[HISTORY: Adopted by the Board of Supervisors of the Township of
Brighton as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-30-2005 by Ord. No. 142[1]]
[1]
Editor's Note: This article also repealed former §§ 166-1 through 166-38, which consisted of Art. I, Collection and Disposal of Refuse, adopted 6-4-1954 by Ord. No. 10, as amended; Art. II, Dumping, adopted 4-13-1970 by Ord. No. 42; Art. III, Licensing of Vehicles, adopted 12-14-1987 by Ord. No. 81; Art. IV, Recycling, adopted 8-12-1991 by Ord. No. 84; and Art. V, Municipal Waste Flow Control, adopted 3-14-1994 by Ord. No. 88.
This article shall be known as the "Township of Brighton Solid Waste
and Recycling Ordinance."
As used in this article, the following terms shall have the following
meanings:
The Municipal Waste Planning, Recycling and Waste Reduction Act,
Act of July 28, 1988, P.L. 528, No. 101.
Any aluminum beverage or food cans comprised of 100% aluminum.
Any food or beverage containers consisting of steel and aluminum.
The entity or entities authorized by the Township to collect, remove
and dispose of combustible and noncombustible refuse and garbage and recyclable
materials from residences or authorized by commercial, municipal and institutional
establishments that do not receive collection services through Township contracts
to collect such materials from those properties.
Waste substances capable of incineration or burning and comprised
of garbage, paper, rags, excelsior and other like materials.
An establishment whose primary use is commercial and is engaged in
nonmanufacturing or nonprocessing business, including but not limited to markets,
office building, restaurants, shopping centers, stores and residential buildings
containing four or more dwelling units.
Those recyclable materials separated from municipal waste at the
point of origin and set aside in a mixed agglomeration for the purpose of
being recycled. Newspapers and magazines are excluded.
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.
Material consisting of two or more pieces of kraft liner separated
by corrugated (fluted) linerboard. Excluded are materials without a corrugated
interliner and those materials with a corrugated liner made from rice or other
non-wood-based materials.
The County of Beaver, a municipal subdivision of the Commonwealth
of Pennsylvania.
The 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.
Any empty steel or tin-coated food or beverage containers.
All refuse and animal and vegetable matter which was used for human
consumption, every accumulation of waste (animal, vegetable and/or other matter)
that results from the preparation, processing, consumption, dealing in, handling,
packing, canning, storage, transportation, decay or decomposition of meats,
fish, fowl, birds, fruits, grains or other animal or vegetable matter which
is likely to attract flies or rodents. It shall also include excess fruits
from trees on residential property but not from trees on farms and/or orchards.
Excluding items designated for recycling, the term "garbage" shall also mean
"dead animals" and mixed and waste fragments resulting from the use and occupancy
of the premises, including but not limited to rags, paper and packaging material,
glass, crockery, bottles, tin cans, leather, rubber, plastics, newspaper and
other general small household refuse.
Any 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.
All white paper, bond paper, copier paper, letterhead, mimeograph
paper and computer paper, typically sold as white ledger paper used in commercial,
institutional and municipal establishments and in home occupation businesses.
An establishment whose primary purpose is public in character, including
those establishments engaged in charitable, educational and service occupations,
and also including hospitals, nursing homes and congregate homes.
Including but not limited to automotive, truck and industrial batteries
that contain lead.
Leaves, garden residues, shrubbery and tree trimmings, and similar
material, but not including grass clippings.
Periodical publications containing sketches, stories, essays and
pictures. For purposes of recycling, junk mail, phone books, paper and hardback
books are expressly excluded.
Any properties having four or more dwelling units per structure.
Public facilities operated by the Township and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial, lunchroom, office waste, or other
material, including solid, liquid or semisolid materials, including any containing
gaseous materials, resulting from the operation of residential, municipal,
commercial, institutional establishments or community activities and any sludge
from a municipal, commercial or institutional water supply, treatment plant
or air pollution control facility not meeting the definition of residual or
hazardous waste in the Solid Waste Management Act. The term does not include
source-separated recyclable materials.
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.
Waste substances not ordinarily subject to incineration or burning
and including pottery, china and like material.
Any natural person, association, partnership, firm or corporation.
Plastic food and beverage containers. Due to the wide variety of
types of plastics, the Township may stipulate specific types of plastic which
shall be recycled.
