Loading...
HomeMy WebLinkAboutHamilton Township Solid Waste Ordinance HAMILTON TOWNSHIP FRANKLIN COUNTY , PENNSYLVANIA ORDINANCE NO . 110 TABLE OF CONTENTS PART I - GENERAL 1 SECTION 1. SCOPE 1 SECTION 2. PURPOSE 1 SECTION 3. DEFINITIONS 2 SECTION 4. DUMPING/LITTER 8 SECTION 5. PREPARATION AND STORAGE OF MUNICIPAL WASTE 9 SECTION 6. REQUIRED COLLECTION AND HOURS OF COLLECTION 11 SECTION 7. TRANSPORTATION OF MUNICIPAL WASTE 12 SECTION 8. PUBLIC CONTAINERS 12 SECTION 9. DISPOSAL OF LEAF WASTE 12 PART II - RECYCLING 13 SECTION 10. SEPARATION OF RECYCLABLES 13 SECTION 11. DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES -RESIDENTIAL (OTHER THAN MULTI-FAMILY HOUSING PROPERTIES) . 14 SECTION 12. DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES - MULTI-FAMILY HOUSING PROPERTIES 15 SECTION 13. DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES - COMMERCIAL, MUNICIPAL AND INSTITUTIONAL AND COMMUNITY ACTIVITIES 15 SECTION 14. RECYCLING REPORTS FOR MULTI-FAMILY HOUSING PROPERTIES . . . 16 SECTION 15. RECYCLING REPORTS FOR COMMERCIAL, MUNICIPAL AND INSTITUTIONAL ESTABLISHMENTS AND COMMUNITY ACTIVITIES 16 SECTION 16. COLLECTION BY UNAUTHORIZED PERSON 17 PART III - COLLECTOR' S DUTIES 17 SECTION 17. AUTHORIZATION OF COLLECTORS 17 SECTION 18. LICENSED HAULERS TO PROVIDE RECYCLABLE REMOVAL SERVICE FOR RESIDENTIAL PROPERTIES 29 SECTION 19. LICENSED HAULERS TO PROVIDE RECYCLABLE REMOVAL SERVICE FOR COMMERCIAL, MUNICIPAL, AND INSTITUTIONAL ESTABLISHMENTS AND PROPERTIES 30 SECTION 20. LICENSED HAULERS NOT TO ACCEPT UNLAWFULLY DISPOSED OF RECYCLABLES 30 SECTION 21. UNLAWFUL TO TERMINATE SERVICES OF LICENSED HAULER FOR COMPLIANCE WITH THIS ORDINANCE 30 SECTION 22. LICENSED HAULERS TO PROVIDE BULKY ITEMS REMOVAL SERVICE . . . 31 SECTION 23. MISSED PICK-UP 31 SECTION 24. COMPLAINTS 31 SECTION 25. COMMUNITY ORIENTATED CHARITABLE ACTIVITIES 31 PART IV - MISCELLANEOUS PROVISIONS 32 SECTION 26. VIOLATION AND PENALTY 32 SECTION 27. SEVERABILITY 32 SECTION 28. CONSTRUCTION 32 SECTION 29. EFFECTIVE DATE 33 HAMILTON TOWNSHIP FRANKLIN COUNTY, PENNSYLVANIA ORDINANCE NO. 110 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF HAMILTON TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA, PROVIDING FOR THE COLLECTION, STORAGE, TRANSPORTATION, DISPOSAL OF MUNICIPAL WASTE, AND RECYCLING, PURSUANT TO THE MUNICIPAL WASTE PLANNING, RECYCLING, AND WASTE REDUCTION ACT, THE ACT OF JULY 28, 1988, P.L. 556, NO. 101, ET SEO. (53 P. S. SECTION 4000 . 101 THROUGH SECTION 4000. 1904, AS AMENDED) ; AND FURTHER PURSUANT TO THE SOLID WASTE MANAGEMENT ACT, THE ACT OF JULY 7, 1980, P.L. 380, NO. 97, SECTION 101, a Q. (35 P. S. SECTION 6018 . 1003, AS AMENDED) AND THE APPLICABLE PROVISIONS OF THE SECOND CLASS TOWNSHIP CODE. BE IT ENACTED AND ORDAINED, AND IT IS ENACTED AND E ORDAINED, BY THE AUTHORITY OF THE BOARD OF SUPERVISORS HAMILTON, FRANKLIN COUNTY, PENNSYLVANIA, AS FOLLOWS: EnT T - GENEBAL SECTION 1 . SCOPE This Ordinance shall govern and control all t the collection, storage, transportation, processing, and disposal of municipal waste and recycling in Hamilton Township. It contains regulations applicable to haulers of municipal waste, collectors of recyclables, individuals, commercial, municipal and institutional establishments "and community activities . SECTION 2 . EMBRQU This Ordinance is being enacted in an effort to implement a o recycling program in order to return t voaluablectm materials to productive use, to conserve energy and p municipal waste processing and disposal facilities. 1 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) . 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 permit, 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 defined herein) of another person. E. Bi-metal Cans - A can made from two or more metals, usually steel and tin or aluminum. Generally used to refer to beverage cans with steel bodies and aluminum tops, whereas "steel" or "tin" cans generally refer to steel cans coated with tin. F. Bulky Waste - Large items of solid waste including but not limited to appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to their size, shape or weight. G. Collector - any person who collects, for removal from premises, municipal waste or recyclables . H. Commercial - of or pertaining to any wholesale, retail, industrial, manufacturing, transportation, financial or professional service or office enterprise, business, or establishment. I. Community Activity - Events sponsored by public or private agencies 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 charge therefor. For purposes of Act 101, recycling is required for 2 all such events that occur in municipalities mandated to recycle if the event is attended by more than 200 persons . J. Composting - The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like substance. K. Composting Facility - A facility using land for processing of municipal waste by composting. 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. Does not refer to linerboard or paperboard such as that used for cereal boxes. M. Curbside Collection - a method of collection of residentially generated recyclables and municipal waste by which the owners or occupants of certain residential properties may dispose of their recyclables by placing them at curbside (along the street) or within the private right of way fronting along their property or which provides access to the property, at times designated by the Hamilton Township Supervisors or the collector, for collection and removal by an authorized collector for delivery to a recycling center. 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, transfer station, or premises to be used for municipal waste disposal. P. Garbage - Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors. Q. Glass Containers - all empty product made from silica or sand, green or being transparent or translucent (either clear, g laor brown) , excluding, however, blue glass, flat glass, plate glass, glass commonly known as "window glass, " automotive glass, and ceramic and porcelain products . R. Institutional - of or pertaining to any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools, universities, churches, and social or fraternal societies and organizations. S. Landlord - the owner of residential property, or such owner' s authorized agent or representative. T. Leaf Waste - leaves, garden residues, shrubbery and tree trimmings (less than 4 ' in length and 2" in diameter) , and similar material, but not including grass clippings. U. 