[Adopted 8-20-1999 by Ord. No. 299; amended in its entirety 6-12-2006 by Ord. No. 625]
Short title. This article shall be known as the "Exeter Township Municipal Solid Waste Recycling Ordinance."
Purpose. The purpose of this article is to provide for the health, safety and welfare of the residents of the Township of Exeter by regulating the collection, storage, transportation, removal, dumping, deposit, disposal, and recycling of solid waste by:
Definitions. The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
- ALUMINUM CANS
- Clean, nonaerosol and empty all-aluminum beverage and food containers.
- AUTHORIZED COLLECTOR
- Person, firm, or corporation registered with the Township of Exeter to handle municipal waste and recyclables in accordance with the provisions of this article.
- BULKY WASTE
- Items of solid waste which due to their size, shape, or weight cannot be collected as a part of the normal weekly municipal waste collection and, therefore, require special handling. For example, large household appliances such as stoves and refrigerators, plumbing fixtures, furniture, large crates, tires, tools, machinery or parts thereof, and similar items in size shall be considered bulky waste.
- COMMERCIAL ESTABLISHMENTS
- Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, and theaters.
- CONSTRUCTION AND DEMOLITION WASTE
- Lumber, roofing material, sheathing, rubble, broken concrete, macadam, plastic and brick, conduit, pipe, insulation, and other material that result from a construction, demolition, or remodeling process.
- CORRUGATED CARDBOARD
- Paper boxes constructed in a corrugated manner and used as containers for business and consumer applications.
- DWELLING UNIT
- Any room or group of rooms located within a building and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, and eating by one family.
- EXCLUSIVE CONTRACT
- An agreement entered into by the Township of Exeter with a private person or corporation for the collection and disposal of all municipal waste and/or recyclables within the Township of Exeter to the extent provided by this article and the agreement.
- Plain, uncolored; or colored glass bottles and jars. Expressly excluded from this definition of "glass" are blue glass, lead crystal, porcelain, ceramic products, and tempered or plate glass.
- Any person appropriately licensed by the Commonwealth of Pennsylvania.
- INDUSTRIAL ESTABLISHMENTS
- Any establishment engaging in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, and refineries.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged in service to persons, including, but not limited to, hospitals, nursing homes, orphanages, schools, and universities.
- MULTIFAMILY ESTABLISHMENTS
- Rental housing apartment buildings or apartment complexes which have two or more dwelling units and condominium associations and homeowners' associations of two or more dwelling units which are established and organized in such a manner that the association provides common services for the residents of the housing development. This definition shall also include apartment buildings and apartment complexes owned and operated by institutional establishments if the institutional establishment charges a rental fee for the dwelling units.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and any other material including solid waste, liquid, semisolid, or contained gaseous material resulting from the operation of residential, municipal, commercial, or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facilities (Pennsylvania Act 101, Section 103).
- Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and matters of public interest, excluding magazines.
- Any individual, person, owner or motor carrier, partnership, corporation, association, institution, cooperative enterprise, 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.
- PLASTIC BOTTLES
- Empty and clean consumer product containers made of polyethylene terephthalate (PET), polypropylene (PP), high-density polyethylene (HDPE), and low-density polyethylene (LDPE) most commonly, but not limited to, plastic bottles used as containers for soda, milk, and other consumer food products, for household cleaning products, or for personal care products.
- RECYCLABLES/RECYCLABLE MATERIALS
- Those materials specified by the Township of Exeter for separation, collection, processing, recovery, or reuse as part of a recycling program.
- The program or system of separation, collection, processing, recovery, or reuse of recyclables.
- RESIDENTIAL MUNICIPAL WASTE
- Municipal solid waste, as herein defined, that is generated at a dwelling unit.
- RESIDENTIAL UNIT
- See "dwelling unit."
- RESIDUAL WASTE
- Any garbage, refuse, other discarded material, or other waste, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining, and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term shall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act." The term shall not include treatment sludge from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."
- SOLID WASTE
- Any waste, including, but not limited to, municipal, residual or hazardous waste, including solid, liquid, semisolid, or contains gaseous materials (Pennsylvania Solid Waste Management Act 97, Section 103).
- STEEL CANS
- Clean, nonaerosol, and empty all-steel (ferrous metal) or bimetal beverage and food containers.
- The government jurisdiction and legal entity of the Township of Exeter, Berks County, Pennsylvania.
General. It shall be the duty of every owner of property and every person occupying a dwelling unit, premise, or place of business within the Township where municipal waste is generated and accumulated, by his/her own expense and cost, except as otherwise specified in this article, to provide and keep at all times a sufficient number of containers to hold all municipal waste accumulated between intervals of collection of such waste by an authorized collector and to insure the sanitary and legal disposal of such waste in accordance with this article and all other Township, state, and federal applicable laws and regulations.
