[Adopted 12-20-1993 by Ord. No. 371]
This article shall provide a mandatory recycling program and govern all aspects of the collection, storage, transportation, processing and disposal of municipal solid waste in the Township of Tobyhanna. It contains regulations applicable to haulers of municipal waste, collectors of recyclables, individuals, commercial, municipal and institutional establishments and community activities.
The purpose of this article is to establish a program for the mandatory source separation and separate collection of designated recyclable materials from residences and properties receiving municipal waste collection services from or on behalf of the Township of Tobyhanna for recycling purposes; to prohibit the disposal of designated recyclable materials into the conventional municipal waste disposal system; and to empower the township to promulgate and adopt reasonable rules and regulations therefor and to fix penalties for violation of this article.
As used in this article, the following terms shall have the meanings indicated:
- One who performs an act for his immediate family or for another person gratuitously (without any form of monetary or material compensation therefor).
- ALUMINUM CANS
- Empty, all-aluminum beverage and food containers.
- A person desirous of being licensed as a hauler or of being issued a recyclable collection permit, as the case may be.
- AUTHORIZED COLLECTOR
- A licensed hauler (as defined herein); a recyclable collection permittee (as defined herein); or a person who, being so authorized by the terms of this article, removes municipal waste or recyclables from his own premises, as owner of the building or commercial, municipal or institutional establishment or community activity conducted therein, or as an agent (as defined herein) of another person.
- BIMETALLIC CANS
- Empty food or beverage containers consisting of both steel and aluminum.
- BULK WASTE
- Any article, item or quantity of municipal waste which is too large to be placed in sanitary closed or covered containers as otherwise required under this article.
- Any person who collects municipal waste or recyclables.
- Of or pertaining to any wholesale, retail, industrial, manufacturing, transportation or financial or professional service or office enterprise, business or establishment.
- COMMINGLED RECYCLABLES
- Recyclables mingled or blended together placed in the same container.
- COMMUNITY ACTIVITY
- An activity or event sponsored or organized by a public or private nonprofit organization for recreational, educational, cultural or civic purposes, which may be attended by members of the public, whether or not an entrance or participation fee is charged therefor.
- The process of the biological decomposition of organic solid waste which is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
- CORRUGATED PAPER
- Structural paper material with an inner core shaped in rigid parallel furrows and ridges, of the type normally used to make packaging cartons and boxes.
- CURBSIDE COLLECTION
- A method of collection of residentially generated recyclables by which the owners or occupants of certain residential properties may dispose of their recyclables by placing them at curbside at times designated by the licensed haulers, for collection and removal by an authorized collector thereof for delivery to a recycling center.
- The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner such that the municipal waste or a constituent thereof enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
- DISPOSAL AREA
- Any site, location, area, building, structure, transfer station or premises to be used for municipal waste disposal.
- All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
- GLASS CONTAINERS
- All empty food and beverage jars or bottles, the product being transparent or translucent (either clear, green or brown).
- Of or pertaining to any establishment engaged in service to persons, including but not limited to hospitals, nursing homes, schools, universities, churches and social or fraternal societies and organizations.
- The owner of residential property, or such owner's authorized agent.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
- LICENSED HAULER
- A person licensed by the township to collect, haul and transport municipal waste and recyclables for the purpose of disposal.
- Printed matter, also known as "periodicals," containing miscellaneous written prices published at fixed or varying intervals, printed on glossy or chemically coated paper. Expressly excluded are newspapers and all other paper products of any nature whatsoever.
- MULTIFAMILY DWELLING
- A type of residential property, either under single ownership or organized as a condominium or cooperative form of housing, which contains four or more dwelling units.
- Of or pertaining to any office or other property under the control of any branch or arm of the federal government of the United States of America, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth of Pennsylvania, including but not limited to the Township of Tobyhanna, and/or counties, cities, boroughs, townships and municipal authorities.
- MUNICIPAL WASTE
- Any garbage, 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 or from community activities, and which are not classified as residual or hazardous waste. The term does not include source-separated recyclable materials.