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. V. Licensed Hauler - a person licensed by Hamilton Township to collect, haul, transport, and dispose of municipal waste and recyclables. W. 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. X. Multi-Family Housing Property - a type of residential property either under single ownership by a person or organized as a condominium or cooperative form of housing, which contains four or more dwelling units. Y. 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 Hamilton Township, any counties, cities, boroughs, townships, and municipal authorities . Z. 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, 4 or contained gaseous material, resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities, except: (1) farm-produced manure; (2) other agricultural waste; (3) 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 (4) any sludge not meeting the definition of "residual or hazardous waste as defined in Commonwealth of Pennsylvania Solid Waste Management Act; but excluding recyclables. AA. Newsprint - paper of the type commonly referred to as newspaper and distributed at fixed or stated intervals, usually daily or weekly, having printed d the other nmatt news and opinions and containing advertisements and public interest. The term "newsprint" expressly or excludes s glossy advertising inserts, magazines, glossy chemically coated paper, office paper, and any other paper products of any nature. BB. 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, w d tttenrmattergeneral-purpose contained thereonwhether or not any printed or CC. Person - any individual, partnership, cooperative enterprise, municipality, municipal authority, Federal Government or agency, State institution or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights a and duties . In any provisions of the Ordinance natescr prescribing fine, imprisonment or penalty, any foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors. DD. 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, sodas, and beer. EE. Plastic Containers - empty plastic beverage containers, the specific types being soda bottles milk jugs and laundry detergent bottles (#2) . FF. Private Household Waste - solid waste generated in a 5 residence . 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 facilities. HH. Public Container - any device owned by any local, state or federal government in which solid waste is held for storage or transportation. II . Recyclable Collection Permittee - a person authorized 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 for whom he is acting as an agent (as defined herein) . JJ. Recyclables - materials designated as recyclables in this Ordinance, or required by the terms of this Ordinance (or any amendment hereto) to be kept separate from municipal waste and recycled. KK. 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. LL. Recycling Center - a facility designed to, and which does, act as a collection center for the processing, storage, and shipment of recyclables. The term specifically excludes charitable organizations that accept recyclables for collection but do not process such recyclables . MM. 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 the residential use within a building are considered "residential" . NN. Resource Recovery Facility - a processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated offsite, including, but not limited to, a facility that mechanically 6 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 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 composting leaf waste; and (4) any facility, including all units in the facility with a total processing capacity of less than 50 tons per day. 00. 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" . PP. Solid Waste- waste, including, but not limited to, municipal, residual or hazardous wastes (as defined in "The Solid Waste Management Act" of Pennsylvania) , including solid, liquid, semisolid or contained gaseous materials. QQ. Steel Cans - empty food or beverage containers made of steel, tin-coated steel, or other ferrous metal food or beverage containers. RR. 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. SS. Township - Hamilton Township, Franklin County, Pennsylvania. TT. Transportation - the off-site removal of any municipal waste at any time after generation thereof. UU. Trash - any solid waste, including food waste . VV. Waste - a material whose original purpose has been completed 7 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. WW. Yard Waste - grass clippings, prunings and other discarded materials from yards and gardens. XX. 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 . DUMPING/LITTER A. Dumping and Littering Prohibited. It shall be unlawful for any person to store, dump, discard, or deposit, or to permit the storage, dumping, discarding, or depositing of, any solid waste or recyclables upon the surface of the ground or underground within the Township, except in proper containers for purposes of storage or collection, 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. Presumption of Ownership. The presence of any articles containing a person' s name among solid waste or recyclables shall create a rebuttable presumption, for purposes of this Ordinance, 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. Property Owner / Occupant Responsibility. 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 8 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 basis and maintained in a neat and clean appearance . D. Agricultural Activities. Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming operation, including composting and spreading of manure or other farm produced agricultural waste, provided such activities are conducted in accordance with all applicable laws, rules, and regulations . SECTION 5. PREPARATION AND STORAGE OF MUNICIPAL WASTE A. General. The storage of all municipal waste shall be practiced so as to prevent the attractions, breeding, or harborage of insects or rodents and to prevent conditions which may create potential hazards to the public health or which may create fire and other safety hazards, odors, unsightliness, or public nuisance. B. Standards for Storing. Any person storing municipal waste on private or public property in the Township for any purpose whatsoever shall place the same, or cause the same to be placed, in sanitary closed or covered containers in accordance with the following standards: 1 . Containers used for the storage of municipal waste shall be metal, plastic or fiberglass construction; rust and corrosion resistant, equipped with lids and waterproof (except that lids shall be optional on large bulk containers commonly known as "dumpsters") . 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 9 property on which a waste container is placed, an authorized licensed hauler, and a Township official, employee or agent shall remove the lids of the container and/or remove the contents thereof. 4 . All hazardous waste (as defined in `The Solid Waste Management Act' of Pennsylvania) , including but not limited to municipal waste of a highly flammable or explosive nature, or highly infectious or contagious municipal waste, shall not be stored for ordinary collection, but shall be specifically disposed of in accordance with the directions of the Township or of any State or Federal authority having jurisdiction thereof. 5. Containers, other than bulk containers, shall be placed at such locations as may be agreed upon by the person and the authorized licensed hauler. 6. Plastic bags may be used as inserts in the containers . 7 . Containers may be placed at the agreed location for pickup not earlier than 5: 00 p.m. of the day prior to the day of collection. 8 . Bulk containers (such as dumpsters) shall be placed, whenever possible, at ground level and at a point on the property being serviced by the collector which will enable clear and easy access to the container by the collector' s vehicle. 9. Bulk containers shall not be permitted to overflow or to have waste strewn or left about them on the ground. A violation of this provision shall be deemed a violation of this Ordinance by the person on whose property the bulk container is located, if it is located on private property. 10 SECTION 6. REOUIRED COLLECTION AND HOURS OF COLLECTION A. Property Owner Compliance. All owners of property within the Township shall provide for the regular preparation, collection and removal of all municipal waste generated at such properties in one of the approved manners set forth herein. B. Self-Collection and Removal. If a person, agent or establishment (being so authorized by the terms hereof) collects and removes their own municipal waste, they shall do so at a maximum of every thirty (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 Ordinance. C. Contracts with Licensed Haulers. 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 or an agent shall collect or remove municipal waste from any other person' s property. 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. D. Collection on Sunday Prohibited. Licensed haulers shall not collect residential municipal waste from properties within the Township limits on Sunday. E. Township Collection/Contracts. Nothing herein shall limit the right of the Township to implement public collection of solid waste either by entering into contracts or by engaging in any collection practice 11 permitted by law. . F. Private Hauling Permitted. Nothing contained herein shall be deemed to prohibit any person from hauling municipal waste on an irregular and unscheduled basis to a facility permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection, and which is approved for disposal in the Franklin County Solid Waste Plan provided that such hauling shall be in addition to and not in place of, the regular removal of municipal waste as required by this section and provided that such is not in violation of any county or other municipal law or regulation. G. gecyclables; Leaf Waste. 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 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 not withstanding. SECTION 7. TRANSPORTATION OF MUNICIPAL WASTE Any person transporting municipal waste within the Township shall prlevent or remedy any spillage from vehicles or containers used in the transport of such municipal waste. All persons authorized to collect municipal waste shall do so in v-hicles that are provided with either closed, covered contain=rs or which have measures taken to prevent waste from being b own or falling from the vehicle. SECTION 8. PUBLIC CONTAINERS Th= use of public containers for the disposal of private househo d waste will be prohibited. SECTION 9. DISPOSAL OF LEAF WASTE Unless otherwise providing for composting, all persons shall k ep leaf waste separate from all other forms of municipal waste a d separate from recyclables. Such waste shall be set 12 out for collection in a manner to be designated by the Collector and shall be disposed of by the Collector in accordance with Pennsylvania Department of Environmental Protection' s Regulations. 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. PART II - RECYCLING SECTION 10. SEPARATION OF RECYCLABLES A. General. Recyclables shall be kept separate from and disposed of separately from municipal waste, to the extent required by the following provisions and the hauler' s guidelines: 1 . Owners and occupants of all residential property shall keep separate from other waste but may co-mingle (mix) the following recyclables: clear glass, colored glass, and aluminum, steel and bimetallic cans; plastic soda bottles, milk jugs and laundry detergent bottles; and newsprint; which shall each be tied or bundled separately. " 2 . Owners and occupants of all commercial, municipal and i n s t i t u t i o n a l establishments and properties and sponsors or organizers of community activities shall keep separate from other waste but may co-mingle (mix) the following recyclables: clear glass, colored glass, aluminum, steel and bimetallic cans; plastic soda bottles, milk jugs, laundry detergent bottles, and newsprint. Corrugated paper, high- grade office paper and newsprint shall each be tied or bundles separately. " 3 . Alternatively the Township Supervisors may by Resolution enumerate alternative recyclables which will be required to be 13 separated