Township of Lehigh, PA
Northampton County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Lehigh as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 103.
133a RecyclingProg
[Adopted 2-6-1986 by Ord. No. 1986-3]

§ 133-1 Title.

This article shall be known as the "Lehigh Township Municipal Solid Waste Ordinance."

§ 133-2 Definitions.

The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
APPLICANT
A person desirous of being authorized as a collector.
COLLECTOR
A person authorized to collect, transport, and dispose of municipal waste from Lehigh Township.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers, and theaters.
DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking, or placing of municipal waste into or on the land or water in a manner that the waste or a constituent of the waste enters the environment, is emitted into the air, or is discharged to the waters of the Commonwealth of Pennsylvania.
DISPOSAL SITE
Any site, facility, location, area, or premises to be used for the disposal of municipal waste.
GARBAGE
All animal and vegetable wastes attending or resulting from the handling, dealing, storing, preparation, cooking, and consumption of foods.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service to persons, including but not limited to hospitals, nursing homes, orphanages, schools, and universities.
MANAGEMENT
The entire process, or any part thereof, of storage, collection, transportation, processing, treatment, and disposal of municipal waste by any person engaging in such process.
MUNICIPAL WASTE
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 and any sludge not meeting the definition of residual or hazardous waste from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant, or air pollution control facility. (Pennsylvania Solid Waste Management Act 97, Section 103.[1]) The term does not include source-separated recyclable materials.
[Amended 10-12-2010 by Ord. No. 2010-10]
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity whatsoever which is recognized by law as being subject to the rights and duties of a person.
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 facilities, composting facilities, incinerators, recycling facilities, and resource recovery facilities.
REFUSE
The collective term applying to all garbage, rubbish, ashes, leaves, and grass trimmings from residential, municipal, commercial, or institutional premises.
REGULAR
At least three or more times per month.
SOLID WASTE
Any waste, including but not limited to municipal, residual, or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. The term does not include coal ash or drill cuttings. (Pennsylvania Solid Waste Management Act 97, Section 103.[2])
[Amended 5-13-2003 by Ord. No. 2003-1]
STORAGE
The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste, and it shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal.
TOWNSHIP
Lehigh Township, Northampton County, Pennsylvania.
TRANSPORTATION
The off-site removal of any municipal waste generated or present at any time from Lehigh Township, Northampton County.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 133-3 Responsibilities of property owner.

[Amended 10-12-2010 by Ord. No. 2010-10]
A. 
It shall be the duty of every owner of property and every person occupying any dwelling unit, premises or place of business within Lehigh Township where municipal waste is produced and is accumulated, by his own expense and cost, to provide and keep at all times a sufficient number of containers to hold all municipal waste which may accumulate during the intervals between collection of such municipal waste by an authorized collector.
B. 
Every Lehigh Township property owner shall contract with a licensed hauler for refuse and recycling removal.
C. 
Upon request, every Lehigh Township property owner shall furnish proof to the Township within 72 hours that he has a contract for waste removal with a licensed collector.

§ 133-4 Storage on residential properties.

A. 
Containers. All municipal waste accumulated by owners of each residential property and/or the occupants of residential properties shall be placed in containers for collection by an authorized collector. The containers shall be durable, water tight, and made of metal or plastic. Securely tied plastic bags may be used in cases where such bags can be used without being torn open by domestic or wild animals. The size of each such container shall not exceed a thirty-gallon capacity. However, large containers designed for use with special hoisting equipment may be used if the collector serving the residence uses collection vehicles with such special hoisting equipment.
B. 
Location of containers. Each municipal waste container shall be located so as to be accessible to the collector at ground level and at a point on the curbline of the street, or within no more than 10 feet of the public street or alley right-of-way from which collection from a vehicle can be made. Failure to place containers at such locations may result in discontinuance of service.
[Amended 5-13-2003 by Ord. No. 2003-1]

§ 133-5 Storage on commercial, institutional and industrial properties.

