[Ord. 91-3, 2/12/1991, § 1; as amended by Ord. No.
3-2019, 3/14/2019]
This Part shall be titled "The Canton Township Recycling Ordinance
of 2019."
[Ord. 91-3, 2/12/1991, § II; as amended by Ord. 2-2002, 5/15/2002; and by Ord.
No. 3-2019, 3/14/2019]
As used in this Part, the following terms shall have the meanings
indicated:
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
Not exposed to foreign substances or conditions rendering
them unusable for recycling.
The entity or entities authorized by the Township to collect
recyclable materials from residents, or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Township to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes, and those multiple-dwelling residential buildings containing
more than four dwelling units.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin coated food or beverage containers.
Expressly excluded, from the recycling program of Canton
Township, are bottles and jars made of clear, green or brown glass,
noncontainer glass, late glass, automotive glass, light bulbs, blue
glass and porcelain and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by the Township and other governmental
and quasigovernmental authorities.
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semisolid or contained gaseous material,
resulting from operation of residential, municipal, commercial or
institutional establishments and from community activities and any
sludge not meeting the definition of residual or hazardous waste in
the Solid Waste Management Act[1] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plan or air pollution control
facility. The term does not include source-separated recyclable materials.
Canton Township.
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. Expressly excluded
are newspapers which have been soiled, color comics, glossy advertising
inserts and advertising inserts printed in colors other than black
and white often included with newspapers.
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the Township may stipulate specific
types of plastic which may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Township
and can be separated from municipal waste and returned to commerce
to be reused as a resource in the development of useful products.
Recyclable materials may include, but are not necessarily limited
to, aluminum, steel and bimetallic cans, high grade office paper,
newsprint, corrugated paper, leaf waste, plastic and any other items
selected by the Township or specified in future revisions to Act 101.
The recyclable materials selected by the Township may be revised from
time to time as deemed necessary by the Township.
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 composition) and creation and recovery of reusable materials.
Any occupied single or multifamily dwellings having up to
four dwelling units per structure for which the Township provides
municipal waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[Ord. 91-3, 2/12/1991, § III; as amended by Ord. 2-2002, 5/15/2002, § 1; and by Ord. No. 3-2019, 3/14/2019]
1.
Canton Township hereby amends a recycling program for the mandatory
separation and collection of recyclable materials and the separation,
collection and composting of leaf waste from all residences and all
commercial, municipal and institutional establishments located in
the Township for which waste collection is provided by the Township
or any other collector. Collection of the recyclable materials shall
be made at least once per month by the Township, its designated agent
or any other solid waste collectors operating in the Township and
authorized to collect recyclable materials from residents or from
commercial, municipal and institutional establishments. The recycling
program shall also contain a sustained public information and education
program.
2.
Specific program regulations are provided as an attachment to this
Part. The Board of Supervisors are empowered to make changes to program
regulations as necessary, as described in § 20-210. Subsequent
changes in the program regulations may be made through the Board of
Supervisors and public notice and notification of all affected parties.
3.
This Part is ordained pursuant to the Second Class Township Code.
[Ord. 91-3, 2/12/1991, § IV; as amended by Ord. No.
3-2019, 3/14/2019]
1.
All persons who are residents of Canton Township shall separate all
of those recyclable materials designated by the Township from all
other municipal waste produced at their homes, apartments and other
residential establishments, store such materials for collection, and
shall place same for collection in accordance with the guidelines
established hereunder. This recycling effort does not include glass
containers and other glass materials.
A.
Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in containers
provided by the Township for collection. Any containers provided to
residences for collection of recyclable materials shall be the property
of the Township and shall be used only for the collection of recyclable
materials. Any resident who moves within or from the Township shall
be responsible for returning the allocated container(s) to the Township
or shall pay the replacement cost of said container(s). Use of recycling
containers for any purpose other than the designated recycling program
or use of the recycling containers by any person other than the person
allocated such container(s) shall be a violation of this Part.
B.
An owner, landlord or agent of an owner or landlord of a multifamily
rental housing property with more than four units may comply with
its recycling responsibilities by establishing a collection system
at each property. The collection system must include suitable containers
for collecting and sorting the recyclable materials, easily accessible
locations for the containers and written instructions to the occupants
concerning the use and availability of the collection system. Owners,
landlords and agents of owners or landlords who comply with this Part
shall not be liable for noncompliance of occupants of their buildings.
C.
If recyclable materials are collected by a collector other than the
Township or its authorized agent, owners, landlords and agents of
owners or landlords shall submit an annual report to the Township
reporting the tonnage of materials recycled during the previous year.
2.
All persons must separate leaf waste from other municipal waste generated
at their houses, apartments and other residential establishments for
collection unless those persons have otherwise provided for composting
of leaf waste.
3.