Storage on residential property.
Containers. All municipal waste accumulated by owners of residential property and/or the occupants of residential properties shall be placed in containers for collection by a licensed collector. The containers shall be durable and watertight and made of rust-resistant metal or plastic. The size of each container shall not exceed a thirty-five-gallon capacity unless bulk (dumpster type) containers are used. Containers for curbside recyclables will be as specified by the Township or as provided by the Township directly or through exclusive contract for collection of recyclables. Use of bulk containers at multifamily establishments shall comply with the provisions of Subsection C(1) below.
Location of containers. Each municipal waste container and curbside recyclable container shall be placed for collection so as to be accessible to the collector at ground level and at a point immediately behind the curbline of the street, within no more than 10 feet of the cartway of the street or alley from which the collection with a vehicle is made if there is no curbing, or at a location mutually agreeable between the resident, the Township, and the collector. The Township shall specify location for collection of uncontainerized recyclable material. Containers shall not be located within the cartway at any time. Location of bulk containers at multifamily establishments shall be in accordance with Subsection C(2) below.
Storage on commercial, institutional and industrial properties.
Containers. Storage of municipal waste on commercial, institutional and industrial properties shall be done in the same type of containers as required for residential properties except where the accumulation of solid waste for such commercial, institutional or industrial property precludes their use, in which case such owner or occupant shall make special arrangements with the authorized collector for the storing of such additional quantities. Special arrangements shall include the number and type of special bulk container(s) to be furnished by the collector as may be approved by the Township.
Location of containers. Containers for the collection at commercial, institutional or industrial properties shall be located on the owner's or occupant's premises at a place agreed upon by the owner or occupant of the commercial, institutional or industrial property and the registered collector and shall not be unsatisfactory to the Township. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways, alleys, or entrances and exits of public or private buildings.
Removal by registered haulers. Every owner of property in Exeter Township shall contract with an individual, entity or firm which is a licensed, registered hauler by Exeter Township and the Commonwealth of Pennsylvania to have all municipal waste generated on the premises by any of the occupants of the premises removed and deposited at a Commonwealth of Pennsylvania designated disposal facility on a weekly basis or more often.
[Added 12-22-2008 by Ord. No. 671]
Proof of contract required. Whenever requested by Exeter Township, the property owner shall present proof adequate in the judgment of the Township designee that said person has a current contract with a licensed hauler to dispose of municipal waste generated on the premises on a weekly basis or more often. The property owner of the premises shall have 72 hours from the request to provide proof to the Township designee that he/she has a current contract with a licensed hauler to provide sufficient service to satisfy the terms and conditions of this article.
[Added 12-22-2008 by Ord. No. 671]
Opt out. A property owner may decide to transport his or her own municipal waste to a Commonwealth of Pennsylvania designated facility on a weekly basis or more often. Should a property owner decide to opt out under this subsection, the property owner shall retain proof/documentation from the Commonwealth of Pennsylvania designated disposal facility showing that property owner has made at least once weekly deposits of municipal waste. The required documentation shall be retained for at least two years.
[Added 12-22-2008 by Ord. No. 671]
Duties of licensed haulers. Any hauler picking up municipal waste in Exeter Township shall be required to advise the Township in writing within 72 hours after request from the Township as to whether an owner has a current contract for municipal waste disposal from his/her premises within Exeter Township. Furthermore, all licensed haulers shall cooperate with the Township designee in providing information in the event that an action is instituted to enforce the terms and conditions of this article.
[Added 12-22-2008 by Ord. No. 671]
Authorized collectors. It shall be unlawful for any person or corporation, other than persons or corporations registered with the Township or licensed by the Commonwealth of Pennsylvania, to collect and/or transport solid waste of any nature as a regular hauling business within or from the Township. If the Township decides to enter into an exclusive contract for the collection of residential municipal waste in the Township, said contractor shall be required to collect municipal waste in the Township exclusive of other private haulers and collectors subject to exceptions to the exclusive Township contract.
Transportation of solid waste. Any person transporting solid waste within the Township shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste. The vehicles used to transport or convey solid waste shall be leakproof and enclosed to the extent necessary to ensure no loss or spilling of waste from the vehicles. Pickup trucks shall not be permitted to transport solid waste under any circumstance. The Township shall have the authority to inspect the vehicles used for the transport of solid waste, as it deems necessary. A sticker for each registered vehicle shall be provided by the Township and displayed on both sides of the vehicle. The name and/or company logo of the owner of the vehicle shall also be displayed on both sides of the vehicle.
