Township of Stowe, PA Chapter 567 Solid Waste

[HISTORY: Adopted by the Board of Commissioners of the Township of Stowe as indicated in article histories. Amendments noted where applicable.]

Article I Collection and Disposal

[Adopted 7-12-1988 by Ord. No. 714 (Ch. 20, Part 1, of the 1993 Code of Ordinances)]

§ 567-1 Short title.

This article shall be known and referred to as the "Solid Waste Ordinance."

§ 567-2 Definitions and word use.

A. The following words and phrases as used in this article shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:

ACT or ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]

AGRICULTURAL WASTE

Poultry and livestock manure, or residual materials in liquid or solid form, generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, provided such waste is not a hazardous waste. The term includes the residual materials generated in the producing, harvesting, and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests, or other agricultural lands.

BULKY WASTE

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 their size, shape, or weight.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.

CONSTRUCTION AND DEMOLITION WASTE

All municipal and residual waste, building materials, grubbing waste, and rubble resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings and other structures and pavements.

DEPARTMENT

The Pennsylvania Department of Environmental Protection.

DISPOSAL

The incineration, deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.

DOMESTIC WASTE or HOUSEHOLD WASTE

Solid waste, comprised of garbage and rubbish, which normally originates in a residential, private household or apartment house.

GARBAGE

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.

HAULER or PRIVATE COLLECTOR

Any person, firm, copartnership, association or corporation who has been licensed by the Township or its designated representative to collect, transport, and dispose of refuse for a fee as herein prescribed.

HAZARDOUS WASTE

Any solid waste or combination of solid wastes, as defined in the Act, which because of its quantity, concentration or physical, chemical, or infectious characteristics may:

(1) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or

(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.

INSTITUTIONAL ESTABLISHMENT

Any establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.

MUNICIPALITY

The Township of Stowe, Allegheny County, Pennsylvania.

MUNICIPAL WASTE

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 water supply treatment plant, wastewater treatment plant, or air pollution control facility.

PERSON

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 article 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 other legal entity having officers and directors.

PROCESSING

Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, and resource recovery facilities.

REFUSE

All solid waste materials which are discarded as useless.

RESIDUAL WASTE

Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the "Coal Refuse Disposal Control Act."[2] Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to "The Clean Streams Law."[3]

RUBBISH

All nonputrescible 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.

SCAVENGING

The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.

SEWAGE TREATMENT RESIDUES

Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.

SOLID WASTE

Any waste, including, but not limited to, municipal, residual or hazardous wastes including solid, liquid, semisolid or contained gaseous material.

STORAGE

The containment of any waste on the 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.

TRANSFER STATION

Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.

TRANSPORTATION

The off-site removal of any solid waste at any time after generation.

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See 52 P.S. § 30.51 et seq.

[3] Editor's Note: See 35 P.S. § 691.1 et seq.

B. In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 567-3 Prohibited activities.

A. It shall be unlawful for any person to accumulate or permit to accumulate, upon any public or private property within the Township, any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

B. It shall be unlawful for any person to burn any solid waste within the Township except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

C. It shall be unlawful for any person to dispose of any solid waste in the Township except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

D. It shall be unlawful for any person to haul, transport, collect, or remove any solid waste from public or private property within the Township without first securing a license to do so in accordance with the provisions of this article.

E. 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 approval by the Township.

F. 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 Act 97 and any Department rules and regulation adopted pursuant to Act 97.

G. It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited, any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the Township except as provided in this article.

§ 567-4 Standards for storage of solid waste.

A. 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.

B. 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.

C. Any person storing municipal waste for collection shall comply with the following preparation standards:

(1) All municipal waste shall be drained of free liquids before being placed in storage containers.

(2) All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.

(3) All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.

(4) Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall not be more than four feet in length, not more than two feet in diameter and not more than 40 pounds in weight.

(5) Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.

(6) When specified by the Township or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.

D. All municipal waste shall be stored in containers approved by the Township or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:

(1) Reusable containers shall be constructed of durable, watertight, rust- and corrosion-resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insect-proof, and rodent-proof.

