[Ord. No. 1233, 11/3/2021[1]]
This Part shall be known and may be cited as, the "Borough Refuse Storage, Collection, and Disposal Ordinance."
[1]
Editor's Note: This ordinance also repealed former Part 1, Recycling Trash Disposal, Ord. 1060, 9/6/2000, as amended.
[Ord. No. 1233, 11/3/2021]
1. 
Pursuant to the authorization granted by Section 1202 of the Borough Code (8 P.S. § 101 et. seq.),[1] the purpose of this Part 1 is to promote, protect, and facilitate the public health, safety, and general welfare by:
A. 
Instituting a mandatory recycling program in accordance with recommendations from the State Assembly whereby the Borough shall be the sole agent regulating the collection of solid waste and requiring residents to participate in the Borough's trash and recycling collection services.
B. 
Regulating the collection, accumulation, and storage of solid wastes so as to:
(1) 
Impede the propagation and the harboring of rats, mice, mosquitoes, flies, and other vermin.
(2) 
Eliminate filth and filthy deposits.
(3) 
Reduce the opportunity for growth of pollen-bearing grasses and weeds.
(4) 
Eliminate attractive nuisances which may endanger the safety of children.
(5) 
Reduce the potential pollution of land, air, or water and the disease-producing potential of decaying organic matter.
(6) 
Reduce the potential of spontaneous combustion and fire.
(7) 
Promote harmonious, peaceful, and comfortable neighborhood life by the elimination of nuisances.
(8) 
Provide for the preservation of valuable natural resources through the elimination of recyclable materials from collection and landfills.
C. 
Providing for the safe, orderly, and economic collection and removal of accumulated waste.
D. 
Provide for the disposal of solid waste in safe and sanitary methods and in compliance with applicable state and local rules and regulations.
E. 
Comply with the purpose and intent of Act No. 241, the Pennsylvania Solid Waste Management Act.[2]
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202.
[Ord. No. 1233, 11/3/2021]
1. 
The following words, when used in this Part 1, shall have the meanings ascribed to them in this Part 1, except in those instances where the context indicates otherwise:
ASHES
The residue resulting from the burning of wood, coal, or any other combustible material. This definition excludes ashes resulting from industrial process.
AUTHORIZED COMMERCIAL COLLECTOR
A person, firm, or corporation licensed to collect, convey, and dispose refuse in accordance with the provisions of this Part 1.
BIMETAL CONTAINER
An empty food or beverage container consisting of ferrous sides and bottom and an aluminum top.
BOROUGH
The Borough of Quakertown.
BUILDING or ACCESSORY STRUCTURE
A building or other structure constructed, existing and used in conformity with the zoning, building and fire prevention ordinances, codes, and regulations of the Borough of Quakertown.
BULK WASTE
Items that, due to their size or shape, cannot be disposed of in a Borough disposal trash can. This includes, but is not limited to, large household appliances that do not contain freon, such as stoves and washing machines; or furniture and furnishings of equivalent size; plumbing fixtures; large crates; tools; machinery or parts thereof; play equipment; garden equipment; exercise equipment; and similar items.
COMMUNITY ACTIVITY
Events sponsored in whole or in part by a municipality, nonprofit organization, or sponsored private sponsor, which include, but are not limited to, fairs, bazaars, socials, picnics, and organized sporting events that will be attended by 50 or more individuals per day.
CONSTRUCTION AND DEMOLITION WASTE
Lumber, roofing, material, sheathing, rubble, broken concrete, plaster, brick, conduit, pipe, wire, insulation, and similar material which results from a construction, demolition, or remodeling process.
COUNTY
The County of Bucks and its regulatory agencies.
DWELLING UNIT
Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used, or intended to be used for, living, sleeping, cooking, and eating by one family.
GARBAGE
All animal and vegetable waste solids resulting from the handling, preparation, cooking, and consumption of foods.
GLASS CONTAINERS
Clean bottles and jars made of clear, green, or brown glass. Expressly excluded from this definition are non-container glass, porcelain, and ceramic products.
HAZARDOUS WASTE
Wastes that, in sufficient quantities and concentrations, pose a threat to human life, human health, or the environment when improperly stored, transported, treated, or disposed.
HOUSEHOLD RUBBISH
Paper (except newspaper), wood, excelsior, plastics, rags, cloth, leather, rubber, metals, tin cans, metal foils, ceramics, crockery, and similar items normally produced by, or originating from, private residential occupancy; provided, however, that the items set forth herein need not be produced by, or originate from, a residence to be classed as "household rubbish." So long as such waste is similar to the waste produced by or originating in a residence as to size, weight, and material. "Household rubbish" specifically excludes materials designated as recyclable.
INDUSTRIAL AND COMMERCIAL WASTE
Any material or substance which is a waste by-product of the industrial or commercial process. This shall include packaging materials and equipment used in the delivery or shipment of goods to or from the industrial or commercial site.
LEAF WASTE
Leaves, garden residues, shrubbery, tree trimmings, and similar material, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed intervals. Expressly excluded are all other paper products of any nature whatsoever.
MULTIFAMILY UNIT
A property which contains four or more residential units, including, without limitation, apartment complexes, condominium complexes, retirement homes, and mobile home parks.
MUNICIPAL COLLECTION SERVICE
A mandatory collection service established and operated by the Borough of Quakertown or a private collection service under contract with the Borough.
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 under Act 97 from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include any 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, however, are newspapers which have been soiled.
NONCOLLECTIBLE WASTE
Includes poisons, acids, paint, caustics, explosives, appliances, electronic devices, hazardous waste, human excreta, dead animals, and other hazardous materials that may cause damage or injury to collection equipment or personnel.
PADEP
The Pennsylvania Department of Environmental Protection.
PERSON
Any individual; partnership; corporation; association; institution; cooperative enterprise; municipality; municipal authority; federal government, department, institution, or agency; state government, department, institution, or agency; or any other legal entity recognized by law as the subject of rights and duties. In any provisions of this Part 1 prescribing a fine, penalty, or any combination thereof, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
RECYCLABLE MATERIALS/RECYCLABLES
Those materials specified by the Borough for collection in accordance with the State of Pennsylvania recycling regulations. Such material may include, but shall not be limited to, aluminum products, clean glass containers, bimetal containers, newspapers, magazine and periodicals, and plastic containers. What is specified to be "recyclable material" may change depending upon what the Borough is able to dispose of through municipal recycling efforts or changes through disposal contracts and laws.
RECYCLING
The separation, collection, processing, recovery, and sale or reuse of metals, glass, paper, plastics, and other materials which would otherwise be disposed of as solid waste.
REFUSE
All solid wastes, except body wastes, and shall include, but not be limited to, ashes, rubbish, garbage, industrial and commercial wastes, and junk; except that "refuse" shall specifically exclude hazardous waste.
RUBBISH
Solid waste exclusive of garbage (e.g., nonrecyclable glass, metal, paper, or plastic; and plant material, wood, or nonputrescible solid waste).
