Township of Millcreek, PA
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Millcreek 8-15-2006 by Ord. No. 2006-11. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 40, Art. II.
This chapter shall be named and referred to as the "Millcreek Township Municipal Waste and Recycling Ordinance."
The recitals above are hereby incorporated in this chapter as though restated herein.
A. 
Definitions established in the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq., and in the Waste Transportation Safety Act, 27 Pa.C.S.A. § 6201 et seq., shall apply and extend to terms within this chapter by reference, unless expressly modified in this chapter.
B. 
Words not specifically defined in the Act or in this chapter shall be given their reasonable and customary meanings.
C. 
For the purposes of this chapter, the following terms shall be defined as follows:
ACT
The Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq., as the same may in the future be amended.
ALUMINUM, STEEL AND BIMETALLIC CANS
Includes beverage cans, metal food containers and soup cans; shall not include flatware or metal cookware.
ASHES
Includes coal ashes, coke ashes, wood ashes and ashes resulting from other fuels used for cooking and heating purposes, and shall be deemed included within the term "municipal waste."
CLEAR AND COLORED GLASS
Includes glass beverage bottles, food jars and containers; shall not include mirrors, ceramic materials, crystal, light bulbs, glass ovenware, drinking glasses, clay pots or window glass.
COMMERCIAL ESTABLISHMENT
The place at which any business within the boundaries of Millcreek Township is conducted by any person which, in the operation of such business, has or accumulates municipal waste, recyclable materials and/or leaf waste in or about its place(s) of business or elsewhere. For purposes of this chapter, a commercial establishment shall include any business, institutional, industrial or other use excepting only a residential use.
COMMERCIAL PICKUP
Includes all properties aside from residential properties having four or fewer residential or family units within a single structure. That a residential use may be deemed a "commercial pickup" does not render its use other than residential.
COMPUTER
A desktop or notebook computer. The term does not include an automated typewriter, professional workstation, server, mobile telephone, portable handheld calculator, portable digital assistant, MP3 player or other similar device.
[Added 2-14-2017 by Ord. No. 2017-4]
CONSTRUCTION MATERIALS
Includes wood, piping, metal, plastics, concrete, cement and other man-made products used in construction which is generated in any business or in the course of construction or renovation of dwellings or other buildings. The exclusion of "construction materials" from materials to be collected by the residential contractor shall not extend to such materials in small quantity generated in the ordinary course by occupants of residential dwellings.
CONSUMER
An occupant of a single detached dwelling unit or a single unit of a multiple-dwelling unit who has used a covered device primarily for personal or small business use. For purposes of this definition, a small business is an entity that is independently owned or operated, employs 50 or fewer people, has purchased or leased a covered computer device from a computer manufacturer or retailer and, but for the program established under the Pennsylvania Covered Device Recycling Act 108 of 2010,[1] would not otherwise have access to electronic recycling programs.
[Added 2-14-2017 by Ord. No. 2017-4]
COVERED COMPUTER DEVICE
A desktop or notebook computer or computer monitor or peripheral, marketed and intended for use by a consumer. The term does not include a covered television device.
[Added 2-14-2017 by Ord. No. 2017-4]
COVERED DEVICE
A covered computer device and covered television device marketed and intended for use by a consumer. The term does not include:
[Added 2-14-2017 by Ord. No. 2017-4]
(1) 
A device that is a part of a motor vehicle or any component part of a motor vehicle assembled by or for a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;
(2) 
A device that is functionally or physically a part of or connected to or integrated within equipment or a system designed and intended for use in an industrial, governmental, commercial, research and development or medical setting, including, but not limited to, diagnostic, monitoring, control or medical products as defined under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.), or equipment used for security, sensing, monitoring, antiterrorism, emergency services purposes or equipment designed and intended primarily for use by professional users;
(3) 
A device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier or exercise equipment; or
(4) 
Any of the following:
(a) 
Telephone of any type, including a mobile phone.
(b) 
Personal digital assistant.
(c) 
Global positioning system.
COVERED TELEVISION DEVICE
An electronic device that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable or satellite, including, without limitation, any direct view or projection television with a viewable screen of four inches or larger whose display technology is based on cathode ray tube, plasma, liquid crystal, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light-emitting diode or similar technology marketed and intended for use by a consumer primarily for personal purposes. The term does not include a covered computer device or a mobile telephone.
[Added 2-14-2017 by Ord. No. 2017-4]
DESKTOP COMPUTER
An electronic, magnetic, optical, electrochemical or other high-speed data processing device which:
[Added 2-14-2017 by Ord. No. 2017-4]
(1) 
Performs logical, arithmetic and storage functions for general purpose needs which are met through interaction with a number of software programs contained in the device.
(2) 
Is not designed to exclusively perform a specific type of limited or specialized application.
(3) 
Achieves human interface through a stand-alone keyboard, stand-alone monitor or other display unit and a stand-alone mouse or other pointing device and is designed for a single user.
(4) 
Has a main unit that is intended to be persistently located in a single location, often on a desk or on the floor.
DISPOSAL
Shall be deemed to include the deposition, injection, dumping, spilling, leaking or placing of solid or municipal waste into or on the land or water in a manner that the constituent of the waste enters the environment, is emitted into the air or is discharged into the ground or to the waters of the commonwealth.
DISPOSITION
Shall be deemed a generic reference to the proper disposal of municipal waste, recycling and marketing of recyclable materials and/or composting of leaf waste in the manner prescribed in this chapter.
FAMILY
Shall be and include any person or group of persons maintaining a separate dwelling, apartment or other habitation unit within the limits of Millcreek Township.
GARBAGE
Shall be deemed to consist of and include all vegetable and animal waste, including offal, carcasses, fat, bone, swill and animal and vegetable matter or other organic substance subject to fermentation or decay, resulting from the storage, handling, consumption and/or preparation of food. The term shall not be deemed to include dishwater or other soapy water.
HAULER/HAULING FIRM
Includes, without limitation, any person, firm, entity or contractor engaged in the collection, transportation and/or disposition of municipal waste, recyclable materials and/or leaf waste in Millcreek Township.
HOUSEHOLD RUBBISH
Shall consist of and include old furniture, such paper as is not included in recyclable materials, trunks, stoves, furnace pipe, water boilers, incandescent light bulbs, crockery, nonrecyclable cans, bottles and containers, hedge and tree trimmings, garden residues, shrubbery and similar material, grass clippings, pipe and all other rubbish which may accumulate in the ordinary course of use of a residential dwelling, but excluding dirt, trees, tree limbs over four feet in length and construction materials as defined above. The term shall not include designated recyclable materials, and shall be deemed included within the term "municipal waste."
[Amended 2-14-2017 by Ord. No. 2017-4]
LEAF WASTE
Includes leaves, garden residue, shrubbery and tree trimmings, and similar material, but not including grass clippings. For purposes of §§ 110-5C(1), 110-10K, 110-11G and H and 110-12A of this chapter, leaf waste shall not include such leaf waste materials that are properly managed and disposed by the property owner or that are properly managed and disposed by a person hired by the property owner for such purpose.
[Amended 2-14-2017 by Ord. No. 2017-4]
LICENSED TRANSPORTER
Includes any person, firm, entity or contractor engaged in the collection, transportation and/or disposition of municipal waste and/or residual waste and subject to licensure and regulation by the Department of Environmental Protection under the Waste Transportation Safety Act.
MIXED CARDBOARD
Includes noncorrugated packaging such as gift boxes, cereal boxes, shoe boxes, tablet backers and the like. Shall not include waxed paper, milk cartons or any material contaminated by food or other municipal waste.
MIXED PAPER
Includes white paper, envelopes and like paper material, including junk mail, office mix and brown bags. Shall not include waxed paper or any material contaminated by food or other municipal waste.
MUNICIPAL RECYCLING PROGRAM
Shall be deemed to mean a source-separation and collection program for recycling recyclable materials, or a program for designated dropoff points or collection centers for recycling municipal waste or source-separated recyclable materials that is operated by or on behalf of a municipality. The term shall include any source-separation and collection program for composting leaf and yard waste. The term shall not include any program for recycling construction or demolition waste and/or sludge from sewage treatment plants or water supply treatment plants. Under this chapter, the franchised residential hauling contractor would be designated to operate a recycling program in lieu of Millcreek Township operating such program.
