[HISTORY: Adopted by the Board of Supervisors
of the Township of Middle Smithfield 7-27-2012 by Ord. No. 186. Amendments
noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 132.
A.
All domestic, commercial, institutional and industrial recyclables
accumulated upon any property within Middle Smithfield Township shall
be collected and removed at curbside, roadside or similar location
on the premises by an authorized collector. Waste shall be disposed
of in accordance with the Solid Waste Management Act, 35 P.S. § 6018.101
et seq.
B.
This chapter shall provide a mandatory recycling program and govern
all aspects of the collection, storage, transportation, processing
and disposal of municipal solid waste in Middle Smithfield Township.
It contains regulations applicable to collectors of municipal waste,
collectors of recyclables, individuals, commercial, municipal and
institutional establishments, and community activities.
The purpose of this chapter is to establish a program for the
mandatory source separation and separate collection of designated
recyclable materials, to include leaf waste, from residences and properties
receiving municipal waste collection service from or on behalf of
the Township of Middle Smithfield for recycling purposes; to prohibit
the disposal of designated recyclable materials into the conventional
municipal waste disposal system; to empower the Township to promulgate
and adopt reasonable rules and regulations therefor; and to fix penalties
for violation of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
One who performs an act for his immediate family or for another
person gratuitously (without any form of monetary or material compensation
therefor).
Empty all-aluminum beverage and food containers.
The Monroe County Municipal Waste Management Authority, or
other municipal authority incorporated by the county and organized
and existing under the Pennsylvania Municipalities Authorities Act,
as amended, 53 Pa.C.S.A. § 5601 et seq., for the purpose
of regulating the collection and/or disposal of solid waste and recyclables
in the county.
A collector of municipal wastes and recyclables, including
leaf materials, licensed and approved by the Monroe County Municipal
Waste Management Authority (MCMWMA), or any such succeeding governmental
entity have authority to regulate the collection and/or disposal of
municipal and recyclables in the county generally, or Middle Smithfield
Township specifically.
Empty food or beverage containers consisting of both steel
and aluminum.
Any large durable goods such as refrigerators, washing machines,
window air conditioners, hot water heaters, dishwashers, and any other
major home appliances, in addition to other large bulk items, such
as dressers, beds, mattresses, sofas, television sets, and other large
household items.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, or financial or professional service or office enterprise,
business or establishment.
Recyclables mingled or blended together, placed in the same
container.
Events sponsored in whole or in part by a municipality, or
conducted within a municipality and sponsored privately, which include
but are not limited to fairs, bazaars, socials, picnics, and organized
sporting events that will be attended by 200 or more individuals per
day.
The process of the biological decomposition of organic solid
waste being biologically decomposed under controlled anaerobic or
aerobic conditions to yield a humus-like product.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, of the type normally used to make packing
cartons and boxes.
That location at the edge of any lot, parcel or piece of
land adjacent to a public right-of-way or roadway, and which location
is most accessible and/or convenient to any authorized collector for
the purpose of collecting municipal waste and/or recyclables.
The Pennsylvania Department of Environmental Protection.
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.
Recyclable materials generated by persons in residential
establishments, including residential subdivisions and residential
developments.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
All empty food and beverage jars or bottles, the product
being transparent or translucent (clear, green or brown). Expressly
excluded are noncontainer glass, window or plate glass, light bulbs,
blue glass and porcelain and ceramic products.
Bond, copier, letterhead or mimeograph paper typically sold
as "white ledger" paper, and computer paper.
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 from trees, bushes and other plants, garden residue,
shrubbery and tree trimmings and similar materials, but not including
grass clippings.
See "authorized collector."
Printed matter, also known as "periodicals," containing miscellaneous
written pieces 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.
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 Middle Smithfield Township, any counties, cities, boroughs,
townships, and municipal authorities.
