Township of Scott, PA
Columbia County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Scott Township as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 52.
Open burning — See Ch. 59.
Property maintenance — See Ch. 104.
Article I Waste Management

§ 115-1 Title.

§ 115-2 Definitions.

§ 115-3 Prohibited dumping and storage.

§ 115-4 Hauling of waste permitted.

§ 115-5 Normal farm activities permitted.

§ 115-6 Unauthorized collection unlawful.

§ 115-7 Authorization to collect own municipal waste.

§ 115-8 License to collect municipal waste of others.

§ 115-9 Storage may not create health and safety hazards.

§ 115-10 Storage in containers required.

§ 115-11 Preparation for collection.

§ 115-12 Bulk containers.

§ 115-13 Disposal at licensed facility required.

§ 115-14 Disposal of bulky waste.

§ 115-15 Spillage.

§ 115-16 Frequency of collection.

§ 115-17 Agreements and charges for collection.

§ 115-18 Recycling regulations.

§ 115-19 Property of recyclables.

§ 115-20 Violations and penalties.

§ 115-21 Effect of other legislation.

§ 115-22 Authority of Board to establish and revise regulations.

Article II Recycling

§ 115-23 Short title.

§ 115-24 Declaration of policy.

§ 115-25 Definitions.

§ 115-26 Standards and regulations for disposal of recyclable materials.

§ 115-27 Collectors of recyclable materials and yard waste.

§ 115-28 Standards and regulations for collection.

§ 115-29 Collection vehicles, equipment and personnel.

§ 115-30 Standards and regulations for recycling/disposal.

§ 115-31 General prohibited activities.

§ 115-32 Standards and regulations for storage, collection and processing of yard waste.

§ 115-33 Regulations.

§ 115-34 Reporting requirements.

§ 115-35 Inspection procedures.

§ 115-36 Insurance.

§ 115-37 Injunctive powers.

§ 115-38 Violations and penalties.

§ 115-39 Effective date.

[Adopted 10-27-1987 by Ord. No. 3-1987]

§ 115-1 Title.

This article shall be known as the "Scott Township Municipal Waste Management Ordinance."

§ 115-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
APPLICANT
A person applying for a license as a collector.
COLLECTOR
A person licensed by the Township to collect, transport and dispose of municipal waste.
DISPOSAL
Incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner that the municipal waste or a constituent of municipal waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DISPOSAL AREA
Any site, location, area, building, structure, transfer station or premises to be used for municipal waste disposal.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
GLASS CONTAINERS
All products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other material commonly known as "glass," excluding, however, blue and flat glass and glass commonly known as "window glass."
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service to persons, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities, except farm-produced manure, other agricultural waste and food processing waste used on land where such materials will improve the condition of the soil, the growth of crops or the restoration of the land for the same purposes, and any sludge not meeting the definition of residual or hazardous wastes as defined in Pennsylvania Act 97.[1]
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. Magazines and periodicals as well as all other paper products of any nature are not considered newspaper.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
RECYCLABLES
Material having an economic value in the secondary materials market. The following materials have such economic value: aluminum cans and articles, bimetal cans, glass containers, corrugated paper (cardboard and paper bags), magazines, computer printout paper, computer tab cards, office paper, steel cans, newspaper and paper products not chemically coated.
REFUSE
Garbage, rubbish and trade waste.
STORAGE
The containment of any 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 waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TOWNSHIP
Scott Township, Columbia County, Pennsylvania.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq., the Solid Waste Management Act.

§ 115-3 Prohibited dumping and storage.

A. 
It shall be unlawful for any person to store, dump, discard or deposit or permit the storage, dumping, discarding or depositing of any municipal waste upon the surface of the ground or underground within the jurisdictional limits of the Township except in proper containers for purposes of storage or collection and except where the waste is of such size or shape as not to permit its being placed in such containers.
B. 
It shall be unlawful for any person to dump or deposit municipal waste in any stream or body of water within the jurisdictional limits of the Township.

§ 115-4 Hauling of waste permitted.

Nothing contained herein shall be deemed to prohibit any person from hauling such municipal waste on an irregular and unscheduled basis to any facility permitted by the Commonwealth of Pennsylvania Department of Environmental Protection.