A. 
Containers. Storage of municipal waste on commercial, institutional and industrial properties shall be done in the same type of containers as are required for residential properties except that containers larger than 30 gallons may be used, where needed, to accommodate larger volumes of municipal wastes. Such containers shall be kept in good working order.
B. 
Location of containers. Containers for collection at commercial, institutional and industrial properties shall be located on such premises at a place which shall not interfere with public or private sidewalks, driveways, roads, streets, highways or entrances and exits or public or private buildings.

§ 133-6 Licensing of collectors.

A. 
Unauthorized collection and transportation. It shall be unlawful for any person, other than such persons as are duly authorized by the Township of Lehigh, to collect and transport solid waste of any nature as a regular hauling business within or from Lehigh Township. Authorization shall be given only as set forth below.
B. 
Licensing procedure. Authorization to collect, transport, and dispose of municipal waste for persons other than oneself may be given only by Lehigh Township through the issuance of a license. All applications for licensing shall be approved in accordance with the following:
(1) 
Eligible persons. Municipal solid waste collection licenses may be issued to only those persons who can provide satisfactory evidence that they are capable of providing the necessary services and can comply with the provisions and intent of this article. The Township of Lehigh reserves the right to disapprove any application for license.
(2) 
Application procedure. Applicants for a municipal solid waste collection license must furnish the following information:
(a) 
The make, model, license plate number, and size of each vehicle to be used for collection and transportation;
(b) 
The location, address, and telephone number of the business office of the applicant;
(c) 
A certificate of the applicant's workmen's compensation insurance as required by law;
(d) 
A certificate of insurance coverage providing complete third-party comprehensive, bodily injury and property damage, liability insurance, the limits of which shall not be less than. $100,000/$300,000 for bodily injury and $50,000 for property damage; and
(e) 
Any other information which the Township of Lehigh may request and deem necessary prior to the issuance of a license.
(3) 
Issuance. Licenses shall be issued on a calendar year basis, but may be revoked at any time by the Township of Lehigh for failure to comply with the provisions of this article.
(4) 
Fees. Fees for licenses shall be set by Lehigh Township and the amount thereof shall be provided to any applicant or other person upon request.
(5) 
License and capacity. Each vehicle must prominently display the name and number of the licensee and the cubic yard capacity of the vehicle's body.

§ 133-7 Transportation of solid waste; prevention of spillage.

Any person transporting solid waste within Lehigh Township shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.

§ 133-8 Disposal of municipal waste.

A. 
Designated facilities. All municipal waste produced, collected, and transported from within the jurisdictional limits of the Township of Lehigh shall be, to the extent permitted by law, disposed of at disposal facilities designated by the Township of Lehigh and in accordance with any currently effective solid waste management plan of the Township of Lehigh. In the absence of such designated facilities and/or such currently effective solid waste management plan, municipal waste from the Township of Lehigh must be disposed of at a state-permitted facility.
B. 
Notice to collectors. If the Township of Lehigh designates the disposal facilities as provided for above, all authorized collectors and other interested persons shall be informed of the location and other information pertaining to the designated disposal facilities to be used for the disposal of municipal waste collected, transported, removed, and disposed

§ 133-9 Exclusions.

A. 
Individuals not engaged in collection. Nothing contained herein shall be deemed to prohibit any residential property occupant not regularly engaged in the business of collecting municipal waste from hauling his own municipal waste on an irregular and unscheduled basis to a state-permitted disposal facility.
B. 
Farming activities. 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.
C. 
Hazardous and residual waste. The provisions of this article do not apply to anything but the storage, collection, transportation, and disposal of municipal waste and do not apply, therefore, to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 133-10 Violations and penalties; additional remedies; abatement.

A. 
Penalties for violation of this article shall be as provided in Chapter 1, General Provisions, Article II.
[Amended 5-13-2003 by Ord. No. 2003-1]
B. 
Additional remedies. In addition to the foregoing penalty, the Township of Lehigh may require the owner or occupant of a property to remove any accumulation of solid waste and should said person fail to remove such solid waste after 10 days following written notice, the Township of Lehigh may cause the solid waste to be collected and disposed of with the costs for such actions to be charged to the owner or occupant of the property in a manner provided by law.
C. 
Abatement. The imposition of the penalties herein prescribed shall not preclude the Township of Lehigh from instituting appropriate actions or proceedings to prevent the violation of this article, to restrain, correct or abate any such violation, or to prevent any act, conduct, business or activity constituting a violation.

