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HomeMy WebLinkAboutGreene Solid Waste and Burn OrdinanceTownship of Greene, PA Chapter 73. SOLID WASTE MANAGEMENT Page 1 of 13 Township of Greene, PA Thursday, March 8, 2012 [HISTORY: Adopted by the Board of Supervisors of the Township of Greene 8 -21 -1990 by Ord. No. 2 -1990. Amendments noted where applicable.] Article I. General Provisions § 73 -1. Scope. This chapter shall govern and control all aspects of the collection, storage, transportation, processing, and disposal of municipal waste, and recycling, in Greene Township. It contains regulations applicable to haulers of municipal waste, collectors of recyclables, individuals, commercial, municipal, and institutional establishments, and community activities. § 73 -2. Purpose. This chapter 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. § 73 -3. Definitions. As used in this chapter, the following terms shall have the meanings indicated AGENT One who performs an act for his 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. Editor's Note: The definition for "authorized collector, " which immediately followed this definition, was repealed 6 -26 -2007 by Ord. No. 2007 -7. BIMETALLIC CANS Empty food or beverage containers consisting of both steel and aluminum. BULKY ITEMS Discarded "white goods" (major appliances), televisions, mattresses, furniture and similar household items. CLEARING AND GRUBBING WASTES Trees, shrubs and other native vegetation which are cleared from land during or prior to the process of construction. The term does not include demolition wastes and dirt-laden roots.[Added 9 -28 -2004 by Ord. No. 2004 -7] COMPOSTING http: / /www.ecode360.com /print/GRI759 3/8/2012 Township of Greene, PA Page 2 of 13 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. COLLECTOR A general term referring to any person who collects, for removal from premises, municipal waste or recyclables. COMMERCIAL Of or pertaining to any wholesale, retail, industrial, manufacturing, transportation, or 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. 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 (within the public right -of -way fronting along their property), at times designated by the Greene Township Supervisors, for collection and removal by an authorized collector thereof 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, 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 http: / /www.ecode360.com /print/GR1759 3/8/2012 Township of Greene, PA Page 3 of 13 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. Editor's Note: The definitions for "leaf composting facility" and "leaf waste, " which originally followed this definition, were repealed 9 -28 -2004 by Ord. No. 2004 -7. The definition for "licensed hauler, " which followed this definition, was repealed 6 -26 -2007 by Ord. No. 2007 -7. 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 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 Greene 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, and 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, and any sludge not meeting the definition of "residual or hazardous waste" as defined in Commonwealth of Pennsylvania Solid Waste Management Act; Editor's Note: See 35 P.S. § 6018.101 et seq. but excluding recyclables. NEWSPAPER Paper of the type commonly referred to as "newsprint" 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 "newspaper" expressly excludes glossy advertising inserts, magazines, glossy or other chemically coated paper, office paper, and any other paper products of any nature. OPEN BURNING (FIRE) A fire in which any solid waste is burned in the open or in a receptacle other than a furnace or an incinerator permitted by the Pennsylvania Department of Environmental Protection. [Amended 3 -26- 2002 by Ord. No. 2002 -4] PERSON Any individual, partnership, corporation, association, institution, 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 chapter 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. PLASTIC BEVERAGE CARRIER http: / /www.ecode360.com /print/GRI759 3/8/2012 Township of Greene, PA Page 4 of 13 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 Greene Township Supervisors. 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. Editor's Note: The definition for "recyclable collection permittee, " which immediately followed this definition, was repealed 6 -26 -2007 by Ord. No. 2007 -7. RECYCLABLES Materials designated as recyclable in this chapter, or required by the terms of this chapter (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 transfer stations and landfills for solid waste and composting facilities and resource recovery facilities; and specifically excludes charitable organizations that accept recyclables for collection but do not process such recyclables. RESIDENTIAL Of or pertaining to any dwelling unit used as a place of human habitation and which is not commercial, municipal, institutional, or a community activity. Home occupations incidental to be 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 recovery energy. The term does not include: A. Any composting facility. B. Methane gas extraction from a municipal waste landfill. C. Any separation and collection center, dropoff point or collection center for recycling, or any source separation or collection center for composting leaf waste. D. 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 http: / /www.ecode360.com /print/GR1759 3/8/2012 Township of Greene, PA Page 5 of 13 Waste, including but not limited to municipal, residual or hazardous wastes, 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 Greene Township, Franklin County, Pennsylvania. TRANSPORTATION The off -site removal of any municipal waste at any time after generation thereof. 