MUNICIPAL WASTE
Includes and means any garbage, refuse, industrial lunchroom or nonrecyclable office waste or other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation or use of any residential dwelling or unit and/or any commercial establishment and/or other use or activity and any sludge not meeting the definition of residual or hazardous waste in the Act (Section 6018.101 et seq.)[2] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. This term includes garbage, rubbish and solid waste, but does not include recyclable materials, leaf waste or computers, covered computer devices, covered devices, covered television devices, desktop computers, notebook computers, peripherals or any of the above devices' components.
[Amended 2-14-2017 by Ord. No. 2017-4]
(1) 
An electronic, magnetic, optical, electrochemical or other high-speed data processing device which:
(a) 
Performs logical, arithmetic or storage functions for general purpose needs which are met through interaction with a number of software programs contained in the device.
(b) 
Is not designed to exclusively perform a specific type of limited or specialized application.
(c) 
Achieves human interface through a keyboard, video display greater than four inches in size and mouse or other pointing device, all of which are contained within the construction of the unit which comprises the notebook computer.
(d) 
Can be carried as one unit by an individual.
(e) 
May include a supplemental stand-alone interface device.
(f) 
May use external, internal or batteries for a power source.
(2) 
The term does not include a portable handheld calculator, portable digital assistant or similar specialized device.
PaDEP
The Pennsylvania Department of Environmental Protection.
PERIPHERAL
A keyboard, printer or any other device sold exclusively for external use with a computer that provides input into or output from the computer. The term does not include adaptive or assistive technologies.
[Added 2-14-2017 by Ord. No. 2017-4]
PERSON
Includes any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal or state government, agency or institution, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this chapter prescribing a duty, prohibition, fine or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other entity having officers and/or directors.
RECYCLABLE MATERIALS
Includes clear and colored glass; aluminum, steel and bimetallic cans; recyclable plastics; recyclable cartons; newspapers; magazines; corrugated cardboard; mixed paper; and mixed cardboard.
[Amended 2-14-2017 by Ord. No. 2017-4]
RECYCLABLE PLASTICS
Includes plastics with a resin code of 1, 2, 3, 4, 5 or 7.
[Amended 2-14-2017 by Ord. No. 2017-4]
RECYCLING
Includes the separation from municipal waste at the site of generation, collection, recovery and sale or reuse of recyclable materials and other materials which would otherwise be disposed of 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 as fuel for the operation of energy.
[Amended 2-14-2017 by Ord. No. 2017-4]
RESIDENT
Shall be deemed to include every resident, owner, householder, tenant, responsible party or person owning or occupying a dwelling, apartment, condominium or place of residence within the Township of Millcreek generating municipal waste, recyclable materials and/or leaf waste, excluding only those persons residing in dwellings having more than four residential units within the same structure and so deemed within the term "commercial pickup."
RESIDENTIAL RECYCLING
Includes source separation, placement for collection, collection, transportation, recovery and sale or reuse of recyclable materials generated within all dwellings and residential units or uses in Millcreek Township, whether such unit is deemed included within the Township's contract for residential collection or is deemed a "commercial pickup."
RESPONSIBLE PARTY
Includes all persons responsible for compliance with the provisions of this chapter, including but not limited to provisions regulating collection, transportation and disposition of municipal waste, recyclable materials and leaf waste. The term shall include resident, owners, landlords of multifamily rental or condominium residential properties and their agents; owners, landlords of mobile home parks and their agents; condominium unit owners, tenants and/or occupants of multiple-unit residential dwellings; and owners, landlords, managers and/or their agents and occupants and/or tenants of commercial, institutional, industrial and public properties.
RUBBISH
Shall consist of mixed and waste fragments resulting from the use of household necessities, including but not limited to nonrecyclable glass, metal, tin and wood, china, leather, rubber, carpeting, prunings from vines and other foreign matter, but excepting ashes and garbage. Does not include leaf waste and/or designated recyclable materials.
SOLID WASTE
Shall be defined as in the Act.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials which are separated from municipal waste at the point of origin for the purpose of recycling. Shall generally be deemed to include recyclable materials and leaf waste.
STORAGE
The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal; said presumption may be overcome only by clear and convincing evidence to the contrary.
TOWNSHIP-DESIGNATED BAGS/BAGS DESIGNATED BY TOWNSHIP
Those bags for separation and placement for collection of leaf waste of a type as shall be designated from time to time by Millcreek Township.
TRANSPORTATION
The off-site removal of any municipal waste, recyclable materials and/or leaf waste at any time after generation.
[1]
Editor's Note: See 35 P.S. § 6031.101 et seq.
[2]
Editor's Note: See the Pennsylvania Solid Waste Management Act of 1980, as amended, 35 P.S. § 6018.101 et seq.
A. 
General duties. The requirements in this chapter that municipal waste, recyclable materials and/or leaf waste be separated at the source, placed for collection, collected and transported, that municipal waste be disposed of, recyclable materials marketed and sold for reuse and leaf waste be composted shall apply to all properties in Millcreek Township and to all owners, residents, tenants and/or occupants of such properties and their managers or agents, and to all firms or entities, waste disposal, recycling and composting facilities.
[Amended 2-14-2017 by Ord. No. 2017-4]
(1) 
Owners, residents, tenants and/or occupants of residential properties having four or fewer dwelling units within the same building shall comply with duties imposed under this chapter by contracting with the firm or entity under contract with Millcreek Township for the collection, transportation and proper disposition of municipal waste, recyclable materials and leaf waste. If the resident, tenant or occupant of such residential property fails to comply with the provisions of this chapter, it shall remain the responsibility of the owner of the residential property to comply with the provisions of this chapter, including paying all unpaid invoices associated with such residential property.
(2) 
The owner, landlord, manager and/or agent therefor of a residential property having more than four dwelling units within the same structure and/or of a manufactured home park, both otherwise within the definition of a "commercial pickup," shall be deemed responsible parties as to such properties and obligated to make provision and contract for collection, transportation and proper disposition of municipal waste, recyclable materials and leaf waste generated upon and about the premises, unless they provide in proper and written fashion that tenants and/or occupants of each unit shall be the responsible party, in which event each such tenant and/or occupant shall be obligated to contract for services with the firm or entity under contract with Millcreek Township for the collection, transportation and proper disposition of municipal waste, recyclable materials and leaf waste. Any written notice required under this subsection shall be delivered promptly to the Township and its contractor, and shall include the names and addresses of all affected tenants/occupants and units.
(3) 
Responsible parties for properties deemed a "commercial pickup" must contract with a hauling firm for collection, transportation and proper disposition of municipal waste, recyclable materials and leaf waste generated at or upon said properties and make adequate provision for proper placement of said materials for collection.
B. 
General prohibitions. This section shall not limit or modify provisions of this chapter which identify and make provision for specific violations. In addition to specific obligations imposed in this chapter, the following acts and/or omissions are hereby declared unlawful and are prohibited, subject to the fines and/or penalties imposed in this chapter:
[Amended 2-14-2017 by Ord. No. 2017-4]
(1) 
No materials shall be allowed to accumulate on the ground nor be deposited on the streets or highways, vacant lots, homes, nor on any land publicly or privately owned, nor be thrown into any stream or body of water in Millcreek Township, except as is expressly permitted in this chapter or by other laws.
(2) 
There shall be no doubling up of families by which more than one residence or family uses a common container(s), except in the case of a commercial pickup, and only then by persons intended to be included within such service.
(3) 
Where a residence, apartment, condominium or other residential building is arranged for occupancy by more than four separate dwelling units, failure or refusal by the owner, landlord or manager of said property or agent(s) thereof to furnish proper collection services for municipal waste, recyclable materials and leaf waste generated upon said property, unless said owner, landlord or manager has in proper fashion designated tenants or occupants responsible parties and issued notices required in this section.
