area of the recycling
bins does not become a dumping ground for refuse and other debris.
E.
Commercial/organizations/institutions/community activities. In addition
to the general requirements, the following shall apply specifically
to properties not used for residential purposes.
(1)
All commercial, industrial, and properties owned by public and private organizations, other than gated communities and apartment complexes as addressed above and community activities as defined herein, shall be required to recycle the materials identified in § 196-18A. In addition to the materials designated by the municipality in § 196-18A of this chapter, commercial properties must also recycle cardboard, office paper, and aluminum cans. The recycling of additional materials is to be encouraged.
(2)
All material to be recycled must be removed by an authorized collector.
For purposes of this section, the property owner may utilize "in house"
collectors, provided that the collector is registered with the municipality
and otherwise complies with this article.
(3)
With approval by the Board of Supervisors, mixed-use properties (those
that are used for both residential and commercial purposes) may address
the recycling of solid waste for the residentially used portion of
the property as residential or as a gated community/apartment complex
as determined appropriate by the Board of Supervisors.
[Amended 10-20-2014]
A.
It shall be unlawful for any person, individual, partnership, or
corporation or employer or agent to collect items to be recycled from
residential, commercial, and institutional properties, as herein defined,
in violation of any part of this chapter.
B.
All parties desiring to collect materials to be recycled as an authorized
collector must register annually with the Township under procedures
established by the Board of Supervisors. There will be no fee for
registration. Failure to register shall be a violation of this chapter.
C.
Authorized collectors shall be required to provide quarterly reports
to the Township documenting the properties they provide service to,
the materials that they collect for recycling, the amount of materials
collected, the location in which the material was disposed and any
other information deemed necessary by the Board of Supervisors. Failing
to report shall be a violation of this chapter. Quarterly reports
required by this section shall be sent to: Mahoning Township Secretary,
1101 Bloom Road, Danville, PA 17821.
D.
Authorized collectors shall notify the Township upon the termination
of recycling services to a customer in order for the Township to ensure
that service is being continued by another authorized collector.
E.
Authorized collectors shall, upon request by the Township, confirm
whether a resident has contracted with the collector to collect his
or her materials to be recycled.
[Amended 10-20-2014[1]]
A.
All residential properties shall use authorized collectors unless
they receive approval from the Board of Supervisors for alternative
arrangements consistent with this article.
B.
Authorized collectors shall provide service to all who desire service
and have paid the required fees.
C.
Authorized collectors shall establish and record a regular collection
schedule. If a collection day falls on a holiday, the collector shall
notify all customers of when collection will be made.
D.
All collection and transportation vehicles shall be constructed of
metal or other impervious materials, able to be enclosed or fitted
with a cover, which will be used to prevent spillage of the contents.
All waste materials dropped on streets or roads shall be immediately
picked up.
E.
All vehicles shall be cleaned at sufficient frequency to prevent
nuisance (odor, health hazard, insect breeding, etc.).
F.
Place of collection.
(1)
Recycling containers shall, for the purpose of collection, be placed
at the curb or street line, at ground level, and be made readily accessible
to the authorized collector.
(2)
Notwithstanding provisions of this article, residential property owners, commercial establishments, or other persons may, by mutual agreement with the collectors, be permitted to place containers at a location on their property other than as specified in Subsection F(1).
(3)
Collections shall be made from all properties throughout Mahoning
Township. This shall include all streets, dedicated or otherwise,
and shall include those streets that are temporarily closed for repairs
or construction. In the latter case, special collection points shall
be designated by the Board of Supervisors if the condition of the
street would prevent access thereto by the collector's truck.
(4)
Collection of yard waste by authorized collectors shall be made at
the curb or street line at ground level and be made readily accessible
to the collector. The collector may require that the materials be
raked loose to the curb.
G.
Frequency of collections.
(1)
Holidays. Solid waste collection shall not be made on the following
holidays: January 1, New Year's Day; Last Monday of May, Memorial
Day; July 4, Independence Day; First Monday of September, Labor Day;
Fourth Thursday of November, Thanksgiving Day; and December 25, Christmas
Day.
(2)
Authorized collectors of material to be recycled must collect such
materials at least once per month.
[Amended 10-20-2014]
A.
All vehicles used for collection of recyclable materials to be recycled
shall be equipped with compacting devices or enclosed cargo space
to store the collected material.
B.
Trucks shall at all times be in good and proper mechanical condition
and in compliance with the minimum safety and sanitary regulations
of the laws of the Commonwealth of Pennsylvania, the County of Montour,
and Mahoning Township.
C.
Vehicles and equipment shall not be overloaded so that recyclable
materials may spill or drop on the highways or streets, nor shall
the equipment be so designed or maintained so as to permit the leakage
of fluids. All trucks shall be regularly cleaned and kept in proper
condition and shall bear the name and address of the contractor plainly
visible on both cab doors.
D.
Each truck shall have at least one broom and shovel to clean up recyclable
materials that may be spilled or otherwise scattered during the process
of collection.
E.
The authorized collector, at his expense, shall store and park the
equipment at a convenient and lawful place. No trucks or equipment
may be parked or stored on any street within Mahoning Township except
during actual collection periods.
[Amended 10-20-2014]
A.
It shall be unlawful for any collector to dump, process, destroy,
bury, or otherwise dispose of recyclable materials within the jurisdictional
limits of the municipality except at facilities approved and permitted
by Mahoning Township, the County of Montour, and the Pennsylvania
Department of Environmental Protection.
B.
All authorized collectors shall dispose of the materials to be recycled
from Mahoning Township at a facility approved and permitted by the
Pennsylvania Department of Environmental Protection.