Materials generated by residences, commercial, municipal and institutional
establishments which are specified by the Township to be recycled and which
can be separated from municipal waste and returned to commerce to be reused
as resource in the development of useful products. Recyclable materials may
include, but are not necessarily limited to, clear glass, colored glass, aluminum,
ferrous and bimetallic containers, high-grade office paper, newsprint, corrugated
paper, plastics and any other item 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, plastics and other materials which would otherwise be disposed
or processed as municipal waste.
Any occupied single-family or multifamily dwellings having up to
and including three dwelling units per structure.
Rags, broken glass, crockery, containers for nonedible products used
in the home, paper, hedge cuttings, incinerator ashes, refuse from paper burners
and household refuse generally, ashes from household heating plants, incinerators,
and coal stoves, but excluding bulky waste and hazardous waste.
Those recyclable materials separated from municipal waste at the
point of origin and set aside for the purpose of being recycled.
Act 97 of 1980, 35 P.S. § 6018.101 et seq., and the Department
regulations promulgated thereunder.
The Township of Brighton, a municipal subdivision of the Commonwealth
of Pennsylvania situate in Beaver County, Pennsylvania.
A.
The Township Supervisors shall provide for the collection,
removal and disposal of combustible and noncombustible refuse and garbage,
as well as the collection, removal and disposal of designated recyclable materials,
within the Township of Brighton.
B.
The Township Supervisors shall provide for such collection,
removal and disposal by contract, after receipt and review of competitive
bids, with responsible persons who shall be appointed and licensed by the
Township.
C.
The contract with the designated collector(s) shall provide
and include:
(1)
Description of area in which the collector shall be authorized
to operate.
(2)
The frequency and time of collections which the collector
shall make and a requirement that his customers be so notified.
(3)
The manner in which the collector shall dispose of the
refuse, garbage and recyclable materials.
(4)
The schedule of rates which the collector will be authorized
to charge.
(5)
The type and make of the equipment which the collector
will use in collecting the refuse, garbage and recyclable materials.
(6)
A statement that the contract is for the personal services
of the collector and is nonassignable.
(7)
Provisions specifying the length of the contract.
(8)
A statement of the public liability insurance coverage
that the collector shall carry, which shall be not less than $500,000 personal
liability and $1,000,000 property damage.
(9)
A statement that any violation of the contract and this
article shall be cause for immediate cancellation of the license.
D.
Each collector shall be required to furnish to the Township
of Brighton a performance bond in the amount of $50,000 before undertaking
his responsibilities.
E.
The contract shall incorporate by reference this article.
F.
It shall be a violation of this article for any person,
firm or corporation, other than the Township or one licensed by the Board
of Supervisors to collect garbage, municipal waste and/or recyclable materials
from any residential unit, commercial, municipal or industrial establishment
within the Township of Brighton.
A.
Each residential property within the Township of Brighton
is required to participate in the contracted refuse and recycling program.
No person, firm or corporation shall be permitted to collect, remove or dispose
of any garbage, refuse or designated recyclable materials from any residential
property within the Township other than the licensed collector(s) or their
duly authorized agents and employees.
B.
The Township may authorize the discontinuance of service
for a residential unit when the owner or occupant can provide documentation
to the Township's satisfaction that they have an approved method of refuse
disposal and recycling as a result of owning their own business establishment
where they dispose of their refuse and recycle by other means. Application
for discontinuance must be made by written letter to the Board of Supervisors
and be accompanied by sufficient documentation of a contract for service at
an owned business location. Requests for exclusion should be submitted no
later than June 1, 2005. Any approved application shall be limited in duration
to one year from July 1. Any request for continuation of the exemption must
be accompanied by appropriate documentation and be filed with the Township
not later than June 1 of each year. Such request shall be acted upon by the
Board of Supervisors within 30 days thereafter.
A.
It shall be unlawful for any person, association of persons,
firm or corporation to dump or cause to be dumped any ashes, garbage, refuse
and any other refuse materials upon any highway, street or other public or
private way or upon any private or public property in the Township of Brighton,
Beaver County, Pennsylvania.
B.
All garbage, refuse and, where practical, bulky waste
shall be placed for collection in containers or in separate waterproof bags
which, when filled with refuse, shall not weigh more than 40 pounds.
