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HomeMy WebLinkAboutGuilford Township Solid Waste Ordinance TOWNSHIP OF GUILFORD FRANKLIN COUNTY, PENNSYLVANIA ORDINANCE NO. 90-7 .,.: AN ORDINANCE GOVERNING THE COLLECTION, STORAGE, TRANS- PORTATION, PROCESSING, AND DISPOSAL OF MUNICIPAL SOLID WASTE, AND PROVIDING FOR A MANDATORY RECYCLING PROGRAM, IN THE TOWNSHIP OF GUILFORD, FRANKLIN COUNTY, PENNSYLVANIA. AN ORDINANCE GOVERNING THE COLLECTION, STORAGE, TRANSPORTATION, PROCESSING AND DISPOSAL OF MUNICIPAL SOLID WASTE AND PROVIDING FOR A MAN- DATORY RECYCLING PROGRAM IN THE TOWNSHIP OF GUILFORD, FRANKLIN COUNTY , PENNSYLVANIA. BE IT ENACTED AND ORDAINED by the Board of Supervisors of Guilford Township, Franklin County, Pennsylvania, and it is hereby enacted and ordained by authority of the same . TABLE OF CONTENTS PART I - GENERAL Page Section 1 . Scope 1 Section 2 . Purpose 1 Section 3 . Definitions 1 Section 4 . Dumping/Litter 8 Section 5 . Preparation and Storage of Municipal Waste 10 Section 6 . Required Collection and Hours of Collection 11 Section 7 . Transportation of Municipal Waste 13 Section 8. Open Burning 13 Section 9 . Dumpster Permits 14 Section 10 . Public Litter Baskets 15 Section 11 . Property Owners to Furnish Name and Address of Collector 15 Section 12 . Disposal of Leaf Waste 15 PART II - RECYCLING Page Section 13 . Separation of Recyclables 16 Section 14 . Disposal or Placement for Removal of Recyclables -- Residential (Other Than Multi-Family Housing Properties ) . . . 17 Section 15 . Disposal or Placement for Removal of Recyclables -- Multi-Family Housing Properties 17 Section 16 . Disposal or Placement for Removal of Recyclables -- Commercial , Municipal and Institutional and Community Activities . 18 Section 17 . Recycling Reports for Multi-Family Housing Properties 19 Section 18 . Recycling Reports for Commercial , Municipal and Institutional Establish- ments and Community Activities . . . . . 19 Section 19 . Collection by Unauthorized Persons . . . 20 i 7 , PART III - COLLECTOR ' S DUTIES Page Section 20 . Authorization of Collectors 21 Section 21 . Licensed Haulers to Provide Recyclable Removal Service for Residential Properties 33 Section 22 . Licensed Haulers to Provide Recyclable Removal Service for Commercial , Municipal and Institutional Establishments and Properties 33 Section 23. Licensed Haulers Not to Accept Unlawfully Disposed-of Recyclables . . 34 Section 24 . Unlawful to Terminate Services of Licensed Hauler for Compliance with this Ordinance 34 Section 25 . Licensed Haulers to Provide White Goods Removal Service 34 Section 26 . Missed Pick-Up 35 Section 27 . Complaints 35 Section 28 . Community Oriented Charitable Activities 35 - PART IV - MISCELLANEOUS PROVISIONS Section 29 . Violation and Penalty 36 Section 30 . Severability 36 Section 31 . Construction 36 Section 32 . Effective Date 37 ii PART I - GENERAL r- SECTION 1 . SCOPE This Ordinance shall govern and control all aspects of the collection, storage , transportation, processing, and dis- posal of municipal waste, and recycling, in Guilford Town- ship. It contains regulations applicable to haulers of municipal waste , collectors of recyclables, individuals , commercial , municipal , and institutional establishments, and community activities . SECTION 2 . PURPOSE This Ordinance 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. SECTION 3 . DEFINITIONS As used in this Ordinance , the following terms shall have the meanings indicated: A. "Agent" - One who performs an act for his immediate family or for another person gratuitously (without any form of monetary or material compensation therefor ) . B . "Aluminum Cans" - empty, all-aluminum beverage and food containers. C . "Applicant" - a person desirous of being licensed as a hauler or of being issued a recyclable collection per- mit, as the case may be . D . "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 Ordinance , removes municipal waste or recyclables from his own premises , as owner of the building or commercial , municipal or institutional establishment or community activity conducted therein, or as an agent ( as detined herein ) of another person . - 1- E . "Bi-metallic Cans" - empty food or beverage containers consisting of both steel and aluminum. F . "Bulky Items" - Discarded "white goods" (major appli- ances ) , televisions , mattresses, furniture and similar household items. G. "Composting" - The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product. H. "Composting facility" - A facility using land for processing of municipal waste by composting . I . "Collector" - a general term referring to any person who collects, for removal from premises, municipal waste or recyclables . J. "Commercial" - of or pertaining to any wholesale , retail , industrial , manufacturing, transportation , or financial or professional service or office enterprise , business, or establishment. K. "Community Activity" - an activity or event sponsored or organized by a public or private nonprofit organiza- tion 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. L. "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 . H. "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 front- ' ing along their property) , at times designated by the Guilford Township Supervisors , for collection and removal by an authorized collector thereof for delivery to a recycling center. -2- N . "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. 