[HISTORY: Adopted by the Board of Supervisors of the Township
of Dickinson 9-15-2014 by Ord.
No. 2014-03.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 75.
Nuisances — See Ch. 130.
Disposal of waste in parks and recreation areas — See Ch. 137.
Sewers and sewage disposal — See Ch. 159.
[1]
Editor's Note: This ordinance also superseded former
Ch. 166, Solid Waste, adopted 1-17-2011 by Ord. No. 2011-01.
The purpose of this chapter is to provide for the health, safety,
and welfare of the residents of Dickinson Township by regulating the
collection, storage, transportation, removal, dumping, deposit, disposal
and recycling of solid waste by instituting a comprehensive solid
waste management program pursuant to the requirements of the Municipal
Waste Planning, Recycling and Waste Reduction Act (Act 101) and amendments
thereto.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
This chapter is enacted pursuant to the enabling authority of
the Second Class Township Code, Section XXI, § 2101 et seq.,
and Act 101 of 1988, known as the Municipal Waste Planning, Recycling
and Waste Reduction Act (Act 101).
This chapter shall be known and may be cited as the "Dickinson
Township Solid Waste and Recycling Ordinance."
The following words and terms when used in this chapter shall
have the following meanings:
The lightweight ductile and malleable metallic substance
or element commonly known as "aluminum" and shall include all aluminum
food and beverage cans. This description excludes aluminum foil, trays,
plates, and miscellaneous aluminum products.
A building used for residential purposes with three or more
dwelling units, and any and all other multiresidential dwelling units,
including condominiums but excepting hotels, motels, tourist cabins
and dormitories.
The residue from the burning of wood, coal, coke or other
combustible materials for the purpose of heating and cooking.
Thirty- to thirty-three-gallon plastic bags to be used for
the storage of solid waste and collection of solid waste by the Township
contracted hauler; but does not mean and include bags used for the
storage and collection of ashes or paper bags for the storage of magazines
and newspapers, including glossy and/or colored circulars/advertisements
as recyclables.
Large items of solid waste and requiring special handling,
including, but not necessarily being limited to, large household appliances
such as stoves and refrigerators (with coolant removed), plumbing
fixtures, furniture, large crates, mattresses, tools, machinery or
parts thereof.
Establishments engaged in nonmanufacturing or nonprocessing
business; including but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
Events that are sponsored in whole or in part by the Township,
or conducted within the Township and sponsored privately, which include,
but are not limited to, fairs, bazaars, socials, picnics, craft fairs,
and organized sporting events that will be attended by 200 or more
individuals per day.
Layered paper or cardboard in which one or more layers is
pressed into parallel grooves or ridges and which is normally used
for wrapping, packing, shopping and/or storage of dry materials. Specifically
excluded from this definition are pressboard and cardboard commonly
known as "asian board" or "asian cardboard," as well as any corrugated
cardboard containing a shiny finished side or sides or which is contaminated
with food or other material.
Computer, television and similar devices as more particularly
defined in the Covered Device Recycling Act, Act 108 of 2010.
One or more rooms used for living and sleeping purposes and
having sanitary sewage facilities and a kitchen with fixed cooking
facilities arranged for occupancy by one family or a single person.
A fixed price for solid waste and recyclables collection
and disposal services for which payment is made on a quarterly basis.
Under the flat-rate system, all solid waste shall be placed in the
toter cart distributed by the Township contracted hauler or, for quantities
in excess of the toter cart capacity as specifically provided for
in this chapter.
All table refuse, animal and vegetable matter, offal from
meat, fish and fowl, fruits, vegetables and parts thereof, and all
other sections and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
The hard, brittle, transparent or partially transparent substance
produced by fusion of silica and silicates or sand containing soda
and lime and/or other chemicals and substances usually included in
the manufacture of glass; and shall for the purpose of this chapter
include all materials commonly known as glass bottles or containers.
This includes all food and beverage containers made of glass of one
gallon or less capacity. Excluded are blue glass, ceramics, pottery,
and flat glass commonly known as window or plate glass, light bulbs,
headlights, and mirrors.
