SOLID WASTE DISPOSAL AND RECYCLING
§101. Short Title
§104. Insurance Coverage Requirements
§105. Required Use of Collector Services
§107. Preparation of Domestic Solid Waste for Collection
§108. Collection Practices
§110 Requirements for Multi-Family Rental Dwellings
§111 Requirements for Commercial, Industrial and Institutional Establishments
§112 Requirements for CondominiumBuilding
§113. Manager’s Authority and Duties; Rules and Appeals
SOLID WASTE DISPOSAL AND RECYCLING
§101. SHORT TITLE.
This Part shall be known as the “Hampden Township Domestic Solid Waste and Recycling Ordinance.”
(Ord. 98-10, 10/1/1998, §1)
The purpose of this Part is to protect the health, safety and welfare of the residents of the Township of Hampden by regulating the collection, storage, transportation, removal, recycling, dumping, depositing and disposal of solid waste materials by:
A. Instituting a comprehensive domestic solid waste management program.
B. Establishing a mandatory solid waste recycling program in accordance with the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act.
(Ord. 98-10, 10/1/1998, §2)
The following words, terms and phrases, when used in this Part, shall have the meaning as set forth in the Section, unless where the context in which such word, term or phrase is used clearly indicates otherwise:
COLLECTOR – the individual, partnership, firm, corporation or other business entity designated by the Township by means of an independent contract as the entity having the exclusive right and privilege to collect, haul, transport, remove and dispose of domestic solid waste from dwellings located within the Township of Hampden.
COMMERCIAL ESTABLISHMENT – Any establishment engaged in a non-manufacturing or non-processing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers, theatres, and trucking terminals.
DOMESTIC SOLID WASTE – garbage, ashes, refuse, rubbish, trash and other non-sewage or non-wastewater waste materials normally generated in domestic family living, but shall exclude hazardous waste and yard waste. [Ord. 03-07]
DWELLING – a building or structure containing dwelling units, but shall not include residential hotels, hotels, motels, tourist cabins, assisted living facilities, mobile homes in an established mobile home park, or an apartment or condominium building containing more than six dwelling units. [Ord. 03-07]
DWELLING UNIT – one or more rooms in a dwelling which room or rooms has fixed cooking facilities and arranged for occupancy by one person, two or more persons living together, or one family.
GLASS – plain, clear, uncolored or colored glass bottles and jars. Expressly excluded from this definition of glass are blue glass, lead crystal, porcelain, ceramic products, tempered or plate glass, cooking ware, mirror glass, light bulbs, window glass, china, cups or bowls.
HAZARDOUS WASTE – those waste materials as designated and classified from time to time under the Pennsylvania Solid Waste Management Act (Enacted July 7, 1980, EL. 380, No. 97, 35 P.S. §6018.101).
INDUSTRIAL ESTABLISHMENT – Any establishment engaging in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, and refineries.
INSTITUTIONAL ESTABLISHMENT – Any establishment engaged in services to persons, including but not limited to hospitals, nursing homes, assisted living centers, orphanages, schools, and universities.
LEAF WASTE – leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
MANAGER – the Township Manager as duly appointed by the Township Commissioners.
METAL CANS – clean, non-aerosol and empty metal (aluminum, steel or bimetallic) beverage and food containers.
MULTI-FAMILY RENTAL DWELLING – Any structure or group of structures (operated as a rental complex) containing seven (7) or more rented or leased dwelling units and mobile home parks.
NEWSPAPER – paper of the type commonly referred to as newsprint, excluding magazine paper and slick newspaper inserts.
OWNER – the actual owner of a dwelling as indicated in the land records of the County of Cumberland at the Cumberland County Court House.
PERSON – any natural person, partnership, firm, association, company, organization, corporation or any other entity.
PLASTIC BOTTLES – clean and empty consumer product containers made of polyethylene terephthalate (PET), polypropylene (PP), high density polyethylene (HDPE) and low density polyethylene (LDPE) most commonly, but not limited to, plastic bottles used as containers for soda, milk and other consumer food products, or for household cleaning products or for personal care products.
RECYCLABLES or RECYCLABLE MATERIALS – those materials specified by official resolution of the Commissioners now and hereafter enacted for separation, collection, processing, recovery or reuse as part of the recycling program, now including metal cans, newspaper, glass, aerosol cans and plastic bottles as defined herein.
RECYCLING – the program or system of separation, collection, processing, recovery or reuse of recyclables.
REDUCED RATE CUSTOMER – a customer who qualifies and participates in the current Pennsylvania property tax or rent rebate program.
