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HomeMy WebLinkAboutSt. Thomas Solid Waste SOLID WASTE Chapter 65 SOLID WASTE ARTICLE I Abandoned or Junked Vehicles,Garbage and Rubbish §65-1. Definitions;word usage. §65-2. Nuisances declared illegal. § 65-3. Storage or accumulation. § 65-4. Written notice to violators. § 65-5. Violations and penalties. ARTICLE II Disposal and Recycling § 65-6. Scope. §65-7. Purpose. § 65-8. Definitions. § 65-9. Dumping;litter;farming exemptions. §65-10. Preparation and storage. § 65-11. Required collection and hours of collection. § 65-12. Transportation of waste. § 65-13. Open burning. § 65-14. Dumpster permits. § 65-15. Public litter baskets. § 65-16. Collectors to furnish customer information. § 65-17. Disposal of leaf waste. 6501 8_25_99 SAINT THOMAS CODE §65-18. Separation of recyclables § 65-19. Disposal or placement for removal of recyclables:residential (other than multifamily housing properties). § 65-20. Disposal or placement for removal of recyclables:multifamily housing properties. § 65-21. Disposal or placement for removal of recyclables: commercial, municipal and institutional and community activities. §65-22. Recycling reports for multifamily housing properties. §65-23. Recycling reports for commercial, municipal and institutional establishments and community activities. § 65-24. Collection by unauthorized person; collection of nonseparated waste prohibited. §65-25. Authorization of collectors. §65-26. Licensed haulers to provide recyclable removal service for residential properties. §65-27. Licensed haulers to provide recyclable removal service for commercial, municipal and institutional establishments and properties. §65-28. Licensed haulers not to accept unlawfully disposed of recyclables. §65-29. Unlawful to terminate services of licensed hauler for compliance with regulations. § 65-30. Licensed haulers to provide bulky items removal service. §65-31. Missed pick-up. § 65-32. Complaints. § 65-33. Community-oriented charitable activities; right to donate or sell. 6502 8-25-99 § 65-1 SOLID WASTE § 65-1 § 65-34. Violations and penalties. § 65-35. Section titles;word usage. ARTICLE III Brush, Grass and Weeds § 65-36. Declaration of nuisance. § 65-37. Removal,trimming or cutting required. § 65-38. Exceptions. § 65-39. Responsibility of owner. § 65-40. Notice of violation; failure to comply. § 65-41. Violations and penalties. [HISTORY: Adopted by the Board of Supervisors of the Township of Saint Thomas as indicated in article histories.Amendments noted where applicable.] GENERAL REFERENCES Burning ban—See Ch.38. Junk dealers and junkyards—See Ch.46. Solid waste landfills—See Ch.49. Manure management—See Ch.51. Vehicles and traffic—See Ch.85. ARTICLE I Abandoned or Junked Vehicles,Garbage and Rubbish [Adopted 7-20-1992 by Ord.No.98] § 65-1. Definitions;word usage. For the purpose of this article the following terms, phrases, words and their derivations shall have the meanings herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number 6503 9-10-2004 .. .._._ . .... ... . . ..__...... . .. § 65-1 SAINT THOMAS CODE §65-1 include the plural number, and the word "shall" is always mandatory and not merely directory. ABANDONED VEHICLES: A. A vehicle(other than a pedalcycle): (1) That is inoperable and is left unattended on public property for more than 48 hours; (2) That has remained illegally on public property for a period of more than 48 hours; (3) Without a valid registration plate or certificate of inspection or title left unattended on or along a highway;or (4) That has remained on private property with or without the consent of the owner or person in control of the property for more than 48 hours. B. Vehicles and equipment used or to be used in construction or in the operation or maintenance of public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic,shall not be considered to be"abandoned." BOARD OF SUPERVISORS—The Board of Supervisors of Saint Thomas Township, Franklin County, Pennsylvania. JUNKED VEHICLES— Any motor vehicle not contained in a building,which is without either a current inspection certificate or current registration plate (excluding vehicles utilized in a bona fide operating farming or commercial enterprise and one vehicle per owner qualifying as an antique, classic or collector car). [Amended 11-19-2003 by Ord.No. 1481 NUISANCE— The unreasonable, unwarrantable or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person or resident in the legitimate enjoyment of his reasonable rights of person or property. 6504 9-10-2004 § 65-1 SOLID WASTE § 65-2 "Nuisance" shall not include the burning of material in a bona fide operating orchard operation. OWNER— A person owning, leasing, occupying or having charge of any premises within the Township or any or all of them. PERSON— Any natural person, firm, partnership, association, corporation, company, club, copartnership, society or any organization of any kind. TOWNSHIP—The Township of Saint Thomas,Franklin County,Pennsylvania. § 65-2. Nuisances declared illegal. Nuisances, including but not limited to the following specific acts or activities, are hereby declared to be illegal: A. Storage or accumulating the following except by an enterprise properly licensed and permitted to dispose of solid waste by the Pennsylvania Department of Environ- mental Resources and by any ordinances of this Township: (1) Garbage or rubbish. (2) Junk material, including but not limited to unused or abandoned machinery, equipment or appliances, excluding equipment utilized in a lawful bona fide operating farming or commercial enterprise. (3) Other junk, including but not limited to any and all forms of waste and refuse of any materials, including scrap metal, glass, industrial waste and other salvageable materials. B. Storing or accumulating abandoned or junked vehicles except by a currently licensed or currently operating junkyard which is regularly operated for profit and is filing IRS Schedule C for junkyard operations on an annual basis. 6505 9-10-2004 .... . ........ ....... ._.... _.. .. § 65-2 SAINT THOMAS CODE §65-2 C. Storing or accumulating more than one antique, classic or collector motor vehicle for restoration which is neither sheltered by a building nor enclosed behind an evergreen or solid fence of sufficient height and density to totally obscure the vehicle(s)from the view of adjoining property owners and travelers on adjoining highways or streets. [Amended 11-19-2003 by Ord.No. 148] D. Draining or flowing or allowing to drain or flow by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies or cesspools of any kind or nature whatsoever or any foul or offensive water or foul or offensive drainage of any kind from property along any public highway, road, street,avenue,lane or alley in the Township into or upon any said highway,road street, avenue,lane or alley or from any property into or upon any adjoining property. E. Draining or allowing to drain or flow any water or drainage from within a dwelling situated upon property along a public highway, road, street, avenue, lane or alley in the Township into or upon the cartway or traveled portion of any said highway, road, street, avenue,lape or alley, except where provisions have been made in said cartway or traveled portion for said drainage by means of a drainage ditch or otherwise. F. Burning of garbage, tires or tar products. Other types of home use burning shall be confined between the hours of 6:00 a.m. and 8:00 p.m. G. Maintaining or causing to be maintained any dangerous structure, including but not limited to abandoned or unoccupied structure(s), including but not limited to abandoned or unoccupied buildings or parts of buildings in a state of dilapidation or disrepair. H. Permitting or allowing any well or cistern to be or remain uncovered. 