CHAPTER 84 SOLID
WASTE
ARTICLE I
RECYCLING
§ 84-1. Title.
§ 84-2. Purpose.
§ 84-3. Definitions.
§ 84-4. Establishment.
§ 84-5. Storage.
§ 84-6. Collection by authorized persons.
§ 84-7. Unlawful disposal.
§ 84-8. Administration.
§ 84-9. Enforcement.
§ 84-10. Franchise or license.
§ 84-11. Alternative collection.
§ 84-12. Disposal.
§ 84-13. Violations and penalties.
[HISTORY: Adopted by the Board of Supervisors of the Township
of North Londonderry: Art. I, 4-13-1993 as Ord. No. 95. Amendments noted
where applicable.]
ARTICLE I
RECYCLING
[Adopted 4-13-1993 as Ord. No. 95]
This Article shall be known as the "North Londonderry Township Municipal Waste and Recycling Ordinance."
A. Act 101 of 1988, an Act of the Commonwealth
of Pennsylvania, entitled the "Municipal Waste Recycling and Waste Reduction
Act," requires municipalities with populations greater than five thousand
(5,000) people to implement a curbside collection program for recyclable
materials. The purpose of this Article is to comply with the provisions of
Act 101 and to provide for the health, safety and welfare of the residents of
the Township by regulating the collection, storage, transportation, removal,
dumping, disposal and recycling of solid waste.
B. It is the desire of the North Londonderry Township Board of
Supervisors to establish a solid waste recycling and solid waste management and
reduction program within the Township to better utilize existing and future
solid waste disposal facilities and to work toward an efficient, more productive
and environmentally, sound method of solid waste management.
C. It is also the purpose to comply with the regulations as
set forth by the Greater Lebanon Refuse Authority under the authority granted by
Lebanon County Ordinance 15, enacted June 6, 1991, along with any amendments
thereto.
The following words or phrases, when used in this Article, shall
have the following definitions:
ALUMINUM CONTAINERS - All empty aluminum food and beverage containers.
AUTHORIZED COLLECTOR - Person, firm or corporation licensed or contracted
by North Londonderry Township to handle municipal solid waste and recyclables in
accordance with the provisions of this article.
BIMETAL CONTAINERS - All empty food or beverage containers consisting of a
combination of ferrous metals and aluminum.
BULKY WASTE - Items of solid waste which, due to their size, shape or weight,
cannot be collected as a part of the normal weekly municipal waste collection
and, therefore, require special handling.
COMMERCIAL ESTABLISHMENT - Properties which are used primarily for commercial
and/or industrial purposes, and those multiple-dwelling residential buildings
containing more than four (4) dwelling units.
CONSTRUCTION AND DEMOLITION WASTE- Lumber, roofing materials, sheathing, rubble,
broken concrete, macadam, plaster, brick, conduit, pipe, insulation and other
material which results from a construction, demolition or remodeling project.
CONTRACT OR LICENSING AGREEMENT - An agreement between the Township and any
person or trash hauler wishing to collect municipal solid waste and recyclable
materials within the Township which sets forth specific rules and regulations
regarding the collection of the refuse and recyclable materials.
CORRUGATED CARDBOARD - Paper boxes constructed in a corrugated manner and used
as containers for business and consumer applications.
DWELLING UNIT - Any room or group of rooms located within a building and forming
a single habitable unit with facilities which are used or intended to be used
for living, sleeping, cooking and eating by one (1) family.
EXCLUSIVE CONTRACT - An agreement entered into by the Township with a private
person or corporation for the collection and disposal of all municipal waste
and/or recyclables within the Township to the extent provided by this article
and the agreement.
FERROUS CONTAINERS - Empty steel or tin food or beverage containers.
GLASS CONTAINERS - Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass, porcelain
and ceramic products.
GRASS CLIPPINGS - Blades of lawn grass that have been cut by mowing and gathered
for disposal.
INSTITUTIONAL ESTABLISHMENTS - Facilities that house or serve groups of people,
such as hospitals, schools, nursing homes, etc.
LEAF WASTE - Leaves, garden residues, shrubbery and tree trimmings, and similar
materials, but not including grass clippings.
MAGAZINES AND PERIODICALS - A publication that is issued periodically and is
generally bound with a shiny cover and often utilizes a shiny surface paper for
its articles, photographs, etc. These publications are published at fixed or
varying intervals other than daily.
MUNICIPAL WASTE - Any garbage, refuse, industrial lunchroom waste,
office waste and any other material including solid waste, liquid, semisolid or
contained gaseous materials resulting from the operation of residential,
municipal, commercial or institutional establishments and from community
activities. All solid waste which is within the definition of "municipal
waste" as set forth in § 103 of the Municipal Waste Planning, Recycling and
Waste Reduction Act, Act 101 of July 28, 1988.
NEWSPAPERS - Paper of the type commonly referred to as "newsprint." Expressly excluded are "newspapers" that have been soiled.
NORTH LONDONDERRY TOWNSHIP MUNICIPAL WASTE AND RECYCLING RULES AND REGULATIONS -
The rules and regulations governing municipal solid waste and recycling in North
Londonderry Township as established by the North Londonderry Township Board of
Supervisors and adopted by resolution of the Township.
PERSON(S) - Any individual, partnership, corporation, association,
institution, cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever which
is recognized by law as the subject of specific rights and duties.
PLASTIC CONTAINERS - Empty plastic food and beverage containers of either Type
1 or 2 as designated on the container.
RECYCLABLES or RECYCLABLE MATERIALS -
Materials as specified by this article which are to be collected separately from
other solid waste for the purpose of reusing the materials and to reduce the
amount of solid waste entering the conventional solid waste stream.
