Township of Schuylkill, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Schuylkill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 230.
[Adopted 12-5-2007 by Ord. No. 2007-09]

§ 303-1 Background.

A. 
Existing ordinance description. The Schuylkill Township Recycling Ordinance is hereby revised by rescinding the Recycling Ordinance enacted on June 5, 1991, and adopting the following:
B. 
Legislative history.
(1) 
This article is adopted pursuant to Article 1, Section 27, of the Constitution of Pennsylvania, and Act of Assembly, July 28, 1988, No. 101, 53 P.S. § 4000.101 et seq., for the following purposes:
(2) 
Whereas, Section 27 of Article I of the Constitution of the Commonwealth of Pennsylvania provides that the people have the right to clean air, pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the commonwealth shall conserve and maintain them for the benefit of all the people; and
(3) 
Whereas, the Act of July 28, 1988, No. 101, known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," provides that each municipality of the commonwealth shall have the power and duty to adopt and implement programs for the collection and recycling of municipal waste or source-separated recyclable materials; and
(4) 
Whereas, conservation of recyclable materials has become an important public concern because of the growing problem of solid waste disposal and its impact on our environment; and
(5) 
Whereas, the remaining permitted solid waste landfills are reaching their capacity; and
(6) 
Whereas, there is an increasing necessity to conserve our natural resources; and
(7) 
Whereas, the collection of recyclable materials from residences and commercial, industrial, and institutional establishments promotes the general public interest; and
(8) 
Whereas, the adoption and implementation of recycling will effect the conservation of natural resources, the protection of the right of the people to clean air, pure water and preservation of the environment;
C. 
Short title. This article shall be known as the Township of Schuylkill "Recycling Ordinance" and the same may be cited in that manner.
D. 
Purpose. The Township of Schuylkill recognizing the reclamation of recyclable materials has become an important method for addressing the growing solid waste disposal problem through conservation of landfill space, preservation of natural resources, and a reduction in energy consumption, does hereby authorize the storage, collection, and transportation or recyclable materials in accordance with the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act (No. 101), the Chester County Solid Waste Management Plan, and this article. This article is intended to be an integral part of an overall system designed to facilitate recycling and foster the cooperation of the residents.

§ 303-2 Definitions.

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 article:
AUTHORITY
Chester County Solid Waste Authority.
CANS
Aluminum cans (i.e., soda), tin (steel) cans; all food cans (i.e., vegetables, fruit, pet food, juice, coffee, etc., including large economy size), aluminum pie tins and foil; all items must be rinsed and cleared.
COMMERCIAL
Any establishment engaged in a nonmanufacturing or nonprocessing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, and theaters. Multifamily dwellings, town homes, mobile home parks, hotels, motels, mixed-use properties (combined business/residential on a single parcel) and farms which use commercial dumpsters shall be considered commercial establishments. Does not include properties where primary permitted use is residential and accessory use is commercial (i.e., home occupations as defined by Chapter 370, Zoning).
COMMUNITY ACTIVITIES
Church, school, civic, service group, municipal functions, and all other such functions conducted within Schuylkill Township 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.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges. (i.e., cardboard)
CURBSIDE RECYCLING COLLECTION
The scheduled collection and transportation of recyclable materials placed at the curbline or other area designated by the collector.
CUSTOMER
The owner of any residential, commercial, industrial, or institutional property located within the Township.
DESIGNATED AGENT
An agent such as Council of Governments acting on behalf of a municipality whose powers and responsibilities are established in an intergovernmental agreement or similar document.
DROPOFF SITES
Those specified locations, staffed or unstaffed, where recyclable materials may be taken at specified times.
DWELLING
Any building or other structure designed and occupied exclusively for residence purposes, including an apartment and mobile home, but excluding rental units in a motel, rooming house, institutional home, dormitory, and the like.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with the responsibilities of administering this article, or the official authorized representative.
EXCLUSIVE CONTRACT
An agreement entered into by Schuylkill Township, or its designated agent, with a private person or corporation for the collection and disposal of all municipal waste within Schuylkill Township to the extent provided by this article and the agreement.
GLASS CONTAINERS
Bottles and jars made of clear or colored glass. Expressly excluded are noncontainer glass, mirrors, automobile glass, dishware, plate glass, crystal, light bulbs and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper, and computer paper used in commercial, industrial, institutional and municipal establishments.
INDUSTRIAL
Any establishment engaging in manufacturing or processing including, but not limited, to factories, foundries, mills, processing plants and refineries.
INSTITUTIONAL
Any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
LEAD ACID BATTERIES
Shall include, but not be limited to, automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes, and other plants, garden residue, chipped shrubbery and tree trimmings, but not including grass clippings.
LICENSED HAULER
A person who has obtained a license from the Township or its designated agent authorizing said person to collect, transport, and/or dispose of municipal solid waste, recyclable materials and bulk waste from residential, commercial, industrial and institutional establishments. The term may be applied to a person having the exclusive right to collect within the Township.
MAGAZINES AND CATALOGS
Glossy publications including catalogs.
MUNICIPAL SOLID WASTE
Any garbage, refuse, industrial lunchroom, or office waste and any other material including solid waste, liquid, semisolid or contained gaseous materials resulting from the operation of residential, municipal, commercial, industrial, or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial, industrial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facilities (Pennsylvania Act 101, Section 103).
MUNICIPAL WASTE COLLECTOR
Any person collecting or transporting municipal waste or recyclable materials for owners or occupants of property in Schuylkill Township, and any business or institution within Schuylkill Township which generates municipal waste or recyclable materials and uses its own employees and equipment for the collection or transportation of municipal waste or recyclable materials. All municipal waste collectors shall be registered pursuant to the provisions of Article II, Municipal Waste Collection.
NEWSPAPER
All paper of the type commonly referred to as newsprint and distributed at fixed intervals having printed thereon news and opinions, containing advertisements and other matters of public interest including glossy inserts. Expressly excluded is junk mail included with newspapers.
PERSON
An individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PLASTIC
Bottle and jar containers only (i.e., milk, water, soda, detergent, shampoo). Rinse and crush. Excluded are motor oil bottles, plastic cups, flowers, pens, toys, plastic wrap and Styrofoam.
RECYCLABLE MATERIALS
Source-separated recyclable materials, including materials listed in Section 1501 of Act 101 and materials identified by the Township to be recycled.
RESIDENTIAL
See "dwelling unit."
SOURCE SEPARATION
The separation of recyclable materials from municipal waste at the points of origin for the purpose of recycling.
TOWNSHIP
The governmental jurisdiction and legal entity of the Township of Schuylkill, County of Chester, Pennsylvania.

