[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Allen: Art. I, 2-4-1969 as Ord. No. 127; Art. II, 7-19-1990 as Ord. No. 433. Amendments noted where applicable.]
[Adopted 2-4-1969 as Ord. No. 127]
No person, association, firm or corporation shall keep or suffer to remain on his or her premises or on any private property any garbage, ashes, rubbish or other refuse or cast the same upon any lot or piece of ground within the township or upon the shores or margin of any stream or body of water or upon any street or sidewalk in the township, nor may any person, association, firm or corporation use or permit to be used any spot or place within the township as a public or private dump for garbage, ashes, rubbish or other refuse.
Any person who shall violate or fail to comply with any of the provisions of this Article shall, upon conviction thereof, be sentenced to pay a fine up to one thousand dollars ($1,000.) and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than thirty (30) days, provided that each day's continuance of a violation of this Article shall constitute a separate offense.
In addition to the above penalties, the act in violation of this Article may be declared by the Commissioners of Upper Allen Township to be a nuisance and subject to abatement as such, and a violator shall be subject to all other remedies provided by law.
[Adopted 7-19-1990 as Ord. No. 433]
This Article shall be known as the "Upper Allen Township Municipal Solid Waste and Recycling Ordinance."
The purpose of this Article is to provide for the health, safety and welfare of the residents of the Township of Upper Allen by regulating the collection, storage, transportation, removal, dumping, deposit, disposal and recycling of solid waste by instituting a comprehensive solid waste management program and establishing a mandatory recycling program pursuant to the requirements of Act 101 and amendments thereto.
The following words and phrases when used in this Article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
- ALUMINUM CANS
- Clean, non-aerosol and empty all-aluminum beverage and food containers.
- AUTHORIZED COLLECTOR
- A person, firm or corporation licensed or contracted by Upper Allen Township to handle municipal waste and recyclables in accordance with the provisions of this Article.
- BIMETALLIC CONTAINERS
- Clean, non-aerosol and empty beverage and food containers composed of steel and aluminum.
- BULKY WASTE
- Items of solid waste which due to their size, shape or weight cannot be collected as a part of the normal weekly municipal waste collection and, therefore, require special handling. For example, large household appliances such as stoves and refrigerators, plumbing fixtures, furniture, large crates, tires, tools, machinery or parts thereof and similar items in size shall be considered "bulky waste."
- COMMERCIAL ESTABLISHMENTS
- An entity and the property on which it operates engaged primarily in activities for commercial or industrial purposes, including but not limited to stores, markets, office buildings, restaurants and shopping centers.
- CONSTRUCTION AND DEMOLITION WASTE
- Lumber, roofing material, sheathing, rubble, broken concrete, macadam, plaster and brick, conduit, pipe, insulation and other materials which result from a construction, demolition or remodeling process.
- CORRUGATED CARDBOARD
- Paper boxes constructed in a corrugated manner and used as containers for business and consumer applications.
- DWELLING UNIT
- Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one (1) family.
- EXCLUSIVE CONTRACT
- An agreement entered into by Upper Allen Township with a private person or corporation for the collection and disposal of all municipal waste and/or recyclables within the township to the extent provided by this Article and the agreement.
- FERROUS CONTAINERS
- Clean, non-aerosol and empty steel or tin-coated steel containers for food or beverages.
- 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.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper or computer paper used in commercial, industrial, institutional and municipal establishments and in residences.
- INSTITUTIONAL ESTABLISHMENTS
- Any establishment engaged in service to persons, including but not limited to nursing homes, retirement centers, orphanages, schools and colleges.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar
materials, but not including grass clippings.[Added 6-16-2005 by Ord. No. 597]
- MULTIFAMILY ESTABLISHMENTS
- Rental housing apartment buildings or apartment complexes which have ten (10) or more dwelling units and condominium associations and homeowners' associations of ten (10) or more dwelling units which are established and organized in such a manner that the association provides common services for the residents of the housing development. This definition shall also include apartment buildings and apartment complexes owned and operated by institutional establishments if the institutional establishment charges a rental fee for the dwelling units.
