[HISTORY: Adopted by the Board of Supervisors of the Township of
Dallas 6-18-1991 by Ord. No. 1991-1. Amendments
noted where applicable.]
This chapter shall be known as and may be cited as the "Solid Waste
and Recycling Collection and Disposal Ordinance of the Township of Dallas."
The purposes of this chapter are to provide for the collection and disposal
of garbage, solid waste and recyclable materials produced and generated within
the Township of Dallas in the most efficient and economically sound manner,
to reduce the volume of garbage and solid waste disposed of within the Township
of Dallas; and further to create and to implement a general municipal waste
management plan and project so as to conserve natural resources and to support
the right of the residents of the Township of Dallas to dwell in a clean and
healthy environment.
As used in this chapter, unless the context clearly indicates otherwise,
the following words and terms shall be construed as follows:
All empty aluminum food and beverage containers.
Empty food and beverage containers consisting of aluminum, steel
and tin coating. A can is bimetallic if a magnet sticks to the sides but not
to the ends.
Those premises used principally for nonmanufacturing or nonprocessing
business, including but not limited to stores, offices, restaurants, shopping
centers, gas stations and churches.
All events or activities which are sponsored by public, private,
nonprofit and municipal agencies or individuals that include, but are not
limited to, fairs, bazaars, socials and organized athletic events attended
by 200 or more people.
Structural paper material with an inner core shaped in rigid parallel
furrows and ridges.
The deposition, incineration, injection, dumping, spilling, leaking
or placing of solid waste into or on the land or water in a manner that the
solid waste or a constituent of the solid waste enters the environment, is
emitted into the air or is discharged into the waters of the Commonwealth
of Pennsylvania.
Solid waste resulting from the preparation, cooking, handling, dealing,
storing, sale and consumption of all animal and vegetable wastes.
Empty bottles and jars made of clear, green and brown glass.
Any premises within the municipality upon which there is erected
a structure intended for habitation, occupancy or use by human beings or animals,
and from which solid waste or recyclable materials shall or may be generated
or produced.
Any entity engaged in a manufacturing, industry, trade or business
process.
Any facility that houses or serves groups of people, including but
not limited to hospitals, schools, day-care centers and nursing homes.
Leaves, garden residues, shrubbery and tree trimmings, and similar
material, but not including grass clipping.
The public facilities operated by the member municipalities and Dallas
Area Municipal Authority.
This political subdivision of the Commonwealth of Pennsylvania.
Paper of the type commonly used for newspapers and distributed at
fixed intervals, having printed thereon news and opinions, containing advertisements
and other matters of public interest. Expressly excluded are glossy advertising
inserts often included with newspapers.
Any person vested with ownership, legal or equitable, sole or partial,
of any property located in the Authority's service area.
Any individual, partnership, company, business organization, association,
society, corporation or other group or entity.
Empty plastic food and beverage containers.
Any person or business organization which provides collection, transportation
and disposal services of solid waste, who is not an agent or contractor of
the municipality.
Materials enumerated in Act 101 of 1988[1] of the Commonwealth of Pennsylvania, and materials identified
by the municipality or its agent or contractor for recycling.
A single or multifamily dwelling, including, but not limited to,
condominium units, apartments and mobile homes.
Materials or substances discharged or rejected as being spent, useless,
worthless or in excess by a person and any garbage, refuse, industrial, lunchroom
or office waste and other material including solid, liquid or semisolid or
contained gaseous material resulting from the operation of residential, municipal,
commercial, industrial or institutional establishments. The term does not
include recyclable materials or materials approved for beneficial use by the
municipality, or its agent or contractor.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
It shall be unlawful hereafter to accumulate, collect,
transport, remove, deposit, maintain or dispose of garbage, solid waste and
recyclable materials upon any public or private property within the Township
of Dallas, except in accordance with the terms and provisions of this chapter.
B.
An owner, lessee, tenant or occupant of any unimproved
premises or any building, structure or like improvement erected upon any real
property situated within the Township of Dallas and used for any purpose whatsoever
shall be liable for the collection and disposal of all garbage, solid waste
and recyclable materials produced or generated upon or within the premises,
building or structure owned or occupied by a person in accordance with the
terms and provisions of this chapter.
A.
All residential solid waste and recyclable materials
produced, generated, accumulated or deposited within the Township of Dallas
shall be collected, transported and disposed of solely and exclusively by
the Township of Dallas, or its agent or contractor.
B.
