[HISTORY: Adopted by the Board of Supervisors of the Township of Girard as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-8-1992]
The previous recitals are incorporated herein.[1]
[1]
Editor's Note: Said recitals provided as follows:
WHEREAS, The Township Code authorizes the Township of Girard to regulate or prohibit the dumping or otherwise depositing of ashes, garbage, rubbish and other refuse materials within the Township, including prohibiting the accumulation of ashes, garbage, rubbish and other refuse materials upon private property and permitting the imposition and collection of reasonable fees and charges for collection, removal and disposal of said materials and which provisions of the Township Code would also authorize the Township to provide by contract for the collection, removal and disposal of ashes, garbage, rubbish and other refuse materials and to prescribe penalties for the enforcement thereof; and
WHEREAS, the Municipal Waste Planning, Recycling and Waste Reduction Act, the Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et. seq., permits a municipality to contract with any person to carry out municipal duties for the recycling, transportation, collection and storage of municipal waste and commingled recyclable material; and
WHEREAS, it is the general intent and purpose of the Township of Girard to provide a comprehensive municipal waste, commingled on a voluntary basis, recyclable material, and leaf waste collection system whereby a successful bidder "contract hauler" will be given the exclusive franchise to collect and dispose of all municipal waste, commingled on a voluntary basis, recyclable materials and leaf waste from all residential units other than those deemed a commercial pickup, and to require all residential units other than commercial pickups to retain the services of the contractor designated by the Township of Girard with every residential unit and the Township of Girard to be required to pay an established monthly fee as determined by the Township of Girard in their award to the contractor hauler; and
WHEREAS, the Municipal Waste Planning, Recycling and Waste Reduction Act provides that a municipality commingled and collection program may establish a scheduled day, at least once a month, during which materials to be recycled may be placed at curbside for collection; and
WHEREAS, The Township of Girard has determined to require the contract hauler to pick up municipal waste, materials selected for recycling, rubbish and garbage on a weekly basis with leaf waste to be collected by the contract hauler on a basis determined by the Township of Girard with the recommendation of the contract hauler; and
WHEREAS, the Municipal Waste Planning, Recycling and Waste Reduction Act authorizes a municipality to establish responsibilities of persons within the municipality in reference to disposal of municipal waste, recyclable material and leaf waste and to establish provisions to insure compliance with the ordinance, including incentives penalties; and
WHEREAS, The Township of Girard has determined to impose fines and penalties for violation of the ordinance.
For the purpose of this article, the following terms shall have the meanings indicated, to wit:
ASHES
Includes coal ashes, coke ashes, wood ashes and ashes resulting from other fuels used for cooking and heating purposes. Ashes under this article are municipal waste.
COMMERCIAL ESTABLISHMENT
The place at which any business within the limits of the Township of Girard is conducted by any person, as herein defined, which in the operation of said business has or accumulates municipal waste, garbage, ashes or rubbish, in and about its places of business, or elsewhere. Four or more residential or family units contained within one structure may, at the option of the owner, be deemed commercial (commercial pickup) for the purpose of this article. Likewise, a mobile home park, at the option of the owner, may be deemed a commercial pickup.
COMMINGLED RECYCLABLE MATERIAL
Recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).
FAMILY
An individual, or two or more persons related by blood, marriage, adoption or foster child care, including domestic servants or gratuitous guests thereof; or a group of not more than four unrelated persons living together without supervision in a dwelling unit; or any number of persons protected by the provisions of the Fair Housing Act (42 U.S.C. § 3601 et seq., as now or hereafter amended) living together in a group living arrangement with supervision, provided those persons do not have a criminal record. "Family" shall not include persons living together in a group home, assisted living facility, or nursing home, or any other supervised group living arrangement for persons other than those protected by the Fair Housing Act or persons who constitute a direct threat to others or their physical property.[1]
GARBAGE
Consists of all vegetable and animal waste, including offal, carcasses, fat, bone, swill and animal and vegetable matter, or other organic substances, subject to fermentation or decay, resulting from the storage, handling, consumption and preparation of food. It shall not contain dishwater or other soapy water. Garbage under this article is municipal waste.