(4) 
Failure or refusal by the owner, landlord, manager, tenant or occupant of a nonresidential property in the Township or agent(s) thereof to furnish proper collection services for municipal waste, recyclable materials and leaf waste generated upon said property.
(5) 
No person shall place recyclable materials for disposal as municipal waste or leaf waste.
(6) 
No person shall burn or cause to be burned any recyclable materials or municipal waste.
(7) 
No person shall place upon any other property municipal waste, recyclable materials or leaf waste not generated upon that property, except for placement of recyclable materials for collection upon one's own property and/or placement of materials at a licensed recycling or composting facility.
(8) 
Municipal waste and recyclable materials generated upon and collected at properties in Millcreek Township designated as a "commercial pickup" and not subject to the Township's residential collection contract shall be properly stored within an appropriately sized dumpster(s) or toter(s) and shall be fully contained within such dumpster(s) or toter(s).
C. 
Exceptions.
(1) 
This chapter shall not be construed to prevent or prohibit any person engaged in the business of farming from maintaining a manure pile on land occupied by him or her, so long as a nuisance does not result from said activity.
(2) 
Nothing herein shall be construed to prohibit any person from building or maintaining a compost pile, consisting of grass clippings, leaves, weeds, soil, hedge and/or shrubbery clippings and other organic material, so long as a nuisance does not result from said activity.
(3) 
This chapter shall not be construed to prevent or prohibit any person from taking to a licensed recycling or composting facility recyclable materials and/or leaf waste for which general collection is provided for in this chapter.
[Amended 2-14-2017 by Ord. No. 2017-4]
A. 
All municipal waste, recyclable materials and leaf waste generated at and upon all properties located in Millcreek Township shall be separated, placed for collection, collected, transported, disposed of, marketed for recycling and/or composted in accordance with the provisions of this chapter.
B. 
It shall be the responsibility of the resident, person and/or responsible party upon each property in Millcreek Township generating municipal waste, recyclable materials and/or leaf waste to separate from municipal waste recyclable materials and leaf waste as required in this chapter, and to place the same for collection by the residential contractor retained by Millcreek Township or, if applicable, by such firm or entity retained to provide services to a commercial pickup property.
C. 
All municipal waste, source-separated materials and leaf waste generated by or upon all residential properties and/or units in Millcreek Township other than those designated and maintained as a "commercial pickup" shall be collected, removed and disposed, marketed for recycling or composted only by the contractor retained under chapters of Agreement ("Township contract") under the terms and conditions set forth in said contract, this chapter and the contract specifications and bid blank.
(1) 
It shall be a violation of this chapter for any person other than the entity retained under the Township contract to collect, remove, transport or dispose of municipal waste, source-separated recyclable materials and/or leaf waste generated by residential units in Millcreek Township other than those designated and maintained as a "commercial pickup."
(2) 
Contracts for the collection, removal, transportation and proper disposition of municipal waste, source-separated recyclable materials and/or leaf waste under this chapter shall, from time to time, be let to the lowest responsible bidder, with or without advertising, which contract(s) shall contain, in addition to the requirements of this chapter, such other provisions not in conflict with this chapter as may be deemed advisable by the Board of Supervisors to incorporate therein, and it shall be executed by the Chair of the Board of Supervisors. No contract therefor shall be awarded for a period exceeding five years.
A. 
All persons (including adults, parents, owners, occupants, heads of households, residents, responsible parties, operators, landlords, tenants or agents of all properties of any type located in Millcreek Township) shall separate or be responsible for the separation of municipal waste from recyclable materials and leaf waste generated upon or about such property and for the proper temporary storage of such separated wastes and materials until placement for collection by the Township's residential contractor or, as to commercial pickups, by the retained hauling firm therefor in the manner prescribed in this chapter or by the owner of a commercial pickup property and its hauling firm.
[Amended 2-14-2017 by Ord. No. 2017-4]
B. 
All owners and occupants of properties of any type located in Millcreek Township shall provide and maintain containers, as required in this chapter, for all municipal waste, recyclable materials and/or leaf waste generated or accumulated upon such properties.
C. 
The following requirements shall be applicable generally to all properties and to their owners, occupants, landlords, tenants, managers, residents and agents:
(1) 
Garbage or municipal waste containers (garbage containers) shall be used only for garbage and municipal waste materials, as defined in this chapter.
(2) 
All garbage shall be properly contained (i.e., wrapped in paper or placed within a plastic bag) prior to being placed in a garbage container.
[Amended 2-14-2017 by Ord. No. 2017-4]
(3) 
No more water shall be allowed nor permitted in garbage or municipal waste than naturally accumulates from the refuse materials.
(4) 
All garbage containers, including, but not limited to, cans, toters, bagsters, and dumpsters, shall be kept in a sanitary condition, in places accessible to the collector and with sufficient shelter to prevent their freezing to the ground.
[Amended 2-14-2017 by Ord. No. 2017-4]
(5) 
All municipal waste, recyclable materials and leaf waste shall be kept in places accessible to the collector and in such containers or bags to be provided by the resident, owner, landlord, tenant or occupant of the property so that said materials may be readily and properly removed by the collector.
(6) 
All items designated in this article as recyclable materials shall be separated from municipal waste and leaf waste, shall be clean of food waste and foreign material and shall be separated for proper collection as required in this chapter or, as to commercial pickups, as required by the hauler and the responsible party.
[Amended 2-14-2017 by Ord. No. 2017-4]
(7) 
Leaf waste shall be separated from municipal waste and recyclable materials and shall be placed for proper collection as required in this chapter or, as to commercial pickups, as required by the hauling firm and responsible party and, in all cases, shall be stored and placed for collection in Township-designated bags distinguishing leaf waste from municipal waste and/or recyclable materials.
[Amended 2-14-2017 by Ord. No. 2017-4]
(8) 
It shall be a violation of this chapter and unlawful for any person to accumulate or store, or allow accumulation or storage of municipal waste, recyclable materials and/or leaf waste in such manner as to give rise to a nuisance, and any such accumulation or storage shall constitute violations of this chapter and of Chapter 40, Conduct, Article II, Nuisances, of the Code of the Township of Millcreek, and be subject to provisions of Chapter 40, Article II, Nuisances, pertaining to abatement of nuisances and payment of the costs thereof.
[Amended 2-14-2017 by Ord. No. 2017-4]
D. 
The following requirements shall apply to all residential properties not designated and maintained as a commercial pickup and therefore subject to the Millcreek Township residential collection contract:
(1) 
Containers for the temporary storage of municipal waste and placement at curbside for collection by the residential contractor shall have a capacity not exceeding a 33 gallon bin or plastic bag or a 65 gallon toter, as applicable based on the service option selected.
[Amended 2-14-2017 by Ord. No. 2017-4]
(2) 
Garbage and municipal waste containers shall be made of nonabsorbent material, be watertight and be provided with handles and closely fitting covers made of nonabsorbent material. The owner or occupant of the property generating such municipal waste shall be responsible to keep such containers watertight at all times.
(3) 
Regular refuse or municipal waste bags shall be of study plastic with a minimum thickness of two mils and having a maximum capacity of 33 gallons.
(4) 
Containers for the temporary storage of recyclable glass, plastics and metal cans shall be as specified and provided by the Township.
(5) 
Recyclable materials separated at the source from municipal waste and leaf waste shall be cleaned of and kept free from all food and other foreign matter.
(6) 
Recyclable materials shall be source-separated and placed for collection in the manner prescribed in § 110-7 of this chapter.
[Amended 2-14-2017 by Ord. No. 2017-4]
(7) 
Leaf waste shall be separated from municipal waste and recyclable materials and placed for collection by the residential contractor in tied Township-designated bags placed separately from other materials placed for collection.
(8) 
All municipal waste, recyclable materials and/or leaf waste shall be set out by the owner or occupant of such residential property at curbside only on the established and scheduled day for collection thereof by the residential contractor.
[Amended 2-14-2017 by Ord. No. 2017-4]
(9) 
No municipal waste, recyclable materials and/or leaf waste shall be set out by the owner or occupant of such residential property for any reason or for the purpose of collection more than 24 hours prior to the previously established and scheduled time for collection thereof by the contractor; and, within 24 hours after collection, any municipal waste or recyclable materials containers shall be removed from the curbside and returned to a suitable location within the property.