SCAVENGING
Uncontrolled or unauthorized removal of trash and recyclables from curbside after being placed curbside for collection by the Borough.
STATE
The Commonwealth of Pennsylvania and its regulatory agencies.
VEHICLE
Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
WHEELED CART
A light, two-wheeled, trash cart container provided by the Borough to the customer, and of a size approved by the Borough Council for use by the customers who pay a monthly fee in advance of the service being provided. The cart will have the compatibility to be lifted by the Borough's sanitation department staff members. A fee for additional wheeled cart(s) shall be established from time to time by the Borough Council in the Borough Fee Schedule, such fee to be added to the customers utility bill.
YARD WASTE
Organic material such as brush, twigs, leaves, garden residue, shrubbery, grass clippings, branches.
2. 
For the purpose of Part 1, the singular shall include the plural and the masculine shall include the feminine and neuter.
[Ord. No. 1233, 11/3/2021]
It shall be unlawful to dump, destroy, or otherwise dispose of refuse within the jurisdictional limits of the Borough.
[Ord. No. 1233, 11/3/2021]
All refuse shall be deposited and disposed of at a site designated by the County of Bucks as a county landfill or other state-approved disposal site by an authorized hauler.
[Ord. No. 1233, 11/3/2021]
An exception to the above requirement to deposit or dispose of refuse at a state-approved site shall be for scrap or salvageable material which may be delivered or sold to a processing plant for reclamation and salvaging.
[Ord. No. 1233, 11/3/2021]
1. 
No person shall accumulate, store, or permit to be accumulated or stored any refuse on any property within the Borough of Quakertown in quantities not authorized by this Part 1; provided, however, that these regulations shall not apply to any refuse accumulated or stored within a building or accessory structure constructed and maintained in accordance with duly established health, zoning, and building laws, codes, and regulations, nor to the storage of clean material designated as a recyclable by the Borough.
A. 
Compliance required of multifamily unit owners. For multifamily buildings/complexes containing four or more units, the property owner shall provide proper collection and disposal of regulated municipal waste and designated recyclable materials by contracting a permitted collector to deliver such waste and recycling to an approved facility. The Borough has the option to offer trash and recycling collection services to such multifamily units at the request of the owner, provided that all units in the building/complex participate in the service being offered by the Borough.
B. 
Multifamily units.
(1) 
Multifamily units with 10 or more residential units, including apartment complexes, condominium complexes, retirement homes, and mobile home parks, which provide the proper collection and disposal of regulated municipal waste and designated recyclable materials by utilizing a permitted private collector to deliver such waste and recycling to an approved facility as required under this Chapter shall be exempt from the solid waste fee.
(2) 
Multifamily units with four to nine residential units may be exempt from the solid waste fee upon the presentation to the Borough of a certified statement and a valid contract(s) demonstrating that all required trash and recycling services (including trash, commingled recycling, newspaper/cardboard, bulk waste, yard waste, and Christmas trees) are provided to the property by one or more private permitted collector which delivers the units' waste and recycling to an approved facility.
C. 
Each multifamily unit owner shall:
(1) 
Provide recycling containers at easily accessible locations for source separation of designated recyclable materials;
(2) 
Provide written instructions to all persons occupying each multifamily unit to ensure that all designated recyclable materials are source separated;
(3) 
Provide collection and delivery to a facility of source-separated designated recyclable materials at a frequency of not less than once per week; and
(4) 
Provide to the Borough annually by February 1 a written report on what materials were recycled and their weights for the previous calendar year.
[Ord. No. 1233, 11/3/2021]
1. 
Garbage shall be drained of liquid, wrapped securely in paper, plastic bags, or similar material and placed with other household rubbish in an approved container. Garbage shall not be stored for a period exceeding seven days. An exception to the above accumulation and storage methods for restaurants, institutions, and commercial food-handling and processing uses may be granted by the Borough through written agreement setting forth the specific conditions and regulations to be applied.
2. 
Organic materials being composted shall be stored in such a manner as not to create a nuisance or to endanger the public safety. Given this condition, organic materials being composted may be stored for more than seven days.
[Ord. No. 1233, 11/3/2021]
1. 
Authorized Containers and Packaging. Household rubbish and garbage shall be collected, stored, and/or prepared for collection only in the following containers and methods:
A. 
The municipal collection service shall be the sole collecting service for residential rubbish and garbage.
B. 
For disposal of rubbish and garbage, Borough residents will be required to place all household rubbish and garbage for collection in the wheeled cart. The Borough will only collect household rubbish and garbage contained in the wheeled cart or Borough-approved receptacles, not larger in capacity of 55 gallons and not filled to a weight greater than 40 pounds. Wheeled carts shall not be filled in any manner that does not allow the lid to rest in the fully closed position. Tree trimmings, shrubbery clippings, and similar material shall be cut in lengths not to exceed four feet and securely tied with string or twine in bundles not more than 40 pounds in weight. Trimmings not prepared as prescribed or exceeding four bundles will not be collected and must be disposed at the Borough's branch drop-off collection site at designated dates and times. Material denied for collection under this provision may be collected by a private hauler.
2. 
Household rubbish and garbage shall not be stored in a manner that creates offensive or obnoxious odors.
3. 
General storage methods.
A. 
All rubbish shall be drained of liquids before depositing into the wheeled carts.
B. 
Household rubbish may be temporarily stored in wheeled carts. Wheeled carts shall be kept free of residual liquids and solids by periodic cleaning.
[Ord. No. 1233, 11/3/2021]
It is mandatory that ashes be thoroughly extinguished before placement for collection. Ashes shall be disposed of in a separate disposal bag and placed in the trash wheeled cart.
[Ord. No. 1233, 11/3/2021]
1. 
Recyclables, as defined herein, shall be collected in accordance with these regulations.
2. 
Separation of Recyclables. All designated recyclables and leaf waste shall be kept separate from municipal waste, for the purposes of recycling and composting, respectively, to the extent required by the following provisions:
A. 
Owners and occupants of all residential properties shall keep separate those materials designated in the Borough's rules and regulations for the purpose of curbside recycling and leaf waste for the purpose of composting.
B. 
Owners and occupants of all commercial, municipal, and institutional establishments and properties and sponsors or organizers of community activities shall keep separate the following recyclables: aluminum cans, corrugated paper, office paper, and any other materials as designated in the Borough's rules and regulations. Leaf waste shall also be kept separate for the purpose of composting. Commercial, municipal, or institutional solid waste generators must submit an annual report showing materials that were recycled and the total number of tons recycled for the previous calendar year to the Borough's Recycling Coordinator no later than February 1 of each year.
C. 
Recyclables shall be prepared, stored and set at the curb in accordance with the provisions set forth in the Borough's rules and regulations.
D. 
All source-separated recyclable materials collected in the Borough's recycling program must be marked for recycling.
3. 
Municipal Waste Haulers.
A. 