- MUNICIPAL ESTABLISHMENTS
- Any public facility operated by the township or other governmental or quasi-governmental authorities.
- Upper Allen Township.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and any other material, including solid waste, liquid, semisolid or contained gaseous materials, 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 facility (Act 101, Section 103).
- Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and matters of public interest, excluding magazines and glossy advertising inserts often included with newspapers.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- PLASTIC BOTTLES
- Empty and clean consumer product containers made of polyethylene terephthalate (PET), polypropylene (PP), high-density polyethylene (HDPE) and low-density polyethylene (LDPE), most commonly but not limited to plastic bottles used as containers for soda, milk and other consumer food products or for household cleaning products or for personal care products.
- RECYCLABLES/RECYCLABLE MATERIALS
- Those materials specified by the township for separation, collection, processing, recovery or reuse as part of a recycling program.
- The program or system of separation, collection, processing, recovery or reuse of recyclables.
- RESIDENTIAL MUNICIPAL WASTE
- Municipal waste, as herein defined, that is generated at a dwelling unit.
- RESIDENTIAL UNIT
- See "dwelling unit."
- RESIDUAL WASTE
- Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous.
- SOLID WASTE
- Any waste, including but not limited to, municipal, residual or hazardous waste, including solid, liquid, semisolid or contained gaseous materials. (Pennsylvania Solid Waste Management Act, Section 103)
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials separated at the point of origin for the purpose of being recycled.
- STEEL CANS
- Clean, non-aerosol and empty ferrous metal or bimetal beverage and food containers.
- The government jurisdiction and legal entity of Upper Allen Township, Cumberland County, Pennsylvania.
- Materials whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed, but it does not include source-separated recyclable materials.
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 applicable township, state and federal laws and regulations.
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 an authorized collector. The containers shall be durable, watertight and made of rust-resistant metal or plastic. The size of each container shall not exceed a thirty-five-gallon capacity unless bulk (dumpster-type) containers are used. Containers for curbside recyclables will be as specified by the township or as provided by the township directly or through exclusive contract for collection of recyclables. Use of bulk containers at multifamily establishments shall be permitted, but they shall comply with the provisions of § 210-8A below.
Location of containers. Each municipal waste container and curbside recyclable container shall be placed for collection so as to be accessible to the collector at ground level and at a point immediately behind the curbline of the street, within no more than ten (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. Failure to place containers at such locations may result in waste not being picked up. The location for collection of uncontainerized recyclable material shall be as specified by the township. The location of bulk containers at multifamily establishments shall be in accordance with § 210-8B below.
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 containers to be furnished by the collector as may be approved by the township.
Location of containers. Containers for 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 authorized collector and shall not be unsatisfactory to the township. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways or alleys or entrances and exits of public or private buildings.
It shall be unlawful for any person or corporation other than persons or corporations authorized by license or contract by the township 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. If the township decides to enter into such an exclusive contract, the township shall not issue a license to any private hauler or collector for the collection of residential municipal waste other than the hauler or collector having the exclusive contract with the township. Authorization to collect, transport and dispose of municipal waste for persons other than oneself may be given only by the township through the issuance of a contract or license. All applicants for licensing shall be reviewed by the township and shall be approved in accordance with reasonable standards therefor and public bidding requirements developed therefor by the Township Board of Commissioners.
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. The township shall have the authority to inspect the vehicles used for the transport of solid waste as it deems necessary.
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 Resources or other state government. However, the township reserves the right to designate a state permitted facility of its choice and to require that all municipal waste generated in the township be disposed of at this designated facility. If the township designates a disposal facility as provided for above, all authorized (licensed) collectors or collectors operating under contract with the township for collection of municipal waste shall be informed by the township of the location, regulations and other information pertaining to the designated disposal facility. The township reserves the right to make inspections of authorized collectors to 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 have his/her license to collect or haul municipal waste in the township revoked.
It shall be unlawful for any person to deposit for collection any solid waste including bulky items not generated at the address from which collection is made or to bring any solid waste into the township or from one address to another in the township for the purpose of taking advantage of the collection service or to avoid the cost of collection.