[Amended 2-14-2017 by Ord. No. 2017-4]
(10) 
Bagsters or similar garbage containers containing any solid waste shall not remain on any property for more than 30 days.
[Added 2-14-2017 by Ord. No. 2017-4]
A. 
The following materials are declared to be recyclable materials to be separated from municipal waste and leaf waste at the source of generation, placed for collection, collected, transported and placed or marketed for recycling and reuse:
[Amended 2-14-2017 by Ord. No. 2017-4]
(1) 
Clear and colored glass;
(2) 
Aluminum, steel and bimetallic cans;
(3) 
Recyclable plastics;
(4) 
Recyclable cartons;
(5) 
Newspapers and newsprint;
(6) 
Magazines;
(7) 
Corrugated cardboard;
(8) 
Mixed paper; and
(9) 
Mixed cardboard.
B. 
All persons shall be obligated to separate or be responsible for the separation from municipal waste and leaf waste generated at all properties and community activities located in Millcreek Township those materials now or hereafter designated by the Millcreek Township Board of Supervisors as recyclable materials, and to place the same for collection, recycling and marketing for reuse as specified in this chapter.
[Amended 2-14-2017 by Ord. No. 2017-4]
C. 
Prior to storage of recyclable materials for collection, the contents thereof shall be removed from any containers made of recyclable materials and the containers rinsed clean by the owner or occupant of the property generating such materials.
D. 
Where required under this chapter and/or the Township contract for residential collection services or, as to commercial pickups, by the owner of and/or hauling firm for such property, recyclable materials shall be separated from one another at the source and placed for collection in such separate fashion, and shall not be commingled with different types of materials.
[Amended 2-14-2017 by Ord. No. 2017-4]
E. 
All recyclable materials placed for collection and recycling shall be free of foreign matter which itself is not recyclable material or an inherent part of the recyclable material.
F. 
All owners, landlords, occupants, tenants, managers, the agents thereof and responsible parties for properties located in Millcreek Township which are not included within the Township's residential collection contract shall be responsible for contracting with a hauling firm for the collection, transportation, recycling and marketing of recyclable materials.
[Amended 2-14-2017 by Ord. No. 2017-4]
G. 
This chapter shall not be construed to preclude the owner or occupant of any property from donating or selling his, her, their or its recyclable materials generated upon or about such property to any profit or nonprofit entity; provided, however, that such person shall deliver said recyclable materials to a collection point under the direct operation or control of said profit or nonprofit entity.
[Amended 2-14-2017 by Ord. No. 2017-4]
H. 
This chapter shall not be construed to impair ownership of separated recyclable materials by the generator unless and until such materials are placed for collection by the residential or commercial pickup hauling contractor.
[Amended 2-14-2017 by Ord. No. 2017-4]
I. 
Owners, occupants, residents and other persons generating recyclable materials within residential properties in Millcreek Township subject to the Township's residential collection contract shall store and place such recyclables for collection at curbside in either transparent plastic bags not to exceed 33 gallons, in a 25 gallon bin and/or a 65 five-gallon tote supplied by Millcreek Township or in a like container clearly identified as containing such recyclable materials. In addition, any recycled corrugated cardboard shall be flattened, tied and bundled separate from all other materials and placed in such manner for collection.
[Amended 2-14-2017 by Ord. No. 2017-4]
J. 
Owners, landlords, managers, occupants, tenants and other persons within properties in Millcreek Township which are designated and/or maintained as a "commercial pickup" shall comply with the following requirements:
[Amended 2-14-2017 by Ord. No. 2017-4]
(1) 
The owner, landlord, manager and/or agent thereof shall establish a system of collection by occupants of the property of recyclable materials designated in this chapter and their placement for collection and proper removal, transportation and marketing for recycling by a hauling firm contracted for the premises. Such collection system must include:
(a) 
Provision for collection of all designated recyclable materials established in this chapter or otherwise by the Board of Supervisors;
(b) 
Provision of suitable containers for collecting and sorting materials;
(c) 
Easily accessible locations for the containers; and
(d) 
Written instructions to all occupants of the premises concerning designation of recyclable materials and the proper use and availability of the collection system.
(2) 
All owners of properties deemed a commercial pickup and firms or entities collecting and transporting recyclable materials from said properties shall be obligated to submit in timely fashion all reports to Millcreek Township pertaining to recycling matters as are required in this chapter.
K. 
For purposes of this chapter, the Township's residential recycling program shall include not only recycling of recyclable materials generated upon residential dwellings served by the contractor retained by Millcreek Township, but also those generated upon all residential properties of any type or nature. Owners of and firms or entities serving all residential properties shall submit to the Township all reports and records required as to residential recycling under this article or other applicable law.
[Amended 2-14-2017 by Ord. No. 2017-4]
A. 
All owners, occupants, landlords, tenants, managers and agents of properties located in Millcreek Township shall separate from municipal waste and recyclable materials leaf waste generated at or upon the said properties for purposes of a separate collection and composting thereof.
B. 
Owners, occupants, residents and other persons generating leaf waste within residential properties in Millcreek Township subject to the Township's residential collection contract shall comply with the following requirements:
(1) 
All leaf waste shall be accumulated and stored prior to placement for collection by the residential contractor in tied Township-designated bags and shall be free of all other materials.
(2) 
Such leaf waste in tied Township-designated bags shall be placed at curbside for collection by the residential contractor not more than 24 hours prior to the scheduled time for collection thereof.
C. 
Owners, landlords and managers of properties designated and/or maintained as a commercial pickup shall be responsible to contract with a hauling firm for collection, transportation and proper composting of leaf waste generated upon each such property, and for establishing procedures for the proper source-separation, temporary storage and placement of leaf waste by tenants and all other occupants of the premises for collection by the hauling firm retained to provide such service. Such source-separation and collection system must include the following:
[Amended 2-14-2017 by Ord. No. 2017-4]
(1) 
Assumption by the owner, landlord and/or manager of responsibility for collection, storage and proper disposition for composting of leaf waste generated upon the property if such leaf waste is accumulated and collected within the owner's or landlord's obligations.
(2) 
Written instructions to tenants and other occupants of the premises should they be obligated to accumulate and dispose of leaf waste, which instructions shall at a minimum set forth the requirements for source-separation and collection of leaf waste and identify easily accessible locations for storage and/or placement of such materials and the dates or times of their scheduled collection.
(3) 
Bags or other containers utilized for storage and collection of leaf waste shall be as established by the owner or other responsible party and the retained hauling firm, and shall be detailed within instructions given to occupants and/or tenants of the premises.
[Amended 2-14-2017 by Ord. No. 2017-4]
A. 
Duty to recycle covered devices. Millcreek Township consumers, manufacturers, persons, residents or retailers shall recycle all computers, covered computer devices, covered devices, covered television devices, desktop computers, notebook computers, peripherals or any of the above devices' components in their possession through the use of programs offered by retailers, manufacturers, county and local government, and other organizations to dispose of and collect hazardous waste.
B. 
Disposal ban. No consumer, manufacturer, person, resident or retailer may place in municipal or commercial solid waste within Millcreek Township a computer, covered computer device, covered device, covered television device, desktop computer, notebook computer, peripheral or any of the above devices' components.
[Amended 2-14-2017 by Ord. No. 2017-4]
A. 
All persons, firms or corporations collecting municipal waste, recyclable materials and/or leaf waste in Millcreek Township and transporting the same upon the streets of the Township shall collect and transport such materials only in conveyances and receptacles tightly closed on the bottom and sides, so as to prevent such materials from spilling, dropping or falling to the streets, alleys or highways.
B. 
All vehicles and conveyances transporting municipal waste, recyclable materials and/or leaf waste shall be so operated and covered as to prevent offensive odors from escaping therefrom and to prevent said materials from being blown or spilled upon any street, walk, alley or property of the Township.
C. 
Every vehicle or conveyance shall have plainly printed thereon the name of the hauling firm, and shall be kept in a sanitary condition at all times.
