[HISTORY: Adopted by the Board of Supervisors of the Township
of Connoquenessing as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 164.
[Adopted 4-21-1970 by Ord. No. 16 (Ch. 20, Part 1, of the
1997 Code of Ordinances)]
A.
ASHES
GARBAGE
PERSON
REFUSE
RUBBISH
As used in this article, unless the context clearly indicates a different
meaning, the following words shall have the meaning set forth below:
The residue from the burning of wood, coal, coke or other
combustible materials.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any natural person, partnership, association or corporation.
All putrescible and nonputrescible solid wastes, except human
body wastes, including garbage, rubbish, ashes, street cleanings,
dead animals and solid market and industrial waste.[1]
Nonputrescible solid wastes (excluding ashes), consisting
of both combustible and noncombustible wastes, such as paper, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery, metals and
similar materials.
B.
The masculine shall include the feminine and the neuter.
A.
It shall be unlawful for any person to accumulate or dump or otherwise
deposit on public or private land within the territorial limits of
Connoquenessing Township any ashes, garbage, rubbish or other refuse
without the consent of the landowner.
B.
It shall be unlawful for any person to accumulate or dump or otherwise
deposit on public or private land within the territorial limits of
Connoquenessing Township any ashes, garbage, rubbish or other refuse
in such a manner as to affect the health, safety or general welfare
of the citizens of Connoquenessing Township.
In addition to the requirements of this article, owners and occupants of buildings and grounds shall be subject to the provisions of Chapter 164, Nuisances, of the Code of the Township of Connoquenessing.
[Amended 9-9-1997 by Ord. No. 59]
Any person firm, or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
[Adopted 8-13-1996 by Ord. No. 56 (Ch. 20, Part 2, of the
1997 Code of Ordinances)]
This article shall be known and may be cited as the "Township
of Connoquenessing Municipal Solid Waste Management and Recycling
Ordinance."
The following words and phrases, as used in this article, shall
have the meanings ascribed to them herein, unless the context clearly
indicates a different meaning:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988).[1]
Empty all-aluminum food and beverage containers, clean aluminum
foil and pie tins, aluminum siding, aluminum frames of furniture,
scrap from industrial sources and other all-aluminum materials.
A person, firm, partnership, corporation or public agency
authorized by the county and/or Township to collect municipal waste
from residential, commercial, municipal and institutional establishments.
Empty food or beverage containers consisting of ferrous sides
with aluminum top and bottom. A container is bimetallic if a magnet
sticks to the sides, but not to the ends.
Large waste items including, but not limited to, appliances,
auto parts, furniture, trees and branches or stumps, or other items
too large for approved reusable or disposable waste containers.
Those properties used primarily for commercial or industrial
purposes.
Events that are sponsored by public or private agencies or
individuals including, but not limited to, fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Containerboard cartons, Kraft linerboard and shipping boxes
with corrugated paper medium. This definition also includes Kraft
(brown) paper bags.
Any metal or plastic bin or container which may be mechanically
lifted and emptied into a collection vehicle.
Empty bottles and jars made of clear, green or brown glass.
This definition does not include noncontainer glass, window glass,
blue glass, porcelain, ceramic products and light bulbs.
See "authorized collector."
Printing, writing and computer paper used in commercial,
institutional and municipal establishments as well as residences.
This definition includes white paper, white ledger, bond paper, colored
ledger, computer printouts, computer tab cards and copy machine paper.
Any waste generated from products used in residential establishments
that are toxic, corrosive, flammable or explosive.
Facilities engaged in manufacturing or processing including,
but not limited to, factories, foundries, mills, processing plants,
refineries and mining operations.
Facilities that house or serve groups of people including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and colleges.
Automotive, truck and industrial batteries that contain lead.
Properties having four or more dwelling units per structure.[2]
Public facilities operated by the Township, a municipal authority
and/or other governmental and quasi-governmental agencies.[3]
As defined in Section 103 of the Municipal Waste Planning,
Recycling and Waste Reduction Act, 53 P.S. § 4000.103.[4]
Township of Connoquenessing.
Paper of the type commonly referred to as "newsprint."
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
Plastic such as containers for milk, food containers, household
product containers, PET soda bottles, beverage containers and other
plastic products.
Materials generated by residential, commercial, municipal
and institutional establishments for which recycling markets exist
and for which there is a recycling agent. Recyclable materials may
include clear glass, colored glass, aluminum, steel and bimetallic
containers, high-grade office paper, newspapers, corrugated paper,
plastics and any other item selected by the Township or county, or
specified in amendments to Act 101.[5]
The collection, separation, recovery and sale or reuse of
metals, glass, paper, plastics and other materials which would otherwise
be disposed or processed as municipal waste.
Any occupied single-family, duplex or multifamily dwelling
of three units or less.[6]
Unauthorized or uncontrolled removal of solid waste materials
placed for collection, i.e., removal from a solid waste processing
or disposal facility.
All coated (tin, zinc, etc.) and other empty ferrous food
and beverage containers. This definition also includes ferrous and
alloyed ferrous scrap material derived from iron and stainless steel,
and white goods (large appliances).
The containment of any waste on a temporary basis in such
a manner as to not constitute disposal of such waste.
Leaves, garden residue, shrubbery and tree trimmings, grass
clippings and similar material.
A.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
B.
All municipal waste shall be stored in containers approved by the
Township and shall comply with the following standards:
(1)
Reusable containers shall be constructed of durable, watertight,
rust- and corrosion-resistant material.
(2)
Reusable containers for residences shall have tight-fitting covers,
have suitable lifting handles and shall have a capacity of not more
than 30 gallons. If detachable containers are in use, the Township
may waive these standards.