§ 303-3 General.

Those recyclable materials separated under the provisions of this article shall not be considered municipal waste and shall not be subject to provisions of Township ordinances which require disposal of municipal solid waste at the Chester County Solid Waste Authority facilities by a hauler registered by the Township or its designated agent.

§ 303-4 Establishment of program.

There is hereby established a program for the mandatory source separation and collection for recyclable materials and leaf waste within Schuylkill Township, Chester County, Pennsylvania. No person shall dispose of municipal waste, recyclable materials or leaf waste within Schuylkill Township except in accordance with this article. The use of a municipal waste collector will not relieve any person from compliance with this article.

§ 303-5 Recycling by licensed hauler.

A. 
All recyclable materials generated within the Township shall be collected by a municipal waste collector who is registered by the Township or its designated agent. Commercial, industrial and institutional establishments may utilize an individual recycling program in conformance with § 303-6. All municipal waste collectors must report quarterly to the Township the total amount of recyclable materials collected for the quarter. The municipal waste collector will also provide a yearly total collected in the first quarter of a current year for the previous year's collection. The quarterly and yearly reports shall contain a listing of types of recyclable material collected, whether it was collected from residential, commercial, industrial or institutional use and to what facility the recyclable materials were taken.
B. 
The Township or its designated agent may, through a competitive bidding process, award an exclusive service contract for all or part of residential recycling collection.

§ 303-6 Individual recycling plan.

A. 
Commercial, industrial, and institutional establishments conducting their own recycling programs, not in conjunction with a registered hauler 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 or its designated agent and have approved by the Township or its designated agent, plans for individual recycling programs which provide for, at a minimum, the recycling of items listed in rules and regulations for the recycling program.
B. 
In addition to filing an individual recycling plan, commercial, industrial, and institutional customers who choose to establish an individual recycling program are required to submit semiannually to the Township or its designated agent, weigh slips or other certification which show by weight and type of material recycled by that establishment. If weigh slips are not used, the form of certification requires the prior approval of the Township or its designated agent. Required information is due within 60 days of the end of the reporting period designated in the regulations for the recycling program.
C. 
An individual recycling plan for commercial, industrial, or institutional establishments shall provide the following information:
(1) 
Applicant's company name, address, telephone number contact person and owner's name.
(2) 
Company name, address, telephone number and contact person for entity providing the recycling service.
(3) 
Description of materials to be recycled, frequency of collection, method of storage and how service will be provided.
(4) 
Form of certification to assure proper disposal of recyclable materials.
(5) 
Municipality in which the establishment is located.
(6) 
Other information as may be required by the Township or its designated agent which is intended to assure the proper disposal of recyclable materials.