C.
All disposal regulations at the designated disposal site shall be
adhered to by authorized collectors.
D.
All vehicles used for collection shall use, in so far as practical,
state highways when proceeding to and from the designated disposal
site, except when using roads and streets in those townships or boroughs
where licensed to collect.
[Amended 10-20-2014]
A.
It shall be unlawful for any person to throw, place, or deposit,
or cause or permit to be thrown, placed or deposited, any recyclable
materials in or upon any street, alley, sidewalk, body of water, public
or private property except as provided in this article.
B.
It shall be unlawful to deposit any recyclable materials in any recycling
facility except as provided for in this article.
C.
No authorized collector shall accept, pick up or remove any bag or
other container of solid waste which the authorized collector knows,
or has reason to believe, contains recyclable materials. Upon discovery
of such recyclable materials combined with solid waste placed at curbside
or otherwise placed for pickup, the hauler shall affix a tag or sticker
to the container containing the recyclable material, retain a duplicate
for its records and deliver a triplicate to the Mahoning Township
municipal building within 48 hours. When an authorized collector utilizes
a tag or sticker pursuant to this section, he shall fill in the information
requested thereon, including the address at which the container is
located and the nature of the suspected violation or the reason which
led him to know or believe the container contained recyclable materials.
[Amended 10-20-2014]
A.
Policy. It is the policy of Mahoning Township that, whenever possible,
yard waste is to be recycled back to nature in an environmentally
and sustainable manner. To facilitate this goal, property owners are
encouraged to consider the processing of leaves and other yard waste
in the following manner, listed in the order of preference:
B.
Decomposition of yard waste on site may be employed by allowing leaves,
twigs, grass clippings, etc., to decompose where they lie. Garden
waste may be tilled into the garden. Where yard waste must be removed
(for example, lawn areas) the material may be blown, raked, or otherwise
deposited on more appropriate portions of the property (such as a
wooded area) for natural decomposition. Yard waste may not be relocated
to any area within 60 feet of a lake, stream or other body of water.
C.
Yard waste not allowed to decompose naturally may be disposed of
by on-site composting (compost pile). Compost piles must remain 50
feet from any lake, stream, or body of water and may not be allowed
to become a nuisance by way of odor or as an attraction to vermin.
D.
Yard waste may be removed from the property by the property owner
or a registered collector for off-site composting at an approved commercial
or publicly owned facility that is approved to collect such waste.
Property owners disposing of yard waste through an authorized collector
shall place the yard waste curbside unless other arrangements have
been made individually with the collector.
E.
Gated communities/apartment complexes, with approval by the Board
of Supervisors, may provide for a central collection point or establish
an on-site composting facility. Otherwise, gated communities/apartment
complexes shall implement curbside pickup of yard waste within their
community or complex and arrange for disposal at an off-site composting
facility.
F.
This section shall apply to all properties, including those used
for residential, commercial, industrial, or organizational purposes,
and properties used for community activities as defined by this chapter.
[Amended 10-20-2014]
The collection of recyclable materials in Mahoning Township
and the disposal thereof shall be subject to such further reasonable
rules and regulations as may from time to time be promulgated by the
Board of Supervisors; provided, however, that no such rules and regulations
shall be contrary to the provisions of this chapter or applicable
law.
[Amended 10-20-2014]
This article hereby incorporates the reporting requirements
of the Municipal Waste Planning, Recycling and Waste Reduction Act
of 1988[1] by reference thereto.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Amended 12-23-1996; 12-28-1998; 8-20-2007; 10-18-2010; 11-19-2012; 9-16-2013; 10-20-2014]
A.
All containers, vehicles, equipment, transfer stations, disposal
sites, books and records of authorized, unauthorized or prospective
collectors, storers, processors, and disposers are subject to inspection
at any reasonable hour without prior notice.
B.
Vehicles and equipment of authorized collectors may be subject to
inspection by the municipality before being put into operation and
during operation.
C.
All recyclable disposal facilities within Mahoning Township shall
also be inspected immediately prior to commencement of operation of
the site and at least once per year thereafter in concert with representatives
of the commonwealth.
[Amended 8-20-2007; 10-20-2014]
Prior to the operation of any solid waste storage, transfer,
processing, or disposal facility within Mahoning Township, the applicant
shall be required to present evidence of insurance coverage.
No person shall place a used lead acid battery
in mixed municipal solid waste, discard or otherwise dispose of a
lead acid battery, except by delivery to an automotive battery retailer
or wholesaler, to a secondary lead smelter permitted by the Environmental
Protection Agency, or to a collection or recycling facility authorized
under the laws of the commonwealth.
[Added 10-20-2014]
A.
Any person, firm, corporation or other entity violating any of the
provisions of this article shall, upon conviction, be guilty of a
summary offense and be sentenced to pay a fine of not less than $100
nor more than $1,000 per day for each day of violation. In default
of payment of the fine, such persons or members of firms or corporations
shall be liable to imprisonment for not more than 60 days.
B.
The governing body shall have the right, at any time, to suspend
or revoke the registration of any authorized collector for any of
the following:
(1)
False or misleading statements in the application for registration;
(2)
Collecting or transporting refuse in a careless or negligent manner
resulting in dirt, odor, or any unsanitary condition;
(3)
Failure to deposit solid waste other than yard waste at a Department
of Environmental Protection-approved disposal site in compliance with
all disposal regulations in force at the approved site; and
(4)
A violation of any party of this chapter or any other ordinance of
this municipality, or any state or county laws.