from municipal waste and collected in accordance with t h i s ordinance . B. Paper Products; Metal; Glass, Limitations. Corrugated paper, high-grade office paper and newsprint shall be placed in easy-to-manage bundles not to exceed forty (40) pounds and kept dry. Glass and plastic containers and aluminum, steel and bimetallic cans shall be emptied and rinsed clean. Aluminum, steel and bimetallic cans and glass containers may be mixed together and shall be placed in containers which when full shall not exceed forty (40) pounds. Lids shall be removed from all glass and plastic containers and be discarded with the regular trash. High-grade office paper shall be placed in containers not to exceed forty (40) pounds. Recyclables shall not be placed in the same garbage can or other container as, or otherwise mixed with, municipal waste for collection, removal or disposal. Recyclables shall not be placed in plastic bags, or corrugated boxes. C. Alternative Procedures. Recyclables may be set out for collection in a manner different from the requirements in paragraphs 10.B (above) if an alternative manner is designated by the collector and which is approved by the Township. SECTION 11. DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES - RESIDENTIAL (OTHER THAN MULTI-FAMILY HOUSING PROPERTIES) . A. General. For residential properties other than multi- family housing projects, all recyclables which are required to be kept separate in residential properties pursuant to Section 10, above, shall be placed at the appropriate location on the premises to be collected at times designated by the licensed hauler or recyclable collection permittee. The frequency of such collection shall be not less than twice per month. B. Licensed Hauler; Location of Recyclables. If the recyclables are to be collected by a licensed hauler, then the recyclables shall be set out within the public right-of-way for collection. 14 SECTION 12 . DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES - MULTI-FAMILY HOUSING PROPERTIES A. General. For multi-family housing properties, all recyclables which are required to be kept separate, in residential properties pursuant to Section 10, above, shall either be delivered directly to a recycling center, or shall be picked up by a recyclable collection permittee or a licensed hauler separately from municipal waste, in a 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. 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 locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. B. Compliance. Owners, landlords and agents of owners or landlords who comply with the aforementioned requirements relative to multi-family housing properties shall not be liable for the noncompliance of occupants of their building. SECTION 13. 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 10, above, shall either be delivered directly to a recycling center, or shall be picked up by a recyclable collection permittee or a licensed hauler separately from municipal waste, in a pre-arranged manner. If any recyclables are picked up by a recyclable collection 15 permittee, then all recyclables generated at the property shall be made available to such recyclable collection permittee for collection. SECTION 14. RECYCLING REPORTS FOR MULTI-FAMILY HOUSING PROPERTIES A. Reports Required. The landlord of every multi-family housing property or his agent shall complete a form to be designated "Recycling Report -- Multi-Family Housing Properties", be provided by the Township, which shall indicate where the property' s recyclables were delivered. B. Responsibility; Time for Submitting. The "Recycling Report" and all weigh slips obtained from the facility or facilities to which the recyclables were delivered or taken shall be submitted quarterly to the Township. For purposes of submitting such weigh slips and Recycling Reports quarterly to the Township, the Collector who removed the recyclables from the property shall be the agent for the landlord and shall be responsible for completing and submitting such to the Township. Each such quarterly report shall be submitted on or before the last day of the first month of each quarter, for the preceding quarter. Quarters shall run on a calendar year basis thus: January through March; April through June; July through September; and October through December. SECTION 15. RECYCLING REPORTS FOR COMMERCIAL, MUNICIPAL AND INSTITUTIONAL ESTABLISHMENTS AND COMMUNITY ACTIVITIES A. Reports Required. Every commercial, municipal, and institutional establishment and community activity sponsor shall complete a form to be designated "Recycling Report -- Commercial, Municipal and Institutional Establishments and Community Activities, " to be provided by the Township, which shall indicate where the establishment' s or activity' s recyclables were delivered. B. #tesponsibi ity; Time for Submittina. 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 16 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 16. 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 unauthorized by the Township to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute 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. PART III - COLLECTOR' S DUTIES SECTION 17 . AUTHORIZATION OF COLLECTORS A. Genera'. It shall be unlawful for any person, other than such persons as are duly authorized by the Township to collect and to transport municipal wastes of any nature or recyclables within or from the Township. B. Authorization Required. Authorization to collect, transport, and dispose of municipal waste or recyclables for persons other than one' s self or for whom one is acting as an agent (as defined in this 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 Collectin or .in addition to collects municipal waste shall apply for and obtain a Hauler' s 17 License. C. Rules and Regulations. The Board of Supervisors may, from time to time, by resolution, promulgate Rules and Regulations reasonable and necessary for the proper and effective administration of this Ordinance. The Board may also, from time to time, revise or alter application forms and any other forms reasonable and necessary to the proper and effective administration of this Ordinance. D. Compliance by Haulers and Remittees. All licensed haulers and recyclable collection permittee shall have an affirmative duty to follow and conduct themselves in accordance with their current license or permit, and to service each of their customers in accordance with the requirements of this Ordinance and Rules & Regulations as may be promulgated from time to time by resolution of the Board of Supervisors; any failure of which shall be a violation of this Ordinance. E. ,Approval of Hauler' s License Applications. All applications for such licenses shall be evaluated and approved in accordance with the following criteria: 1 . Hauler' s Licenses may be issued to only those persons who can comply with the provisions and intent of this Ordinance. 