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HomeMy WebLinkAboutAntrim Solid Waste (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 1 CODE OF THE TOWNSHIP OF ANTRIM, FRANKLIN COUNTY, PENNSYLVANIA 02-15-2008 Chapter 118, SOLID WASTE [HISTORY: Adopted by the Board of Supervisors of the Township of Antrim as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Open burning -- See Ch. 59. Zoning -- See Ch. 150. ARTICLE I, Solid Waste Disposal and Recycling [Adopted 6-9-1992 by Ord. No. 219] § 118-1. Scope. This article shall govern and control all aspects of the collection, storage, transportation, processing and disposal of municipal waste and recycling in Antrim Township. It contains regulations applicable to haulers of municipal waste, collectors of recyclables, individuals, commercial, municipal and institutional establishments and community activities. § 118-2. Purpose. This article is being enacted in an effort to implement a recycling program in order to return valuable materials to productive use, to conserve energy and to protect capacity at municipal waste processing and disposal facilities. § 118-3. Definitions and word usage. A. In this article, unless the context clearly indicates otherwise, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine and neuter. B. As used in this article, the following terms shall have the meanings indicated: AGENT -- One who performs an act for his or her immediate family or for another person gratuitously (without any form of monetary or material compensation therefor). ALUMINUM CANS -- Empty, all-aluminum beverage and food containers. APPLICANT -- A person desirous of being licensed as a hauler or of being issued a recyclable collection permit, as the case may be. AUTHORIZED COLLECTOR -- A licensed hauler (as defined herein); a recyclable collection permittee (as defined herein); or a person who, being so authorized by the terms of this article, removes municipal waste or recyclables from his or her own premises, as owner of the building or commercial, municipal or (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 2 institutional establishment or community activity conducted therein, or as an agent (as defined herein) of another person. BIMETALLIC CANS -- Empty food or beverage containers consisting of both steel and aluminum. BULKY ITEMS -- Discarded "white goods" (major appliances), televisions, mattresses, furniture, air conditioners and similar household items. COLLECTOR -- Any person who collects, for removal from premises, municipal waste or recyclables. COMMERCIAL -- Of or pertaining to any wholesale, retail, industrial, manufacturing, transportation, financial or professional service or office enterprise, business or establishment. COMMUNITY ACTIVITY -- An activity or event sponsored or organized by a public or private nonprofit organization for recreational, educational, cultural or civic purposes, which may be attended by members of the public, whether or not an entrance or participation fee is charged therefor. COMPOSTING -- The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product. COMPOSTING FACILITY -- A facility using land for processing of municipal waste by composting. CORRUGATED PAPER -- Structural paper material with an inner core shaped in rigid parallel furrows and ridges, of the type normally used to make packaging cartons and boxes. CURBSIDE COLLECTION -- A method of collection of residentially generated recyclables and municipal waste by which the owners or occupants of certain residential properties may dispose of their recyclables by placing them at curbside (along the street) or within the private right-of-way fronting along their property or which provides access to the property at times designated by the Antrim Township Supervisors or the collector for collection and removal by an authorized collector for delivery to a recycling center. DISPOSAL -- The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner such that the municipal waste or a constituent thereof enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania. DISPOSAL AREA -- Any site, location, area, building, structure, transfer station or premises to be used for municipal waste disposal. GARBAGE -- All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food. GLASS CONTAINERS -- All empty food and beverage jars or bottles made from silica or sand, soda ash and limestone, the product being transparent or translucent (either clear, green or brown); excluding, (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 3 however, blue glass, flat glass, plate glass, glass commonly known as "window glass," automotive glass and ceramic and porcelain products. HIGH-GRADE OFFICE PAPER -- Any white paper other than newsprint, magazines or other chemically coated paper or corrugated paper, of the type commonly used for letter writing stationery, note paper, plain paper, photocopying machines, computer printers, and other general-purpose paper, whether or not any printed or written matter is contained thereon. INSTITUTIONAL -- Of or pertaining to any establishment engaged in service to persons, including but not limited to hospitals, nursing homes, orphanages, schools, universities, churches and social or fraternal societies and organizations. LANDLORD -- The owner of residential property or such owner's authorized agent or representative. LEAF WASTE -- Leaves, garden residues, shrubbery and tree trimmings (less than four feet in length and two inches in diameter), and similar material, but not including grass clippings. LEAF COMPOSTING FACILITY -- A facility for composting vegetative material, including leaves, garden residue and chipped shrubbery and tree trimmings. The term does not include a facility that is used entirely or partly for composting grass clippings. LICENSED HAULER -- A person licensed by Antrim Township to collect, haul, transport and dispose of municipal waste. MAGAZINES -- Printed matter, also known as "periodicals," containing miscellaneous written prices published at fixed or varying intervals, printed on glossy or chemically coated paper. Expressly excluded are newspapers and all other paper products of any nature whatsoever. MULTIFAMILY HOUSING PROPERTY -- A type of residential property either under single ownership by a person or organized as a condominium or cooperative form of housing, which contains