§ 115-5 Normal farm activities permitted.

Nothing contained in this article shall prohibit a farmer from carrying out the normal activities of his farming operation, including composting and spreading of manure or other farm-produced agricultural wastes.

§ 115-6 Unauthorized collection unlawful.

It shall be unlawful for any persons, except those duly authorized by the Township, to collect, transport and dispose of municipal waste of any nature within or from the Township.

§ 115-7 Authorization to collect own municipal waste.

Persons who collect, transport and dispose of their own municipal waste are hereby authorized to do so, provided that they comply with all relevant provisions of this article.

§ 115-8 License to collect municipal waste of others.

Authorization to collect, transport and dispose of municipal waste for persons other than oneself may be given only by the Township through the issuance of a municipal waste collection license (hereinafter called "license"). All applications for licensing shall be reviewed by the Township and shall be approved in accordance with the following criteria:
A. 
Licenses may be issued to only those persons who can provide satisfactory evidence that they are capable of providing the necessary services and can comply with the provisions and intent of this article.
B. 
Applicants for a license shall furnish the following information:
(1) 
The number of vehicles, the make, model, Pennsylvania license plate number and size of the vehicle to be used for collection and hauling.
(2) 
The location, address, hours of business and telephone number of the business office to receive calls from persons in the Township who receive collection service.
(3) 
A certificate of the applicant's worker's compensation insurance as required by law.
(4) 
A certificate of insurance coverage providing complete third-party comprehensive, bodily injury and property damage liability insurance, the limits of which shall not be less than $100,000/$300,000 for bodily injury and $50,000 for property damage.
(5) 
In addition to the above, all other information which the Township may request and deem necessary prior to the issuance of a license.
C. 
Licenses shall be issued on a calendar-year basis but may be revoked or rescinded by the Township in accordance with the following:
(1) 
The Township may revoke the license immediately in the event that the collector violates or fails to comply with any of the terms of this article.
(2) 
The Township may rescind the license should the Township decide to provide for the collection and disposal of municipal waste by some method other than the licensing procedure established by this article. Such rescission shall occur 90 days after the Township sends written notice thereof to the collector.
D. 
Conditions relating to licenses:
(1) 
A license shall be issued for only one year on a calendar-year basis. The annual fee for such license shall be set from time to time by resolution of the Board of Supervisors. The license fee is not refundable and shall not be prorated. The fee shall be submitted with the application for such license. Payment shall be made by check or money order only, payable to Scott Township.
[Amended 10-10-1995 by Ord. No. 1-1995]
(2) 
Signs shall be displayed on vehicles as described herein:
(a) 
The collector shall display the license number on each vehicle in a manner established by the Township in letters and numbers not less than two inches in height, clearly legible, as follows: "Scott Township License No. _____."
(b) 
The collector shall display on each side of the body of each vehicle, preferably on the doors, the name of the firm and the telephone number of the firm's office or headquarters in letters and numbers no less than three inches in height and clearly legible.
(c) 
Any vehicle used by the collector in the Township to collect, transport and dispose of municipal waste shall be marked in accordance with Subsections D(2)(a) and (b) above within 10 days after a license is issued.
(3) 
The collector shall maintain each vehicle used to collect, transport and dispose of municipal waste in the Township in good operating condition to assure that the schedule of collections can be maintained. The collector shall keep each vehicle clean and painted so as to present a favorable appearance.
(4) 
The Township shall have the right to inspect all vehicles prior to the issuance of a license and during the period that the license is in effect.
(5) 
The collector shall be responsible for the manner in which collector's employees perform work in connection with the collection, transportation and disposal of municipal waste under the terms of this article.
(6) 
The collector shall pay all costs to be charged for the use of the disposal system and facilities.
(7) 
The Township shall have the right to designate the disposal facilities that a collector shall use for the disposal of municipal waste collected within the Township.
(8) 
A license may not and shall not, in any manner whatsoever, be sold, assigned, leased, transferred, conveyed or otherwise disposed of by a collector.

§ 115-9 Storage may not create health and safety hazards.