§ 133-11 Effect of additional regulations.

This article shall be subject to all applicable federal, state, and local laws, ordinances, rules, and regulations, including the rules and regulations as set forth by the Department of Environmental Protection, Commonwealth of Pennsylvania.

§ 133-12 Headings.

The headings of the sections of this article are inserted for convenience of reference only and shall not be considered a part hereof.
[Adopted 12-31-1992 by Ord. No. 1992-8]

§ 133-13 Title; construction; when effective.

A. 
Title. This article shall be known as the "Lehigh Township Mandatory Recycling Ordinance."
B. 
Construction.
(1) 
The various headings used throughout this article are intended only as an aid to its organization, in order to facilitate ease of reading, and are not to be considered a substantive part of this article.
(2) 
In this article, unless the context clearly indicates otherwise:
(a) 
The singular shall include the plural;
(b) 
The plural shall include the singular; and
(c) 
The masculine shall include the feminine and neuter.
C. 
Effective immediately, mandatory recycling shall be required for all residential dwellings and nonresidential facilities in Lehigh Township.
[Amended 10-12-2010 by Ord. No. 2010-10]

§ 133-14 Definitions.

The following words and phrases, when appearing in the text of this article, shall have the meaning given to them in this section, unless the context clearly indicates otherwise:
ALUMINUM CANS
Empty nonaerosol containers, consisting entirely of aluminum.
AUTHORIZED COLLECTOR
A person licensed and authorized by Lehigh Township to collect and transport recyclables as part of the recycling program and shall also collect municipal solid waste, and other waste for remuneration in Lehigh Township.
BIMETALLIC CONTAINERS
Empty nonaerosol containers consisting of either steel only or steel and aluminum, which were used to contain either food or beverage or both.
COATED PAPER
Includes any paper which has a shiny or glossy finish or appearance, resulting from treatment of the surface or application of a coating of kaolin, clay or other chemicals. The term includes the advertising inserts which are often intermingled or distributed with newspapers.
CORRUGATED PAPER
The fabricated or manufactured structural unbleached paper material with an inner core shaped in ridge parallel furrows and ridges, with one or more outer liners, often consisting of a material known as kraft paper, but shall not include linerboard or paperboard normally used as cereal boxes and similar containers, nor shall it include corrugated cardboard that is soiled or coated with wax, plastic or foam.
CURBSIDE
 The following location on the adjoining public street or road, and where authorized collectors usually pick up garbage:
[Amended 5-13-2003 by Ord. No. 2003-1]
A. 
On or within not more than 10 feet of the curb or curbline at the edge of the cartway, for streets or roads which have curbs.
B. 
For streets or roads which do not have curbs, within not more than 10 feet of the paved cartway.
C. 
As otherwise established by regulation of the Township Board of Supervisors or Recycling Coordinator, where the above locations are not clear or satisfactory.
CURBSIDE RECYCLING PROGRAM
The program established by the Township through its authorized collectors to collect recyclable materials from the curbside of designated residential establishments within the Township.
DESIGNATED RECYCLABLE FOR CURBSIDE COLLECTION
Those recyclable materials which must be separated from other municipal waste and placed at the curbside for collection according to the recycling regulations established and from time to time revised by the Township.
GLASS CONTAINERS
Bottles and jars made of clear, green, or brown glass. Excluded are plate glass, mirror glass, automotive glass, blue glass and porcelain and ceramic products.
HIGH GRADE OFFICE PAPER
Any white paper of the type commonly used for letter writing, stationery, note paper, plain paper for photocopying machines, computer printers and other general purpose paper, whether or not any printed or written matter is contained thereon. It does not include newspaper, magazines, corrugated paper, or any coated paper.
HOUSEHOLD STORAGE OR RECYCLING CONTAINERS
The standardized containers issued and/or approved for use by Lehigh Township residents for the purpose of collecting, storing and placing recyclables at the curbside for collection by an authorized collector. These containers are the property of Lehigh Township and are to remain with the dwelling.
LEAD ACID BATTERIES
Includes but not be limited to automotive, truck, and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, tree trimmings, shrubbery, garden residue or similar material. Grass clippings shall not be included in this definition.
[Amended 10-12-2010 by Ord. No. 2010-10]
MAGAZINES
