[HISTORY: Adopted by the Board of Supervisors
of the Township of Loyalsock as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-11-1985 by Ord. No. 190
(Ch. 9 1/2 of the 1972 Code); amended 10-8-1996 by Ord. No. 266]
This article shall be known as the "Loyalsock
Township Municipal Solid Waste Ordinance."
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 section.
A person desirous of being authorized as a collector.
A person authorized by the county with the approval of the
Township of Loyalsock to collect, transport and dispose of municipal
waste.
A person, company, partnership or corporation which engages
in the business of collecting and transporting solid waste for compensation
or consideration.
A process of controlled biological decomposition of organic
materials, producing a stable, aerobic, humus-like product.
The Board of County Commissioners of Lycoming County, Pennsylvania
and/or the Lycoming County Solid Waste Department thereof.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of municipal waste into or on the land or water
in a manner that the solid waste or a constituent of solid waste enters
the environment, is emitted into the air or is discharged to the waters
of the Commonwealth of Pennsylvania.
Any site, location, area, incinerator, resource recovery
facility or premises to be used for the ultimate disposal of municipal
waste.
Any establishment engaged in service to persons, including
but not limited to hospitals, nursing homes, orphanages, schools and
universities.
The entire process, or any part thereof, of storage, collection,
transportation, processing, treatment and disposal of municipal wastes
by any person engaging in such process.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste as defined in Pennsylvania Solid Waste Management Act (35 P.S.
§ 6018.101 et seq.) from a municipal, commercial or institutional
water supply treatment plant, wastewater treatment plant or air pollution
control facility.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include, but are not limited to transfer facilities, composting facilities
and resource recovery facilities.
All materials which are discarded as useless.
At least two or more times per month.
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 "residual
waste" shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act. Residual waste shall not include treatment sludges
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 Clean Streams Law.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year constitutes
disposal. The presumption can be overcome by clear and convincing
evidence to the contrary.
Loyalsock Township, Lycoming County, Pennsylvania and the
governing body or its officials thereof.
The off-site removal of any municipal waste at any time after
generation.
[Amended 2-24-2009 by Ord. No. 332]
This article shall be subject to all applicable
federal, state and local laws, ordinances, rules and regulations,
including the rules and regulations as set forth by the Department
of Environmental Protection, Commonwealth of Pennsylvania.
[Amended 2-24-2009 by Ord. No. 332]
It is hereby designated that the Township official
to whom all notices under this article are to be given and by whom
all provisions of this article are to be enforced is as follows: Township
Manager or Township Codes Enforcement Officer, Loyalsock Township
Building, 2501 E. Third Street, Williamsport, PA 17701. Phone: (570)
323-6151.
[Amended 10-8-1996 by Ord. No. 266; 8-25-1998 by Ord. No. 274; 2-24-2009 by Ord. No. 332]
This article shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who violates or permits the violation of this article shall,
upon conviction in a summary proceeding, be punishable by a fine of
not less than $100 nor more than $1,000 and/or by 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. Each section of this article that is violated shall
also constitute a separate offense.
A.
It shall be unlawful for any person to store, dispose,
dump, discard or deposit, or permit the storage, dumping, discarding
or depositing of any municipal waste upon the surface of the ground
or underground within the jurisdictional limits of this township,
except in proper containers for purposes of storage or collection
and except where the waste is of such size or shape as not to permit
it being placed in such containers. This section is not intended to
prohibit the use of a properly maintained home compost pile.
B.
It shall be unlawful for any person to dump or deposit
municipal waste in any stream or body of water within the jurisdictional
limits of this township.
C.
Nothing contained herein shall be deemed to prohibit
any person, not regularly engaged in the business of hauling solid
waste for profit, from hauling such solid waste on an irregular and
unscheduled basis, so long as such hauling and disposal is in accordance
with the ordinances of this municipality and is permitted by the Commonwealth
of Pennsylvania, Department of Environmental Protection.
[Amended 2-24-2009 by Ord. No. 332]
D.
Nothing contained in this article shall prohibit a
farmer or gardener from carrying out the normal activities of his
farming or gardening operation, including composting and spreading
manure or other farm-produced agricultural wastes.
[Amended 2-24-2009 by Ord. No. 332]
It shall be unlawful for any person, other than such persons as are duly authorized by the Pennsylvania Department of Protection with the approval of the Township of Loyalsock, to collect and transport solid waste of any nature as a regular hauling business within or from the Township of Loyalsock. Authorization shall be given only as set forth in § 180-8.