6506 9-10-2004 § 65-2 SOLID WASTE § 65-3 I. Interfering with the flow of a stream, creek or other waterway by means of a dam or other construction, unless authorized by law. J. Removing the embankment of a stream so as to alter the natural flow of the stream. K. Pushing, shoveling or otherwise depositing snow upon the cartway or traveled portion of any public highway, road or street which is maintained by the Township or by the Commonwealth of Pennsylvania and allowing the same to remain thereon. L. Allowing or permitting any excavation, material excavated or obstruction on or adjoining any highway, street or road to remain opened or exposed without the same being secured by a barricade, temporary fence or other protective materials. M. Noises. Creating or causing to be created any noise from any means whatsoever that causes annoyance or discomfort or disturbs the peace and quiet, rest, sleep or repose of the citizens,residents or other persons lawfully in the Township. § 65-3. Storage or accumulation. The following acts or activities, without regard to their classification as nuisances,are hereby declared illegal: A. Storing or accumulating the following: (1) Garbage or rubbish; or dumping of liquids. (2) Junk material, including but not limited to unused or abandoned machinery, equipment or appliances, excluding equipment utilized in a lawful bona fide farming or commercial enterprise. (3) Other junk, including but not limited to any and all forms of waste and refuse of any type of materials, including scrap metal, glass, industrial waste and other salvageable materials. 6506.1 9-10-2004 § 65-3 SAINT THOMAS CODE §65-4 B. Storing or accumulating abandoned or junked vehicles, except by a currently licensed or currently operating salvage yard. The residential storage of dismantled parts shall be stored in enclosed buildings. C. Storing or accumulating more than one antique, classic or collector motor vehicle for restoration which is neither sheltered by a building nor enclosed behind an evergreen or solid fence of sufficient height and density to totally obscure the vehicle(s)from the view of adjoining property owners and travelers on adjoining highways or street. [Amended 11-19-2003 by Ord.No. 148] § 65-4. Written notice to violators. A. Whenever a condition constituting a nuisance is permitted or maintained, the Board of Supervisors shall cause written notice to be served upon the owner in one of the following manners: (1) By making personal delivery of the notice to the owner and/or tenant. (2) By handing a copy of the notice at the residence of the owner and/or tenant to an adult member of the family with which he resides, but if no adult member of the family is found, then to an adult person at such residence. (3) By fixing a copy of the notice to the door at the entrance of the premises in violation and mailing a copy of such notices to the owner and/or tenant to the last known address by regular mail. (4) By mailing a copy of the notice to the last known address of the owner and/or tenant by certified mail. (5) If personal service in the manner set forth above cannot be made by publishing a copy of the notice in a local newspaper of general circulation within Franklin County, Pennsylvania, once a week for three successive weeks. 6506.2 9-10-2004 §65-4 SOLID WASTE §65-4 B. Such notice shall set forth in what respect such condition constitutes a violation of this article,whether removal is (Cont'd on page 6507) 6506.3 9-10-2004 §65-4 SOLID WASTE §65-5 necessary and required by the township or whether the situation can be corrected by repairs, alterations or by fencing or boarding or in some way confining and limiting the violation and what action must be taken within the required time period. Such notice shall require the owner and/or tenant to complete the required action in accordance with the terms of the notice and this article within 20 days and to comply fully with its terms, with all material to be supplied and work to be done at the owner's and/or tenant's expense; provided, however, that if any of the provisions of §65-2F, H, K or L is violated, and if the circumstances require immediate corrective measures, such notice shall require the owner and/or tenant to immediately comply with the terms hereof. § 65-5. Violations and penalties. If the owner and/or tenant, after receiving due notice,refuses to comply with the terms thereof: A. Any person who violates or permits a violation of this article shall be subject to a fine not to exceed$1,000,plus court costs, and, in default of payment, to confinement for a period not greater than 30 days, to be enforced by an action brought before the District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction to enforce compliance herewith. [Amended 10-21-1996 by Ord. No. 117;3-17-1997 by Ord.No. 120] B. The Board of Supervisors may direct the removal, repair or alterations, as the case may be, to be done by the township and to certify the costs thereof to the Township Solicitor; the cost of such removal, repairs or alterations 6507 8_25-98 ....._........_ ... _........... §65-5 SAINT THOMAS CODE §65-8 shall be filed as a lien upon such premises from the time of such removal, repairs and alterations, which date shall be determined by the certificate of the person doing such work,and filed with the Township Secretary;and/or C. The township, by means of complaint in equity, may compel the owner of the premises to comply with the terms of any notice of violation or seek any such other relief as any such court of competent jurisdiction is empowered to afford. ARTICLE II Disposal and Recycling [Adopted 6-15-1999 by Ord.No. 134] § 65-6. Scope. This article shall govern and control all aspects of the collection, storage, transportation, processing and disposal of municipal waste and recycling in Saint Thomas Township. It contains regulations applicable to haulers of municipal waste, collectors of recyclables,individuals,commercial,municipal and institutional establishments and community activities. §65-7. Purpose. This article is being enacted in an effort to implement an improved 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 while decreasing costs of collection and removal of recyclables from the township. §65-8. Definitions. As used in this article, the following terms shall have the meanings indicated: 6508 8-25-9s § 65-8 SOLID WASTE §65-8 AGENT— One who performs an act for his immediate family or for another person gratuitously (without any form of monetary or material compensation therefor). ALUMINUM CANS— Empty, all-aluminum