Any garbage, refuse, industrial, lunchroom or office waste
and other materials, 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, except
farm-produced manure, other agricultural waste, and food processing
waste used on land, where such materials will improve the condition
of the soil, the growth of crops, or the restoration of the land for
the same purposes, and any sludge not meeting the definition of "residual
or hazardous waste," as defined in the Commonwealth of Pennsylvania
Solid Waste Management Act.[1] The term does not include source-separated recyclable
materials or leaf waste.
Any facility that is designed, operated, used and/or maintained
for the disposal of municipal waste. 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.
See "newsprint."
Paper of the type commonly referred to as "newspaper" and
distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing 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 chapter prescribing a fine,
imprisonment or penalty, or any combination of the foregoing, the
term "person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
The Monroe County Municipal Waste Management Plan, as now
or hereinafter amended.
Empty plastic food and beverage containers, the specific
types of which are:
A business or association of homeowners within a community
whose principal purpose is to ensure the provision of and maintenance
of community facilities and services for the common benefit of the
residents of the association, including arranging for solid waste
and recycling services.
Materials designated as "recyclable" in this chapter, or
required by the terms of this chapter (or any amendment hereto) to
be kept separate from municipal waste and recycled. The term includes
leaf waste.
A facility employing a technology and/or 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:
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.
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 may be overcome
only by clear and convincing evidence to the contrary.
Middle Smithfield Township, Monroe County, Pennsylvania.
A facility which receives and processes or temporarily stores
municipal or residual waste at a location other than the generation
site and which facilitates the transportation or transfer of municipal
or residual waste to a processing or disposal facility. The term includes
a facility that uses a method or technology to convert part or all
of such waste materials for off-site refuse. The term does not include
a collection or processing center that is only for source-separated
recyclable materials, including clear glass, colored glass, aluminum,
steel and bimetallic cans, high-grade office paper, newsprint, corrugated
paper and plastic; nor does the term include the centrally designated
location of a development where agents of the lot owners have gathered
the waste from the development for collection by authorized collectors.
The removal from any site or location of any municipal waste
or recyclable materials 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, leaves, or material approved by the Commonwealth of Pennsylvania,
Department of Environmental Protection for beneficial use.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
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, and except where the waste or recyclables are of such
size or shape as not to permit their being placed in such containers.
It shall be unlawful for any person to dump or deposit any municipal
waste or recyclables or leaf waste in any stream, body of water or
on any public right-of-way within the Township.
B.
Every owner of property or occupant thereof responsible for the property's
day-to-day operation or maintenance shall pick up and discard in any
appropriate receptacle any municipal waste, recyclables or other debris
and place same at the curbside location or on the sidewalk or gutter
in front of or adjacent to his/her property. All owners or operators
of commercial, institutional and municipal establishments in the Township
shall take all reasonable precautions to prevent the deposit and accumulation
of debris on their premises.
C.
Nothing contained herein shall prohibit a duly constituted property
owners' association or corporation from assembling municipal
waste or recyclables at a central, accessible location, provided such
activities are conducted and confined within the boundaries of that
real estate development or subdivision, as defined herein, lawfully
recorded and recognized as such.
D.
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 such activities are conducted in accordance with all applicable
laws, rules and regulations.
E.
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 chapter by the person on whose
property the bulk container is located, if it is located on private
property.
F.
No waste or recyclables shall be allowed to accumulate on the ground
or be disposed of on highways, Township roads, vacant lots or other
property, nor be thrown in any stream or other body of water.
A.
No person shall ignite, cause, feed, permit or maintain any open
fire for the destruction of solid waste recyclables or leaf waste
designated in this chapter on any property under his or her control,
except as hereinafter provided.
B.
Exceptions to open-burning prohibition:
(1)
A fire set to prevent or abate a fire hazard, when written approval
is provided by the Department of Environmental Protection's Regional
Air Quality Program office and set by or under the supervision of
a public officer.
(2)
A fire set for the purpose of burning, clearing and grubbing waste.
If within an air basin, an air curtain destructor must be used and
must be approved by the Department of Environmental Protection's
Regional Air Quality Program office.