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 materials or material approved by the Commonwealth of Pennsylvania Department of Environmental Protection for beneficial use. [Amended 3 -26 -2002 by Ord. No. 2002 -4] YARD WASTE Leaves, grass clippings, garden residue, tree trimmings, clipped shrubbery and other vegetative material. [Added 9 -28 -2004 by Ord. No. 2004 -7] YARD WASTE COMPOSTING FACILITY A facility that is used to compost leaf waste, or leaf waste and grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative material. The term includes land affected during the lifetime of the operation, including but not limited to areas where composting actually occurs, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on -site or contiguous collection and transportation activities, and other activities in which the natural surface has been disturbed as a result of or incidental to operation of the facility. [Amended 9 -28 -2004 by Ord. No. 2004 -7] § 73-4. Dumping; litter. A. 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, and except where the waste or recyclables are of such size or shape as not to permit their being placed in such 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. The presence of any articles containing a person's name among solid waste or recyclables shall create a rebuttable presumption, for purposes of this chapter, 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. Every owner of property or occupant thereof responsible for such property's day -to -day operation or maintenance shall pick up and discard in an appropriate receptacle any municipal waste, recyclables, or other debris deposited or accumulated on the sidewalk or gutter in front of or adjacent to such property. All owners or operators of commercial, industrial, institutional and municipal establishments in the Township shall take all reasonable precautions to prevent the deposition and accumulation of debris in front of their premises, and in furtherance of that http: / /www.ecode360.com /print/GRI759 3/8/2012 Township of Greene, PA Page 6 of 13 end, may place appropriate waste containers on the sidewalks in front of or adjacent to their premises at a point which will not create a hazard to traffic or pedestrians. Any such receptacles so placed shall be emptied on a regular basis and maintained in a neat and clean appearance. D. 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. § 73 -5. Preparation and storage of municipal waste. A. 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. 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 of 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 "). (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, a hauler authorized by the occupant, a Township official, employee or agent shall remove the lids of the container and /or remove the contents thereof. [Amended 6 -26 -2007 by Ord. No. 2007 -7] (4) All hazardous waste, 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 specially 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 in such locations as may be agreed upon by the occupant and the hauler authorized by the occupant to collect municipal waste except that no such container may be placed upon the cartway or in the public right -of -way of any state or Township road without the express permission of the state or the Township as appropriate. [Amended 6 -26 -2007 by Ord. No. 2007 -7] (6) 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. (7) 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 chapter by the person on whose property the bulk container is located, if it is located on private property. http: / /www.ecode360.com /print/GR1759 3/8/2012 Township of Greene, PA Page 7 of 13 § 73 -6. Required collection and hours of collection. A. 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. B. If a person 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 chapter. C. 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 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 persons' or establishments' properties at least once each week, except where conditions beyond the control of the hauler prevent it. [Amended 6 -26 -2007 by Ord. No. 2007 -7] D. No person other than the contracted hauler shall collect or remove municipal waste from any other person's property. [Amended 6 -26 -2007 by Ord. No. 2007 -7] E. 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. F. Haulers shall not collect residential municipal waste from any properties within the Township limits on Sunday. [Amended 6 -26 -2007 by Ord. No. 2007 -7] G. 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. H. 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 (or to a transfer station from which it will be taken and ultimately disposed of at such a facility), 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. [Amended 3 -26 -2002 by Ord. No. 2002 -4] L Nothing in this section shall modify the requirements in this chapter 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. § 73 -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. http: / /www.ecode360.com /print/GRI759 3/8/2012 Township of Greene, PA Page 8 of 13 B. All haulers of municipal waste within Township boundaries who shall allow waste to leak from, fall from or be blown from a transporting vehicle or container shall be guilty of a summary violation as otherwise defined in this chapter and be subject to the penalties hereinafter set forth. [Amended 6 -26 -2007 by Ord. No. 2007 -7] C. The transfer of waste from one collection vehicle to another may not take place in the Township, except on private property in those areas of the Township designated for such by the Township. No such transfer may take place on any public right -of -way, and no such transfer operation may block traffic, create litter, or in any other manner constitute a nuisance, create a health hazard, or violate any other ordinance of the Township or provision of statutory law. § 73 -8. Open burning. No person shall ignite, cause, feed, permit or maintain any open fire for the destruction of solid waste on any property under his control, except as hereinafter provided. A. Exceptions to open burning prohibition. [Amended 7 -9 -2002 by Ord. No. 