Municipal waste collectors shall be responsible for the marketing of recyclable materials collected within the Borough. Recyclable materials must be recycled and may not be mixed with rubbish or garbage or disposed of in a nonrecyclable way without written permission from the PADEP.
B. 
Municipal waste collectors shall be responsible for delivering source-separated leaf waste collected in the Borough to a PADEP-approved composting facility. Source-separated leaf waste may not be disposed of as municipal waste or mixed with municipal waste without written permission from the PADEP.
[Ord. No. 1233, 11/3/2021]
1. 
A monthly solid waste fee, as established by Council by resolution from time to time and set forth in the Borough Fee Schedule, is hereby imposed upon and shall be charged against the occupant/resident of record at any residential property/residential dwelling unit for which trash, recycling, or bulk waste removal services are provided by the Borough. The monthly solid waste fee shall apply whenever the Borough offers a municipal collection service to the property/unit, regardless of what method of refuse, trash, or rubbish removal is used by the occupants of that property/unit, without exception.
2. 
The solid waste fee billing will be mailed monthly as part of the customer's utility bill from the Borough. In the event a tenant-occupied unit does not pay the solid waste fee, the owner of this unit shall be responsible for payment. So that the owner may be aware of the status of payment of the solid waste fee, the owner shall be permitted to obtain tenant account payment information from the Borough upon request. Properties with multiple units will be charged and billed for each unit. Payment shall be due within 20 days from the date of the bill.
3. 
If the bill for any property/unit is not paid within 45 days after the date of the bill, a 10% penalty shall be added thereto. If the payment, plus penalty, is not paid within 45 days after the date of the revised bill (i.e., 90 days after the date of the original bill), the aggregate amount thereof shall bear interest from the penalty date at a rate of 10% per annum, or the maximum rate permitted by law. Any unpaid bill (together with penalties and interest thereon, to the extent permitted by law) and all delinquent costs shall be a lien on the subject property/unit, which may be collected by any available legal action. Costs, expenses, and reasonable attorney's fees incurred by the Borough concerning the collection of any unpaid solid waste fee shall be added to the unpaid bill along with penalties and interest and the aggregate of the same may be entered as a municipal lien on the subject property/unit served and collected in the manner provided by the Municipal Claims Act, 53 P.S. § 7101 et seq.
4. 
Vacant properties/units will not be charged the solid waste fee if the Borough is properly notified of the vacancy. It is the responsibility of the owner and/or landlord to notify the Borough's Customer Relations Department in writing of any vacancy and to request the suspension of the municipal collection service during the period the property is vacant. Such notification must be provided prior to the property/unit becoming vacant. Failure to notify the Borough Utility Billing Department of re-occupancy of a vacant property/unit constitutes a violation of this Chapter and will result in penalties.
[Ord. No. 1233, 11/3/2021]
Industrial and commercial waste stored outside of buildings shall be stored in containers of suitable size, shape, and material so as to prohibit the waste from being scattered by wind or rain and shall prohibit accessibility of such waste to rodents and other vermin. An exception to the container requirement shall be for an inorganic industrial by-product waste of such quantity that container storage is impractical. In such latter instance, storage shall be by a means which will prohibit the waste material from becoming a nuisance to the neighborhood and from being scattered, blown, or otherwise carried away from the area where it is stored. In all instances, particulate wastes shall not be stored for periods exceeding seven days, and all other wastes shall not be stored for periods exceeding 30 days.
[Ord. No. 1233, 11/3/2021]
Construction and demolition waste may be stored upon the land where actual construction or demolition is in progress; provided, however, that such waste shall not be stored for a period exceeding 90 days and shall not be stored in a way which will allow it to be scattered, blown, or otherwise carried away from the area where it is stored.
[Ord. No. 1233, 11/3/2021]
Bulk waste shall not be stored outside of a building or accessory building, except for a period not exceeding 14 days pending collection and disposal. However, brush, tree trimmings, yard clippings, leaves, grass, or other waste from live plantings may be stored for longer periods if necessary, until the next scheduled collection day for such items or for composting as future mulch material. Commercial and industrial properties shall not place bulk items for collection by the municipal collection service. It shall be a violation of this Part 1 for any individual to place bulk waste for collection by municipal collection if that waste is not generated at or directly associated with the residence. Bulk waste shall be collected monthly from residential customers and shall be limited to one item per month per household. Council may from time to time, by resolution, establish certain bulk waste items as fee-for-collection items and establish regulations and charges for the collection of such items.
[Ord. No. 1233, 11/3/2021]
1. 
The collection of all ashes, garbage, household rubbish, yard waste, Christmas trees, recyclables, and bulk waste from residences in the Borough shall be by the municipal collection service, except as herein provided, in accordance with the following:
A. 
All refuse shall be prepared for collection in strict conformity with this Part 1 and deposited for collection in accordance with rules and regulations as adopted by the Borough from time to time.
B. 
The Borough may refuse to collect improperly prepared material and may give notice of such by affixing a warning notice to the container or material citing the violation. Failure to comply after first warning notice may result in prosecution under this chapter.
C. 
Except when specifically authorized by the Borough, wheeled carts shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley, and readily accessible to and not more than 10 feet from the side of the street or alley from which the collection is made. A wheeled cart must be placed so that the arrow on the lid is pointed toward the street/alley.
D. 
Routes of collection will be along streets, alleys, and rights-of-way as established by the Borough from time to time. Routes and pickup points will be determined by the Borough on the basis of the most efficient routing of collection equipment. It is the responsibility of the customer to provide access for Borough collection vehicles.
E. 
It shall be unlawful for any person to place for collection any municipal waste, refuse, recyclables, or bulk trash item not produced at the address from which collection is made or to bring any municipal waste, refuse, recyclables, or bulk trash into the Borough or from one address to another within the Borough for the purpose of taking advantage of the municipal collection service. It shall also be unlawful for any resident to deposit refuse or bulk items for residential collection service, which refuse was produced by any nonresidential activity or enterprise.
F. 
It shall be unlawful to store with household rubbish or place for collection by the municipal collection service any noncollectible waste.
G. 
Wheeled carts, refuse/recycling containers, and other items being left for collection shall not be placed at collection points any earlier than 6:00 p.m. on the day prior to scheduled collection and no later than 6:00 a.m. on the day of collection. Empty carts and containers shall be removed from the collection points prior to 6:00 p.m. on the day of collection. In no event shall any cart or container remain at curbside for more than 24 hours.
H. 
Any person found scavenging shall be in violation of this Part 1 and subject to its fines and penalties as set forth herein.
I. 
In addition to the preceding requirements of this Part 1, the following shall apply to all households using wheeled carts:
(1) 
The only trash receptacle permitted for use in conjunction with the municipal collection service is the wheeled cart that is provided by the Borough or a Borough-authorized receptacle;
(2) 
The Borough retains ownership of the Borough-provided wheeled cart. Any additional carts purchased by customer are the property of the customer.
(3) 
Residents are responsible for the cost, as set by the Borough Fee Schedule, for the replacement of a wheeled cart.