beverage and food containers. APPLICANT—A person desirous of being licensed as a hauler or of being issued a recyclable collection permit, as the case may be. AUTHORIZED COLLECTOR— A licensed hauler (as defined herein); a recyclable collection permittee (as defined herein); or a person who, being so authorized by the terms of this article, removes municipal waste or recyclables from his own premises, as owner of the building or commercial, municipal or institutional estab- lishment or community activity conducted therein, or as an agent(as defined herein)of another person. BIMETALLIC CANS — Empty food or beverage containers consisting of both steel and aluminum. BULKY ITEMS— Discarded white goods (major appliances), televisions, mattresses, furniture, air conditioners and similar household items; any other discarded household item of such size that it cannot be placed in a standardized municipal waste container. Bulk waste shall not include construction debris, hazardous material,automotive parts or tires. COLLECTOR— Any person who collects, for removal from premises,municipal waste or recyclables. COMMERCIAL— Of or pertaining to any wholesale, retail, industrial, manufacturing, transportation, financial or professional service or office enterprise, business or establishment. COMMUNITY ACTIVITY— An activity or event sponsored or organized by a public or private nonprofit organization for recreational, educational, cultural or civic purposes, which may be attended by members of 6509 8-25-99 . .. §65-8 SAINT THOMAS CODE §65-8 the public, whether or not an entrance or participation fee is charged therefor. COMPOSTING— The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product. COMPOSTING FACILITY— A facility using land for processing of municipal waste by composting. CONSTRUCTION DEBRIS— Material of any kind resulting from the construction,repair or maintenance of any building or structure. 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 Washington Township Supervisors or the collector, for collection and removal by an authorized collector for delivery to a recycling center. 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. DISPOSAL— The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner such that the municipal waste or a constituent thereof enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania. DISPOSAL AREA— Any site, location, area, building, structure, transfer station or premises to be used for municipal waste disposal. 6510 8-25-99 §65-8 SOLID WASTE §65-8 GARBAGE— All putrescible animal and vegetable matter resulting from the handling,preparation,cooking and consumption of food. GLASS CONTAINERS— All empty food and beverage jars or bottles made from silica or sand, soda ash, and limestone, the product being transparent or translucent (either clear, green or brown), excluding, flat glass, plate glass, glass commonly known as "window glass," automotive glass,and ceramic and porcelain products. HIGH-GRADE OFFICE PAPER— Any white paper other than newsprint, magazines or other chemically coated paper or corrugated paper, of the type commonly used for letter- writing stationery, note paper, plain paper, photocopying machines, computer printers and other general-purpose paper,whether or not any printed or written matter is contained thereon. INSTITUTIONAL— Of or pertaining to any establish- ment engaged in service to persons, including but not limited to hospitals,nursing homes,orphanages,schools, universities, churches and social or fraternal societies and organizations. LANDLORD— The owner of residential property or such owner's authorized agent or representative. LEAF WASTE— Leaves, garden residues, shrubbery and tree trimmings(less than four feet in length and two inches in diameter), and similar material, but not including grass clippings. LEAF COMPOSTING FACILITY— A facility for composting vegetative material,including leaves,garden residues, chipped shrubbery and tree trimmings. The term does not include a facility that is used entirely or partly for composting grass clippings. LICENSED HAULER— A person licensed by Saint Thomas Township to collect, haul, transport and dispose of municipal waste and recyclables. 6511 s-25_99 §65-8 SAINT THOMAS CODE §65-8 MAGAZINES — Printed matter, also known as "periodicals," containing miscellaneous written prices published at fixed or varying intervals, printed on glossy or chemically coated paper. Expressly excluded are newspapers and all other paper products of any nature whatsoever. MULTIFAMILY HOUSING PROPERTY— A type of residential property either under single ownership by a person or organized as a condominium or cooperative form of housing, which contains four or more dwelling units. MUNICIPAL— Of or pertaining to any office or other property under the control of any branch or arm of the federal government of the United States of America, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth of Pennsylvania, including but not limited to the Township of Saint Thomas, any counties, cities, boroughs, townships and municipal authorities. MUNICIPAL WASTE— An all-encompassing, most general term meaning any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities except farm-produced manure; other agricultural waste; food-processing waste used on land where such materials will improve the condition of the soil,the growth of crops or the restoration of the land for the same purposes; and any sludge not meeting the definition of"residual or hazardous waste as defined in Commonwealth of Pennsylvania Solid Waste Management Actl;but excluding recyclables. NEWSPRINT— Paper of the type commonly referred to as "newspaper" and distributed at fixed or stated 1 Editor's Note:See 35 P.S.4 6018.101 et seq. 6512 8-25_99 §65-8 SOLID WASTE § 65-8 intervals, usually daily or weekly, having printed thereon news and opinions and containing advertise- ments and other matters of public interest. The term "newsprint" expressly excludes glossy advertising inserts, magazines, glossy or other chemically coated paper, office paper and any other paper products of any nature. PERSON— Any individual, partnership, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors. PLASTIC BEVERAGE CARRIER— Plastic rings or similar plastic connectors used as holding devices in the packaging of beverages, including but not limited to all carbonated beverages, liquors, wines, fruit juices, mineral waters,soda and beer. PLASTIC CONTAINERS— Empty plastic food and beverage containers, the specific types of which may, from time to time, be designated by resolution of the Township of Saint Thomas Supervisors. PRIVATE HOUSEHOLD WASTE — Solid waste generated in a residence. PROCESSING—Any technology used for the purpose of reducing the volume or bulk of municipal waste, or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer stations, composting facilities and resource-recovery facilities. PUBLIC CONTAINER—Any device owned by any local, state or federal government in which solid waste is held for storage or transportation. 