SWACC – Solid Waste Authority of Cumberland County. [Ord. 03-07]
TOWNSHIP – the Township of Hampden, a municipal entity.
TOWNSHIP COMMISSIONERS – the duly elected Commissioners acting on behalf of the Township as the Board of Township Commissioners.
YARD WASTE – shrubbery clippings, branches cut into maximum six-foot lengths that are no larger than five inches in diameter. Grass and leaves are excluded. [Ord. 03-07]
(Ord. 98-10, 10/1/1998, §3; as amended by Ord. 99-02, 04/29/1999, §1; by Ord. 01-08, 11/01/2001, §1); and by Ord. 03-07,11/03/2003, §1.
§104. INSURANCE COVERAGE REQUIREMENTS.
1. Workers’ compensation including occupational disease and employer’s liability insurance.
A. Statutory. Amounts and coverage as required by workers’ compensation laws of the Commonwealth of Pennsylvania.
B. Employer’s Liability. At least $500,000, each accident.
2. Public liability, including coverage for direct operating, sublet work, elevator, contractual liability and completed operations, with limits not less than those stated below:
A. Bodily injury and property damage liability including personal injuries, $1,000,000 each occurrence, $2,000,000 annual aggregate (written on a nonparticipating basis, with no participation by the insured.)
B. Personal injury coverage shall be written on a nonparticipating basis.
C. Completed Operations Liability. Continue coverage in force for 2 years after completion of work.
3. Comprehensive automobile liability insurance including coverage for owned, non-owned and hired vehicles with limits not less than those stated below:
A. Bodily Injury Liability. $1,000,000 each person, $2,000,000 each occurrence.
B. Property Damage Liability. $1,000,000 each accident, $2,000,000 each occurrence. [Ord. 03-07]
4. Owner’s Contingent Liability (owner’s protective):
A. Personal Injury. $1,100,000 each person, $1,300,000 each occurrence.
B. Property Damage. $1,000,000 each occurrence, $2,000,000 each aggregate. [Ord. 03-07]
5. Excess or umbrella policy in the amount of $5,000,000.
6. Policies and insurers shall be subject to approval of the Township Commissioners.
(Ord. 98-10, 10/1/1998, §4; as amended by Ord. 03-07, 11/03/2003, §1, and by Ord. 06-13, 12/05/2006, §1.)
§105. REQUIRED USE OF COLLECTOR SERVICES.
1. All domestic solid waste generated in or at a dwelling shall be collected, hauled, transported, removed and disposed of by the Township through the collector, and the cost of such service shall be paid for as provided in §106(1) herein below.
2. It shall be unlawful for any owner or occupant of a dwelling unit of a dwelling to dispose of domestic solid waste except by the methods prescribed by this Part.
(Ord. 98-10, 10/1/1998, §5)
1. Dwellings. The fee for collection and disposal of refuse from Dwellings shall be at the rate of $46.50 per dwelling unit per quarter to be paid quarterly in advance. A special fee for collection and disposal of refuse from Dwelling shall be made at the rate of $43.50 per Dwelling Unit per quarter for Reduced Rate Customers. The Township may designate an agent, including any bank or trust company, to act on its behalf in the collection and accounting matters involved. In any case, quarterly invoices for trash service will be mailed to property owners. Fees shall be subject to a penalty of 10% per dwelling unit per quarter, if not paid by the 30th day after the billing date. All accounts shall be considered delinquent if not paid by the 30th day after the billing date and all delinquent accounts are subject to termination of service without notice. Upon termination, service will be resumed thereafter only on payment of the accumulated fees for the period of collection and the period of non-collection plus 10% penalty as aforesaid and interest at the rate of 6% per annum from the date of delinquency. The termination of service herein provided for shall be in addition to the right of the Township to proceed for the collection of such unpaid charges by action in assumpsit, by municipal lien, or in any other manner provided by law for the collection of a municipal claim. No abatement of fees for collection shall be allowed for the vacancy of a dwelling unit except: (1) where such vacancy has continued for a period of not less than 30 consecutive days; and (2) where the owner of such dwelling unit has given prior written notice to the Manager prior to each quarter for which the owner seeks a fee abatement indicating that such dwelling unit has been vacated.
(Ord. 98-15, 11/01/1998, §1; amended by Ord. 03-07, 11/03/2003, §1; Ord. 05-19, 12/06/2005, §2; Ord. 06-13, 12/05/2006, §1; by Ord. 07-06, 03/29/2007, §1; and by Ord. 07-18, 12/04/2007, §1.) [Ord11-13], amended by Ord. 14-10, 10/29/2014)
2. Non-Dwellings. Fees for collection from other than dwellings and dwelling units shall be fixed by mutual agreement of the parties and shall be paid directly to the person making such collection.
