For the purpose of this article, the following
terms, phrases or words shall have the meanings ascribed to them in
this section, except where the context in which the word is used clearly
indicates otherwise.
The lightweight ductile and malleable metallic substance
or element commonly known as "aluminum," and shall include all aluminum
food and beverage cans. It shall exclude aluminum foil.
Food or beverage containers consisting of ferrous sides and
bottom and an aluminum top.
That individual, partnership, firm, corporation or business entity designated by the Township, by means of an independent contract, as the person having the exclusive right and privilege to collect, haul, carry, remove or disperse of all garbage, trash, ashes, rubbish and refuse from dwelling units within the Township under Article II, Collection and Disposal of Solid Waste.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than three dwelling units.
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics, and organized sporting events attended by 200 or more individuals
per day.
[Added 9-28-2020 by Ord. No. 2020-03]
The scheduled collection and transportation of recyclable material placed at the curbline by residents subject to this Article I.
A building used for residential purposes, except hotels,
apartments with more than six dwelling units, tourist cabins, motels
and trailers in trailer parks.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
[Amended 5-29-2007 by Ord. No. 2007-07]
All empty bottles and jars made of clear, green or brown
glass, except noncontainer glass, plate glass, blue glass, porcelain
and ceramic products.
Those facilities that house or serve groups of people, such
as hospitals, schools and nursing homes.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals, excluding all other paper products
of any nature whatsoever.
Any property having more than six dwelling units per structure.
Any public facility operated by Township or other governmental
or quasi-governmental authority.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and other
matters of public interest, but not including glossy advertising inserts
included with newspapers.
Any individual, partnership, association, institution, cooperative
enterprise, municipality, municipal authority, federal government
or agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. It
shall also mean owner, lessee or occupant of a residential dwelling,
commercial establishment or institutional establishment. In any provision
of this article prescribing a fine, imprisonment or penalty or any
combination thereof, person shall include the officers and directors
of any corporation or other legal entity having officers and directors.
A class of synthetic organic compounds capable of being molded,
extruded, cast or otherwise fabricated into various shapes. It shall
include high-density polyethylene (HDPE) and polyethlyene terephthalate
(PET). It shall exclude low-density polyethylene (LDPE), polypropylene
(PP) and polyvinyl chloride (PVC).
Those materials specified by the Township to be recycled.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, plastics and other materials which would otherwise
be disposed of or processed as municipal waste, or the mechanized
separation and treatment of municipal wastes (other than through combustion)
and creation and recovery of reusable materials other than fuel for
the operation of energy.
Any occupied single-family or multifamily housing property
having up to three dwelling units per structure for which the Township
provides municipal waste collection service.
Garbage, trash, ashes, refuse and other discarded solid materials.
Lower Allen Township, Cumberland County, Pennsylvania.
A person or firm, not the Township collector, licensed by
the Township to collect, haul, and/or dispose of refuse and/or collect
and haul recyclables from persons not exclusively within the area
of responsibility of the Township collector.
[Amended 9-28-2020 by Ord. No. 2020-03]
There is hereby established in the Township
a mandatory source-separation and collection program for recyclable
materials from solid waste by persons residing in residential dwellings
from which solid waste is collected by or on behalf of the Township.
Recyclable materials for residential dwellings
are aluminum, bimetal containers, glass, plastic and newspaper. Recyclable
materials from residential dwellings shall be placed at the curb separate
from solid waste for collections or taken to dropoff sites at such
times, dates and places as may be established by the Township Manager.
Recyclable materials for residential dwellings shall be collected
a minimum of two days per month. Recyclable materials for residential
dwellings shall be prepared for collection as follows:
A.
All newspaper shall be placed in paper bags or tied
in bundles not exceeding 40 pounds in weight nor exceeding one foot
in thickness.
B.
Glass shall have caps and lids removed and rinsed
free of contaminates.
C.
Aluminum and bimetal cans shall be rinsed free of
contaminates.
D.
Glass, aluminum and bimetal cans, plastic, paper,
and cardboard shall be placed in the receptacle provided by the Township
or hauler. No other solid waste shall be placed in the receptacle.
[Amended 9-28-2020 by Ord. No. 2020-03]
E.
Placement shall be a minimum of six feet from nonrecyclable
trash and garbage.
The owner, landlord or agent of an owner or
landlord of multifamily housing properties whose solid waste is not
collected by or on behalf of the Township shall establish a collection
system for recyclable materials at each structure. Recyclable materials
for multifamily housing properties are aluminum cans, bimetal containers,
glass containers and newspaper. The collection systems must include
suitable containers for collecting and sorting materials, easily accessible
locations for the containers and written instructions to occupants
concerning the use and availability of the collection systems. Owners,
landlords and agents who comply with this section shall not be liable
for noncompliance of occupants of their buildings.
[Amended 9-28-2020 by Ord. No. 2020-03]
A.
Commercial,
institutional, and municipal establishments shall separate and store
recyclable materials until collection. Recyclable materials for commercial,
institutional, and municipal establishments are high-grade office
paper, aluminum cans, glass food and beverage containers (clear and
colored) and corrugated paper. These establishments shall arrange
for the transfer of recyclable materials to a recycling system by
a licensed collector.
B.
The Township licensee shall provide annual reports as hereinafter set forth to the Township as evidence of such arrangement and documentation of the total number of tons recycled. The application for a license to be a Township licensee shall constitute a written agreement evidenced by the signature of the applicant and the issuance of the license by the Township whereby the Township licensees specifically agrees to provide an annual report on or before the 10th day of January of each calendar year which shall state the quantities and types of waste material processed during the preceding calendar year, particularly the recyclables collected in the Township, the nature and extent of the processing, the type and quantity (weight) of source-separated recyclable materials, the place, nature and terms of marketing recyclable materials supported by actual records documenting the quantity of such marketing, i.e., the weight slips, receipts from each market verifying quantities, etc., which agreement shall provide that the Township may recognize appropriate recyclables processed by the Township licensee originating in the Township in any application for performance grants from superior governmental agencies and specifically waiving any claim against or for any grants. If such information is regarded as confidential and the Township licensee demonstrates to the satisfaction of the Township Manager that such information is entitled to protection, such information shall not be available for inspection by the public but shall be made available upon request to governmental agencies for uses related to this § 180-5.
C.
At all
community activities, recycled materials designated by the Township
at minimum must be high-grade office paper, aluminum cans, glass food
and beverage containers (clear and colored) and corrugated paper separated
until collection. Sponsoring organization must arrange for the transfer
of the materials to a recycling program.
No person shall collect or pick up or cause to be collected or picked up any recyclable material within the Township or dispose of the same in any manner or place without obtaining annually a license from the Township in accordance with the provisions of § 180-13. Each such collection or pickup in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
The Township may enter into an agreement or
agreements with a private person or persons or public agency or agencies
for collection of all or part of recyclable materials from the curbside.
The Township Manager or his designee is authorized
and directed to enforce this article. The Township Manager shall have
authority to make rules and regulations relating to the administration
of the provisions of this article, in addition to any other powers
herein conferred upon him, provided that such rules and regulations
are not contrary to the provisions of this article. An aggrieved person
shall have the right of appeal against any rule or regulation made
by the Township Manager to the Board of Commissioners that may confirm,
modify or revoke any such rule or regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding 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 court costs and reasonable attorneys' fees incurred by the Township
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day that such violation exists shall constitute a separate offense,
and each section of this article that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Township may enforce this article in equity in the
Court of Common Pleas of Cumberland County.