Magazines and shiny newspaper inserts commonly used in advertisements.
Any solid waste and/or recyclables collection company licensed
by the County of Cumberland in the Commonwealth of Pennsylvania.
Any chemical, compound mixture or substance which is designated
by the United States Environmental Protection Agency or appropriate
agency of the state to be "hazardous" as that term is defined by or
pursuant to federal or state law and, for the purposes of this chapter,
includes "residual waste" as that term is defined by state or federal
law or regulation.
Printed or unprinted sheets, shavings or cuttings of sulfite
or sulfate ledger, bond, writing, or other paper having similar fiber
or filler content, including, but not limited to, stationery, copy
paper and computer paper, and excluding treated, coated, and padded
stock.
Those facilities that house or serve groups of people for
a common purpose, such as hospitals, schools and nursing homes.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
Except as provided in this chapter, defined as every household
in the Township participating in the solid waste collection and recycling
program initiated by the Township with the Township contracted hauler.
A parcel or parcels of contiguous land designed and improved
for use by two or more mobile homes.
Public facilities operated by the Township and any other
governmental and quasi-governmental authorities.
Types of paper made from wood pulp and/or other fibrous materials
mixed together, whether with or without chemicals, to produce thin
sheets of the products customarily and primarily used for the production
of newsprint; newspaper does not include magazines or glossy paper
insert commonly used in advertisements.
Cereal, soda, pasta, etc., boxes that can be torn.
Solid waste collection and rate system where persons pay
for each bag of solid waste collected. Each bag to be collected must
display a tag or other distinguishing marker. Such tags are to be
purchased initially from the Township contracted hauler and thereafter
from either the Township contracted hauler or the Township.
Every natural person, firm, corporation, partnership, association,
institution or other entity. In any provision of this chapter prescribing
a fine, imprisonment or other penalty, the term "person" shall include
the individual partners of a partnership and the individual officers
and directors of any corporation, association or other entity having
officers and/or directors.
Narrow-necked plastic containers bearing numbers 1 through
7 in the recycling symbol shown on the bottom of the container.
Any facility maintained for the purpose of storing, preparing,
and/or consolidating recyclables (as defined herein) for sale.
Any premises which is capable of being a fire, health or
safety hazard due but not limited to accumulation of any flammable
materials, solid waste, recyclables or hazardous waste, or any premises
which contains an unauthorized accumulation of sold waste and/or recyclables.
Clear and colored glass; aluminum cans, plastics Nos. 1 through
7 (narrow-necked containers with lids removed only; newspaper; steel,
tin and bimetallic cans; corrugated cardboard; glossy paper; high-grade
office paper and such other materials as the Township may designate
from time to time.
Those services to be performed by the Township contracted
hauler or other hauler(s) as follows:
Sturdy plastic container having a minimum capacity of 18
gallons, being of one color and designated by the Township.
Branches, trees, sawdust, chops, shaving, wood, woodenware,
leather, rags, grass, straw, manure, and all solid combustible materials
not included in this section under the term "garbage."
A system in which all recyclables, including newspaper, cardboard,
plastic, aluminium, junk mail, etc., are placed in a single bin or
cart for recycling.
All matter and materials which are discarded or rejected
by the owners or producers thereof as offensive or useless or which
by their presence or accumulation may injuriously affect the health,
comfort, and safety of the citizens of the Township. "Solid waste"
includes ashes, garbage, rubbish, trash, and other refuse materials,
but excludes human body waste, debris from household renovations (whether
interior or exterior), dirt, rock, lead pipes, leaf waste, and "hazardous
wastes" and "recyclables" as defined herein.
Those services to be performed by the Township contracted
hauler or other hauler(s) which include the collection of solid waste
from locations specifically designated by the Township, transportation
of solid waste in trucks, and disposal of solid waste at a facility
licensed by the Pennsylvania Department of Environmental Protection
in accordance with the Cumberland County Municipal Waste Management
Waste Plan.