Printed matter on coated paper containing miscellaneous written pieces published at fixed or varying intervals, also known as "periodicals," and includes telephone directories. Expressly excluded are newspaper and all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING
Any four or more condominiums, apartments, or other residential dwellings, regardless of the form of ownership, tenancy, or the physical arrangement of the structure, which are owned under a single deed.
MUNICIPAL WASTE
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 and any sludge not meeting the definition of residual or hazardous waste in the Pennsylvania Solid Waste Management Act[1] from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are magazines, periodicals and advertising inserts printed on coated paper which are often distributed or intermingled with newspapers.
NONRESIDENTIAL FACILITIES
Commercial, industrial, institutional and municipal establishments. Nonresidential facilities shall also include events which are sponsored either by a private entity or in whole or in part by a municipality that will be attended by 200 or more individuals per day.
[Added 10-12-2010 by Ord. No. 2010-10]
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority 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
The plastic rings or similar plastic connectors used as holding devices in the packaging of beverages, including, but not limited to, carbonated beverages, liquors, wines, fruit juices, mineral waters, soda and beer.
PLASTIC CONTAINERS
Plastic containers of all varieties, types, and chemical compositions of plastic.
RECYCLABLE MATERIALS
Materials identified by the Township from time to time to be recycled, including but not limited to the materials listed in Section 1501 of Act 101.
[2]
RECYCLING FACILITY
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities.
REGULATIONS
The rules, regulations, standards, specifications, orders, licenses, permits, interpretations, schedules, zones, routes, and waivers established from time to time by the Township pursuant to the authority of this article. Such regulations shall be deemed to be a part of this article and included by reference as if written herein, upon approval by the Board of Supervisors.
A. 
Shall mean:
(1) 
A single family dwelling.
(2) 
Each structure containing three or less residential dwellings.
(3) 
Each residential dwelling within any structure containing three or less residential dwellings.
B. 
These definitions shall apply regardless of either the form of ownership or tenancy, or the physical arrangement of the structure.
SCAVENGING
The act or practice of removing, taking, scattering or disturbing recyclable materials which have been collected and assembled in containers, whether stored on private or public property or placed by a roadway or curb for collection.
SOURCE-SEPARATE
To separate recyclable materials from municipal solid waste for the purpose of recycling.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purpose of recycling. The term is limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, plastics and other marketable grades of paper.
[Added 10-12-2010 by Ord. No. 2010-10]
TOWNSHIP
Lehigh Township, a Township of the second class, located in Northampton County, Pennsylvania, including the Board of Supervisors, the Township staff, and others, when duly authorized to act pursuant to this article.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed, whether municipal, residual, or hazardous waste, or otherwise. The term does not include source-separated recyclable materials or material approved by the Department for beneficial use.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 133-15 Designation of recyclable materials.

A. 
The following materials are hereby designated as "recyclable materials" within Lehigh Township:
(1) 
Residential. For all residential establishments, including multifamily housing, as defined by this article:
(a) 
Clear glass.
(b) 
Brown and green glass.
(c) 
Aluminum cans.
(d) 
Bimetallic and steel cans.
(e) 
Newspaper.
(f) 
Leaf waste.
(g) 
Plastic containers, of the varieties, types, and chemical compositions as specified by the Township.
(2) 
Nonresidential. For all nonresidential establishments:
[Added 10-12-2010 by Ord. No. 2010-10]
(a) 
Clear glass.
(b) 
Brown and green glass.
(c) 
Aluminum cans.
(d) 
Bimetallic and steel cans.
(e) 
Newspaper.
(f) 
Cardboard.
(g) 
High-grade office paper.
(h) 
Leaf waste.
(i) 
Plastic containers, of the varieties, types, and chemical compositions as specified by the Township.
B. 
The Board of Supervisors shall, by resolution, determine which of the above materials are to be collected. At a minimum, residential properties shall be required to have aluminum, glass, newsprint, and leaf waste collected. Nonresidential properties or events shall be required to separate and have collected aluminum, corrugated paper, high-grade office paper and leaf waste.
[Amended 10-12-2010 by Ord. No. 2010-10]

§ 133-16 Recycling required; general restrictions.