(3)
Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of his farming operations, provided such activities
are conducted in accordance with all applicable laws, rules and regulations.
(4)
A fire set solely for cooking food, outdoor campfires and small bonfires
for ceremonies or recreation are allowed provided they do not cause
a nuisance.
(5)
No open burning shall occur during any fire ban emergency declared
pursuant to this provision.
(6)
Persons responsible for any large fires are encouraged to contact
the Monroe County Control Center and provide the time and location
of the fire.
A.
Persons shall separate clear, green and brown glass containers; aluminum;
steel and bimetallic cans; plastic containers; and newsprint from
other municipal waste generated at their homes, apartments and other
residential establishments and shall store such materials until collection.
(2)
Nothing in this chapter or regulation shall be deemed to impair the
ownership of separated materials by the person who generated them
unless and until such materials are placed at curbside or similar
location for collection.
B.
Persons shall separate leaf waste from other municipal waste generated at their homes, apartments and other residential establishments until collection, unless those persons have otherwise provided for the composting of leaf waste. An owner, landlord or agent of an owner or landlord of multifamily rental housing with four or more units or the residents of multifamily residential properties acting by and through a duly constituted property owners' association may comply with this section by establishing a collection system for recyclable materials at each property, as noted herein below in § 155-8. Nothing herein shall require any person to gather leaf waste or prevent any person from utilizing leaf waste for compost, mulch, or other agricultural purposes.
C.
Persons shall separate high-grade office paper, clear glass containers,
aluminum, steel and bimetallic cans, plastic containers, newsprint,
corrugated paper and leaf waste generated at commercial, municipal
or institutional establishments and from community activities and
shall store the material until collection.
D.
Persons occupying commercial, institutional and municipal establishments
within Township borders shall be exempt from the requirements of this
chapter or regulation if those persons have otherwise provided for
the recycling of materials they are required by this section to recycle.
To be eligible for an exemption under this subsection, a commercial
or institutional solid waste generator must annually provide written
documentation to the municipality of the total number of tons recycled.
Unless otherwise provided for composting, all persons who gather
leaf waste shall keep leaf waste, from trees, bushes and other plants,
garden residue, shrubbery and tree trimmings but not including grass
clippings, separate from all other forms of municipal waste and separate
from recyclables. Such leaf waste shall be set out for collection
at the times and in a manner to be designated by the Township and
shall be collected and delivered by the Township to a leaf composting
facility. The leaf waste collection schedule shall be advertised by
the Township two weeks prior to the fall and spring collections.
A.
For residential properties, all recyclables which are required to
be kept separate from municipal waste and shall be placed at curbside
or some appropriate location on the premises designated by the authorized
collector to be collected at times designated by the authorized collector
or agent. The preparation for collection of recyclable materials shall
be made in accordance with the instructions provided by the authorized
collector and which are consistent with the terms of this chapter.
The frequency of such collection shall be not less than once per calendar
month during a week of each month designated by the Township on designated
day or days approved by the Township Recycling Coordinator, after
consultation with the applicable authorized collector. Each authorized
collector shall identify to the Township Recycling Coordinator the
day or days, during the designated week, each month that the authorized
collector desires to make collection of recyclables. Once days are
approved by the Recycling Coordinator, each authorized collector shall
inform his customers of the designated day the customer is to place
the customers separated recyclable materials at the curbside, or similar
location on the premises, for collection. No change in the authorized
collector's schedule shall be made without the prior approval
of the Township Recycling Coordinator.
B.
An owner, landlord or agent of an owner or landlord of multifamily
residential housing properties with four or more units or the residents
of multifamily or single residential properties acting by and through
a duly constituted property owners' association who may contract
with an authorized collector and aggregate/gather (in acceptable containers)
together municipal waste or recycling at collection points, shall
establish a collection system for recyclable materials at each property
and pickup by an authorized collector.
(1)
The collection system must include suitable containers for collection
and sorting materials, easily accessible locations for the containers,
and written instructions to the occupants or residents concerning
the use and availability of the collection system.