§ 303-7 Establishment of regulations.

The collection of municipal waste and recyclable materials by municipal waste collectors shall be made in compliance with the rules and regulations adopted by the Board of Supervisors of Schuylkill Township to carry out the intent and purpose of this article. Such rules and regulations shall be approved by resolution of the Board of Supervisors and, when so approved, shall have the same force and effect as the provisions of this article. Said rules and regulations may be amended, modified or repealed by resolution of the Board of Supervisors.

§ 303-8 Special items.

A. 
Lead acid batteries. No person shall place a used lead acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead acid battery except by delivery to an automotive battery retailer or wholesaler, to a secondary lead smelter permitted by the Environmental Protection Agency, or to a collection or recycling facility authorized under the laws of the Commonwealth of Pennsylvania.
B. 
Leaf collection.
(1) 
All residential customers and commercial, industrial, or institutional establishments who gather leaves shall separate all leaf waste from municipal solid waste and place it for collection at the times and in the manner theretofore or hereafter prescribed by the Township. Nothing herein shall require any person to gather leaf waste or prevent any person from utilizing leaf waste for compost, mulch, or other agriculture, horticulture, silvicultural, gardening or landscape purposes.
(2) 
Leaf and yard waste quantities collected should be reported quarterly by registered haulers including the facility to which the material is taken.

§ 303-9 Illegal dumping and open burning.

A. 
No person shall store, process or dispose of any regulated municipal waste or designated recyclable material except at a facility or in preparation for collection by a permitted collector as provided herein. Not withstanding the foregoing, yard waste may be composted.
B. 
Any accumulation, dumping or depositing of trash, garbage, ashes rubbish and/or other refuse on any private or public property or grounds within the Township of Schuylkill is hereby prohibited.
C. 
No person shall process or dispose of any recyclable materials including yard waste through open burning.

§ 303-10 Collection by unauthorized persons (anti-scavenging).

A. 
It is understood that any recyclable materials located at the curbline are the property of the Township. It is further understood that any recyclable materials deposited at dropoff sites, or in storage bins associated with residential dwellings, or commercial, municipal, industrial and institutional establishments, are the property of the owner. Recyclable materials deposited in containers owned by the Chester Solid Waste Authority are the property of the Authority.
B. 
It shall be a violation of this article for any person(s) to collect or remove or cause to be collected or removed any such recyclable materials specified by the Township rules and regulations unless authorized by the Township, or its designated agent. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as outlined in § 303-13.

§ 303-11 Enforcement and administration.

A. 
It shall be unlawful and a public nuisance for any person to violate, cause or assist in a violation of any provision of this article, or violate, cause or assist in the violation of any rule, regulation on or resolution promulgated by the Board of Supervisors pursuant to this article.
B. 
The Board of Supervisors shall appoint an enforcement officer or officers to enforce and administer the provisions of this article.
C. 
The Enforcement Officer who shall be appointed by the Township Board of Supervisors and whose duty it shall be, and is hereby given the power and authority to enforce the provision of this article. The duties of the enforcement officer shall be to enforce waste collection and recycling throughout the Township periodically monitor participation, receive and resolve complaints, issue warnings, and when necessary, assess fines and penalties.

§ 303-12 Alternative disposition of recyclable materials.

Any person may donate or sell recyclable materials to individuals or organizations. Otherwise, such materials are to be placed at curbside, in dropoff facilities or storage bins or similar authorized locations for collection by the exclusive contractor or licensed hauler as applicable. Dropoff facilities may be sited for use by residents of Chester County, outside of Schuylkill Township, not serviced by a curbside route.

§ 303-13 Violations and penalties.