A. 
Recyclable materials. Every residential property and nonresidential establishment in Lehigh Township shall be required to separate the recyclable materials listed in § 133-15, Designation of recyclable materials, of this article, to the extent determined by the Board of Supervisors by resolution, for the purpose of recycling, from all of the other municipal solid waste and other waste generated by the person. No person may dispose of such recyclable materials with any other municipal solid waste or other waste.
[Amended 10-12-2010 by Ord. No. 2010-10]
B. 
Batteries. Lead-acid batteries shall not be disposed of or included in with any municipal solid waste or recyclable materials. Lead-acid batteries shall be disposed only in accordance with Section 1510 of Act 101 (53 P.S. 4000.1510), and otherwise prevailing commonwealth law regulations.
C. 
Plastic beverage carriers. Plastic beverage carriers which are not degradable shall not be used, as required by Section 1701(c) of Act 101.
D. 
Other waste. All other municipal solid waste and other waste materials, whether residual, hazardous, or otherwise, shall be generated, stored, separated, placed, collected, and disposed in accordance with all other applicable federal, commonwealth, county, and Township laws, ordinances, rules, regulations, specifications, standards, orders, permits, and licenses.

§ 133-17 Requirements for residential establishments.

[Amended 10-12-2010 by Ord. No. 2010-10]
All persons and nonresidential establishments owning, occupying, or operating residential establishments within Lehigh Township shall comply with the following requirements:
A. 
Separation. Separate the recyclable materials designated for collection and maintain the materials in the separated condition until collection by a licensed authorized collector. The separation shall be performed by the time those materials are placed at curbside for collection.
B. 
Preparation. Prepare for recycling all of the recyclable materials generated by that person, in accordance with the regulations for each respective material as established by the Township, by the time that those recyclable materials are placed for collection, and maintain those materials in that condition.
C. 
Recycling containers. Place recyclable materials in the separate official Township recycling containers or other containers authorized by the Township, in accordance with regulations established by the Township. Each residential establishment shall acquire and use the official Township recycling container for this purpose.
D. 
Placement and time. The approved recycling container shall be placed or set out at curbside, and the empty recycling container shall be removed from the curbside, on the scheduled day for collection, in accordance with the times and schedules established by the authorized collector providing waste collection service to such resident.

§ 133-18 Recycling containers.

One initial recycling container shall be provided to each residential establishment, except multifamily housing which elects to recycle in accordance with § 133-21B of this article. The Township shall have the power to require that each recycling container be identified with the residential establishment to which it is assigned.
A. 
Replacement fee for additional containers. A reasonable replacement fee for each recycling container shall be established, to provide for the replacement of each of the Township's official recycling containers. The amount of the replacement fee may be established or changed from time to time by a resolution of the Township Board of Supervisors, and shall be adequate in the amount to reimburse the Township for the cost of purchasing a replacement for any such container.
B. 
Time of purchase and payment. The replacement fee shall be paid to the Township for all official Township recycling containers which are supplied to residential establishments after January 1, 1993.
C. 
Loss, theft, or damage.
(1) 
The owner, occupant, and operator of each residential establishment is responsible for and shall bear the risk of loss, theft, or damage to the official recycling container supplied for the use of that establishment. Returns of the replacement fee may not be made if the container is not returned for any of these reasons, in which event the replacement fee may be retained and used by the Township.
(2) 
If any official recycling container for a residential establishment is either lost, stolen, or damaged, the owner, occupant, or operator shall pay a new replacement fee to the Township for replacement in kind of the official recycling container, as otherwise specified in this section.
(3) 
No person shall damage, take, remove, deface, destroy or use a recycling container issued or approved by Lehigh Township or the County of Northampton for any purpose other than for approved storage and collection of recyclable materials. All recycling containers issued by Lehigh Township as part of the recycling program are the property of Lehigh Township.
D. 
Records by Secretary/Treasurer. The Township Secretary/Treasurer or his designee shall establish and maintain records of the persons who have paid replacement fees for the official Township recycling containers; the address or location of the residential establishment to which the containers were supplied; the amounts and dates that the replacement fees were paid; the date and amount of any subsequent return, loss, theft, damage, or payment of a replacement fee; and such other information that the Secretary/Treasurer shall determine.