HOUSEHOLD RUBBISH
Consists of old furniture, paper (including newspapers and magazines tied in bundles), trunks, stoves, furnace pipe, water boilers, broken glass, bottles, crockery, tin cans, which may accumulate, but excluding broken concrete, dirt, trees and tree limbs over 2 1/2 feet in length. Household rubbish under this article is municipal waste except for those items which are commingled recyclable materials or leaf waste.
LEAF WASTE
Includes leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
MATERIAL
Includes garbage, ashes, household rubbish and rubbish.
MUNICIPAL VOLUNTARY RECYCLING PROGRAM
A voluntary commingled and collection program for recycling municipal waste or commingled recyclable materials, or a program for designated dropoff points or recyclable materials, that is operated by or on behalf of the municipality. The term includes any commingled and collection program for composting yard waste that is operated by or on behalf of the municipality. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants. Under this article the franchised disposal service contract hauler would be designated to operate the voluntary recycling program in lieu of the Township of Girard operating such a program.
MUNICIPAL WASTE
Any garbage, rubbish, household rubbish, ashes, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from 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[2] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include commingled recyclable materials.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency (including, but not limited to, the authority), or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers directors.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other 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.
RUBBISH
Consists of mixed and waste fragments resultant from the use of household necessities, including but not limited to glass, china, metal, tin, wood, leather, rubber, carpeting, prunings from vines and shrubbery, and other foreign matter, but excepting ashes and garbage. Rubbish under this article is municipal waste except for those items which are commingled recyclable material or leaf waste.
SOLID WASTE
Solid waste, as defined in the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act.[3]
STORAGE
The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A. 
No material shall be allowed to accumulate on the ground nor be deposited on the highway, vacant lots, homes nor on any land publicly or privately owned, nor be thrown into any stream or body of water in the Township of Girard other than is permitted under this article, federal, state and local laws. Any person found to be in violation of this subsection shall be subject to a fine under § 127-16 of this article.
B. 
There shall be no doubling up of families by which more than one family uses a common container or containers except in commercial pickups or as provided in Subsection C of this section.
C. 
In an instance where a residence, apartment or any building is arranged for occupancy by four or more persons or families living separately, it shall be the obligation of the property owner to furnish adequate sanitation (materials pickup) service for the entire residence, apartment or building, including providing for pickup, transportation and disposal of municipal waste, recyclable materials and leaf waste. The situation described in the previous sentence shall be characterized as commercial pickup. Mobile home parks at the option of the owner may be deemed a commercial pickup. If the option is exercised, the owner shall have the obligation to furnish adequate sanitation service for the entire mobile home park, including providing for pickup, transportation and disposal of municipal waste, recyclable and leaf waste.
D. 
Nothing in this article shall be construed to prevent or prohibit any person engaged in the business of farming from maintaining a manure pile on land occupied by him, so long as a nuisance does not result therefrom.
A. 
The occupants of dwelling houses, apartments and other type of dwellings, and the property of commercial establishments, shall provide and maintain containers, as required hereinafter, for all garbage and materials accumulated on the premises thereof. Such containers shall not exceed the capacity of 20 gallons.
B. 
Garbage containers shall be made of nonabsorbent material, be watertight and flytight, and be provided with handles and closely fitted covers made of nonabsorbent material. The containers shall be kept in repair so as to be at all times watertight.
C. 
Garbage containers shall be used only for garbage and materials, as hereinbefore defined. All garbage shall be carefully wrapped in paper before being placed in the garbage container. No more water shall be allowed or permitted in garbage than naturally accumulates from table refuse. All garbage cans and receptacles shall be kept in a sanitary condition, in places accessible to the collector and with sufficient shelter to prevent their freezing to the ground.
D. 
All materials shall be kept in places accessible to the collector and in such containers to be provided by the householders so that said materials can be readily removed by the collector.
E. 