four or more dwelling units. MUNICIPAL -- Of or pertaining to any office or other property under the control of any branch or arm of the federal government of the United States of America, the Commonwealth of Pennsylvania, or any political subdivision of the Commonwealth of Pennsylvania, including but not limited to Antrim Township, any counties, cities, boroughs, townships and municipal authorities. MUNICIPAL WASTE -- An all-encompassing, most general term meaning 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, except farm produced manure; other agricultural waste; food processing waste used on land where such materials will improve the condition of the soil, the growth of crops or the restoration of the land for the same purposes; any sludge not meeting the definition of residual or hazardous waste as defined in Commonwealth of Pennsylvania Solid Waste Management Act;EN but excluding recyclables. (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 4 NEWSPRINT -- Paper of the type commonly referred to as newspaper and distributed at fixed or stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. The term "newsprint" expressly excludes glossy advertising inserts, magazines, glossy or other chemical coated paper, office paper and any other paper products of any nature. PERSON -- Any individual, partnership, cooperative enterprise, municipality, 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 rights and duties. In any provisions of this article prescribing a fine or penalty, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors. [Amended 7-8-1997 by Ord. No. 246] PLASTIC BEVERAGE CARRIER -- Plastic rings or similar plastic connectors used as holding devices in the packaging of beverages, including but not limited to all carbonated beverages, liquors, wines, fruit juices, mineral waters, soda and beer. PLASTIC CONTAINERS -- Empty plastic food and beverage containers, the specific types of which may, from time to time, be designated by resolution of the Antrim Township Supervisors. PRIVATE HOUSEHOLD WASTE -- Solid waste generated in a residence. PROCESSING -- Any technology used for the purpose of reducing the volume or bulk of municipal 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 stations, composting facilities and resource recovery facilities. PUBLIC CONTAINER -- Any device owned by any local, state or federal government in which solid waste is held for storage or transportation. RECYCLABLE COLLECTION PERMITTEE -- A person authorized by the Township, through the issuance of a permit therefor, to collect, transport and dispose of recyclables exclusively (and not municipal waste) for persons other than himself or herself, his or her immediate family, or persons for whom he or she is acting as an agent (as defined herein). RECYCLABLES -- Materials designated as recyclables in this article, or required by the terms of this article (or any amendment hereto) to be kept separate from municipal waste and recycled. RECYCLING -- The collection, separate maintenance, recovery, and sale or reuse of recyclables which would otherwise be disposed of or processed as municipal waste, or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy. RECYCLING CENTER -- A facility designed to and which does act as a collection center for the processing, storage, and shipment of recyclables. The term specifically excludes charitable organizations that accept recyclables for collection but do not process such recyclables. (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 5 RESIDENTIAL -- Of or pertaining to any dwelling unit used as place of human habitation and which is not commercial, municipal, institutional, or a community activity. Home occupations incidental to the residential use within a building are considered residential. RESOURCE RECOVERY FACILITY -- A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including but not limited to a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term also includes any facility for the combustion of municipal waste that is generated off-site, whether or not the facility is operated to recover energy. The term does not include: (1) Any composting facility. (2) Methane gas extraction from a municipal waste landfill. (3) Any separation and collection center, drop-off point or collection center for recycling or any source separation or collection center for composting leaf waste. (4) Any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day. RUBBISH -- Leaves, branches, trees, sawdust, chips, shavings, wood, woodenware, leather, rags, grass, straw and all solid combustible matter not included in this section under the definition of "garbage." SOLID WASTE -- Waste, including but not limited to municipal waste, residual or hazardous wastes (as defined in the Solid Waste Management Act of Pennsylvania),EN including solid, liquid, semisolid or contained gaseous materials. STEEL CANS -- Empty food or beverage containers made of steel, tin-coated steel, or other ferrous metal food or beverage containers. STORAGE -- The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such municipal waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal. This presumption can only be overcome by clear and convincing evidence to the contrary. TOWNSHIP -- Antrim Township, Franklin County, Pennsylvania. TRANSPORTATION -- The off-site removal of any municipal waste at any time after generation thereof. TRASH -- Any solid waste, excluding food waste. WASTE -- A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of. The term does not include source-separated recyclable (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 6 materials or material approved by the Commonwealth of Pennsylvania Department of Environmental Protection for beneficial use. YARD WASTE -- Grass clippings, prunings and other discarded materials from yards and gardens. YARD WASTE COMPOSTING FACILITIES -- A facility that is used to compost grass clippings, including a facility that is used to compost leaf waste. § 118-4. Dumping and littering. A. Dumping and littering prohibited. It shall be unlawful for any person to store, dump, discard or deposit or to permit the storage, dumping, discarding or depositing of any solid waste or recyclables upon the surface of the ground or underground within the Township, except in proper containers for purposes of storage or collection; however, if proper containers cannot be obtained for the purpose of storage or collection, then the solid waste or recyclables may be stored or collected without containers. It shall be unlawful for any person to dump or deposit any solid waste or recyclables in any stream, body of water or on any public right-of-way within the Township. B. Presumption of ownership. The presence of any articles containing a person's name among solid waste or recyclables shall create a rebuttable presumption, for purposes of this article, that said solid waste or recyclables are the property of the person whose name is found therein. This presumption can only be rebutted by clear and convincing evidence to the contrary. C. Agricultural activities. Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming operation, including composting and spreading of manure or other farm produced agricultural waste; provided that such activities are conducted in accordance with all applicable laws, rules and regulations. § 118-5. Preparation and storage of municipal waste. A. General. The storage of all municipal waste shall be practiced so as to prevent the attraction, breeding or harborage of insects or rodents and to prevent conditions which may create potential hazards to the public health or which may create fire and other safety hazards, odors, unsightliness or public nuisance. B. Standards for accumulation and storing. Any person accumulating or storing municipal waste on private or public property in the Township for any purpose whatsoever shall place the same, or cause the same to be placed, in sanitary closed or covered containers in accordance with the following standards: (1) Containers used for the storage of municipal waste shall be metal, plastic or fiberglass construction; rust and corrosion resistant, equipped with lids and waterproof (except that lids shall be optional on large bulk containers commonly known as "dumpsters"). (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 7 (2) All garbage shall be drained of excess liquids and wrapped in paper or be placed in plastic bags before being placed in the waste storage containers described above, and all ashes shall be free of any burning material before being deposited for collection. (3) No person, except the occupants of the property on which a waste container is placed, an authorized licensed hauler, and a Township official, employee or agent shall remove the lids of the container and/or remove the contents thereof. (4) All hazardous waste (as defined in the Solid Waste Management Act of PennsylvaniaEN), including but not limited to municipal waste of a highly flammable or explosive nature or highly infectious or contagious municipal waste, shall not be stored for ordinary collection, but shall be specifically disposed of in accordance with the directions of the Township or of any state or federal authority having jurisdiction thereof. (5) Containers, other than bulk containers, shall be placed at such locations as may be agreed upon by the person and the authorized licensed hauler. (6) Plastic bags may be used as inserts in the containers. (7) Containers may be placed at the agreed location for pickup not earlier than 5:00 p.m. of the day prior to the day of collection. (8) Bulk containers (such as dumpsters) shall be placed, whenever possible, at ground level and at a point on the property being serviced by the collector which will enable clear and easy access to the container by the collector's vehicle. (9) Bulk containers shall not be permitted to overflow or to have waste strewn or left about them on the ground. A violation of this provision shall be deemed a violation of this article by the person on whose property the bulk container is located, if it is located on private property. § 118-6. Collection required; hours of collection. A. Property owner compliance. All owners of property within the Township shall provide for the regular preparation, collection and removal of all municipal waste generated at such properties in one of the approved manners set forth herein. (1) Self-collection and removal. If a person, agent or establishment (being so authorized by the terms hereof) collects and removes their own municipal waste, they shall do so at a minimum of every 30 days or at shorter intervals, in order to prevent odors, vectors or accumulations of refuse or garbage that are unsafe, unsightly, or potentially harmful to the public health. Any municipal waste so removed shall be disposed of in accordance with the requirements of this article. (2) Contracts with licensed haulers. (a) Every owner or occupant of residential property and every other person who, or establishment which, does not collect and remove their own municipal waste, as aforesaid, shall contract with a (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 8 licensed hauler for the regular, scheduled curbside collection and removal of the municipal waste at least once each week. Municipal waste shall be prepared for collection and be collected and removed from such person's or establishment's property at least once each week, except where conditions beyond the control of the licensed hauler prevent it. No person other than a licensed hauler or an agent shall collect or remove municipal waste from any other person's property. (b) All agreements for collection, transportation, and disposition of municipal waste shall be by private contract between the owner or occupant of the property where the waste is generated and the licensed hauler who is to collect such waste. B. Collection on Sunday prohibited. Licensed haulers shall not collect residential municipal waste from properties within the Township limits on Sunday. C. Township collection/contracts. Nothing herein shall limit the right of the Township to implement public collection of solid waste either by entering into contracts or by engaging in any collection practice permitted by law. D. Private hauling permitted. Nothing contained herein shall be deemed to prohibit any person from hauling municipal waste on an irregular and unscheduled basis to a facility permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection, and which is approved for disposal in the Franklin County Solid Waste Plan, provided that such hauling shall be in addition to, and not in place of, the regular removal of municipal