§ 133-19 Collection of recyclables.

A. 
Curbside recycling program. Each authorized collector shall collect all recyclable materials which are placed at curbside by each residential establishment, except multifamily housing which elects to recycle in accordance with § 133-21B of this article, on at least two occasions per month.
B. 
Duty to collect. Each authorized collector shall collect and transport any designated recyclable materials which have been properly prepared, separated, and placed at curbside in time for collection on scheduled collection day. Authorized collector shall have no obligation to collect any materials which do not conform to this article or the supplemental regulations to be adopted.
C. 
Leaf waste. The Township shall provide a curbside leaf waste collection during the spring and fall of each year for residential establishments. All persons who gather leaf waste shall source separate such waste and place it for collection at the times and in the manner specified by the Township. Residents who gather leaf waste in different times and manners than the curbside collection may transport their waste to the designated Township drop-off area.
[Amended 10-12-2010 by Ord. No. 2010-10]
D. 
Sale and marketing.
(1) 
Recyclable materials that are collected shall be recycled by each authorized collector.
(2) 
Each authorized collector shall transport, process, sell, market, and dispose of all recyclable materials collected by it in any manner that such collector sees fit, provided that such activities comport with federal and state law and with the provisions of this article.
(3) 
Each authorized collector shall establish and keep records and report at least annually to the Township the quantity, price and total amount of recyclable materials collected, processed, marketed and sold.
(4) 
Each authorized collector must provide written documentation that either all recyclable materials are recycled, or that markets for those materials do not exist.

§ 133-20 Collection by unlicensed persons.

A. 
Except as set forth in this section, collection of recyclable materials by persons not licensed by Lehigh Township is strictly prohibited.
B. 
Nothing in this article shall prohibit any resident from donating or selling any such resident's own recyclables to any other person, whether operating for a profit or not for profit. Nothing in this article shall require any person to gather leaf waste nor prevent any person from utilizing leaf waste for composting mulch, or other agricultural, horticultural, silvicultural, gardening or landscaping purpose.
C. 
No person other than an authorized collector shall scavenge, remove, take, scatter or disturb recyclable materials which have:
(1) 
Been collected or assembled in recycling containers, whether stored on public or private property; or
(2) 
Been placed at the curbside for collection pursuant to the curbside collection program.
D. 
Unlawful "scavenging" shall not include the collection or assemblage of scattered trash and debris, whether or not recyclable, from roadsides or public property with the intent of properly disposing of or recycling such trash and debris.

§ 133-21 Multifamily and nonresidential establishments.

[Amended 10-12-2010 by Ord. No. 2010-10]
All multifamily housing, as defined by this article, and nonresidential establishments shall recycle all recyclable materials generated by either of the following methods:
A. 
Contract. Each residential unit or household within a multifamily housing complex by contracting with an authorized collector or otherwise providing for the recycling, as defined by Act 101, of all of the recyclable materials generated within that unit, in accordance with this article.
B. 
On-site system. Multifamily rental housing properties may establish a collection system for recyclable materials at each property, as required by Section 1501(c)(1)(ii) of Act 101,[1] which collection system shall consist of the following components as a minimum:
(1) 
Suitable containers for collecting and sorting materials.
(2) 
Easily accessible locations for the containers.
(3) 
Written instructions to the occupants concerning the use and availability of the collection system.
(4) 
The Township may establish regulations defining compliance with these requirements.
(5) 
Owners, landlords, and agents of owners and landlords, who comply with this subsection shall not be liable for the noncompliance of the occupants of their buildings.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
C. 
Removal of leaf waste shall be the responsibility of the owner.
[Added 10-12-2010 by Ord. No. 2010-10]
D. 
All property owners/occupants under this section shall complete an annual recycling report provided by the municipality. Failure to submit such report shall be considered a violation of this article.
[Added 10-12-2010 by Ord. No. 2010-10]

§ 133-22 Authorized collectors.

