Fire prevention — See Ch. 76.
Junkyards and salvage yards — See Ch. 90.
Nuisances — See Ch. 101.
Property maintenance — See Ch. 110.
ARTICLE IRecycling (§ 131-1 — § 131-12)
ARTICLE IIDisposal of Solid Waste (§ 131-13 — § 131-21)
§ 131-3Establishment of program; grant of power.
§ 131-4Lead-acid batteries.
§ 131-5Separation and collection.
§ 131-6Ownership of recyclable materials.
§ 131-7Collection by unauthorized persons.
§ 131-8Existing recycling operations.
§ 131-9Recycling of materials.
§ 131-10Enforcement and administration.
§ 131-11Agreements with collectors.
§ 131-12Prepayments to private collectors.
The short title of this article shall be the "Rochester Township Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article shall have the following meanings:
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.Editor's Note: See 53 P.S. § 4000.101 et seq.
- ALUMINUM CONTAINERS
- Empty all-aluminum beverage or food containers.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of steel, aluminum and/or tin.
- The entity or entities authorized by the Township to collect designated recyclable materials from residences or authorized by multifamily housing properties, commercial, municipal and institutional establishments and community activities that do not receive collection services from the Township to collect designated recyclable materials from those properties.
- COMMERCIAL ESTABLISHMENT
- An establishment whose primary use is commercial and is engaged in nonmanufacturing or nonprocessing business, including but not limited to markets, office buildings, restaurants, shopping centers, stores, and residential buildings containing four or more dwelling units.
- COMMINGLED RECYCLABLE MATERIALS
- Those recyclable materials separated from municipal waste at the point of origin and set aside in a mixed agglomeration for the purpose of being recycled.
- COMMUNITY ACTIVITIES
- 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.
- CORRUGATED PAPER
- Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
- FERROUS CONTAINERS
- Any steel or tin-coated food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper, copier paper, letterhead, mimeograph paper, and computer paper, typically sold as "white ledger" paper, used in commercial, institutional, and municipal establishments and in home occupation businesses.
- INSTITUTIONAL ESTABLISHMENTS
- Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, airports, schools and universities.
- LEAD-ACID BATTERIES
- Automotive, truck and industrial batteries that contain lead.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
- MAGAZINES AND PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
- MULTIFAMILY HOUSING PROPERTIES
- Any residential property having four or more dwelling units per structure.
- MUNICIPAL ESTABLISHMENT
- Public facilities operated by the Township and other governmental and quasi-governmental entities.
- The Township of Rochester.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid or semisolid materials, including any contained
gaseous materials, resulting from operation of residential, municipal,
commercial, or institutional establishments or community activities,
and any sludge from a municipal, commercial, or institutional water
supply treatment plant or air pollution control facility not meeting
the definition of residual or hazardous waste in the Solid Waste Management
Act.Editor's Note: See 35 P.S. § 6018.101 et seq.
- 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. Expressly excluded are newspapers which have been soiled, color comics, glossy advertising inserts, and advertising inserts printed in colors other than black and white often included with newspapers.
- Owners, lessees, and occupants of residences and commercial, municipal, and institutional establishments.
- PLASTIC CONTAINERS
- Plastic food and beverage containers. Due to the wide variety of types of plastics, the Township may stipulate specific types of plastic which may be recycled.
- RECYCLABLE MATERIALS
- Material generated by residences, multifamily housing properties, commercial, municipal and institutional establishments and community activities which are designated by the Township pursuant to this article and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials designated by the Township may include, but are not necessarily limited to, clear glass containers, colored glass containers, aluminum containers, steel and bimetal containers, high-grade office paper, newspapers, corrugated paper, leaf waste, plastic containers, and any other items selected by the Township or specified in future revisions to Act 101. The recyclable materials designated by the Township may be revised from time to time as deemed necessary by the Township.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed 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.
- Any occupied single-family or multifamily dwellings having up to and including three dwelling units per structure.
- The Township of Rochester.
- 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 recyclable materials designated by the Township or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
The Township hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation and composting or other appropriate processing of leaf waste from all residences and all commercial, municipal, and institutional establishments located in the Township for which municipal waste collection is provided through Township contract or any other collector. The collection of municipal waste containing recyclable materials in combination with nonrecyclable materials is forbidden.
Collection of the recyclable materials shall be made at least monthly, or more frequently as required by the Board of Commissioners, by the municipal waste collectors operating in the Township and authorized to collect recyclable materials from residences or from commercial, municipal, and institutional establishments. The recycling program shall also contain a sustained public information and education program.
Disposal by persons of lead-acid batteries with other municipal waste is prohibited and shall be a violation of this article.
