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The contractor shall comply with all statutes and laws of the Commonwealth of Pennsylvania and all ordinances of Dover Township in any manner relating to the collection, transportation, disposal, billing and collection of municipal waste.
(Ord. 2017-02, 2/13/2017, § 1)
For a violation of any provision of this Part enforcement shall be brought before a magisterial district judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Upon conviction thereof, a violator shall be subject to a criminal fine not to exceed $1,000 per violation plus costs, to a term of imprisonment to the extent allowed by law for the punishment of summary offenses, or to a term of imprisonment for the failure to pay a fine pursuant to the Pennsylvania Rules of Criminal Procedure. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each Section of this Code or other ordinance which is found to have been violated.
(Ord. 2017-02, 2/13/2017, § 1)
1. In any case where a provision of this Part is found to conflict with a provision of any zoning, building, fire, safety or health ordinance, the provision which establishes the higher standard for the promotion and protection of the health and safety of the residents of Dover Township shall prevail. In any case where a provision of this Part is found to be in conflict with the provisions of any ordinance or code in Dover Township existing on the effective date of this Part which establishes a lower standard for the promotion and protection of the health and safety of the residents of Dover Township, the provisions of this Part shall be deemed to prevail, and such other ordinances and codes are hereby declared to be repealed to the extent that they may be found in conflict with this Part.
2. If any section, subsection, paragraph, sentence, clause or phrase of this Part shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Part which shall remain in full force and effect and, to this end, the provisions of this Part are hereby declared to be severable.
(Ord. 2017-02, 2/13/2017, § 1)
Part 2
Recyclable Materials
Recyclable Materials
The Board of Supervisors finds that the reduction of the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of Pennsylvania and the County plan. It shall be mandatory to recycle designated recyclable materials in the Township of Dover, York County. This shall include any person owning, occupying or using any property within this Municipality. The separation and collection of used newspaper, paper, cardboard, glass, cans, plastic bottles and vegetative yard waste for recycling from the residential, commercial and institutional establishments in this Township will minimize the adverse environmental effects of landfilling by reducing the need for landfills and conserving existing landfill capacity, facilitate the implementation and operation of other forms of resource recovery called for by the County plan, conserve natural resources and reduce the cost of solid waste disposal generally. The promotion and use of recyclable materials, goods produced from recycled materials, and goods which facilitate recycling, including without limitation, kraft paper grocery bags, will further serve the same purposes by encouraging and facilitating recycling.
(Ord. 96-10, 8/12/1996, § 16.71)
As used in this Part, the following definitions shall apply:
Aluminum can - containers which are comprised entirely of aluminum and which contain and formerly contained only non-aerosol edible substances.
Apartment complex - three or more dwelling units located on a single property or contiguous properties under common ownership or management. For this purpose, "apartment" shall mean an enclosed space that consists of one or more rooms occupying all or part of a floor or floors in a building of one or more floors or stories but not the entire building, and that is designed for use as a residence.
Cans - containers comprised of aluminum, tin, steel or a combination thereof, which contain or formerly contained only non-aerosol edible substances or such other substances as have been approved for recycling by this Township.
Cardboard - all corrugated or other cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other materials, but excluding plastic, foam or coated or soiled cardboard.
Collector - an individual partnership, firm or corporation which has been licensed by the Township for collection, transportation and disposal of recyclables and municipal waste in accordance with the Commonwealth of Pennsylvania’s Act 90 of 1992, Chapter 62, Waste Transportation Safety Act as amended.
Commingled - source separated, nonputrescible recyclable materials that have been mixed at the source of generation (i.e., place in the same container).
Community events - events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics, and organized sporting events attended by 200 or more individuals per day. [Ord. 2008- 08]
Condominium complex - three condominium units or more located on a single property or contiguous properties under common ownership or management. For this purpose, "condominium" shall mean the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
Container - the receptacle furnished by the Township in which designated recyclables are placed in for curbside collection. The container is the property of the Township.
County - the County of York, Commonwealth of Pennsylvania.
County plan - the County Solid Waste Management Plan for York County as approved by the Pennsylvania Department of Environmental Protection.
Designated recyclable materials - those recyclable materials, designated by the Municipal Recycling Plan adopted pursuant to the County Plan to be source separated in this Township. The term includes, but is not limited to, glass, paper, plastic containers, cans, food waste, corrugated and other cardboard, newspaper, magazines, or high grade office paper.
Disposition or disposition of designated recyclable materials - the transportation, placement, or arrangement of designated recyclable materials for all possible end uses except disposal as solid waste.