D. 
All municipal waste, recyclable materials and/or leaf waste shall be collected under the Township residential collection contract in Millcreek Township only between the hours of 6:00 a.m. and 8:00 p.m. unless otherwise authorized, in writing, by Millcreek Township Recycling Department.
E. 
Municipal waste and recyclable materials generated and placed by owners and occupants for collection from residential premises subject to the Township's residential collection contract shall be collected by the residential contractor once per each calendar week on the same day.
F. 
Municipal waste and recyclable materials generated upon and collected at properties in Millcreek Township designated a "commercial pickup" and not subject to the Township residential collection contract shall be collected from each such property in a timely manner so that it does not become or create a nuisance under Millcreek Code, Chapter 40, Article II, in which case the Recycling Department may direct a more frequent pickup.
G. 
Leaf waste generated upon and placed for collection at residential properties in Millcreek Township subject to the Township's residential collection contract shall be placed by owners and occupants for collection and collected and transported to a licensed composting facility by the residential contractor on a weekly basis during a six-week period in the spring and fall of each calendar year as shall be determined by the Board of Supervisors with a recommendation of the residential contractor. Residents shall be given due notice of the six-week leaf waste collection period, and owners and occupants of residences served under the Township's residential contract shall during said six-week period set their leaf waste at curbside on the day established in each week for collection of municipal waste and recyclable materials.
H. 
Leaf waste generated upon properties in Millcreek Township designated and maintained as a commercial pickup shall be collected by the hauling firm retained by the owner or responsible party for said property in accordance with the schedule established by the owner and hauler, such schedule to ensure full and proper collection and disposal at a licensed composting facility of all such leaf waste.
I. 
All municipal waste, recyclable materials and leaf waste shall be managed and disposed of by the residential contractor or any hauling firm in such manner as not to endanger or interfere with the health, safety and comfort of any of the inhabitants of Millcreek Township and in compliance with all federal, state and local laws, ordinances, regulations and rules.
J. 
The residential contractor retained by Millcreek Township and all hauling firms for collection, transportation and proper disposition of municipal waste, recyclable materials and/or leaf waste shall be required at such person's, firm's or corporation's expense to furnish, maintain and operate all vehicles, machinery and equipment necessary for the proper performance of the Township's residential contract and all contracts for services to properties deemed a commercial pickup, except that such person, firm or corporation shall not be required to furnish receptacles or containers, receptacles or containers to be provided by owners and occupants of properties served by the residential contract or by owners, landlords, managers or their agents of commercial pickup properties.
K. 
No municipal waste, recyclable materials and/or leaf waste shall be collected from residential properties in Millcreek Township having four or fewer units within the same dwelling, nor transported over the streets and thoroughfares of the Township by any person(s) other than the residential contractor retained by the Township for provision of such residential services, subject only to the following exceptions:
(1) 
This subsection shall not prohibit transportation of such materials collected from properties in other municipalities.
(2) 
This subsection shall not prohibit collection and transportation of such materials from properties in Millcreek Township not included within the residential collection contract (i.e., commercial pickups) if collected and transported by a hauling firm under contract or agreement to provide such services.
L. 
The ultimate disposal facility or facilities utilized for the disposal of municipal waste generated and collected from all properties located in Millcreek Township must be included in the Erie County Act 101 Municipal Solid Waste Plan.
M. 
All recyclable materials collected from properties located in Millcreek Township shall be transported and directed only to a materials recycling facility for processing, marketing and reuse as mandated in the Act and this article. Such facility must possess and maintain such license(s) as are required under federal, state and/or local laws and regulations.
N. 
Once municipal waste, recyclable materials and/or leaf waste are placed at a property in Millcreek Township for collection at curbside, they shall become the property of the collector and shall not be taken or removed by third parties. It shall be a violation of this article, subject to penalties prescribed herein, for any person other than the residential contractor or retained hauling contractor, as applicable, to remove municipal waste, recyclable materials and/or leaf waste which has been placed as designated for collection.
[Amended 2-14-2017 by Ord. No. 2017-4]
A. 
The Board of Supervisors shall designate one entity which shall be responsible for the collection, transportation, disposal, recycling and/or composting of all municipal waste, recyclable materials and leaf waste resulting from or generated by all properties located in Millcreek Township that do not fall within the definition of a "commercial pickup" under this chapter, as required by state and local laws and regulations.
B. 
The Board of Supervisors shall, through appropriate advertisement and solicitation of bids, award to a person or entity ("residential contractor") who qualifies as the lowest financially responsible bidder meeting all specifications and demonstrating its capability of performing the contract a contract for a term not to exceed five years to collect, transport and haul municipal waste, recyclable materials and leaf waste generated upon all such residential properties and dispose municipal waste, market recyclable materials for recycling and reuse and deposit leaf waste for composting at a licensed composting facility, for which services the contractor may bill and collect a fee from residential customers as authorized in § 110-12 ("Township residential collection contract").
C. 
The residential contractor shall provide a weekly pickup or collection of municipal waste and recyclable materials from all residential units in Millcreek Township exclusive of commercial pickups, and shall notify each head of household of the day of the week for the scheduled collection of municipal waste and recyclable materials. This collection shall, at the election of the resident, be either:
(1) 
An unlimited collection as to volume or number of containers of municipal waste and recyclable materials; or
(2) 
A per-bag collection of municipal waste with unlimited collection as to volume of recyclable materials.
D. 
The collection of recyclable materials shall be separate from collection of municipal waste, but both shall be collected and on the same day of each week for each residential household.
(1) 
It shall be unlawful for the residential contractor to commingle municipal waste and recyclable materials; and/or to dispose of recyclable materials as municipal waste or leaf waste; and/or to fail to market collected recyclable materials for recycling.
(2) 
This subsection shall not preclude the residential contractor from utilizing combination, one-pass vehicles for collection of municipal waste and recyclable materials, so long as each is collected and maintained for transportation and disposition in separate compartments without commingling.
E. 
While designated recyclable materials may be commingled for collection, it shall be the responsibility of the residential contractor to separate each of the recyclable materials prior to their ultimate disposition and marketing for reuse.
F. 
Leaf waste shall be collected by the residential contractor weekly from each residential household customer, but shall be limited to a six-week period in the spring and/or autumn of each calendar year of the residential contract. The precise six-week period for leaf waste collection in any given year shall be as determined by the Board of Supervisors after discussion with the residential contractor.
(1) 
The all-inclusive and per-bag service options shall each include unlimited leaf waste collection service during such designated six-week period.
(2) 
Residents shall be given due notice by the Township and the residential contractor of the six-week leaf waste collection period, and residential customers shall during said designated periods set out their leaf waste generated upon such properties at curbside in tied Township-designated bags for collection.
(3) 
Leaf waste shall be collected by the residential contractor from each customer's property on the same day as the customer's scheduled collection of municipal waste and recyclable materials, but shall be collected separately from municipal waste and recyclable materials.
(4) 
It shall be unlawful for the residential contractor to commingle leaf waste with municipal waste and/or recyclable materials in the collection, transportation or disposition of materials.
(5) 
All leaf waste collected by the residential contractor shall be directed for disposition only to a licensed composting facility.
(6) 
The residential contractor shall be solely responsible for the proper collection, transportation and disposition for composting of leaf waste for the life of its contract with Millcreek Township, and shall provide for composting itself or at a licensed composting facility in conformity with applicable state and local law and regulations.
G. 
It shall be unlawful and constitute a violation of this chapter for any person or entity other than the residential contractor to collect, pick up, transport or dispose of municipal waste, recyclable materials and/or leaf waste generated at or upon residential properties located in Millcreek Township, excluding only those defined herein and maintained as a commercial pickup or as is otherwise excluded by the definition of leaf waste in this chapter.
H. 
Every resident, owner, occupant or responsible party for a residential dwelling not deemed a commercial pickup shall have their municipal waste, recyclable materials and leaf waste collected, removed, transported and disposed of only by the residential contractor under contract with Millcreek Township, and shall pay to the residential contractor such fee as is established under such contract for the service method elected by the resident.
I. 
