[Adopted 6-9-1993 by Ord.
No. 93-6A]
[HISTORY: Adopted by the Board of Supervisors of Jackson
Township as indicated in part histories. Amendments noted where applicable.]
This Part 1 shall be known and may be cited as the "Jackson
Township Municipal Solid Waste Management and Recycling Ordinance."
The following words and phrases, as used in this Part 1, shall
have the meanings ascribed to them herein, unless the context clearly
indicates a different meaning:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988).[1]
Empty all-aluminum food and beverage containers, clean aluminum
foil and pie tins, aluminum siding, aluminum frames of furniture,
scrap from industrial sources and other all-aluminum materials.
A person, firm, partnership, corporation or public agency
authorized by the Township or county to collect municipal waste from
residential, commercial, municipal, and institutional establishments.
Empty food or beverage containers consisting of ferrous sides
with aluminum top and bottom. A container is bimetallic if a magnet
sticks to the sides, but not the ends.
Large waste items, including, but not limited to, appliances,
auto parts, furniture, trees and branches, or stumps or other items
too large for approved reusable or disposable waste containers.
Any person, firm, partnership, corporation or public agency
authorized by the Township to collect recyclable materials from residences
or authorized by commercial, municipal and institutional establishments
to collect recyclable materials from those properties.
Those properties used primarily for commercial or industrial
purposes.
Events that are sponsored by public or private agencies or
individuals, including, but not limited to, fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Container board cartons, Kraft liner board and shipping boxes
with corrugated paper medium. This definition also includes Kraft
(brown) paper bags.
Any metal bin or container which may be mechanically lifted
and emptied into a collection vehicle.
All animal and vegetable waste resulting from handling, preparation,
cooking or consumption of food.
Empty bottles and jars made of clear, green or brown glass.
This definition does not include noncontainer glass, window glass,
blue glass, porcelain, ceramic products and light bulbs.
See "authorized collector."
Printing, writing and computer paper used in commercial,
institutional and municipal establishments, as well as in residences.
This definition includes white paper, white ledger, bond paper, colored
ledger, computer printouts, computer tab cards and copy machine paper.
Unwanted hazardous material found in or generated by residential
establishments.
Facilities engaged in manufacturing or processing, including,
but not limited to, factories, foundries, mills, processing plants,
refineries and mining.
Facilities that house or serve groups of people, including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and colleges.
Automotive, truck and industrial batteries that contain lead.
Properties having three or more dwelling units per structure.
Public facilities operated by the Township and other governmental
and quasi-governmental agencies.
Jackson Township, County of Butler, Commonwealth of Pennsylvania.
Garbage, refuse, industrial lunchroom or office waste and
other material resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities;
and any sludge not meeting the definition of "residual or hazardous
waste" as defined by Pennsylvania Solid Waste Management Act, 35 P.S.
§ 6018.101 et seq., as amended.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Newsprint
which has been soiled, crumpled, color comics, glossy advertising
inserts and advertising inserts printed in colors other than black
and white often included with newspapers may be exempted from this
definition.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
Plastic such as containers for milk, food containers, household
product containers, PET soda bottles, beverage containers and other
plastic products.
Materials generated by residential, commercial, municipal
and institutional establishments for which recycling markets exist
and for which there is a recycling agent. Recyclable materials may
include clear glass, colored glass, aluminum, steel and bimetallic
containers, high-grade office paper, newspapers, corrugated paper,
plastics and any other item selected by the Township or county or
specified in amendments to Act 101.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, plastics and other materials which would otherwise
be disposed or processed as municipal waste.
All solid waste, except body waste, and including garbage,
ashes and rubbish.
Any occupied single-family, duplex or multifamily dwelling
of two units or less.
Glass, metal, paper, discarded furniture, building materials,
cartons and shipping containers and any and all accumulations of the
same.
Unauthorized or uncontrolled removal of solid waste materials
placed for collection or removal from a solid waste processing or
disposal facility.
