Borough of Catasauqua, PA
Lehigh County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Catasauqua as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 170.
Abandoned vehicles — See Ch. 255.
Zoning — See Ch. 280.
[Adopted 6-30-1986 by Ord. No. 901 (Ch. VIII, Secs. 1 to 11, of the 1962 Code)]
This article shall be known as the "Borough of Catasauqua Municipal Solid Waste Ordinance."
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.
BOROUGH
Catasauqua Borough, Lehigh County.
COLLECTOR
A person authorized by the Borough to collect, transport, and dispose of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theatres.
COMMERCIAL UNIT
Any commercial, industrial or institutional establishment which is not included under the definition of "residential unit."
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.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants, refineries and the like.
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 wastes 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 waste supply treatment plant, waste water treatment plant, or air pollution control facility. (Pennsylvania Solid Waste Management Act 97, Section 103.[1])
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 such rights and duties.
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.
RESIDENTIAL UNIT
Any single-family, double-family or multifamily apartments except those which contain a commercial unit; also churches, convents, banks, business and professional offices, barber shops, and newspaper and magazine shops; and also rooming houses and boarding houses. For purposes of this article, the number of residential units in a rooming or boarding house shall be determined by dividing the number of rooms for roomers and boarders by three.
RIFFRAFF
All waste material which is too large for collection in a twenty-gallon container. Examples include Christmas trees, furniture, tanks, stoves, large dead animals, tree trimmings, etc.
RUBBISH
All waste material other than ashes or garbage which can be collected in a twenty-gallon container such as paper, rags, street sweepings, small dead animals, excelsior, straw, boxes, old clothes and shoes, leather scraps, pieces of carpet, grass hedge trimmings, cloth, glass, china, wood, sand, brick, tile, etc.
SOLID WASTE
Any waste, including but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. (Pennsylvania Solid Waste Management Act 97, Section 103.)
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.
TRANSPORTATION
The off-site removal of any municipal waste generated or present at any time from the Borough.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[Amended 9-6-1994 by Ord. No. 1016; 6-3-1996 by Ord. No. 1053]
A. 
All municipal waste, not elsewhere excluded, shall be collected, conveyed and disposed of by the contractor for the Borough; provided, however, that the Borough Manager shall require any person or persons owning or occupying any premises whose accumulated municipal waste per unit each time of collection is in excess of two twenty-gallon containers or their equivalent by weight or volume, to personally collect, convey and dispose of such municipal waste in accordance with all regulations for collection, conveyance and disposal prescribed in this article or made by the Borough Council or the Borough Manager, or to pay such additional fees as may be required for the removal thereof.
B. 
Riffraff items can be disposed of by the Borough contractor upon the notification of the property owner with the exception of Christmas trees which shall be collected without the need for prior notification. With the exception of Christmas trees, riffraff items shall be considered as additional refuse and shall not be included as part of the annual service fee of the Borough. Property owners or occupants of residential units shall also have the option to dispose of riffraff items through a licensed refuse hauler. The cost of collecting riffraff items shall be borne by the owner of the property disposing of the items and shall be paid directly to a licensed refuse hauler or to the residential contractor of the Borough. Christmas trees shall be the only riffraff item included as part of the annual service fee of the Borough and as such can only be collected by the residential contractor of the Borough.
C. 
The cost for the collection service as defined and provided under this article and as fixed from time to time by the Council of the Borough of Catasauqua shall be borne and paid for by the owner of the premises from which the municipal waste is collected.
D. 
Proper Borough officers are hereby authorized to contract for the performance of the collection services provided by this article and to award a contract therefor from time to time for such period of time as shall be determined by Borough Council which contract shall require the contractor to assume all responsibility for the collection of all municipal waste in the Borough in accordance with the provisions of this article and regulations, orders and specifications provided under the authority thereof, and to convey, dump and dispose of all such municipal waste in accordance with § 220-4, and to fix and regulate in a manner not inconsistent with the terms of this article, and the manner, method and time of collecting and conveying refuse, the type of equipment required for the purpose and the price to be paid for the performance of said contract and the time or times for the payment thereof.
E. 