0. "Disposal Area" - any site , location, area, building, structure, transter station, or premises to be used for municipal waste disposal . P . "Garbage" - all putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food. Q. "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 . R . "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 . S . "Institutional" - of or pertaining to any establish- ment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools , universities, churches , and social or fra- ternal societies and organizations. T . "Landlord" - the owner of residential property, or such owner' s authorized agent . U . "Leaf Waste" - leaves, garden residues , shrubbery and tree trimmings, and similar material , but not including grass clipping. -3- V. "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 . W . "Licensed hauler" - a person licensed by Guilford Township to collect, haul , transport, and dispose of municipal waste and recyclables . X. "Magazines" - printed matter, also known as "period- icals" , containing miscellaneous written prices pub- lished 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. Y. "Multi-Family 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 . Z . "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 sub- division of the Commonwealth of Pennsylvania including, but not limited to Guilford Township, any counties, cities , boroughs , townships , and municipal authorities . AA. "Municipal Waste" - an all-encompassing, most general term meaning any garbage , refuse , industrial lunchroom or office waste and other material including solid, liquid, semi-solid, or contained gaseous material, re- sulting from operation of residential , municipal , com- mercial, or institutional establishments and from com- munity 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 -4- 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; but excluding recyclables . BB . "Newspaper" - paper of the type commonly referred to as "newsprint" and distributed at fixed or stated inter- vals , 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 , maga- zines, glossy or other chemically coated paper, office paper, and any other paper products of any nature . CC . "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 Resources . DD. "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 Ordinance 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. EE . "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. FF . "Plastic Containers" - empty plastic food and beverage containers , the specific types of which may, from time to time , be designated by resolution of the Guiltord Township Supervisors . -5- GG. "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 facili- ties. HH. "Recyclable Collection Permittee" - a person author- ized by the Township , through the issuance of a permit therefore , to collect, transport, and dispose of recyclables exclusively ( and not municipal waste ) for persons other than himself , his immediate family, or persons whom he is acting as an agent ( as defined herein ) . II . "Recyclables" - materials designated as recyclable in this Ordinance , or required by the terms of this Ordinance ( or any amendment hereto ) to be kept separate from municipal waste and recycled . JJ. "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. I:K. - "Recycling Center" - a facility designed to , and which does , act as a collection center for the processing, storage , and shipment of recyclables . The term specif- ically excludes transfer stations and landfills for solid waste and composting facilities and resource recovery facilities ; and specifically excludes chari- table organizations that accept recyclables for col- lection but do not process such recyclables . -6- LL. "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 resident- ial use within a building are considered " residential" . UM. "Resource Recovery Facility" - a processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is gen- erated offsite , 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 munic- ipal waste that is generated offsite , whether or not the facility is operated to recovery 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 com- posting leaf waste . ( 4 ) any facility, including all units in the facility with a total processing capacity of less than 50 tons per day. NN. "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 " . 00. "Solid Waste" - waste , including, but not limited to, municipal , residual or hazardous wastes , including solid, liquid , semisolid or contained gaseous materials . �4 t -7- N PP . "Steel Cans" - empty food or beverage containers made of steel , tin-coated steel, or other ferrous metal food or beverage containers . QQ. "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 nd convincing evidence to the contrary. RR. "Township" - Guilford Township, Franklin County, Pennsylvania. SS . "Transportation" - the off-site removal of any munici- pal waste at any time after generation thereof . TT . "Waste" - A material whose original purpose has been completed and which is directed to a disposal or pro- cessing facility or is otherwise disposed of . The term does not include source-separated recyclable materials