Unwanted garbage, refuse and other discarded solid material
resulting from residential, industrial, commercial and agricultural
operations and from community activities. Unwanted liquids, semisolids
and contained gaseous materials are hereby defined as solid waste.
Recyclable and reusable materials, including any compostable organic
waste, do not constitute solid waste for the purpose of this Part
1.
Materials that are separated from municipal waste at the
point of origin for the purpose of being recycled.
All coated (tin, zinc, etc.) and other empty ferrous food
and beverage containers, including allowed materials. This definition
also includes ferrous and alloyed ferrous scrap materials derived
from iron and stainless steel and white goods (large appliances).
The containment of any waste on a temporary basis in such
a manner as to not constitute disposal of such waste.
Leaves, garden residue, shrubbery and tree trimmings, grass
clippings and similar material.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
B.
All municipal waste shall be stored in containers approved by the
Township and shall comply with the following standards:
(1)
Reusable containers shall be constructed of durable, watertight,
rust- and corrosion-resistant material.
(2)
Reusable containers for residences shall have tight-fitting covers,
have suitable lifting handles and shall have a capacity of not more
than 30 gallons. If mechanical bins or detachable containers are in
use, the Township may waive these standards.
(3)
Disposable plastic bags or sacks are acceptable containers, provided
the bags are designed for waste disposal. Such bags shall be securely
tied at the top for collection and shall have a capacity of not more
than 30 gallons.
(4)
All containers, whether reusable or disposable, shall be kept tightly
covered at all times and shall be used and maintained so as to prevent
public nuisances.
C.
Any person storing municipal waste for collection shall comply with
the following storage standards:
(1)
Reusable containers shall be kept in a sanitary condition at all
times. The interior of the containers shall be kept clean by thoroughly
rinsing, draining and disinfecting as often as necessary.
(2)
Containers shall be covered or sealed at all times, and waste shall
not protrude or extend above the top of the container.
(3)
With the exception of pickup days when containers are placed out
for collection, all containers shall be properly stored on the owner's
property.
(4)
Bulky waste items shall be stored in a manner that will prevent the
accumulation or collection of water, the harborage or breeding of
vectors, insects or rodents, or the creation of safety and fire hazards.
D.
The storage of all municipal waste from multifamily housing, commercial,
institutional and municipal establishments and industrial lunchrooms
and office wastes shall comply with the regulations and standards
set forth in this Part 1. The type, size and placement of bulk containers
for these establishments shall be determined by the waste generator
and the authorized collector and are subject to approval by the Township.
[Amended 11-21-2002 by Ord. No. 02-11]
All generators of municipal waste in the Township shall contract
for the collection of disposable waste and recyclable items, as follows:
A.
All residential properties shall use an authorized collection service
unless they prove to the Township that they have made alternative
arrangements consistent with this Part 1.
B.
All multifamily housing, commercial, institutional and municipal
establishments, and industrial establishments with office and lunchroom
wastes, shall use an authorized collection service of their choice.
C.
Collection service shall be provided in compliance with the following
standards:
(1)
All residential waste shall be collected at least biweekly with the
exception that arrangements shall be made in advance with the collector
for pickup of bulky waste and for payment of any special fees.
(2)
All multifamily housing, commercial, municipal, institutional and
industrial waste shall be collected at least once each week and more
often if required in order to control health hazards, odor or unsightly
conditions.
(3)
All recyclable materials shall be collected at least once each month.
(4)
Each authorized collector shall establish a regular collection schedule
in the Township and shall so notify the Township of the days and times.
If a regular collection day falls on a holiday, the collector shall
notify all customers and the Township as to when collection will be
made.
(5)
All collection of waste in residential areas shall be limited to
the hours between 6:00 a.m. and 9:00 p.m., prevailing time.
D.
All authorized collectors operating within the Township shall comply
with the Butler County Municipal Waste Management Ordinance as regards
the licensing of collectors and the transportation of waste to the
county-designated disposal facility.
All authorized collectors shall be responsible for the collection
of any fees or charges for municipal waste collection and disposal
services provided to residential, commercial, institutional, municipal
and industrial sources within the Township.