(4) 
Residents may place up to three wheeled carts at one address under the Borough's solid waste fee.
(5) 
Wheeled carts shall be placed a minimum of two feet from any parked car/vehicle or obstruction including, but not limited to, snow mounds, mailboxes, utility poles, etc.
(6) 
Residents who require more than three wheeled carts may purchase additional capacity per the Borough Fee Schedule.
(7) 
Residents shall be responsible for the cleanliness of the wheeled cart and shall periodically clean the wheeled cart with soap and water as necessary.
(8) 
Residents may not alter the exterior appearance of a wheeled cart in any manner except to affix temporary stick-on numbers to reflect the resident's street number address only.
(9) 
Residents shall not make any holes in or any other alteration to their wheeled cart(s).
(10) 
Customers are responsible for the cost of expenses incurred for the cleanup of hazardous waste, trash, refuse, rubbish, garbage, when required.
[Ord. No. 1233, 11/3/2021]
It shall be the responsibility of the owner or occupant of any commercial or industrial property to properly and legally dispose of all refuse and hazardous waste produced by an industrial or commercial activity or process by contracting for the collection, conveyance, and disposal of such refuse and waste with an authorized commercial collector; collecting, conveying, and disposing of such refuse and waste with its own vehicles; or contracting for the collection, conveyance, and disposal of such refuse and waste with the municipal collection service. In all instances, all such disposal activities must be in accord with the other requirements of this Part 1, as well as state and federal statutes, laws, codes, rules, and regulations. For purposes of this Part 1, all buildings with four or more dwelling units shall be treated as commercial properties.
[Ord. No. 1233, 11/3/2021]
The handling of refuse cans, containers, or similar objects in which refuse from industrial and commercial properties is stored, including refuse collection and/or compaction, is prohibited between the hours of 10:00 p.m. and 7:00 a.m. when the sound associated with such handling creates a noise disturbance across a property line.
[Ord. No. 1233, 11/3/2021]
Every owner of a commercial or an industrial property producing refuse and having such refuse collected and removed by the municipal collection service shall pay for such service in accordance with the Borough's Fee Schedule.
[Ord. No. 1233, 11/3/2021]
All construction and demolition waste shall be removed from the construction site by and at the expense of the owner of the premises upon which such waste was produced.
[Ord. No. 1233, 11/3/2021]
1. 
Any person who shall violate any provision of this Part 1, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and attorney's fees. Each day that a violation of this Part 1 continues shall constitute a separate offense, and each section of this Part 1 which shall be found to have been violated shall constitute a separate offense. For purposes of this Section, the doing of any act or thing prohibited by any provision of this Part 1, or the failure to do any act or thing as to which any provision of this Part 1 creates any affirmative duty, shall constitute a violation of this Part 1 punishable as herein stated.
2. 
Nothing included in this Part 1 shall be read to prevent the Borough from enforcing the provisions herein through an action in equity.
[Ord. No. 1233, 11/3/2021]
The Borough Manager is hereby authorized to designate any officer or employee of the Borough to monitor collection sites, receive complaints of violations of this Part 1, and enforce the provisions of this Part 1. Violations shall be enforced through the issuance of a nontraffic citation upon the person charged to be in such violation and/or any other means allowed for under the Borough Code or other applicable law.
[Ord. No. 1233, 11/3/2021]
1. 
Pursuant to the authorization granted by Section 1202 of the Borough Code (8 P.S. § 101 et. seq.),[1] the purpose of this Part 1 is to promote, protect, and facilitate the public health, safety, and general welfare by:
A. 
Instituting a mandatory recycling program in accordance with recommendations from the State Assembly whereby the Borough shall be the sole agent regulating the collection of solid waste and requiring residents to participate in the Borough's trash and recycling collection services.
B. 
Regulating the collection, accumulation, and storage of solid wastes so as to:
(1) 
Impede the propagation and the harboring of rats, mice, mosquitoes, flies, and other vermin.
(2) 
Eliminate filth and filthy deposits.
(3) 
Reduce the opportunity for growth of pollen-bearing grasses and weeds.
(4) 
Eliminate attractive nuisances which may endanger the safety of children.
(5) 
Reduce the potential pollution of land, air, or water and the disease-producing potential of decaying organic matter.
(6) 
Reduce the potential of spontaneous combustion and fire.
(7) 
Promote harmonious, peaceful, and comfortable neighborhood life by the elimination of nuisances.
(8) 
Provide for the preservation of valuable natural resources through the elimination of recyclable materials from collection and landfills.
C. 
Providing for the safe, orderly, and economic collection and removal of accumulated waste.
D. 
Provide for the disposal of solid waste in safe and sanitary methods and in compliance with applicable state and local rules and regulations.
E. 
Comply with the purpose and intent of Act No. 241, the Pennsylvania Solid Waste Management Act.[2]
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202.
[Ord. No. 1233, 11/3/2021]
1. 
The following words, when used in this Part 1, shall have the meanings ascribed to them in this Part 1, except in those instances where the context indicates otherwise:
ASHES
The residue resulting from the burning of wood, coal, or any other combustible material. This definition excludes ashes resulting from industrial process.
AUTHORIZED COMMERCIAL COLLECTOR
A person, firm, or corporation licensed to collect, convey, and dispose refuse in accordance with the provisions of this Part 1.
BIMETAL CONTAINER
An empty food or beverage container consisting of ferrous sides and bottom and an aluminum top.
BOROUGH
The Borough of Quakertown.
BUILDING OR ACCESSORY STRUCTURE
A building or other structure constructed, existing and used in conformity with the zoning, building and fire prevention ordinances, codes, and regulations of the Borough of Quakertown.
BULK WASTE
Items that, due to their size or shape, cannot be disposed of in a Borough disposal trash can. This includes, but is not limited to, large household appliances that do not contain freon, such as stoves and washing machines; or furniture and furnishings of equivalent size; plumbing fixtures; large crates; tools; machinery or parts thereof; play equipment; garden equipment; exercise equipment; and similar items.
COMMUNITY ACTIVITY
Events sponsored in whole or in part by a municipality, nonprofit organization, or sponsored private sponsor, which include, but are not limited to, fairs, bazaars, socials, picnics, and organized sporting events that will be attended by 50 or more individuals per day.
CONSTRUCTION AND DEMOLITION WASTE
Lumber, roofing, material, sheathing, rubble, broken concrete, plaster, brick, conduit, pipe, wire, insulation, and similar material which results from a construction, demolition, or remodeling process.
COUNTY
The County of Bucks and its regulatory agencies.
DWELLING UNIT
Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used, or intended to be used for, living, sleeping, cooking, and eating by one family.
GARBAGE
All animal and vegetable waste solids resulting from the handling, preparation, cooking, and consumption of foods.
GLASS CONTAINERS
Clean bottles and jars made of clear, green, or brown glass. Expressly excluded from this definition are non-container glass, porcelain, and ceramic products.
HAZARDOUS WASTE
Wastes that, in sufficient quantities and concentrations, pose a threat to human life, human health, or the environment when improperly stored, transported, treated, or disposed.