(2) Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.

(3) Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons, and a loaded weight of not more than 40 pounds.

(4) Acceptable containers for individual residences: Metal and plastic containers having a capacity of not less than 20 gallons nor more than 40 gallons and a loaded weight of not more than 40 pounds are the only acceptable containers for individual residences. Residents shall have a period of 90 days from the effective date of this article to procure acceptable containers. Landlord's responsibility to supply acceptable containers or approved dumpsters for the pickup of individual resident's refuse. Failure of a resident or responsible landlord to secure acceptable containers after the expiration of the ninety-day period shall result in an imposition of a fine in the amount of $50 nor more than $600.

[Amended 7-14-2015 by Ord. No. 985]

(5) All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.

E. Any person storing municipal waste for collection shall comply with the following storage standards:

(1) Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.

(2) Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.

(3) Containers shall be used and maintained so as to prevent public nuisances.

(4) Containers that do not conform to the standards of this article or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the Township or its designated representative.

(5) Containers shall be placed by the owner or customer at a collection point specified by the Township or its designated representative.

(6) With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.

(7) Bulk waste items, such as furniture, automobile parts, machinery, appliances, and tires, shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.

F. The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and waste hauler and are subject to approval by the Township.

G. Construction and demolition waste may be stored no longer than 14 days, and only in an enclosed container with a lid or cover as provided herein. The above "WHEREAS" clauses are incorporated into this section.[1]

[Added 4-13-2004 by Ord. No. 874]

[1] Editor's Note: Said whereas clauses read as follows:

"WHEREAS, the Commissioners of the Township of Stowe has experienced an abuse in connection with the disposal of demolition and construction waste and debris, and the use of containers [dumpsters] in the Township, and

WHEREAS, abuses have consisted of allowing the same to remain for unreasonable periods of time, being nuisances by causing undue smoke, dust and odors, unduly interfering with traffic and parking and the failure to remove them following completion of the project; and

WHEREAS, the Township has experienced significant expense and complaints by residents due to these abuses, and it is the purpose of this Ordinance to abate such practices; and

WHEREAS, this Ordinance is deemed to be in the best interests of the residents of the Township, and is passed pursuant to authority of the First Class Township Code."

§ 567-5 Standards and regulations for collection.

[Amended 12-12-2000 by Ord. No. 833]

A. The Township shall provide for the collection of all garbage, rubbish, and bulky waste from individual residences and multifamily residential sources with less than four units; all multifamily residences of four or more units may contract with a private collector or collectors to provide this essential residential collection service. Every person, firm, association or corporation owning property in the Township, producing solid waste, shall be responsible to pay the fees for the collection and disposal of solid waste as established by the Township pursuant to § 567-6 of this article.

[Amended 12-13-2005 by Ord. No. 897]

B. All households and homeowners shall utilize the residential collection service provided by the Township unless they can demonstrate that they have made alternative arrangements that are consistent with this article and approved by the Township.

C. All multifamily residential sources (with more than four units), and commercial, institutional, and industrial establishments shall negotiate and individually contract collection service with the Township's collector or any other properly licensed waste hauler of their choice.

D. All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the Township's collector and payment of any required special fees.

E. All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies, and unsightly conditions. The Township reserves the right to require more frequent collection when deemed necessary.

F. Residential collection schedules shall be published regularly by the Township or its contracted hauler. No container or containers for the collection of garbage, rubbish or other materials specified in this section shall be placed out for scheduled pickup before 5:00 p.m. on the day preceding such scheduled pickup. No more than three containers per pickup are permitted.

[Amended 7-14-2015 by Ord. No. 985]

G. All solid waste collection activity shall be conducted from Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m. or on Saturdays between the hours of 6:00 a.m. and 12:00 p.m. unless prior approval of any exception has been granted by the Township. No collection, hauling, or transporting of solid waste shall be permitted on Sunday.