[Amended 2-24-2009 by Ord. No. 332]
The Pennsylvania Department of Environmental
Protection and the Township of Loyalsock shall authorize, by issuance
of a business license, such hauler(s) to collect and transport all
wastes in this municipality. All applications for licensing shall
be reviewed by the Pennsylvania Department of Environmental Protection
as the issuing agent for the municipality and shall be approved in
accordance with the following criteria:
A.
Licenses may be issued to only those persons who can
provide satisfactory evidence that they are capable of providing the
necessary services and can comply with the provisions and intent of
this article and the rules and regulations established by the Pennsylvania
Department of Environmental Protection.
B.
At the time of application submission, the applicant
shall indicate that he has the appropriate type of sanitary, watertight,
closed or covered truck with which to collect municipal wastes and
shall provide evidence that he carries sufficient liability insurance
on the vehicle.
C.
A business license shall also be issued by the Loyalsock
Township Tax Collector.
The storage of all solid waste shall be practiced
so as to prevent the attraction, breeding or harborage of insects
or rodents and to prevent conditions which may create potential hazards
to the public health or which create fire and other safety hazards,
odors, unsightliness or public nuisance.
Any person accumulating or storing garbage on
private or public property in the Township of Loyalsock for any purpose
whatsoever (including waste being stored temporarily for ultimate
disposal in a bulk container, as well as waste being stored for door-to-door
collection) shall place the same or cause the same to be placed in
sanitary closed or covered containers in accordance with the Loyalsock
Township Property Maintenance Code.[1]
Solid waste to be collected on a door-to-door
basis shall be prepared for such collection in a manner agreed upon
by the property owner and hauler.
[Amended 2-24-2009 by Ord. No. 332]
Solid waste of a highly flammable or explosive
nature, or highly infectious or contagious wastes shall not be stored
for ordinary collection, but shall be disposed of in accordance with
the directions of the Commonwealth of Pennsylvania, Department of
Environmental Protection.
A.
Solid waste to be collected by a licensed hauler shall
be prepared for and collected at sufficient intervals to protect the
general health, safety and welfare of the neighborhood.
B.
Any person or commercial establishment authorized
to dispose of its own waste shall provide for collection on a weekly
basis.
[Amended 2-24-2009 by Ord. No. 332]
All agreements for collection, transportation
and disposition of solid waste collected on a door-to-door basis shall
be by private contract between the person and the collector.
Any person transporting solid waste within the
Township of Loyalsock shall prevent or remedy any spillage from vehicles
or containers used in the transport of such solid waste.
[Amended 2-24-2009 by Ord. No. 332]
A.
All solid waste produced, collected and transported
from within the jurisdictional limits of the Township of Loyalsock
shall be, to the extent permitted by law, disposed of at the Lycoming
County solid waste system unless otherwise controlled and permitted
by the Commonwealth of Pennsylvania, Department of Environmental Protection.
B.
It shall be unlawful for a licensed or authorized
collector in the Township of Loyalsock to dispose of solid waste collected
within the Township of Loyalsock at a place other than the facilities
designated in the solid waste management plan of the municipality,
as approved by the Department of Environmental Protection.
The disposal of bulky wastes, such as, but not
limited to, refrigerators, stoves, other appliances, pieces of furniture,
auto parts and other household goods and equipment shall be performed
by commercial or private collection unless a cleanup campaign by the
Township of Loyalsock shall prescribe the manner of such collection
and disposal.
[Adopted 7-9-2013 by Ord. No. 355[1]]
[1]
Editor's Note: This ordinance superseded former Art. II, Recycling,
adopted 3-13-1990 by Ord. No. 221, as amended.
The short title of this article shall be "Loyalsock Township
Resource Recovery Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the
meanings indicated:
Empty all-aluminum beverage and food containers.
A person desiring to be authorized as a collector of source-separated
recycled materials.
Empty food or beverage containers consisting of steel and
aluminum.
Those properties used primarily for commercial or industrial
purposes, excluding those multiple-dwelling residential buildings
containing four or more dwelling units.
Church, school, civic, service group, and municipal functions
and all other such functions.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated steel food or beverage containers.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers and nursing homes.
Includes but shall not be limited to automotive, truck and
industrial batteries that contain lead.
Leaves from trees.