Disposal of municipal waste. All municipal waste produced, collected, and transported from within the jurisdictional limits of the Township shall be disposed of at a landfill or other disposal facility licensed or permitted by the Commonwealth of Pennsylvania Department of Environmental Protection or other state government. However, the Township reserves the right to designate a state permitted facility of its choice and require that all municipal waste generated in the Township be disposed of at this designated facility. If the Township designates a disposal facility as provided for above, all authorized collectors or collectors operating under contract with the Township for collection of municipal waste shall be informed by the Township of the location, regulations and other information pertaining to the designated disposal facility. The Township reserves the right to make inspections of authorized collectors to insure that waste generated-within the Township is being disposed of in an authorized or designated facility and to limit the use of a designated facility only to waste generated within the Township. Any authorized collector found to be in violation of this section shall be prohibited from collecting or hauling municipal waste in the Township.
Unlawful deposition of municipal waste. It shall be unlawful for any person to deposit for collection any solid waste, including bulky items not generated at the address from which collection is made or to bring any solid waste into the Township or from one address to another in the Township for the purpose of taking advantage of the collection service or to avoid the cost of collection.
Bulky waste. Bulky waste which is not collected by the normal or weekly residential collection shall not be stored outside of a building or accessory building on any land in the Township, except for a period not exceeding 14 days pending the special handling for disposal of the bulky waste. However, brush, tree trimmings, yard clippings, leaves, grass, or other waste from live plants may be stored for longer period of time if necessary until the next scheduled collection for such items or for the purpose of composting or burning such materials in accordance with the Township ordinances, unless such storage violates other ordinances or regulations of the Township. It shall be unlawful for any person to place bulky waste on any property other than on the property at which it was generated or directly associated with. Bulky waste shall be disposed of at a state permitted or licensed disposal facility, a facility especially designated by the Township to take such bulky items or a legitimate salvage dealer that is in the business of disposing or recycling such items.
Construction and demolition waste. All waste materials resulting from the building, structural alteration, repair, construction, or demolition of buildings or structures shall be disposed of as permitted by the regulations of the State Department of Environmental Protection or by pertinent ordinances or regulations of the Township. It shall be the responsibility of the property owner to ensure the disposal of such waste in accordance with applicable laws and regulations.
Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal waste from hauling his own municipal waste on an irregular or unscheduled basis to a state permitted disposal facility or to the disposal facility as designated by the Township in accordance with the regulations of the disposal facility.
Nothing contained herein shall prohibit a farmer from carrying out normal farming operations, including composting or the spreading of manure or other farm-produced agricultural waste, not otherwise prohibited or regulated for land application.
The provisions of this article do not apply to anything but the storage, collection, transportation, and disposal of municipal waste and do not apply; therefore, to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act and its amendments. All hazardous or residual waste must be disposed of in compliance with applicable state and federal laws and regulations.
General. It shall be the duty and responsibility of every owner of property and every person occupying a dwelling unit, premises or place of business within the Township where municipal waste is produced and accumulated to pay a service fee for the collection and disposal of this waste, except as otherwise provided by this article, to a registered hauler or to the Township.
Charges to registered hauler. Service fees for registered haulers shall be negotiable between the haulers and resident unless the Township enters into an exclusive contract for services.
Charges to be established by resolution. All service fees established under an exclusive contract for the collection of waste by the Township shall be established by a resolution of the Township Board of Supervisors. Service charges so established shall be reviewed at least annually and adjusted as necessary to insure that all costs involved in the collection and disposal of municipal waste under the exclusive contract, including the administrative costs of the Township, are covered by the service charge.
Introduction. The Township, recognizing the reclaiming of recyclable materials is an important method for addressing the growing solid waste disposal problem through conserving landfill space and that recycling conserves natural resources, reduces energy consumption and promotes the general interest, and to be in compliance with Pennsylvania Act 101, 1988, does hereby authorize and encourage collection, processing, storage, transportation, and recycling materials in accordance with the provisions of this article.
General. Recyclables separated for the purpose of materials recovery rather than disposal and collected by the Township or its designated agent or contractor shall not be considered solid waste as defined under this article and shall not be subject to the provisions of this article which requires the disposal of waste at designated facilities unless such recyclables become unmarketable.
Establishment of program. The Township hereby establishes a program for the mandatory separation of recyclables from solid waste by persons residing in single-family dwellings and multifamily establishments and by commercial, institutional and industrial establishments. Commercial, institutional, apartment complexes, and industrial establishments which utilize centralized collection (dumpster-type) containers shall not be part of the municipal waste recycling program developed by the Township. These commercial, institutional, apartment complexes, and industrial establishments shall be required to conduct their own recycling program as described in Subsection G below.
Billing and payment.