A. 
Nonparticipation.
(1) 
Upon the discovery of any violation under the terms of this article, the Township may, through its authorized agent, give notice to the owner or occupant of a violation hereunder, either by personal delivery to such owner or occupant, by United States mail directed to the last known address of such person or persons, as shown in the real estate registry records of the Township, or by leaving the same on the premises where such violation occurs.
(2) 
Such person shall, within seven days after the delivery, mailing, or leaving of such notice, make settlement by paying to the Treasurer of the Township the sum of $50 for the violation. The failure of such person to make settlement, as aforesaid, within seven days, the Township may institute an action for violation pursuant to Subsection B.
(3) 
Nothing contained in this article shall affect, in any way, the provisions of this article regarding separate offenses for every day any violation occurs.
B. 
Fines for nonparticipation or nonpayment. On neglect or refusal of the occupant of any dwelling serviced by curbside recycling collection; residential dwelling unit, or commercial, industrial, or institutional establishment, to separate recyclable materials from municipal solid waste and place them at curbside or sites established by the Township or its designated agent, or make settlement in Subsection A, that person shall, upon conviction before a Magisterial District Judge of such violation, be sentenced to pay a fine of not less than $100 together with the costs of prosecution, to be collected as now provided by law. Each violation shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Unauthorized collection. If any person, firm, corporation, or other entity, unauthorized by the Township or its designated agent, collects or removes or causes to be collected or removed any such recyclable materials as specified in the Schuylkill Township regulations, or in violation of the provisions of this article, such person, firm, corporation or other entity shall, upon conviction by a Magisterial District Judge in a summary proceeding, be subject to a fine of not more than $600, together with the costs of prosecution. Upon judgment against any such defendant by summary conviction, on default of the payment of the payment of the fine or penalty imposed and the costs, such defendant may be sentenced and committed to the county jail for a period not exceeding 30 days. Each day of a violation shall constitute a separate and distinct offense and shall be subject to separate summary proceedings before a Magisterial District Judge, and subject to a penalty imposed by this article for each and every such violation shall continue.
D. 
Pilfering of collection containers. If any person is responsible for pilfering of collection containers issued to a residence slated for either curbside collection or any other phase of the Schuylkill Township Recycling Program, such person shall, upon conviction by a Magisterial District Judge in a summary proceeding be subject to a fine of not more than $600, together with the costs of prosecution. Upon judgment against any such defendant by summary conviction, on default of the payment of the payment of the fine or penalty imposed and the costs, such defendant may be sentenced and committed to the county jail for a period not exceeding 30 days. Each day of a violation shall constitute a separate and distinct offense and shall be subject to separate summary proceedings before a Magisterial District Judge, and subject to a penalty imposed by this article for each and every such violation shall continue. The affected resident will be responsible for replacing any missing container through purchase from the Township or its designated agent.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 303-14 Construal of provisions.

The terms and provisions of this article are to be liberally construed, so as to best achieve and effectuate the goals and purpose hereof.

§ 303-15 When effective.

This article shall become effective upon adoption by the Board of Supervisors of Schuylkill Township. Articles of this article relating to commercial, industrial, and institutional establishments shall become effective 60 days after adoption.
[Adopted 12-5-2007 by Ord. No. 2007-10]

§ 303-16 General.