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 telepnone number of the hauler making application. b. The vehicle registration number, state of registration, and the make, model and size of 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. Before commencing work, the applicant shall submit evidence of the insurance coverages required below to the Township. The policies shall be listed on an ACORD Certificate of Insurance providing the Township with a 60 day 18 notice of cancellation or non-renewal. Insurance shall be carried with financially responsible insurance companies, rated at least B+ IV by A.M. Best & Company, licensed in the Commonwealth of Pennsylvania, and shall be kept in force during the licensure. Evidence of policy renewals shall be submitted to the Township for annual review. NO WORK SHALL BE STARTED UNTIL THE HAULER FURNISHES EVIDENCE OF INSURANCE COVERAGE AS STATED BELOW AND APPROVED BY THE TOWNSHIP. WORKERS' COMPENSATION The contractor shall carry or require that there be carried Workers' Compensation insurance for all his employees and those of his subcontractors, in accordance with a Pennsylvania Workers' Compensation Laws. COMMERCIAL GENERAL LIABILITY INSURANCE The Hauler shall take out and maintain during the life of the licensure such General Liability insurance to protect the Contractor, and any subcontractor performing work covered by the licensure from claim for damages of personal injury, including accidental death, as well as from claims of property damage, which may arise from operations under this licensure whether such operations be by the hauler, by any subcontractor or by anyone directly or indirectly employed by either of them. AUTOMQBILE INSURANCE Automobiles, trucks and similar equipment owned, leased or rented shall be covered by a Business Automobile policy providing "any" autos - Symbol #1. MINIMUM AMOUNTS OF INSURANCE REQUIRED 1. Workers' Compensation; Pennsylvania Statuatory Coverage 19 2 . Employers' Liability; $100, 000 Each Accident, $500, 000 Disease Per Policy, $100, 000 Each Employee 3. Comprehensive General Liability - Occurrence Form (ISO 1973) including Broad From C.G.L. Endorsement Coverage. Personal Injury - $500,000 Each Occurrence $500, 000 Aggregate Property Damage - $500,000 Each Occurrence $500,000 Aggregate Combined Single Limit - $500,000 Each Occurrence $1,000, 000 Aggregate - OR - Commercial General Liability - Occurrence Form (ISO 1986 or equivalent) . $1, 000,000 General Aggregate $1,000,000 Products/Completed Operations $ 500, 000 P e r s o n a l / Advertising Injury $ 500,000 Each Occurrence 4 . Business Automobile Policy - Covering "Any" Auto - Symbol #1 Combined Single Limit; $500, 000 Per Accident - OR - Bodily Injury; $500,000 Per Accident Property Damage; $500,000 Per Accident e. 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 Recyclable Collection Permit or Hauler' s License revoked or suspended in this Township. b. If the applicant has violated, or is violating 20 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 Protection relating to the environment and to solid waste, or has been convicted of any such violation. c. If the applicant has any uncollected judgments filed against him resulting from law suits filed against him by any customer. d. Where, in the Township, 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 comply with the provisions of this section, the Township Supervisors shall give the licensee an opportunity for a hearing theron. Any licensee 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 writing. Failure of the licensee to so request a hearing shall be deemed to constitute an admission of the violation 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 Supervisors and the 21 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 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 submitted with each application for a license. Payment shall be made by check only, payable to "Hamilton Township" b. Number of Vehicles: Persons receiving a Hauler' s License shall use for the collection and hauling of municipal waste and recyclables within the Township the vehicles listed on the application and approved on the license issued. A license applies only to the vehicles listed theron. Any change in the listed vehicles as reported in the application 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. The use of a temporary replacement vehicle by reason of the withdrawal of a vehicle from service for scheduled or unscheduled maintenance shall not require modification of the license fee, but shall be reported to the Township immediately by the collector. c. Signs: 22 (1) 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 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 licensee shall be responsible for maintaining such vehicle used for collection 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 favorable 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 pertaining to collection, hauling, and disposal of municipal waste and recyclables under the terms of this Ordinance. f. Licensees shall comply with the limitations on hours and frequencies of collection set forth in Sections 11, 12 and 13 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 containers become full. F. Recyclable Collection Permit. No person who is not a "licensed hauler" as defined in this Ordinanae shall collect, transport, or dispose of recyclables for any 23 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 prescribed therefor, completed by the applicant, accompanied by a fee for such permit to be set by resolution of the Hamilton 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 