Glass - all clear (flint) green and brown (amber) colored glass containers. Glass shall not include crystal, ceramics, light bulbs, and plate, window, laminated, wired or mirrored glass.
Leaf waste - leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings. [Ord. 2008-08]
Mobile home park - more than two mobile homes located on a single property or contiguous properties under common ownership or management. For this purpose, "mobile home" shall mean a home, excluding travel trailer, which is a movable or portable unit, designed and constructed to be towed on its own chassis, and designed to be connected to utilities for year round occupancy.
Municipal establishment - 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, York County, Dover Township and any municipal authority.
Municipal recycling plan - the recycling plan developed by and for this Township. The Municipal Recycling Plan sets forth 1) the materials to be recycled within the Township, 2) the method for collection and disposition of said recyclables, 3) the recovery rate goals, 4) the publicity and education measures to be used to promote recycling, and 5) the budget line item allocations for implementation of the mandatory recycling pursuant to this Part and the County Plan.
Paper - all newspaper, high grade office paper, fine paper, bond paper, office paper, xerographic paper, mimeo paper, duplication paper, magazines, paperback books, school paper, catalogs, junk mail, computer paper, telephone books, and similar cellulosic materials, but excluding waxed paper, plastic or foil coated paper, envelopes with glassine windows, carbon paper, blueprint paper, food contaminated paper, soiled paper, and cardboard.
Plastic - organic, synthetic or processed materials that are thermoplastic or thermosetting polymers of high molecular weight that can be molded, cast, extruded, drawn or laminated into objects, films or filaments.
Person - any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, Federal institution or agency, State institution or agency, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provision of this Part prescribing a fine, penalty, or imprisonment, the term "person" shall include the officers and directors of a corporation or other legal entity having officers and directors.
Recyclable material - a material which would otherwise become solid waste, which can be collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products.
Recycling - any process by which materials, which would otherwise become solid waste, are collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products.
Recycling drop-off - any facility designed and operated solely for the receiving and storing of source separated cans, glass, paper, newsprint, plastic containers, and cardboard.
Resident - any human being residing within the Township on a temporary or permanent basis, but excluding persons residing in hotels or motels.
Solid waste - garbage, refuse and other discarded materials resulting from industrial, commercial, and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.
Source separate - to separate recyclable materials from the solid waste stream at the point of waste generation.
Township - the Township of Dover, York County, Pennsylvania.
Act - the Commonwealth of Pennsylvania Act 101, of 1988, 53 P.S. § 4000.101 et seq., as amended.
All other terms and phrases shall be as defined in Act 101 regulations promulgated thereunder and the Plan, unless content clearly requires a different meaning.
(Ord. 96-10, 8/12/1996, § 16.72; as amended by Ord. 2008-08, 9/22/2008, § 1 and by Ord. 2014-07, 10/27/2014, § 3)
1. There is hereby established, within the area of the County comprising Dover Township, a program ("curbside program") for separate collection of designated recyclable materials from all residents of the Township located within said area and from all other persons, including community events, commercial or institutional establishments, within said area whose solid waste is collected by or on behalf of this Township. Said curbside program shall not apply to any apartment complex, condominium complex or mobile home park. [Ord. 2008-08]
2. Collections of recyclable materials pursuant to this Section shall be made by the contractor in accordance with the terms of the contract between contractor and Township, but in no event less than one time per week from each collection point. The contractor shall commence the collection of recyclables between the hours of 7 a.m., prevailing time, and shall complete collection no later than 6 p.m., prevailing time, unless modified by the Board of Supervisors. No collections shall be scheduled for any Sunday. If the regular collection day shall fall on any of the following holidays; the contractor shall make the collection on the next regular working day after the holiday. The holidays are New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Contractor shall provide to the Township a local number that residents may use to contact contractor until 6 p.m. prevailing time. [Ord. 2005-08]
3. All residents of the Township within the area served by the curbside program established pursuant to this Section shall source separate all designated recyclables and place them at the side of the road fronting their residence in the manner designated by this Part and on the date specified for collection by the schedule published by the Township and the County.
4. All persons other than residents served by the curbside collection program established pursuant to this Section shall source separate all designated recyclables upon receiving notice from the Township and shall place said recyclables for collection at a place, in a manner and at such times as designated by the Township in said notice.
5. Designated recyclables for this curbside program established pursuant to this Section shall consist of the following materials:
A. Designated by resolution.
B. Other recyclable materials as designated 30 days after said designation and publication of notice in a newspaper of general circulation within the Township.
(Ord. 96-10, 8/12/1996, § 16.73; as amended by Ord. 2005-08, 10/24/2005; and by Ord. 2008-08, 9/22/2008, § 2)
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