HOUSEHOLD RUBBISH
Paper (except newspaper), wood, excelsior, plastics, rags, cloth, leather, rubber, metals, tin cans, metal foils, ceramics, crockery, and similar items normally produced by, or originating from, private residential occupancy; provided, however, that the items set forth herein need not be produced by, or originate from, a residence to be classed as "household rubbish." So long as such waste is similar to the waste produced by or originating in a residence as to size, weight, and material. "Household rubbish" specifically excludes materials designated as recyclable.
INDUSTRIAL AND COMMERCIAL WASTE
Any material or substance which is a waste by-product of the industrial or commercial process. This shall include packaging materials and equipment used in the delivery or shipment of goods to or from the industrial or commercial site.
LEAF WASTE
Leaves, garden residues, shrubbery, tree trimmings, and similar material, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed intervals. Expressly excluded are all other paper products of any nature whatsoever.
MULTIFAMILY UNIT
A property which contains four or more residential units, including, without limitation, apartment complexes, condominium complexes, retirement homes, and mobile home parks.
MUNICIPAL COLLECTION SERVICE
A mandatory collection service established and operated by the Borough of Quakertown or a private collection service under contract with the Borough.
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 under Act 97 from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include any 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, however, are newspapers which have been soiled.
NONCOLLECTIBLE WASTE
Includes poisons, acids, paint, caustics, explosives, appliances, electronic devices, hazardous waste, human excreta, dead animals, and other hazardous materials that may cause damage or injury to collection equipment or personnel.
PADEP
The Pennsylvania Department of Environmental Protection.
PERSON
Any individual; partnership; corporation; association; institution; cooperative enterprise; municipality; municipal authority; federal government, department, institution, or agency; state government, department, institution, or agency; or any other legal entity recognized by law as the subject of rights and duties. In any provisions of this Part 1 prescribing a fine, penalty, or any combination thereof, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
RECYCLABLE MATERIALS/RECYCLABLES
Those materials specified by the Borough for collection in accordance with the State of Pennsylvania recycling regulations. Such material may include, but shall not be limited to, aluminum products, clean glass containers, bimetal containers, newspapers, magazine and periodicals, and plastic containers. What is specified to be "recyclable material" may change depending upon what the Borough is able to dispose of through municipal recycling efforts or changes through disposal contracts and laws.
RECYCLING
The separation, collection, processing, recovery, and sale or reuse of metals, glass, paper, plastics, and other materials which would otherwise be disposed of as solid waste.
REFUSE
All solid wastes, except body wastes, and shall include, but not be limited to, ashes, rubbish, garbage, industrial and commercial wastes, and junk; except that "refuse" shall specifically exclude hazardous waste.
RUBBISH
Solid waste exclusive of garbage (e.g., nonrecyclable glass, metal, paper, or plastic; and plant material, wood, or nonputrescible solid waste).
SCAVENGING
Uncontrolled or unauthorized removal of trash and recyclables from curbside after being placed curbside for collection by the Borough.
STATE
The Commonwealth of Pennsylvania and its regulatory agencies.
VEHICLE
Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
WHEELED CART
A light, two-wheeled, trash cart container provided by the Borough to the customer, and of a size approved by the Borough Council for use by the customers who pay a monthly fee in advance of the service being provided. The cart will have the compatibility to be lifted by the Borough's sanitation department staff members. A fee for additional wheeled cart(s) shall be established from time to time by the Borough Council in the Borough Fee Schedule, such fee to be added to the customers utility bill.
YARD WASTE
Organic material such as brush, twigs, leaves, garden residue, shrubbery, grass clippings, branches.
2. 
For the purpose of Part 1, the singular shall include the plural and the masculine shall include the feminine and neuter.
[Ord. No. 1233, 11/3/2021]
It shall be unlawful to dump, destroy, or otherwise dispose of refuse within the jurisdictional limits of the Borough.
[Ord. No. 1233, 11/3/2021]
All refuse shall be deposited and disposed of at a site designated by the County of Bucks as a county landfill or other state-approved disposal site by an authorized hauler.
[Ord. No. 1233, 11/3/2021]
An exception to the above requirement to deposit or dispose of refuse at a state-approved site shall be for scrap or salvageable material which may be delivered or sold to a processing plant for reclamation and salvaging.
[Ord. No. 1233, 11/3/2021]
1. 
No person shall accumulate, store, or permit to be accumulated or stored any refuse on any property within the Borough of Quakertown in quantities not authorized by this Part 1; provided, however, that these regulations shall not apply to any refuse accumulated or stored within a building or accessory structure constructed and maintained in accordance with duly established health, zoning, and building laws, codes, and regulations, nor to the storage of clean material designated as a recyclable by the Borough.
A. 
Compliance required of multifamily unit owners. For multifamily buildings/complexes containing four or more units, the property owner shall provide proper collection and disposal of regulated municipal waste and designated recyclable materials by contracting a permitted collector to deliver such waste and recycling to an approved facility. The Borough has the option to offer trash and recycling collection services to such multifamily units at the request of the owner, provided that all units in the building/complex participate in the service being offered by the Borough.
B. 
Multifamily units.
(1) 
Multifamily units with 10 or more residential units, including apartment complexes, condominium complexes, retirement homes, and mobile home parks, which provide the proper collection and disposal of regulated municipal waste and designated recyclable materials by utilizing a permitted private collector to deliver such waste and recycling to an approved facility as required under this Chapter shall be exempt from the solid waste fee.
C. 
Multifamily units with four to nine residential units may be exempt from the solid waste fee upon the presentation to the Borough of a certified statement and a valid contract(s) demonstrating that all required trash and recycling services (including trash, commingled recycling, newspaper/cardboard, bulk waste, yard waste, and Christmas trees) are provided to the property by one or more private permitted collector which delivers the units' waste and recycling to an approved facility.
D. 
Each multifamily unit owner shall:
(1) 
Provide recycling containers at easily accessible locations for source separation of designated recyclable materials;
(2) 
Provide written instructions to all persons occupying each multifamily unit to ensure that all designated recyclable materials are source separated;
(3) 
Provide collection and delivery to a facility of source-separated designated recyclable materials at a frequency of not less than once per week; and
(4) 
Provide to the Borough annually by February 1 a written report on what materials were recycled and their weights for the previous calendar year.
[Ord. No. 1233, 11/3/2021]
1. 
Garbage shall be drained of liquid, wrapped securely in paper, plastic bags, or similar material and placed with other household rubbish in an approved container. Garbage shall not be stored for a period exceeding seven days. An exception to the above accumulation and storage methods for restaurants, institutions, and commercial food-handling and processing uses may be granted by the Borough through written agreement setting forth the specific conditions and regulations to be applied.
2. 
Organic materials being composted shall be stored in such a manner as not to create a nuisance or to endanger the public safety. Given this condition, organic materials being composted may be stored for more than seven days.
[Ord. No. 1233, 11/3/2021]
1. 