All persons in the Township shall separate all recyclable materials designated by the Township in the recycling regulations from all other municipal waste, store such materials for collection, and shall place the same for collection in accordance with the guidelines in this article and the recycling regulations.
Persons in residences must separate recyclable materials designated in the recycling regulations from other municipal waste. These designated recyclable materials shall be placed at curbside in containers provided or designated by the Township for collection. Any containers provided to residences for collection of designated recyclable materials shall be the property of the Township and shall be used only for the collection of designated recyclable materials. Any resident who moves within or from the Township shall be responsible for returning the allocated container(s) to the Township. Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by a person other than the person allocated such container(s) shall be a violation of this article.
An owner, landlord, or agent of an owner or landlord of a multifamily rental housing property with four or more units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collection and sorting the recyclable materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords, or agents of an owner or landlord who comply with this article shall not be liable for noncompliance of occupants of their buildings.
Persons must separate high-grade office paper, aluminum containers and corrugated paper and such other recyclable materials as may be designated in the recycling regulations generated at commercial, municipal and institutional establishments and community activities and store the designated recyclable materials until collection. A person may be exempted from this subsection if that person submits documentation to the Township annually in the form, time and manner specified in the recycling regulations indicating that the designated recyclable materials are being recycled in an appropriate manner.
If designated recyclable materials are collected by a collector other than the Township or its authorized collectors, occupants of commercial, municipal and institutional establishments and the sponsors of community activities shall submit an annual report to the Township reporting the tonnage of materials recycled during the previous year, in a form, time and manner specified in the recycling regulations.
All persons must separate leaf waste from other municipal waste generated at residences, multifamily housing properties, commercial, municipal and institutional establishments and community activities for collection as required by the leaf waste regulations, unless those persons have otherwise provided for composting of leaf waste.
All designated recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this article shall, from time of placement at curbside, become the property of the Township or authorized collector, as the case may be, except as otherwise provided by § 131-7 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, other than the Township or one authorized by the Township or other entity responsible for providing for collection of designated recyclable materials, to collect designated recyclable materials placed by residences, multifamily housing properties, commercial, municipal and institutional establishments and community activities for collection by the Township or an authorized collector, unless such person has prior written permission from the generator to make such collection. Each unauthorized collection from each property on each day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any residence, multifamily housing property, commercial, municipal or institutional establishment or community activity may donate or sell designated recyclable materials to any person, firm or corporation, whether operating for profit or not, engaged in the business of recycling on or before October 19, 1993, provided that the receiving person, firm or corporation shall not collect such recyclable materials from the collection point of a residence, multifamily housing property, commercial, municipal or institutional establishment or community activity without prior written notification to and written consent of the Township.
Disposal by persons of designated recyclable materials with municipal waste is prohibited and shall be a violation of this article. The collected designated recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of designated recyclable materials in landfills or by burning in incinerators is prohibited unless markets do not exist, the collectors or operators have notified the Township in writing in advance, and the Township gives its advance written consent to the same.
The Board of Commissioners is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article as deemed necessary, including but not limited to:
Establishing recyclable materials to be separated for collection and recycling by residences and additional recyclable materials to be separated by municipal or institutional establishments.
Establishing collection procedures for designated recyclable materials.
Establishing reporting procedures of amounts of material recycled.
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
Establishing procedures and rules for the separation, composting, or other acceptable processing of leaf waste.
Any person, firm or corporation who or which shall violate the provisions of this article shall receive an official written warning of noncompliance for the first and second offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
Any person, firm, or corporation who or which shall violate the provisions of this article or the recycling regulations or leaf waste regulations shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not more than $1,000, plus all court costs, and, in default of payment of such fine and costs, be imprisoned for a term not exceeding 30 days. Each day during which any violation continues shall constitute a separate offense.
The Township reserves the right not to collect municipal waste containing designated recyclable materials in combination with nonrecyclable materials.
The Township may enter into agreements with public or private agencies or firms to authorize them to collect all or part of the designated recyclable materials other than leaf waste from curbside. The Township may enter into agreements with public or private agencies or firms to authorize them to collect all or part of the leaf waste generated in the Township.
If the Township will have entered into an agreement with a public or private agency or firm to authorize it to collect all or part of the designated recyclable materials other than leaf waste and other solid waste materials from curbside, and if said agreement will have become effective prior to the expiration of prepayments by any Township resident to a private garbage collector, no Township resident will have to pay twice for garbage and/or recyclable collection.
§ 131-14Licensing of collectors and/or transporters.
§ 131-15Disposal of municipal waste at designated municipal waste processing
or disposal facility.
§ 131-17New facilities prohibited; continuation of existing facilities.
§ 131-18Unlawful conduct; nuisances.
§ 131-19Violations and penalties.
