[Ord. 2004-353, 9/2/2004]
This chapter shall be known as the "Cranberry Township Municipal Solid Waste Ordinance."
[Ord. 2004-353, 9/2/2004]
The Township hereby establishes a program for municipal solid waste management and the mandatory separation of recyclables and yard waste from municipal waste which will be collected for disposal from residential dwellings, and commercial, industrial, and institutional establishments.
[Ord. 2004-353, 9/2/2004]
It is the intent and purpose of this chapter to promote the public health, safety and welfare, and to eliminate public health hazards, environmental pollution, and economic loss associated with municipal solid waste accumulated or stored upon any property within the Township.
Cranberry Township, recognizing that the reclamation of recyclable materials and the composting of yard waste has become an important method for addressing the growing solid waste disposal problem through conservation of landfill space, preservation of natural resources, and a reduction in energy consumption, does hereby authorize the storage, collection, transportation and processing of municipal solid waste, recyclable materials and yard waste in accordance with the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101 ("Pennsylvania Act 101"), 53 P.S. § 4000.101 et seq., the Butler County Solid Waste Management Plan, and this chapter.
This chapter is intended to be an integral part of an overall system designed to facilitate recycling and waste minimization and foster the cooperation of the residents and businesses by providing that all residential, commercial, industrial, and institutional waste shall be collected, transported, and disposed of within the following conditions:
For the purpose of municipal waste, source-separated recyclables and yard waste collection, all developed residential properties, except as exempted herein, shall be served by a licensed hauler through an exclusive contract with the Township to the extent provided by this chapter and all commercial, industrial and institutional establishments shall be served by a licensed hauler with which they contract directly.
Haulers collecting municipal solid waste, source-separated recyclables and yard waste shall be licensed with the Commonwealth of Pennsylvania and/or Butler County.
All municipal solid waste shall be disposed of at a facility designated in the Butler County Municipal Solid Waste Management Plan and in accordance with state, federal, and county laws and ordinances.
Source-separated recyclables and yard waste shall be managed in accordance with Pennsylvania Act 101 and the Butler County Municipal Solid Waste Management Plan and shall not be collected and removed for disposal at a landfill.
These conditions are established to ensure Township compliance with Pennsylvania Act 101, 53 P.S. § 4000.101 et seq., and the Butler County Municipal Solid Waste Management Plan.
[Ord. 2004-353, 9/2/2004]
The Township hereby establishes an education program for municipal solid waste management, recycling and composting in accordance with the provisions of Pennsylvania Act 101, 53 P.S. § 4000.101 et seq., and this chapter. Educational materials and presentations shall be designed to increase the participation of both residents and business; to meet the recycling rates and goals established by the commonwealth; and to encourage waste minimization and pollution prevention within the Township.
[Ord. 2004-353, 9/2/2004]
- BACKYARD COLLECTION
- Collection of municipal solid waste from residential properties at a location other than curbside.
- Plastic sacks designed for municipal waste with sufficient wall strength to maintain physical integrity when lifted by the top, with a capacity not to exceed 32 gallons and a loaded weight not to exceed 25 pounds.
- BASE COLLECTION RATE
- The monthly cost per residential unit for garbage collection service, which includes the collection of recyclables and yard waste.
- BOARD OF SUPERVISORS
- The governing body of the Township of Cranberry.
- The ninety-six-, sixty-four- and thirty-five-gallon wheeled container, owned and provided by the Township, which is capable of being mechanically unloaded into the contractor's collection vehicles.
- CLEAR GLASS
- Empty bottles, jugs and jars made of clear glass. Expressly excluded are broken glass, noncontainer glass, plate glass, automotive glass, safety glass, light bulbs and porcelain and ceramic products.
- COLORED GLASS
- Empty bottles, jugs and jars made of green or brown glass. Expressly excluded are broken glass, plate glass, automotive glass, safety glass, light bulbs, porcelain and ceramic products, and glass of any other than green or brown color.
- Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, and theaters. Multifamily dwellings and townhouses of greater than four units, not individually owned, mobile home parks, hotels, motels, mixed use properties (combined business/residential on a single parcel) and farms which use commercial dumpsters shall be considered commercial establishments. The term does not include properties where the primary permitted use is residential and an accessory use is commercial (i.e., home occupations).