The storage of all municipal waste shall be practiced so as to prevent the attraction, breeding or harborage of insects or rodents and to prevent conditions which may create potential hazards to the public health or which create fire and other safety hazards, odors, unsightliness or public nuisance.

§ 115-10 Storage in containers required.

Any person accumulating or storing garbage on private or public property in the Township for any purpose whatsoever, including waste being stored temporarily for door-to-door collection, shall place the same or cause the same to be placed in sanitary closed or covered containers in accordance with the following standards:
A. 
Containers used for the storage of municipal waste shall be of metal, plastic or fiberglass construction; rust- and corrosion-resistant; equipped with lids; waterproof and leakproof; and, except in the case of bulk containers, shall not exceed 20 gallons in capacity. Plastic trash bags, if not punctured, may be used to store municipal waste.
B. 
A sufficient number of containers shall be provided to contain all municipal waste materials generated during periods between regularly scheduled collections that are required to be placed in containers.

§ 115-11 Preparation for collection.

A. 
No person, except the occupants of the property on which a waste container is placed and an authorized collector, shall remove the lids of the container and/or remove the contents thereof.
B. 
Municipal waste of a highly flammable or explosive nature or highly infectious or contagious refuse shall not be stored for ordinary collection but shall be disposed of in accordance with the directions of the Township.

§ 115-12 Bulk containers.

To facilitate collection, bulk containers shall be placed, whenever possible, at ground level and at a point on the property being serviced by the collector that will enable clear and easy access to the container by the collector's vehicle.

§ 115-13 Disposal at licensed facility required.

All municipal waste produced, collected and transported from within the jurisdictional limits of the Township shall be promptly disposed of at facilities permitted by the Pennsylvania Department of Environmental Protection and in accordance with Scott Township's Municipal Solid Waste Management Plan.[1]
[1]
Editor's Note: Said plan is on file in the administrative offices of the Township.

§ 115-14 Disposal of bulky waste.

In addition to other disposal procedures permitted by this article, bulky wastes, such as but not limited to refrigerators, stoves, other appliances, pieces of furniture, auto parts and other such household goods and equipment, may be disposed of in the manner designated by the Township at any cleanup or collection fixed or set by the Township.

§ 115-15 Spillage.

Any person transporting municipal waste within the Township shall prevent and/or clean up and remove any spillage from vehicles or containers.

§ 115-16 Frequency of collection.

A. 
Municipal waste to be collected by a collector shall be collected at least once each week.
B. 
Any persons who dispose of their own municipal waste shall collect the same at intervals short enough to prevent accumulations of refuse that may be unsafe, unsightly or potentially harmful to the public health.

§ 115-17 Agreements and charges for collection.

All agreements and charges for collection, transportation and disposition of municipal waste shall be by private contract between the person and the collector.

§ 115-18 Recycling regulations.

The municipality may establish and revise from time to time regulations for the placing of recyclables for collection.

§ 115-19 Property of recyclables.

From the time of placement of recyclables by anyone for collection in accordance with the terms hereof, items shall be and become the property of the party designated by the municipality or its agents. It shall be a violation of this article for any unauthorized person to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more residences shall constitute separate and distinct offenses punishable as hereinafter provided.

§ 115-20 Violations and penalties.

[Amended 10-10-1995 by Ord. No. 1-1995]
Any person violating any of the provisions of this article shall be guilty of a summary offense and shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 plus costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days. Every violator of the provisions of this article shall be deemed guilty of a separate offense for each and every day such violation shall continue and shall be subject to the penalty imposed by this section for each and every such separate offense.

§ 115-21 Effect of other legislation.

This article shall be subject to all applicable federal and state laws, rules and regulations, including the rules and regulations as set forth by the Pennsylvania Department of Environmental Protection.

§ 115-22 Authority of Board to establish and revise regulations.

The Supervisors may establish and revise regulations governing any matters covered by this article.
[Adopted 9-10-2013 by Ord. No. 9-10-B]

§ 115-23 Short title.

This article shall be known and may be cited as the "Recycling Ordinance of Scott Township."

§ 115-24 Declaration of policy.