The collection and disposal of municipal waste in the Borough of Catasauqua shall be under the supervision of the Borough Manager. He shall have authority to make regulations concerning the days of collection, type and location of waste containers and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof.
F. 
The Borough Manager is authorized to arrange date schedules for the collection of municipal waste from all units not excluded in the various categories and sections of the Borough and shall give public notice thereof. Such schedules shall provide for two collections for each and every week throughout the year. No collections shall be made on Sundays or the following holidays: New Year's Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. Only one collection shall be made in any week when one of these holidays falls on a normal collection day.
G. 
All persons owning or occupying residential units within the Borough other than those excluded under Subsection A of this section, or § 220-8 of this article, shall dispose of all municipal waste and Christmas trees via the municipal collection service and no person shall transport or dispose of any refuse by any means not approved by this article.
H. 
Ownership of garbage, rubbish, ashes or Christmas trees set out for collection shall be vested in the Borough.
I. 
Garbage, ashes and rubbish shall be included in the regular collection service and it shall not be necessary to separate these different types of refuse.
J. 
The Borough Manager shall notify all occupants of the days of refuse collection in each area of the Borough. Refuse may not be set out earlier than 6:00 p.m. the day before the scheduled day of collection.
K. 
Prohibited acts. On and after the date of approval of this article pursuant to the authority contained in this article:
(1) 
It shall be unlawful for any person to place any refuse in any street, alley or other public place or upon private property, whether owned by such person or not, within the Borough, except it be in proper receptacles for collection. No person shall throw or deposit any refuse in any stream or other body of water.
(2) 
It shall be unlawful for any person other than the occupants of the premises on which refuse receptacles are stored, or the collector, to remove the covers of any of the refuse receptacles or to remove the refuse stored in such containers.
(3) 
It shall be unlawful to place in any containers provided for regular collection any wearing apparel, bedding or refuse from premises where highly infectious or contagious diseases have prevailed, or any highly inflammable or explosive refuse.
(4) 
It shall be unlawful to haul refuse over the streets of the Borough of Catasauqua in any vehicle other than a watertight vehicle provided with a tight cover so as to prevent offensive odors from escaping therefrom and refuse from being blown, dropped, or spilled therefrom. No refuse shall be dumped or disposed of within the limits of the Borough.
(5) 
It shall be unlawful for any person to allow any accumulation of refuse on any premises in the Borough other than for the purpose of collection in the manner provided by this article or by special regulation of Borough Council. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited.
(6) 
Except during the time allowed by this article for the placement of containers for collection, no trash container, refuse container or recycling container shall be placed or stored on any property so as to be visible from the street in front of the property.
(7) 
All furniture, materials and other similar products designed, built and manufactured exclusively for indoor living use shall not be stored on exterior porches, in yards or any other part of an exterior property in residential and nonresidential areas. The storage of automobile car seats and other non-weather-resistant materials shall also be prohibited.
[Added 3-7-2011 by Ord. No. 1263]
A. 
General.
(1) 
It shall be the duty of every owner of property and every person occupying any dwelling unit, premises or place of business within the Borough 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 wastes which may accumulate during the intervals between collection of such municipal waste by an authorized collector.
(2) 
It shall be the responsibility of the person occupying the premises to keep all refuse containers in a sanitary condition.
(3) 
All garbage shall have drained from it all free liquids and shall be wrapped in paper before being placed in refuse containers.
(4) 
All rubbish shall be drained of liquid before being deposited for collection.
(5) 
Rubbish or ashes which are not placed in refuse containers must be secured in some fashion so as to prevent them from blowing away from the collection point.
(6) 
Christmas trees, hedge clippings and similar materials shall be cut to lengths not to exceed three feet and shall be securely tied in bundles not more than two feet thick before being offered for regular collection.