waste as required by this section and provided that such is not in violation of any county or other municipal law or regulation. E. Recyclables; leaf waste. Nothing in this section shall modify the requirements in this article pertaining to separation and disposal of recyclables. Nothing in this section shall impair the ability of the Township to provide a system of placement for removal and public collection of leaf waste, or the Township residents to utilize such system of public collection of leaf waste, anything herein contained to the contrary notwithstanding. § 118-7. Transportation of municipal waste. A. Any person transporting municipal waste within the Township shall prevent or remedy any spillage from vehicles or containers used in the transport of such municipal waste. B. All persons authorized to collect municipal waste shall do so in vehicles that are provided with either closed, covered containers or which have measures taken to prevent waste from being blown or falling from the vehicle. § 118-8. Public containers. The use of public containers for the disposal of private household waste will be prohibited. § 118-9. Disposal of leaf waste. (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 9 A. Unless otherwise providing for composting, all persons shall keep leaf waste separate from all other forms of municipal waste and separate from recyclables. Such waste shall be set out for collection in a manner to be designated by the collector and shall be disposed of by the collector in accordance with Pennsylvania Department of Environmental Protection regulations. B. Nothing herein shall require any person to gather leaf waste or prevent any person from utilizing leaf waste for compost, mulch or other agricultural purposes. § 118-10. Separation of recyclables. A. General. Recyclables shall be kept separate from and disposed of separately from municipal waste, to the extent required by the following provisions and the hauler's guidelines: (1) Owners and occupants of all residential property shall keep separate from other waste but may commingle (mix) the following recyclables: clear glass, colored glass and aluminum, steel and bimetallic cans, and newsprint which shall each be tied or bundled separately. (2) Owners and occupants of all commercial, municipal and institutional establishments and properties and sponsors or organizers of community activities shall keep separate from other waste but may commingle (mix) the following recyclables: clear glass, colored glass, aluminum, steel and bimetallic cans. Corrugated paper, high-grade office paper and newsprint shall each be tied or bundled separately. (3) Alternatively the Township Supervisors may by resolution enumerate alternative recyclables which will be required to be separated from municipal waste and collected in accordance with this article. B. Paper products; metal; glass; limitations. Corrugated paper, high-grade office paper and newsprint shall be placed in easy-to-manage bundles not to exceed 40 pounds and kept dry. Glass containers and aluminum, steel and bimetallic cans shall be emptied. Aluminum, steel and bimetallic cans and glass containers may be mixed together and shall be placed in containers which when full shall not exceed 40 pounds. Lids shall be removed from all glass containers. High-grade office paper shall be placed in containers not to exceed 40 pounds. Recyclables shall not be placed in the same garbage can or other container as, or otherwise mixed with, municipal waste for collection, removal or disposal. Recyclables shall not be placed in plastic bags or corrugated boxes. C. Alternative procedures. Recyclables may be set out for collection in a manner different from the requirements in Subsection B above if an alternative manner is designated by the collector and is approved by the Township. § 118-11. Removal of recyclables from residential properties. A. General. For residential properties other than multifamily housing projects, all recyclables which are required to be kept separate in residential properties pursuant to § 118-10 above, shall be placed at the appropriate location on the premises to be collected at times designated by the licensed hauler or recyclable collection permittee. The frequency of such collection shall be not less than once per month. (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 10 B. Licensed hauler; location of recyclables. If the recyclables are to be collected by a licensed hauler, then the recyclables shall be set out within the public right-of-way for collection. C. Other collectors; location of recyclables. If the recyclables are to be collected by an authorized collector other than a licensed hauler then the recyclables shall be placed at an area other than within the public right-of-way. § 118-12. Removal of recyclables from multifamily housing properties. A. General. (1) For multifamily housing properties, all recyclables which are required to be kept separate in residential properties pursuant to § 118-10 above shall either be delivered directly to a recycling center or shall be picked up by a recyclable collection permittee or a licensed hauler separately from municipal waste in a prearranged manner. If any recyclables are picked up by a recyclable collection permittee, then all recyclables generated at the property shall be made available to such recyclable collection permittee for collection. The landlord of every multifamily housing property shall require, by a clause in the lease or other enforceable rule or regulation, that the tenants in such property comply with the requirements of this article governing separation and disposal or placement for removal of recyclables in multifamily housing properties. Every such landlord shall set up a convenient and practical collection system in such properties for the collection, storage and regular disposal or placement for removal of recyclables generated by the residents of such properties. (2) The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. B. Compliance. Owners, landlords and agents of owners or landlords who comply with the aforementioned requirements relative to multifamily housing properties shall not be liable for the noncompliance of occupants of their building. § 118-13. Removal of recyclables from commercial, municipal and institutional properties and community