The residential contractor shall pay to Millcreek Township on an annual or quarter-annual basis such contribution toward the Township's expense incurred in providing administrative services for municipal waste disposal, recycling programs and leaf composting programs as shall be fixed in the specifications and contract approved by the Board of Supervisors.
J. 
The residential contractor shall at its expense provide in quarterly billings to residential customers and/or through publications in newspapers of general circulation in Millcreek Township as designated by the Board of Supervisors in the specifications and contract notices to residents concerning scheduled leaf waste collection periods and educational information on recyclable materials and their proper recycling.
K. 
It shall be a violation of this chapter and unlawful, subject to fines and penalties prescribed in this chapter, for any person to place at his or her residence's curbside for collection by the residential contractor municipal waste and/or leaf waste not generated upon such property in ordinary residential use thereof.
L. 
Municipal waste and/or leaf waste generated upon another property shall not be deemed included within the all-inclusive residential service intended under this chapter and the Township residential collection contract awarded by the Board of Supervisors.
M. 
Construction materials and other municipal waste and/or leaf waste generated by or arising from a person's business enterprise shall be disposed of or composted, as applicable, by the person generating the same in accordance with the requirements of this chapter applicable to persons and properties deemed a commercial pickup.
N. 
Construction materials in substantial quantity generated at or upon a residential property otherwise subject to the residential contract through construction or renovation of the improvement(s) on the property shall be disposed of by the construction contractor, owner or occupant through separate arrangement or contract with a hauling firm, at the expense of the contractor, owner or occupant, and shall not be deemed within the all-inclusive residential service option under the Township residential collection contract. This subsection shall not be deemed to exclude the following from all-inclusive residential service option under the Township residential collection contract:
(1) 
Wood and related products generated in ordinary residential use, so long as nails and protruding objects are removed or rendered safe for collection;
(2) 
Replaced guttering and fenceboards and the like, so long as they are rendered safe for collection, not longer than four feet and, in any substantial quantities, tied or bundled;
(3) 
Other items excluded from the definition of "construction materials," in § 110-3 of this chapter, generated upon the residential property in the ordinary course of its use.
O. 
Millcreek Township and the residential contractor shall cooperate in disseminating to the public information regarding the contract, services, service options, obligations of residents and the contractor and definition and proper preparation of recyclable materials to encourage the effective reuse of such resources.
P. 
The residential contractor shall be subject to the following duties and obligations throughout the term of any contract with the Township:
(1) 
The contractor shall at all times follow, comply with and abide by the then-applicable contract(s), specifications and bid blank for collection, transportation and proper disposition of municipal waste, recyclable materials and leaf waste.
(2) 
The contractor shall at all times follow, comply with and abide by federal, state and local laws, ordinances, rules, regulations and resolutions, including but not limited to the Solid Waste Management Act,[1] the Municipal Waste Planning, Recycling and Waste Reduction Act,[2] the Erie County Solid Waste Plan, the Waste Transportation Safety Act[3] and this chapter.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
(3) 
The contractor shall submit to Millcreek Township in full and timely fashion and in the manner or format specified in the contract all reports, notices and documents required under applicable law, this chapter and/or said contract, and shall retain all records as required under said contract.
(4) 
The contractor shall be required at its or his own cost and expense to furnish, maintain, operate or have access to a municipal waste disposal facility of sufficient size and capacity to dispose of the municipal waste collections made by the contractor under the terms of the Township residential collection contract through the term of such contract. Lack of capacity at a municipal waste disposal facility shall not excuse the contractor's performance under the contract.
(5) 
The contractor, throughout the term of the contract, shall be required at its or his own cost and expense to furnish, maintain, operate or have access to proper and licensed facilities for the separation and marketing for reuse of recyclable materials and composting of leaf waste collected by the contractor under the terms of the residential contract. Lack of capacity at any such facility shall not excuse the contractor's performance under the contract.
(6) 
Labor disputes and/or work stoppages at or affecting the residential contractor and/or facilities utilized for disposal of municipal waste, marketing of recyclable materials and/or composting of leaf waste shall not excuse the contractor's performance under the residential contract.
A. 
Every resident owning, occupying or using a residential dwelling in Millcreek Township, excluding only those defined and maintained as a commercial pickup, shall contract only with the Township's designated residential contractor for the collection, removal, hauling, transportation and proper disposition of municipal waste, recyclable materials and leaf waste generated upon or within the said dwelling. Every resident contracting for service with the residential contractor shall be obligated to pay to such contractor the fee(s) assessed for the service option elected by such resident.
[Amended 2-14-2017 by Ord. No. 2017-4]
B. 
The residential contractor shall offer all persons and properties subject to residential collection under the contract the two alternative methods of service set forth in § 110-11C of this article, each method to include unlimited collection, transportation and proper disposition of recyclable materials and leaf waste.
[Amended 2-14-2017 by Ord. No. 2017-4]
(1) 
Residents electing the per-bag service method shall be authorized to place municipal waste for collection by the residential contractor only in those bags authorized by the contractor and purchased from the contractor or Millcreek Township. Such bags shall have a minimum capacity of 33 gallons and shall be packaged in minimum quantities of five bags per package.
(2) 
The fee per household for all-inclusive service shall be assessed and paid on a quarter-annual basis, and it shall be the responsibility of each resident or responsible party occupying such household to pay such fee to the residential contractor.
(3) 
The amounts of the all-inclusive and per-bag service methods shall be established as a result of the Township's solicitation of bids and contract award for residential service.
C. 
The residential contractor shall provide to residents contracting with it for all-inclusive or per-bag service who are eligible for and possess a PACE card a ten-percent senior citizen discount.
(1) 
Any resident requesting such discount shall be obligated to supply his or her PACE card and another form of identification in order to be eligible for the discount.
(2) 
Any resident who, after receiving benefit of the senior citizen discount, should become ineligible for a PACE card, shall from the date of such ineligibility no longer be eligible for the senior citizen discount and, within 10 days after receiving notice of PACE ineligibility, shall notify the residential contractor.
(3) 
No person shall attempt to obtain a senior citizen discount through use of a PACE card not belonging to that person.
(4) 
The senior citizen discount shall apply only to persons who own or lease the serviced property such as to be the responsible party. No person not the owner or lessee of the serviced property or the spouse of such owner or lessee shall apply for a senior citizen discount, nor shall any responsible party for a property seek to obtain through another person's eligibility the discount to which the responsible party is not entitled.
D. 
For any period in excess of 30 continuous days during which a resident or responsible party has paid or is obligated to pay the fixed quarterly fee for unlimited disposal services but his or her household will not generate municipal waste, recyclable materials and leaf waste during such period due to the residence's not being occupied on account of: relocation to a new residence; extended vacation; lengthy hospitalization or convalescence; or other reason, such responsible party shall be entitled to a pro rata refund or credit from the residential contractor for the period of nonoccupancy so long as the responsible party notifies the contractor of such nonoccupancy not later than seven days after the period of nonoccupancy begins. If such notice is not given to the residential contractor within seven days after commencement of nonoccupancy, the credit shall not be due earlier than seven days prior to the contractor's receipt of notice.
E. 
All residents contracting with the residential contractor for provision of services shall, upon first contracting with the contractor, elect the method of service desired. Residents shall be entitled to elect a different service method only upon the commencement of service for a property and on 30 days' written notice provided to the residential contractor. No resident shall be allowed to avoid these requirements through voluntary termination and later reinstatement or otherwise, unless the contractor should agree to the contrary.
[Amended 2-14-2017 by Ord. No. 2017-4]
F. 
The residential contractor shall be solely responsible for payment of all fees and charges assessed or incurred in performing the contract, including but not limited to collection, transportation, proper disposal of municipal waste, disposition and marketing of recyclable materials and composting of leaf waste, and all such costs shall be included in any price bid for a contract of residential collection service.
G. 
Special services and fees.
(1) 
The residential contractor shall provide, for a special assessment fee to be paid by residential collection customers requesting such service, collection, transportation and proper disposal of appliances containing freon which cannot lawfully be disposed of in landfills under present laws and regulations.