- MUNICIPAL WASTE LANDFILL
- Any facility that is designed, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the Department under the Solid Waste Management Act. The term shall not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
- Paper of the type commonly referred to as "newsprint" and distributed at fixed or stated intervals, usually daily or weekly, having printed thereon news and opinions, and containing advertisements and other matters of public interest. The term "newspaper" expressly excludes glossy advertising inserts, magazines, glossy or other chemically coated paper, office paper and any other paper products of any nature.
- Any individual, partnership, corporation, association, institution, cooperative, enterprise, municipality, 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. In any provisions of this article prescribing the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
- PLASTIC CONTAINERS
- Empty plastic food, beverage and product containers, the specific types of which are PET 1 (e.g., soft drink bottles) and HDPE 2 (e.g., milk and water jugs, and detergent and shampoo bottles), and other containers as may be designated by resolution adopted by the Township Supervisors.
- RECYCLABLE COLLECTION PERMITTEE
- A person authorized by the township, through the issuance of a permit, to collect, transport and dispose of recyclables exclusively (and not municipal waste) for persons other than himself, his immediate family or persons for whom he is acting as an agent (as defined herein).
- Materials designated as recyclable in this article, or required by the terms of this article (or any amendment hereto) to be kept separate from municipal waste and recycled.
- The separation, collection, processing, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as municipal waste.
- RECYCLING FACILITY
- A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities. The term does not include the following:
Any composting facility.
Methane gas extraction from a municipal waste landfill.
Any separation and collection center, drop-off point or collection center for recycling, or any source-separation or collection center for composting leaf waste.
Any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day.
- Of or pertaining to any dwelling unit used as a place of human habitation, and which is not a commercial, municipal, institutional or community activity. Home occupations incidental to the residential use within a building are considered residential.
- Solid waste exclusive of garbage (e.g., nonrecyclable glass, metal, paper or plastic) and noncompostable plant material, wood or nonputrescible solid waste.
- STEEL CANS
- Empty food or beverage containers made of steel, tin-coated steel or other ferrous metal food or beverage containers.
- The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such municipal waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal. This presumption can only be overcome by clear and convincing evidence to the contrary.
- The Township of Tobyhanna, Monroe County, Pennsylvania.
- The off-site removal of any municipal waste at any time after generation thereof.
- A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of. The term does not include source-separated recyclable materials or material approved by the Department of Environmental Protection for beneficial use.
It shall be unlawful for any person to store, dump, discard or deposit, or to permit the storage, dumping, discarding or depositing of, any municipal waste or recyclables upon the surface of the ground or underground within the township, except in proper containers for purposes of storage or collection. Where the waste or recyclables are of such size or shape as not to permit their being placed in an appropriate container, said items shall be separately placed for collection and disposal, and proper arrangements shall be made for the disposal of the same. It shall be unlawful for any person to dump or deposit any municipal waste or recyclables in any stream or body of water or on any public right-of-way within the township.
Every owner of property or occupant thereof responsible for the day-to-day operation or maintenance of such property shall pick up and discard in any appropriate receptacle any municipal waste, recyclables or other debris deposited or accumulated on the industrial, institutional and municipal establishments in the township and shall take all reasonable precautions to prevent the deposit and accumulation of debris in front of their premises, and, in furtherance of that end, may place appropriate waste containers in front of or adjacent to their premises at a point which will not create a hazard to traffic or pedestrians. Any such receptacles so placed shall be emptied on a regular basis and maintained in a neat and clean appearance.
Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming operation, including composting and spreading of manure or other farm-produced agricultural waste, provided that such activities are conducted in accordance with all applicable laws, rules and regulations.
Bulk containers shall not be permitted to overflow or to have waste strewn or left about them on the ground. A violation of this provision shall be deemed a violation of this article by the person on whose property the bulk container is located, if it is located on private property.