No garbage, materials, rubbish, recyclable material or leaf waste, in a container or otherwise, shall be set out by the occupant for any reason for the purpose of collection by a collector more than 24 hours prior to the previously established scheduled collection time. All materials and recyclable material shall be set out at curbside on the collection day.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Under this article and ensuing documents, such as the current prepared specifications and the contract pursuant thereto, Girard Township will franchise one, and only one, person or entity to collect, transport and dispose of all municipal waste, recyclable materials and leaf waste generated by all Girard Township residential units, excluding commercial pickups. The entity so franchised may, under this article, be designated as the "contract hauler." The licensing provision of this section shall not be construed to permit persons other than the contract hauler to collect, transport or dispose of municipal waste, recyclable materials and leaf waste generated by residential units, other than those deemed a commercial pickup. Owners of residential units deemed commercial pickup may select their own disposal service for collection, transportation and disposal of their solid waste but shall otherwise comply with this article, state, federal and local laws.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
All garbage, ashes, rubbish, household rubbish, materials, municipal waste, commingled recyclable materials and leaf waste generated by all residential units in Girard Township, other than those deemed a commercial pickup, shall be collected, removed and disposed of only by the contract hauler under contract (articles of agreement) with the Township of Girard, under the terms and conditions as set out in said current contract and this article. It shall be a violation of this section of this article for any person other than the contract hauler to collect, remove, transport or dispose of municipal waste, commingled recyclable materials or leaf waste generated by residential units other than those deemed a commercial pickup. Any person found to be in violation of this subsection shall be subject to fines under § 127-16 of this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Contracts for the collection and disposal of garbage, ashes, rubbish, household rubbish, municipal waste, commingled recyclable materials and leaf waste under this article shall from time to time be let to the lowest responsible bidder, which contract shall contain, in addition to the requirements of this article, such other provisions not in therein, and it shall be executed by the Township of Girard. No contract shall be let for a period to exceed three years.
A. 
No garbage, ashes, rubbish, household rubbish, municipal waste, commingled recyclable materials and leaf waste shall be collected or conveyed over the streets, alleys or thoroughfares of the Township of Girard by any person or persons other than the contract hauler, or his duly authorized agents and employees, except duly authorized contract haulers of other municipalities conveying garbage, ashes, rubbish, household rubbish, municipal waste, commingled recyclable materials and leaf waste collected in other municipalities, and except any garbage and rubbish collectors privately engaged in the removal of garbage, ashes, rubbish, household rubbish, municipal waste, commingled materials and leaf waste from premises other than residences (commercial pickup) when said garbage, ashes or rubbish is not collected by the contract hauler of the Township of Girard.
B. 
Garbage, ashes, rubbish, household rubbish, municipal waste, commingled recyclable material and leaf waste shall be collected from all premises between the hours of sunrise and sunset.
A. 
All persons, firms or corporations collecting garbage, ashes, rubbish, household rubbish, municipal waste, materials, commingled recyclable material and leaf waste in the Township of Girard and transporting the same upon the streets and alleys of the Township of Girard shall haul the same only in conveyances and receptacles tightly closed on the bottom and sides, so as to prevent said garbage, ashes, rubbish, household rubbish, municipal waste, commingled recyclable material and leaf waste from spilling, dropping or falling to the streets, alleys or highways.
B. 
All conveyances hauling such garbage, ashes, rubbish, materials, household rubbish, municipal waste, materials, commingled recyclable material and leaf waste shall be so operated and covered so as to prevent said garbage, ashes, rubbish, household rubbish, municipal waste, commingled recyclable material and leaf waste from being blown upon or spilled upon any street, walk or alley of the Township of Girard. Every conveyance shall have plainly printed thereon the name of the contractor hauler and shall be kept in a sanitary condition at all times.
The contract hauler for the collection and disposal of garbage, ashes, rubbish, household rubbish, municipal waste, commingled recyclable material and leaf waste and any person contracted to engage in such collection and disposal shall be required, at his own cost and expense, to furnish, maintain and operate all vehicles, machinery and equipment necessary for the proper performance of the contract, except that he shall not be required to furnish receptacles or containers, which are to be provided by occupants of premises within the Township of Girard.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The contract hauler for the collection and disposal of garbage, ashes, rubbish, household rubbish, municipal waste, commingled recyclable material and leaf waste, and any person contracted to engage in the collection and disposal of garbage, ashes, rubbish, household rubbish, municipal waste, commingled recyclable material and leaf waste, shall be required, at his own municipal waste landfill or plant of sufficient size and capacity, to dispose of the municipal waste collections made by him under the terms of his contract with the Township of Girard through the life of the contract. Lack of capacity at a municipal waste landfill shall not excuse the contractor's performance under the contract; the contractor shall be obligated to have a proper facility or facilities for the required disposal of commingled solid waste and leaf waste in accordance with state and local laws, rules and regulations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All material, commingled recyclable materials and leaf waste shall be disposed of by the contract hauler, or any licensee, or any hauler, in such manner so as not to endanger or interfere with the health and comfort of any of the inhabitants of the Township of Girard and in compliance with state, federal and local laws and regulations.