Any authorized collector contracted, engaged, or hired for the collection of recyclables, municipal solid waste, or other waste in the Township shall comply with the following requirements:
A. 
Licensing. Every authorized collector shall be licensed by Lehigh Township and shall not collect recyclables, municipal solid waste, or other waste in the Township unless and until a collector's license is secured. Such license shall be summarily revocable by the Township for failure by the authorized collector to comply with the terms of this article.
B. 
Compliance with laws. Every authorized collector shall comply with this article, Act 101, and all other applicable laws and regulations.
C. 
Separation. Every authorized collector shall keep the several types of recyclable materials which are designated for collection and collected separate from each other, unless the collector can demonstrate in writing that a market exists for the commingled recyclable materials.
D. 
Recycling. Every authorized collector shall either:
(1) 
Process and recycle all of the recyclable materials;
(2) 
Transport, process, market, sell, or deliver all of the recyclable materials to dealers in those materials, and document such delivery in writing; or
(3) 
Provide written proof that markets for those materials do not exist.
E. 
Recycling program. Effective January 1, 1993, each authorized collector collecting recyclables, municipal solid waste, or other waste in the Township shall commence the collection of recyclable materials in strict accordance with the provisions of this article and any accompanying regulations. Collection shall be pursuant to such rules and regulations as the authorized collector shall reasonably prescribe. Each authorized collector shall provide copies of any such rules and regulations, together with its pickup schedules, to the Township for approval by the Township prior to implementation.
F. 
Annual reports. Every authorized collector shall submit annual reports to the Township. Reports shall be submitted by February 1 of each year. Each report shall state for that reporting period:
[Amended 10-12-2010 by Ord. No. 2010-10]
(1) 
The quantity in tons of each recyclable material collected by that collector in the Township. Residential tonnage and nonresidential tonnage shall be reported separately.
(2) 
The total quantity in tons of all garbage, trash, and refuse collected by that collector in the Township; and
(3) 
To whom or where and how each recyclable material was sold or delivered for processing or recycling.
G. 
Reporting noncompliance. Every authorized collector shall report to the Township all instances of apparent noncompliance, with either this article or Township regulations, within 72 hours of becoming aware of such noncompliance.

§ 133-23 Regulations and administration by Township.

A. 
Regulations. The Township Board of Supervisors may, from time to time, establish regulations for the following parts of the Township's Recycling Program (or otherwise), as the Board shall deem appropriate, which regulations shall become effective five days after adoption:
(1) 
Plastic containers. Varieties, types, and chemical compositions to be collected for the Township's curbside recycling program or otherwise disposed in municipal solid waste.
(2) 
Preparation of recyclable materials for recycling.
(3) 
Separating, placing or combining recyclable materials in the official Township recycling bins.
(4) 
Exact locations for curbside pickup, where those locations are not established or are otherwise unsatisfactory.
(5) 
Zones, routes, and schedules for collection days.
(6) 
Times to set out and bring in the official Township recycling bins.
B. 
Enforcement. Upon adoption, such regulations shall be enforced pursuant to § 133-25 hereunder, and violations of such regulations shall be deemed a violation of this article.

§ 133-24 Recycling facility permits.

Any person seeking to establish a recycling facility within the boundaries of the Township must first obtain all necessary approvals in accordance with the terms and conditions of the state laws and Chapter 180, Zoning, as subsequently amended from time to time.

§ 133-25 Violations and penalties; incentives.

The Township Board of Supervisors or its designee shall be responsible for monitoring and enforcing compliance with this article and regulations.
A. 
Penalties for violation of this article shall be as provided in Chapter 1, General Provisions, Article II.
[Amended 5-13-2003 by Ord. No. 2003-1]
B. 
Incentives.
(1) 
The Township Board of Supervisors or its designee shall have the power to establish incentives to promote compliance with this article, as may be appropriate from time to time, and such designee shall report at least annually to the Board of Supervisors on the incentives which have been established, and when and to whom those incentives have been granted.
(2) 
Procurement options. The Township may utilize the provisions of Act 101's Section 1507, Procurement Procedures for Local Public Agencies, and Section 1508, Procurement Options for Local Public Agencies and Certain Commonwealth Agencies, if the Township elects to do so.