provisions 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 telepnone number of the permittee making application. b. The vehicle registration number, state of registration, and the make, model and size of 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. Before commencing work, the applicant shall submit evidence of the insurance coverages required below to the Township. The policies shall be listed on an ACORD Certificate of Insurance providing the Township with a 60 day notice of cancellation or non-renewal. Insurance shall be carried with financially responsible insurance companies, rated at least B+ IV by A.M. Best & Company, licensed in the Commonwealth of Pennsylvania, and shall be kept in force during the licensure. Evidence of policy renewals shall be submitted to the Township for annual review. NO WORK SHALL BE STARTED UNTIL THE HAULER FURNISHES EVIDENCE OF INSURANCE COVERAGE AS STATED BELOW AND APPROVED BY THE TOWNSHIP. 24 WORKERS' COMPENSATION The contractor shall carry or require that there be carried Workers' Compensation insurance for all his employees and those of his subcontractors, in accordance with a Pennsylvania Workers' Compensation Laws. COMMERCIAL GENERAL LIABILITY INSURANCE The Hauler shall take out and maintain during the life of the licensure such General Liability insurance to protect the Contractor, and any subcontractor performing work covered by the licensure from claim for damages of personal injury, including accidental death, as well as from claims of property damage, which may arise from operations under this licensure whether such operations be by the hauler, by any subcontractor or by anyone directly or indirectly employed by either of them. AUTOMOBILE INSURANCE Automobiles, trucks and similar equipment owned, leased or rented shall be covered by a Business Automobile policy providing "any" autos - Symbol #1. MINIMUM AMOUNTS OF INSURANCE REOUIRED 1. Workers' Compensation; Pennsylvania Statuatory Coverage 2 . Employers' Liability; $100, 000 Each Accident, $500, 000 Disease Per Policy, $100, 000 Each Employee 3. Comprehensive General Liability - Occurrence Form (ISO 1973) including Broad From C.G.L. Endorsement Coverage. Personal Injury - $500,000 Each Occurrence $500,000 Aggregate Property Damage - $500,000 Each Aggregate rrence Combined Single Limit - $500,000 Each Occurrence 25 $1,000, 000 Aggregate - OR - Commercial General Liability - Occurrence Form (ISO 1986 or equivalent) . $1,000,000 General Aggregate $1,000,000 Products/Completed Operations $ 500, 000 P e r s o n a l / Advertising Injury $ 500,000 Each Occurrence 4 . Business Automobile Policy - Covering "Any" Auto - Symbol #1 Combined Single Limit; $500,000 Per Accident - OR - Bodily Injury; $500,000 Per Accident Property Damage; $500,000 Per Accident e. A certiticate 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 the issuance of a Recyclable Collection Permit for any of the following reasons: a. If the applicant has previously had a Recyclable Collection Permit or Hauler' s License revoked or suspended in this Township or elsewhere. b. If the applicant has violated, or is violating 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 Protection relating to the environment and to solid waste, or has been convicted of any such violation. c. If the applicant has any uncollected judgments filed against him resulting from law suits 26 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 . 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 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 permit was issued. b. Administrative Proceedings. (1) In case of violating or failure to comply with the provisions of this section, the Township Supervisors shall give the permittee an opportunity for a hearing theron. 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 writing. Failure of the permittee to so request a hearing shall be deemed to constitute 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 request a hearing in accordance with this section, a hearing shall be scheduled before the Township Supervisors 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 the Recyclable Collection 27 Permit under this section does not grant a vested right to any collector to a continued right to haul or collect recyclablein the Township, and the Township reserves the right to contract for recycling services or to initiate the public collection of recyclables. 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 license. Payment shall be made by check only, payable to "Hamilton Township" b. Number of Vehicles : Persons receiving a Recyclable Collection Permit shall use for the collection and hauling of municipal waste and recyclables within the Township the vehicles listed on the application and approved on the permit issued. A permit applies only to the vehicles listed thereon. Any change in the listed vehicles as reported in the application for permit 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. The use of a temporary replacement vehicle by reason of the withdrawal of a vehicle from service for scheduled or unscheduled maintenance shall not require modification of the permit fee, but shall be reported to the Township immediately by the collector. c. Signs: (1) 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 of such 28 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 maintaining such vehicle used for collection 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 favorable 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 and hauling 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 11, 12 and 13 of this Ordinance. g. The permittee shall pay all costs charged for the use of any recycling facilities which he utilizes. SECTION 18 . 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' recyclables materials to a recycling center. 