C.
No infectious waste shall be placed in any container;
no garbage shall be permitted to accumulate so that it might become a breeding
area for rats, flies, or other vermin; no garbage shall be permitted to accumulate
for more than one week.
D.
All persons must separate leaf waste from other municipal
waste generated at their residences, apartments and other residential establishments
for disposal in accordance with the rules and regulations adopted by the Board
of Supervisors.
E.
No garbage or municipal waste shall be placed at the
curbside for collection prior to 6:00 p.m. on the day before scheduled pickup.
Should early placement of the garbage or municipal waste result in the contents
of the containers or bags becoming scattered about upon the public street
or adjoining property, it shall be the obligation of the resident placing
the container and/or bags for pickup to clean up the debris.
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, shall store such materials for collection and shall place
the 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 in
containers provided for collection by the Township. Any containers provided
to residences for collection of recyclable materials shall be the property
of the Township. Residents shall be responsible for leaving the allocated
containers with the residence or shall pay the replacement cost of said containers.
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 containers shall be a violation of this article.
(2)
An owner, landlord or agent of an owner or landlord of
a multifamily rental housing property with four or more units may comply with
its recycling responsibilities by establishing a collection system at each
property. The collection system must include suitable containers for collection
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 or agents of an owner
or landlord who comply with this article shall not be liable for noncompliance
of occupants of their buildings.
B.
Persons must separate high-grade office paper, aluminum,
corrugated paper, 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.
C.
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 become the property of the Township or the authorized
collector. 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 for collection.
A.
From and after the effective date of this article, all
vehicles being used for the collection and/or transportation of refuse, including
industrial waste, and/or garbage within the Township of Brighton shall be
required to be registered with and be licensed by the Board of Supervisors
of the Township of Brighton.
B.
A license application for each vehicle shall be made
on a form to be provided and shall be submitted to Brighton Township or other
designated agent. The application shall contain a complete description of
the vehicle, in such detail as will enable Brighton Township to determine
that the requirements of this article have been met. With each application
for a license, the applicant shall exhibit his county license obtained pursuant
to County Ordinance No. 082092-SWM.
C.
Each license application shall be accompanied by a fee
to be set by resolution of the Board of Supervisors. Each license must be
renewed annually on or before April 1.
D.
All vehicles used for the collection and removal of garbage
must be equipped with watertight beds and sides, constructed of impervious
material and with a permanent covering on top. Their operation must be in
a manner to conform to all local, county or state health requirements regarding
the sanitary handling of such refuse.
E.
Vehicles used in collecting and removing or transporting
other classes of refuse and recyclable materials shall be of such construction
as to prevent the contents from littering the streets or public or private
property and shall be covered at all times while the vehicle is in motion
or is standing unattended. The operation of any vehicle in such a condition
as to permit any garbage, refuse and recyclable materials to spill, fall or
drip upon any street and any public or private property shall not be permitted.
F.
The authorized collector is required, at his own cost
and expense, to furnish and operate all the vehicles or other equipment necessary
to properly collect, remove and dispose of all garbage, refuse and recyclable
materials. All vehicles or other equipment must be operated and maintained
in a safe and sanitary condition. The careless handling of items to be collected
by the collector's employees will not be permitted.
G.
Each vehicle and other piece of equipment used by the
collector in the collection, removal and disposal of garbage, refuse and recyclable
materials must be clearly marked "Licensed Township Collector" and give the
license number and date of issue.
A.
All licensed collectors shall deliver and dispose of
all municipal waste generated within the municipality, other than designated
recyclable materials, at the site(s) designated in the Beaver County Municipal
Solid Waste Management Plan.
B.
The collected recyclable materials shall be taken to
a recycling facility. Disposal by collectors or operators of recycling facilities
of separated recyclable materials in landfills or by burning in incinerators
is prohibited unless markets do not exist and the collectors or operators
have notified the Board of Supervisors, or its designee, in writing and have
secured the permission of the Board of Supervisors for such disposal.
C.
Disposal of recyclable materials with municipal waste
by any residential unit owner or occupier or by any licensed collector is
prohibited and shall be considered a violation of this article.
Garbage shall be collected from each residential unit within the Township
of Brighton at least once every seven days, with daily collections from hotels
and restaurants. Municipal refuse shall be collected from each residential
unit and each business establishment within the Township of Brighton at least
once every seven days. Recyclable materials shall be collected from each residential
unit within the Township of Brighton not less frequently than biweekly.