Recyclables shall be kept separate from and disposed of separately from municipal waste, to the extent required by the following provisions:
Owners and occupants of all residential properties shall commingle the following recyclables: clear glass containers, brown glass containers, green glass containers, aluminum cans, bimetal cans and plastic containers. Newspapers, inserts within newspapers, corrugated cardboard, and junk mail shall be tied with twine or string or bagged in a paper bag and placed with recyclables.
Owners and occupants of all commercial, municipal and institutional establishments and properties and sponsors or organizers of community activities shall commingle the following recyclables: clear glass containers, brown glass containers, green glass containers and aluminum cans. Corrugated paper, high-grade office paper, inserts within newspapers, corrugated cardboard, and junk mail shall be bundled, tied or baled and placed with recyclables.
All recycled glass containers shall be kept intact and shall not be broken.
From time to time, the Township Supervisors may, by resolution, enumerate alternative recyclables which will be required to be separated from municipal waste and collected in accordance with this article.
For residential properties other than multifamily dwellings, all recyclables which are required to be kept separate from municipal waste in residential properties shall be placed at the curbside or at an appropriate location on the premises to be collected at times designated by the licensed hauler or recyclable collection permittee. The frequency of such collection shall be not less than once per month.
The recyclables are to be collected by a licensed hauler once they are placed at curbside.
For multifamily dwellings, all recyclables which are required to be kept separate from municipal waste in residential properties shall be picked up by a recyclable collection permittee or a licensed hauler separately from municipal waste, in a prearranged manner. If any recyclables are picked up by a recyclable collection permittee, then all recyclables generated at the property shall be made available to such recyclable collection permittee for collection, except as provided in § 119-22 below.
The landlord of every multifamily dwelling shall require, by a clause in the lease or other enforceable rule or regulation, that the tenants in such property comply with the requirements of this article governing separation and disposal or placement for removal of recyclables in multifamily dwellings. Every such landlord shall set up a convenient and practical collection system in such properties for the collection, storage and regular disposal or placement for removal of recyclables generated by the residents of such dwellings.
The collection system must include suitable containers for collection and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
Landlords who comply with the aforementioned requirements relative to multifamily dwellings shall not be liable for noncompliance of occupants of their buildings.
All recyclables which are required to be kept separate from municipal waste in commercial, municipal and institutional establishments and properties and community activities shall either be delivered directly to a recycling center or shall be picked up by a recyclable collection permittee or a licensed hauler separately from municipal waste, in a prearranged manner. If any recyclables are picked up by a recyclable collection permittee, then all recyclables generated at the property shall be made available to such recyclable collection permittee for collection except as provided in § 119-22. Commercial, municipal and institutional establishments and community activities shall not place recyclables within the public right-of-way for curbside collection, such curbside collection being intended solely for the placement of recyclables generated in residential properties other than multifamily dwellings.
The landlord of every multifamily dwelling shall complete a form, to be designated "Recycling Report -- Multifamily Dwelling," to be provided by the township, which shall indicate where the dwelling's recyclables are delivered and by whom the recyclables are picked up.
The recycling report and all weigh slips obtained from the facility or facilities to which the recyclables were delivered or taken shall be submitted quarterly to the township. For purposes of submitting such weigh slips and recycling reports quarterly to the township, the collector who removed the recyclables from the dwelling shall be the agent for the landlord and shall be responsible for completing and submitting such to the township. Each such quarterly report shall be submitted on or before the last day of the first month of each quarter, for the preceding quarter. Quarters shall run on a calendar-year basis thus: January through March; April through June; July through September; and October through December.
From the time of placement for collection of residentially generated recyclable items for collection in accordance with the terms of this article, the items shall be and become the property of the authorized collector. 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 such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
The presence of any articles containing a person's name among municipal waste and recyclables shall create a rebuttable presumption, for purposes of this article, that said municipal waste or recyclables are the property of the person whose name is found therein.
Any person accumulating or storing municipal waste on private or public property in the township for any purpose whatsoever shall place the same, or cause the same to be placed, in sanitary closed or covered containers in accordance with the following standards:
Containers used for the storage of municipal waste shall be of metal, plastic or fiberglass construction; rust and corrosion resistant; equipped with lids; and waterproof.