29 SECTION 19. LICENSED HAULERS TO PROVIDE RECYCLABLE REMOVAL SERVICE FOR COMMERCIAL, MUNICIPAL, AND INSTITUTIONAL ESTABLISHMENTS AND PROPERTIES Every hauler, as a precondition to being licensed to do business within the Township, shall be required to provide to its commercial, municipal, institutional, and 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. SECTION 20. LICENSED HAULERS NOT TO ACCEPT UNLAWFULLY DISPOSED OF RECYCLABLES A. Hauler Responsibilities. No licensed hauler shall accept, pick up, or remove any bag or other container of municipal waste which the hauler knows, or has reason to believe, contains recyclables required to be separated, combined with municipal waste. B. Administration. Upon discovery of such recyclables combined with municipal waste placed at curbside or otherwise placed for pick-up, the hauler shall affix a tag or sticker to the container containing the recyclables (which tag or sticker will be provided by the hauler, ) retain a duplicate for his 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 21. 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 20, above. 30 SECTION 22 . 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. SECTION 23. 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 24 . 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. SECTION 25. COMMUNITY ORIENTATED CHARITABLE ACTIVITIES A. Voluntary Projects; Authorization Required. Nothing contained herein shall impair or prohibit any recognized religious, civic, fraternal, charitable or benevolent organization, association or society from undertaking or sponsoring voluntary programs or projects involving the collection of recyclables from the public. Any such collection activity can only occur prior to the recyclable materials being placed at curbside or similar location for collection by an authorized collector. Prior to initiating such activity the organization shall obtain authorization from the Township. B. Sale/Donation of Recyclables. Nothing herein shall be deemed to prohibit any person from donating or selling any recyclables to individuals or organizations unless such recyclables are placed at curbside or similar location for collection by an authorized collector. 31 PART IV - MISCELLANEOUS PROVISIONS SECTION 26. VIOLATION AND PENALTY Any person, partnership or corporation who or which has violated the provisions of this Ordinance, upon being found liable therof in a civil enforcement proceeding commenced by the Township, pay a judgement of not more than six hundred dollars ($600. 00) plus court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgement shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determines that there was good faith basis for the person, partnership or corporation violating the Ordinance who believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a vioaltion by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this Ordinance shall be paid over to the Township. Nothing contained in this Section shall be construed or interpreted to grant any person or entity other than the Township the right to commence any action for enforcement pursuant to this part. SECTION 27 . 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 though the unconstitutional, unlawful, or unenforceable provision had never been a part hereof. SECTION 28. CONSTRUCTION The various headings used throughout this Ordinance are intended only as an aid in its organization, in order to facilitate 32 ease of reading, and are not 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. SECTION 29. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after the First day of January . 1998 . ENACTED AND ORDAINED into an Ordinance this Third day of December 1997 . BOARD OF SUPERVISORS B Y MARAS 1. Chairman e iJ ••• Supervisor -7441611- At-g ATTEST: • Agri WEr 14141„4/ Secretar, • 33 HAMILTON TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA ORDINANCE NO. 145 - 2008 AN ORDINANCE AMENDING HAMILTON TOWNSHIP ORDINANCE NO. 110 ENACTED DECEMBER 3, 1997, TO ELIMINATE THOSE PROVISIONS RELATING TO THE LICENSING OF WASTE HAULERS AND INSPECTION OF VEHICLES UTILIZED BY WASTE HAULERS TO RECOGNIZE CHANGES NECESSARY AS A RESULT OF RECENT COURT DECISIONS . WHEREAS, by Ordinance No. 110 dated December 3, 1997, the Board of Supervisors of Hamilton Township, Franklin County, Pennsylvania, enacted an ordinance to govern and control all aspects of the collection, storage, transportation, processing and disposal of municipal waste and recycling in Hamilton Township. WHEREAS, Ordinance No. 110 contained several provisions specifically relating to the licensing of waste haulers, WHEREAS, recent court decisions have indicated that licensing of haulers has been preempted by state law and is not an acceptable subject of regulation by Townships, WHEREAS, the Board of Supervisors deem it appropriate to revise Township Ordinance No. 110 to eliminate or revise provisions conflicting with the court decisions, NOW, THEREFORE, be it enacted and ordained, and it is enacted and ordained, by the Supervisors of Hamilton Township, as follows: SECTION 1 . The table of contents shall be revised by eliminating reference to Section 17 entitled AUTHORIZATION OF COLLECTORS. Section 18 will be renumbered Section 17 and each subsequent section shall be accordingly renumbered. SECTION 2 . SECTION 3 of Ordinance No. 110 under the heading DEFINITIONS, shall be amended to eliminate the definitions for AUTHORIZED COLLECTOR, LICENSED HAULER and RECYCLABLE COLLECTION PERMITTEE. Reference to the remaining definitions shall be re- lettered to accurately reflect the elimination of the three foregoing definitions. 1 SECTION 3 . SECTION 5 entitled, PREPARATION AND STORAGE OF MUNICIPAL WASTE, paragraph B. subparagraph 3 . shall be revised to read as follows : 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. SECTION 4 . SECTION 5, subsection B. , paragraph 5. shall be revised to read as follows: 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. SECTION 5 . SECTION 6, entitled REQUIRED COLLECTION AND HOURS OF COLLECTION paragraph C. entitled CONTRACTS WITH LICENSED HAULERS shall be revised to read as follows : 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. 