A. 
Short title. This article shall be known as the "Schuylkill Township Municipal Solid Waste Ordinance."
B. 
Purpose.
(1) 
It is the intent and purpose of this article to promote the public health, safety and welfare, and to eliminate public health hazards, environmental pollution, and economic loss by providing that all residential, commercial, industrial, and institutional municipal solid waste accumulated or stored upon any property within the Township shall be collected, transported, and disposed of within the following conditions:
(a) 
All developed properties shall be served by a hauler registered with the Township or through an exclusive contract with the Township.
(b) 
All municipal solid waste shall be collected and removed by a licensed hauler who shall be registered with the Township.
(c) 
All municipal solid waste shall be disposed of at a facility approved by the Township in accordance with state, federal and county laws and ordinances.
(2) 
These conditions are established to assure Township compliance with the Municipal Waste Planning, Recycling, and Waste Reduction Act, Act of July 8, 1988, (P.L. 528, No. 101, Pennsylvania Act 101).
C. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
BULK WASTE
All waste materials too large for collection in ordinary containers. Examples of bulk waste include: furniture, appliances, carpeting and similar items. Bulk waste shall not consist of any items that may be packaged and disposed of using regular trash collection procedures.
COMMERCIAL
Any establishment engaged in a nonmanufacturing or nonprocessing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, and theaters. Multifamily dwellings, town homes, mobile home parks, hotels, motels, mixed-use properties (combined business/residential on a single parcel) and farms which use commercial dumpsters shall be considered commercial establishments. Does not include properties where primary permitted use is residential and accessory use is commercial (i.e., home occupations as defined by Chapter 370, Zoning).
CONSTRUCTION AND DEMOLITION WASTE
Lumber, roofing material, sheathing, rubble, broken concrete, macadam, plaster and brick, conduit, pipe, insulation, and other material which results from a construction, demolition or remodeling process.
CUSTOMER
The owner or any residential, commercial, industrial or institutional property located within the Township.
DESIGNATED AGENT
An agent such as Council of Governments acting on behalf of a municipality whose powers and responsibilities are established in an intergovernmental agreement or similar document.
DWELLING UNIT
Any building or other structure designed and occupied exclusively for residence purposes, including an apartment and mobile home, but excluding rental units in a motel, rooming hours, institutional home, dormitory, and the like.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with the responsibilities of administering this article, or the official authorized representative.
EXCLUSIVE CONTRACT
An agreement entered into by Schuylkill Township, or its designated agent with a private person or corporation for the collection and disposal of all municipal waste within Schuylkill Township to the extent provided by this article and the agreement.
FARM
A single parcel of land of at least 10 acres, which is used for normal agricultural purposes, including barns, greenhouses and not more than three single-family dwelling units.
INDUSTRIAL
Any establishment engaging in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants and refineries.
INSTITUTIONAL
Any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
LEAF WASTE
Leaves from trees, bushes, and other plants, garden residue, chipped shrubbery and tree trimmings, but not including grass clippings.
MUNICIPAL SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste and any other material including solid waste, liquid, semisolid or contained gaseous materials resulting from the operation of residential, municipal, commercial, industrial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial, industrial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility (Pennsylvania Act 101, Section 103).
MUNICIPAL WASTE COLLECTOR
Any person collecting or transporting municipal waste or recyclable materials for owners or occupants of property in Schuylkill Township, and any business or institution within Schuylkill Township which generates municipal waste or recyclable materials and uses its own employees and equipment for the collection or transportation of municipal waste or recyclable materials. All municipal waste collectors shall be registered pursuant to the provisions of Article II, Municipal Waste Collection.
PERSON
An 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.
RECYCLABLES
Source-separated recyclable materials, including materials listed in Section 1501 of State Act 101, and materials identified by the Township to be recycled.
REFUSE
All municipal solid waste is regulated by State Act 101 and the Chester County Solid Waste Authority, except the following categories of solid waste:
(1) 
Bulk waste, including tires and appliances.
(2) 
Construction/demolition waste.
(3) 
Sludge.
(4) 
Infectious/pathological waste.
(5) 
Ash residue.
(6) 
Friable asbestos waste.
(7) 
Source-separated recyclable materials.
(8) 
Household hazardous waste.
(9) 
Oversized refuse items.
(10) 
Grass clippings.
(11) 
Leaf waste.
(12) 
Unacceptable waste.
REGISTERED HAULER
A person who has obtained a registration from the Township or its designated agent authorizing said person to collect, transport, and/or dispose of municipal solid waste, recyclable materials and bulk waste from residential, commercial, industrial, and institutional establishments. The term may be applied to a person having the exclusive right to collect within the Township.
RESIDENTIAL
See "dwelling unit."
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining, and agricultural operations and any sludge from an industrial, mining, or agricultural water supply treatment facility, wastewater treatment facility, or air pollution control facility, provided that it is not hazardous. The term shall not include coal refuse as defined in the act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act." The term shall not include treatment sludge from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law" (Pennsylvania Act 101, Section 103).
TOWNSHIP
The governmental jurisdiction and legal entity of the Township of Schuylkill, in the County of Chester, Pennsylvania,
UNACCEPTABLE WASTE
The following categories of solid waste:
(1) 
Hazardous waste.
(2) 
Residual waste.
(3) 
Unsterilized or unprocessed infectious or pathological waste.
(4) 
Chemotherapeutic waste.
(5) 
Gas cylinders.
(6) 
Explosives and ordnance materials.
(7) 
Liquid waste (i.e., containing less than 20% solids by weight or flowable).
(8) 
Drums, barrels, and buckets unless lids have been removed and interiors cleaned and free of any residue.
(9) 
Radioactive materials.
(10) 
Any solid waste generated outside of the Township.

§ 303-17 Storage, handling, and disposal of municipal waste.

