[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Allen as indicated in article histories.
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.[1]
[1]
Editor's Note: Original Sections 2 and 3,
which contained provisions regarding the licensing and operation of
sanitary landfills within the township, were repealed 6-17-1993 by
Ord. No. 474.
[Amended 6-17-1993 by Ord. No. 474]
A.
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 $1,000 and costs of prosecution and,
in default of payment of such fine and costs, to imprisonment for
not more than 30 days, provided that each day's continuance of a violation
of this article shall constitute a separate offense.
B.
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[1] and amendments thereto.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
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:
Clean, non-aerosol and empty all-aluminum beverage and food
containers.
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.
Clean, non-aerosol and empty beverage and food containers
composed of steel and aluminum.
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."
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.
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.
Paper boxes constructed in a corrugated manner and used as
containers for business and consumer applications.
Any room or group of rooms located within a building and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating by one
family.
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.
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.
All white paper, bond paper or computer paper used in commercial,
industrial, institutional and municipal establishments and in residences.
Any establishment engaged in service to persons, including
but not limited to nursing homes, retirement centers, orphanages,
schools and colleges.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
[Added 6-16-2005 by Ord. No. 597]
Rental housing apartment buildings or apartment complexes
which have 10 or more dwelling units and condominium associations
and homeowners' associations of 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.
Any public facility operated by the township or other governmental
or quasi-governmental authorities.
Upper Allen Township.
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[1] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility (Act 101, Section 103).[2]
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements and matters of public interest, excluding
magazines 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.
Empty and clean consumer product containers made of polyethylene
terephthalate (PET), polypropylene (PP), high-density polyethylene
(HDPE) and low-density polyethylene (LDPE), most commonly but not
limited to plastic bottles used as containers for soda, milk and other
consumer food products or for household cleaning products or for personal
care products.
Those materials specified by the township for separation,
collection, processing, recovery or reuse as part of a recycling program.
The program or system of separation, collection, processing,
recovery or reuse of recyclables.
Municipal waste, as herein defined, that is generated at
a dwelling unit.
See "dwelling unit."
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous.
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[3])
Materials separated at the point of origin for the purpose
of being recycled.
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.
A.
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.
B.
Location of containers. Each municipal waste container and curbside recyclable container shall be placed for collection so as to be accessible to the collector at ground level and at a point immediately behind the curbline of the street, within no more than 10 feet of the cartway of the street or alley from which the collection with a vehicle is made, if there is no curbing, or at a location mutually agreeable between the resident, the township and the collector. 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.
A.
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.
B.
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 Board of
Commissioners of Upper Allen Township.
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 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.
A.
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.
B.
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.
C.
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.[1] All hazardous or residual waste must be disposed of in
compliance with applicable state and federal laws and regulations.
[1]
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 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 of
Upper Allen Township 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,[1] does hereby authorize and encourage collection, processing,
storage, transportation and recycling of materials in accordance with
the provisions of this article.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
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.[1]
[1]
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 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 $1,000, together with the cost of prosecution,
or to imprisonment in the Cumberland County Jail for a period of not
more than 30 days. Every violator of the provisions of this article
shall be deemed guilty of a separate offense each and every day such
violation continues and shall be subject to the penalty imposed by
this section for each and every separate offense.