6513 8-25_99 §65-8 SAINT THOMAS CODE §65-8 RECYCLABLE COLLECTION PERMITTEE — A person authorized by the township,through the issuance of a permit therefor, to collect, transport and dispose of recyclables exclusively (and not municipal waste) for persons other than himself, his immediate family or persons for whom he is acting as an agent (as defined herein). RECYCLABLES— Materials designated as recyclables in this article, or required by the terms of this article(or any amendment hereto) to be kept separate from municipal waste and recycled. RECYCLING— The collection, separate maintenance, recovery and sale or reuse of recyclables which would otherwise be disposed of or processed as municipal waste, or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy. RECYCLING CENTER— A facility designed to, and which does, act as a collection center for the processing, storage and shipment of recyclables. The term specifically excludes charitable organizations that accept recyclables for collection but do not process such recyclables and agricultural organizations that accept newspaper for use in the care of animals and then treat the residue as manure waste. RESIDENTIAL— Of or pertaining to any dwelling unit used as a place of human habitation and which is not commercial, municipal, institutional or a community activity. Home occupations incidental to be residential use within a building are considered"residential." RESOURCE RECOVERY FACILITY— A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including but not limited to a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic 6514 8-25-99 §65-8 SOLID WASTE § 65-8 fraction of municipal waste to usable energy and any chemical and biological process that converts municipal waste into a fuel product. The term also includes any facility for the combustion of municipal waste that is generated off site, whether or not the facility is operated to recover energy.The term does not include: A. Any composting facility. B. Methane gas extraction from a municipal waste landfill. C. Any separation and collection center, drop-off point or collection center for recycling or any source- separation or collection center for composting leaf waste. D. Any facility,including all units in the facility,with a total processing capacity of less than 50 tons per day. RUBBISH— Leaves, branches, trees, sawdust, chips, shavings, wood, woodenware, leather, rags, grass, straw and all solid combustible matter not included in this section under the definition of"garbage." SOLID WASTE— Waste, including but not limited to municipal, residual or hazardous wastes, including solid materials,liquid,semisolid or contained gas. STEEL CANS— Empty food or beverage containers made of steel,tin-coated steel or other ferrous metal food or beverage containers. STORAGE— The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such municipal waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal. This presumption can only be overcome by clear and convincing evidence to the contrary. TOWNSHIP— Saint Thomas Township, Franklin County,Pennsylvania. 6515 9_25_99 § 65-8 SAINT THOMAS CODE §65-9 TRANSPORTATION— The off-site removal of any municipal waste at any time after generation thereof. WASTE— A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of. The term does not include source-separated recyclable materials or material approved by the Commonwealth of Pennsylvania Department of Environmental Resources for beneficial use. YARD WASTE— Grass clippings, prunings and other similar discarded materials from yards and gardens. YARD WASTE COMPOSTING FACILITY— A facility that is used to compost grass clippings, including a facility that is used to compost leaf waste. §65-9. Dumping;litter;farming exemptions. A. It shall be unlawful for any person to store, dump, discard or deposit, or to permit the storage, dumping, discarding or depositing of,any solid waste or recyclables upon the surface of the ground or underground within the township, except in proper containers for purposes of storage or collection and except where the waste or recyclables are of such size or shape as not to permit their being placed in such containers. It shall be unlawful for any person to dump or deposit any solid waste or recyclables in any stream, body of water or on any public right-of-way within the township. B. The presence of any articles containing a person's name among solid waste or recyclables shall create a rebuttable presumption,for purposes of this article,that said solid waste or recyclables are the property of the person whose name is found therein. This presumption can only be rebutted by clear and convincing evidence to the contrary. 6516 8-25-99 §65-9 SOLID WASTE §65-10 C. Every owner of property or occupant thereof responsible for such property's day-to-day operation or maintenance shall pick up and discard in an appropriate receptacle any municipal waste, recyclables or other debris deposited or accumulated on the sidewalk or gutter in front of or adjacent to such property. All owners or operators of commercial, industrial, institutional and municipal establishments in the township shall take all reasonable precautions to prevent the deposition and accumulation of debris in front of their premises and, in furtherance of that end, may place appropriate waste containers on the sidewalks in front of or adjacent to their premises at a point which will not create a hazard to traffic or pedestrians. Any such receptacles so placed shall be emptied on a regular basis and maintained in a neat and clean appearance. D. Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming operation, including composting and spreading of manure or other farm-produced agricultural waste, provided that such activities are conducted in accordance with all applicable laws,rules and regulations. § 65-10. Preparation and storage. 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 accordance 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 6517 8_25_99 §65-10 SAINT THOMAS CODE §65-10 (except that lids shall be optional on large bulk containers commonly known as "dumpsters" used for construction/demolition/manufacturing solid wastes; dumpsters used for household, commercial and industrial garbage shall have lids). 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 (as defined in the "Solid Waste Management Act of Pennsylvania"2), including but not limited to municipal waste of a highly flammable or explosive nature, or highly infectious or contagious municipal waste, shall not be stored for ordinary collection, but shall be specially disposed of in accordance with the directions of the township or of any state or federal authority having jurisdiction thereof. E. Containers shall be placed at such locations as may be agreed upon by the person and the authorized licensed hauler. F. Bulk containers shall not be permitted to overflow or to have waste strewn or left about them on the ground. A violation of this provision shall be deemed a violation of this article by the person on whose property the bulk container is located,if it is located on private property. 2 Editor's Note:See 35 P.S.4 6018.101 et seq. 6518 8-25-99 §65-11 SOLID WASTE §65-11 § 65-11. 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. A. 