(7) 
Rifraff items can be disposed of by the Borough contractor upon the notification of the property owner with the exception of Christmas trees which shall be collected without the need for prior notification. With the exception of Christmas trees, riffraff items shall be considered as additional refuse and shall not be included as part of the annual service fee of the Borough. Property owners or occupants of residential units shall also have the option to dispose of riffraff items through a licensed refuse hauler. The cost of collecting riffraff items shall be borne by the owner of the property disposing of the items and shall be paid directly to a licensed hauler or to the contractor of the Borough. Christmas trees shall be the only riffraff item included as part of the annual service fee of the Borough and as such can only be collected by the contractor of the Borough. If the property owner or occupant of a residential unit wishes to have riffraff items collected by the contractor of the Borough, he can make arrangements for collection by calling the Borough Hall.
(8) 
The removal of wearing apparel, bedding or other refuse from premises where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Board of Health. Occupants of premises containing such refuse shall contact the Borough Manager to arrange for such removal.
(9) 
Highly inflammable or explosive refuse may not be offered for regular collection. Occupants of premises containing such refuse must contact the Borough Manager to arrange for removal at the expense of the occupant.
(10) 
Any refuse container which does not conform to these regulations or which has ragged or sharp edges or any other defect liable to hamper or injure the collector shall be promptly replaced. Failure to comply within 10 days will result in the removal of the defective container as refuse.
(11) 
Emptied containers shall be removed from their collection point by the owner or occupant by 12:00 noon the day of collection.
B. 
Storage on residential properties.
(1) 
Containers. All municipal waste accumulated by owners of each property and/or the occupants of residential properties shall be placed in containers, for collection by an authorized collector. The containers shall be durable, watertight and made of metal or plastic. The size of each such container shall not exceed a twenty-gallon capacity.
(2) 
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 curb line of the street, or within no less 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.
C. 
Storage on commercial, institutional and industrial properties.
(1) 
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 where the accumulation for each commercial, institutional or industrial property precludes their use, in which case such owner or occupant shall make special arrangements with the authorized collector for the storing of such additional quantities. Such special arrangements shall include the following:
(a) 
The type of special bulk container to be furnished by the collector and as may be approved by the Borough.
(b) 
The number of such containers shall be agreed to between the collector and such owner or occupant of the commercial, institutional or industrial property to be used in any collection period.
(2) 
Location of containers. Containers for collection at commercial, institutional and industrial properties shall be located on such premises at a place agreed upon by such owner or occupant of the commercial, institutional or industrial property and the authorized collector and shall not be unsatisfactory to the Borough. Such location shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways or entrances and exits of public or private buildings.
A. 
It shall be unlawful for any person, other than such persons as are duly authorized by the Borough, to collect and transport solid waste of any nature as a regular hauling business within or from the Borough. Authorization shall be given only as set forth below.
B. 
Authorization to collect, transport and dispose of municipal waste for persons other than one's self may be given only by the Borough through the issuance of a license. All applications for licensing shall be reviewed by the Borough Manager and shall be approved in accordance with the following:
(1) 
Municipal solid waste collection licenses may be issued only to 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 municipality reserves the right to disapprove any application for license.
(2) 
Applicants for a municipal solid waste collection license must furnish the following information:
(a) 
The number of vehicles, and the make, model, license plate number and size of the 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 be uniformly determined by the Borough Solicitor.
(e) 
Any other information which the Borough may request and deem necessary prior to the issuance of a license.
(3) 
Licenses shall be issued on a calendar year basis, but may be revoked at any time by the Borough for just cause.
(4) 
Fees for licenses shall be set by resolution of Borough Council[1] and the amount shall be provided to any applicant or other person upon request.
[1]
Editor's Note: See Ch. A285, Fees.
Any person transporting solid waste within the Borough shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.
A. 
All municipal waste produced, collected and transported from within the jurisdictional limits of the Borough shall be, to the extent permitted by law, disposed of at disposal facilities designated by the Borough and in accordance with any currently effective Solid Waste Management Plan of the Borough. In the absence of such designated facilities and/or such currently effective Solid Waste Management Plan of the Borough, the Borough reserves the right to designate a state-permitted facility of its choice or require that disposal be at a state-permitted facility of the authorized collector's choice.
B. 
If the Borough designated the disposal facilities as provided for above, all authorized collectors and other interested persons shall be informed by the Borough Manager 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 of from within the Borough.
C. 