(2)
Owners, landlords, agents of an owner or property owners' associations
shall complete a form to be designated "Recycling Report," to be provided
by 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. Such owners, landlords, agents and homeowners'
associations may comply with the reporting requirements hereunder
by requiring their municipal waste collector to provide said documentation
and certification directly to the Township.
(3)
Owners, landlords and agents of owners or landlords who comply with
the aforementioned requirements shall not be liable for the noncompliance
of occupants of their building.
A.
All recyclables which are required to be kept separate from municipal
waste in commercial, municipal and institutional establishments and
community activities shall either be delivered directly to a recycling
center or shall be picked up by an authorized collector separately
from municipal waste in a prearranged manner. Commercial, municipal
and institutional establishments and community activities shall establish
a collection system for recyclable materials at each property and
pickup by an authorized collector. Commercial, municipal and institutional
establishments and community activities shall not place recyclables
within or near 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 housing
properties.
B.
Commercial, municipal and institutional establishments .
(1)
The collection system must include suitable containers for collection
and sorting materials, easily accessible locations for the containers,
and written instructions to the occupants or residents concerning
the use and availability of the collection system.
(2)
Commercial, municipal and institutional establishments shall complete
a quarterly recycling report form to be designated "Recycling Report,"
to be provided by the Township, together with copies of all weigh
slips, indicating the weight and types of all recyclables collected.
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. Such commercial, municipal and institutional establishments
may comply with the reporting requirements hereunder by requiring
their authorized collector to provide said documentation and certification
directly to the Township.
C.
Community activities.
(1)
Community activities shall have provisions for recycling containers
to, at a minimum, collect commingled (aluminum, glass and plastic)
beverage containers. The sponsor of the event shall be responsible
for providing the containers and collection and transport by an authorized
collector for these events.
(2)
The sponsor shall provide and shall complete a form to be designated
"Recycling Report," to be provided by the Township together with copies
of all weigh slips, indicating the weight and types of all recyclables
collected and the place of disposition of materials recycled. Reports
shall be provided within 30 days of the event. Such persons may comply
with the reporting requirements hereunder by requiring their municipal
waste collector to provide said documentation and certification directly
to the Township. Community activity recycling shall be reported independently
of normal routine weekly pickups at the location.
A.
Quarterly recycling reports. All collectors shall submit to the Township
a quarterly recycling report form to be designated "Recycling Report,"
together with copies of all weigh slips, indicating the weight and
types of all recyclables collected within 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 of residentially generated recyclable
items for collection in accordance with the terms of this chapter,
the items shall be and become the property of the authorized collector.
It shall be a violation of this chapter for any unauthorized person
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 chapter, that said municipal waste or recyclables
are, or were, the property of the person whose name is found therein.
Any person accumulating or storing municipal waste or recyclables
on private or public property within the Township, including recyclables
assembled within a property owners' association, for any purpose
whatsoever shall place the same, or cause the same to be placed, in
a closed or covered sanitary container, in accordance with the following
standards:
A.
Containers used for the storage of municipal waste shall be of plastic
or metal construction, equipped with lids, and waterproof. All such
containers shall be approved by the Township.
B.
No person, except the occupants of the property on which a waste
container is placed, an authorized collector, the Township Zoning
Officer or such other person as the Township may designate, and/or
a duly authorized agent or representative of a property owners'
association or corporation recognized as such by the Township, shall
remove the lids of the container and/or remove the contents thereof.
C.
All recyclables will be placed in the above mentioned containers.
Prior to such placement. All containers shall be rinsed and cleaned
prior to placement in the recycling container for curbside pickup.
A.
Mandatory municipal waste collection services. Every owner or occupant
of residential homes, apartments, and other residential establishments
shall contract with an individual, entity or firm that is an authorized
collector to have all municipal waste, generated on the premises by
any of the occupants, removed and deposited at a permitted facility
on a weekly basis or more often, unless the home, apartment or other
residential building is unoccupied. Each contract must be in writing
and contain the name and address of the owner or occupant of the property
and the name and address of the responsible authorized collector.