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 30 days or at shorter intervals,in order to prevent odors, vectors or accumulations of refuse or garbage that are unsafe, unsightly or potentially harmful to the public health. Any municipal waste so removed shall be disposed of in accordance with the requirements of this article. B. 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. Municipal waste shall be prepared for collection and be collected and removed from such persons' or establishments' properties. No person other than a licensed hauler shall collect or remove municipal waste from any other person's property. C. 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. Licensed haulers shall not collect residential municipal waste from properties within the township limits on Sunday. E. 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. 6519 8_25_99 .._.............. .._........._... . .... . §65-11 SAINT THOMAS CODE §65-13 F. 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 Envi- ronmental Resources, and which is approved for disposal in the Franklin County Solid Waste Plan(or to a transfer station from which it will be taken and ultimately disposed of at such a facility)provided that such hauling shall be in addition to, and not in place of, the regular removal of municipal waste as required by this section and provided that such is not in violation of any county or other municipal law or regulation. G. Nothing in this section shall modify the requirements in this article pertaining to separation and disposal of recyclables. Nothing in this section shall impair the ability of the township to provide a system of placement for removal and public collection of leaf waste, or the township residents to utilize such system of public collection of leaf waste, anything herein contained to the contrary not withstanding. §65-12. Transportation of waste. A. Any person transporting municipal waste within the township shall prevent or remedy any spillage from vehicles or containers used in the transport of such municipal waste. B. All persons authorized to collect municipal waste shall do so in vehicles that are provided with either closed, covered containers or which have measures taken to prevent waste from being blown or falling from the vehicle. § 65-13. Open burning. L p-) No person shall ignite, cause, feed, permit or maintain any open fire for the destruction of solid waste on any property 6520 8-25-99 §65-13 SOLID WASTE §65-14 under his control,except as herein after provided. Exceptions to open burning prohibition shall be as follows: A. Open fires may be set in the performance of an official duty of any public officer if the fire is deemed necessary for the prevention of a fire hazard which cannot be abated otherwise and for the protection of public health. B. Open burning may be set for combustionable household trash (excludes plastics, garbage, all hazardous materials and their containers, items that produce excessive or smelly smoke and other nonburnable items) leaf waste and yard waste, provided that all restrictions . imposed by other chapters of the Code of the Township of Saint Thomas, Pennsylvania, are adhered to, in particular Chapter 38 and Article I of this chapter. All such burning is to be controlled and performed under full-time adult supervision. C. No open burning is to occur when the appropriate township governmental representatives (Board of Supervisors or EMA Coordinator) indicate that conditions are not suitable for burning. Reference Chapter 38 of the Code of the Township of Saint Thomas, Pennsylvania. D. Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming operation, provided that such activities are conducted in accordance with all applicable laws, rules and regulations. §65-14. 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 authorizing such placement. One such permit shall be obtained for each dumpster to be placed on any public street or right-of-way. The township shall collect a fee for each such permit issued, in an 6521 s_25_ss §65-14 SAINT THOMAS CODE §65-17 amount to be established by resolution of the township. The permits required hereunder shall be in the form of a sticker or other device capable of being affixed to the dumpster for which the permit is issued, and the permit shall be so affixed to the dumpster by the permittee in accordance with instructions of the township pertaining thereto. The permits issued pursuant to this section shall be nontransferable and may be used only by the permittee to whom originally issued, for the dumpster and at the location for which originally issued. §65-15. 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. The use of such public containers for the disposal of private household or commercial waste is prohibited. § 65-16. Collectors to furnish customer information. Upon request by the township each licensed collector shall furnish to the township on a form to be provided therefor the name and address of all owners/customers of properties being serviced by such collector. §65-17. 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. All persons producing such waste shall be responsible for disposing of it.The preferred manner of disposal is to by mulching the waste and reusing it on the property from which the waste was generated. 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. 6522 8_25_88 §65-18 SOLID WASTE §65-18 §65-18. Separation of recyclables. A. Recyclables shall be kept separate from and disposed of separately from municipal waste, to the extent required by the following provisions: (1) Owners and occupants of all residential properties shall keep separate but may commingle the following recyclables: clear glass, colored glass and aluminum cans, steel cans and bimetallic cans, No. 1 and No. 2 plastics and newsprint, which shall be tied or placed in paper (not plastic) bags and bundled separately (bundles not to exceed 50 pounds). (2) Owners and occupants of all commercial, municipal and institutional establishments and properties and sponsors or organizers of community activities shall keep separate the following recyclables: clear glass, colored glass, aluminum, steel and bimetallic cans, corrugated paper and high-grade office paper, No. 1 and No. 2 plastics and newsprint, which shall be tied and bundled separately (bundles not to exceed 50 pounds). (3) Alternatively, the Township Supervisors may by resolution enumerate alternative recyclables, which will be required to be separated from municipal waste and collected in accordance with this article. B. Corrugated paper shall be placed in easy-to-manage bundles not to exceed 50 pounds and kept dry. Glass and plastic containers and aluminum, steel and bimetallic cans shall be emptied, lids removed and containers 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 50 pounds. High-grade office paper shall be placed in containers not to exceed 50 pounds. Recyclables shall not be placed in the same garbage can or other container as, or otherwise mixed with, municipal waste for collection, removal or disposal. Recyclables shall not be placed in 6523 8_25_99 §65-18 SAINT THOMAS CODE §65-20 plastic bags or corrugated boxes. The fifty-pound limit can be waived by the hauler. C. ftecyclables may be set out for collection in a manner different from the requirements in Subsection B (above) if the collector designates the alternative manner and the township approves it. § 65-19. Disposal or placement for removal of recyclables: residential (other than multifamily housing properties). A. For residential properties other than multifamily housing projects, all recyclables which are required to be kept separate in residential properties pursuant to §65-18 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. 