It shall be the Township's responsibility to bill each residential unit in the Township on an annual basis the amount bid by the contractor. The Township may add a surcharge to the unit charge to cover the Township's administrative cost for managing the curbside recycling collection program and to cover any cost related to additional recycling services provided by the Township.
An additional charge, as bid by the contractor for special back door pickup for hardship cases, shall be added to the annual bill for the appropriate resident and billed and collected in the same manner as specified above.
Items to be recycled.
Exclusions. Newspapers that are used for secondary purposes such as wrapping other waste or for cleaning which renders them unusable for recycling shall not be required to be recycled.
Plan to be filed and approved by the Township. Commercial, institutional and industrial establishments conducting their own recycling program, not in conjunction with an agent of the Township for the collection of municipal waste and recyclables, shall file with the Township and have approved by the Township individual recycling programs which provide for, at minimum, the recycling of items listed in Subsection E(2) above. All persons owning, leasing, operating, managing, and/or otherwise controlling commercial, municipal, or institutional establishments, or community activities, shall collect the recyclables and arrange for the removal of such materials to a center for recyclable materials. Annual reports, in writing, of the number of tons of such material recycled shall be made to the Township by the 15th day of January of the following year. The owner and/or landlord of the agent of such owner and/or landlord of multifamily rental housing properties with centralized bulk (dumpster-type) containers shall comply with the requirements of this article by establishing a collection system for the recyclable materials listed in Subsection E(1) above at each such property. The collection system must include suitable containers for the collection and sorting of said recyclable materials; easily accessible locations for the containers, and written instructions to the occupants concerning the use of said collection system. The owner and/or landlord or the agent of such owner and/or landlord of multifamily rental housing properties not included in the collection system of the municipality shall establish a system for the collection of the aforelisted recyclable materials and arrange for the removal of such materials to a center for recyclable materials. Annual reports, in writing, of the number of tons of such material recycled shall be made to the Township by the 15th day of January of the following year.
Establishment of regulations. The Township or its authorized agent shall establish and promulgate regulations on the manner, days, and time of collection of recyclable materials and for the bundling, handling, location, and time of placement of such materials for collection. Regulations shall be promulgated for each of the programs undertaken, including, but not limited to, the residential, multifamily, and commercial sources of recyclable materials.
Separation of recyclables and placement of disposition. Recyclable materials shall be placed behind the curb or other designated area, separated from solid waste, for collection or taken to dropoff sites at such time, date, manner, and places as may be established or authorized by the Township.
Collection by unauthorized person(s). From the time of placement of recyclable items at the curb or designated location or at a dropoff center as designated or authorized by the Township, the recyclable items shall become the property of the Township or its authorized agent or contractor. It shall be a violation of this article for any person unauthorized by the Township to collect, pick up or cause to be collected or picked up any such items. Any and each collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereafter provided.
Recycling vehicles. Vehicles used for the collection of recyclables from residential units shall be of a size and type that can be operated on the streets and alleys of the Township without getting off of the traveled portion of the roadway or doing damage to curbing, planted areas, or private property. Vehicles shall be designed to prevent loss of materials during collection or transport and shall be watertight. All vehicles used in the collection or transport of recyclables shall have noise-muffling devices which limit the noise of the vehicle to the current required manufacturer's standard. Any vehicle used in the collection and transport of recyclables from Exeter Township shall be subject to an annual registration program administered by the Township. Upon inspection and approval of vehicles, the Township shall issue a sticker, which shall be displayed on each side of the vehicle. Each vehicle shall also have displayed on both sides the name or company logo of its owner.
Unlawful disposal of recyclables. Upon and after the effective date of this article, it shall be unlawful for any person or persons to dispose of any recyclable item as established in Subsection E above commingled with other solid waste not required to be recycled or to dispose of such items in other places that will not insure that items are recycled unless the material is so contaminated that it is unacceptable for recycling.
Any person or hauler storing, handling, collecting, transporting or disposing of solid waste and/or recyclable materials shall operate within the boundaries of the Township of Exeter only between the hours of 7:00 a.m. and 6:00 p.m.
Penalties. Any person violating any provisions of this article shall, upon conviction by a District Magistrate, be subject to a fine of not less than $100 nor more than $1,000, together with the cost of prosecution, or imprisonment in the Berks County Jail for a period of not more than 30 days. Every violator of the provisions of this article shall be deemed guilty of a separate offense each and every day such violation continues and shall be subject to the penalty imposed by this section for each and every separate offense.
Other remedies. In addition to the foregoing penalty, the Township may require the owner or occupant of a property to remove any accumulation of solid waste, and should said person fail to remove such solid waste after five days following written notice, the Township may cause the solid waste to be collected and disposed of, with the cost of such action to be charged to the owner or occupant of the property in a manner provided by law.