A.
Persons in residential establishments shall separate recyclable materials
from other waste. Recyclable materials shall be placed at the curbside.
Recyclable materials shall be prepared for collection according to
Township or county guidelines and shall be placed in containers provided
by the Township or cut and baled, tied, bundled, stacked or packaged
in compliance with the guidelines.
(1)
All containers provided for residential establishments for recyclable
materials shall be the property of the Township and shall be used
only for the storage and collection of recyclable materials. Any resident
who moves shall be responsible for leaving the container within the
residence or shall pay the replacement cost of said container.
(2)
Use of the allocated recycling container for any purpose other than
the recycling program shall be a violation of this Part 1.
B.
An owner, landlord or agent of the owner or landlord of a multifamily
housing property with three or more units shall comply with its recycling
responsibilities by establishing a collection program for the tenants
at each property. The collection system shall include suitable containers,
provided by the owner, landlord or agent, for sorting and collection
of recyclable materials. The container shall be placed in easily accessible
locations, and written instructions shall be provided to the tenants
concerning use and availability of the collection system.
(1)
Owners, landlords or agents of multifamily property who are in compliance
with this Part 1 shall not be liable for noncompliance by the occupants
of their property.
(2)
Owners, landlords or agent of multifamily property who have recyclable
material collected by a collection firm other than the Township or
its designated collector(s) shall submit an annual report to the Township
reporting the tonnage of materials recycled during the previous year.
C.
Commercial, institutional, municipal establishments and community
activities shall separate materials as may be designated by the Township
and shall store the recyclable materials until collection. These establishments
may be exempt from this Part 1 if the establishments have otherwise
provided for the recycling of materials specified by this Part 1 and
provide documentation to the Township annually indicating the designated
recyclable materials are being recycled and indicating the tonnage
of materials recycled during the previous year.
(1)
It shall be the responsibility of each establishment and community
activity to submit an annual report to the Township reporting the
tonnage of materials recycled by the establishment or activity during
the previous year.
No person shall place a used lead acid battery in municipal
waste, discard or otherwise dispose of a lead acid battery, except
by delivery to a designated facility authorized under the laws of
Pennsylvania.
All recyclable materials, when placed at the curbside, become
the property of its authorized collector, except as provided below:
A.
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the Township. The recyclable materials
shall be either delivered to the individual or organization site or
may be placed at the curb for collection by said individual or organization.
If placed at the curb, the individual or organization shall not collect
recyclable material on days designated as municipal collection days.
B.
Any person who donates or sells recyclable materials shall not receive
a discount in waste collection fees paid to their collector.
A.
The Board of Supervisors or its designated representatives shall
be responsible for the enforcement of the provisions of this Part
1.
B.
The Township may enter into an agreement with public or private agencies
or firms to authorize said agencies or firms to collect all or part
of recyclable materials placed at curbside or at another designated
site.
The Board of Supervisors of Jackson Township or its designated
representative shall be responsible for the enforcement of the provisions
of this Part 1. The Township Supervisors are authorized by this Part
1 to enact reasonable rules and regulations for the operation of this
Part 1, including, but not limited to:
A.
Designating recyclable materials to be separated by residential establishments
and designating additional recyclable materials to be separated by
commercial, institutional and municipal establishments.
B.
Establishing collection procedures for recyclable materials.
C.
Establishing reporting procedures for volumes of materials recycled.
D.
Establishing procedures for the distribution, monitoring and collection
of recycling containers.
E.
Establishing procedures and rules for the collection of yard waste.
[Amended 11-21-2002 by Ord. No. 02-11]
Any person, firm or corporation who shall violate the provisions of this Part 1 and its rules and regulations shall receive an official written warning of noncompliance for the first offense. Thereafter, any person, firm or corporation who shall violate any provision of this Part 1, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs, including reasonable attorney fees incurred by the Township, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 1 continues or each section of this Part 1 which shall be found to have been violated shall constitute a separate offense.