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 recyclables shall be placed at an area other than within the public right-of-way. §65-20. Disposal or placement for removal of recyclables:multifamily housing properties. A. For multifamily housing properties, all recyclables which are required to be kept separate in residential properties pursuant to §65-18 above shall either be delivered directly to a recycling center or shall be picked up by a recyclable collection permittee or a licensed hauler separately from municipal waste, in a prearranged manner. If any recyclables are picked up by a recyclable 6524 8-25-99 §65-20 SOLID WASTE §65-21 collection permittee,then all recyclables generated at the property shall be made available to such recyclable collection permittee for collection. B. The landlord of every multifamily housing property shall require,by a clause in the lease or other enforceable rule or regulation, that the tenants in such property comply with the requirements of this article governing separation and disposal or placement for removal of recyclables in multifamily housing properties. Every such landlord shall set up a convenient and practical collection system in such properties for the collection, storage and regular disposal or placement for removal of recyclables generated by the residents of such properties. C. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. D. Owners, landlords and agents of owners or landlords who comply with the aforementioned requirements relative to multifamily housing properties shall not be liable for the noncompliance of occupants of their building. §65-21. 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 §65-18 above shall either be delivered directly to a recycling center or shall be picked up by a recyclable collection permittee or a licensed hauler separately from municipal waste, in a prearranged manner. If any recyclables are picked up by a recyclable collection permittee, then all recyclables generated at the 6525 s-28_99 §65-21 SAINT THOMAS CODE § 65-24 property shall be made available to such recyclable collection permittee for collection. § 65-22. Recycling reports for multifamily housing properties. The landlord of every multifamily housing property shall inform the township,in writing,indicating where the property's recyclables are to be/were delivered. §65-23. Recycling reports for commercial, municipal and institutional establishments and community activities. Every commercial,municipal and institutional establishment and community activity sponsor shall inform the township, in writing, where the establishments or activity's recyclables are to be/were delivered. § 65-24. Collection by unauthorized person; collection of nonseparated waste prohibited. A. From the time of placement for collection of residentially generated recyclable items for collection in accordance with the terms of this article, the items shall be and become the property of the township or its authorized agent. It shall be a violation of this article for any person unauthorized by the township to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided. B. It shall be unlawful for a person to collect, remove or dispose of municipal waste which contains recyclables required by that person to be separated, combined therewith. 6526 s-25-99 §65-25 SOLID WASTE §65-25 § 65-25. 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 be given only as set forth below. Authorization to collect, transport and dispose of municipal waste or recyclables for persons other than one's self or for whom one is acting as an agent(as defined in this article) may be given only by the township through the issuance of a hauler's license or a recyclable collection permit. A junk yard licensed under Chapter 46 of the Code of the Township of Saint Thomas shall be deemed a holder of a recyclable collection permit. A holder of a hauler's license shall be deemed a holder of a recyclable collection permit. A person who collects recyclables only shall apply for and obtain a recyclable collection permit. A person who collects municipal waste exclusively or in addition to recyclables shall apply for and obtain a hauler's license. All licensed haulers and recyclable collection permittees shall have an affirmative duty to follow and conduct themselves in accordance with their current license or permit and to service each of their customers in accordance with the requirements of this article, any failure of which shall be a violation of this article. All applications for such evaluated and approved in criteria licenses or permits shall be accordance with the following: A. Hauler's license. (1) Haulers' licenses may be issued to only those persons who can comply with the provisions and intent of this article. (2) Applicants for hauler's license must furnish the following information upon request of 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 of 6527 8_25_99 §65-25 SAINT THOMAS CODE §65-25 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 comprehensive and liability insurance covering bodily injury and property damage,the limits of 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 workmen'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 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,3 the Municipal Waste Planning, Recycling and Waste Reduction Act4 or any regulations of the Department of Envi- ronmental Resources relating to the environment and to solid waste, or has been convicted of any such violation. 3 Editor's Note See 35 P.S.4 8018.101 et seq. 4 Editor's Note See 53 P.S.4 4000.101 et seq. 6528 8-25-99 § 65-25 SOLID WASTE §65-25 (c) If the applicant has any uncollected judgments filed against him resulting from lawsuits 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) Haulers' licenses shall be issued on a calendar-year basis but may be revoked at any time by 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 article and the conditions under which the license was issued. (b) Administrative proceedings. [1] In case of violation or failure to comply with the provisions of this section, the Township Supervisors shall give the licensee an opportunity for a hearing thereon. Any licensee so entitled to a hearing shall have 10 days after notice of his right to a hearing is given 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 licensee given 10 days' written notice of the time 6529 8_25_99 §65-25 SAINT THOMAS CODE §65-25 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 haulers'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 Saint Thomas Township. (b) Signs. 