Marker, obtained by purchase from the Township contracted
hauler, to be affixed to a bag for the storage and collection of solid
waste under the per-bag system or for solid wastes in excess of the
capacity of a toter cart.
Ninety- to ninety-nine-gallon container to be distributed
by the Township contracted hauler and which will remain the property
of the Township contracted hauler.
A hauler authorized by the Township by means of an independent
contract to have the right and privilege, subject to certain limitations,
to collect, transport and/or dispose of solid waste and recyclables
within the Township, but shall not be construed as meaning that such
person or business is an agent, employee, official or representative
of the Township.
A single-family dwelling attached to another dwelling and
separated by a common wall, which shall include a duplex and similar
dwellings.
Any group of three or more townhouse dwelling units under
common ownership, management or control, whether by one or more individuals
or a homeowners' association.
A vehicle used for the collection of solid waste and/or recyclables
which has mounted thereon an approved watertight sanitary body or
which has a standard truck body made watertight and equipped with
means of covering to prevent loss of solid waste and recyclables by
wind.
On or after April 1, 2015, it shall be mandatory for all persons
who are owners, lessees and occupants of dwelling units and commercial,
municipal or institutional establishments within the Township to separate
and store recyclables and solid waste and provide for the proper collection
and disposal and/or recycling of said materials in accordance with
this chapter.
A.
Rental dwelling units. A person who owns dwelling units made available for lease or rent shall be solely responsible for compliance with this chapter for such rental dwelling units until such time that the owner complies with the reporting requirements of the Dickinson Township Residency Reporting Ordinance, Chapter 146 of the Code of the Township of Dickinson.
A.
For purposes of this chapter, the following materials, at a minimum,
are determined to be recyclables, which are to be separately collected
from solid waste and recycled single stream by the Township contracted
hauler.
(1)
High-grade office paper;
(2)
Clear glass;
(3)
Colored glass (green, brown and amber);
(4)
Aluminum cans;
(5)
Bimetallic, tin and steel cans;
(6)
Corrugated cardboard;
(7)
Newspaper;
(8)
Glossy paper;
(9)
Telephone books;
(10)
Plastics Nos. 1 through 7, but only narrow-necked containers
with lids removed; and
(11)
Paperboard, such as cereal or pasta boxes.
B.
No covered devices may be deposited with other solid waste or recyclables
for collection.
C.
The Township shall have the right by resolution to designate additional
recyclables and/or to delete materials from the list of recyclables
to be collected, depending on feasibility and marketability of recyclables
and requirements of state law or regulation.
D.
The Township contracted hauler and other haulers shall, on an annual
basis provide a recycling report to the Township, which shall be submitted
in the form requested by the Township and which shall include complete
information with respect to the amounts of each recyclable collected
during the preceding year.
A.
Residential. Except as provided herein, it shall be mandatory for
all persons who are owners, lessees or occupants of dwelling units
to separate and store solid waste for the proper collection and disposal
by the Township contracted hauler. The Township Manager is authorized
to exempt the following from this requirement:
(1)
Vacant dwelling units. Provided that a sworn affidavit of the owner
of such dwelling unit as to its vacancy is provided to the Township
Manager.
(2)
Seasonally occupied dwelling unit. For purposes of this chapter,
seasonally occupied dwelling units are those not occupied for more
than six months within the current year of the contract with the Township
contracted hauler a given year, provided that a sworn affidavit of
the owner of such dwelling unit as to its seasonal occupancy is provided
to the Township Manager.
(3)
Alternative means of disposal. Such as disposal at a place of business
operated by the owner, lessee or occupant of the dwelling unit, provided
that a contract with the Township contracted hauler or a hauler and
a sworn affidavit of the owner, lessee or occupant as to the alternative
means of disposal is provided to the Township Manager.
B.
Commercial, municipal or institutional establishments and community
activities. It shall be mandatory that all solid waste generated by
a commercial, municipal or institutional establishment and community
activity be collected by a hauler.
A.
Preparation of solid waste, recyclables and ashes.