activities. All recyclables which are required to be kept separate in commercial, municipal and institutional establishments and properties and community activities pursuant to § 118-10, above, shall either be delivered directly to a recycling center or shall be picked up by a recyclable collection permittee or a licensed hauler separately from municipal waste in a prearranged manner. If any recyclables are picked up by a recyclable collection permittee, then all recyclables generated at the property shall be made available to such recyclables collection permittee for collection. § 118-14. Recycling reports for multifamily housing properties. A. Reports required. The landlord of every multifamily housing property or his or her agent or representative shall complete a form to be designated "Recycling Report - Multifamily Housing (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 11 Properties," to be provided by the Township, which shall indicate where the property's recyclables were delivered. B. Responsibility; time for submitting. The recycling report and all weigh slips obtained from the facility or facilities to which the recyclables were delivered or taken shall be submitted quarterly to the Township. For purposes of submitting such weigh slips and recycling reports quarterly to the Township, the collector who removed the recyclables from the property shall be the agent for the landlord and shall be responsible for completing and submitting such to the Township. Each such quarterly report shall be submitted on or before the last day of the first month of each quarter, for the preceding quarter. Quarters shall run on a calendar-year basis thus: January through March; April through June; July through September; and October through December. § 118-15. Recycling reports for commercial, municipal and institutional establishments and community activities. A. Reports required. Every commercial, municipal and institutional establishment and community activity sponsor shall complete a form to be designated "Recycling Report - Commercial, Municipal and Institutional Establishments and Community Activities," to be provided by the Township, which shall indicate where the establishment's or activity's recyclables were delivered. B. Responsibility; time for submitting. The recycling report and all weigh slips obtained from the facility or facilities to which the recyclables were delivered or taken shall be submitted quarterly to the Township. For purposes of submitting such weigh slips and recycling reports quarterly to the Township, the collector who removed the recyclables from the property shall be the agent for the operator of the establishment or sponsor of the activity and shall be responsible for completing and submitting such to the Township. Each such quarterly recycling report shall be submitted on or before the last day of the first month of each quarter, for the preceding quarter. Quarters shall run on a calendar year basis, thus: January through March, April through June; July through September; and October through December. § 118-16. Collection by unauthorized person. A. From the time of placement for collection of residentially generated recyclable items for collection in accordance with the terms of this article, the items shall be and become the property of the Township or its authorized agent. It shall be a violation of this article for any person unauthorized by the Township to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided. B. It shall be unlawful for a person to collect, remove or dispose of municipal waste which contains recyclables, required to be separated by that person, combined therewith.EN § 118-17. General regulations for collectors. (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 12 A. General. It shall be unlawful for any person, other than such persons as are duly authorized by the Township, to collect and to transport municipal wastes of any nature or recyclables within or from the Township. B. Authorization required. Authorization to collect, transport and dispose of municipal waste or recyclables for persons other than one's self or for whom one is acting as an agent (as defined in this article) may be given only by the Township through the issuance of a hauler's license or a recyclable collection permit. A person who collects recyclables only shall apply for and obtain a recyclable collection permit. A person who collects municipal waste exclusively or in addition to recyclables shall apply for and obtain a hauler's license. C. Rules and regulations. The Board of Supervisors may, from time to time by resolution, promulgate rules and regulations reasonable and necessary for the proper and effective administration of this article. The Board may also, from time to time, revise or alter application forms and any other forms reasonable and necessary to the proper and effective administration of this article. D. Compliance by haulers and permittees. All licensed haulers and recyclable collection permittees shall have an affirmative duty to follow and conduct themselves in accordance with their current license or permit, and to service each of their customers in accordance with the requirements of this article and rules and regulations as may be promulgated from time to time by resolution of the Board of Supervisors, any failure of which shall be a violation of this article. E. Limited exemptions. Collectors of bulky items, trash and rubbish who collect on a unscheduled, sporadic basis, (such as "you call, we haul" operators) shall be exempt from these regulations. F. Approval of applications. All applications for such licenses or permits shall be evaluated and approved in accordance with the criteria set forth in the rules and regulations. § 118-18. Licensed haulers to remove recyclable materials. A. Residential customers. Every hauler, as a precondition to being licensed to do business within the Township, shall be required to provide to its residential customers the service of removing recyclables from their properties at the curbside (within the public right-of-way). Any such recyclables so removed by licensed haulers shall be kept separate from municipal waste, and shall be taken to a recycling center. Licensed haulers shall take all of their customers recyclable materials to a recycling center. B. Commercial, municipal and