Persons must separate high grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the Township generated at commercial, municipal and institutional
establishments and from community activities and store the recyclable
materials until collection. A person may be exempted from this subsection
if this person submits documentation to the Township annually indicating
that the designated recyclable materials are being recycled in an
appropriate manner.
4.
If recyclable materials are collected by a collector other than the
Township or its authorized agent, occupants of said establishments
shall submit an annual report to the Township reporting the tonnage
of materials recycled during the previous year.
[Ord. 91-3, 2/12/1991, § V; as amended by Ord. No.
3-2019, 3/14/2019]
All recyclable materials placed by the persons for collection by the Township or authorized collector pursuant to this Part shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by § 20-108 of this Part. Nothing in this Part shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection. Any rebate paid by the hauler of recyclable materials is the property of the Township and shall be deposited in the Township general fund to be used at the discretion of the Supervisors.
[Ord. 91-3, 2/12/1991, § VI; as amended by Ord. No.
3-2019, 3/14/2019]
It shall be a violation of this Part for any person, firm or
corporation other than the Township or one authorized by the Board
of Supervisors or other entity responsible for providing of collection
of recyclable materials, to collect recyclable materials, to collect
recyclable materials placed by residences or commercial, municipal
and institutional establishments for collection by the Township or
an authorized collection, unless each person, firm or corporation
has prior written permission from the generator to make such collection.
In violation hereof, unauthorized collection from one or more residences
or commercial, municipal and institutional establishments as one calendar
day shall constitute a separate and distinct offense punishable as
hereinafter provided.
[Ord. 91-3, 2/12/1991, § VII; as amended by Ord. No.
3-2019, 3/14/2019]
Any residence or commercial, municipal or institutional establishment
may donate or sell recyclable materials to any person, firm or corporation,
whether operating for profit or not, provided that the receiving person,
firm or corporation shall not collect such donated recyclable materials
from the collection point of a residence or commercial, municipal
or institutional establishment without prior written permission from
the Board of Supervisors or other entity responsible for authorizing
collection of recyclable materials to make such a collection.
[Ord. 91-3, 2/12/1991, § VIII; as amended by Ord. No.
3-2019, 3/14/2019]
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this Part. The collected recyclable materials
shall be taken to a recycling facility. Disposal by collectors or
operators of recycling facilities of source separated recyclable materials
in landfills or to be burned in incinerators is prohibited unless
markets do not exist and the collectors or operators have notified
the Board of Supervisors in writing.
[Ord. 91-3, 2/12/1991, § IX; as amended by Ord. 2-2002, 5/15/2002, § 1; by Ord. No. 1-2019, 1/10/2019; and by Ord. No. 3-2019, 3/14/2019]
1.
The Board of Supervisors is hereby authorized and directed to make
reasonable rules and regulations for the operation and enforcement
of this Part as deemed necessary including, but not limited to:
A.
Establishing recyclable materials to be separated for collection
and recycling by residents, and additional recycling materials to
be separated by commercial, municipal and institutional establishments.
B.
Establishing collection procedures for recyclable materials.
C.
Establishing reporting procedures for amounts of materials recycled.
D.
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
E.
Establishing procedures and rules for the collection of leaf waste.
2.
Any person, firm or corporation who shall violate the provisions
of this Part shall receive an official written warning of noncompliance
for the first and second offense. Thereafter all such violations shall
be subject to the penalties hereinafter provided.
3.
Except as hereinafter provided, any person, firm or corporation who
shall violate any provision of this Part, 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 more
than $1,000 plus costs and, in default of payment of said fine and
cost, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this Part continues or each section of this Part which
shall be found to have been violated shall constitute a separate offense.
4.
The Township reserves the right not to collect municipal waste containing
recyclable materials in combination with nonrecyclable materials.
[Ord. 91-3, 2/12/1991, § X; as amended by Ord. No.
3-2019, 3/14/2019]
The Township may enter into (an) agreement(s) with public or
private agencies or firms to authorize them to collect all or part
of the recycling materials from curbside.
[Ord. 91-3, 2/12/1991, § XII; as amended by Ord. No.
3-2019, 3/14/2019]
The Township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 20-109.
[Added by Ord. No. 3-2019, 3/14/2019]
In the event that any provision, section, sentence or portion
of this Part shall be held invalid, such invalidity shall not effect
or impair any of the remaining provisions of this Part, as the provisions
are severable and would have been enacted had not such invalid provisions
been included herein. All ordinances or part of ordinances, which
are inconsistent herewith, are hereby repealed.
[Ord. 91-4, 2/12/1991, § I]
This Part shall be known and referred to as the "Municipal Solid
Waste Ordinance."
[Ord. 91-4, 2/12/1991, § II; as amended by Ord.
2-2002, 5/15/2002, § 1]
1.
ACT 97
ACT 101
BULKY WASTE
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
CONTAINER
COUNTY
DEPARTMENT or DEP
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPALITY or TOWNSHIP
PERSON
RUBBISH
SALVAGING
SCAVENGING
SOLID WASTE
STORAGE
TRANSPORTATION
The following words and phrases as used in this Part shall have the
meaning ascribed herein, unless the context clearly indicates a different
meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 101).