This article shall govern all municipal waste including nonresidential and residential municipal waste excluded from collection by the Borough's collector.
[Amended 12-28-1987 by Ord. No. 925]
A. 
Nothing contained herein shall be deemed to prohibit any person 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. 
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 wastes.
C. 
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 wastes as defined by the Pennsylvania Solid Waste Management Act.
D. 
Residential units.
(1) 
The following residential units may be excluded for collection by the Borough's collector at the owner's option upon notification in writing to the Borough Manager:
(a) 
Buildings containing more than 10 residential units.
(b) 
Buildings containing less than 10 residential units where the same building contains one or more commercial units and where a special bulk container or containers is supplied for the use of both the commercial and residential units.
(2) 
Where a property owner elects to have the residential municipal waste excluded under the provisions of this section, the units will be removed from the Borough's collection effective January 1 of the collection year following the date of election by the property owner. Each year thereafter the property owner shall submit a signed copy of an agreement with a private authorized hauler to maintain the exclusion. The affected units will remain governed by § 220-7 for disposal.
E. 
It is the intent of this article to regulate and provide for the collection of municipal waste from residential units only. The collection of all municipal waste generated from nonresidential units including, but not limited to, commercial, industrial and institutional establishments shall not be governed by the provisions of this article with respect to collection. All other provisions including the licensing and regulating of haulers of nonresidential municipal waste, the storage and disposal of nonresidential municipal waste shall be regulated by this article.
F. 
Grass clippings, when used for composting, shall be excluded from the provisions of this article.
[Amended 12-28-1987 by Ord. No. 925]
A. 
The fees for the collection and disposal of municipal waste from all units collected under this article shall be as set by resolution of Borough Council,[1] per unit, provided that there be not more than an average accumulation of two twenty-gallon containers of municipal waste per unit per collection. Public notice of the fee schedule shall be made by the Borough Manager upon revision thereto and not less frequently than annually.
[1]
Editor's Note: See Ch. A285, Fees.
B. 
For purposes of billing, a single-family dwelling shall be billed as one unit, a double-family dwelling shall be billed as two units, apartment or multifamily dwellings shall be billed for as many units as the number of apartment or family units contained therein, and rooming/boarding houses shall be billed for the calculated number of residential units contained therein. The remaining uses listed in the definition of "residential units" shall each be billed as one unit. If there is a combination of any of the aforesaid residential units as defined, they shall be billed cumulatively.
C. 
Payment.
(1) 
All bills for the collection and disposal service provided under this article shall be rendered annually and shall thereupon be due and payable in accordance with the schedule set forth herein.
(2) 
The total annual bill shall be presented on January 1 of each year. The total annual bill shall be due and payable in three equal periodic installments, with the installments due on the last day of February, April and June, respectively. All accounts shall be considered delinquent if the installment is not paid by the due date for that installment, and accounts which are considered delinquent shall be subject to a penalty of 15% of the amount of the installment which is considered delinquent. If a delinquent account is not paid by July 1 of the year for which the bill is presented, the Borough Manager shall refer the account to the Borough Solicitor with instructions to proceed for the collection of such unpaid charges, together with all penalties thereon, by an action in assumpsit or, at the election of the Borough, in any other manner provided by law for the collection of a municipal claim.
(3) 
Any property owner may elect to pay the full annual bill in one installment by the last day of February. Any property owner who elects to so pay the annual bill shall be entitled to a discount equal to 5% of the current year's annual bill, which discount shall be deducted from the amount paid by the property owner. No property owner shall be entitled to the aforementioned discount if the total bill is not paid in full by the last day of February.
D. 
Senior citizens who qualify shall be entitled to a discount on the refuse bill for the unit in which they reside only, of an amount as set by resolution of Borough Council.[2] To qualify, senior citizens must:
(1) 
Be in excess of 62 years of age as of 1/1 of the year in which the discount is requested;
(2) 
Live alone or with a spouse only; senior citizens living with other family members shall not be eligible;
(3) 
Own the home in which they are residing;
(4) 
Meet income requirements as set by resolution of Council.