3. Reduced Rate Customer. A reduced rate customer who has been approved under the Pennsylvania property tax or rent rebate program must verify this approval by providing a copy of the approval certificate to the Township. The most current certificate will be used for the reduced rate for the Township’s current fiscal year.
(Ord. 98-10, 10/1/1998, §6)
4. The assessment and collection of attorney’s fees incurred by the Township in the collection of delinquent trash or refuse accounts, whether alone or billed with sewer charges and fees, are hereby authorized and shall be in accordance with the fee schedule and all provisions of Chapter 18, Part 2, Section 209.6, which schedule and provisions are incorporated by reference herein in their entirety and made applicable to delinquent fees for the disposal and collection of trash and refuse.
(Ord. 05-09, 06/30/2005, §2
§107. PREPARATION OF DOMESTIC SOLID WASTE FOR COLLECTION.
1. Preparation Requirements.
A. All Recyclable Materials shall be separated from all other Domestic Solid Waste.
B. All garbage shall be drained of liquid and wrapped in paper before being placed in the container.
C. Leaf Waste shall be separated from all other waste and shall be collected periodically by Township means.
D. Tree trimmings, hedge clippings and similar rubbish shall be cut in maximum 6-foot lengths that are no larger than 5 inches in diameter and shall be securely tied in bundles before being deposited for collection. [Ord. 03-07]
E. Newspapers, magazines and other printed matter not placed in containers shall be security tie din bundles not exceeding 40 pounds in weight. Newspapers shall be separated from all other paper and shall be tied in bundles or placed in a paper grocery bag. [Ord. 03-07]
(Ord. 01-08, 11/01/2001, §2; and as amended by Ord. 03-07, 11/03/2003, §1)
A. All recyclable materials, except newspaper, shall be placed in special containers to be provided by the Township.
B. All domestic solid waste, when possible, shall be placed in containers or durable plastic bags.
C. Containers (other than recyclable containers) shall be of durable, watertight, rust-resistant materials having a close fitting lid with handles with a capacity of not more than forty (40) gallons and shall be of such size as can be handled easily by one person or durable and watertight plastic bags. The maximum weight of a filled container shall not exceed sixty (60) pounds and the maximum weight of a filled plastic bag shall be limited to such weight as will not cause the bag to break when lifted and carried to the Contractor’s equipment. Garbage shall be thoroughly drained of all water and wrapped in paper. All rubbish containers or plastic bags shall be securely covered or tied, as the case may be.
D. Containers containing garbage shall be covered with a lid which fits securely and prevents access to rodents, flies and other insects. Plastic bags shall be secured or tied.
E. It shall be unlawful to permit the accumulation of or residue of liquids, solids or a combination of such material on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean by thorough rinsing and draining as often as necessary.
F. All containers shall be kept in a sanitary condition and shall be kept in good condition. Any container that does not conform with this Part or that is likely to injure the collector or his employees, or hampers the prompt collection of refuse, shall be replaced upon notice. Failure to replace such defective container may result in the termination of service until such time as the container is replaced.
(Ord. 03-07, 11/03/2003, §1)
3. Accumulation of Domestic Solid Waste.
A. No person shall place or cause to be placed any domestic solid waste upon any street, alley or other public place, or upon any private property, whether owned by such person or not, except it be in proper receptacles for collection, properly bundled as herein provided for collection, or under an express license issued by the Township.
B. No person shall deposit domestic solid waste in any stream or any other body of water.
C. No person shall maliciously spill or scatter the contents of any waste container or plastic bag or damage or destroy any such container or plastic bag.
D. No person, except the occupant of the premises on which the waste container or plastic bag is placed, or an authorized collector, shall remove the lids of the container and/or remove the contents of such container or plastic bag.
4. Container Placement. Refuse containers and all materials from dwelling units shall be placed behind the curb and, where there is no curb, immediately next to but off the paved portion of the roadway. In case of dispute, the Township Manager or his designee shall decide the location to be used for placing of containers by the occupant of the dwelling unit. Special arrangements may be made with the contractor to remove ashes from the cellar or other places on the premises. Placement of containers for pickup on private roads shall be the result of special arrangements between the contractor and the resident.
5. Limitation on Time of Placement of Containers. No person shall place any container of domestic solid waste for collection pursuant to subsection (4), immediately above, earlier than 6:00 p.m. prevailing time on the day preceding the date of collection by the collector.
(Ord. 98-10, 10/1/1998, §7)
§108. COLLECTION PRACTICES.
