[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]
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.
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:
Chester County Solid Waste Authority.
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.
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).
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.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges. (i.e., cardboard)
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
The owner of any residential, commercial, industrial, or
institutional property located within the Township.
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.
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
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.
The official designated herein or otherwise charged with
the responsibilities of administering this article, or the official
authorized representative.
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.
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.
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional and municipal establishments.
Any establishment engaging in manufacturing or processing
including, but not limited, to factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Shall include, but not be limited to, automotive, truck and
industrial batteries that contain lead.
Leaves from trees, bushes, and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
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.
Glossy publications including catalogs.
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).
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.
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.
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.
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.
Source-separated recyclable materials, including materials
listed in Section 1501 of Act 101 and materials identified by the
Township to be recycled.
See "dwelling unit."
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
The governmental jurisdiction and legal entity of the Township
of Schuylkill, County of Chester, Pennsylvania.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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]
The terms and provisions of this article are to be liberally
construed, so as to best achieve and effectuate the goals and purpose
hereof.
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]
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.
BULK WASTE
COMMERCIAL
CONSTRUCTION AND DEMOLITION WASTE
CUSTOMER
DESIGNATED AGENT
DWELLING UNIT
ENFORCEMENT OFFICER
EXCLUSIVE CONTRACT
FARM
INDUSTRIAL
INSTITUTIONAL
LEAF WASTE
MUNICIPAL SOLID WASTE
MUNICIPAL WASTE COLLECTOR
PERSON
RECYCLABLES
REFUSE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
REGISTERED HAULER
RESIDENTIAL
RESIDUAL WASTE
TOWNSHIP
UNACCEPTABLE WASTE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Definitions. As used in this article, the following terms shall have
the meanings indicated:
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.
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).
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.
The owner or any residential, commercial, industrial or institutional
property located within the Township.
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.
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.
The official designated herein or otherwise charged with
the responsibilities of administering this article, or the official
authorized representative.
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.
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.
Any establishment engaging in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Leaves from trees, bushes, and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
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).
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.
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.
Source-separated recyclable materials, including materials
listed in Section 1501 of State Act 101, and materials identified
by the Township to be recycled.
All municipal solid waste is regulated by State Act 101 and
the Chester County Solid Waste Authority, except the following categories
of solid waste:
Bulk waste, including tires and appliances.
Construction/demolition waste.
Sludge.
Infectious/pathological waste.
Ash residue.
Friable asbestos waste.
Source-separated recyclable materials.
Household hazardous waste.
Oversized refuse items.
Grass clippings.
Leaf waste.
Unacceptable waste.
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.
See "dwelling unit."
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid, or contained gaseous materials
resulting from industrial, mining, and agricultural operations and
any sludge from an industrial, mining, or agricultural water supply
treatment facility, wastewater treatment facility, or air pollution
control facility, provided that it is not hazardous. 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).
The governmental jurisdiction and legal entity of the Township
of Schuylkill, in the County of Chester, Pennsylvania,
The following categories of solid waste:
Hazardous waste.
Residual waste.
Unsterilized or unprocessed infectious or pathological waste.
Chemotherapeutic waste.
Gas cylinders.
Explosives and ordnance materials.
Liquid waste (i.e., containing less than 20% solids by weight
or flowable).
Drums, barrels, and buckets unless lids have been removed and
interiors cleaned and free of any residue.
Radioactive materials.
Any solid waste generated outside of the Township.
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.
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.
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.
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.
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.
The terms and provisions of this article are to be liberally
construed, so as to best achieve and effectuate the goals and purpose
hereof.