B.
Scheduled collection days for municipal waste. Authorized collectors
shall schedule collection days, at least once per week, during which
municipal waste is to be placed at the curbside, or similar location
on the premises, for collection.
C.
Authorized collectors shall be responsible to distribute recycling
information outlining program details to each customer twice annually,
once every six months, compliant with the requirements of the Township
and Act 101.[1] A copy of said information shall be provided to the Township
at the time of distribution.
[1]
Editor's Note: See 53 P.S. § 4000.101et seq.
D.
Authorized collectors contracted for residential municipal waste
collection shall offer a variable rate pricing, a base price for specified
number of thirty-gallon containers of municipal waste. Collection
of municipal waste in excess of the base amount shall be priced on
specified incremental volumes or per thirty-gallon container.
E.
Proof of contract required. Whenever requested by the Township, the
owner or occupant of any residential establishment shall present proof,
adequate in the judgment of the Township, that the owner or occupant
of said residential establishment has a current contract with an authorized
collector to dispose of municipal waste generated on the premises
on a weekly basis or more often. The owner or occupant of the premises
shall have 72 hours to provide proof to the Township that the owner
or occupant has a current contract with an authorized collector to
provide sufficient service to satisfy the terms and conditions of
this chapter.
F.
Duties of collectors. Any authorized collector picking up municipal
waste in the Township shall be required to advise the Township in
writing, within 72 hours after request from the Township, as to whether
an owner or occupant has a current contract for municipal waste disposal
from his/her premises. Further, all authorized collectors shall cooperate
with the Township in providing information in the event that an action
is taken to enforce the terms and conditions of this chapter.
G.
If persons or establishments, being so authorized by the terms hereof,
collect and remove their own municipal waste and/or recyclables, they
shall do so at a minimum of once weekly for municipal waste and at
least once per month for source-separated recyclables and leaf waste,
or more often as necessary, 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 chapter.
H.
No person other than an authorized collector shall collect or remove
municipal waste or recyclables from any other person's property,
unless otherwise provided for herein. All agreements for collection,
transportation and disposition of municipal waste and/or recyclables
shall be by private contract between the owner and/or occupant of
the property where the material is generated or on their behalf by
a properly authorized property owners' association and the collector
who is authorized to collect the same.
I.
Nothing herein shall limit the right of the Township to implement
public collection of solid waste and/or recyclables either by entering
into contracts or by engaging in any collection practice permitted
by law.
J.
Nothing in this section shall modify the requirements in this chapter
pertaining to the separation and collection of recyclables.
A.
All authorized collectors shall prevent or remedy any spillage or
leakage from vehicles or containers used in the transport of municipal
waste as well as recyclables.
B.
All authorized collectors of municipal waste and source-separated
recyclables shall collect and remove municipal waste as well as source-separated
recyclables in motor-driven vehicles having enclosed, leak-proof bodies
with covers made of such materials as to prevent the contents from
escaping.
C.
The transfer of waste or source-separated recyclables 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 a nuisance, create a health hazard
or violate any other ordinance of the Township, provision of statutory
law or the Monroe County Municipal Waste Management Authority's
rules and regulations.
The Township is hereby authorized to collect municipal waste
and/or recyclables to include leaf waste from Township property, to
provide public litter baskets in the Township, and to dispose of such
waste in either a receptacle of an authorized collector or at designated
disposal sites.
A.
It shall be unlawful for any person, except for litter control and/or
roadside cleanup personnel and others duly authorized, to collect
and to transport waste of any nature or recyclables within or from
the Township. Authorization to collect, transport and dispose of municipal
waste and/or recyclables for persons other than oneself or persons
for whom one is acting as an agent shall be licensed and approved
by the Monroe County Municipal Waste Management Authority.
B.
