[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:
AGENT
One who performs an act for his immediate family or for another person
gratuitously (without any form of monetary or material compensation therefor).
APPLICANT
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.
COLLECTOR
Any person who collects municipal waste or recyclables.
COMMERCIAL
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation or financial or professional service or office enterprise,
business or establishment.
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.
COMPOSTING
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.
DISPOSAL
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.
GARBAGE
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).
INSTITUTIONAL
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.
LANDLORD
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.
MAGAZINES
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.
MUNICIPAL
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.
NEWSPAPER
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.
PERSON
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).
RECYCLABLES
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.
RECYCLING
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:
B. Methane gas extraction from a municipal waste landfill.
C. Any separation and collection center, drop-off point
or collection center for recycling, or any source-separation or collection
center for composting leaf waste.
D. Any facility, including all units in the facility, with
a total processing capacity of less than 50 tons per day.
RESIDENTIAL
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.
RUBBISH
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.
STORAGE
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.
TOWNSHIP
The Township of Tobyhanna, Monroe County, Pennsylvania.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation
thereof.
WASTE
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.
Recyclables shall be kept separate from and disposed of separately from
municipal waste, to the extent required by the following provisions:
A. 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.
B. 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.
C. All recycled glass containers shall be kept intact and
shall not be broken.
D. 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.
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.
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:
A. 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.
B. 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.
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.
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.