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 headquarters 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 inches in height and clearly legible. Vehicles shall be so marked within 10 days after the commencement of their use in the township. (c) The licensee shall be responsible for maintaining such vehicle used for collection in the township in good operating condition to 6530 8_25_99 § 65-25 SOLID WASTE §65-25 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. (d) 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 article. (e) Licensees shall comply with the limitations on hours and frequencies of collection set forth in §§65-11,65-19,65-20 and 65-21 of this article. (f) The licensee shall pay all costs charged for the use of any disposal facilities that he utilizes. (g) Licensees shall empty bulk containers (such as dumpsters) which have been provided by them to their customers, when such bulk containers become full. B. Recyclable collection permit. No person who is not a licensed hauler as defined in this article shall collect, transport or dispose of recyclables for any person other than himself or for whom he is acting as an agent (as defined in this article) unless he has applied for and obtained a valid recyclable collection permit authorizing such activity. A junk yard licensed under Chapter 46 of the Code of the Township of Saint Thomas shall be deemed a holder of a recyclable collection permit and not subject to any additional fees;however,they will have to comply with all other conditions of this article. 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 Saint Thomas Township Supervisors. Recyclable collection 6531 8_25-99 § 65-25 SAINT THOMAS CODE §65-25 - 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 article. (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. (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) A certificate of the applicant's insurance coverage certifying the maintenance by the applicant of complete third-party comprehensive and liability insurance covering bodily injury and property damage,the limits of which shall be not less than $300,00/$500,000 for bodily injury and for property damage. (e) A certificate of the applicant's workmen's compensation insurance as required by law. (0 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 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. 6532 8-25-99 §65-25 SOLID WASTE §65-25 (b) If the applicant has violated or is violating any ordinance of the township, the Solid Waste Management Act,5 the Municipal Waste Planning, Recycling and Waste Reduction Act° or any regulations of the Department of Envi- ronmental Resources 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 lawsuits filed against him by any customer. (d) Where, in the township or elsewhere, the applicant has failed to fulfill his duties as a recyclable collection permittee in general or in particular has failed to pick up 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 recyclables in accordance with the terms of this article and the conditions under which the permit was issued. (b) Administrative proceedings. [11 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 thereon. Any permittee so entitled to a hearing shall have 10 days after notice of his right to a hearing is given to him b Editor's Note:See 35 P.S.5 6018.101 et seq. 6 Editor's Note:See 53 P.S.5 4000.101 et seq. 6533 s-2a-99 §65-25 SAINT THOMAS CODE §65-25 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 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 permit 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 recyclables. (5) Conditions relating to recyclable collection permits. (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 Saint Thomas 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 and 6534 8-25-99 §65-25 SOLID WASTE §65-25 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 days prior to the date such a change will take place except in an emergency, provided that the township is promptly notified thereof. (c) Signs. Permittees shall have placed on the doors or each side of the body of each 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 inches in height and clearly legible. Vehicles shall be so marked within 10 days after the commencement of their use in the township. (d) Permittees shall be responsible for maintaining 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 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, hauling and disposal of recyclables under the terms of this article. (f) Permittees shall comply with the limitations on hours and frequencies of collection set forth in §§65-11, 65-19, 65-20 and 65-21 of this article. Permittees shall not collect recyclables from residential properties within the township limits on Sundays. 6535 8_25-99 §65-25 SAINT THOMAS CODE §65-27 (g) The permittee shall pay all costs charged for the use of any recycling facilities which he utilizes. (h) Permittees shall empty bulk containers(such as dumpsters) which have been provided by them to their customers when such bulk containers become full. (i) All recyclable collection permittees shall be required to take all of the recyclable material that they collect from their customers to a recycling center. § 65-26. 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. The frequency shall be not less than twice per month. § 65-27. 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 multifamily housing property customers the service of removing recyclables from their properties. Any such recyclables so removed by licensed haulers shall be kept separate from municipal waste and shall be taken to a recycling center. The frequency shall be not less than twice per month. 6536 8-25-99 §65-28 SOLID WASTE §65-30 § 65-28. Licensed haulers not to accept unlawfully disposed of recyclables. A. 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. 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. §65-29. Unlawful to terminate services of licensed hauler for compliance with regulations. No person shall terminate the services of a licensed hauler because of such hauler's compliance with the requirements set forth in§65-28 above. §65-30. 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. 6537 8_25_99 § 65-31 SAINT THOMAS CODE § 65-33 § 65-31. Missed pick-up. In the event of any missed pick-up attributed to a fault by the collector, the collector shall collect from the missed location before the end of the next business day. § 65-32. Complaints. All complaints regarding 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 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. §65-33. Community-oriented charitable activities; right to donate or sell. A. Nothing contained herein shall impair or prohibit any recognized religious, civic, fraternal, charitable or benevolent organization, association or society from undertaking or sponsoring voluntary programs or projects involving the collection of recyclables from the public. Any such collection activity can only occur prior to the recyclable materials being placed at curbside or similar location for collection by an authorized collector. Prior to initiating such activity the organization shall obtain authorization from the township. B. Nothing herein shall be deemed to prohibit any person from donating or selling any recyclables to individuals or organizations unless or until such recyclables are placed at curbside or similar location for collection by an authorized collector. 