It is hereby declared to be the purpose of this article to coordinate and regulate recycling and disposal of recyclable material as herein defined in order to protect the public safety, health and welfare of the people of Scott Township, hereinafter also referred to as the "municipality."

§ 115-25 Definitions.

For the purpose of this article, the following words and phrases shall have the meaning given herein.
ALUMINUM CANS
Cans comprised of 100% aluminum.
AUTHORIZED COLLECTOR
A person, individual, partnership or corporation or employer or agent thereof authorized by Scott Township to collect solid waste including items to be recycled from residential, commercial, and institutional properties, as herein defined under the terms and conditions of this article. All authorized collectors within the Township shall collect both solid waste and recyclable materials from each property serviced. In the event of municipal collection, this definition shall include the governing body and employees thereof.
[Amended 6-10-2014 by Ord. No. 6-10-14C]
BIMETALLIC CANS
Empty food or beverage containers consisting of both steel and aluminum.
BOARD OF SUPERVISORS
The Scott Township Board of Supervisors, the governing body of Scott Township, Columbia County, Pennsylvania.
COMMERCIAL PROPERTIES
All properties used for industrial or commercial purposes. The definition shall not include multifamily residential buildings or that portion of a mixed-use building that is used for single-family residential purposes.
COMMINGLING
The mixing of recyclable materials (e.g., glass and metal), which will later be separated by the recycling facility.
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by a municipality, or conducted within the municipality and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
GATED COMMUNITY
A collection of individual properties created by the process of the subdivision of one or more parent tracts that are primarily serviced by private roads and where the property owners, usually through a property owners' association, jointly pay for the upkeep and servicing of amenities. For purposes of this article, the collection of solid waste shall be considered an amenity. A physical gate is not necessary for a community to be considered a gated community for purposes of this article.
GLASS CONTAINERS
All empty food and beverage jars or bottles made from silica or sand, soda ash, and limestone, the product being transparent or translucent (either clear, green or brown); excluding, however, flat glass, plate glass, glass commonly known as "window glass," automotive glass and ceramic and porcelain products.
METAL CONTAINERS
Includes but shall not be limited to aluminum cans, bimetallic cans, and steel cans.
PLASTIC CONTAINERS
Empty plastic food and beverage containers not to exceed five gallons, the specific types of which may, from time to time, be designated by resolution of the Township Supervisors.
RECYCLABLE MATERIALS
Those materials specified by the municipality in § 115-26B of this article and those specified by the individual collector for separate collection in accordance with recycling regulations.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than as fuel for the operation of energy.
RECYCLING FACILITY
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource-recovery facilities.
RESIDENTIAL PROPERTY
Properties used as dwellings, including buildings having up to four dwelling units in one building.
YARD WASTE
Leaves, garden residues, shrubbery, tree trimmings and similar material. The term shall not include grass clippings.

§ 115-26 Standards and regulations for disposal of recyclable materials.