or material approved by the Commonwealth of Pennsyl- vania Department of Environmental Resources for bene- ficial use. UU. "Yard Waste Composting FAcility" - a facility that is used to compost grass clippings , including a facility that is used to compost leaf waste . SECTION 4 . DUIMPING/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 Lsolid waste or recyclables upon the surface of the ground or under- ground 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 . -8- 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 Town- ship. R. The presence of any articles containing a person ' s name among solid waste or recyclables shall create a rebut- table presumption, for purposes of this Ordinance , that said solid waste or recyclables are the property of the person who 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 or 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 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 oasis and main- tained in a neat and clean appearance . D. Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming oper- ation, including composting and spreading of manure or other farm produced agricultural waste , provided such activities are conducted in accordance with all appli- cable laws , rules and regulations . -4- SECTION 5 . PREPARATION AND STORAGE OF MUNICIPAL WASTE 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 . 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 accord- ance with the following standards : A. 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" ) . �• _ B . 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. C . 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. D. 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 -10- shall be specially disposed of in accordance with the directions of the Township or of any State or Federal authority having jurisdiction thereof . E . Containers , other than bulk containers , shall be placed at such locations as may be agreed upon by the person and the authorized licensed hauler. F . 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 . G. 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 viola- tion of this Ordinance by the person on whose property the bulk container is located, if it is located on private property. SECTION 6 . REQUIRED COLLECTION AND HOURS OF COLLECTION 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. 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 thirty ( 30 ) days or at shorter intervals, in order to prevent odors, vectors or accumulations of refuse or garbage that are unsafe , un-sightly, or potentially harmful to the public health. Any municipal waste so removed shall be disposed of in accordance with the requirements of this Ordinance . -11- 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 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 persons ' or establishments ' properties at least once each week, except where conditions beyond the control of the licensed hauler prevent it. No person other than a licensed hauler shall collect or remove municipal waste from any other person ' s property. All agreements for collection, transportation, and dis- position 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 . Licensed haulers shall not collect residential municipal waste from properties within the Township limits on Sunday. 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. 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 Common- wealth of Pennsylvania, Department of Environmental Resourc- es , and approved for disposal in the Franklin County Solid l•laste Flan ( 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 -12- 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 regula- tion. Nothing in this section shall modify the requirements in this Ordinance pertaining to separation and disposal of recyclables . Nothing in this section shall impair the abil- ' ity 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 not- withstanding. SECTION 7 . TRANSPORTATION OF ItUNICIPAL WASTE Any person transporting municipal waste within the Township shall prevent or remedy any spillage from vehicles or con- tainers used in the transport of such municipal waste . 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 . The transfer of waste from one collection vehicle to another may not take place in the Township, except on private prop- erty 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 traf- fic, create litter, or in any other manner constitute a nui- sance, create a health hazard, or violate any other ordin- ance of the Township or provision of statutory law. SECTION 8. OPEN BURING No person shall ignite, cause, feed, permit or maintain any open fire for the destruction of solid waste, rubbish, leaf waste, or grass clippings, on any property under his control, within 250 feet of any other person's residence or building(s) or within any Township Road Right-of-Way, except as hereinafter provided. -13- • Exceptions to Open Burning Prohibition - a. Open fires may be set in the performance of an official duty of any public officer if the fire is deemed neces- sary for the prevention of a fire hazard which cannot be abated otherwise ; and the protection of public health. b. No open burning is to occur when the Pennsylvania Bureau of Forestry - Hichaux District Forester Office , indicates that conditions are not suitable for burning. c. Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming oper- ation, provided such activities are conducted in accordance with all applicable law, rules and regula- tions . SECTION 9 . DUMPSTER PERMITS 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 authoriz- ing such placement. One such permit shall be obtained for each dumpster to be placed on any public street or right-ot- 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 per- mittee in accordance with instructions of the Township pertaining thereto . The permits issued pursuant to this -14- section shall be non-transferable and may be used only by the permittee to whom originally issued, for the dumpster and at the location for which originally issued. SECTION 10 . PUBLIC LITTER BASKETS 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 licensed hauler or at designated disposal sites. SECTION 11 . COLLECTORS TO FURNISH NAME AND ADDRESS OF PROPERTY OWNERS Each licensed collector shall furnish to the Township on a form to be provided therefor, the name and address of all owners of properties being serviced by such collector. SECTION 12 . DISPOSAL OF LEAF WASTE 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 he designated by the Collector and shall he disposed of by the Collector at a leaf composting facility operating in accordance with Pennsylvania Department of Environmental Resources ' s Regulations and Guidelines for Leaf Composting Facilities . 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 . -15- PART II - RECYCLING SECTION 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 follow- ing 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 activi- ties shall keep separate the following recycla- bles: 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 ordinance . B. Corrugated paper shall be placed in easy-to-manage bundles not to exceed fifty ( 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 containers which when full shall not exceed fifty ( 50 ) pounds . High-grade office paper shall be placed in containers not to exceed fifty ( 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 dis- posal . Recyclables shall not be placed in plastic bags , or corrugated boxes . -16- C . Recyclables may be set out for collection in a manner different from the requirements in paragraphs 13 . B ( above ) if an alternative manner is designated by the collector and which is approved by the Township. SECTION 14 . DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES- - RESIDENTIAL (OTHER THAN MULTI-FAMILY HOUSING PROPERTIES ) . A. For residential properties other than multi-family housing projects, all recyclables which are required to be kept separate in residential properties pursuant to Section 13, above, shall be placed at the appropriate location on the premises to be collected at times designated by the licensed hauler or recyclable collec- tion permittee . The frequency of such collection shall be not less than once per month. , B. 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 . If the recyclables are to be collected by an authorized collector other than a licensed hauler then the recycl- ables shall be placed at an area other than within the public right-of-way. SECTION 15 . DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABIES- - MULTI-FAMILY HOUSING PROPERTIES For multi-family housing properties, all recyclables which are required to be kept separate in residential properties pursuant to Section 13, above , shall either be delivered directly to a recycling center, or shall be picked up by a recyclable collection permittee or a licensed hauler separ- ately from municipal waste , in a pre-arranged manner. If any recyclables are picked up by a recyclable collection -17- permittee , then all recyclables generated at the property shall be made available to such recyclable collection permittee for collection. The landlord of every multi-family 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 Ordinance governing separation and disposal or placement for removal of recyclables in multi- family 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 . The collection system must include suitable containers for collecting and sorting materials, easily accessible loca- tions 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 multi-family housing properties shall not he liable for the noncompliance of occupants of their building . SECTION 16 . DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES- -COMMERCIAL, MUNICIPAL AND INSTITUTIONAL 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 Section 13, above , shall either be delivered directly to a recycl-ing center, or shall be picked up by a recyclable collection permittee or a licensed hauler separately from municipal -18- waste , in a pre-arranged 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 . SECTION 17 . RECYCLING REPORTS FOR MULTI-FAMILY HOUSING PROPER- TIES A. The landlord of every multi-family housing property shall complete a form to be designated "Recycling Report -- Multi-Family 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 recycl- ables 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. SECTION 18 . RECYCLING REPORTS FOR COMMERCIAL, MUNICIPAL AND INSTITUTIONAL ESTABLISHMENTS AND COMMUNITY ACTIVITIES A. Every commercial , municipal, and institutional