Authorized Containers and Packaging. Household rubbish and garbage shall be collected, stored, and/or prepared for collection only in the following containers and methods:
A. 
The municipal collection service shall be the sole collecting service for residential rubbish and garbage.
B. 
For disposal of rubbish and garbage, Borough residents will be required to place all household rubbish and garbage for collection in the wheeled cart. The Borough will only collect household rubbish and garbage contained in the wheeled cart or Borough-approved receptacles, not larger in capacity of 55 gallons and not filled to a weight greater than 40 pounds. Wheeled carts shall not be filled in any manner that does not allow the lid to rest in the fully closed position. Tree trimmings, shrubbery clippings, and similar material shall be cut in lengths not to exceed four feet and securely tied with string or twine in bundles not more than 40 pounds in weight. Trimmings not prepared as prescribed or exceeding four bundles will not be collected and must be disposed at the Borough's branch drop-off collection site at designated dates and times. Material denied for collection under this provision may be collected by a private hauler.
2. 
Household rubbish and garbage shall not be stored in a manner that creates offensive or obnoxious odors.
3. 
General storage methods.
A. 
All rubbish shall be drained of liquids before depositing into the wheeled carts.
B. 
Household rubbish may be temporarily stored in wheeled carts. Wheeled carts shall be kept free of residual liquids and solids by periodic cleaning.
[Ord. No. 1233, 11/3/2021]
It is mandatory that ashes be thoroughly extinguished before placement for collection. Ashes shall be disposed of in a separate disposal bag and placed in the trash wheeled cart.
[Ord. No. 1233, 11/3/2021]
1. 
Recyclables, as defined herein, shall be collected in accordance with these regulations.
2. 
Separation of Recyclables. All designated recyclables and leaf waste shall be kept separate from municipal waste, for the purposes of recycling and composting, respectively, to the extent required by the following provisions:
A. 
Owners and occupants of all residential properties shall keep separate those materials designated in the Borough's rules and regulations for the purpose of curbside recycling and leaf waste for the purpose of composting.
B. 
Owners and occupants of all commercial, municipal, and institutional establishments and properties and sponsors or organizers of community activities shall keep separate the following recyclables: aluminum cans, corrugated paper, office paper, and any other materials as designated in the Borough's rules and regulations. Leaf waste shall also be kept separate for the purpose of composting. Commercial, municipal, or institutional solid waste generators must submit an annual report showing materials that were recycled and the total number of tons recycled for the previous calendar year to the Borough's Recycling Coordinator no later than February 1 of each year.
C. 
Recyclables shall be prepared, stored and set at the curb in accordance with the provisions set forth in the Borough's rules and regulations.
D. 
All source-separated recyclable materials collected in the Borough's recycling program must be marked for recycling.
3. 
Municipal Waste Haulers.
A. 
Municipal waste collectors shall be responsible for the marketing of recyclable materials collected within the Borough. Recyclable materials must be recycled and may not be mixed with rubbish or garbage or disposed of in a nonrecyclable way without written permission from the PADEP.
B. 
Municipal waste collectors shall be responsible for delivering source-separated leaf waste collected in the Borough to a PADEP-approved composting facility. Source-separated leaf waste may not be disposed of as municipal waste or mixed with municipal waste without written permission from the PADEP.
[Ord. No. 1233, 11/3/2021]
1. 
A monthly solid waste fee, as established by Council by resolution from time to time and set forth in the Borough Fee Schedule, is hereby imposed upon and shall be charged against the occupant/resident of record at any residential property/residential dwelling unit for which trash, recycling, or bulk waste removal services are provided by the Borough. The monthly solid waste fee shall apply whenever the Borough offers a municipal collection service to the property/unit, regardless of what method of refuse, trash, or rubbish removal is used by the occupants of that property/unit, without exception.
2. 
The solid waste fee billing will be mailed monthly as part of the customer's utility bill from the Borough. In the event a tenant-occupied unit does not pay the solid waste fee, the owner of this unit shall be responsible for payment. So that the owner may be aware of the status of payment of the solid waste fee, the owner shall be permitted to obtain tenant account payment information from the Borough upon request. Properties with multiple units will be charged and billed for each unit. Payment shall be due within 20 days from the date of the bill.
3. 
If the bill for any property/unit is not paid within 45 days after the date of the bill, a 10% penalty shall be added thereto. If the payment, plus penalty, is not paid within 45 days after the date of the revised bill (i.e., 90 days after the date of the original bill), the aggregate amount thereof shall bear interest from the penalty date at a rate of 10% per annum, or the maximum rate permitted by law. Any unpaid bill (together with penalties and interest thereon, to the extent permitted by law) and all delinquent costs shall be a lien on the subject property/unit, which may be collected by any available legal action. Costs, expenses, and reasonable attorney's fees incurred by the Borough concerning the collection of any unpaid solid waste fee shall be added to the unpaid bill along with penalties and interest and the aggregate of the same may be entered as a municipal lien on the subject property/unit served and collected in the manner provided by the Municipal Claims Act, 53 P.S. § 7101 et seq.
4. 
Vacant properties/units will not be charged the solid waste fee if the Borough is properly notified of the vacancy. It is the responsibility of the owner and/or landlord to notify the Borough's Customer Relations Department in writing of any vacancy and to request the suspension of the municipal collection service during the period the property is vacant. Such notification must be provided prior to the property/unit becoming vacant. Failure to notify the Borough Utility Billing Department of re-occupancy of a vacant property/unit constitutes a violation of this Chapter and will result in penalties.
[Ord. No. 1233, 11/3/2021]
Industrial and commercial waste stored outside of buildings shall be stored in containers of suitable size, shape, and material so as to prohibit the waste from being scattered by wind or rain and shall prohibit accessibility of such waste to rodents and other vermin. An exception to the container requirement shall be for an inorganic industrial by-product waste of such quantity that container storage is impractical. In such latter instance, storage shall be by a means which will prohibit the waste material from becoming a nuisance to the neighborhood and from being scattered, blown, or otherwise carried away from the area where it is stored. In all instances, particulate wastes shall not be stored for periods exceeding seven days, and all other wastes shall not be stored for periods exceeding 30 days.
[Ord. No. 1233, 11/3/2021]
Construction and demolition waste may be stored upon the land where actual construction or demolition is in progress; provided, however, that such waste shall not be stored for a period exceeding 90 days and shall not be stored in a way which will allow it to be scattered, blown, or otherwise carried away from the area where it is stored.
[Ord. No. 1233, 11/3/2021]
Bulk waste shall not be stored outside of a building or accessory building, except for a period not exceeding 14 days pending collection and disposal. However, brush, tree trimmings, yard clippings, leaves, grass, or other waste from live plantings may be stored for longer periods if necessary, until the next scheduled collection day for such items or for composting as future mulch material. Commercial and industrial properties shall not place bulk items for collection by the municipal collection service. It shall be a violation of this Part 1 for any individual to place bulk waste for collection by municipal collection if that waste is not generated at or directly associated with the residence. Bulk waste shall be collected monthly from residential customers and shall be limited to one item per month per household. Council may from time to time, by resolution, establish certain bulk waste items as fee-for-collection items and establish regulations and charges for the collection of such items.