H. All licensed haulers and haulers under contract with the Township shall comply with the following standards and regulations:

(1) All municipal waste collected within the Township shall be conveyed by the hauler to a transfer station, processing facility, or disposal site designated as approved by the Allegheny County Health Department.

(2) Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97, any Department regulations adopted pursuant to Act 97 and must be licensed by the Allegheny County Health Department.

(3) All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.

(4) Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.

(5) All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.

(6) All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.

I. Any person or entity desiring to dispose of construction and/or demolition waste must first apply to the Building Inspector or Code Enforcement Officer for a permit to put in place a container on public or private property. It is declared to be the intent of this article that no container of any nature or size may be placed on public or private property except in compliance with this section. On private property, containers of four cubic feet or less may be utilized for a fourteen-day period without any permit, so long as the same do not constitute or amount to a public nuisance and provided such container is situated on the same building lot where the work is being done. All containers must provide for covers or lids, must be illuminated by reflectors or lights and may not be filled above the level of the lid or cover.

[Added 4-13-2004 by Ord. No. 874]

J. The Building Inspector is hereby authorized to prepare forms for construction and demolition waste applications requesting such data as the Building Inspector deems necessary in his discretion, including but not limited to limits of liability or any liability insurance policy requested, a hold harmless provision protecting the Township, a provision mandating lighting or reflectors on such containers, the placement of containers, warning signs and barricades and whether a cash or security bond to cover damages should be included. A dated application signed by the owner of the land and the applicant, if not the owner, must provide at least the following information:

[Added 4-13-2004 by Ord. No. 874]

(1) Name and address of the applicant and the owner of the subject real estate, and the address where the work is to be done;

(2) The dimensions and capacity of the container to be used, a description of the work to be done to the subject real estate and the length of time anticipated to complete the project; and

(3) The site where the applicant wishes to place the container, the duration of time when it will be in place and what materials will be stored in the container.

§ 567-6 Collection and disposal charges.

[Amended 12-12-2000 by Ord. No. 833; 12-12-2000 by Ord. No. 836]

A. The Board of Commissioners shall be authorized to make funds available, in accordance with the laws and procedures of the Township, for the establishment, maintenance, and operation of a municipal solid waste collection and disposal system, or for the contracting of such service to a private collector.

B. Annual fee schedules (if appropriate) shall be published by the Township based on any competitively bid residential collection service contract that may be awarded by the Township. Said fee for the collection and disposal of solid waste shall be the responsibility of every person, firm, association or corporation producing solid waste as defined by this article. Every person, firm, association or corporation shall pay the appropriate fee as set forth in the Annual Fee Schedule adopted by the Township of Stowe.[1] It shall be the responsibility of every person, firm, association or corporation of individual and multifamily residential sources with less than four units to pay the said fee established by the Township under Subsections C and D of this section.

[Amended 12-13-2005 by Ord. No. 897]

[1] Editor's Note: The Annual Fee Schedule is on file in the Township offices.

C. (OPTION A) The Township shall be responsible for collection of any fees for solid waste collection and disposal from residential customers. Licensed haulers shall be responsible for the collection of any collection and disposal fees from commercial, institutional, and industrial customers.

D. (OPTION B) The Township's contracted hauler and other licensed haulers shall be responsible for the collection of any fees for solid waste collection and disposal services provided to the residential, commercial, institutional, or industrial sources within the Township.

E. Based on the construction and demolition waste application and all other circumstances, the Building Inspector may issue a permit in accordance with this section. The Building Inspector may place such further restrictions on the permit as the Inspector sees fit to assure compliance with the standards of this section. Permits shall be valid for no longer than 30 days. A permit may be renewed by filing an application with the Building Inspector. A fee is hereby set in the amount of $30 for each permit and each renewal, payable upon presentation of the application. The Township Commissioners may change this fee from time to time at their sole discretion by simple resolution of the Commissioners.