All persons residing in the Township of Girard and certain owners (owners of residential units deemed a commercial pickup) of residential property in the Township of Girard are encouraged to separate or be responsible for the separation from municipal waste generated at their homes, apartments and other residential estates those materials now or hereafter designated by the Township of Girard as commingled recyclable material. All recycling is voluntary and no recycling is mandated under this article.
A. 
All adults, parents, occupants or heads of households (for convenience sometimes referred to as the "responsible parties" in each single-family residential unit, other than those qualifying as a commercial pickup under the definition of "commercial establishment" in § 127-2 of this article, may be responsible on a voluntary basis for the separation of all recyclable material, designated by the Township of Girard for recycling under § 127-11D, from all other municipal waste generated at each single-family residential unit and for the storage of said recyclable material in a single twenty-gallon container (the container to have a recycling logo or other like markings indicating the contents of said container as recyclable materials) for a scheduled, weekly, curbside collection to be made by a contract hauler designated by Township of Girard to collect and dispose of municipal waste, commingled recyclable material and leaf waste. Those responsible parties residing in units qualifying for a commercial pickup shall be entitled to recycle under this article but in containers provided by the landlord under Subsection B of this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The owner, landlord, or agent for an owner or landlord of multifamily rental housing properties with four or more units in one structure and mobile home park operators and owners may provide that the tenant or occupant of each unit shall be responsible on a voluntary basis for recycling under Subsection A above or the owner/operator may establish a collection system for his property and be deemed a commercial pickup. 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 use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this article shall not be liable for the noncompliance of occupants of their buildings although said occupants shall be responsible for depositing their municipal and recyclable material in the separate containers provided by the landlord.
C. 
All commercial, municipal and institutional establishments are encouraged to recycle those materials designated by the Township of Girard as recyclable materials. All commercial, municipal or institutional establishments by each owner, manager, operator or persons occupying said commercial, institutional and municipal establishments are encouraged to recycle those materials enumerated under § 127-11D of this article. Said commercial, municipal or institutional solid waste generator shall annually provide written documentation the total number of tons recycled.
D. 
The following items (commonly referred to as "recyclable materials") shall be recycled under this article, to wit:
(1) 
Clear and colored glass.
(2) 
Aluminum, steel and bimetallic cans.
(3) 
Plastics.
E. 
Prior to the storage for collection of the recyclable materials, the contents shall be removed from any of the containers made of the above materials and the containers rinsed clean. The materials to be recycled as enumerated above shall then be stored in the recycling container until the weekly curbside pickup. While the recyclable materials are required to be separated from other municipal waste (to the extent source separated) for the purpose of separate collection, these various kinds of recyclable materials may be commingled in the recycling container. It shall be the obligation of the contract hauler to separate each of the various recyclable materials into the various separate components enumerated in Subsection D for the purpose of sale and disposition.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Initially and on a one-time basis, the container for the recyclable materials will be supplied by the Township of Girard to the various single-family residential units in the Township of Girard, excluding those determined to be a commercial pickup under the definition of "commercial establishment" in § 127-2 and Subsection B of this section. The containers so supplied shall be used solely for the storage and disposal of recyclable materials. If the container so supplied is lost, damaged or destroyed, a like or similar container shall be supplied by any household desiring to recycle for storage of recyclable materials prior collection, transportation and disposal by the contract hauler. Any replacement container shall be marked in such a fashion as to identify it as a container for commingled recyclable materials.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
All recyclable materials (see § 127-11D) generated by all residential units in the Township of Girard, excluding those governed under a commercial pickup, shall be collected, removed, transported and disposed of only by the disposal service (commonly referred to herein as the "contract hauler") designated by the Township of Girard and as provided for under § 127-14. Every resident, householder, tenant, owner, responsible party or person occupying a dwelling, apartment, condominium or place of residence generating recyclable materials within the Township of Girard (excluding those determined to be commercial pickup where the owner/operator has established and authorized collection system under Subsection B of this section) who chooses to recycle shall have their recyclable materials collected, removed, transported and disposed of only by the disposal service or contract hauler designated by the Township of Girard (through bidding process referenced in § 127-14) at a fee to each household to be established in accordance with § 127-15. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at curbside or similar location for collection by the contract hauler designated by the Township of Girard or a contract hauler which has been selected by a business or commercial pickup. Once municipal waste or commingled recyclable materials are placed for collection, they become the property of the contract hauler and may not be taken or removed by third parties. It shall be a violation of this article for any person other than the contract hauler to collect or remove separated recyclable materials or municipal waste which has been placed for collection. Nothing in this section of this article shall be deemed to preclude any residence, commercial, municipal or institutional establishment from donating or selling his or its commingled recyclable materials generated by his residence or business to any profit or nonprofit entity; provided, however, said resident or business shall deliver said recyclable materials to a collection point under the direct operation and control of said profit or nonprofit entity.