institutional establishments and properties. Every hauler, as a precondition to being licensed to do business within the Township, shall be required to provide to its commercial, municipal, institutional and multifamily housing property customers the service of removing recyclables from their properties. Any such recyclables so removed by licensed haulers shall be kept separate from municipal waste and shall be taken to a recycling center. Licensed haulers shall take all of their customers' recyclable material to a recycling center. § 118-19. Acceptance of unlawfully disposed of recyclables prohibited. (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 13 A. Haulers' responsibilities. No licensed hauler shall accept, pick up or remove any bag or other container of municipal waste which the hauler knows or has reason to believe contains recyclables required to be separated, combined with municipal waste. B. Administration. Upon discovery of such recyclables combined with municipal waste placed at curbside or otherwise placed for pick up, the hauler shall affix a tag or sticker to the container containing the recyclables (which tag or sticker will be provided by the hauler), retain a duplicate for his or her records, and deliver a triplicate to the designated office of the Township within 48 hours. When the hauler utilizes a tag or sticker pursuant to this section, he or she shall fill in the information requested thereon, including the address at which the container is located and the reason which led him or her to know or believe the container contained recyclables (e.g., he or she saw newspaper or he or she heard bottles rattling). The hauler shall leave such container with the tag or sticker placed thereon where he or she found it. § 118-20. Removal of bulky items by licensed haulers. All licensed haulers doing business within the Township shall make available to their customers the service of removal of "bulky items" not less than frequently than once per year. § 118-21. Missed pickup. In the event of any missed pickup, the collector shall collect from the missed location before the end of the next business day. § 118-22. Complaints regarding collection. [Amended 7-8-1997 by Ord. No. 246] All complaints regarding collection of recyclables or solid waste shall initially be reported to the collector. Any reasonable complaint shall be given prompt and courteous attention by the collector. Any complaint which the collector fails to resolve shall be reported in writing to the Township. § 118-23. Community-oriented charitable activities. A. Voluntary projects; authorization required. Nothing contained herein shall impair or prohibit any recognized religious, civic, fraternal, charitable or benevolent organization, association or society from undertaking or sponsoring voluntary programs or projects involving the collection of recyclables from the public. Any such collection activity can only occur prior to the recyclable materials being placed at curbside or similar location for collection by an authorized collector. Prior to initiating such activity the organization shall obtain authorization from the Township. B. Sale/donation of recyclables. Nothing herein shall be deemed to prohibit any person from donating or selling any recyclables to individuals or organizations unless or until such recyclables are placed at curbside or a similar location for collection by an authorized collector. § 118-24. Violation and penalties. (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 14 A. This article 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 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 that is violated shall also constitute a separate offense. [Amended 7-8-1997 by Ord. No. 246] B. For the purpose of this section, the doing of any act or thing prohibited by any provision of this article, or the failure to do any act or thing as to which any provision of this article creates an affirmative duty, shall constitute a violation of this article, punishable as herein stated. ARTICLE II, Landfills [Adopted 8-6-1992 by Ord. No. 222] § 118-25. Title. This article shall be known and may be cited as "Antrim Township Landfill Ordinance." § 118-26. Definitions and word usage. A. As used in this article, the following terms shall have the meanings indicated: BOARD -- The Board of Supervisors of Antrim Township. LANDFILL -- Includes municipal waste and residual landfills. PRIME AGRICULTURAL SOILS -- Soils classified as "prime agricultural soils" in Plat Number 8 of the Comprehensive Plan for Antrim and Greencastle, dated April 14, 1992, and approved June 1 and June 9, 1992. B. The definitions contained in the Solid Waste Management Act (35 P.S. § 6018.101 et seq.), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. § 4000.101 et seq.), and regulations promulgated pursuant to those acts, are applicable to this article. C. In this section, the singular shall include the plural, and the masculine shall include the feminine and neuter. § 118-27. Conditions. Municipal waste landfills and residual landfills shall be permitted subject to the conditions stated in this article. § 118-28. General regulation. (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 15 Landfills must be conducted and maintained in such a manner as to ensure the health, safety and welfare of the citizens of Antrim Township. § 118-29. Location of landfills within the Township. A. Landfills shall not be located in an area with soils classified by the Soil Conservation Service as prime agricultural soils. B. A landfill shall not be located on property which has any creek, stream, run or any other free- flowing body of water within 100 feet of the boundary lines of said landfill, nor shall any such creek, stream, run or free-flowing body of water run through any land upon which it is proposed to locate a landfill. Temporary water runoff such as that present in swales after a rainstorm shall not be considered a creek, stream, run or any other free-flowing body of water for the purpose of this article. C. No part of the landfill shall be established within 500 feet of any occupied dwelling. D. No landfill shall be established within 300 feet of any building that is currently being occupied by people for periods in excess of five hours per day. E. No landfill shall be established within 100 feet of a property