2002 -5; 9 -28 -2004 by Ord. No. 2004 -7] (1) A fire set to prevent or abate a fire hazard, when approved by the Pennsylvania Department of Environmental Protection and set by or under the supervision of a public officer. (2) Any fire set for the purpose of instructing personnel in fire fighting, when approved by the Pennsylvania Department of Environmental Protection. (3) A fire set for the prevention and control of disease or pests, when approved by the Pennsylvania Department of Environmental Protection. (4) A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation. (5) A fire set for the purpose of burning, clearing and grubbing waste in accordance with 25 Pa. Code 129.14. (6) A fire set solely for recreational or ceremonial purposes. (7) A fire set solely for cooking food. B. The Board of Supervisors shall have the power to determine that hazardously dry weather conditions exist, from time -to -time, during which open fires would be hazardous to the health, comfort, safety, and property of the citizens of Greene Township. When the Board makes such a determination, it shall cause there to be published a notice that all open burning within the Township shall be prohibited until such time as the Board determines that the hazardously dry weather conditions no longer exist. When the Board determines that such conditions no longer exist, it shall cause there to be published public notice of that determination. The public notice referenced above shall be given by the Board by publication in at least one newspaper of general circulation within Greene Township one time and by posting such notice at the Greene Township Municipal Building. The prohibition against open fires shall take effect upon publication of such notice and shall continue in effect until publication of the notice that the prohibition has been terminated. [Added 9 -10 -2002 by Ord. No. 2002 -7] http: / /www.ecode360.com /print/GR1759 3/8/2012 Township of Greene, PA § 73 -9. Dumpster permits. Page 9 of 13 Any collector or other person who desires to place any large bulk container commonly known as a "dumpster" on a street or other public right -of -way in the Township shall, prior to such placement, obtain from the Township a permit authorizing such placement. One such permit shall be obtained for each dumpster to be placed on any public street or right -of -way. A fee shall be collected by the Township for each such permit issued, in an amount to be established by resolution of the Township. The permits required hereunder shall be in the form of a sticker or other device capable of being affixed to the dumpster for which the permit is issued, and the permit shall be so affixed to the dumpster by the permittee in accordance with instructions of the Township pertaining thereto. The permits issued pursuant to this section shall be nontransferable and may be used only by the permittee to whom originally issued, for the dumpster and at the location for which originally issued. § 73 -10. Public litter baskets. [Amended 6 -26 -2007 by Ord. No. 2007 -7]The Township is hereby authorized to collect municipal waste from Township property, to provide public litter baskets on sidewalks in the Township and to dispose of such waste in either a receptacle of a contracted hauler or at designated disposal sites. § 73 -11. (Reserved) Editor's Note: Former § 73 -11, Collectors to furnish name and address of property owners, was repealed 6- 26 -2007 by Ord. No. 2007 -7. § 73 -12. Disposal of leaf waste. [Amended 3 -26 -2002 by Ord. No. 2002 -4; 9 -28 -2004 by Ord. No. 2004- 7]Unless otherwise providing for composting, all persons shall keep yard 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 at a yard waste composting facility operating in accordance with Pennsylvania Department of Environmental Protection Regulations and Guidelines for Yard Waste Composting Facilities. Nothing herein shall require any person to gather yard waste or prevent any person from utilizing yard waste for compost, mulch or other agricultural purposes. Article II. Recycling § 73 -13. Separation of recyclables. A. Recyclables shall be kept separate from and disposed of separately from municipal waste, to the extent required by the following provisions: (1) Owners and occupants of all residential properties shall keep separate but may commingle the following recyclables: clear glass, colored glass, and aluminum, steel and bimetallic cans. (2) Owners and occupants of all commercial, municipal and institutional establishments and properties and sponsors or organizers of community activities shall keep separate the following recyclables: clear glass, colored glass, aluminum, steel and bimetallic cans, corrugated paper, and high -grade office paper. (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 chapter. B. Corrugated paper shall be placed in easy -to- manage bundles not to exceed 50 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 http: / /www.ecode360.com /print/GR1759 3/8/2012 Township of Greene, PA Page 10 of 13 containers which, when full, shall not exceed 50 pounds. High -grade office paper shall be placed in containers not to exceed 50 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. 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 which is approved by the Township. § 73 -14. Disposal or placement for removal of recyclables: residential (other than multifamily housing properties). A. For residential properties other than multifamily housing projects, all recyclables which are required to be kept separate in residential properties pursuant to § 73 -13 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. B. If the recyclables are to be collected by a contracted hauler, then the recyclables shall be set out within the public right -of -way for collection but not upon the cartway of public streets. [Amended 6 -26 -2007 by Ord. No. 2007 -7 Editor's Note: This ordinance also repealed former Subsection C, pertaining to collection by authorized collector other than a licensed hauler, which immediately followed. ] § 73 -15. Disposal or placement for removal of recyclables: multifamily housing properties. A. For multifamily housing properties, all recyclables which are required to be kept separate in residential properties pursuant to § 73 -13 above shall either be delivered directly to a recycling center or shall be picked up by a contracted hauler separately from municipal waste, in a prearranged manner. All recyclables generated at the property shall be made available to the contracted hauler for collection. [Amended 6 -26 -2007 by Ord. No. 2007 -7] B. 