§ 131-20Injunction; concurrent remedies.
§ 131-21Construal of provisions.
Unless the context clearly indicates otherwise, the following items used in this article shall have the following meanings:
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.Editor's Note: See 53 P.S. § 4000.101 et seq.
- The disposition, 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 in the waters of the Commonwealth of Pennsylvania.
- A facility using land for disposing of municipal waste. The facility includes land affected during the lifetime of operations, including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads and transportation and storage facilities. The term does not include construction/demolition waste landfills or a facility for the land application of sewage sludge.
- Any City, Borough, incorporated Town, Township or home rule municipality located in the County of Beaver.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
- MUNICIPAL WASTE LANDFILL
- Any facility that is designed, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the Pennsylvania Department of Environmental Protection under the Solid Waste Management Act. The term shall not include any facility that is used exclusively for the disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
- Permit number issued by the Pennsylvania Department of Environmental Protection for the operation of the landfill by the operator.
- Any individual, partnership, corporation, 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 of the subject of rights and duties.
- The collection, separation, recovery and sale or reuse of metals, glass, papers, leaf waste, plastics and other materials which would otherwise be disposed 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.
- SOLID WASTE MANAGEMENT ACT
- Act 97 of 1980, 35 P.S. § 6018.101 et seq., and the Pennsylvania Department of Environmental Protection regulations promulgated thereunder.
Not later than 120 days after the effective date of Beaver County Ordinance No. 082092-SWM, all persons collecting and/or transporting waste within the Township of Rochester shall be required to obtain a Beaver County license pursuant to Beaver County Ordinance No. 082092-SWM.
All municipal waste collectors and transporters shall deliver and dispose of all municipal waste generated within the Township of Rochester, other than recyclable materials as designated in Article I, Recycling, of this chapter, at the sites designated by the Township of Rochester by resolution from time to time.
All collectors and transporters shall comply with all Beaver County rules and regulations adopted by Beaver County and the Township of Rochester pursuant to Act 101, Beaver County Ordinance No. 080292-SWM, or of this article.
Prohibition of municipal waste processing and disposal facilities. No person other than the County of Beaver, the United States of America, the Commonwealth of Pennsylvania, or the Township of Rochester shall use or permit to be used any property owned or occupied by that person within the Township of Rochester as a new municipal waste processing or disposal facility, for the processing or disposal of waste generated within Beaver County, without the express written approval of Beaver County and the Pennsylvania Department of Environmental Protection.
Existing facilities. The prohibition set forth in Subsection A of this section shall not interfere with the operation of any existing facility, provided that:
The owner/operator of the facility has an approved permit or has submitted a permit application to the Pennsylvania Department of Environmental Protection prior to April 9, 1990.
The facility does not accept municipal waste from any sources within the County of Beaver other than those authorized by the facility's permit.
Unlawful conduct. It shall be unlawful for any person to:
Violate or cause or assist in the violation of any provision of this article, Beaver County Ordinance No. 082092-SWM or any rule, regulation or order promulgated by Beaver County Ordinance No. 082092-SWM.
Cause to be processed, treated, or disposed of municipal waste generated within the Township of Rochester at a facility other than that designated pursuant to the Rochester Township Waste Disposal Agreement and the Beaver County Solid Waste Management Plan.
Collect or transport municipal waste generated within the Township of Rochester without a valid Beaver County license.
Hinder, obstruct, prevent or interfere with the Township of Rochester in the performance of its duties under this article, Act 101 or any enforcement of this article.
Act in any matter that is contrary to Act 101, Beaver County's Municipal Waste Management Plan, Beaver County Ordinance No. 082092-SWM, this article, or any Beaver County or Rochester Township rule or regulation promulgated pursuant to this article or Beaver County Ordinance No. 082092-SWM, or the terms of any licenses issued by Beaver County.
Any person who engages in unlawful conduct as defined in this article shall be subject upon conviction thereof to a fine not to exceed $1,000 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
Restraining violations. In addition to any other remedy provided in this article, the Township of Rochester may institute a suit in equity if unlawful conduct or a public nuisance exists as defined in this article for an injunction to restrain a violation of this article, or rules, regulations, or orders issued pursuant to this article or Beaver County Ordinance No. 082092-SWM. In addition to an injunction, the court may impose penalties as authorized by § 131-19 hereof.
Concurrent remedies. The penalties and remedies prescribed by this article shall be deemed concurrent and the existence or exercise or any remedy shall not prevent the Township of Rochester from exercising any other remedy provided by this article or otherwise provided at law or equity.
The terms and provisions of this article are to be liberally construed so as to best achieve and effectuate the goals and purpose hereof. This article shall be construed in pari materia with Beaver County Ordinance No. 082092-SWM and Act 101.