(2) 
Contractor shall collect such appliances from residential customers requesting the service and shall transport such appliances to an authorized recycling center for removal of freon and proper recycling. Specifications issued pursuant to this chapter and the residential contract awarded shall require that this special service be included in any contract at the fee established in the contractor's bid.
(3) 
The residential contractor or any other hauler shall be entitled to contract with owners of or responsible parties for residential dwellings included within the Township's residential contract for collection, transportation and disposal of garbage, household rubbish, construction materials excluded from residential collection under this article and other municipal waste generated upon such property in the course of its construction or substantial renovation, at such fees as the contractor or registrant and the responsible party shall agree.
[Amended 2-14-2017 by Ord. No. 2017-4]
H. 
The provisions of §§ 110-11L and 110-12G of this chapter shall not exclude from the all-inclusive and unlimited residential service method materials constituting municipal waste and/or construction materials which are generated upon or within a residential dwelling as a consequence of water damage, sewer backups created by weather or flood events, where the Board of Supervisors by Resolution shall have authorized such inclusion and insurance coverage extending to payment of benefits for such service does not exist. Where the owner or responsible party has insurance affording such benefits, such owner or responsible party shall contract with the residential contractor or other registered hauling contractor for service in collection and disposal of such materials.
I. 
Billing, payment and failure to pay procedures.
[Amended 2-14-2017 by Ord. No. 2017-4]
(1) 
It shall be the responsibility of the residential contractor to bill and collect from each household contracting for its services amounts due for services rendered by the contractor in performance of the contract. It shall be the responsibility of each household that has contracted for services pursuant to the Township residential collection contract to pay for such services in a timely manner.
(2) 
Refuse fees and charges shall be assessed and billed by the residential contractor on a quarterly basis for the quarters beginning in January, April, July and October, and shall be due within 30 days following the date on which said assessment bill was mailed. Interest at the rate of 10% per year shall accrue on unpaid invoices beginning on the day following the due date of the invoice, and shall be added to all original amounts of the invoice remaining unpaid at the end of the calendar month in which the same were first imposed and assessed, and shall continue to accrue until the full amount of the invoice and accrued interest is paid in full.
(3) 
If a customer under the Township residential collection contract fails to pay the residential contractor the amount properly invoiced and due under the Township residential collection contract for a period of more than 180 days after the due date, and the residential contractor can document that it has made reasonable attempts to obtain payment, the residential contractor may assign its rights to the Township.
(4) 
When the residential contractor assigns an unpaid residential collection service account to the Township, such unpaid account becomes a municipal claim as that term as defined in the Municipal Claims Act, 53 P.S. § 7101 et seq., and all refuse fees, penalties, interest, collection fees, lien filing and satisfaction fees and other charges imposed for failure to pay promptly shall constitute a lien upon and against the subject property and its owner from the date of their imposition and assessment.
(5) 
Following the assignment of an unpaid collection service account, the Township shall initiate collection procedures, which may include referral to a collection agency, filing of liens, scire facias proceedings to collect filed liens, and any and all other measures or combination thereof which the Recycling Department deems appropriate.
(6) 
If the remedy pursued is to file a lien, liens for unpaid refuse fees shall be filed by the Township in the Court of Common Pleas of Erie County as required by the Municipal Claims Act to preserve the Township's statutory lien therefor within the time limit provided by law. The Township shall provide the Township Solicitor with such information as is necessary to ensure filing of liens in court to preserve existing statutory liens for unpaid refuse fees and other charges.
(7) 
In the event the Township should determine under its resolutions and policies that a delinquent refuse account should be referred to the Township Solicitor or other attorney retained by Township for collection in scire facias sur municipal lien proceedings pursuant to the Municipal Claims Act, 53 P.S. § 7101 et seq., as may in the future be amended, then all attorneys' fees and costs incurred by the Township in such proceeding shall be imposed upon the lot, parcel, building and owner as a cost of collection, in accordance with the Municipal Claims Act and applicable ordinances and resolutions of the Township.
(8) 
In no event shall the contractor's agreement, at the request of the owner(s) of a property, to issue billings for refuse fees and charges to the lessee or occupier of owner(s) relieve or excuse owner(s) in any respect from liability to pay such refuse fees and other charges should the lessee or occupier fail for any reason to do so. Refuse fees and other charges assessed and imposed pursuant to this chapter shall constitute a lien against the property benefitted by the collection and disposal of municipal waste, recyclable materials and leaf waste regardless of the manner in which such assessments are billed and regardless of whether or not such owner occupies the property. Nothing in this chapter shall be construed to prohibit or limit an owner's ability to collect by lease or contract sums due by a tenant or other occupier of the owner's property, but such lease or contract shall not bind the Township or limit in any way the Township's authority to impose, assess, lien and collect refuse fees and charges.
(9) 
All costs of the Township's collection procedures, including, but not limited to, fees for filing, perpetuation and satisfaction of liens, collection fees, attorneys' fees, court costs, litigation expense, charges for service of documents, shall upon being incurred by the Township be imposed as a charge for nonpayment and added to the balance due on said premises' account.
(10) 
No lien shall be satisfied, nor shall any collection proceeding be discontinued until all amounts due on an account, including fees, penalties, interest, collection fees, attorneys' fees, court costs and other charges are first paid in full to the Township.
(11) 
Application of payments received on accounts. When a payment is tendered upon an account whose balance then due includes fees, penalties, interest, lien costs, collection fees or other charges, such payment shall be applied first to payment of penalties, costs and other charges incurred by the Township, with any remaining amount paid over to the residential contractor.
(12) 
In the event the residential contractor is not paid the quarterly fee per household assessed for unlimited collection service or is not paid sums due by residents electing the per-bag service method, and it has not assigned the delinquent account to the Township, the contractor may proceed to collect such sums in a civil action against the resident, householder, customer or other responsible party for such dwelling.
(13) 
In no case shall the residential contractor providing the services required under the Township residential collection contract cease providing such services as a remedy for the failure of a customer to pay an invoice for services rendered unless approved, in writing, by the Township.
(14) 
In no event shall Millcreek Township be responsible for payment of any sum due with regard to services rendered by a residential contractor under the Township residential collection contract.
J. 
Miscellaneous provisions.
(1) 
Should a residential customer place recyclable materials for collection in such manner that they are not cleaned from municipal waste or other materials as required by this article and, as presented, are contaminated, the contractor may decline to collect the same if the contractor gives to the customer written notice of the deficiency and reasons affixed to the container at this time the collection is refused.
[Amended 2-14-2017 by Ord. No. 2017-4]
(2) 
Residential customers shall cut, bend or otherwise reduce to a length not exceeding four feet fence boards, guttering, Christmas trees, shrubbery, limbs, branches and other materials presented for collection by the contractor as municipal waste.
[Amended 2-14-2017 by Ord. No. 2017-4]
(3) 
The unlimited collection service method is not intended to encompass collection of large appliances and other items in a quantity not reasonably generated in the incidental and normal use of a residential premises. Collection of large items from a premises presented in greater than the volume generated by a residential use may at the contractor's election be subject to a special service fee not exceeding that bid and accepted by the Township in the contract award; provided, that such fee shall be assessed only after prior notice to the customer.
(4) 
Where the owner, occupant, lessee or other responsible party of a residential premises included in the residential contract also conducts a business enterprise from the dwelling which generates municipal waste presented for collection, the residential contractor may assess upon such customer an additional quarterly service fee not exceeding 75% of the quarterly contract fee for unlimited collection service.
(5) 
Where this chapter specifies a particular type of bag or container for placement of recyclable materials and/or leaf waste, an alternative bag or container prescribed or authorized by the residential contractor or hauler shall be permitted, so long as the alternative complies with the objectives and requirements of this chapter.
[Amended 2-14-2017 by Ord. No. 2017-4]
A. 
In considering bids received in response to its specifications and solicitation of bids for residential collection service issued pursuant to this chapter, the Board of Supervisors shall:
(1) 
Determine whether each bidder is financially responsible;
(2) 
Determine whether each bidder is capable of performing all of the duties and obligations imposed under the proposed contract;
(3) 
If it has solicited bids for alternative terms or provisions, determine those terms and provisions to be in the best interests of the Township and residential customers;
(4) 
Look to the fixed quarterly fee bid for the unlimited collection, transportation and disposal of municipal waste, recyclable materials and leaf waste service method, and not to the per-bag service method or other service options, as establishing the bid price for purposes of evaluating the amount or price of bids received.
