[HISTORY: Adopted by the Board of Supervisors of the Township of West Manchester 3-23-1995 by Ord. No. 95-09. Amendments noted where applicable.]
This chapter shall be known as the "West Manchester Township Municipal Waste Collection and Disposal Ordinance."
The following words, terms and phrases shall have ascribed to them the meanings herein set forth, unless the use of such word, term or phrase in context clearly indicates a different meaning:
- COMMERCIAL ESTABLISHMENT
- Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than four dwelling units.
- The person, corporation or partnership with whom the Township of West Manchester shall enter into a contract for collection, transportation and disposal of municipal waste.
- A building used for residential purposes, except hotels, apartments with more than four dwelling units, mobile homes in mobile home parks and motels.
- DWELLING UNIT
- One or more rooms in a dwelling, which room or rooms have fixed cooking facilities arranged for occupancy by one person, two or more persons living together or one family.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
- 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 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.
- Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, public and private schools and educational facilities, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this chapter prescribing a fine, penalty or imprisonment, the term "person" shall include the officers and directors of a corporation or other legal entity having officers and directors.
- The Township of West Manchester, York County, Pennsylvania.
Editor's Note: See 35 P.S. § 6018.101 et seq.
There is hereby established and reestablished in the Township a mandatory collection, transportation and disposal program for the collection, transportation and disposal of municipal wastes. The Township is authorized to promulgate such rules and regulations as are necessary to implement the collection, transportation and disposal program for municipal waste. The Township is authorized to enter into a contract with a contractor for the collection, transportation and disposal of municipal waste, which contract shall contain such terms and conditions as the Township shall deem appropriate.
On and after the effective date of this chapter, only the contractor authorized by the Township shall collect, transport and dispose of municipal waste from dwellings within West Manchester Township.
Each person owning or occupying a dwelling unit and each person owning or occupying certain commercial and institutional establishments within the Township shall have the municipal waste generated by the dwelling unit, commercial establishment or institutional establishment collected, transported and disposed of by the contractor in accordance with the terms and conditions of a contract between the Township and contractor.
Each owner or occupant of a dwelling unit, commercial establishment or institutional establishment shall provide refuse cans of durable, watertight, rust-resistant material having a close-fitting lid and handles to facilitate collection and having a capacity of not more than 32 gallons. In lieu thereof, each owner of a dwelling unit, commercial establishment or institutional establishment may use heavy-duty plastic containers sealed and made watertight of such size as can be handled by one person.
The maximum weight of a filled container shall not exceed 50 pounds, and the maximum weight of a filled plastic bag shall be limited to such weight as will not cause the bag to break when lifted and carried to contractor's equipment.
Tree trimmings, hedge clippings and similar municipal waste shall be cut in lengths not exceeding four feet and shall be securely tied in bundles before being deposited for collection.
Newspaper, magazines and other printed matter, not placed in containers and not subject to recycling requirements, shall be securely tied in bundles not exceeding 40 pounds in weight.
All municipal waste containers or plastic bags shall be securely covered or tied, as the case may be.
Containers shall not be placed at the curbside or roadside earlier than 5:00 p.m. the evening of the day preceding a scheduled collection day. After collection, empty containers shall be removed from the curbside or roadside not later than 8:00 a.m. of the day following the day of collection.
[Amended 2-26-2009 by Ord. No. 09-04]
The contractor shall collect two containers, plastic bags or bundles of the authorized size and weight on each collection day. Where the contractor has not made a collection by reason of the failure of the owner of a dwelling unit, commercial establishment or institutional establishment to comply with the collection ordinance or regulations, the contractor shall report the matter in writing to the Township.
The contractor shall collect municipal waste on both sides of all public streets and highways in the Township which are maintained and adopted by either the Township or the Commonwealth of Pennsylvania. Collection shall be made from the front curbline or, where there is no curb, immediately next to the cartway of the public street or road.
The contractor shall collect municipal waste in accordance with the terms of the contract between the contractor and Township, but in no event less than one time per week from each dwelling unit. The contractor shall not commence the collection of municipal waste before the hour of 7:00 a.m., prevailing time, and shall continue collection until all municipal waste is removed. Collection shall be completed not later than 7:00 p.m., prevailing time. If collections are missed on account of a holiday, the contractor shall pick up double the amount of refuse if placed at each pickup place on the next regular collection day.
Trucks used in making the collections shall have completely closed bodies and shall be of such size as to be able to traverse all streets and alleys on the regular collection routes. All such equipment shall be approved by the Department of Environmental Resources of the Commonwealth of Pennsylvania.
Municipal waste containers shall be picked up at the designated places and emptied into the collection truck. No municipal waste may be spilled on the roads and streets of the Township, and the contractor must make every effort to prevent scattering of refuse, particularly paper and other light material, by the wind. The contractor must take care not to damage containers belonging to residents of the Township, and, in the event of willful or unnecessary damage to such containers, the contractor shall be liable for the same. The contractor shall promptly notify the Township if any residents claim damage to containers other than reasonable wear and tear.
The contractor shall collect and dispose of recyclable materials in accordance with Ordinance No. 90-10 of West Manchester Township, which ordinance was adopted by West Manchester Township on August 16, 1990.
Each owner of a dwelling unit, commercial establishment or institutional establishment within West Manchester Township shall pay to the Township a quarterly fee for the disposal of municipal waste. The quarterly fee charged by West Manchester Township shall be established by resolution of the Board of Supervisors of West Manchester Township. Any quarterly fees remaining unpaid 60 days after the due date shall be filed as a municipal lien in accordance with the provisions of the Municipal Lien Law. Each owner of a commercial establishment or institutional establishment who has a private contract for the collection, transportation and disposal of municipal waste and who does not utilize the program established by this chapter may be relieved from the payment of the charges and fees imposed by this chapter by applying to the Township for a relief from the payment of the quarterly fee hereby established.
The contractor shall become the owner of the municipal waste at such time as it is collected from each dwelling unit.
The contractor shall dispose of municipal waste only at a landfill or incinerator owned and operated by or on behalf of the York County Solid Waste and Refuse Authority.
The owners or occupants of residences that do not constitute a dwelling or dwelling unit as defined in this chapter and the owners or occupants of commercial establishments and institutional establishment not utilizing the program established by this chapter shall enter into a contract with a person authorized or licensed by the Commonwealth of Pennsylvania to collect, transport and dispose of municipal waste, which contract shall provide for the collection and transportation of municipal waste from the premises and which contract shall provide for the disposal of the municipal waste at a landfill or incinerator owned and operated by or on behalf of the York County Solid Waste and Refuse Authority. A copy of the contract referred to in this section shall be filed with the Township by the owner or occupant of the premises.
The contractor shall comply with all statutes and laws of the Commonwealth of Pennsylvania and all ordinances of West Manchester Township in any manner relating to the collection, transportation and disposal of municipal waste.
[Amended 5-9-1996 by Ord. No. 96-14; 6-26-1997 by Ord. No. 97-15]
Any person who shall violate any of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this chapter. The amount of the fine imposed for the violation of this chapter shall be established by the officer who determines that a violation has occurred. Notice of the violation of this chapter and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this chapter. If the person violating this chapter fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this chapter, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people of West Manchester Township shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code in West Manchester Township existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the health and safety of the people of West Manchester Township, the provisions of this chapter shall be deemed to prevail, and such other ordinance and/or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and, to this end, the provisions of this chapter are hereby declared to be severable.
This chapter shall take effect as provided by law.