H. 
All responsible parties (§ 127-11A) who choose to utilize the service of the contract hauler for collection, transportation and voluntary recycling of the commingled solid waste generated by the responsible parties' residence shall be obligated to pay for said services as provided in § 127-15.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
If recyclable materials are collected by a contract hauler other than the contract hauler, owners, landlords or agents shall submit an annual report to the Township of Girard reporting the tonnage of materials recycled during the previous year.
All persons residing in the Township of Girard, excluding those residing in apartments or mobile home parks governed by Subsection B herein where the owner is responsible for leaf waste rather than the occupant, shall separate and keep separate from municipal waste generated at their homes, apartments and other residential estates, all leaf waste for the purpose of a separate collection and compost disposal.
A. 
All adults, parents, occupants, heads or responsible parties of households in each single-family residential unit, other than those qualifying as a commercial pickup under the definition of "commercial establishment" in § 127-2 of this article, shall be responsible for the separation of leaf waste from other municipal waste generated at each single-family residential unit. The leaf waste shall be bagged in plastic disposable leaf bags for collection according to the current contract.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The owner, landlord or agent of an owner or landlord of multifamily rental housing properties with four or more units in a structure and mobile home park owners and operators shall provide for the separate collection of leaf waste. Prior to collection, the leaf waste may be stored in disposable leaf bags or other means satisfactory to the contract hauler but in a manner where the leaf waste is collected separately from municipal waste and recyclable materials and disposed of by the contract hauler through a composting program. The owner, landlord or agent of an owner or landlord of multifamily rental housing properties with four or more units in a structure, mobile home owners and operators, as well as business and commercial establishments, shall be obligated to make their own contractual arrangements with a contract hauler engaged in solid waste processing and disposal for the proper collection, disposal and composting of leaf waste.
C. 
Leaf waste shall be collected only by a contract hauler designated by the Township of Girard except when the owner, landlord or agent of an owner or landlord disposes of the leaf waste at the compost site or as mandated in Subsection B. Pickup or collection of leaf waste shall be weekly but be limited to a four-week period in the fall of a given year. The exact four-week period for leaf waste collection of any given year shall be as determined by the Township of Girard with a recommendation of the contract hauler. Residents will be given due notice of the four-week leaf waste pickup period, and they shall during said four-week period set their leaf waste at curbside in plastic bags for collection.
D. 
The adults, parents, occupants, or heads of households shall be responsible for the separation of leaf waste into plastic disposable bags which shall in some manner clearly identity the contents as leaf waste.
E. 
The contract hauler for leaf waste shall be solely responsible for the disposition of all leaf waste except that which is disposed of in the community compost site for the life of his contract with the Township of Girard. Said hauler shall provide for composting or otherwise make arrangements for the disposition of the leaf waste at a leaf composting facility in conformity with state law.
F. 
All commercial, municipal and institutional establishments shall provide for the separate collection and disposal of leaf waste in the manner where the leaf waste is collected separately from municipal waste and recyclable materials and disposed of by a contract hauler through a composting program. Prior to collection, the leaf waste may be stored in disposable plastic bags or other means satisfactory to the hauler.
G. 
All responsible parties (§ 127-11A) shall be required to utilize the services of the contract hauler for collection, transportation and composting of leaf waste generated by the responsible parties' residence and shall be obligated to pay for said services as provided in § 127-15.