A person authorized to collect source-separated recyclable
materials from residential, commercial, institutional and municipal
establishments and multifamily housing properties in the Township
of Loyalsock.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Properties having four or more dwelling units per structure.
Collection of source-separated recyclable materials which
are separated by the generator into more than one collection container
and which are set out for collection in more than one container.
Public facilities operated by Loyalsock Township and other
governmental and quasi-governmental authorities.
Loyalsock Township, Lycoming County, Pennsylvania.
A source separation and collection program for recycling
municipal waste or source-separated recyclable materials, or a program
for designated dropoff points or collection centers for recycling
municipal waste or source-separated recyclable materials, that is
operated by, or on behalf of, a municipality. The term includes any
source separation and collection program for composting yard waste
that is operated by, or on behalf of, a municipality. The term shall
not include any program for recycling construction/demolition waste
or sludge from sewage treatment plants or water supply treatment plants.
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.
Owners, lessees and occupants of residences or commercial
or institutional establishments.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be regulated.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste, or
the mechanized separation and treatment of municipal waste (other
than through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
Any occupied single-family or multifamily dwelling having
up to, and including, three dwelling units per structure for which
the municipality provides municipal waste collection service.
Collection of source-separated recyclable materials which
are placed in a single container and set out for collection in that
single container.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Department for beneficial use.
A.
There is hereby established a municipal recycling program for the
mandatory separation of recyclable materials from solid waste by persons
residing in single dwellings or multifamily dwellings having up to,
and including, three dwelling units per structure.
B.
The Loyalsock Township Department of Streets shall be responsible
for scheduling a day at least once a month for collection of recyclable
material. The authority to establish and modify this schedule and
the responsibility for communicating it to the residents of the Township,
along with the authority to make regulations pursuant to this article,
shall be with the Department of Streets of the Township of Loyalsock.
A.
Recyclable materials from residential dwellings shall be placed at
the curb or other designated place separate from solid waste for collection
or taken to dropoff sites at such times, dates and places and in such
manner as may be established by regulation of the Department of Streets.
Materials required to be recycled under multi-stream recycling collection
are: clear glass, brown glass, green glass and aluminum beverage containers,
or other recyclable materials as designated by the municipality under
its regulations. Materials required to be recycled under single-stream
recycling collection are: aluminum beverage containers, plastic containers,
newsprint and all other materials identified by the licensed/registered
hauler servicing the address in its application for license/registration
with the Township.
B.
The recyclable material separated for multi-stream recyclables collection
shall be placed in containers which may be provided by the municipality
and, if so provided, said containers shall be and remain the property
of the municipality and remain with the residence regardless of owner
or tenant. Any misuse or destruction of said containers shall subject
the person responsible to a penalty as hereinafter set forth.
C.
Should the containers become lost or unusable, they must be replaced
by notifying the Township of Loyalsock Department of Streets. The
Township is authorized to charge a replacement fee in accordance with
rules and regulations of the Township of Loyalsock.
D.
Recyclable materials to be collected by private licensed/registered
haulers shall be placed in covered containers provided by the private
licensed/registered hauler.
A.
Commercial, municipal and institutional establishments shall separate
and store, until collection, high-grade office paper, corrugated paper
and aluminum, leaf waste, and other source-separated recyclable materials
which they may elect to recycle. These establishments must arrange
for the transfer of the materials at least once a month to a recycling
system by a collector licensed (for the purpose of collecting source-separated
recyclable materials) by the Township.
B.
The licensed recycling collector shall annually provide to the Township
of Loyalsock evidence of each such arrangement and documentation of
the total number of tons recycled by providing invoices showing the
materials collected from the establishments (or properties) that were
marketed.
C.
At all community activities, recyclable materials designed by the
Township must be separated until collection. Sponsoring organizations
must arrange for the transfer of the materials to a recycling system.
D.
Commercial, municipal and institutional establishments and coordinators
of community activities who comply with this article shall not be
liable for the noncompliance of their tenants where a portion of the
building is leased to tenants and/or for the noncompliance by the
general public where there is public access to the building or grounds
or in other public areas.
A.
The owner, landlord or an agent of an owner or landlord of multifamily
housing properties of four or more units shall establish a collection
system for recyclables at each property. Materials required to be
separated for multi-stream recyclables collection are clear glass,
colored glass and aluminum cans, or other recyclable materials as
designated by the municipality under its regulations. Materials required
to be recycled under single-stream recycling collection are: aluminum
beverage containers, plastic containers, newsprint, and all other
materials identified by the licensed/registered hauler servicing the
address in its application for license/registration with the Township.