(1)
Solid wastes shall be separated and stored apart from recyclables.
(2)
All solid wastes shall be drained of liquids before being deposited
for collection.
(3)
Glass and plastic containers shall have caps and lids removed.
(4)
Glass, cans and plastics shall be rinsed free of content.
(5)
Ashes shall be stored in a noncombustible container until cool.
(6)
Magazines and newspapers, including glossy and/or colored circulars/advertisements,
may be placed in paper bags for recyclables collection. Storage of
such materials in plastic bags is prohibited.
(7)
All solid waste and recyclables shall be otherwise prepared for collection
in accordance with such regulations as are established by the Township
by resolution.
B.
Containers.
(1)
Containers to be collected by the Township contracted hauler.
(a)
All solid waste shall be placed in thirty- to thirty-three-gallon
plastic bags, provided by the residential customer, or placed in a
ninety- to ninety-nine-gallon toter cart, as provided by a Township
contracted hauler.
(b)
Recyclables to be regularly collected by the Township contracted
hauler shall be placed in a recycling container which is clearly distinguishable
from the bags used for collection of solid waste. The initial containers
for residential customers shall be provided by the Township contracted
hauler at no cost. Damaged containers shall be replaced at no cost
to the customers.
(c)
Cooled ashes shall be place in a bag for collection, provided
that the bag weighs less than 40 pounds and the bag is constructed
of a material suitable for containing such material and weight, and
disposed by either placing bag in toter cart, or by placing a tag
on the bag.
(d)
Bulk waste shall be collected on a weekly basis on the same
day as solid waste and recyclables. The collection of such bulk waste
shall be subject to the restrictions and requirements of the Township
contracted hauler.
(e)
Corrugated cardboard shall be cut into sections dimensioned
no larger than three feet by three feet and placed in the recycling
container for collection.
(f)
All solid waste placed for collection shall be enclosed entirely
within the bag or into the toter provided by the Township contracted
hauler. Solid waste placed in the bag shall be in such a quantity
that the plastic bag can be tied closed and all content thereof completely
confined within the bag. Taping and/or cutting of a bag for the purpose
of depositing therein solid waste in an amount in excess of the bag's
intended capacity is prohibited.
(2)
Toter carts shall be delivered by the Township contracted hauler
to those residents selecting the flat-rate system for payment of solid
waste and recyclables collection services. Such toter carts shall
remain the property of the Township contracted hauler.
(3)
In the case of bulk waste, which by its nature is impractical of
containment and incapable of causing litter, no container shall be
required for collection purposes.
C.
Storing of solid waste and recyclables.
(1)
No person shall store or place any solid waste or recyclable in any
street, alley or public place or upon any private property, whether
owned by such person or not, except in proper containers for collection
or under an express approval of the Township Manager.
(2)
No person shall throw or deposit any solid waste or recyclables along
roadsides, in any stream or other body of water.
(3)
Leaf waste shall not be placed or allowed to remain loose upon or
collected in piles upon any street or sidewalk.
A.
All owners of property within the Township shall provide for the
storage, collection and disposal of all solid waste and recyclables
generated at such properties in one of the approved manners set forth
in this chapter.
B.
Dwelling units.
(1)
On or after April 1, 2015, and except as otherwise provided in this
chapter, solid waste and recyclables from all dwelling units within
the Township shall be collected by the authorized Township contracted
hauler. Recyclables shall be collected by the Township contracted
hauler on at least a weekly basis, on the same day as the collection
of solid waste. Solid waste shall be collected by the Township contracted
hauler from dwelling units as often as necessary, but not less often
than weekly. Solid waste shall be stored and collected by bag, where
the customer is on the per-bag system, or in a toter cart, where the
customer is on a flat rate.
(2)
Those persons selecting the per-bag system shall purchase the initial
tag supply to be affixed to the bags directly from the Township contracted
hauler. Additional tags can be purchased from the Township contracted
hauler or the Township. Persons selecting the per-bag system shall
be required to purchase a minimum of six tags per calendar year.