- COMMUNITY ACTIVITIES
- Events sponsored in whole or in part by a municipality, or conducted within a municipality and sponsored privately, that will be attended by 200 or more individuals per day, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events.
- The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
- COMPOST BAG
- A paper bag specifically designed to hold yard waste, the material to be biodegradeable and compatible with composting facilities. A compost bag shall hold no more than 50 gallons when full and weigh no more than 40 pounds when filled.
- CONSTRUCTION DEBRIS
- Waste building materials resulting from construction, remodeling, repair or demolition operations.
- CONSTRUCTION AND DEMOLITION WASTE
- Lumber, roofing material, sheathing, rubble, broken concrete, macadam, plaster and brick, conduit, pipe, insulation, and other material which results from a construction, demolition, or remodeling process.
- A metal or plastic receptacle used for garbage, yard waste and/or recyclables collection and be rodent and insect proof.
- The individual, firm, partnership, joint venture, corporation, or association performing refuse collection and disposal under contract with the Township.
- From any structure, a point at the side of a Township- or state-maintained roadway abutting the property, or from a structure abutting a private roadway, a point at the side of the private roadway, provided the property owner has issued a waiver for collection vehicles to travel along the roadway for collection.
- CURBSIDE RECYCLING
- Recycling services generally provided to single-family structures and individually owned units in multifamily dwellings. Recyclables are placed by customers at curbside locations for collection.
- The owner of any residential, commercial, industrial, or institutional property located within the Township.
- DETACHABLE CONTAINER (also at times referred to as "dumpster")
- A watertight, all-metal container, not less than 3/4 cubic yard in capacity and equipped with a tight-fitting metal or plastic cover. The term shall also apply to containers of other material of similar size when approved by the Township.
- The deposition, 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 to the waters of this commonwealth.
- DISPOSAL SITE
- A refuse depository for the processing or final disposal of refuse including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing separation centers, licensed, permitted or approved by all governmental bodies and agencies having jurisdiction.
- DESIGNATED AGENT
- An agent such as the council of governments, or a municipal authority, acting on behalf of a municipality or county whose powers and responsibilities are established in an intergovernmental agreement or similar document.
- DWELLING UNIT
- One or more rooms on premises which have cooking facilities and are arranged for occupancy by one person, two or more persons living together, or one family. Each dwelling unit within a noncommercial building shall be considered an individual customer.
- EXCLUSIVE CONTRACT
- An agreement entered into by Cranberry Township, or its designated agent, with a private person or corporation for the collection and disposal of all residential municipal waste within Cranberry Township.
- A single parcel of land of at least 10 acres, which is used for normal agricultural purposes, including barns, greenhouses, and not more than three single-family dwelling units.
- FOOD WASTE
- Vegetable and other food scraps, including meat, dairy products, grease and bones; paper which has been contaminated with food, fat or grease; and compostable paper including paper towels, paper plates, tissue and waxed paper.
- All discarded putrescible waste matter but not including sewage or sewage sludge, human excrement or yard waste.
- A person or municipality that produces or creates municipal waste.
- HAZARDOUS WASTE
- Waste designated as "hazardous" by the United States Environmental Protection Agency or the Pennsylvania Department of Environmental Protection.
- Any establishment engaging in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants, and refineries.
- Any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools, and universities.
- LICENSED HAULER
- A person who has obtained a license from the Commonwealth of Pennsylvania and/or from Butler County or its designee. Said licenses will be issued under the Waste Transportation Safety Act (Pennsylvania Act 90), 27 Pa.C.S.A. § 6201 et seq., and the Municipal Waste Planning, Recycling, and Waste Reduction Act (Pennsylvania Act 101), 53 P.S. § 4000.101 et seq., authorizing said person to collect, transport, and/or dispose of municipal solid waste, recyclable materials and bulk waste from residential, commercial, industrial, and institutional establishments.
- The transfer of ownership of recyclable materials for the purpose of recycling the materials into a new product or use.