[2]
Editor's Note: The current resolution, containing the amount of the discount and income and eligibility requirements, is on file in the Borough offices. Said resolution may contain additional eligibility requirements.
A. 
Any person violating any of the provisions of this article or of any regulations made by Council or the Borough Manager under the provisions hereof shall, upon conviction by a District Justice, be subject to a fine of not less than $100 and not more than $300, together with the costs of prosecution and imprisonment in the Lehigh County jail for a period of not more than 30 days. Every violator of the provisions of this article shall be deemed guilty of a separate offense for each and every day such violation shall continue and shall be subject to the penalty imposed by this section for each and every such separate offense.
B. 
In addition to the foregoing penalty, the Borough 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 Borough 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. 
Any person found guilty of violating an ordinance shall be assessed court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings.
[Added 4-1-2013 by Ord. No. 1288]
A. 
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.
B. 
This article or any part thereof may be amended from time to time in accordance with the procedures established by law.
[Adopted 10-4-1993 by Ord. No. 1004 (Ch. VIII, Part 2, of the 1962 Code)]
A. 
Title. This article shall be known as the "Borough of Catasauqua 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.
(c) 
The masculine shall include the feminine and neuter.
C. 
Effective date. Mandatory recycling for all residential dwellings in the Borough of Catasauqua shall commence 30 days after the enactment of this article.
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
Any empty containers used for food or beverage, consisting entirely of aluminum.
BIMETALLIC CONTAINERS
Empty containers consisting of either steel only or steel and aluminum, which were used to contain either food or beverage or both.
BOROUGH
The Borough of Catasauqua, Lehigh County, Pennsylvania, including the Borough Council, Borough Manager, the Borough staff and others when duly authorized.
COATED PAPER
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.
COMMERCIAL ACTIVITY
All business, commercial, education, industrial, institutional or municipal establishments and community activities and all multifamily housing of 11 or more residential dwellings. If any commercial activity occurs in a residential establishment, the entire establishment shall be deemed a commercial property.
CORRUGATED PAPER
The fabricated or manufactured structural paper material with an inner core shaped in rigid parallel furrows and ridges, with one or more outer liners, often consisting of a material known as kraft paper.
CURBSIDE
The following location on the adjoining public street or road, and where the Borough usually picks up garbage:
A. 
On or just in back 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 reasonable safe proximity of the paved cartway.
C. 
As otherwise established by regulation of the Borough Manager, where the above locations are not clear or satisfactory.
CURBSIDE RECYCLING PROGRAM
The regularly scheduled Borough operation which provides labor, equipment and services to collect recyclable materials from the curbside of designated residential establishments within the Borough.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded are plate 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.
LEAD ACID BATTERIES
Includes, but is not limited to, automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and all other plants, garden residues, shrubbery, tree trimmings and similar material but not including grass clippings.
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 11 or more condominiums, apartments or other residential dwellings, regardless of the form of ownership, tenancy or other physical arrangement of the structure, which are owned under a single deed.
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 advertising inserts printed on coated paper which are often distributed or intermingled with newspapers.
PLASTIC BEVERAGE CARRIER
The plastic rings or similar plastic connectors used as holding devices in the packaging of beverages including, but not limited to, all carbonated beverages, liquors, wines, fruit juices, mineral waters, soda and beer.
PLASTIC CONTAINERS
Containers of all varieties, types and chemical compositions of plastic.
RECYCLABLE MATERIALS
Materials identified by the Borough to be recycled including, but not limited to, the materials listed in § 1501 of Act 101.[1]
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 or 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 Borough 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.
A. 
A single-family dwelling.
B. 
Each structure containing 10 or fewer dwelling units.
C. 
These definitions shall apply regardless of either the form of ownership or tenancy, or the physical arrangement of the structure. If any commercial activity occurs in a residential establishment, except for a home occupation or business office in the home for an off-premises business as provided for and approved by the Zoning Ordinance[2] and/or the Zoning Hearing Board, the entire establishment shall be deemed to be a commercial activity.
SOURCE SEPARATE
To separate recyclable materials from municipal solid waste for the purpose of recycling.
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 materials approved by the Department for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See Ch. 280, Zoning.