Large items of solid waste including, but not limited to,
appliances, furniture, large auto parts, trees, branches or stumps
which may require special handling due to size, shape or weight.
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste.
Any establishment engaged in nonmanufacturing or nonprocessing
business including but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
A portable device in which waste is held temporarily for
storage or transportation.
The County of Washington or the Washington County Board of
Commissioners.
The Pennsylvania Department of Environmental Protection (DEP).
The disposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste enters the environment, is emitted into the air or
is discharged to the waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases or vectors.
Any establishment engaged in manufacturing or processing
including but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service including but not limited
to, hospitals, nursing homes, orphanages, schools and universities.
Any municipal waste collector or hauler possessing a current,
valid municipal license issued by Canton Township pursuant to this
Part.
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities;
and any sludge not meeting the definition of residual or hazardous
waste under Act 97 from a municipal, commercial or institutional waste
supply treatment plant, wastewater treatment plant or air pollution
control facility. The term does not include source-separated recyclable
materials.
Canton Township, Washington County, Pennsylvania.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency or any other legal entity which
is recognized by law as the subject of rights and duties. In any provisions
of this Part prescribing a fine, imprisonment or penalty, or any combination
of the foregoing, the term person shall include the officers and directors
of any corporation or any other legal entity having officers and directors.
All non-putrescible municipal waste except garbage and other
decomposable matter. This category includes but is not limited to
ashes, bedding, cardboard, cans, crockery, glass, paper, wood and
yard cleanings.
The controlled removal or recycling of material from a solid
waste processing or disposal facility.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any waste including but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
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 shall
constitute disposal. This presumption can be overcome by clear and
convincing evidence to the contrary.
The off-site removal of any solid waste at any time after
generation.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 91-4, 2/12/1991, § III]
1.
It shall be unlawful for any person to accumulate or permit to accumulate
on any public or private property within the Township, any garbage,
rubbish, bulky waste or any other municipal or residual waste except
in accordance with all applicable Department rules and regulations
adopted pursuant to Act 97 and Act 101.
2.
It shall be unlawful for any person to burn any solid waste within
the Township except in accordance with all applicable Department rules
and regulations adopted pursuant to Act 97 and Act 101.
3.
It shall be unlawful for any person to process and/or dispose any
solid waste in the Township except in accordance with all applicable
Department rules and regulations adopted pursuant to Act 97 and Act
101.
4.
It shall be unlawful for any person to collect, haul, transport or
remove any solid waste from public or private property within the
Township without a current, valid license to do so issued by Canton
Township.
5.
It shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the Township without prior written approval from the Township.
6.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the Township except at an approved and permitted resource
recovery facility under any applicable Department rules and regulations
adopted pursuant to Act 97 and Act 101.
[Ord. 91-4, 2/12/1991, § IV]
1.
The storage of all solid waste shall be practiced so as to prevent
the attraction, harborage or breeding of insects or rodents and to
eliminate conditions harmful to public health or which create safety
hazards, odors, unsightliness or public nuisances.
2.
Any person producing municipal waste shall provide a sufficient number
of approved containers to store all waste materials generated during
periods between regularly scheduled collections and shall place and
store all waste materials therein.
3.
Any person storing municipal waste for collection shall comply with
the minimum standards for the storage of municipal waste set forth
in the department's Title 25, Chapter 285, Subchapter A, Regulations
for the Storage of Municipal Waste.
[Ord. 91-4, 2/12/1991, § V; as amended by Ord.
2-2002, 5/15/2002, § 1]
1.
All households, homeowners, commercial, industrial and institutional
establishments within the Township shall utilize the services of a
licensed collector for disposal of their domestic waste or household
waste.
2.
All licensed collectors and waste haulers shall comply with the minimum
standards for collection and transportation of municipal waste set
forth in the department's Title 25, Chapter 285, Subchapter B,
Regulations for Collection and Transportation of Municipal Waste.
3.
All municipal waste collected within the Township shall only be conveyed
or transported to a transfer station, processing facility and/or disposal
site permitted by the Department of Environmental Protection and/or
other regulatory agencies pursuant to the approved Municipal Waste
Management Plan for Washington County.
[1]
Editor’s Note: Former § 20-206, Licensing Requirements,
adopted 2/12/1991 by Ord. No. 91-4, as amended, was repealed at time
of adoption of Code.
[Ord. 91-4, 2/12/1991, § VII]
The Township may petition the Court of Common Pleas, Washington
County, for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this Part.
[Ord. 91-4, 2/12/1991, § VIII; as amended by Ord.
2-2002, 5/15/2002, § 1; amended at time of adoption of Code]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial 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 more than $1,000 plus costs
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 continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