Any accumulation, dumping or depositing of trash, garbage, ashes, rubbish and/or refuse on any private or public property or grounds within the Township of Schuylkill are hereby prohibited. It shall be the duty of every person owning a residential, commercial, industrial, or institutional property within the Township where municipal solid 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 solid waste accumulated between intervals of collection of such waste by a registered hauler; and to insure the sanitary and legal disposal of such waste in accordance with this article and all other Township, state and federal applicable laws and regulations.
A. 
Storage on residential properties.
(1) 
Containers.
(a) 
All refuse accumulated by owners of residential properties and/or the occupants of residential properties shall be placed in containers for collection by a registered hauler. Refuse containers used for curbside collection shall be watertight, covered plastic or metallic cans or durable and lightweight plastic bags that can be easily and quickly handled by one person. Refuse containers shall be not less than five gallon nor more than thirty-five-gallon capacity. The weight of a single filled container shall not exceed approximately 50 pounds. Use of bulk containers at multifamily establishments shall comply with the provision of Subsection B(1) below.
(b) 
It shall be the responsibility of each customer to keep all refuse receptacles in good repair and sanitary condition. Any receptacle which does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the registered hauler shall be promptly replaced upon notice. Failure to comply within 10 days will result in the removal of the defective receptacle as refuse.
(c) 
A sufficient number of refuse receptacles shall be provided by the customer of the premises. No container shall be so filled that the lid will not fit tightly.
(d) 
More than one family or living unit on the same premises may use the same containers but each family must pay the established rate as though a separate container is being used.
(2) 
Location of containers.
(a) 
For residential properties with curbside collection, each refuse container shall be placed for collection so as to be accessible to the registered hauler 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 registered hauler. Failure to place containers at such locations may result in refuse not being collected. Location for collection of uncontainerized recyclable material shall be as specified by the Township. Location of bulk containers at multifamily establishments shall be in accordance with Subsection B(2) below.
(b) 
Before any winter storm event, all containers shall be removed from the curbline and the cartway of any public street. The Township will not be responsible for removing or replacing any containers left out during any snow- and/or ice-removal activity.
B. 
Storage on commercial, industrial, and institutional properties.
(1) 
Containers. Storage of municipal solid waste on commercial, industrial and institutional properties may be done in the same type of containers as required for residential properties or by dumpsters as may be determined appropriate by the customer.
(2) 
Location of containers. Dumpsters for the storage and collection of municipal solid waste at commercial, industrial, or institutional properties shall be located on the customer's premises at a place agreed upon by the customer of the commercial, industrial, or institutional property and the licensed hauler. This location, and buffering, if required, shall be in compliance with zoning or other applicable municipal requirements for the location of such containers. Such locations shall not interfere with public or private sidewalks, walkways, driveway, roads, streets, highways, alleys, or entrances and exists for public or private buildings.
C. 
Disposal of municipal solid waste. All municipal solid waste produced, collected and transported from within the jurisdictional limits of the Township shall be disposed of at the facilities designated in the Chester County Solid Waste Management Plan.
D. 
Unlawful disposition of municipal solid waste. It shall be unlawful for any person to bring any municipal solid waste into the Township or to transport municipal solid waste from one address to another within or outside of the Township for the purpose of taking advantage of the collection service to avoid the cost of collection.
E. 
Bulk waste.
(1) 
Bulk waste shall be disposed of in accordance with the Chester County Solid Waste Management Plan at a state-permitted disposal facility, a facility especially designated by the Township to take such bulk items, or a legitimate salvage dealer that is in the business of disposing or recycling such items. Bulk waste may be transported in a vehicle appropriate to the type of waste as to prevent spillage, accidental loss, etc.
(2) 
Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal solid waste from hauling his/her bulk waste to a state-permitted disposal facility or to a disposal facility as designated by the Township in accordance with the regulations of the disposal facility.
F. 
Construction and demolition waste. All waste materials resulting from the building, structural alteration, repair, construction, or demolition of buildings or structures shall be disposed of as permitted by applicable Township, state and federal laws and regulations as may be in effect, or as subsequently imposed. It shall be the responsibility of the property owner to ensure the disposal of such waste in accordance with applicable laws and regulations. Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal solid waste from hauling his/her construction and demolition waste to a state-permitted disposal facility or to a disposal facility as designated by the Township in accordance with the regulations of the disposal facility.
G. 
Exclusions.
(1) 
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. All such practices must be conducted in compliance with applicable Township, state and federal laws and regulations as may be in effect or subsequently imposed.
(2) 
The provisions of this article do not apply to anything but the storage, collection, transportation, and disposal of municipal solid waste and do not apply therefor, to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act and its amendments. All hazardous or residual waste must be disposed of in compliance with applicable Township, state, and federal laws and regulations as may be in effect or subsequently imposed.

§ 303-18 Authorization of collectors.