line. F. No landfill shall be established within 100 feet of a public right-of-way. Where the right-of-way is bounded on both sides by a landfill, under a single ownership, the landfill shall be set back 100 feet on each side of the right-of-way. G. No part of a landfill shall be established within 1,500 feet of a water supply for domestic use. § 118-30. Buffer zone; fencing; planting. A. Buffer zone. There shall be a two-hundred-foot buffer zone between the landfill and the adjoining properties. B. Plantings. Trees and/or shrubs shall be planted to screen the landfill from view and from adjacent rights-of-way. The plantings must consist of evergreen trees and shrubs designed and planted so as to completely screen the landfill from view and create a solid screen six feet in height. The planting shall be located between the right-of-way line and the fencing required by Department of Environmental Protection (DEP) rules and regulations, leaving ample area so as not to obstruct or encroach upon the right-of-way line when plantings are sufficiently grown, and leaving sufficient area and space for vehicles to pass between adult plantings and fencing. C. Fencing. Fencing shall be as required by DEP rules and regulations. § 118-31. Hours of operation. The landfill shall be opened, and dumping and depositing therein shall be permitted only from 7:00 a.m. to 4:30 p.m. Monday through Friday, and 7:00 a.m. to 11:30 a.m. Saturdays. However, on the Saturday immediately following a week within which a national holiday occurs, the landfill shall be allowed to (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 16 remain open from 7:00 a.m. to 4:30 p.m. on that Saturday. The following are national holidays: Christmas, Easter, Thanksgiving, Fourth of July, Memorial Day, Martin Luther King Day, Presidents' Day, Labor Day. § 118-32. Dirt and debris from trucks. In order to prevent trucks departing the landfill from depositing dirt and debris on public roads, all access roads shall be paved with macadam 1,000 feet from the point the access road intersects with the public roads or, in the alternative, all trucks leaving the landfill shall be washed immediately prior to departing. The truck shall be washed in such a manner to prevent debris and dirt from being deposited on public roads. § 118-33. Landfill application; approval. A. No person shall start, maintain, continue to maintain, or expand, whether for commercial purposes or otherwise, any landfill within Antrim Township unless such landfill has an approved landfill application from the Board of Supervisors of Antrim Township. Application for such approval shall be made to the Board of Supervisors of Antrim Township and shall be in writing, under oath and in the form prescribed by the Board of Supervisors. B. Required information. (1) Said application shall contain the following information: (a) Name of the applicant and address for the past five years, the location of the premises upon which the landfill is to be conducted, and the name of the owner or owners of said property, if other than the applicant. (b) Upon any subsequent applications, a statement that during the preceding term of his or her approval he or she complied with and maintained the premises in full compliance with the provisions of this article. (c) A description of the premises upon which the landfill is to be established, specifying therein setback lines, structures erected thereon, any premises to be so used, and the book and page number identifying the deed of record as recorded by the Franklin County Recorder of Deeds. (2) If the applicant is a partnership or association, the applicant shall furnish the information required in Subsection B(1) above for every member of the association or partnership. If the application is a corporation, the applicant shall furnish the information requested in Subsection B(1) above for each officer and director thereof. (3) The application shall be signed by the applicant if an individual; by all members if the applicant is a partnership or association; and by the president, secretary and chairman of the board, if the applicant is a corporation. (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 17 (4) A physical plan of the landfill drawn to scale shall be submitted with the application, including the following: (a) Tac metes and bounds upon which the landfill is to be maintained, the area presently in use as a landfill, and the area for which a permit has been granted by the Department of Environmental Protection under the Solid Waste Management Act, as amended.EN (b) All streams, creeks, runs or other free-flowing bodies of water within 500 feet of any present or intended landfill. (c) All property lines within 200 feet of the landfill. (d) All buildings within 400 feet of the landfill. (e) All rights-of-way within 200 feet of the landfill. (f) All water supplies for domestic use within 2,000 feet of the landfill. (g) Proposed planting locations designed in compliance with § 118-30B. (h) Soil embankments for noise, dust and visual barriers; and heights of soil mounds, including proposed soil erosion and sedimentation control which has been favorably reviewed by the Soil Conservation Service. (i) Stormwater management provisions. (j) Interior road pattern identifying their relation to yard operation and points of ingress and egress onto state and Township roads. (k) Source of water, if plans show use of water, and location of all monitoring wells. (5) The applicant shall also submit to the Township a site plan showing the appearance of the site following termination of any landfill activity. Such plan must show: (a) Final grading contours. (b) Planned ultimate use and ownership, if known, of the site after termination of the landfill. (6) A separate application is required for each landfill. (7) The application, with the required fees, deposits, written approvals, comments and/or recommendations, as well as other documents or evidence that may be required by any federal, state, or local board or agency shall be submitted to Antrim Township at the Antrim Township Municipal Building during regular business hours, at least 15 calendar days prior to the next scheduled meeting of the Antrim Township Board of Supervisors at which said application is to be reviewed. (8) The application shall have attached to the application form, in