The following materials are hereby designated as "recyclable materials" within the Borough of Catasauqua:
A. 
Residential. For all residential establishments, including multifamily housing, as defined by this article:
(1) 
Clear glass.
(2) 
Brown or green glass.
(3) 
Aluminum cans.
(4) 
Bimetallic and steel cans.
(5) 
Newspaper.
(6) 
Leaf waste.
(7) 
Plastic containers of the varieties, types and chemical compositions as specified by the Borough Manager.
B. 
Commercial. For all other commercial activities, except multifamily housing, as defined in this article:
(1) 
Clear glass.
(2) 
Brown or green glass.
(3) 
Aluminum cans.
(4) 
Bimetallic and steel cans.
(5) 
Corrugated paper.
(6) 
High grade officer paper.
(7) 
Leaf waste.
(8) 
Newspaper.
A. 
Recyclable materials. Every person in the Borough of Catasauqua shall be required to separate each of the recyclable materials listed in § 220-14, Recyclable materials, of this article, in accordance with the use of property occupied by such person for the purpose of recycling, from all of the other municipal solid waste and other waste generated by that person. No person may dispose of recyclable materials with any other municipal solid waste or other waste.
B. 
Batteries. Lead acid batteries shall not be disposed of or included with any municipal solid waste or recyclable materials. Lead acid batteries shall be disposed only in accordance with § 1510 of Act 101 and otherwise prevailing commonwealth law and regulations.
C. 
Plastic beverage carriers. Plastic beverage carriers which are not degradable shall not be used, as required by § 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 of in accordance with all applicable federal, commonwealth, county and Borough laws, ordinances, rules, regulations, specifications, standards, orders, permits and licenses.
All persons owning, occupying or operating residential establishments within the Borough of Catasauqua shall comply with the following requirements:
A. 
Separation. Separate the recyclable materials and maintain the materials in the separated condition until collected by the Borough. 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 Borough, 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 Borough of Catasauqua recycling container or other containers authorized by the Borough, in accordance with regulations established by the Borough. Each residential establishment shall acquire and use a set of the official Borough of Catasauqua recycling containers for this purpose.
D. 
Placement and time. Each recyclable materials, in their proper recycling containers, shall be placed or set out at curbside, and empty recycling containers shall be removed from curbside on the scheduled day for collection, in accordance with the times and schedules established by the Borough.
One set of recycling containers shall be acquired by each residential establishment, except multifamily housing. The Borough shall have the power to require that each recycling container be identified with the residential establishment to which it is assigned.
A. 
Purchase fee amount. A purchase fee as set from time to time by resolution of Borough Council[1] per each recycling container (or for the official set of two containers) is hereby established, to provide for the replacement of each of the Borough's official recycling containers. The amount of the purchase fee shall be set and may be subsequently changed from time to time by resolution of Borough Council and shall be adequate in amount to reimburse the Borough for the cost of purchasing or replacement for any such container.[2]
[1]
Editor's Note: See Ch. A285, Fees.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Time of purchase and payment. The purchase fee shall be paid to the Borough for all official Borough of Catasauqua recycling containers which are supplied to the residential establishments after the effective date of this article.
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 containers supplied for the use of that establishment.
(2) 
If any official recycling container for a residential establishment is either lost, stolen or damaged, the owner, occupant or operator shall pay a replacement cost to the Borough for replacement in kind of the official recycling container, which shall be the same as the purchase fee amount, as otherwise specified in this section.
A. 
Duty to collect. The Borough shall collect and transport any designated recyclable materials which have been properly prepared, separated and placed at curbside in time for collection on the scheduled date or brought to a designated drop off center. The Borough shall have no obligation to collect any materials which do not conform to this article or regulations. Catasauqua shall collect all recyclable materials which are placed at curbside by each residential establishment, except multifamily housing, on at least one occasion per calendar month, in accordance with zones and schedules established by the Borough Manager.
B. 
Curbside recycling program. The Borough of Catasauqua shall collect recyclable materials designated for curbside collection which are placed at curbside by each residential establishment, except multifamily housing, on at least one occasion per calendar month. The Borough Manager shall establish zones, schedules and materials to be collected.