[Added 4-13-2004 by Ord. No. 874]

F. The Building Inspector may issue a permit, refuse to issue a permit, refuse to renew a permit, or move to rescind a permit for construction and demolition waste by taking into consideration the following circumstances, and any other factors or conditions deemed to be relevant:

[Added 4-13-2004 by Ord. No. 874]

(1) If the container, due to its size or proposed location, has or likely will unduly interfere with pedestrian or vehicular traffic or parking;

(2) If the applicant's activity of proposed activity produces or likely will produce or contain hazardous or noxious conditions (smoke, dust, odors);

(3) If the applicant has not reasonably prosecuted the project; and

(4) The circumstances surrounding the applicant's need for a container, and the availability of alternate means of storing and disposing of construction and demolition waste.

§ 567-7 Administrative appeals.

A. All appeals shall be made, in writing, to the Board of Commissioners of the Township.

B. Pending a reversal or modification, all decisions of the Township shall remain effective and enforceable.

C. Appeals may be made by any person who is aggrieved by a new standard or regulation issued by the Township, and said person may appeal within 10 days after the Township gives notice of its intention to issue the new standard or regulation.

D. The notice of appeal shall be served, in writing, and sent by certified mail with return receipt requested. Within 20 days after receipt of the notice of appeal, the Township shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in the local newspaper.

§ 567-8 Injunction powers.

The Township may petition a court of competent jurisdiction for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.

§ 567-9 Violations and penalties.

[Amended 11-9-1993 by Ord. No. 760]

Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600, and costs, and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.

§ 567-10 Special provisions for senior citizens and handicapped residents.

[Amended 1-10-1989 by Ord. No. 719]

A. All senior citizens and handicapped residents living within the Township of Stowe shall have the option of paying for their garbage and rubbish collection at either the standard rate as set forth within the contract in effect at that time, or by paying a per-bag charge, assuming an option is provided for within the aforementioned contract.

B. A "senior citizen" shall be defined as a resident of the Township of Stowe who has reached the age of 62 years or older.

C. To be classified as a handicapped resident, the individual must be a resident of the Township of Stowe and must present proof of such handicap by presenting a medical doctor's opinion or an opinion from a qualified state agency.

D. In order for a residence to benefit from this section, the owner or the lessee must be either a senior citizen or a handicapped person as defined in this section.

§ 567-11 Severability.

[Added 4-13-2004 by Ord. No. 874]

If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, section or parts of this article. It is hereby declared as the intent of the Township of Stowe that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

Article II Recycling

[Adopted 9-10-1991 by Ord. No. 740 (Ch. 20, Part 2, of the 1993 Code of Ordinances)]

§ 567-12 Title.

The short title of this article shall be the "Township of Stowe Recycling Ordinance," and the same may be cited in that manner.

§ 567-13 Word use.

The following rules of construction shall apply to this article:

A. For the purpose of this article, certain terms and words are herein defined. Whenever used in this article, they shall have the meaning indicated in this section, except where there is indicated in contrast a clearly different meaning.

B. The particular shall control the general.

C. In case of any difference of meaning or implication between the text of this article and any caption or illustration, the text shall control.

D. The word "shall" is mandatory and not discretionary. The word "may" is permissive.

E. Words used in the present sense shall include the future; words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

§ 567-14 Definitions.

The following words and phrases used throughout this article shall have the following meanings and, where applicable, definitions are the same as Act 101 definitions:

ACT 101

The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[1]

ALUMINUM

Empty, all-aluminum beverage or food containers.

BIMETAL CONTAINERS

Empty food or beverage containers consisting of steel and aluminum.

BOARD OF COMMISSIONERS

The Board of Commissioners of the Township of Stowe.

COLLECTOR

The entity or entities authorized by the Township to collect recyclable materials from residences, or authorized by commercial, municipal and institutional establishments that do not receive collection services from the Township to collect recyclable materials from those properties.

COMMUNITY ACTIVITIES

Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.

CORRUGATED PAPER

Structural paper material with an inner core shaped in rigid parallel furrows and ridges.

FERROUS CONTAINERS

Empty steel or tin-coated food or beverage containers.