No person, except the occupants of the property on which a waste container is placed, a licensed hauler or a duly authorized township representative, shall remove the lid of the container and/or remove the contents thereof.
If a person or establishment (being so authorized by the terms hereof) collects and removes their own municipal waste, they shall do so at a minimum of every 30 days, or at shorter intervals, in order to prevent odors, vectors or accumulations of refuse or garbage that are unsafe, unsightly or potentially harmful to the public health. Any municipal waste so removed shall be disposed of in accordance with the requirements of this article.
No person other than a licensed hauler shall collect or remove municipal waste from any other person's property. All agreements for collection, transportation and disposition of municipal waste shall be by private contract between the owner or occupant of the property where the waste is generated and the licensed hauler who is to collect such waste.
Nothing herein shall limit the right of the township to implement public collection of solid waste either by entering into contracts or by engaging in any collection practice permitted by law.
Nothing in this section shall modify the requirements in this article pertaining to separation and disposal of recyclables. Nothing in this section shall impair the ability of the township to provide a system of placement or removal and public collection of leaf waste, or the township residents to utilize such system of public collection of leaf waste, anything herein contained to the contrary notwithstanding.
Any person transporting municipal waste within the township shall prevent or remedy any spillage or leakage from vehicles or containers used in the transport of such municipal waste.
All persons authorized to collect municipal waste shall do so in vehicles that are provided with either closed, covered containers or which have measures taken to prevent waste from being blown or falling from the vehicle.
The transfer of waste from one collection vehicle to another may not take place in the township, except on private property in those areas of the township designated for such by the township, if any. No such transfer may take place on any public right-of-way, and no such transfer operation may block traffic, create litter or in any other manner constitute nuisance, create a health hazard or violate any other ordinance of the township or provision of statutory law.
The township is hereby authorized to collect municipal waste from township property, to provide public litter baskets on public areas in the township and to dispose of such waste in either a receptacle of a licensed hauler or at designated disposal sites.
It shall be unlawful for any person, except for litter control, roadside cleanup and other persons duly authorized by the township, to collect and to transport municipal wastes of any nature or recyclables within or from the township. Authorization to collect, transport and dispose of municipal waste or recyclables for persons other than one's self or for whom one is acting as an agent (as defined in this article) may be given only by the township through the issuance of a hauler's license or a recyclable collection permit.
All licensed haulers and recyclable collection permittees shall follow and conduct themselves in accordance with their current license or permit and serve each of their customers in accordance with the requirements of this article, any failure of which shall be a violation of this article.
All applications for such licenses or permits shall be evaluated and approved in accordance with the following criteria:
Haulers' licenses will be issued on a calendar-year basis.
Haulers' licenses will be issued to only those persons who comply with the provisions and intent of this article, who show evidence of a valid Monroe County license and who provide their name, address and telephone number.
The township may deny a hauler's license for any of the following reasons:
If the applicant's hauler's license has previously been revoked or suspended for legal cause.
If the applicant has violated or is violating this article; the County Waste Management Ordinance; the Solid Waste Management Act; the Municipal Waste Planning, Recycling and Waste Management Act; or the Municipal Waste Planning, Recycling and Waste Reduction Act, as all may be amended from time to time, or any regulations of the Department of Environmental Protection relating to the environment and to solid waste, or has been convicted of any such violation.
Where, in the township or elsewhere, the applicant has failed to fulfill his duties as a municipal waste collector in general or, in particular, has failed to pick up municipal waste and recyclables in a workmanlike manner or on a regularly scheduled basis.
Haulers' licenses may be revoked at any time by the township in accordance with the following:
Failure of the licensee to furnish and provide collection and disposal of municipal waste and recyclables in accordance with the terms of this article and the conditions under which the license was issued.