A. 
Policy. While the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988[1] requires that a municipality designate specific materials that must be recycled, it shall be the policy of Scott Township to encourage residents to recycle all materials that can be recycled in a cost-effective manner. Authorized collectors are encouraged to collect for recycling as many types of materials as possible.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B. 
Mandatory materials to be recycled shall include the following:
(1) 
Newspapers.
(2) 
Glass containers.
(3) 
Plastic containers.
(4) 
Metal containers.
C. 
General requirements.
(1) 
All authorized collectors within the Township shall collect both solid waste and recyclable materials from each property serviced.
[Amended 6-10-2014 by Ord. No. 6-10-14C]
(2) 
Solid waste, including recyclable materials, must be removed from the property by an authorized collector, excepting that the property owners/tenants may transport materials not collected by the recycling collector servicing their property to a recycling facility that has been approved for such purpose by the Township, county or state government, provided the property owners/tenants first obtain written permission from the Township.
(3) 
All materials intended to be recycled must be stored indoors or in covered verminproof containers.
(4) 
If curbside collection of recyclables is provided, all recyclable material shall be placed in containers provided by or approved by the authorized collector.
(5) 
Prior to being taken to a recycling facility or being placed out for curbside collection, all recyclable material must be cleaned of food waste or other material that may attract vermin. The material to be recycled must be free of other contaminants (e.g., lids must be off jars) that would prohibit the material from being properly recycled.
(6) 
Unless the recycling facility or authorized collector permits commingling, all recyclable material must be sorted and segregated by the material type. It shall be unlawful to dispose of one type of recyclable material in a bin or collection unit intended for another type of recyclable material (e.g., disposing of steel in a collection unit intended for glass).
(7) 
No solid waste, other than those materials which the facility or collector specifically recycles, may be disposed of at a recycling facility.
(8) 
All recyclable material disposed of at a recycling facility must be placed in the authorized containers. It shall be unlawful to leave recyclable materials on top of, alongside of, or near recycling containers, or outside of a recycling facility building.
D. 
Residential collection. In addition to the general requirements, the following shall apply specifically to residential properties:
(1) 
All residential properties must be serviced by an authorized collector to remove recyclable materials.
(2) 
All recyclable materials must be collected at least once per month. Weekly collection is to be encouraged.
(3) 
All recyclable materials must be placed curbside or at a location otherwise specified by the authorized collector.
(4) 
All recyclable materials must be placed in a container provided by or approved by the authorized collector.
E. 
Gated communities/apartment complex collection. In addition to the general requirements, the following shall apply specifically to gated communities and apartment complexes utilizing centralized garbage collection.
(1) 
Communities and apartment complexes not employing door-to door garbage pickup may use the centralized collection of recyclable materials, subject to the approval of the Board of Supervisors.
(2) 
The recycling bins must be placed in the area in which the garbage collection bins are located.
(3) 
The community/apartment complex must recycle materials designated in § 115-26B of this article.
(4) 
All recycling must be removed from the property and taken to an approved facility by an authorized collector at least once per month.
(5) 
The community/apartment complex shall ensure that all materials are placed in the appropriate bins and that the area of the recycling bins does not become a dumping ground for refuse and other debris.
F. 
Commercial/organizations/institutions/community activities. In addition to the general requirements, the following shall apply specifically to properties not used for residential purposes.
(1) 
All commercial, industrial and properties owned by public and private organizations, other than gated communities and apartment complexes as addressed above, and community activities, as defined herein, shall be required to recycle the materials identified in § 115-26B. In addition to the materials designated by the municipality in § 115-26B of this article, commercial properties must also recycle cardboard, office paper, and aluminum cans. The recycling of additional materials is to be encouraged.
(2) 
All material to be recycled must be removed by an authorized collector. For purposes of this section, the property owner may utilize "in house" collectors, provided that the collector is registered with the municipality and otherwise complies with the article.
(3) 
With approval by the Board of Supervisors, mixed-use properties (those that are used for both residential and commercial purposes) may address the recycling of solid waste for the residentially used portion of the property as residential or as a gated community/apartment complex, as determined appropriate by the Board of Supervisors.

§ 115-27 Collectors of recyclable materials and yard waste.

A. 
It shall be unlawful for any person, individual, partnership or corporation or employer or agent to collect items to be recycled from residential, commercial and institutional properties, as herein defined, in violation of any part of this article.
B. 
All parties desiring to collect materials to be recycled as an authorized collector must register annually with the Township under procedures established by the Board of Supervisors. There will be no fee for registration. Failure to register shall be a violation of this article.
C. 
Authorized collectors shall be required to provide quarterly reports to the Township documenting the materials that they collect for recycling, the amount of materials collected, the location in which the material was disposed, and any other information deemed necessary by the Board of Supervisors. Failing to report shall be a violation of this article. Quarterly reports required by this section shall be sent to: Scott Township Recycling Coordinator, 350 Tenny Street, Bloomsburg, PA 17815.
D. 
Authorized collectors shall notify the Township upon the termination of recycling services to a customer in order for the Township to ensure that service is being continued by another authorized collectors.
E. 
Authorized collectors shall, upon request by the Township, confirm whether a resident has contracted with the collector to collect their materials to be recycled.

§ 115-28 Standards and regulations for collection.

