The previous recitals are incorporated herein.
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.
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.
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 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.
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.
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.
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.
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.
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:
(2) Aluminum, steel and bimetallic cans.
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.
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.
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.
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.
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.
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) 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, the Municipal Waste Planning, Recycling and Waste Reduction
Act, this article and the specifications.
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.
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.