estab- lishment and community activity sponsor shall complete a form to be designated "Recycling Report -- Commer- cial , Municipal and Institutional Establishments and Cocmmunity Activities , " to be provided by the Township, - 19- 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. SECTION 19 . COLLECTION BY UNAUTHORIZED PERSON From the time of placement for collection of residentially generated recyclable items for collection in accordance with the terms of this Ordinance , the items shall be and become the property of the Township or its authorized agent. It shall be a violation of this Ordinance for any person un- authorized 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. It shall be unlawful for a person to collect, remove , or dispose of municipal waste which contains recyclables required by that person to be separated, combined therewith. -20- PART III - COLLECTOR' S DUTIES SECTION 20 . AUTHORIZATION OF COLLECTORS 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. Authorization shall he given only as set forth below. Authorization to collect, trans- port, 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 Ordinance ) 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 tor and obtain a Hauler ' s License . All licensed haulers and recyclable collection permittees shall have an affirmative duty to follow and conduct them- selves in accordance with their current license or permit, and to service each of their customers in accordance with the requirements of this Ordinance , any failure of which shall be a violation of this Ordinance . All applications for such licenses or permits shall be evaluated and approved in accordance with the following criteria: A. Hauler ' s License : 1 . Hauler' s Licenses may be issued to only those persons who can comply with the provisions and intent of this Ordinance . -21- 2 . Applicants for Hauler ' s License must furnish the following information on a form to be prescribed and provided therefor by the Township: a. The name , address , and telephone number of the hauler making application . b. The vehicle registration number, state of registration, and the make , model and size or each vehicle to be used for collection and hauling. c . A list of all of the applicant ' s current customers in the Township, upon demand made for same by the Township. d. A certificate of the applicant ' s insurance coverage certifying the maintenance by the applicant of complete third-party comprehen- sive and liability insurance covering bodily injury and property damage , the limits or which shall be not less than $300,000/ $500,000 for bodily injury and $50,000 for property damage . e . A certificate of the applicant' s Workman ' s Compensation Insurance as required by law. f . Any and all additional information which the Township may request and deem necessary prior to the issuance of a license . 3 . The Township may deny a Hauler' s License for any • of the following reasons: • a. If the applicant has previously had a Recycl- able Collection Permit or Hauler ' s License revoked or suspended in this Township or elsewhere . b. If the applicant has violated, or is violat- ing any ordinance of the Township, the Solid Waste Management Act, the Municipal Waste -22- .. ....--.. Planning , Recycling and Waste Reduction Act, or any regulations of the Department of Environmental Resources relating to the environment and to solid waste , or has been convicted of any such violation. c . If the applicant has any uncollected judg- ments filed against him resulting from law- suits filed against him by any customer. d. Where , in the Township or elsewhere , the applicant has failed to fulfill his duties as a municipal waste collector in general , or in particular has failed to pick up municipal waste and recyclables in a workmanlike manner or a regularly scheduled basis . 4 . Hauler' s Licenses shall be issued on a calendar year basis, but may be revoked at any time by the Township in accordance with the following: a. Failure of the licensee to furnish and (_• provide collection and disposal of municipal waste and recyclables in accordance with the terms of this ordinance and the conditions under which the license was issued. b. Administrative Proceedings . ( 1 ) In case of violating or failure to com- ply with the provisions of this section, the Township Supervisor shall give the licensee an opportunity for a hearing thereon. Any licensee so entitled to a hearing shall have ten ( 10 ) days atter notice of his right to a hearing is give to him pursuant to this section within which to request such a hearing in writ- ing . Failure of the licensee to so re- quest a hearing shall be deemed to con- stitute an admission of the violation -23- with which he is charged and which forms the basis of the revocation of his license . In case the licensee does request a hearing in accordance with this section, a hearing shall be scheduled before the Township Super- visors and the licensee given ten ( 10 ) days ' written notice of the time and place of the hearing at which he may appear and answer the charge . ( 2 ) Upon determination that a violation did occur, the Township Supervisors may issue a warning or may revoke the license . c . The issuance of a Hauler' s License under this section does not grant a vested right to any collector to a continued right to haul or • collect municipal waste and recyclables in the Township, and the Township reserves the _: right to contract for municipal waste and recycling services or to initiate the public collection of municipal waste and/or recyclables. • 5 . Conditions relating to Hauler ' s Licenses : a. An annual fee shall be paid for a Hauler ' s License in accordance with a schedule of charges established by resolution of the Township Supervisors . The license fee shall not be proratable . The fee shall be sub- mitted with each application for a license . Payment shall be made by check only, payable to "Guilford Township. " b. Number of Vehicles : Persons receiving a Hauler ' s License shall not use more vehicles for the collection and hauling of municipal -24- waste and recyclables within the Township than the number of vehicles listed on the application and approved on the license is- sued. A license applies only to the vehicles listed thereon. The bumper stickers issued with a license must be affixed only to those vehicles listed on the license , and may not be transferred to any other vehicle not listed on the license . Any change in the listed vehicles as reported in the applica- tion for license must be reported to the Township at least five ( 5 ) days prior to the date such a change will take place except in an emergency, provided the Township is promptly notified thereof . Any increase in the number of vehicles to be used shall result in an appropriate addition- al fee as provided herein which shall be paid to the Township. The permanent replacement of one collection vehicle with a different one shall require modification of the license, issuance of a new bumper sticker, and payment of any additional fee which may be prescribed therefor. The use of a temp- orary replacement vehicle by reason of the withdrawal of a vehicle from service for scheduled or unscheduled maintenance shall not require modification of the license or payment of an additional fee , but shall be reported to the Township immediately by the collector. -25- c. Signs : ( 1 ) The licensee shall have the bumper sticker issued for each vehicle with the licensee displayed on the vehicle for which it is issued as instructed by the Township at the time the license is issue . ( 2 ) Licensees shall have placed on the doors or each side of the body of each vehicle the name of the hauler, the telephone number of the hauler' s office or head- quarters , and the type of waste being transported therein ( or, if recyclables are being transported therein , then such to be indicated ) . The size or such lettering shall be no less than six ( 6 ) inches in height and clearly legible . Vehicles shall be so marked within ten ( 10 ) days after the commencement of (, their use in the Township. d. The licensee shall be responsible for main- taining such vehicle used for collection in the Township in good operating condition to assure that the schedule of collections can be maintained. The vehicles must be kept clean and painted so as to present a favora- ble appearance . The Township shall have the right to inspect all vehicles prior to the issuance of a license and during the period the license is in effect. e . Licensees shall be responsible for the manner in which their employees perform work per- , taining to collection , hauling, and disposal of municipal waste and recyclables under the terms of this Ordinance . -26- f . Licensees shall comply with the limitations on hours and frequencies of collection set forth in Sections 14 , 15 and 16 of this Ordinance . g . The licensee shall pay all costs charged for the use of any disposal facilities which he utilizes . h. Licensees shall empty bulk containers ( such as dumpsters ) which have been provided by them to their customers, when such bulk con- tainers become full . B . Recyclable Collection Permit: No person who is not a " licensed hauler" as defined in this Ordinance shall collect, transport, or dispose of recyclables for any persons other than himself or for whom he is acting as an agent ( as defined in this Ordinance ) unless he has applied for and obtained a valid Recyclable Collection Permit authorizing such activity. Applications for such permit shall be made by submission to the Township on a form to be pre- scribed therefor, completed by the applicant, accom- panied by a fee for such permit to be set by resolution of the Guilford Township Supervisors . Recyclable Collection Permits shall be obtained annually and issued on a calendar year basis . 1 . Recyclable Collection Permits may be issued to only those persons who can comply with the pro- visions and intent of this Ordinance . 2 . Applicants for Recyclable Collection Permits must furnish the following information on a form to be prescribed and provided therefor by the Township: a. The name , address, and telephone number of the permittee making application . -27- i b. The vehicle registration number, state of registration, and the make , model and size ot each vehicle to be used for collection and hauling. c . A list of all of the applicant ' s current customers in the Township, upon demand made for same by the Township . • d. A certificate of the applicant ' s insurance coverage certifying the maintenance by the applicant of complete third-party comprehen- sive and liability insurance covering bodily injury and property damage , the limits or which shall be not less than $300,000/ $500,000 for bodily injury an $50 ,000 for property damage . e . A certificate of the applicant' s Workman ' s Compensation Insurance as required by law. f . Any and all additional information which the Township may request and deem necessary prior to the issuance of a permit. 