C. 
Drop off centers. The Borough may operate "drop off" centers at various locations within the Borough for the collection of recyclable materials as designated by § 220-14 of this article. The Borough shall establish the location, operating hours, recyclable materials accepted and other details of the operation of the drop off centers.
D. 
Leaf waste. The Borough of Catasauqua shall collect leaf waste during the months of October, November and December of each calendar year, weather permitting, in accordance with a schedule established by the Borough Manager.
E. 
Sale and marketing.
(1) 
Recyclable materials that are collected shall be recycled unless markets for them do not exist.
(2) 
The Borough shall transport, process, sell, market and dispose of all recyclable materials collected by the Borough in any manner that the Borough Manager sees fit, in his discretion, except that there shall be no cash transactions involving recyclable materials.
(3) 
The Borough Manager shall establish and keep necessary records and report at least annually to Borough Council the quantity, price, total amount and to whom the recyclable materials are sold, processed, marketed or disposed.
(4) 
The Borough shall accord consideration for the collection, marketing and disposition of recyclable materials to persons engaged in the business of recycling on the effective date of Act 101, whether or not the persons were operating for profit, as required by § 1501(f) of Act 101.
(5) 
Dealers that market the Borough's recyclable materials must provide written documentation that either said materials are recycled or that markets for those materials do not exist.
F. 
Borough organization. The Borough Manager shall establish an appropriate administrative organization and system for the collection, transportation, separation, processing, sale, marketing and disposition of recyclable materials in accordance with this article.
G. 
Contracting out. Nothing in this article shall prohibit the Borough from entering into agreements or contracts with any person or agency to collect, separate and/or market recyclable materials from within the Borough.
(1) 
Power. The Borough shall have the power to enter into contracts with other persons for the collection, transportation, separation, processing, sale, marketing or disposition of materials as required by Act 101 and this article.
(2) 
Allocation of functions. Any such contract shall state in writing which functions, rights and duties of the Borough under this article are to be performed by the contracting person and which functions, rights and duties are to remain with the Borough.
(3) 
Substitution and interpretation. To the extent that any contracting person takes the place of the Borough of Catasauqua in the performance of functions, rights and duties under this article, "Borough of Catasauqua" and "Borough" shall be deemed to mean that contracting person.
(4) 
Responsibility. A person who enters into a contract under this subsection shall be responsible with the Borough of Catasauqua for implementation of this article, to the extent of such contract.
All recyclable materials shall become property of and shall be owned by the Borough of Catasauqua, or its authorized agents or contractors when such materials are picked up from the curbside or delivered to the drop off center. Nothing in this article shall be deemed to impair the ownership of recyclable materials by the person who generated them before such pickup or delivery. Collections of recyclable materials by persons not authorized by the Borough is prohibited by Article I of this chapter, as the same may be amended.
All multifamily housing, as defined in this article, shall recycle all recyclable materials generated by either of the two following methods:
A. 
Contract. Contracting with a commercial solid waste hauler or otherwise providing for the recycling, as defined by Act 101, of all of the recyclable materials generated within that multifamily housing, in accordance with this article.
B. 
On-site system. Multifamily rental housing properties may establish a collection system for recyclable material at each property, as required by § 1501(c)(1)(ii) of Act 101, which collection system shall consist of the following:
(1) 
Suitable containers for collecting and sorting material.
(2) 
Easily accessible locations for the containers.
(3) 
Written instructions to the occupants concerning the use and availability of the collection.
(4) 
The Borough 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.
A. 
Recycling. Every person owning, occupying or operating a commercial activity, as defined by this article, within the Borough of Catasauqua shall comply with this article by separating and storing in enclosed building or closed container or as otherwise approved by the Borough, until collection for recycling, by contract with a commercial solid waste hauler or otherwise, all of the recyclable materials designated in § 220-14B of this article which are generated by that commercial activity.
B. 
Exemption report.
(1) 
Persons occupying business, commercial, education, industrial, institutional and municipal establishments shall be exempt from this article if those persons have, by contract with a commercial solid waste hauler or otherwise, provided for the recycling of the designated recyclable materials. Community activities may not be exempted.
