[Adopted 8-20-1999 by Ord. No. 299; amended
in its entirety 9-10-2018 by Ord.
No. 807]
A.
Short title. This article shall be known as the "Exeter Township
Municipal Solid Waste Recycling Ordinance."
B.
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:
C.
ALUMINUM CANS
AUTHORIZED COLLECTOR
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONDOMINIUM ASSOCIATIONS
CONSTRUCTION AND DEMOLITION WASTE
CORRUGATED CARDBOARD
DWELLING UNIT
EXCLUSIVE CONTRACT
GLASS
HAULER
HOMEOWNER ASSOCIATIONS
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
MULTIFAMILY ESTABLISHMENT
MUNICIPAL WASTE
NEWSPAPER
PERSON
PLASTIC BOTTLES
RECYCLABLES/RECYCLABLE MATERIALS
RECYCLING
RESIDENTIAL MUNICIPAL WASTE
RESIDENTIAL UNIT
RESIDUAL WASTE
SOLID WASTE
STEEL CANS
TOWNSHIP
YARD WASTE
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 subsection:
Clean, nonaerosol and empty all-aluminum beverage and food
containers.
Person, firm, or corporation registered with the Township
of Exeter to handle municipal waste and recyclables in accordance
with the provisions of this article.
Items of solid waste which due to their size, shape, or weight
can not 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.
Any establishment engaged in a nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, and theaters.
Any association organized under Section 3301 of the Uniform
Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
[Added 8-23-2021 by Ord.
No. 842]
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.
Paper boxes constructed in a corrugated manner and used as
containers for business and consumer applications.
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.
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 State of Pennsylvania.
Any association organized under Section 5301 of the Uniformed
Planned Community Act, 68 Pa.C.S.A. § 5101 et seq.
[Added 8-23-2021 by Ord.
No. 842]
Any establishment engaging in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, and refineries.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
Rental housing apartment buildings or apartment complexes
which have two or more dwelling units, and condominium associations
and homeowner 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.
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[2]).
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.
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, or for household cleaning products,
or for personal care products.
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.
Municipal solid waste, as herein defined, that is generated
at a dwelling unit.
See "dwelling unit."
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.[3] 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.[4]
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).[5]
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.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery and other vegetative material.
A.
General. It shall be the duty of every owner of property and every
person occupying a dwelling unit, premises, 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 ensure the sanitary
and legal disposal of such waste in accordance with this article and
all other Township, state, and federal applicable laws and regulations.
B.
Storage on residential property.
(1)
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, watertight, and made of rust-resistant metal or plastic. The size of each container shall not exceed 35-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.
(2)
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.
C.
Storage on commercial, institutional and industrial properties.
(1)
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.
(2)
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.
D.
Authorized collectors. It shall be unlawful for any person or corporation
other than persons or corporations registered with the Township or
licensed by the State 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.
E.
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.
F.
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. The Township reserves the right
to make inspections of authorized collectors to ensure 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.
G.
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.
H.
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 periods
of time if necessary until the next scheduled collection for such
items or for the purpose of composting 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, or a legitimate salvage
dealer that is in the business of disposing or recycling such items.
I.
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.
J.
Exclusions.
(1)
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.
(2)
Nothing contained herein shall prohibit a farmer from carrying out
normal farming operations, including composting, or spreading of manure
or other farm-produced agricultural waste, not otherwise prohibited
or regulated for land application.
(3)
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[1] and its amendments. All hazardous or residual waste must
be disposed of in compliance with applicable state and federal laws
and regulations.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
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.
B.
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.
C.
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 ensure 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.
A.
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,[1] does hereby authorize and encourage collection, processing,
storage, transportation, and recycling materials in accordance with
the provisions of this article.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B.
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.
C.
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, including apartment buildings, apartment complexes, condominium associations, and homeowner associations, and by commercial, institutional, and industrial establishments. Commercial, institutional, apartment complexes, condominium associations, homeowner associations, 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, condominium associations, homeowner associations, and industrial establishments shall be required to conduct their own recycling program as described in Subsection G below.
[Amended 8-23-2021 by Ord. No. 842]
D.
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, billed, and collected in the same manner as specified above.
F.
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.
G.
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 or the agent of such owner and/or landlord of multifamily rental housing properties, condominium associations, and homeowner associations with centralized bulk (dumpster-type) containers shall comply with the requirements of this article by filing with the Township and receiving approval by the Township 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, condominium associations, and homeowner associations not included in the collection system of the municipality shall file with the Township and have approved by the Township 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.
[Amended 8-23-2021 by Ord. No. 842]
H.
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.
I.
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.
J.
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.
K.
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.
L.
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 comingled with other solid waste not required to be recycled or to dispose of such items in other places that will not ensure 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.
A.
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.
B.
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 or such
action to be charged to the owner or occupant of the property in a
manner provided by law.