3. The Township may deny the issuance ot a Recyclable Collection Permit for any of the following reasons : a. If the applicant has previously had a Recycl- able Collection Permit or Hauler ' s License revoked or suspended in this Township or elsewhere . b. If the applicant has violated, or is violat- ing any ordinance of the Township, the Solid • • Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act, or any regulations of the Department of Environmental Resources relating to the environment and to solid waste , or has been convicted of any such violation. -28- c . If the applicant has any uncollected judg- ments filed against him resulting from law- suits filed against him by any customer. d. Where , in the Township or elsewhere , the applicant has failed to fulfill his duties as a municipal waste collector in general , or in particular has tailed to pick up municipal waste and recyclables in a workmanlike manner or a regularly scheduled basis . 4 . Recyclable Collection Permits shall be issued on a calendar year basis, but may be revoked at any time by the Township in accordance with the following: a. Failure of the permittee to furnish and provide collection and disposal of recycla- bles in accordance with the terms of this ordinance and the conditions under which the permit was issued . ( ' b. Administrative Proceedings . ( 1 ) In case of violating or failure to com- ply with the provisions of this section, the Township Supervisor shall give the permittee an opportunity for a hearing thereon. Any permittee so entitled to a hearing shall have ten ( 10 ) days after notice of his right to a hearing is give to him pursuant to this section within which to request such a hearing in writ- ing. Failure of the permittee to so re- quest a hearing shall be deemed to con- stitute an admission of the violation with which he is charged and which forms the basis of the revocation of his permit. In case the permittee does -29- request a hearing in accordance with this section, a hearing shall be scheduled before the Township Super- visors and the permittee given ten ( 10 ) days ' written notice of the time and place of the hearing at which he may appear and answer the charge . ( 2 ) Upon determination that a violation did occur, the Township Supervisors may issue a warning or may revoke the permit. c . The issuance of a Recyclable Collection Per- mit under this section does not grant a vested right to any collector to a continued right to haul or collect recyclables in the Township, and the Township reserves the right to contract for recycling services or to initiate the public collection of recycla- bles . 5 . Conditions relating to Recyclable Collection Permit: a. An annual fee shall be paid for a Recyclable Collection Permit in accordance with a schedule of charges established by resolution of the Township Supervisors . The permit fee shall not be proratable . The fee shall be submitted with each application for a permit. Payment shall be made by check only, payable to "Guilford Township. " b . Number of Vehicles : Persons receiving a Recyclable Collection Permit shall not use more vehicles for the collection and hauling of recyclables within the Township than the number of vehicles listed on the application -30- and approved on the permit issued. A permit applies only to the vehicles listed thereon. The bumper stickers issued with a permit must be affixed only to those vehicles listed on the permit, and may not be transferred to any other vehicle not listed on the permit. Any change in the listed vehicles as reported in the application for permit must he reported to the Township at least five ( 5 ) days prior to the date such a change will take place except in an emergency, provided the Township is promptly notified thereof . Any increase in the number of vehicles to be used shall result in an appropriate addition- al fee as provided herein which shall be paid to the Township. The permanent replacement of one collection vehicle with a different one shall require modification of the per- `Y . mit, issuance of a new bumper sticker, and payment of any additional fee which may be prescribed therefor. The use of a temporary replacement vehicle by reason of the with- drawal of a vehicle from service for scheduled or unscheduled maintenance shall not require modification of the permit or payment of an additional fee , but shall be reported to the Township immediately by the collector. c. Signs : ( 1 ) The permittee shall have the bumper sticker issued for each vehicle with the permittee displayed on the vehicle for which it is issued as instructed by the Township at the time the permit is issue . -31- ( 2 ) Permittees shall have placed on the doors or each side of the body of each f vehicle the name of the collector, the telephone number of the collector ' s office or headquarters , and an indication that recyclables are being transported therein. The size of such lettering shall be no less than = six ( 6 ) inches in height and clearly legible . Vehicles