Township of Lower Makefield, PA Hours and Dates of Collection

The residence-to-residence and commercial-establishment-to-commercial-establishment pickup of municipal waste from storage and curbside and removal to a local transfer facility.

COLLECTOR

A person or agent authorized by the Township to collect, transport and dispose of municipal wastes and/or recyclable materials.

COMMERCIAL ESTABLISHMENT

An establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.

FIRST-TIME OFFENSE

Any action that violates any provision of this article or any rule or regulation thereof for which such violation constitutes the first violation by a collector of any provision of this article or any rule or regulation thereof within a continuous three-year period.

INSTITUTIONAL ESTABLISHMENT

Any establishment or facility engaged in services, including but not limited to hospitals, nursing homes, orphanages, schools and universities.

MUNICIPAL ESTABLISHMENT

Any facility or building owned or operated by a local government or county government, local government or county government authority, state government or agency or federal government or agency.

MUNICIPAL WASTE

Any garbage, refuse, waste or other materials, including solid waste, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities (Pennsylvania Solid Waste Management Act, Act 97, Section 103).[1]

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever that is recognized by law as being subject to such rights and duties.

RECYCLABLE MATERIALS

Metals, glass, paper, leaf waste, plastics, lawn clippings and other materials in a form which is designated as source materials for the recycling program and is duly recovered.

RECYCLING PROGRAM

A source-separation and collection program for recycling municipal waste or source-separated recyclable materials, or a program for designated drop-off points or collection centers for recycling municipal waste or source-separated recyclable materials that is operated by or on behalf of the Township, including any necessary activities for the collection, staging, transportation and marketing or disposal of recyclable materials and their residue. The term also includes any source-separation and collection program for composting leaf waste or lawn clippings that is operated by or on behalf of the Township.

RESIDENCE

Any occupied single- or multifamily dwelling having up to four dwelling units per structure from which a municipal or private collector collects solid waste or recyclable material.

SECOND-TIME OFFENSE

Any action that violates any provision of this article or any rule or regulation thereof for which such violation constitutes the second violation by a collector of any provision of this article or any rule or regulation thereof within a continuous three-year period.

SOLID WASTE

All refuse (garbage and rubbish) and other discarded solid material normally collected by the municipality or private collector.

THIRD-TIME OFFENSE

Any action that violates any provision of this article or any rule or regulation thereof for which such violation constitutes the third violation by a collector of any provision of this article or any rule or regulation thereof within a continuous three-year period.

[1]

Editor's Note: See 35 P.S. § 6018.103.

§ 172-57 Authorization to enact rules and regulations.

The Township is authorized to enact comprehensive rules and regulations restricting the hours and days of municipal waste and/or recyclable materials collection as required by federal, commonwealth and county law or regulation and to serve the overall interests of the Township, its residents and commercial enterprises, including:

(1)

Mandating the universal adherence of all collectors in the Township to the hours and dates specified.

(2)

Specifying the responsibilities and obligations of residential and commercial establishment property operators for the on-premises storage and source-separation of municipal waste and/or recyclable materials and their handling in support of collection services.

(3)

Obtaining commercially available and equitably priced services and the awarding and administration of contracts for the collection, handling, and transportation of municipal waste and/or recyclable materials.

(4)

Specifying the residential and commercial establishment collection services to be provided and the responsibilities and obligations of collectors and property operators with respect to those services.

(5)

Authorizing Township enforcement of the terms of Chapter 172 of the Lower Makefield Township Code, this article and the rules and regulations adopted in furtherance thereof and to specify penalties and remedies for noncompliance.

In order to be effective, any rules and regulations adopted in furtherance of this article or any amendments thereto must be approved at a public meeting, which said public meeting shall be advertised in accordance with the requirements imposed upon the Township by the Second Class Township Code related to the adoption of Township ordinances.

§ 172-58 Weekday hours and dates of collection.

No collector which collects or removes municipal waste or recyclable materials shall be permitted to collect and/or remove municipal waste or recyclable material from residences after 8:00 p.m. or prior to 6:00 a.m. on weekdays.

No collector which collects or removes municipal waste or recyclable materials shall be permitted to collect and/or remove municipal waste or recyclable material from commercial, municipal or institutional establishments after 8:00 p.m. or prior to 6:00 a.m. on weekdays.

§ 172-59 Weekend hours and dates of collection.

§ 172-60 Exclusions.

Nothing herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal waste from hauling one's own municipal waste on an irregular and unscheduled basis to an authorized disposal facility.

Nothing contained herein shall prohibit a farmer from carrying out the normal activities of the farming operation, including composting and spreading of manure or other farm-produced agricultural wastes.

This article shall not apply to any contract with any collector executed prior to the date of this regulation that, as of the date of its execution, provided for hour and date restrictions that permit the collection of municipal waste or recyclable materials from commercial, municipal or institutional establishments after 8:00 p.m. or prior to 6:00 a.m. on weekdays and weekends. Following expiration of the current term of any such existing contract, the renewal, modification or extension of the existing contract or execution of a new contract on or after the date of this article shall be subject to the provisions of this article.

§ 172-61 Violations and penalties; enforcement.

The Township is authorized and directed to enforce this article.

Any action by any collector that violates or does not comply with any provision of this article or any rule or regulation thereof and such action constitutes a first-time offense shall subject the collector to a fine not to exceed $1,000, plus costs of prosecution, including reasonable attorney's fees. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Within 10 days of the violation, the Township shall provide written notice of the violation to the defendant.

Any action by any collector that violates or does not comply with any provision of this article or any rule or regulation thereof and such action constitutes a second-time offense shall subject the collector to a fine not to exceed $3,000, plus costs of prosecution, including reasonable attorney's fees. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Within 10 days of the violation, the Township shall provide written notice of the violation to the defendant.

Any action by any collector that violates or does not comply with any provision of this article or any rule or regulation thereof and such action constitutes a third-time offense shall subject the collector to a fine not to exceed $7,000, plus costs of prosecution, including reasonable attorney's fees. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Such defendant shall be prohibited from any and all operations within the Township, including, but not limited to, collection and collection services, for a period of two years from the date of receipt of written notice from the Township. Within 10 days of the violation, the Township shall provide written notice of the violation and the penalty to the defendant.

The Township may also require the owner or occupant of a property to remove any accumulation of municipal waste or recyclable materials, and should said person fail, following written notice, to remove such municipal waste or recyclable materials within the time frame specified in the regulations, the Township may cause such waste or materials to be collected and disposed of, with all costs for such actions the responsibility of the responsible property operator, as provided by law.

Enforcement of the foregoing provisions shall be the responsibility of the Township. The Board of Supervisors is hereby empowered to delegate any enforcement or oversight power, duty or responsibility to any person, committee or department it shall deem appropriate, including, but not limited to, the Lower Makefield Township Police Department, in accordance with and subject to existing laws and regulations.

§ 172-62 Applicable regulations; amendments.

This article shall be subject to all applicable federal, state, county and local laws, ordinances, rules and regulations including the rules and regulations as set forth by the Department of Environmental Protection of the Commonwealth of Pennsylvania.

This article or any part thereof may be amended from time to time in accordance with the procedures established by law.