Bulky waste 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 fourteen (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 plantings may be stored for longer periods of time if necessary until the next scheduled collection for such items or for the purpose of composting or burning such materials in accordance with the township ordinances, unless such storage violates other ordinances or regulations of the township. It shall be unlawful for any person to place bulky waste on any property other than on the property at which it was generated or directly associated with. Bulky waste shall be disposed of at a state permitted or licensed disposal facility, a facility especially designated by the township to take such bulky items or a legitimate salvage dealer that is in the business of disposing of or recycling such items.
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 Resources or pertinent ordinances or regulations of the township. It shall be the responsibility of the property owner to ensure the disposal of such waste in accordance with applicable laws and regulations.
Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal waste from hauling his/her own municipal waste on an irregular or unscheduled basis to a state permitted disposal facility or to the disposal facility as designated by the township in accordance with the regulations of the disposal facility.
Nothing contained herein shall prohibit a farmer from carrying out normal farming operations, including composting or spreading of manure or other farm-produced agricultural waste not otherwise prohibited or regulated for land applications.
The provisions of this Article do not apply to anything but the storage, collection, transportation and disposal of municipal waste and do not apply therefore to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act and its amendments. All hazardous or residual waste must be disposed of in compliance with applicable state and federal laws and regulations.
Editor's Note: See 36 P.S. § 6018.101 et seq.
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 is accumulated to pay a service fee for the collection and disposal of this waste, except as otherwise provided by this Article, to a licensed hauler or exclusive contractor or to the township. A licensed hauler, exclusive contractor or the township may discontinue service for nonpayment of service fees by a residential, commercial, institutional or industrial establishment. Discontinuance of service due to nonpayment of service fees shall not relieve the resident or establishment from abiding by all of the requirements of this Article.
To encourage and maximize recycling, all municipal waste service charges for the collection and disposal of municipal waste paid either to a licensed hauler, an exclusive contractor or the township shall be based upon the volume of waste collected at the commercial, institutional or industrial establishment. At multifamily residential units, service charges shall be based on volume to the extent that any amount over five (5) cans or bags per week or the equivalent is exceeded on a volume basis.
All service fees established under an exclusive contract for the collection of waste in the township shall be established and adjusted by contract awarded by the Board of Commissioners pursuant to public bidding.
The township, recognizing that 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 Act 101, does hereby authorize and encourage collection, processing, storage, transportation and recycling of materials in accordance with the provisions of this Article.
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 require the disposal of waste at designated facilities unless such recyclables become unmarketable.
The township hereby established a program for the mandatory separation of recyclables from municipal waste by persons residing in single-family dwellings and multifamily establishments and by commercial, institutional and industrial establishments.
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.
Commercial, industrial and institutional establishments and residential establishments conducting their own recycling programs not in conjunction with an agent of the township or under an exclusive contract as may be established by 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 § 210-22B above, as provided in Section 1501(c) of Act 101.
Editor's Note: See 53 P.S. § 4000.1501(c).
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.
[Amended 6-16-2005 by Ord. No. 597]
Recyclable materials shall be placed at the curb or other designated areas, separated from solid waste, for collection or taken to dropoff sites at such times, dates, manner, and places as may be established or authorized by the Township, provided that curbside pickup of newspapers, glass, aluminum and steel cans and plastic bottles shall occur weekly and curbside pickup of leaf waste and brush shall occur at a minimum of two times per year.
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 or pick up or cause to be collected or picked up any such items. Any and each collection in violation hereof from one (1) or more locations shall constitute a separate and distinct offense punishable as hereafter provided.
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 § 210-22 above commingled 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.
[Amended 6-17-1993 by Ord. No. 474]
Any person violating any of the provisions of this article shall, upon conviction by a District Justice, be subject to a fine of not more than one thousand dollars ($1,000.), together with the cost of prosecution, or to imprisonment in the Cumberland County Jail for a period of not more than thirty (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.
In addition to the foregoing penalty, the township also may exercise any other remedies available to it under the First Class Township Code or other applicable laws to carry out its responsibilities under Act 101, this Article and other pertinent ordinances of the township.