§ 4319. Municipal waste.

598 words·~3 min read·/pa/title-73/chapter-43/4319

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(a)Authorization.-- In the manner authorized by the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, a board of commissioners may prohibit accumulations of municipal waste on public and private property, including the imposition and collection of reasonable fees and charges for the collection, removal and disposal of the municipal waste. As used in this subsection, "municipal waste" shall have the same meaning as given to the term in the Municipal Waste Planning, Recycling and Waste Reduction Act.

(b)Collection and removal.--

(1)The board of commissioners may collect and remove, by contract or otherwise, municipal waste and recyclable materials and prescribe penalties for the enforcement of the collection and removal.

(2)Except as provided in paragraph (3), a contract with refuse haulers may be made for an initial period not exceeding five years with optional renewal periods of up to five years.

(3)Paragraph

(2)shall not apply to a contract with another political subdivision or with a municipal authority.

(c)Disposal.--

(1)The board of commissioners may dispose of, by contract or otherwise, municipal waste.

(2)Except as provided in paragraph (3), a contract with the owner of a private facility for the disposal or incineration of municipal waste may be made for a period not to exceed 20 years.

(3)Paragraph

(2)shall not apply to a contract with another political subdivision or with a municipal authority.

(d)Powers.-- The board of commissioners may:

(1)Acquire real property and erect, maintain, improve, operate and lease, either as lessor or lessee, facilities for incineration, landfill or other methods of disposal, either inside or outside the limits of the township, including equipment, either separately or jointly, with another political subdivision or with a municipal authority to provide for any of the following:

(i)The collection, removal, disposal and destruction of municipal waste.

(ii)The collection and storage of recyclable materials.

(iii)The composting of leaf and yard waste.

(2)Provide for the payment of the cost, either in whole or part, out of the funds of the township.

(3)Acquire land for landfill purposes and maintain lands and places for the dumping of municipal waste.

(e)Rates and charges.-- The board of commissioners may establish, alter, charge and collect rates and other charges for any of the following:

(1)The collection, removal and disposal of municipal waste and recyclable materials.

(2)The cost of including the payment of indebtedness incurred for the construction, purchase, improvement, repair, maintenance and operation of facilities for collection, removal and disposal.

(3)The amount due under a contract with another political subdivision or with a municipal authority furnishing the services or facilities.

(f)Funding.-- The board of commissioners may make appropriations to another political subdivision or a municipal authority out of the township's general funds, or out of any other available funds, for the construction, purchase, improvement, repair, maintenance and operation of a facility for the collection, removal, disposal or marketing of municipal waste, recyclable materials or composted leaf and yard waste.

(g)Recycling.-- A township shall not be subject to requirements otherwise imposed by law for the sale of personal property owned by the township when selling recyclable materials or materials separated, collected, recovered or created by recycling, as provided in the act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding the sale of recyclable material from political subdivision personal property sale restrictions relating to advertising and bidding."

73c4320s