All garbage and solid waste produced, generated, accumulated
or maintained within the Township of Dallas by a commercial, institutional
or industrial enterprise, organization or establishment, or a sponsor of any
community or public activity within the Township of Dallas, shall be collected,
transported and disposed of periodically in a safe and sanitary manner by
a private or commercial refuse collector or hauler or a transporter for hire,
or by the Township of Dallas, or its agent or contractor, by contract.
C.
No person, including but not limited to an owner, occupant,
lessee, commercial collector, hauler or transporter of residential garbage,
solid waste and/or recyclable materials for hire, or otherwise, shall accumulate,
deposit, maintain or place or cause to be accumulated, deposited, maintained
or placed upon any lot or parcel of real property used for a dwelling or residential
purposes within or without a residential district or zone of the Township
of Dallas for the purpose of the collection, transportation or disposal of
residential garbage, solid waste or recyclable materials by any entity other
than the Township of Dallas, or its agent or contractor.
D.
It shall be unlawful for any person who is not a permanent
resident of the Township of Dallas to transport or convey into the Township
of Dallas or to deposit, place or dispose of upon or within any premises or
structure located in the Township of Dallas any garbage, solid wastes or recyclable
materials produced and generated elsewhere for the purpose of the collection,
transportation or permanent disposal of any garbage, solid waste or recyclable
materials by anyone within the Township of Dallas.
E.
An owner, occupant, lessee, proprietor, operator or supervisor
of any commercial, institutional, industrial or municipal enterprise, organization
or establishment and a sponsor of any community or public activity within
the Township of Dallas shall provide for the private or commercial collection,
transportation and disposal of the recyclable materials of the kind and nature
provided in this chapter hereafter, which are produced or generated by their
use. Each commercial, institutional, industrial or municipal enterprise, organization
or establishment and each sponsor of any community or public activity subject
to this provision shall account to the Township of Dallas, or its agent or
contractor, at least annually for the volume of the recyclable materials caused
to be recycled by it hereunder.
A.
An owner, lessee, tenant or occupant of any structure
used for a dwelling or residential purposes within the Township of Dallas
shall cause to be recycled the following materials produced or generated as
household waste therein: aluminum containers, plastics, and steel and bimetallic
containers.
B.
As may be provided by resolution hereafter passed, the
following materials may be included in this provision for the recycling of
household waste: clear glass, colored glass containers, high-grade office
paper, newsprint, corrugated paper, and bimetallic containers, and such other
materials as may be included.
C.
An owner, lessee, tenant, proprietor, operator or supervisor
of any commercial, institutional, industrial or municipal enterprise, organization
or establishment and a sponsor of any community or public activity within
the Township of Dallas shall cause to be recycled the following materials:
aluminum cans, high-grade office paper, corrugated paper, leaves, clear and
colored glass containers and newsprint.
D.
All recyclable materials collected as provided in Subsections A and B of this § 68-6 shall become the absolute property of the Township of Dallas, or its agent or contractor, and title thereto shall pass irrevocably when the same are deposited or placed at curbside for collection by the owner, lessee, tenant or occupant of the abutting premises.
A.
The Township of Dallas is authorized to contract with
Dallas Area Municipal Authority, a municipal authority organized and existing
under the laws of the Commonwealth of Pennsylvania and created heretofore
by the Borough of Dallas, and the Township of Kingston, and the Township of
Dallas, Luzerne County, Pennsylvania, for general purposes, for the collection,
transportation and disposal of all residential garbage, solid waste and recyclable
materials produced and generated within the Township of Dallas.
B.
A contract for such services shall be set forth in a
service agreement to be entered into between the Township of Dallas and Dallas
Area Municipal Authority, which service agreement shall provide, among other
things, for the administration of the municipal residential solid waste and
recyclable materials collection, transportation and disposal program as created
hereunder, and it shall delegate to Dallas Area Municipal Authority the duty
to implement and to conduct in all respects the operation of the aforesaid
program to the extent and in a manner provided by law.
The Township of Dallas is authorized to levy, charge, assess, adopt
and collect from time to time service charges and fees for the collection,
transportation and disposal of garbage, solid waste and recyclable materials
within the Township of Dallas, as provided herein, to the extent and in the
manner provided by law.
Any person who shall place at curbside garbage, solid waste or recyclable
materials for collection, transportation or disposal shall be deemed to have
given consent, whether express or implied, to the Township of Dallas, or its
agent or contractor, to open and inspect any container, receptacle or enclosure
containing or purporting to contain garbage, solid waste or recyclable materials.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a District Justice
under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000, plus costs
of prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated shall
also constitute a separate offense.