RESIDENCE - Any occupied single-family or multifamily dwelling having up to four
(4) dwelling units per structure. (Also see "dwelling unit.")
RESIDENTIAL MUNICIPAL WASTE - Municipal solid waste generated from a dwelling
unit.
RESIDUAL WASTE - Any garbage, refuse, discarded material or other
waste, including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining or 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.
SOLID WASTE - Any waste, including but not limited to municipal, residual or
hazardous waste, including solid, semisolid or contained gaseous materials.
TOWNSHIP - The governmental jurisdiction and legal entity of North
Londonderry Township, Lebanon County, Pennsylvania.
TRASH HAULER - A commercial establishment which collects refuse from a residence
or commercial establishment on a regular basis for a fee.
YARD WASTE - Weeds, garden wastes and prunings,. excluding tree limbs
and twigs in excess of one-fourth (1/4) inch in diameter.
Mandatory recycling is hereby established and required of all residential properties and commercial, industrial, and institutional establishments within the boundaries of North Londonderry Township. All persons within the Township are hereby required to separate recyclable materials from their trash. Recyclable materials shall be collected separate from other refuse, and such recyclable materials shall be designated as set forth in the North Londonderry Township Municipal Waste and Recycling Rules and Regulations which shall be promulgated and amended by resolution of the Township.
It shall be the duty of every person occupying a dwelling unit, premises or place of business within the Township where municipal waste is generated and accumulated, by his/her own expense and cost, except as otherwise specified in the North Londonderry Township Municipal Waste and Recycling Rules and Regulations, to provide and keep at all times a sufficient number of containers to hold all municipal waste accumulated between intervals of collection of such waste by an authorized collector and to ensure the sanitary and legal disposal of such waste in accordance with this Article, the North Londonderry Township Municipal Waste and Recycling Rules and Regulations and all other township, state and federal applicable laws and regulations.
A. It shall be unlawful for any person or corporation, other than persons or
corporations authorized by license or contract by the Township, to collect
and/or transport solid waste of any nature as a regular hauling business within
or from the Township. If the Township enters into an
exclusive contract for the collection of residential municipal waste in the
Township, said contractor shall be required to collect municipal waste in the
Township exclusive of other private haulers and collectors, subject to
exceptions to the exclusive Township contract. The Township shall not issue a
license to any private hauler or collector for the collection of residential
municipal waste other than the hauler or collector having the exclusive contract
with the Township. Authorization to collect, transport and dispose of
municipal waste for persons other than oneself may be given only by the Township through the issuance of a contract or license. All applicants for
licensing shall be reviewed by the Township and shall be approved in accordance
with the provisions of the North Londonderry Township Municipal Waste and
Recycling Rules and Regulations.
B. From the time of placement of recyclable items at the curb or designated
location as authorized by the Township, the recyclable items shall become the
property of the authorized collector. It shall be a violation of this section
for unauthorized persons to collect, pick up or cause to be collected or picked
up any such items. Any and each collection in violation hereof from one (1) or
more locations shall constitute a separate and distinct offense punishable as
provided herein.
Upon and after the effective date of this Article it shall be unlawful for any person or persons to dispose of any recyclable item as designated in the North Londonderry Township Municipal Waste and Recycling Rules and Regulations commingled with other solid waste not required to be recycled or to dispose of such items in other places that will not ensure that items are recycled, unless the material is so contaminated that it is unacceptable for recycling.
The North Londonderry Township Board of Supervisors shall establish, promulgate, change or amend the North Londonderry Township Municipal Waste and Recycling Rules and Regulations in accordance with the terms hereof, along with any other matters required to implement this Article. The Township may change, modify, repeal or amend any portion of the North Londonderry Township Municipal Waste and Recycling Rules and Regulations by a resolution of the Township at any time.
North Londonderry Township Police are hereby charged with the enforcement of this Article along with the rules and regulations promulgated in the North Londonderry Township Municipal Waste and Recycling Rules and Regulations.
The Township reserves the right to, at any time, enter into an exclusive agreement with any public or private agency or firm to authorize them to collect all or part of the recyclable materials within North Londonderry Township.
Any person may donate or sell recyclable materials to any individual or organization authorized by the Township. These materials must either be delivered to the individual's or organization's site or they may be placed at the curb for collection by such individual or organization. A list of approved individuals or organizations shall be posted in the Township office.
Recyclable material removed from the Township shall be processed at an approved processing facility and may not be discarded in the Greater Lebanon Refuse Authority Landfill unless specifically approved, in writing, by the Greater Lebanon Refuse Authority. The Township shall be notified, in writing, of every such incident.
A. This article and any rules and regulations promulgated pursuant thereto shall
be enforced by action brought before a District Justice in the same manner
provided for the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. Any person who violates or permits the violation of this
article or any rules or regulations promulgated pursuant thereto shall, upon
conviction in a summary proceeding, be punishable by a fine of not more than
$1,000 or by imprisonment for a term not exceeding 90 days. Each day or portion
thereof that such violation continues, or is permitted to continue, shall
constitute a separate offense. Each section of this article or any rules or
regulations promulgated pursuant thereto that are violated shall also constitute
a separate offense. [Amended 6-11-1996 by Ord. No. 108; 4-8-1997 by Ord. No.
112]
B. In addition to the foregoing penalty, the Township may require any
person to remove any accumulation of solid waste, and should said person fail to
remove such solid waste within five days following receipt of a written notice,
the Township may cause the solid waste to be collected and disposed of, with the
cost for such action to be charged to the owner or occupant of the property in a
manner as provided by law.