[Ord. No. 1233, 11/3/2021]
1. 
The collection of all ashes, garbage, household rubbish, yard waste, Christmas trees, recyclables, and bulk waste from residences in the Borough shall be by the municipal collection service, except as herein provided, in accordance with the following:
A. 
All refuse shall be prepared for collection in strict conformity with this Part 1 and deposited for collection in accordance with rules and regulations as adopted by the Borough from time to time.
B. 
The Borough may refuse to collect improperly prepared material and may give notice of such by affixing a warning notice to the container or material citing the violation. Failure to comply after first warning notice may result in prosecution under this chapter.
C. 
Except when specifically authorized by the Borough, wheeled carts shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley, and readily accessible to and not more than 10 feet from the side of the street or alley from which the collection is made. A wheeled cart must be placed so that the arrow on the lid is pointed toward the street/alley.
D. 
Routes of collection will be along streets, alleys, and rights-of-way as established by the Borough from time to time. Routes and pickup points will be determined by the Borough on the basis of the most efficient routing of collection equipment. It is the responsibility of the customer to provide access for Borough collection vehicles.
E. 
It shall be unlawful for any person to place for collection any municipal waste, refuse, recyclables, or bulk trash item not produced at the address from which collection is made or to bring any municipal waste, refuse, recyclables, or bulk trash into the Borough or from one address to another within the Borough for the purpose of taking advantage of the municipal collection service. It shall also be unlawful for any resident to deposit refuse or bulk items for residential collection service, which refuse was produced by any nonresidential activity or enterprise.
F. 
It shall be unlawful to store with household rubbish or place for collection by the municipal collection service any noncollectible waste.
G. 
Wheeled carts, refuse/recycling containers, and other items being left for collection shall not be placed at collection points any earlier than 6:00 p.m. on the day prior to scheduled collection and no later than 6:00 a.m. on the day of collection. Empty carts and containers shall be removed from the collection points prior to 6:00 p.m. on the day of collection. In no event shall any cart or container remain at curbside for more than 24 hours.
H. 
Any person found scavenging shall be in violation of this Part 1 and subject to its fines and penalties as set forth herein.
I. 
In addition to the preceding requirements of this Part 1, the following shall apply to all households using wheeled carts:
(1) 
The only trash receptacle permitted for use in conjunction with the municipal collection service is the wheeled cart that is provided by the Borough or a Borough-authorized receptacle;
(2) 
The Borough retains ownership of the Borough-provided wheeled cart. Any additional carts purchased by customer are the property of the customer.
(3) 
Residents are responsible for the cost, as set by the Borough Fee Schedule, for the replacement of a wheeled cart.
(4) 
Residents may place up to three wheeled carts at one address under the Borough's solid waste fee.
(5) 
Wheeled carts shall be placed a minimum of two feet from any parked car/vehicle or obstruction including, but not limited to, snow mounds, mailboxes, utility poles, etc.
(6) 
Residents who require more than three wheeled carts may purchase additional capacity per the Borough Fee Schedule.
(7) 
Residents shall be responsible for the cleanliness of the wheeled cart and shall periodically clean the wheeled cart with soap and water as necessary.
(8) 
Residents may not alter the exterior appearance of a wheeled cart in any manner except to affix temporary stick-on numbers to reflect the resident's street number address only.
(9) 
Residents shall not make any holes in or any other alteration to their wheeled cart(s).
(10) 
Customers are responsible for the cost of expenses incurred for the cleanup of hazardous waste, trash, refuse, rubbish, garbage, when required.
[Ord. No. 1233, 11/3/2021]
It shall be the responsibility of the owner or occupant of any commercial or industrial property to properly and legally dispose of all refuse and hazardous waste produced by an industrial or commercial activity or process by contracting for the collection, conveyance, and disposal of such refuse and waste with an authorized commercial collector; collecting, conveying, and disposing of such refuse and waste with its own vehicles; or contracting for the collection, conveyance, and disposal of such refuse and waste with the municipal collection service. In all instances, all such disposal activities must be in accord with the other requirements of this Part 1, as well as state and federal statutes, laws, codes, rules, and regulations. For purposes of this Part 1, all buildings with four or more dwelling units shall be treated as commercial properties.
[Ord. No. 1233, 11/3/2021]
The handling of refuse cans, containers, or similar objects in which refuse from industrial and commercial properties is stored, including refuse collection and/or compaction, is prohibited between the hours of 10:00 p.m. and 7:00 a.m. when the sound associated with such handling creates a noise disturbance across a property line.
[Ord. No. 1233, 11/3/2021]
Every owner of a commercial or an industrial property producing refuse and having such refuse collected and removed by the municipal collection service shall pay for such service in accordance with the Borough's Fee Schedule.
[Ord. No. 1233, 11/3/2021]
All construction and demolition waste shall be removed from the construction site by and at the expense of the owner of the premises upon which such waste was produced.
[Ord. No. 1233, 11/3/2021]
1. 
Any person who shall violate any provision of this Part 1, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and attorney's fees. Each day that a violation of this Part 1 continues shall constitute a separate offense, and each section of this Part 1 which shall be found to have been violated shall constitute a separate offense. For purposes of this Section, the doing of any act or thing prohibited by any provision of this Part 1, or the failure to do any act or thing as to which any provision of this Part 1 creates any affirmative duty, shall constitute a violation of this Part 1 punishable as herein stated.
2. 
Nothing included in this Part 1 shall be read to prevent the Borough from enforcing the provisions herein through an action in equity.
[Ord. No. 1233, 11/3/2021]
The Borough Manager is hereby authorized to designate any officer or employee of the Borough to monitor collection sites, receive complaints of violations of this Part 1, and enforce the provisions of this Part 1. Violations shall be enforced through the issuance of a nontraffic citation upon the person charged to be in such violation and/or any other means allowed for under the Borough Code or other applicable law.
[Ord. No. 1233, 11/3/2021[1]]
This Part 2 shall be known and referred to as the "Borough Waste Collection and Transportation Ordinance."
[1]
Editor's Note: This ordinance also repealed former Part 2, Waste Collection and Transportation, Ord. 1131, 8/1/2007.
[Ord. No. 1233, 11/3/2021]
1. 
The following words and phrases as used in this Part 2 shall have the meaning ascribed to them herein unless the context clearly indicates a different meaning.
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[1]
ACT 90
The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596, No. 90, June 29, 2002).[2]
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[3]
BOROUGH
The Borough of Quakertown, Bucks County, Pennsylvania.
COLLECTOR
Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste and/or source-separated recyclable materials.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers, and theaters.
COUNTY
The County of Bucks, Pennsylvania.