6538 9_25_99 § 65-34 SOLID WASTE § 65-36 § 65-34. Violations and penalties. Any person who violates any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $300 nor more than $1,000 and costs of prosecution or, in default of payment of such fines and costs, to undergo imprisonment of not less than 10 days nor more than 30 days; provided that each violation of any provision of this article and each day the same is continued shall be deemed a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this article, or the failure to do any act or thing as to which any provision of this article creates an affirmative duty, shall constitute a violation of this article,punishable as herein stated. § 65-35. Section titles;word usage. The various headings used throughout this article 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 article. In this article, unless the context clearly indicates otherwise, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine and neuter. ARTICLE III Brush, Grass and Weeds [Adopted 12-19-2001 by Ord.No. 143] § 65-36. Declaration of nuisance. Pursuant to the authority granted by Section 1529 of the Second Class Township Code of the Commonwealth of Pennsylvania, the Act of May 1, 1933, (P.L. 103, No. 69) as reenacted and amended on November 9, 1995, (P.L. 350, No. 60),1 it is hereby declared to be a public nuisance threatening 1 Editor's Note:See 53 P.S.4 66529. 6539 12-25-2002 § 65-36 SAINT THOMAS CODE § 65-38 the health, safety and welfare of the citizens of the Township of Saint Thomas for any person, firm or corporation owning or occupying any property to permit any grass or other vegetative material to grow or remain upon such premises, or upon a grass plot along a road or street, so as to exceed a height above 12 inches. § 65-37. Removal, trimming or cutting required. All property owners shall remove,trim or cut all grass,weeds or other vegetative material growing within the area set aside by the individual property owner as lawn area, or in the event of vacant lots,the whole lot area,which are growing in excess of 12 inches in height. § 65-38. Exceptions. There shall be specifically exempted from the requirements of this article the following areas: A. Wetlands: Areas that under normal circumstances have hydrophytic vegetation, hydric soils and wetland hydrology. B. Wetland hydrology: Permanent or periodic inundation or prolonged soil saturation sufficient to create an aerobic condition in the soil. C. Normal farming operations: The customary and generally accepted activities, practices and procedures that farmers adopt, use or engage in year after year in the production and preparation for market of crops, livestock and livestock products and in the production and harvesting of agricultural, agronomic, horticultural, silvacultural and aquacultural crops and commodities. D. Riparian buffer:An area of vegetation that is maintained along the shore of a water body to protect stream channels and banks. Buffers can reduce the pollutants entering a stream,lake or pond by trapping,filtering and 6540 12-25-2002 § 65-38 SOLID WASTE §65-38 converting sediments, nutrients and other chemicals in runoff from surrounding lands. E. Forested riparian buffer or streamside forests: Riparian buffers with a functional forest ecosystem. Forested buffers are the most beneficial type of buffer because they provide water quality and ecological benefits, including food, cover and protection from temperature changes for fish and wildlife. F. Land in agricultural production: Lands used for the production for commercial purposes of crops, livestock and livestock products. G. Crops, livestock and livestock product: Include but are not limited to: (1) Field crops, including corn, wheat, oats, rye, barley, hay,potatoes and dry beans. (2) Fruits, including apples, peaches, grapes, cherries and berries. (3) Vegetables, including tomatoes, snap beans, cabbage,carrots,beets,onions and mushrooms. (4) Horticultural specialties, including nursery stock, ornamental shrubs,ornamental trees and flowers. (5) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals,milk,eggs and furs. (6) Timber,wood,and other wood products derived from trees. (7) Aquatic plants and animals and their by-products. H. Parks and open space: Any and all public parks, recreational areas and facilities and open space lands whether under the jurisdiction of federal, state or local agencies including private conservation/preservation organizations. I. Wooded areas:All areas that are predominantly wooded. 6541 12-25-2002 § 65-38 SAINT THOMAS CODE § 65-40 J. Governmental programs: Any federal, state or local programs which require the unimpaired growth of plants during a majority of all of the growing season. K. Educational programs: Any areas designated for educational studies. L. Home vegetable gardens: Vegetable gardens cultivated on residential properties. M. Forests: A tract of wooded land characterized by dense tree growth and underbrush. N. Ornamental/flower gardens: A tract used as an ornamental/flower garden. § 65-39. Responsibility of owner. The owner of any premises described in §§ 65-36 and 65-37 above to which the exceptions itemized in § 65-38 do not apply, shall remove, trim or cut all grass, weeds or other vegetative material growing in excess of 12 inches. § 65-40. Notice of violation;failure to comply. The Board of Supervisors of the Township of Saint Thomas is hereby authorized to give notice, by personal service or mail, to the owner of any premises whereon grass, weeds or other vegetation as referenced above is growing or remaining in violation of §§65-36 and 65-37 above directing and requiring such owner to remove, trim or cut such grass, weeds or other vegetation, so as to conform to the requirements of this article within five days after the issuance of said notice. In case any person,firm or corporation shall neglect,fail or refuse to comply with such notice within the period of time stated herein, the Township of Saint Thomas Board of Supervisors shall have the authority to remove,trim or cut such grass,weeds or vegetation and the costs thereof, together with 15% added as administra- tion expenses, may be collected from such person, firm or corporation in the manner provided by law. 6542 12-25-2002 § 65-41 SOLID WASTE § 65-41 § 65-41. Violations and penalties. In addition to the provisions of § 65-40 next above, if the owner, after receiving due notice as provided in § 65-40 of this article, refuses to comply with the terms thereof, he shall be guilty of a violation of this article and shall, upon being found liable thereof in a civil enforcement proceeding commenced by or on behalf of the Township of Saint Thomas Board of Supervisors, pay a fine of up to $1,000 plus the costs of prosecution for each violation. Each day a violation continues after the owner has been found guilty by a District Justice shall constitute a separate offense for which additional fines and costs may be levied. 6543 12-25-2002