- MUNICIPAL WASTE
- 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 in the Solid Waste Management Act, 35 P.S. § 5018.101 et seq., 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 DISPOSAL TAG
- A tag(s) sold by the Township, or its authorized agent, to be used to provide for the curbside collection of certain municipal waste items. The tag shall be of different color and appearance and vary in cost to distinguish which tag should be attached to a specific municipal waste item. The cost of a tag shall be determined from time to time by resolution of the Board of Supervisors.
- MUNICIPAL WASTE LANDFILL
- 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, associated on-site and contiguous collection, transportation and storage facilities, closure and post-closure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The term does not include a construction/demolition waste landfill or a facility for the land application of sewage sludge.
- MUNICIPAL WASTE MANAGEMENT PLAN
- A comprehensive plan for an adequate municipal waste management system in accordance with 25 Pa.Code, Chapter 272, Subchapter C (relating to municipal waste planning).
- MULTIFAMILY DWELLINGS
- Structures for residential living consisting of attached units.
- An individual, partnership, corporation, association, institution, cooperative enterprise, 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.
- 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.
- Residential properties, this shall include mixed wastepaper, including office paper, junk mail and envelopes, corrugated and cardboard materials, newspapers, magazines, telephone books, bimetal and aluminum cans and lids, clean aluminum foil and foil products, clear glass and colored glass and plastics No. 1 through No. 6. For commercial, industrial, institutional and community activities recyclables shall include corrugated cardboard, high-grade office paper and aluminum cans.
- RECYCLE OR RECYCLING
- 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 other than a fuel for the operation of energy.
- RECYCLING FACILITY
- A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities.
- Discarded waste materials in a solid or semi- liquid state, consisting of garbage, rubbish or a combination thereof.
- RESIDENTIAL UNIT
- A group of rooms located within a building and forming a single inhabitable unit with facilities that are used or are intended to be used for living, sleeping, cooking and eating. Buildings are included that contain four or less separate or contiguous single-family dwelling units with each unit to be treated separately for purposes of billing, or multifamily dwelling units of five or more dwelling units that are separately owned.
- RESIDENCE, RESIDENTIAL
- Any house, dwelling, multi unit residence, apartment house, or any building put to residential use except mixed use buildings.
- RESIDUAL WASTE
- 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 shall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the Coal Refuse Disposal Control Act, 52 P.S. § 30.51 et seq. The term shall not include treatment sludge 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 act of June 22, 1937 (P.L. 1987, No. 394), known as the Clean Streams Law, 35 P.S. § 691.1 et seq. (Pennsylvania Act 101, § 103, 53 P.S. § 4000.103).
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
- All single-family homes, and multifamily dwellings of four units or less as well as multifamily dwellings of more than four units that are separately owned.
- The governmental jurisdiction and legal entity of Cranberry Township, Butler County, Pennsylvania.
- UNACCEPTABLE WASTE
- The following categories of materials are considered unacceptable for collection and disposal as municipal solid waste:
- A. Hazardous waste.
- B. Residual waste.
- C. Unsterilized or unprocessed infectious or pathological waste.
- D. Chemotherapeutic waste.
- E. Gas cylinders.
- F. Explosives and ordnance materials.
- G. Liquid waste (i.e., containing less than 20% solids by weight or flowable).
- H. Drums, barrels, and buckets unless lids have been removed and interiors cleaned and free of any residue.
- I. Radioactive materials.
- J. Any solid waste generated outside of the Township.
- K. Automotive parts, including tires.
- YARD WASTE
- Plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, yard waste does not include loose soils, sod; food waste, including from gardens or orchards; food compost; plastics and synthetic fibers; lumber; any wood or tree limbs over four inches in diameter; human or animal excrement; noxious weeds and soil contaminated with hazardous substances.
- YARD WASTE COMPOSTING FACILITY
- A facility that is used to compost leaf waste, or leaf waste and grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative material. The term includes land affected during the lifetime of the operation including, but not limited to, areas where composting actually occurs, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection and transportation activities, and other activities in which the natural surface has been disturbed as a result of or incidental to operation of the facility.