All persons (including adults, parents, occupants, heads of households or responsible parties) residing in the Township of Girard, excluding those residing in apartments or mobile home parks deemed to be a commercial pickup under the definition of "commercial establishment" in § 127-2, where the owner has to be a commercial pickup under the definition of "commercial establishment" in § 127-2, where the owner has assumed responsibility for the collection, transportation and disposal of municipal waste generated by the residential units, who choose to recycle shall separate or be responsible for the separation of municipal waste from recyclable materials and leaf waste generated by their households, apartments and other residential estates.
A. 
The municipal waste so generated shall be separated and stored in a sanitary fashion and as required under § 127-4 prior to and in preparation of the weekly curbside collection, transportation and disposal by the contract hauler designated by § 127-14.
B. 
All municipal waste generated by all residential units in the Township of Girard, excluding those governed under a commercial pickup, shall be collected, removed, transported and disposed of only by the contract hauler designated by the Township of Girard under § 127-14. Every resident, householder, tenant, owner, responsible party or person occupying a dwelling, apartment, condominium or place of residence generating municipal waste within the Township of Girard (excluding those determined to be an authorized collection system for municipal waste) shall have their municipal waste collected, removed, transported and disposed of only by the contract hauler designated by the Township of Girard (through bidding process referenced in § 127-14) at a fee to each household to be established in accordance with § 127-15.
C. 
All responsible parties (§ 127-11A) who choose to utilize the services of the contract hauler for collection, transportation and disposal of municipal waste and materials generated by the responsible parties' residence shall be obligated to pay for said services as provided in § 127-15.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Township of Girard has determined to designate one entity which shall be responsible for the collection, transportation, recycling, and composting disposal of all materials, municipal waste, recyclable materials and leaf waste (except leaf waste taken to municipal compost area) resulting from or generated by single-family residential units (but excluding commercial pickups) as required by state and local law.
A. 
The Township of Girard shall, through appropriate advertisement and solicitation of bids, award a contract (in conjunction with West County Recycling Committee) to a person or company (for convenience sometimes referred to as the "contractor" or "contract hauler"), who qualifies as the lowest, responsible bidder meeting bid specifications, to pick up, collect, transport, haul and dispose of all municipal waste and materials; to collect, transport and recycle recyclable materials; and to collect, transport and compost leaf waste generated by each single-family residential unit (but excluding those residential units qualifying as a commercial pickup) for which services the contract hauler may bill and collect a fee as authorized under § 127-15.
B. 
The contract hauler shall provide a weekly pickup of municipal waste and materials from all residential units, exclusive of commercial pickups, and shall notify each head of household of the time and the day of the week for the scheduled pickup of municipal waste and materials. This shall be unlimited pickup as to volume or number of containers of municipal waste or materials.
C. 
The contract hauler shall also provide a weekly pickup for the specified recyclable materials from all residential units that choose to recycle and shall notify each head of household of the time and day of the week for the scheduled pickup of the recyclable materials. While recyclable materials may be commingled in a twenty-gallon container prior to pickup, it shall be the contract hauler's responsibility to separate each of the recyclable materials before their ultimate sale and disposition. The pickup and collection of municipal waste and materials shall be separate from the pickup of the recyclable materials, however, both pickups shall be at the same time and day of the week for each household, and shall be unlimited pickups as to volume or number of containers as to municipal waste, materials, and recyclable material.
D. 
The contract hauler shall be the only authorized person to pickup, transport and dispose of all materials, municipal waste, leaf waste (except leaf waste taken to municipal compost area) and recyclable materials generated by residential units in the Township of Girard, excluding the pickup and disposal of waste from those units deemed a commercial pickup. It shall constitute a violation of this article for any other person or company to pickup, transport or dispose of materials, municipal waste, leaf waste (except leaf waste taken to municipal compost area) or recyclable materials generated by residential units in the Township of Girard, excluding commercial pickups.
E. 
The contract hauler shall provide a weekly pickup and collection of leaf waste limited, however, to a four-week period in a given calendar year for all residential units in the Township of Girard, excluding the commercial pickups, and collection of leaf waste of each year shall be determined by the Township of Girard with the contract hauler's recommendation. Each householder shall be required to bag the leaf waste in disposable bags duly identified as containing leaf waste. The contract hauler shall dispose of the leaf waste by providing for composting. The contract hauler shall be responsible for notifying the householders of the time and date that each householder's leaf waste will be scheduled for the weekly pickup.