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 hauler who is to collect such waste. SECTION 6 . SECTION 6, entitled REQUIRED COLLECTION AND HOURS OF COLLECTION paragraph D. shall be revised to read as follows : 2 D. Collection on Sunday Prohibited. Haulers shall not collect residential municipal waste from properties within the Township limits on Sunday. SECTION 7 . SECTION 11, entitled DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES - RESIDENTIAL (OTHER THAN MULTI-FAMILY HOUSING PROPERTIES) paragraph A. entitled General shall be revised to read as follows: A. General . For residential properties other than multi- family housing projects, all recyclables which are required to be kept separate in residential properties pursuant to Section 10, above, shall be placed at the appropriate location on the premises to be collected at times designated by the contracted hauler. The frequency of such collection shall be not less than twice per month. SECTION 8 . SECTION 11, entitled DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES - RESIDENTIAL (OTHER THAN MULTI-FAMILY HOUSING PROPERTIES) paragraph B. is hereby revised to read as follows: B. Contracted Hauler; Location of Recyclables . 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. SECTION 9. SECTION 12, entitled DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES - MULTI-FAMILY HOUSING PROPERTIES paragraph A. is hereby revised to read as follows : A. General . For multi-family housing properties, all recyclables which are required to be kept separate, in residential properties pursuant to Section 10, 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 pre-arranged manner. If any recyclables are picked up by a contracted hauler, then all recyclables generated at the property shall be made available to such hauler 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 establish a convenient and practical collection system in such properties for the collection, storage and regular 3 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 locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. SECTION 10. SECTION 13 entitled DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES - COMMERCIAL, MUNICIPAL AND INSTITUTIONAL AND COMMUNITY ACTIVITES is hereby revised to read as follows: All recyclables which are required to be kept separate in commercial, municipal and institutional establishments and properties in community activities pursuant to Section 10, 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 pre-arranged manner. If any recyclables are picked up by a contracted hauler, then all recyclables generated at the property shall be made available to such hauler for collection. SECTION 11 . SECTION 16 entitled COLLECTION BY UNAUTHORIZED PERSON shall be revised to read as follows : 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 contracted hauler or his/its authorized agent . It shall be a violation of this Ordinance for any person not authorized by the contracted hauler 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 separate and distinct offenses punishable as herein after 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. SECTION 12 . SECTION 17 entitled AUTHORIZATION OF COLLECTORS shall be eliminated in its entirety. SECTION 13 . SECTION 18 entitled LICENSED HAULERS TO PROVIDE RECYCLABLE REMOVAL SERVICE FOR RESIDENTIAL PROPERTIES shall be revised to read as follows: 4 SECTION 18 . HAULERS TO PROVIDE RECYCABLE REMOVAL SERVICE FOR RESIDENTIAL PROPERTIES . Every hauler doing business in Hamilton 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. SECTION 14 . SECTION 19 entitled LICENSED HAULERS TO PROVIDE RECYCLABLE REMOVAL SERVICE FOR COMMERICAL, MUNICIPAL AND INSTITUTIONAL ESTABLISHMENTS AND PROPERTIES shall be revised to read as follows : SECTION 19. HAULERS TO PROVIDE RECYCABLE REMOVAL SERVICE FOR COMMERICAL, MUNICIPAL AND INSTITUTIONAL ESTABLISHMENTS AND PROPERTIES. Every hauler shall be required to provide its commercial, municipal, institutional and multi-family 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. SECTION 15 . SECTION 20 entitled LICENSED HAULERS NOT TO ACCEPT UNLAWFULLY DISPOSED OF RECYCLABLES shall be revised to read as follows : SECTION 20. HAULERS NOT TO ACCEPT UNLAWFULLY DISPOSED OF RECYCLABLES . 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 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 the hauler' s records and, deliver a triplicate to the designated office for the Township within forty-eight hours . When the hauler utilizes a tag or sticker pursuant to this section, the hauler shall fill in the information requested thereon, including the address at which the container is located and the reason which led the hauler to know or believe the container contained recyclables (e.g. , 5 the hauler saw newspaper or heard bottles rattling) . The hauler shall leave such a container with the tag or sticker placed thereon where the hauler found it. SECTION 16. SECTION 21 entitled UNLAWFUL TO TERMINATE SERVICES OF LICENSED HAULER FOR COMPLIANCE WITH THIS ORDINANCE shall be revised to read as follows: SECTION 21 . UNLAWFUL TO TERMINATE SERVICE OF CONTRACTED HAULER FOR COMPLIANCE WITH THIS ORDINANCE. No person shall terminate the services of a contracted hauler because of such hauler' s compliance with the requirements set forth in section 20 above. SECTION 17 . SECTION 22 entitled LICENSED HAULERS TO PROVIDE BULKY ITEMS REMOVAL SERVICE is hereby revised to read as follows: SECTION 22 . HAULERS TO PROVIDE BULKY ITEMS REMOVAL SERVICE. All contracted 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. SECTION 18 . In all other respects, The Hamilton Township Ordinance enacted December 3, 1997, being Hamilton Township Ordinance No. 110, shall continue in full force and effect . 6 SECTION 3. This Ordinance shall take effect five (5) days after enactment, as provided by law. BOARD OF SUPERVISORS OF HAMILTON TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA ENTALa Michael K. Kessinger -dd./Xs:A( 4! Randall E. Negley James C. Hollenshead CERTIFICATE I, the undersigned, Secretary of the TOWNSHIP OF HAMILTON, Franklin County, Pennsylvania (the "Township") , certify that the foregoing is a true and correct copy of an Ordinance of the Board of Supervisors of the Township which was duly enacted by affirmative vote of a majority of the members of the Board of Supervisors of the Township at a meeting duly held on yke,, 6 0" , 2008; that said Ordinance has been duly recor ed in the Ordinance Book of the Township; that said Ordinance was duly published as required by law; and that said Ordinance remains in effect, unaltered, and unamended, as of the date of this Certificate. IN WITNESS WHEREOF, I set my hand and ffix, the official seal of the Township, this �-- day of �v'ei 2008 . Deborah S Hollenshead Secretary 7