It shall be unlawful for any person other than persons authorized by license by the Township, or its designated agent, to collect and/or transport municipal solid waste which is generated within the Township as a regular hauling business. Authorization to collect, transport, and dispose of refuse for persons other than oneself may be given only by the Township, or its designated agent, through registering with the Township. The Township may decide to enter into an exclusive contract for residential and/or commercial refuse collection or any part thereof. The Township shall require a hauler to obtain a registration for those services provided by an exclusive contract. The Township may authorize a designated agent to establish and maintain a registration program for the collection of residential and/or commercial refuse and to award and administer an exclusive contract for the collection and transportation of such material. Reasonable rules and regulations for the registration program shall be adopted from time to time by the Township Board of Supervisors or its designated agent. These rules and regulations shall be in the form of an agreement between a registered hauler and the Township or its designated agent.
A. 
Application of license.
(1) 
All municipal waste collectors shall register on application to the Board of Supervisors. Said municipal waste collector may collect or transport such municipal waste or recyclable materials within the Township for a period of one year from the date of issuance of the registration, or until January 31st of the next calendar year from the calendar year in which the registration is issued, whichever is earlier. Each registrar must renew the registration no later than January 31st of each calendar year. Any municipal waste collector to whom a license is so issued shall have the privilege of collecting and transporting any municipal waste or recyclable materials picked up within the boundaries of the Township. Registration shall not be transferable.
(2) 
At the time of application, the municipal waste collector shall provide the following information on a form prepared by the Township.
(a) 
The name of the municipal waste collector business address and telephone number of the business office to receive calls from persons in the Township who receive collection service.
(b) 
The name, address and telephone number of the person having the largest ownership interest in the municipal waste collector.
(c) 
The name, address and telephone number of the officers of the corporation or general partners of the partnership, if applicable.
(d) 
The make, year, model and registration number of each truck or vehicle which is used in Schuylkill Township to haul, carry, transport or collect municipal waste or recyclable materials.
(e) 
A certificate of the applicant's workmen's compensation insurance as required by law.
(f) 
A certificate of insurance coverage covering complete third-party public liability for both bodily injury and property damage, owner's and collector's protective insurance and automobile insurance with respect to personal injuries and property damage. Such insurance shall be in amounts that shall be from time to time set for by resolution by the Board of Supervisors. Each and every policy of insurance herein mentioned which is required pursuant to the terms of this article, shall carry with it an endorsement to the effect that the insurance carrier will convey to Schuylkill Township, by certified mail, written notice of any modifications, alterations or cancellation of any such policy or policies or the terms thereof. The above-mentioned written notice shall be mailed to Schuylkill Township at least 10 days prior to the effective date of any such modification, alteration or cancellation.
(g) 
The approved disposal site where municipal waste will be taken.
(h) 
The processing and/or marketing facility where the recyclable materials will be taken.
(i) 
Such other information as the Township, in furtherance of this article shall deem appropriate and necessary.
(3) 
At the time of application, the municipal waste collector shall pay to the Township a sum as provided for in a schedule of fees as adopted by resolution by the Board of Supervisors.
B. 
Exhibiting of registration. Each registered hauler shall at all times while in the process of collecting or transporting said municipal waste or recyclables have and display in a proper matter a valid registration sticker, and shall exhibit the same, on demand to the Enforcement Officer, or to any police officer of the Township.
C. 
Schedules and areas of operation. The registered hauler shall advise the Township of its current rates schedule, its intended areas of operation in the Township by streets, the terms of service, and the scheduled days and hours of collection in different areas of the Township and of any changes to the collection program.
D. 
Transportation of municipal solid waste.
(1) 
Any person transporting municipal solid waste within the Township shall prevent or remedy any spillage from vehicles or containers used in the transport of such municipal solid waste. The registered haulers shall collect refuse in vehicles which are suitable for such collection, which are dedicated for use in performance of such collection, and which bear prominent legible marking, signs, or decals identifying them as being municipal solid waste collection vehicles, and stating the name and phone number of the registered hauler. The vehicles shall be securely covered, watertight, strongly built, and kept thoroughly cleaned and well maintained. Except for roll-offs, open trucks or trucks covered with tarps will not be used for the collection of municipal solid waste. Open trucks may be used for the collection of bulk waste, provided the truck is tarped.
(2) 
Collection vehicles shall display a valid Pennsylvania vehicle registration sticker, and be in condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania.
(3) 
The Township, or its designated agent, shall have the authority to inspect the vehicles used for the transport or municipal solid waste as it deems necessary to determine compliance with this article or any other ordinance, resolution, and/or regulation of the Township. The registered hauler shall correct deficiencies immediately upon notification by the Township or its designated agent, and said vehicle shall not be used for refuse collection until the deficiencies have been corrected.
E. 
Granting, suspension or revocation of license. The Board of Supervisors of Schuylkill Township shall have the right to refuse issuance of a registration to any municipal waste collector or to revoke or suspend a license previously issued or refuse to renew the same if said municipal waste collector, his or its agents, or employees fail to comply with any provision of this article or of any regulation adopted by the Board of Supervisors. It shall be unlawful and a violation of this article and grounds for the suspension or revocation of a registration or the denial of a renewal registration for any municipal waste collector to:
(1) 
Collect or transport any municipal waste, recyclable materials or leaf waste from any resident failing to source-separate said materials in violation of Article I, Recycling, and regulations adopted by Schuylkill Township.
(2) 
Co-mingle any designated separated recyclable materials or leaf waste collected within the Township with any municipal waste.
(3) 
Fail to provide for the proper disposition of any municipal waste, recyclable materials or leaf waste collected or transported within the Township.
(4) 
Load or operate any vehicle within the Township or transport municipal waste, recyclable materials or leaf waste within the Township, in such a manner as to allow municipal waste, recyclable materials or leaf waste to fall upon the public roads or upon land abutting the public roads in the Township.
(5) 
Fail to replace the containers with their lids or covers in place at the location of collection in an orderly manner.
(6) 
Collect or transfer municipal waste, leaf waste or recyclable materials between the hours of 8:00 p.m. and 6:00 a.m. on any day or otherwise create a public nuisance.