All authorized collectors shall have an affirmative duty to follow
and conduct themselves in accordance with their current license or
permit and to service each of their customers in accordance with their
current license or permit and the requirements of the Municipal Waste
Planning, Recycling and Waste Reduction Act of 1988, as amended, 53
P.S. § 4000.101 et seq.; the Solid Waste Management Act
of 1980, as amended, 35 P.S. § 6018.101 et seq.; and the
Waste Transportation Safety Act of 2002, as amended, 27 Pa.C.S.A. § 6201
et seq.
Any person granted a license or permit, pursuant to the terms
of this chapter, shall not in any manner be construed as an agent,
servant or employee of Middle Smithfield Township, but shall, at all
times, be considered and remain an independent contractor. Likewise,
no property owners' association or corporation which assembles
municipal waste or recyclables within a development shall be construed
as an agent, servant or employee of Middle Smithfield Township.
All authorized collectors shall establish rates to be charged
for the removal of municipal waste and source-separated recyclables;
no person or entity shall be permitted to opt out of either municipal
waste collection or source-separated recyclable collection. The rate
charged must be for both services. All authorized collectors shall
enter into individual or separate contracts with each household or
occupant of the premises, without liability to or upon Middle Smithfield
Township.
Each authorized collector shall dispose of municipal waste as
well as source-separated recyclables and leaf waste at a licensed
and approved disposal and/or recycling facility as approved by the
MCMWMA.
Every authorized collector shall be required to provide, in
addition to municipal waste removal, to its residential, multifamily,
commercial, municipal and institutional customers, the service of
removing recyclables. Any such recyclables so removed by authorized
collectors shall be kept separate from municipal waste and shall be
taken to a recycling or compost facility for the purpose of recycling
as provided herein.
The Township reserves the right, by resolution, to direct recyclables
to a designated facility.
No authorized collector shall accept, pick up or remove any
bag or other container of municipal waste which the collector knows,
or has reason to believe, contains recyclables, combined with municipal
waste, placed at curbside or otherwise placed for pickup. The collector
shall affix a violation notice to the container containing the recyclables.
No person shall terminate the services of an authorized collector
because of said collector's compliance with the rules and regulations
of this chapter.
In the event that any authorized collector misses a collection,
the authorized collector shall collect from the missed location within
24 hours of notification from the missed person, provided that the
person has abided by the terms of the contract with the authorized
collector.
A.
All complaints regarding the collection of municipal waste and/or
recyclables shall initially be reported to the authorized collector.
Any complaint that the authorized collector fails to resolve shall
be reported, in writing, to the Township.
B.
The Township Board of Supervisors shall have the right to investigate
all complaints and to determine the validity of any complaints received
from any person as to the failure of an authorized collector's
failure to act in accordance with this chapter.
Nothing contained herein shall impair or prohibit any recognized
civic, fraternal, charitable or benevolent organization, association
or society from undertaking or sponsoring voluntary programs or projects
involving the collection of recyclables from the public. Any such
collection activity can only occur prior to the recyclable materials
being placed at curbside or similar location for collection by an
authorized collector. Prior to initiating such activity, the organization
shall obtain authorization from the Township.
A.
Any person, as defined herein, who violates any provision of this
chapter shall, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
be sentenced to pay a fine of not less than $300 nor more than $1,000,
plus costs and reasonable attorneys' fees, and, in default of
payment of said fine, costs and attorneys' fees, to a term of
imprisonment not to exceed 90 days.
B.
Each day that a violation of this chapter continues, or each section
of this chapter which shall be found to have been violated, shall
constitute a separate offense.
C.
For the purposes of this chapter, the doing of an act or thing prohibited
by any provision of this chapter or the failure to do any act or thing
to which any provision of this chapter creates an affirmative duty
shall constitute a violation of this chapter, punishable as herein
stated.
D.
Middle Smithfield Township shall designate an individual or entity
responsible for enforcement of this chapter.
A.
The various headings used throughout this chapter 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 chapter.
B.
In this chapter, 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.