In case of violation or failure to comply with the provisions of this section, the Township Supervisors shall give the licensee an opportunity for a hearing thereon. Any licensee so entitled to a hearing pursuant to this section shall have 10 days after notice to submit a written request for a hearing, and the failure of the licensee to so request a hearing shall be deemed to constitute an admission of the violation with which he is charged and which forms the basis of the revocation of his license. A hearing shall be scheduled before the Township Supervisors and the licensee given 10 days' written notice of the time and place of the hearing at which he shall appear to answer the charges.
Upon determination that a violation did occur, the Township Supervisors may issue a warning or may revoke the license.
The issuance of a hauler's license under this section does not grant a vested right to any collector to a continued right to haul or collect municipal waste and recyclables in the township, and the township reserves the right to contract public collection of municipal waste and/or recyclables.
Conditions relating to haulers' licenses:
An annual fee shall be paid for a hauler's license in accordance with a schedule of charges established by resolution of the Township Supervisors. The license fee shall not be proratable. The fee shall be submitted with each application for a license. Payment shall be made by check only, payable to the township.
Licensees shall have placed on the doors or each side of the body of each vehicle the name of the hauler, the telephone number of the hauler's office or headquarters and the type of waste being transported therein (or, if recyclables are being transported therein, then such is to be indicated). The size of such lettering shall be no less than six inches in height and clearly legible. Vehicles shall be so marked within 10 days after the commencement of their use in the township.
Licensees shall be responsible for the manner in which their employees perform work pertaining to collection, hauling and disposal of municipal waste and recyclables under the terms of this article.
The licensee shall pay all costs charged for the use of any disposal facilities which are utilized.
Licensees shall empty bulk containers (such as dumpsters), which have been provided by them to their customers, when such bulk containers become full.
Recyclable collection permit.
A person who is not a licensed hauler, as defined in this article, shall not collect, transport or dispose of recyclables for any persons other than himself or for whom he is acting as an agent (as defined in this article) unless he has applied for and obtained a valid recyclable collection permit authorizing such activity. Applications for such permit shall be made by submission to the township of a form to be prescribed therefor, completed by the applicant, accompanied by a fee for such permit to be set by resolution of the Township Supervisors. Recyclable collection permits shall be obtained annually and issued on a calendar-year basis.
As a condition of issuance of a recyclable collection permit, all recyclable collection permittees shall be required to take all of the recyclable material which they collect from their customers to a recycling facility.
Every hauler, as a precondition to being licensed to do business within the township, shall be required to provide to its residential, multifamily, commercial, municipal and institutional establishments and properties the service of removing recyclables from their properties at the curbside or an appropriate location on the premises. Any such recyclables so removed by licensed haulers shall be kept separate from municipal waste and shall be taken to a recycling facility for the purpose of recycling.
The township reserves the right by resolution to direct recyclables to a designated recycling facility.
No licensed hauler shall accept, pick up or remove any bag or other container of municipal waste which the hauler knows, or has reason to believe, contains recyclables combined with municipal waste. Upon discovery of such recyclables combined with municipal waste placed at curbside or otherwise placed for pickup, the hauler shall affix a tag or sticker to the container containing the recyclables.
In the event of any missed pickup, the collector shall collect from the missed location within 24 hours of notification from the missed resident, provided that the resident has abided by the terms of his or her contract with the hauler.
All complaints regarding collection of recyclables or municipal waste shall initially be reported to the collector. Any complaint which the collector fails to resolve shall be reported, in writing, to the township.
Nothing contained herein shall impair or prohibit any recognized civic, fraternal, charitable or benevolent organization, association or society from undertaking the collection of recyclables from the public. Any such collection facility can only occur prior to the recyclable materials' being placed at curbside or a similar location for collection by an authorized collector. Prior to initiating such activity, the organization shall obtain authorization from the township.
This article shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this article shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues, or is permitted to continue, shall constitute a separate offense. Each section of this article that is violated shall also constitute a separate offense.
The various headings used through this article are intended only as an aid in its organization, in order to facilitate ease of reading, and are not to be considered a substantive part of this article. In this article, unless the context clearly indicates otherwise, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine and neuter.