F. 
The person or entity which has, as a result of advertisement and solicitation of bids, been awarded the exclusive and sole franchise of right to collect, transport and dispose of municipal waste, materials, recyclable materials and leaf waste shall be subject to the following duties and obligations:[1]
(1) 
Contract hauler shall at all times follow, comply with and abide by the specifications and the contract for the collection, transportation and disposal of garbage, ashes, rubbish, household rubbish, municipal waste, recyclable materials and leaf waste in the Township of Girard, Erie County, Pennsylvania as adopted by this article.
(2) 
Contract hauler shall at all times follow, comply with and abide by federal, state and local laws, ordinances, resolutions, rules and regulations, including but not limited to the Solid Waste Management Act,[2] the Municipal Waste Planning, Recycling and Waste Reduction Act,[3] this article and the specifications.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
All recyclable materials, municipal waste and leaf waste placed by persons for collection by the contract hauler pursuant to this article shall, from the time of placement at the curb, become the property of the contract hauler. Nothing in this article shall be deemed to impair ownership of materials by the generator unless and until such materials are placed at the curbside for collection.
Every resident, householder, tenant, owner, responsible party or person occupying a dwelling, apartment, condominium, or place of residence within the Township of Girard (excluding those governed by a commercial pickup), who choose to utilize waste removal services, generating municipal waste, recyclable materials or leaf waste, shall pay or be responsible to pay to the designated contract hauler a fee or charge for the contract hauler's services in the collection, removal, hauling and disposal of municipal waste, recycled materials, and leaf waste generated by said household. There shall be one set fee per each household for all services in collection, transportation and disposition of municipal waste, recyclable materials and leaf waste for which the contract hauler shall provide curbside collection or pickup, transportation and disposal of all municipal waste, recyclable materials and leaf waste generated by each household. This fee will likely be required to be prepaid each quarter, and it shall be the responsibility of each resident, or householder to pay the contract hauler the fee so established under this article and award referenced.
A. 
The fee charged each household for said collection and disposal service will be established as a result of the solicitation of bids by the Township of Girard or the West County Recycling Committee and award made to the lowest responsible bidder who meets the specifications.
B. 
For any period in excess of 30 continuous days, where a party (such as a resident, householder, tenant, owner or responsible party) has paid or is obligated to pay for disposal services, but his household is not or has not generated municipal waste, recyclable materials or leaf waste for the thirty-day period, said party shall be entitled to a pro rata refund or credit from the contract hauler for the period of time for which the contract hauler's services would not be occupied.
C. 
It shall be the responsibility of the contract hauler to bill and collect from each household for the services rendered by the contract hauler in collection, transportation and disposal of municipal waste, recyclable materials and leaf waste. In the event the contract hauler is not paid the quarterly fee per household for the collection, transportation and disposition of municipal waste, recyclable materials and leaf waste, the contract hauler may proceed in a civil action against the resident, householder, tenant, owner or responsible party occupying said household. Under no circumstances shall the Township of Girard be responsible for any fees for the collection, transportation or disposition of municipal waste, recyclable materials or leaf waste other than fees owed by the Township of Girard. The contract hauler may not proceed against or recover from the Township of Girard for any fees or expenses owed the contract hauler by third parties.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person who violates or permits a violation of his article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of his article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[Adopted 11-13-2001 by Ord. No. 62-19]
Following the effective date of this article, it shall be unlawful for residents of Girard Township to burn any recyclable that is included in its recycling programs.
Any member of the Pennsylvania State Police or, upon authorization by the Board of Supervisors, the authorized elected or appointed official of Girard Township, is hereby permitted to enforce this article.
Any person violating any of the provisions of this article shall, upon summary conviction before a District Magistrate, be sentenced to pay a fine of not less than $25 and not more than $100 and the cost of prosecution, such fines to be collected as like fines are now collected by law, and/or shall undergo imprisonment not exceeding 10 days, or both. Any person continuing any such violation beyond one calendar day shall be deemed to have committed a separate offense for each calendar day such violation continues.