(3)
Those persons selecting the flat-rate system shall be billed a fixed
rate by the Township contracted hauler and payable directly to the
Township contracted hauler. Billing by the Township contracted hauler
may be in advance of service.
(4)
Participants in the flat-rate system shall receive a ninety- to ninety-nine-gallon
toter cart to be distributed by, and to remain the property of, the
Township contracted hauler. Solid waste generated in excess of ninety-
to ninety-nine-gallon capacity of the toter cart shall be placed in
trash bags identified with tags or other distinguishing marker sold
by the Township contracted hauler. Any such bags in excess of the
toter cart shall be subject to an additional charge by the Township
contracted hauler. Such charge shall be the same per-bag cost as the
per-bag cost under the per-bag system of collection.
C.
Apartment houses, townhouse complexes, condominium complexes, mobile
home parks and similar complexes.
(1)
On or after April 1, 2015, the owner(s) or an authorized agent of
the owner(s) of an apartment house, townhouse complex, condominium
complex, mobile home park or similar complexes or of individual dwelling
units within such complexes may establish a unified collection system
for the storage and collection of solid waste and recyclables at each
complex by private agreement with the Township contracted hauler for
such storage and collection. The storage and collection system must
use containers that are suitable in material and size for collecting
and separately sorting solid waste and recyclables. Such containers
shall be easily accessible to the occupants of the dwelling units
in the complex. The Township contracted hauler shall provide the owner(s)
of the complex and the owner or occupant(s) of each dwelling unit
written instructions concerning the use and availability of the collection
system.
(2)
Recyclables shall be collected from such complexes as often as necessary,
but not less than once a month. Solid waste shall be collected from
such complexes as often as necessary, but not less than once a week.
D.
Commercial, municipal and institutional establishments.
(1)
On or after April 1, 2015, commercial, institutional and municipal
establishments shall provide for the collection of solid waste and
recyclables by contracting with a hauler.
(2)
Recyclables shall be collected from commercial, institutional and
municipal establishments as often as necessary, but not less than
once a month. Solid waste shall be collected from commercial, municipal,
and institutional establishments as often as necessary, but not less
than once a week.
A.
Points of collection of solid waste and recyclables are a matter
for agreement between the private parties involved; provided, however,
that no cartway of a road, street or alley shall be used as a point
for the placing of waste containers for collection and further provided
that points of collection shall not constitute a nuisance, cause a
health or safety problem, or be unnecessarily offensive to the senses.
B.
Recyclables and solid waste that have been scattered or spilled from
recycling containers, bags or toter carts, other than through the
negligence of the Township contracted hauler or other hauler(s), shall
be placed promptly into the recycling container, bag or toter cart,
as the case may be, by the property owner, lessee, occupant and/or
resident.
A.
All collections by any hauler shall be made between the hours of
6:00 a.m. and 5:00 p.m.; provided, however, that this shall not prevent
the collection of solid waste and recyclables on any emergency basis
upon prompt notification of the Township of the emergency and upon
written authorization from the Township Manager for any emergency
hours extending beyond a single calendar day.
B.
No hauler shall collect solid waste and recyclables within the Township
limits on Sunday.
Hazardous waste shall not be placed in recycling container,
bags or toter carts for regular collection by a hauler, but shall
be handled and disposed of in an alternate and safe manner and in
accordance with all applicable federal, state and local statutes,
ordinances, rules and regulations.
It shall be unlawful for any person who is not authorized by
the Township to collect or transport solid waste or recyclables from
any other person's property. Any and each collection in violation
hereof from one or more locations shall constitute a separate and
distinct offence punishable as hereinafter provided.
A.
Any person(s) wishing to collect, transport, and dispose of solid
waste and recyclables generated in the Township is required to be
a hauler, as defined in this chapter.
B.
Each vehicle covered by a hauler's license and operated in the
Township shall be registered and permitted in accordance with the
regulations of the Cumberland County Recycling and Solid Waste Authority.
C.