A. 
All residential properties shall use authorized collectors unless they receive approval from the Board of Supervisors for alternative arrangements consistent with this article.
B. 
The authorized collector shall provide service to all who desire service and have paid the required fees.
C. 
Collection requirements. Recyclable materials, when collected by an authorized collector for transportation to a recycling facility, shall be collected at least once a month.
D. 
The authorized collector shall establish and record a regular collection schedule. If a collection day falls on a holiday, the collector shall notify all customers of when collection will be made.
E. 
All collection and transportation vehicles shall be constructed of metal or other impervious materials, able to be enclosed or fitted with a cover, which will be used to prevent spillage of the contents. All waste materials dropped on streets or roads shall be immediately picked up.
F. 
All vehicles shall be cleaned at sufficient frequency to prevent nuisance or insect breeding.
G. 
Place of collection.
(1) 
Recycling containers shall, for the purpose of collection, be placed at the curb or street line, at ground level, and be made readily accessible to the authorized collector.
(2) 
Notwithstanding provisions of this article, residential property owners, commercial establishments or other persons may, by mutual agreement with the collectors, be permitted to place containers at a location on their property other than as specified in Subsection G(1).
(3) 
Collections shall be made from all properties throughout Scott Township. This shall include all streets, dedicated or otherwise, and shall include those streets that are temporarily closed for repairs or construction. In the latter case, special collection points shall be designated by the Board of Supervisors if the condition of the street would prevent access thereto by the collector's truck.
(4) 
Collection of yard waste by authorized collectors shall be made at the curb or street line at ground level and be made readily accessible to the collector. The collector may require that the materials be raked loose to the curb.
H. 
Frequency of collections.
(1) 
Holidays. Solid waste collection shall not be made on the following holidays: January 1, New Year's Day; last Monday of May, Memorial Day; July 4, Independence Day; first Monday of September, Labor Day; fourth Thursday of November, Thanksgiving Day; and December 25, Christmas Day.
(2) 
Authorized collectors of material to be recycled must collect such materials at least once per month.

§ 115-29 Collection vehicles, equipment and personnel.

A. 
All vehicles used for collection of recyclable materials to be recycled shall be equipped with compacting devices or enclosed cargo space to store the collected material.
B. 
Trucks shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the laws of the Commonwealth of Pennsylvania, the County of Columbia and Scott Township.
C. 
Vehicles and equipment shall not be overloaded so that recyclable materials may spill or drop on the highways or streets, nor shall the equipment be so designed or maintained so as to permit the leakage of fluids. All trucks shall be regularly cleaned and kept in proper condition and shall bear the name and address of the contractor plainly visible on both cab doors.
D. 
Each truck shall have at least one broom and shovel to clean up recyclable materials that may be spilled or otherwise scattered during the process of collection.
E. 
The authorized collector, at his expense, shall store and park the equipment at a convenient and lawful place. No trucks or equipment may be parked or stored on any street within Scott Township except during actual collection periods.

§ 115-30 Standards and regulations for recycling/disposal.

A. 
It shall be unlawful for any collector to dump, process, destroy, bury or otherwise dispose of recyclable materials within the jurisdictional limits of the municipality except at facilities approved and permitted by Scott Township, the County of Columbia and the Pennsylvania Department of Environmental Protection.
B. 
All authorized collectors shall dispose of the materials to be recycled from Scott Township at a facility approved and permitted by the Pennsylvania Department of Environmental Protection.
C. 
All disposal regulations at the designated disposal site shall be adhered to by the authorized collector(s).
D. 
All vehicles used for collection shall use, insofar as practical, state highways when proceeding to and from the designated disposal site, except when using roads and streets in those townships or boroughs where licensed to collect.

§ 115-31 General prohibited activities.

A. 
It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited, any recyclable materials in or upon any street, alley, sidewalk, body of water, public or private property except as provided in this article.
B. 
It shall be unlawful to deposit any recyclable materials in any recycling facility except as provided for in this article.
C. 
No authorized collector shall accept, pick up or remove any bag or other container of solid waste which the authorized collector knows or has reason to believe contains recyclable materials. Upon discovery of such recyclable materials combined with solid waste placed at curbside or otherwise placed for pickup, the hauler shall affix a tag or sticker to the container containing the recyclable material, retain a duplicate for its records and deliver a triplicate to the Scott Township Municipal Building within 48 hours. When an authorized collector utilizes a tag or sticker pursuant to this section, he shall fill in the information requested thereon, including the address at which the container is located and the nature of the suspected violation or the reason which led him to know or believe the container contained recyclable materials.

