[HISTORY: Adopted by the Board of Supervisors of the Township of West Manheim as indicated in article histories. Amendments noted where applicable.]
Article I Collection of Municipal Waste and Recyclables
[Adopted 12-2-2010 by Ord. No. 6-2010]
For the purpose of this article, the following terms, phrases or words shall have the meanings described to them in this section, except where the context in which the word is used clearly indicates otherwise.
- MUNICIPAL WASTE
- Garbage, rubbish, ashes, debris, yard waste, and industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial, institutional establishments, or from community activities.
- 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.
- The Township of West Manheim, York County, Pennsylvania.
- TOWNSHIP COLLECTOR
- That individual, partnership, firm, corporation or business entity designated by West Manheim Township by means of an independent contract as the collector having the exclusive right to collect municipal waste within the Township, but shall not be construed as meaning that said person is an employee, official or representative of the Township.
It shall be mandatory for every rental unit, residential customer, commercial establishment, and commercial customer to have all of their municipal waste and recyclables collected by the Township collector. Each rental unit, commercial establishment, residential customer, and commercial customer shall have their municipal waste and recyclables collected at least once per week, or more often, if necessary.
Each rental unit, residential customer, commercial establishment, and commercial customer shall prepare their municipal waste and recyclables for collection pursuant to the requirements of the contract with the Township collector.
The Township shall award an exclusive contract for the collection of residential municipal waste and recyclables as specified in the contract documents. This hauler shall be known as the "Township collector."
The exclusive residential Township collector shall provide curbside recycling service per the contract documents. The Township collector providing recycling to customers in the Township is required to conform to all ordinances and laws of the Township, county and Commonwealth of Pennsylvania. The Township collector providing recycling services in the Township is required to keep accurate weight receipts for all designated recyclable materials and municipal solid waste collected from within the Township and must provide these totals to the Township annually or as often as is deemed necessary by or specified in the exclusive contract documents and exclusive contract awarded by the Township. The Township collector shall make available for inspection by the Township any records and/or weight receipts pertaining to customers in the Township. The Township collector shall permit the Township to use the information collected pursuant to this section for the purpose of applying for and obtaining grants from the commonwealth.
If the owner of a residential dwelling does not reside in the dwelling, the Township collector may collect the fee for the collection, transportation and disposal of municipal waste and recyclable materials from the tenant or occupant of the residential dwelling. The Township collector shall be authorized to exercise the collection remedies provided for in § 214-8 below against the tenant or occupant. The Township collector shall not be permitted to enforce the owner's duty to pay a tenant's or occupant's bill for service rendered, unless the Township collector notifies the owner of the residential dwelling within 30 days after the tenant's or occupant's bill for service first becomes overdue. Notification shall be provided by first-class or certified mail to the address of the owner and to the billing address of the tenant or occupant, respectively. The notice shall reference the enforcement provisions of this article and clearly indicate that the owner shall be responsible for overdue charges for service rendered to the tenant or occupant of the residential dwelling. Nothing in this section shall be construed to relieve the owner of liability for such service unless the Township collector fails to provide the notice required in this section.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to 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, and each section of this article that is violated shall also constitute a separate offense.
In addition to the foregoing penalty, the Township of West Manheim may require the owner or occupant of a property to remove any accumulation of solid waste and should said person fail to remove the same within 10 days after written notice, the Township of West Manheim may cause the same to be done and collect the costs thereof together with a penalty of 10% of such costs in the manner provided by law for the collection of municipal claims or by action in assumpsit or may seek relief by bill of equity.
The billing party for a residential unit, a rental unit, a commercial establishment, and a commercial customer, within West Manheim Township, shall be required to pay to the Township collector a monthly, quarterly, or semiannual fee for the collection, transportation, and disposal of municipal waste. This fee shall be paid regardless of the amount or type of waste and/or recyclables put out for collection. The monthly, quarterly, or semiannual fee charged by the Township collector shall be established by a contract to be entered into between West Manheim Township and the Township collector pursuant to public bidding requirements. The Township accepts no responsibility whatsoever for the collection of the fee to be charged to the respective customer. The Township collector shall be solely responsible for the collection of the monthly, quarterly, or semiannual fee.
All fees which remain unpaid 30 days after the invoice date shall be deemed delinquent. The delinquent account shall have added to it a penalty as established by the contract between West Manheim Township and the Township collector. Thereafter, the penalty shall be added to the delinquent account once during each quarter the bill remains unpaid.
If the billing party shall fail to pay any charges or fees after the same becomes delinquent, the Township collector is authorized to file a civil lawsuit for the collection of fees, charges, penalties, interest, and costs of collection, including reasonable attorneys' fees. Upon filing of the civil lawsuit, an additional penalty as established by the contract between West Manheim Township and the Township collector shall be added to the delinquent accounts.