The Township contracted hauler shall provide proof to the Township
that each vehicle covered by its license is registered and permitted
in accordance with the regulations of the Cumberland County Recycling
and Solid Waste Authority.
A.
The collection, transport and disposal of solid waste and recyclables
generated by sources other than commercial, municipal and institutional
establishments, unless otherwise specified in this chapter, shall
be on an exclusive basis awarded to the Township contracted hauler
pursuant to a contract between the Township and the Township contracted
hauler after the submission and award of a bid.
B.
No Township contract shall be entered into with any hauler unless
assurance is provided by the hauler, in writing, that any failure
during the term of the contract to comply with the Department of Environmental
Protection's operative statutes, rules and regulations, the Township's
ordinances and regulations, and Cumberland County Recycling and Solid
Waste Authority's rules and regulations shall be promptly and
fully reported to the Township, and any such failure to report shall
constitute grounds for cancellation of the contract by the Township,
as shall any other just cause.
A.
Donation or sale of recyclables. Notwithstanding any provision in
this chapter to the contrary, any Township resident or owner of property
in the Township may donate or sell any recyclables to any other person
or properly permitted and licensed recyclables processing center,
whether or not for a profit; provided, however, the donated or sold
recyclables shall not be placed for collection by the recipient or
purchaser thereof at the location for collection of solid waste and
recyclables by the Township contracted hauler, unless with prior written
permission from the Township.
B.
Hazardous wastes. The provisions of this chapter do not apply to
the storage, collection, transportation and disposal of hazardous
waste as defined by the Pennsylvania Municipal Waste Planning, Recycling
and Waste Reduction Act and amendments thereto. All hazardous waste
must be stored, collected, transported and disposed of in compliance
with applicable federal and state laws and regulations.
A.
Except as provided herein, all dwelling units shall participate in
the solid waste and recycling program initiated by the Township with
the Township contracted hauler. Failure to participate, or termination
of service for nonpayment to the Township contracted hauler, shall
be a violation of this chapter subject to enforcement and penalty
as set forth in this chapter.
B.
Failure of the owner, lessee or occupant of any property in the Township
to provide for the storage, collection, transport and disposal of
solid waste and recyclables as set forth in this chapter shall be
a violation of this chapter subject to enforcement and penalty as
set forth in this chapter. The presence of any materials containing
a person's name found among solid waste or recyclables shall
create a rebuttable presumption that said solid waste or recyclables
are the property of the person whose name is found therein. This presumption
can only be rebutted by clear and convincing evidence to the contrary.
C.
Except as provided in this chapter, it shall be unlawful for any
person to deposit for collection any recyclables or solid waste, including
bulk items, not generated from the address where deposited or to bring
any recyclables or solid waste into the Township or from one address
to another in the Township for the purpose of taking advantage of
the collection service or to avoid the cost of collection. Such actions
shall be a violation of this chapter subject to enforcement and penalty
as set forth in this chapter.
D.
It shall be in violation of this chapter, and subject to enforcement
and penalty as set forth in this chapter, for any person to interfere
with a Township contracted hauler in its performance of collecting,
transporting and/or disposing of recyclables and/or solid waste.
A.
Penalties. Any person violating any of the provisions of this chapter
or who assists in the violation of this chapter shall be subject to
a fine of not less than $100 nor more than $1,000, plus costs of prosecution
including reasonable attorney's fees, and in default of payment
of such fines and costs, to imprisonment for a term not exceeding
30 days. Every violation of a provision of this chapter shall be a
separate offense and each and every day such violation continues shall
be a separate offense and shall be subject to the penalty imposed
by this section. Nothing herein is intended to preclude the Township's
exercise of any additional remedies in law or equity to remedy a violation
of this chapter.
B.
Enforcement. The Township Manager or Codes Enforcement Officer, or
any other agent designated by the Board of Supervisors of the Township,
shall have the authority to enforce the provisions of this chapter.
The Township shall establish a comprehensive and sustained public
information and education program concerning the recycling program,
features and requirements in accordance with Act 101 of 1988.
The effective date of this chapter shall be April 1, 2015.