GLASS CONTAINERS

Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.

HIGH-GRADE OFFICE PAPER

All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.

INSTITUTIONAL ESTABLISHMENT

Those facilities that house or serve groups of people, including, but not limited to, hospitals, nursing homes, orphanages, day-care centers, schools and universities.

LEAD ACID BATTERIES

Includes, but is not limited to, automotive, truck and industrial batteries that contain lead.

LEAF WASTE

Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.

MAGAZINES AND PERIODICALS

Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.

MULTIFAMILY HOUSING PROPERTIES

Any properties having four or more dwelling units per structure.

MUNICIPAL ESTABLISHMENT

Public facilities operated by the municipality and other governmental and quasi-governmental authorities.

MUNICIPALITY

The Township of Stowe.

MUNICIPAL WASTE

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 waste" or "hazardous waste" in the Solid Waste Management Act[2] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.

NEWSPAPERS

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.

PERSON(S)

Owners, lessees, and occupants of residences and commercial, municipal and institutional establishments.

PLASTIC CONTAINERS

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.

RECYCLABLE MATERIALS

Materials generated by residences and commercial, municipal and institutional establishments and any community activities 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, clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics, 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.

RECYCLING

The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastic 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.

RECYCLING COMMITTEE

The body of individuals to whom the Board of Commissioners has delegated the duty of designing, implementing and administering the Stowe Township Recycling Program. The carrying out of said delegated duties are subject to the supervision and control of the Stowe Township Board of Commissioners.

RESIDENCES

Any occupied single- or multifamily dwellings having up to four dwelling units per structure for which the Township provides municipal waste collection service.

SOURCE SEPARATED RECYCLABLE MATERIALS

Those materials separated at the point of origin for the purpose of being recycled.

WASTE

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 53 P.S. § 4000.101 et seq.

[2] Editor's Note: See 35 P.S. § 6018.103.

§ 567-15 Establishment of program; grant of power.

A. The Township hereby establishes 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 and all community activities located in the Township for which waste collection is provided by the Township or any other collector. Collection of the recyclable materials hall 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 residences or from commercial, municipal and institutional establishments or from community activities. The recycling program shall also contain a sustained public information and education program.

B. Specific recycling program regulations are provided as an attachment to this article.[1] The Township of Stowe is empowered to make changes to recycling program regulations as necessary, as described in § 567-22. Subsequent changes in the program regulations may be made through approval of the Board of Commissioners and public notice and notification of all affected parties.

[1] Editor's Note: Information regarding the current recycling regulations is on file in the Township offices.

C. This article is ordained pursuant to the First Class Township Code.[2]

[2] Editor's Note: See 53 P.S. § 55101 et seq.

§ 567-16 Lead acid batteries.

Disposal by persons of lead acid batteries with other municipal waste is prohibited and shall be a violation of this article.

§ 567-17 Separation and collection.

A. All persons who are residents of the 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.

(1) Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside or near the back alley 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. Use of recycling containers for any purpose other than the designated recycling program or use of recycling containers by any person other than the person allocated such container(s) shall be a violation of this article.

(2) An owner, landlord, manager or agent of an owner, landlord or manger of a multifamily housing property with more than four units may comply with his/her 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, managers and agents of owners, landlords or managers who comply with this article shall not be liable for noncompliance of occupants of their buildings. 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. This requirement may be fulfilled by submission of a letter or form from the collector which certifies that recyclable materials are being collected from the multifamily housing property as long as the hauler reports aggregate amounts of recyclables from these properties.

B. 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.

C. 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 at community activities and store the recyclable materials until collection. A person may be exempted from this subsection by:

(1) Providing for the recycling of high-grade office paper, aluminum, corrugated paper, leaf waste and other materials deemed appropriate by the Township.