shall be so marked within ten ( 10 ) days after the commencement of their use in the Township. d . The permittee shall be responsible for main- taining such vehicle used for collection in the Township in good operating condition to assure that the schedule of collections can be maintained. The vehicles must be kept clean and painted so as to present a favora- ble appearance . The Township shall have the �^ right to inspect all vehicles prior to the issuance of a permit and during the period the permit is in effect. e . Permittees shall be responsible for the manner in which their employees perform work pertaining to collection, hauling, and disposal of recyclables under the terms of this Ordinance . f . Permittees shall comply with the limitations on hours and frequencies of collection set forth in Sections 14 , 15 and 16 of this Ordinance . Permittees shall not collect recyclables from residential properties with- in the Township limits on Sundays . g . The permittee shall pay all costs charged for the use of any recycling facilities which he utilizes . -32- h. Permittees shall empty bulk containers ( such as dumpsters ) which have been provided by them to their customers, when such bulk con- tainers become full. i . All recyclable collection permittees shall be required to take all of the recyclable material which they collect from their customers to a recycling center. SECTION 21 . LICENSED HAULERS TO PROVIDE RECYCLABLE REMOVAL SERVICE FOR RESIDENTIAL PROPERTIES 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 mater- ( ' ials to a recycling center. SECTION 22 . LICENSED HAULERS TO PROVIDE RECYCLABLE REMOVAL SERVICE FOR COMMERCIAL, MUNICIPAL, AND INSTI- TUTIONAL 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 multi- family 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 materials to a recycling center. -33- SECTION 23 . LICENSED HAULERS NOT TO ACCEPT UNLAWFULLY DISPOSED-OF RECYCLABLES 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 . 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 Township, retain a duplicate for his 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. SECTION 24 . UNLAWFUL TO TERMINATE SERVICES OF LICENSED HAULER FOR COMPLIANCE WITH THIS ORDINANCE No person shall terminate the services of a licensed hauler because of such hauler' s compliance with the requirements set forth in Section 24, above . SECTION 25 . LICENSED HAULERS TO PROVIDE BULKY ITEMS REMOVAL SERVICE All licensed 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. -34- SECTION 26 . MISSED PICK-UP In the event of any missed pick-up, the collector shall collect from the missed location before the end of the next business day. SECTION 27 . COMPLAINTS All complaints regrading collection of recyclables or solid waste shall initially be reported to the Collector. Any reasonable compliant shall be given prompt and courteous attention by the Collector. In the case of missed collec- tion, the collector shall collect from the missed collection site before the end of the next business day after the com- plain received. Any complaint which the collector fails to rIlbol-ve-sthall be reported in writing to the Township. SECTION 28 . CO!MPMUNITY ORIENTATED CHARITABLE ACTIVITIES Nothing contained herein shall impair or prohibit any recognized religious, civic, fraternal, charitable or benevolent organization, association or society from C. 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 . 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. -35- PART IV - MISCELLANEOUS PROVISIONS SECTION 29 . VIOLATION AND PENALTY Any person who violates any provision of this Ordinance shall , upon conviction thereof , be sentenced to pay a fine of not less than Three Hundred Dollars ( $300 . 00 ) nor more than One Thousand Dollars ( $1 ,000 . 00 ) and costs of prose- cution, or, in default of payment of such fines and costs , to undergo imprisonment of not less than ten ( 10 ) days nor more than thirty ( 30 ) days . Provided: each violation of any provision of this Ordinance and each day the same is contin- ued shall be deemed a separate offense . For purposes of this section, the doing of any act or thing prohibited by any provision of this Ordinance , or the failure to do any act or thing as to which any provision of this Ordinance creates an affirmative duty, shall constitute a violation of this Ordinance, punishable as herein stated . SECTION 30 . SEVERABILITY In the event any of the provisions of this Ordinance is declared unconstitutional , unlawful, or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this Ordinance or of this Ordinance as a whole , but such shall continue in full force and effect s though the unconstitutional , unlawful , or unenforceable provision had never been a part hereof . SECTION 31 . CONSTRUCTION The various headings used throughout this Ordinance 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 Ordinance . In this Ordinance, 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. -36- SECTION 32 . EFFECTIVE DATE This Ordinance shall be in full force and effect from and after the 26th day of September, 1990 . ENACTED AND ORDAINED into an Ordinance this /6/4 day of / ' uCuS./ , 1990 . ATTEST : BOARD OF SUPERVISORS OF GUILFORD TOWNSHIP (j-77,‹: By C/A. rt IAA <..• . P( t (.'-B-L' SECR A• 7 ( SUPERVISOR • ////_ - SUPERVISOR SUPERVISOR ( SEAL) -37-