§ 303-19 Establishment of regulations.

The collection of municipal waste and recyclable materials by municipal waste collectors shall be made in compliance with the rules and regulations adopted by the Board of Supervisors of Schuylkill Township to carry out the intent and purpose of this article. Such rules and regulations shall be approved by resolution of the Board of Supervisors and, when so approved, shall have the same force and effect as the provisions of this article. Said rules and regulations may be amended, modified or repealed by resolution of the Board of Supervisors.

§ 303-20 Service fees and billing.

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 solid 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 registered hauler, exclusive contractor or to the Township. A registered hauler, exclusive contractor, or the Township may discontinue service for nonpayment of service fees by a resident, commercial, industrial, or institutional establishment. To discontinue residential service, the customer shall be in arrears a minimum of 90 days and shall have received during this period a minimum of two written notices from the registered hauler regarding the amount due and the procedures for payment. The second notice shall be sent by certified mail. At the time of discontinuance of service, the customer shall be considered in violation of this article. 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. The Township, or its designated agent, registered hauler or exclusive contractor may impose an administrative fee to reinstate customers whose service is discontinued.
A. 
Service charges. The cost of such residential or commercial municipal solid waste collection service, and the responsibility of payment therefor, shall be borne by the owner of the premises from which said municipal solid waste is collected or upon which premises said refuse is accumulated and disposed of. No agreement between an owner and occupant or other person shall relieve the owner of any premises from liability for payments as set forth hereinafter.
B. 
Charges to be established by resolution. All service fees established under an exclusive contract for the collection of municipal solid waste by the Township shall be established by a resolution of the Township Board of Supervisors. Service charges so established shall be reviewed at least annually and adjusted as necessary to insure that all costs involved in the collection and disposal of municipal solid waste under the exclusive contract, including the administrative costs of the Township, or its designated agent, are covered by the service charges.

§ 303-21 Violations and penalties; remedies.

A. 
Penalties. Any person violating any of the provisions of this article shall, upon conviction by a Magisterial District Judge, be subject to a fine of not less than $100 nor more than $1,000 together with the cost of prosecution, or imprisonment in the Chester County Prison 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.
B. 
Injunction. In addition to any other remedy provided in this article, Schuylkill Township may institute a suit in equity where unlawful conduct or a public nuisance exists as defined in this article for an injunction to restrain a violation of this article or any rules, regulations or resolution promulgated or issued by the Board of Supervisors pursuant to this article.
C. 
Concurrent remedies. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township from exercising any other remedy provided by this article or otherwise provided at law or equity.
D. 
Other remedies. In addition to the foregoing penalty, the Township may require the owner or occupant of a property to remove any accumulation of municipal solid waste and should said person fail to remove such municipal solid waste after five days following written notice, the Township may cause the solid waste to be collected and disposed of with the cost of such action to be charged to the owner or occupant of the property.

§ 303-22 Construal of provisions.

The terms and provisions of this article are to be liberally construed, so as to best achieve and effectuate the goals and purpose hereof.