DISPOSAL
The deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air, or is discharged to the waters of this Commonwealth. Disposal facilities include, but are not limited to, municipal waste landfills and construction/demolition waste landfills, as defined by Act 101, Act 97, and/or PADEP rules and regulations (25 Pa. Code Chapters 75 and 271).
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing, processing, or production activities, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in services, including, but not limited to, hospitals, nursing homes, schools, and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
LICENSED COLLECTOR
A person who has written authorization from the PADEP under Act 90 to collect, haul, transport, and dispose of municipal waste.
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 under Act 97 from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include any source-separated recyclable materials.
PADEP
The Pennsylvania Department of Environmental Protection.
PERSON
Any individual; partnership; corporation; association; institution; cooperative enterprise; municipality; municipal authority; federal government, department, institution, or agency; state government, department, institution, or agency; or any other legal entity recognized by law as the subject of rights and duties. In any provisions of this Part 2 prescribing a fine, penalty, or any combination thereof, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal waste, recyclables, or any technology used to convert part or all of such materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, recycling facilities, composting facilities, and resource recovery facilities.
RECYCLABLE MATERIALS/RECYCLABLES
Those materials specified by the Borough for collection in accordance with the State of Pennsylvania recycling regulations. Such material may include, but shall not be limited to, aluminum products, clean glass containers, bimetal containers, newspapers, magazine and periodicals, plastic containers, and yard wastes. What is specified to be "recyclable material" may change depending upon what the Borough is able to dispose of through municipal recycling efforts or changes through disposal contracts and laws.
RECYCLING
The collection, separation, recovery, and sale or reuse of metals, glass, paper, leaf waste, plastics, and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) for creation and recovery of reusable materials other than a fuel for the generation of energy.
SCAVENGING
The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a processing or disposal facility.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials, including leaf waste, that are separated from municipal waste at the point of origin or generation for the purpose of recycling.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq.
2. 
For the purpose of Part 2, the singular shall include the plural and the masculine shall include the feminine and neuter.
[Ord. No. 1233, 11/3/2021]
1. 
It shall be unlawful for any person to collect and/or transport municipal waste from any residential, public, commercial, industrial, or institutional establishment within Quakertown Borough without first securing written authorization from the PADEP in accordance with the provisions of Act 90.
2. 
It shall be unlawful for any person to store, collect, and/or transport municipal waste or source-separated recyclable materials from any sources within Quakertown Borough in a manner not in accordance with the provisions of this Part 2; any applicable municipal ordinance; the applicable Bucks County Municipal Waste Management Plan; Act 90; Act 101; the minimum standards and requirements established in Chapter 285 of the PADEP Municipal Waste Management Regulations; any applicable Bucks County Department of Health regulations; and/or any other federal, state, or local statute, law, ordinance, code, rule, or regulation.
3. 
It shall be unlawful for any person to scavenge any material from any municipal waste or source-separated recyclable materials that are stored or placed for subsequent collection within Quakertown Borough.
[Ord. No. 1233, 11/3/2021]
1. 
All collectors operating within Quakertown Borough must comply with the following minimum standards and regulations:
A. 
All trucks or other vehicles used for collection and transportation of municipal waste and/or source-separated recyclable materials must comply with the applicable requirements of Act 90, Act 97, Act 101, and PADEP regulations adopted pursuant to these Acts.
B. 
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall be operated and maintained in a manner that will prevent creation of a nuisance or a hazard to public health, safety, and welfare.
C. 
All collection vehicles conveying putrescible municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, and the creation of odors and other nuisances.
D. 
All collection vehicles conveying nonputrescible municipal waste and/or source- separated recyclable materials shall be capable of being enclosed or covered to prevent litter and other nuisances.
E. 
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of material transported by the vehicle. All such signs shall have lettering which is at least six inches in height as required by Act 101.
F. 
All collection vehicles and equipment used by collectors shall be subject to inspection by the Quakertown Borough or its authorized agents at any reasonable hour without prior notification.
[Ord. No. 1233, 11/3/2021]
1. 
No person shall collect or remove any municipal waste from within the Borough without first obtaining written authorization from PADEP in accordance with the provisions of Act 90 and providing a copy of such written authorization to the Borough. This Section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste to PADEP-approved facilities or recyclables to appropriate recycling centers, nor to farmers, landscapers or nurserymen who collect, remove, haul, or otherwise transport agricultural or other organic waste associated with their respective business activities.
2. 
Prior to collecting and/or transporting municipal waste and recycling within the Borough, a collector shall submit a registration form to the Borough which form shall include a copy of the collector's/hauler's written authorization issued by PADEP, and a copy of its municipal and residual waste transporter authorization permit (DEP form 2500-PM- BWM0015) along with any of the following information that may be deemed appropriate by the Borough:
A. 
A list of collection vehicles covered under the written authorization, including, as a minimum, the following information for each vehicle: identification information (such as vehicle license number, vehicle registration number, or company identification number); date and location of most recent vehicle inspection; and hauling capacity of the vehicle;
B. 
The type of municipal waste to be collected and transported; and
C. 
Certificate(s) of insurance evidencing that the waste hauler or collector has valid liability, automobile, and workers' compensation insurance in the minimum amounts established and required by separate resolution of Borough Council.
3. 
Any person who fails to satisfy the minimum standards and requirements of this Part 2 or is in violation of the provisions of this Part 2 shall not collect municipal waste or source- separated material in Quakertown Borough.
4. 
All licensed collectors shall meet the requirements of Act 90, Act 97, Act 101, the Bucks County Municipal Waste Management Plan, and all PADEP rules and regulations (25 Pa. Code Chapter 285).
[Ord. No. 1233, 11/3/2021]
All licensed collectors of source-separated recyclable materials operating within the Borough shall participate in the Bucks County Municipal Recycling Documentation Program. The Program will provide a system for documenting the origin of municipal waste and source-separated recyclable material by municipality and the ultimate disposal point of said waste and recyclables. Each licensed collector and collectors of source- separated recyclable materials operating in the Borough shall prepare and submit an annual report to the Borough on the official collectors and haulers recyclables documentation reporting form. The report shall be submitted by the licensed collector and collectors of source-separated recyclable materials to the Borough by January 31 of each year and include all required information pertaining to the preceding calendar year.
[Ord. No. 1233, 11/3/2021]
Any person who shall violate any provision of this Part 2, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and attorney's fees. Each day that a violation of this Part 2 continues shall constitute a separate offense, and each section of this Part 2 which shall be found to have been violated shall constitute a separate offense. For purposes of this Section, the doing of any act or thing prohibited by any provision of this Part 2, or the failure to do any act or thing as to which any provision of this Part 2 creates any affirmative duty, shall constitute a violation of this Part 2 punishable as herein stated. Licensed collectors who shall violate any provision of this Part 2 may be reported to the PADEP by the Borough and may be subject to the revocation of the state authorization to transport municipal waste, as described in Act 90.
[Ord. No. 1233, 11/3/2021]
Nothing included in this Part 2 shall be read to prevent the Borough from enforcing the provisions herein through an action in equity.