addition to these aforereferenced approvals, the comments and recommendations of the Antrim Township Planning Commission, the (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 18 Antrim Township Zoning Hearing Board, the Antrim Township Zoning Officer, the Antrim Township Solicitor, the Antrim Township Administrator and the Antrim Township Secretary. (9) The comments and recommendations required in Subsections B(7) and (8) above shall be obtained at the expense of the applicant and shall be submitted as required under Subsection B(7). (10) Every prospective landfill shall pay an application fee of an amount set forth from time to time by resolution of the Board of Supervisors, for each application. An application renewal fee, of an amount set forth from time to time by resolution of the Board of Supervisors, shall be paid annually on the anniversary of the effective date of the initial approval. Said fees are to defray Township costs of administering this article. [Amended 7-8-1997 by Ord. No. 246] (11) Approvals shall be issued for a term of one calendar year. (12) The landfill may be inspected and reviewed at any time during the one-year term of the initial approval of the application. A failure to comply with this article can result in said approval being revoked by Antrim Township. (13) The Board of Supervisors of Antrim Township, upon receipt of an application timely filed, shall review said application at its next regularly scheduled meeting. After an examination of the application, the Board of Supervisors will consider the suitability of the proposed premises for the purpose, the character of the property adjacent thereto, the effect of the proposed use on the surrounding properties, the environment, as well as the health, welfare and safety of the citizens of the Township. Upon approval of the application, the Board of Supervisors of Antrim Township shall stamp the application approved. The name of the landfill owner and address of the premises approved for use as a landfill shall be designated upon said approval. Said approval shall be at all times conspicuously displayed and posted upon the premises. Said approval issued by the Board of Supervisors is not transferable or assignable. (14) No subsequent approval shall be issued to any applicant who has shown a lack of ability or intention to comply with any provision of this article. § 118-34. Escape of municipal and residual waste. The landfill shall prevent any municipal and residual waste, including the residue of said waste, from blowing, leaking or otherwise escaping from the landfill onto any public or private property in Antrim Township. In the event of a violation of this article, in addition to any other penalties provided herein, the applicant shall remove and/or clean any such refuse within 24 hours unless prevented from doing so in an emergency caused by adverse weather conditions. If the applicant shall be prevented from cleanup within 24 hours by adverse weather conditions, he or she shall have 24 hours after the weather condition is clear to correct the problem. § 118-35. Liability insurance required. (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 19 A. The landfill shall provide liability insurance in the amount of $10,000,000 for claims of liability against the Township, the Board of Supervisors, its employees, agents, or representatives. However, the Board of Supervisors may require the amount of the liability insurance to be increased in order to prevent adverse effect upon public health and safety or public welfare and the environment while the landfill is active and after closure. B. Any cancellation of the landfill owner's insurance, either in part or in total, shall be just cause of revocation of the approval issued under this article. § 118-36. Responsibility for cleanup and policing. The landfill shall be responsible for the cleanup and policing of all areas and adjacent properties to which any materials are spread by natural or artificial means from said municipal waste landfill site. § 118-37. Inspection; right of entry. A. The Township, or its designated agent, shall have the right to enter the landfill site for the purpose of monitoring compliance with this article without notice during normal operational hours, and shall have the right to inspect during nonoperating hours upon 24 hours advance notice to the landfill. B. Pursuant to the Municipal Waste Planning, Recycling, and Waste Reduction Act (53 P.S. § 4000.101, et seq.), certain employees of Antrim Township have been certified as municipal inspectors to ensure that municipal waste landfills are in compliance with the Solid Waste Management Act (35 P.S. § 6018.101 et seq.). Said employees are appointed and authorized to enforce the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act and regulations promulgated pursuant to said acts on behalf of Antrim Township. § 118-38. Violations and penalties. [Amended 7-8-1997 by Ord. No. 246] This article 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 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 that is violated shall also constitute a separate offense. § 118-39. Declaration of nuisance. In addition to the enforcement remedies as set forth in § 118-38, the Board of Supervisors of Antrim Township hereby declares any accumulation of municipal or residual waste in violation of this article to be a nuisance, and the Board of Supervisors shall give written notice to the owner or owners of land upon which said waste is deposited in violation of this article to remove, or cause to be removed, such waste, or to abate such nuisance, and upon failure of such owner or owners to remove such waste, or to abate such nuisance, and a twenty-day period after such notice to remove or abate the same, the Board of Supervisors may cause said land to be entered upon and said waste removed and/or said nuisance (3/8/2012) Dan Wolfe - CHAPTER 118.pdfPage 20 abated, and may collect the costs of such removal and/or abatement from the owner or owners of said land. § 118-40. Conflicts with other provisions. If this article is in conflict with the Solid Waste Management Act, as amended,EN the Municipal Waste Planning, Recycling and Waste Reduction Act,EN or the regulations promulgated pursuant to said acts, then the ordinance or act imposing the most stringent requirement shall apply.