PRINTER'S NO. 2062

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1652 Session of 1975


        INTRODUCED BY CESSAR, ROMANELLI, ZORD, FISHER, WILSON, KNEPPER,
           TRELLO, ABRAHAM, COWELL, MISCEVICH, MENHORN, GEISLER AND
           CAPUTO, JULY 21, 1975

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JULY 22, 1975

                                     AN ACT

     1  Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
     2     "An act concerning townships of the first class; amending,
     3     revising, consolidating, and changing the law relating
     4     thereto," permitting township supervisors to reduce rates
     5     charged senior citizens and handicapped individuals for
     6     refuse collections.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Clause XXVII of section 1502, act of June 24,
    10  1931 (P.L.1206, No.331), known as "The First Class Township
    11  Code," reenacted and amended May 27, 1949 (P.L.1955, No.569) and
    12  amended July 1, 1955 (P.L.251, No.78), is amended to read:
    13     Section 1502.  The corporate power of a township of the first
    14  class shall be vested in the board of township commissioners.
    15  The board shall have power
    16     * * *
    17     XXVII.  Ashes, Garbage, Rubbish and Refuse Materials. To make
    18  regulations relative to the accumulation of manure, compost and
    19  the like; to prohibit accumulation of ashes, garbage, rubbish


     1  and other refuse materials upon private properties including the
     2  imposition and collection of reasonable fees and charges for the
     3  collection, removal and disposal thereof, and to prescribe fines
     4  and penalties for the violation of such regulations; to collect,
     5  remove and dispose of or to provide, by contract or otherwise,
     6  for the collection, removal and disposal by incineration, land
     7  fill or other methods of ashes, garbage, rubbish and other
     8  refuse materials; and to prescribe penalties for the enforcement
     9  thereof. Any such contract may be made for a period not
    10  exceeding three years: Provided, That this limitation shall not
    11  apply to contracts entered into with any other political
    12  subdivision or with any municipality authority. To acquire any
    13  real property and to erect, maintain, improve, operate and
    14  lease, either as lessor or lessee, facilities for incineration,
    15  land fill or other methods of disposal, either within or without
    16  the limits of the township, including equipment, either
    17  separately or jointly, with any other political subdivision or
    18  with any municipality authority in order to provide for the
    19  destruction, collection, removal and disposal of ashes, garbage,
    20  rubbish and other refuse materials; and to provide for the
    21  payment of the cost and expense thereof, either in whole or
    22  part, out of the funds of the township and to acquire and to
    23  maintain lands and places for the dumping of ashes, garbage,
    24  rubbish and other refuse material. To fix, alter, charge and
    25  collect rates, and other charges for the collection, removal and
    26  disposal of ashes, garbage, rubbish and other refuse materials
    27  and the costs of including the payment of any indebtedness
    28  incurred for the construction, purchase, improvement, repair,
    29  maintenance and operation of any facilities therefor, and the
    30  amount due under any contract with any other political
    19750H1652B2062                  - 2 -

     1  subdivision or with any municipality authority furnishing any of
     2  such services or facilities: Provided, however, That a township
     3  may reduce the rates charged senior citizens and handicapped
     4  individuals for the collection and disposal of refuse where such
     5  function is performed by private contractors. The township
     6  supervisors shall appropriate sufficient funds to cover the
     7  deficit resulting from the reduced rates permitted under this
     8  clause. To incur indebtedness and issue bonds for the costs of
     9  the construction, purchase, improvement and repair of any
    10  facilities for the collection, removal and disposal of ashes,
    11  garbage, rubbish and other refuse materials, including equipment
    12  to be used in connection therewith. To make appropriations to
    13  any other political subdivision or any municipality authority
    14  out of its general funds or out of any other available funds,
    15  including the proceeds of bonds of the township for the
    16  construction, purchase, improvement, repair, maintenance and
    17  operation of any facilities for the collection, removal and
    18  disposal of ashes, garbage, rubbish and other refuse materials.
    19  In the event that any such bonds were issued for such purposes,
    20  pursuant to a vote of the electors, any appropriation of such
    21  proceeds as above set forth shall not be deemed such a change of
    22  purpose from that for which such bonds were issued as shall
    23  require the question to be again submitted to a vote of the
    24  electors under any existing law. Any such funds appropriated as
    25  herein authorized, which represent the proceeds of any bonds
    26  heretofore or hereafter issued by the township for the above
    27  purposes, shall be used by such other political subdivision or
    28  municipality authority for or toward the purpose or purposes for
    29  which such bonds were issued.
    30     * * *
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     1     Section 2.  This act shall take effect immediately.




















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