§ 115-32 Standards and regulations for storage, collection and processing of yard waste.

A. 
Policy. It is the policy of Scott Township that, whenever possible, yard waste is to be recycled back to nature in an environmentally and sustainable manner. To facilitate this goal, property owners are encouraged to consider the processing of leaves and other yard waste in the following manner, listed in the order of preference:
(1) 
Allowing yard waste to decompose in place.
(2) 
On-site composting.
(3) 
Off-site composting.
B. 
Decomposition of yard waste on site may be employed by allowing leaves, twigs, grass clippings, etc., to decompose where they lie. Garden waste may be tilled into the garden. Where yard waste must be removed (for example, lawn areas) the material may be blown, raked or otherwise deposited on more appropriate portions of the property (such as a wooded area) for natural decomposition. Yard waste may not be relocated to any area within 50 feet of a lake, stream or other body of water.
C. 
Yard waste not allowed to decompose naturally may be disposed of by on-site composting (compost pile). Compost piles must remain 50 feet from any lake, stream or body of water and may not be allowed to become a nuisance by way of odor or as an attraction to vermin.
D. 
Yard waste may be removed from the property by the property owner or a registered collector for off-site composting at an approved commercial or publicly owned facility that is approved to collect such waste. The Board of Supervisors will solicit private firms to collect yard waste and shall make the names and contact information of said firms available to the public. Property owners disposing of yard waste through an authorized collector shall place the yard waste curbside unless other arrangements have been made individually with the collector.
E. 
Gated communities/apartment complexes, with approval by the Board of Supervisors, may provide for a central collection point or establish an on-site composting facility. Otherwise, gated communities/apartment complexes shall implement curbside pickup of yard waste within their community or complex and arrange for disposal at an off-site composting facility.
F. 
This section shall apply to all properties including those used for residential, commercial, industrial or organizational purposes, and properties used for community activities as defined by this article.

§ 115-33 Regulations.

The collection of recyclable materials in Scott Township and the disposal thereof shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the Board of Supervisors; provided, however, that no such rules and regulations shall be contrary to the provisions of this article or applicable law.

§ 115-34 Reporting requirements.

This article hereby incorporates the reporting requirements of the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 by reference thereto.

§ 115-35 Inspection procedures.

A. 
All containers, vehicles, equipment, transfer stations, disposal sites, books and records of authorized, unauthorized or prospective collectors, storers, processors and disposers are subject to inspection at any reasonable hour without prior notice.
B. 
Vehicles and equipment of authorized collectors may be subject to inspection by the municipality before being put into operation and during operation.
C. 
All recyclable disposal facilities within Scott Township shall also be inspected immediately prior to commencement of operation of the site and at least once per year thereafter in concert with representatives of the commonwealth.

§ 115-36 Insurance.

Prior to the operation of any solid waste storage, transfer, processing or disposal facility within Scott Township, the applicant shall be required to present evidence of insurance coverage.

§ 115-37 Injunctive powers.

Scott Township may petition the Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.

§ 115-38 Violations and penalties.

A. 
Any person, firm, corporation or other entity violating any of the provisions of this article shall, upon conviction, be guilty of a summary offense and be sentenced to pay a fine of not less than $100 nor more than $1,000 per day for each day of violation. In default of payment of the fine, such persons or members of firms or corporations shall be liable to imprisonment for not more than 60 days.
B. 
The governing body shall have the right, at any time, to suspend or revoke the registration of any authorized collector for any of the following:
(1) 
False or misleading statements in the application for registration;
(2) 
Collecting or transporting refuse in a careless or negligent manner resulting in dirt, odor or any unsanitary condition;
(3) 
Failure to deposit solid waste other than yard waste at a Department of Environmental Protection-approved disposal site in compliance with all disposal regulations in force at the approved site; and
(4) 
A violation of any part of this article or any of the ordinances of the municipality or any state or county laws.

§ 115-39 Effective date.

This article shall take effect January 1, 2014.