A.
The fees to be charged to the property owner shall be
established in the contract entered into with the licensed collector after
competitive bidding. The established fee shall include collection, removal
and disposal of garbage, municipal waste, including bulky items, and recyclable
materials. Excluded, however, are tires, yard waste, Christmas trees, construction
debris, vehicle parts, lead acid batteries, paints, liquids, fluids, steel,
iron and all similar items.
B.
It shall be the responsibility of the property owner/occupier
to pay the fee, and the responsibility of the licensed contractor to collect.
A.
Any person, firm or corporation who or which shall violate
the provisions of this article shall receive an official written warning of
noncompliance from the Township Manager for the first offense.
B.
Any person who shall violate any of the provisions of
this article or fail to comply herewith, after receipt of written notification
for the first offense, shall, upon conviction in a summary proceeding before
a Magisterial District Judge, be subject to a fine of not less than $100 nor
more than $600, plus costs of prosecution, for each violation. In the event
the fines and costs are not paid, the defendant shall be sentenced to serve
not more than 30 days in the Beaver County Jail. Each day the violation exists
shall constitute a separate offense.
C.
In addition to any other remedy provided in this article, the Township may institute a suit in equity for an injunction to restrain a violation of this article, if such unlawful conduct should amount to a public nuisance. In addition to an injunction, the court may impose the penalties authorized in § 166-11.
Should any court of competent jurisdiction hold any part of this article
unconstitutional, illegal, or unenforceable, such invalidity shall not affect,
impair, nullify, nor otherwise prevent the enforcement of the remainder of
this article. It is hereby declared that such parts as are legal would have
been enacted independently of the invalid portion had the invalidity of such
part been known, and it is the intention of the Township that such remainder
shall be and remain in full force and effect.
Ordinance Nos. 10, 32, 42, 81, 82 and 84, which includes §§ 166-1 through 166-38 of the Brighton Township Code, are specifically repealed as well as all ordinances or parts thereof which are in conflict with the provisions of this article.
[Adopted 1-8-2001 by Ord. No. 116]
The following rules and regulations shall govern the use of its Yard
Waste Composting Site located at 1250 Brighton Road:
The following items are specifically prohibited from being deposited
at the Yard Waste Composting Site:
A.
Tree stumps.
B.
Construction materials of any nature and including lumber.
C.
Stones, brick, asphalt or concrete.
D.
Cans or any form of metal.
E.
Plastic bags.
F.
Paper waste.
G.
Dog, cat or other animal waste.
H.
Garden produce such as tomatoes, apples, pumpkins, etc.
I.
Burning barrel waste.
J.
Garbage or litter of any kind.
A.
The hours of operation for the compost site shall be
as follows:
(1)
Monday through Saturday, 7:30 a.m. to sunset.
(2)
Sunday, 12:00 noon to sunset.
(3)
The site shall not be open on Sunday, December through
March.
(4)
Brighton Township reserves the right to close access
to the compost site at any time for the purpose of operating the equipment
upon the site, as well as for the inspection and maintenance of the equipment
and the site.
Use of the compost site shall be by permit only, which permit shall
be displayed in the motor vehicle conveying yard waste to the compost site.
A.
Township residents shall be entitled to receive a permit
for the deposit of their personal yard waste by making application therefor
at the Township offices, 1300 Brighton Road, and paying such fee as may be
established by resolution of the Board of Supervisors of Brighton Township.
B.
Commercial haulers may be permitted to deposit yard waste
at the compost site by making application for the appropriate permit and paying
such fee as may be established by resolution of the Board of Supervisors of
Brighton Township.
The following circumstances shall constitute a violation of this article:
A.
The deposit of any material, other than acceptable yard
waste, at the compost site.
B.
The deposit of any material at the compost site by any
person not holding a valid permit, or in violation of the provisions of the
permit issued to such person.
C.
The deposit of any material at the compost site at any
time other than the designated hours of operation.
Any person who violates or permits the violation of any of the rules
and regulations adopted pursuant to this Township article shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not less than
$100 and not more than $1,000 and costs and, in default of the payment of
such fine and costs, to undergo imprisonment for not more than 30 days.