1. Domestic solid waste shall be removed from dwellings one time per week pursuant to schedules to be published by collector, as approved by the Township. Collections shall be by curb service, that is, the collector shall collect the garbage and refuse in containers, plastic bags and bundles placed in accordance with the requirements of §107(4) herein above.
2. All collections shall be made between the hours of 6:30 a.m. and 7:00 p.m., prevailing time; provided, however, that this time limitation shall not prevent the collection of material on an emergency basis during other hours when necessitated by natural catastrophe or other conditions beyond the control of the contractor. The extension of the emergency hours shall at all times be subject to approval by the Township Manager.
3. All vehicles used in the collection and disposal of domestic solid waste shall be of metal, securely covered, watertight and strongly built, and all handling of garbage and refuse on the premises from which collected and in its transportation shall be done in such a way that no spilling, leaking or strewing shall occur either on such premises or on the streets and roads of the Township.
4. The collector shall be required to collect an unlimited number of containers, plastic bags and bundles of the authorized size and weight.
5. The collection practices of the collector and any other person removing domestic solid waste from the Township shall conform to all applicable rules and regulations of the Commonwealth, the Solid Waste Authority of Cumberland County, the Township and any contract or contracts between the parties.
6. Special Waste Problems.
A. Removal of wearing apparel, bedding or other waste materials from homes or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Health Officer of the Township or the Manager. Such material shall not be placed in containers, plastic bags or bundles for regular collections.
B. Highly inflammable or explosive materials shall not be placed in containers, plastic bags or bundles for regular collection, but shall be disposed of as directed by the Manager at the expense of the owner or possessor thereof.
(Ord. 98-10, 10/1/1998, §8, as amended by Ord. 06-13, 12/05/2006, §1.)
No person or company shall dump, bring, deposit or otherwise dispose of garbage, ashes, rubbish or refuse of any kind or nature within the jurisdictional limits of the Township.
(Ord. 98-10, 10/1/1998, §9, as amended by Ord. 06-13, 12/05/2006, §1.)
§110. REQUIREMENTS FOR MULTI-FAMILY RENTAL DWELLINGS.
The owner, landlord, or agent of an owner or landlord of a multi-family rental dwelling shall establish a collection system for required recyclable materials in accordance with the SWACC.
(Ord. 99-02, 04/29/1999, §1; and as amended by Ord. 03-07, 11/03/2003, §1)
§111. REQUIREMENTS FOR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL ESTABLISHMENTS.
Owners or agents of an owner of a commercial, industrial or institutional establishment shall establish a collection system for required recyclable materials through the use of SWACC licensed hauler/recycler. Required materials are high-grade office paper, corrugated paper, and aluminum.
All haulers/recyclers shall provide quarterly recycling reports on the specific form provided by the County.
(Ord. 99-02, 04/29/1999, §1; as amended by Ord. 03-07, 11/03/2003, §1, and Ord. 06-13, 12/05/2006, §1.)
§112. REQUIREMENTS FOR CONDOMINIUM BUILDING.
The condominium association of a condominium building shall establish a collection system for required recycle materials through the use of a SWACC licensed hauler/recycler.
(Ord. 99-02, 04/29/1999, §1; and as amended by Ord. 03-07, 11/03/2003, §1)
§113. MANAGER’S AUTHORITY AND DUTIES; RULES AND APPEALS.
1. The Manager shall be charged with the administration of the provisions of this Part. He shall have authority to make rules and regulations relating to the administration of the provisions of the Part in addition to any other powers herein conferred upon him, provided that such rules and regulations are not contrary to the provisions hereof.
2. A person aggrieved by any rule or regulation promulgated by the Manager shall have the right of appeal to the Township Commissioners who may confirm, modify or revoke any such rule or regulation.
(Ord. 98-10, 10/1/1998, §9; as amended by Ord. 99-02, 04/29/1999, §1)
Any person who or which shall violate the provisions of this Part shall, upon conviction thereof in a summary proceeding before a District Justice, be sentenced to pay a fine not less than $100 nor more than $1,000 for the use of the Township of Hampden and ordered to pay the costs of prosecution, and in default of payment of such fine and costs, to undergo imprisonment for not more than 15 days in the Cumberland County Prison. Each day’s violation of this Part shall constitute a separate offense.
(Ord. 98-10, 10/1/1998, §11; as amended by Ord. 99-02, 04/29/1999, §1)
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SOLID WASTE COLLECTION LICENSE
THIS PART DELETED BY ORDINANCE NO. 03-07
ADOPTED NOVEMBER 3, 2003
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