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 chapter 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. C. 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. 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. § 73 -16. Disposal or placement for removal of recyclables: commercial, municipal and institutional and community activities. [Amended 6 -26 -2007 by Ord. No. 2007 -7]All recyclables which are required to be kept separate in commercial, municipal and institutional establishments and properties and community activities pursuant to § 73 -13 above shall either be delivered directly to a recycling center or shall be picked up by a contracted hauler separately from municipal waste, in a prearranged manner. If any recyclables are picked up by a contracted hauler, then all recyclables generated at the property shall be made available to such contracted hauler for collection. http: / /www.ecode360.com /print/GRI759 3/8/2012 Township of Greene, PA Page 11 of 13 § 73 -17. Recycling reports for multifamily housing properties. A. The landlord of every multifamily housing property shall complete a form to be designated "Recycling Report, Multifamily Housing Properties," to be provided by the Township, which shall indicate where the property's recyclables were delivered. B. 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. § 73 -18. Recycling reports for commercial, municipal and institutional establishments and community activities. A. 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. 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. § 73 -19. Unauthorized collection. [Amended 6 -26 -2007 by Ord. No. 2007 -7]It shall be unlawful for a person to collect, remove or dispose of municipal waste which contains recyclables mixed with the municipal waste which are required by that person to be separated from the municipal waste. Article III. Collector's Duties § 73 -20. Haulers to provide recyclable removal service for residential properties. [Amended 6 -26 -2007 by Ord. No. 2007 -7 Editor's Note: This ordinance also repealed former § 73 -20, Authorization of collectors, and § 73 -24, Unlawful to terminate services of licensed hauler for compliance with this chapter, and renumbered §§ 73 -21, 73 -22, 73 -23 and 73 -25 through 73 -30 as §§ 73 -20 through 73- 28, respectively. ]Every hauler doing business in Greene 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 shall be kept separate from municipal waste and shall be taken to a recycling center. § 73 -21. Haulers to provide recyclable removal service for commercial, municipal, and institutional establishments and properties. [Amended 6 -26 -2007 by Ord. No. 2007- 7]Every hauler 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 haulers shall be kept separate from municipal waste and shall be taken to a recycling center. http: / /www.ecode360.com /print/GRI759 3/8/2012 Township of Greene, PA Page 12 of 13 § 73 -22. Haulers not to accept unlawfully disposed of recyclables. [Amended 6 -26 -2007 by Ord. No. 2007 -7]No 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. Upon discovery of such recyclables combined with municipal waste placed at curbside or otherwise placed for pickup, the hauler shall affix a tag or sticker to the container containing the recyclables (which tag or sticker will be provided by the Township), retain a duplicate for the hauler's 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 shall fill in the information requested thereon, including the address at which the container is located and the reason which led him to know or believe the container contained recyclables (e.g., he saw newspaper or he heard bottles rattling). The hauler shall leave such container with the tag or sticker placed thereon where he found it. § 73 -23. Haulers to provide bulky item removal service. [Amended 6 -26 -2007 by Ord. No. 2007 -7]All haulers doing business within the Township shall make available to their customers the service of removal of bulky items not less frequently than once per year. § 73 -24. 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. § 73 -25. Complaints. 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. In the case of missed collection, the collector shall collect from the missed collection site before the end of the next business day after the complaint is received. Any complaint which the collector fails to resolve shall be reported in writing to the Township. § 73 -26. Community oriented charitable activities. A. 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. 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 similar location for collection by an authorized collector. Article IV. Miscellaneous Provisions § 73 -27. Violations and penalties. [Amended 3 -26 -2002 by Ord. No. 2002 -4]Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to 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, and each section of this chapter that is violated shall also constitute a separate offense. http: / /www.ecode360.com /print/GRI759 3/8/2012 Township of Greene, PA Page 13 of 13 § 73 -28. Construction. The various headings used throughout this chapter are intended only as an aid in its organization, in order to facilitate ease of reading, and are not to be considered a substantive part of this chapter. In this chapter, 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. http: / /www.ecode360.com /print/GRI759 3/8/2012