The collection system must include suitable containers for collecting
and sorting materials, easily accessible locations for the containers
and written instructions to the occupants concerning the use and availability
of the collection system.
B.
These landlords or owners must arrange for the collection of the
recyclable materials by a licensed recycler at least once a month.
C.
Owners, landlords and agents of owners or landlords who comply with
this article shall not be liable for the noncompliance of occupants
of their buildings.
No person may place a used lead acid battery in mixed municipal
solid waste or 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.
All persons who reside in residential dwellings and all persons
who are responsible for administration of multifamily housing properties
and commercial, municipal and institutional establishments who gather
leaves shall source-separate all leaves from other waste and place
them for collection at the times and in the manner prescribed by the
Township. Leaves are not to be incorporated into the regular waste
stream. Nothing herein shall require any person to gather leaves or
prevent any person from utilizing leaves for compost, mulch or other
agricultural, horticultural or silvicultural gardening or landscape
purposes.
The Township of Loyalsock shall authorize, by issuance of a
license, such haulers to collect and market source-separated recyclable
materials from multifamily dwellings and commercial and institutional
establishments within the municipality. All applications for licensing
shall be reviewed by the Township and shall be approved in accordance
with the following criteria:
A.
No person, other than such persons as are duly authorized by the
Township, shall collect, transport and/or market source-separated
recyclable materials within or from the Township. Authorization shall
be given only by the Department of Streets of the Township of Loyalsock,
or its designee, in accordance with regulations established by said
Department.
B.
Licenses may be issued to only those persons who can provide satisfactory
evidence that they are capable of providing the necessary services
and can comply with the provisions and intent of this article and
the rules and regulations established by the Township.
C.
At the time of application submission, the applicant shall indicate
that he/she has the appropriate type of closed or covered truck with
which to collect source-separated recyclable materials and shall provide
evidence that he/she carries sufficient liability insurance on the
vehicle.
D.
Licenses shall be issued on a fiscal year basis and renewed annually,
but may be revoked at any time by the Township of Loyalsock for just
cause in accordance with the rules and regulations of the Township
of Loyalsock and/or the Department of Environmental Protection.
E.
Fees for such licenses shall be paid by the applicant to the Township
of Loyalsock, and said fees shall be on the basis of cost and covered
in the rules and regulations of the Township of Loyalsock.
F.
Nothing herein shall prohibit an individual from taking his or her
source-separated recyclable materials directly to a designated dropoff
site or to market in accordance with this article.
G.
Licensed haulers of recyclable materials shall, as a condition of
the license, annually provide to the Township documentation of the
total number of tons of that were recycled, or delivered to materials-recovery
facilities for recycling, by providing invoices or scale tickets showing
the materials collected from sources within the Township that were
marketed or delivered to materials-recovery facilities for recycling.
A.
Ownership of any recyclable materials is retained by the owners,
lessees and occupants of residences or commercial or institutional
establishments until the materials are placed at curbside or a similar
location for collection. Thereafter, once the materials are placed
at curbside or a similar location, they become the property of the
municipality or its contract collector.
B.
It shall be a violation of this article for any persons unauthorized
by the Township to collect or pick up or cause to be picked up any
such recyclable material. Each such collection in violation hereof
shall constitute a separate and distinct offense punishable as hereinafter
provided.
A.
All recyclable materials must be delivered by the authorized collector
to sites for recycling.
B.
It shall be a violation of this article for any person or the authorized
collector of recyclable materials to deliver such materials to a landfill
or incinerator for the purpose of disposal, unless the market for
such materials no longer exists. The authorized collector will provide
to the Township the weight receipts of the recyclable materials collected
and marketed.
Nothing herein is intended to or shall prohibit the Township
of Loyalsock (which has the responsibility for municipal waste planning,
recycling and waste reduction under the Act of July 1988, No. 101)
from entering into agreements with public or private agencies or firms
to authorize them to collect all or part of the recyclable materials
from residential dwellings at curbside or from dropoff collection
points.
This article shall be enforced by action brought before a District
Justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. Any person
who violates or permits the violation of this article shall, upon
conviction in a summary proceeding, be punishable by a fine of not
less than $100 nor more than $1,000 and/or by 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. Each section of this article that is violated shall also
constitute a separate offense.