(2) Submitting, at a minimum, an annual recycling report to the Board of Commissioners of the Township. The report shall document the amount of municipal waste generated per year as well as the type and weight of materials that were recycled in the previous calendar year. Valid documentation shall include information from an end user, recycler, or waste hauler which describes the type and weight of each recyclable material that was collected and marketed. Documentation may be in the form of one of the following:

(a) Copies of weight receipts or statements which consolidate such information;

(b) A report from the provider of recycling collection services which identifies the amount of each material collected and marketed. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its source-separated materials;

(c) A report from the provider of waste collection services that identifies the type and weight of each recyclable material collected and marketed in cases where recyclables are commingled with the establishment's waste. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its waste.

(d) For Subsection C(2)(b) and (c), where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.

(3) 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 type and weight of materials recycled during the previous calendar year. This requirement may be fulfilled by submission of a letter or form from the collector which certifies that recyclable materials are being collected from the establishment.

(4) All employees, users (patrons), and residents of commercial, municipal and institutional establishments must be informed of the recycling program. The education program should describe the program's features and requirements and should include, at a minimum, an annual program meeting and an orientation to the program upon the arrival of a new employee or resident. Receptacles should be clearly marked with the recycling symbol and the type of recyclable material that is to be placed in the receptacle, and signs should be prominently displayed stating the requirements of the program. Commercial, municipal and institutional establishments which generate more than 2,200 pounds of municipal waste per month should also implement a waste minimization opportunity assessment which includes:

(a) Waste characterization, including source, generation rate, management techniques, and management costs. The assessment should expressly consider high-grade office paper, aluminum, corrugated paper, leaf waste and any other materials generated in significant quantities.

(b) A description of all possible waste minimization options, including use and waste reclamation.

(c) An evaluation of the economic and technical feasibility of each option and a ranking of each option.

(d) An estimate of the payback period for each feasible option.

(e) A statement of which options will be implemented, including an explanation and a timetable.

(f) Identification of the individual(s) who will be responsible for implementing the plan.

(5) The waste minimization plan should be periodically updated. Implementation of the plan should include:

(a) Recycling or composting of materials, to the greatest extent feasible, either privately or through a municipal recycling program.

(b) Use, to the greatest extent feasible, of products and materials which are recyclable or made of postconsumer materials.

(c) Substitution, to the greatest extent feasible, of durable and reusable products and materials for products that are not durable or reusable.

(d) Appropriate education materials and signs should be made available to employees or the public to encourage participation in the recycling and waste reduction.

§ 567-18 Ownership of recyclable materials.

All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this article shall, from time of placement at the curb or near the back alley, become the property of the Township or the authorized collector, except as otherwise provided by § 567-19 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside or near the back alley for collection.

§ 567-19 Collection by unauthorized persons.

It shall be a violation of this article for any person, firm or corporation, other than the Township or one authorized by the Board of Commissioners or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments or community activities for collection by the Township or an authorized collector, unless such 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 or community activities on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 567-20 Existing recycling operations.

Any residence or commercial, municipal or institutional establishment or community activity 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 or community activity without prior written permission from the Board of Commissioners or other entity responsible for authorizing collection of recyclable materials to make such a collection.

§ 567-21 Disposal of recyclable materials prohibited.

Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this article. 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.

§ 567-22 Enforcement and administration.

The Recycling Committee is hereby authorized and directed to make reasonable rules and regulations (subject to the approval of the Board of Commissioners) for the operation and enforcement of this article as deemed necessary, including, but not limited to:

A. Establishing recyclable materials to be separated for collection and recycling by residences, and additional recyclable materials to be separated by commercial, municipal and institutional establishments and community activities.

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 or recyclable containers.

E. Establishing procedures and rules for the collection of leaf waste.

§ 567-23 Violations and penalties.

[Amended 11-9-1993 by Ord. No. 760]

A. Any person, firm or corporation who shall violate the provisions of this article 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.

B. Except as hereinafter provided, any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not less than $25 nor more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.

C. The Township reserves the right on its behalf and on behalf of its authorized collector not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.

§ 567-24 Franchise or license.

The Township may enter into an agreement/agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from the curbside.

§ 567-25 Modifications.

The Township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 567-22.