B. 
The Board of Supervisors shall have authority to prepare such specifications and consider such additional factors as it deems advisable for the health, safety and welfare of the Township and residential customers.
[Amended 2-14-2017 by Ord. No. 2017-4]
A. 
All hauling firms hired to collect, transport, dispose, market for recycling and/or compost municipal waste, recyclable materials and/or leaf waste generated by owners or occupants of properties located in the Township shall be required to keep and maintain records and to submit to Millcreek Township as it may require all customer lists and reports so as to ensure compliance with federal, state and local laws, rules or regulations, and to enable Millcreek Township to comply with its statutory obligations and make full and proper application for recycling and other grants available to it. Reports required by the Township shall serve as a means to apprise the Township of the status of disposal, recycling and composting activities and expenditures. Such reports shall include, at a minimum:
(1) 
Itemized tonnages of municipal waste disposed of in solid waste facilities;
(2) 
Itemized tonnages of all recyclable materials collected, and accompanying residue rate;
(3) 
Itemized tonnages of all leaf waste collected and delivered for composting during that period;
(4) 
The identity of each solid waste disposal facility, recycling facility and/or leaf composting facility utilized, with tonnages, and, upon request by the Township, certified weight receipts applicable to each; and
(5) 
A listing of all properties serviced by such contractor or hauler during the period for which the report pertains, the nature of services provided to each and the identity of property owners.
B. 
All reports shall set forth in detail the tonnages of recyclable materials and/or leaf waste collected from mobile home parks, apartments, condominiums and other residential properties and the tonnages of recyclable materials marketed and leaf waste composted from such residential collections.
C. 
Hauling firms shall maintain such records as may be required to identify and distinguish such residential properties, accounts and collections from other, nonresidential properties, accounts and collections.
D. 
Upon request by Millcreek Township, hauling firms shall certify that information set forth in § 110-14C of this chapter as to all residential use properties serviced by such hauler during the reporting period.
E. 
Each report and customer list shall be accompanied by a sworn or verified statement of the residential contractor or hauling firm, confirming that such contractor or hauler has during the period to which the report pertains ensured that:
(1) 
All municipal waste has been disposed of in a solid waste facility permitted under the Erie County Solid Waste Management Plan;
(2) 
All recyclable materials have been separated, marketed for recycling and proper reuse as required by this chapter and have not been landfilled, reused in the same form or used for energy recovery; and
(3) 
All leaf waste collected has been source-separated and transported for disposition at a licensed composting facility in accordance with the requirements of this chapter.
F. 
All records of the residential contractor or registrant hauling firm pertinent to performance of collection, transportation and disposition services from properties in Millcreek Township shall be retained by such contractor or hauler for a period of not less than three years after the date of the report for which such records pertain.
G. 
Violation by a residential contractor or registrant of § 110-14A and B of this chapter shall constitute a material breach of obligations owed to Millcreek Township under the Township residential collection contract, and the residential contractor shall be subject to fines and penalties prescribed in this chapter and shall be grounds for revocation or rescission by Millcreek Township of such contract.
H. 
Violation by the hauling firm of § 110-14A and B of this chapter shall subject the hauling firm to fines and penalties prescribed in this chapter.
I. 
Customer lists and other reports required to be submitted to Millcreek Township shall be in writing and, upon request by the Township, also on computer diskette(s) or other acceptable electronic media in a format prescribed by the Township.
[1]
Editor’s Note: Former § 110-15, Application of ordinance, contract and registrations, was repealed 2-14-2017 by Ord. No. 2017-4.
A. 
Millcreek Township, through its Board of Supervisors, Police Department and code enforcement personnel authorized by the Board of Supervisors to enforce this chapter, shall have full authority to investigate alleged violations, issue enforcement notices, impose administrative fines, commence civil actions for enforcement and/or collection of fines for violation of this chapter and otherwise enforce and secure compliance with the provisions of this chapter.
B. 
Administrative and civil enforcement of this chapter shall be in accordance with Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, and Article II, Attorneys' Fees, of the Code of the Township of Millcreek (Ordinance Nos. 96-8 and 96-9), as the same may in the future be amended, and in accordance with the procedures established in said ordinances and in resolutions adopted by the Board of Supervisors.
C. 
The Board of Supervisors and code enforcement personnel entrusted with enforcement of this chapter shall have authority to issue cease-and-desist orders, directing persons found to have violated provisions of this chapter to cease and remedy the said violations, and shall further have authority to seek equitable and/or injunctive relief to prohibit violations.
D. 
Violations of this chapter which are declared in this chapter or in Chapter 40, Conduct, Article II, Nuisances, of the Code of the Township of Millcreek, to constitute nuisances shall be enforced under either ordinance, and the Board of Supervisors shall have authority to abate nuisances and recover the costs thereby incurred from the responsible party.
E. 
Each day that a violation of this chapter is permitted to exist shall constitute a separate and continuing offense.
F. 
Any person, corporation, partnership or other entity who/which violates any provision of this chapter shall be liable to civil proceedings for enforcement. Upon a determination by the Police Department or other code enforcement personnel that a violation of this chapter has occurred, an enforcement notice shall be given to or served upon the violator(s) in accordance with Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, of the Code of the Township of Millcreek (Ordinance No. 96-8), as may be amended. In the event such violation is not cured by the deadline set forth in the enforcement notice, code enforcement personnel shall institute a civil action for enforcement in accordance with Chapter 48, Conduct, Article I, Ordinance Enforcement.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 2-14-2017 by Ord. No. 2017-4]
A. 
Any person, corporation, partnership or other entity violating this chapter shall pay the fines prescribed in this section. The following fines are hereby prescribed for violation of this chapter:
Violation
Prescribed Fine
Violations relating to covered devices, § 110-9
$600
Failure to submit complete and timely reports to the Township, § 110-14
$600
Failure to keep separate and/or to dispose of municipal waste, recyclable materials and/or leaf waste as required, §§ 110-4 through 110-8
$600
Failure by the owner or responsible party to ensure separation, collection and proper disposition of materials as required, §§ 110-4 through 110-8, or to submit required notices and reports to the Township
$600
Placing municipal waste, recyclable materials or leaf waste generated on one property onto another's property
$600
All other violations
$300
B. 
The prescribed fines shall be assessed for each day a continuing violation occurs or is permitted to occur.
C. 
In the event a violation of this chapter is believed to have occurred, the Township shall issue a written enforcement notice, directing that the violator take such action as the Township determines to be necessary to remedy such violation. If such violation is not remedied within the time allowed by such notice, the Township shall commence a civil enforcement action in the office of the District Magisterial Judge having jurisdiction.
D. 
Violation by the residential contractor of this article may, at the discretion of the Board of Supervisors, result in revocation or rescission by the Township of such contract.
E. 
All judgments entered in civil actions for enforcement commenced by Millcreek Township shall, in accordance with the Second Class Township Code and Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, and Article II, Attorneys' Fees, of the Code of the Township of Millcreek (Ordinance Nos. 96-8 and 96-9), as the same may in the future be amended, include the civil action fine prescribed for the violation in § 110-17A, plus all court costs and plus all attorney's fees incurred by Millcreek Township in such matter. A person found to have violated this chapter shall be responsible for payment of all attorney's fees incurred by the Township in all proceedings related to enforcement, including appeals taken by the violator.
[Amended 2-14-2017 by Ord. No. 2017-4]
A. 
The Board of Supervisors shall have authority to adopt, amend, implement and administer such policies, procedures and forms as it deems necessary or appropriate to effectuate this chapter.
B. 
The Board of Supervisors shall designate such persons to be responsible for administering and enforcing this chapter as it deems appropriate.
C. 
The Board of Supervisors shall have authority to enter into agreements with such persons or firms as it deems appropriate to effectuate this chapter and its purposes.