(3)
Disposable plastic bags or sacks are acceptable containers, provided
the bags are designed for waste disposal. Such bags shall be securely
tied at the top for collection and shall have a capacity of not more
than 30 gallons.
(4)
All containers, whether reusable or disposable, shall be kept tightly
covered at all times and shall be used and maintained so as to prevent
public nuisances.
C.
Any person storing municipal waste for collection shall comply with
the following storage standards:
(1)
Reusable containers shall be kept in a sanitary condition at all
times. The interior of the containers shall be kept clean by thoroughly
rinsing, draining and disinfecting as often as necessary.
(2)
Containers shall be covered or sealed at all times and waste shall
not protrude or extend above the top of the container.
(3)
With the exception of pickup days when containers are placed out
for collection, all containers shall be properly stored on the owner's
property.
(4)
Bulky waste items shall be stored in a manner that will prevent the
accumulation or collection of water, the harborage or breeding of
vectors, insects or rodents, or the creation of safety and fire hazards.
D.
The storage of all municipal waste from multifamily housing, commercial,
institutional, and municipal establishments, and industrial lunchroom
and office wastes shall comply with the regulations and standards
set forth in this article. The type, size and placement of bulk containers
for these establishments shall be determined by the waste generator
and authorized collector, and are subject to approval by the Township.
All generators of municipal waste in the Township shall contract
for the collection of disposable waste and recyclable items, as follows:
A.
All residential properties shall use an authorized collection service
unless they prove to the Township that they have made alternative
arrangements consistent with this article.
B.
All multifamily housing, commercial, institutional and municipal
establishments, and industrial establishments with office and lunchroom
wastes shall use an authorized collection service of their choice.
C.
Collection service shall be provided in compliance with the following
standards:
(1)
All residential waste shall be collected at least biweekly with the
exception that arrangements shall be made in advance with the collector
for pickup of bulky waste and for payment of any special fees.
(2)
All multifamily housing, commercial, municipal, institutional and
industrial waste shall be collected at least once each week and more
often if required in order to control health hazards, odors or unsightly
conditions.
(3)
All recyclable materials shall be collected at least once each month.
(4)
Each authorized collector shall establish a regular collection schedule
in the Township and shall so notify the Township of the days and times.
If a regular collection day falls on a holiday, the collector shall
notify all customers and the Township as to when collection will be
made.
All authorized collectors shall be responsible for the collection
of any fees or charges for municipal waste collection and disposal
services provided to residential, commercial, institutional, municipal
and industrial sources within the Township.
A.
Persons in residential establishments shall separate recyclable materials
from other waste. Recyclable materials shall be placed at the curbside.
Recyclable materials shall be prepared for collection according to
Township or county guidelines and shall be placed in containers provided
by the Township or cut and baled, bundled, tied, stacked or packaged
in compliance with the guidelines.
(1)
All containers provided to residential establishments by the Township
for recyclable materials shall be the property of the Township and
shall be used only for the storage and collection of recyclable materials.
Any resident who moves shall be responsible for leaving the container
within the residence or shall pay the replacement cost of said container.
(2)
Use of the allocated recycling container for any purpose other than
the recycling program shall be a violation of this article.
B.
An owner, landlord or agent of the owner or landlord of a multifamily
housing property with four or more units shall comply with its recycling
responsibilities by establishing a collection program for the tenants
at each property. The collection system shall include suitable containers,
provided by the owner, landlords or agent, for sorting and collection
of recyclable materials. The container shall be placed in easily accessible
locations and written instructions shall be provided to the tenants
concerning use and availability of the collection system.[1]
(1)
Owners, landlords or agents of multifamily properties who are in
compliance with this article shall not be liable for noncompliance
by the occupants of their property.
(2)
Owners, landlords or agents of multifamily properties who have recyclable
materials collected by a collection firm other than the Township or
its designated collector(s) shall submit an annual report to the Township
reporting the tonnage of materials recycled during the previous year.
C.
Commercial, institutional, municipal establishments and community
activities shall separate materials as may be designated by the Township,
and shall store the recyclable materials until collection. These establishments
may be exempted from this article if the establishments have otherwise
provided for the recycling of materials specified by this article
and provide documentation to the Township annually indicating the
designated recyclable materials being recycled and indicating the
tonnage of materials recycled during the previous year.
(1)
It shall be the responsibility of each establishment and community
activity to submit an annual report to the Township reporting the
tonnage of materials recycled during the previous year.
All recyclable materials, when placed at the curbside, become
the property of the authorized collector, except as provided below:
A.
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the Township. The recyclable materials
shall be either delivered to the individual organization site or may
be placed at the curb for collection by said individual or organization.
B.
Any person who donates or sells recyclable materials shall not receive
a discount in waste collection fees paid to their authorized collector.
The Township may enter into an agreement with public or private
agencies or firms to authorize said agencies or firms to collect all
or part of municipal wastes and/or recyclable materials.
The municipal officials of the Township of Connoquenessing or
their designated representatives shall be responsible for the enforcement
of the provisions of this article. The Township officials are authorized
by this article to enact reasonable rules and regulations for the
operation of this article including, but not limited to:
A.
Designating recyclable materials to be separated by residential establishments
and designating additional recyclable materials to be separated by
commercial, institutional and municipal establishments.
B.
Establishing collection procedures for recyclable materials.
C.
Establishing reporting procedures for volumes of materials recycled.
D.
Establishing procedures for the distribution, monitoring and collection
of recycling containers.
E.
Establishing procedures and rules for the collection of yard waste.
[Amended 9-9-1997 by Ord. No. 59]
A.
Any person, firm or corporation who shall violate the provisions
of this article and its rules and regulations shall receive an official
written warning of noncompliance for the first offense.
C.
Any person firm, or corporation who shall violate any provision of
this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $300 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.[2]