(2) 
To be eligible for this exemption, a business, commercial, educational, industrial, institutional and municipal establishment must annually provide written documentation to the Borough of the total of tons recycled.
C. 
Compliance with hauler regulations. If a commercial solid waste hauler is contracted, engaged or hired for recycling, then the commercial activity shall comply with all regulations of the commercial solid waste hauler for recyclable materials with regard to the following:
(1) 
Separation.
(2) 
Preparation.
(3) 
Storage and placement in containers.
(4) 
Placement for pickup.
(5) 
Timing of placement and pickup.
D. 
Violation of these regulations shall be reported to the Borough and the persons owning, occupying or operating the commercial activity which commits a violation shall be subject to the penalties provided by this article.
Any commercial solid waste hauler contracted, engaged or hired for recycling in the Borough of Catasauqua shall comply with the following requirements:
A. 
Licensing. Every commercial solid waste hauler shall be licensed by the Borough of Catasauqua as required by Article I of this chapter.
B. 
Comply with laws. Every commercial solid waste hauler shall comply with this article, Act 101 and all other applicable laws and regulations.
C. 
Separation. Every commercial solid waste hauler shall keep the several types of recyclable materials which are designated for collection and collected separate from each other, unless the hauler can demonstrate in writing that a market exists for the commingled recyclable materials.
D. 
Recycling. Every commercial solid waste hauler shall either:
(1) 
Process and recycle all 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.
(3) 
Provide written proof that markets for those materials do not exist.
E. 
Quarterly reports. Every commercial solid waste hauler shall submit quarterly reports to the Borough. Reports shall be submitted within two months of the end of each quarter. Each report shall state for that quarter:
(1) 
The quantity of tons of each recyclable material collected by that hauler in the Borough of Catasauqua.
(2) 
The total quantity in tons of all garbage, trash and refuse collected by that hauler in the Borough of Catasauqua.
(3) 
To whom or where and how each recyclable material was sold or delivered for processing or recycling.
(4) 
Reporting noncompliance. Every commercial solid waste hauler shall report all instances of apparent noncompliance, with either this article or its regulations, to the Borough within 72 hours of becoming aware of that noncompliance.
A. 
Regulations. The Borough Manager shall have the power to establish regulations for the following parts of the Borough's recycling program, including any subsequent changes and amendments which shall become effective 30 days after public advertisement, provided that the Borough Council concurs with the proposed regulations by resolution:
(1) 
Plastic containers: varieties, types and chemical compositions to be collected for recycling, both in the Borough's curbside recycling program and at any drop off centers, or otherwise disposed in municipal solid waste.
(2) 
Designation of those materials to be collected at curbside.
(3) 
Separating, preparation of, placing and combining recyclable materials in the official Borough recycling bins.
(4) 
Exact locations for curbside pickup, where those locations are not established or otherwise unsatisfactory.
(5) 
Zones, routes and schedules for collection days.
(6) 
Times to set out and bring in the official Borough recycling bins.
(7) 
Drop off center locations, operating hours, materials accepted and other details.
B. 
Suspension.
(1) 
Less than 30 days. The Borough Manager shall have the power to alter or suspend any such regulation in the event of good cause shown or emergency including, but not limited to, snow storms and floods, without prior notice, for a period not longer than 30 days.
(2) 
Longer than 30 days. Any alteration or suspension existing longer than 30 days shall require the express concurrence of the Borough Council.
A. 
Notice. The Borough of Catasauqua shall notify the occupants of residential establishments and commercial, institutional and municipal establishments within the boundaries of the Borough, of the requirements of this article.
B. 
Timing. Notification shall occur at least 30 days prior to the initiation of the mandatory recycling program and at least once every six months thereafter.
C. 
Education programs. Education programs shall be furnished periodically or upon request through the schools and other organizations.
D. 
Other methods. The Borough Manager shall have the power to comply with the public information and education requirements of Act 101, as may be satisfactory and adequate in the circumstances.
Any person seeking to establish a recycling facility within the boundaries of the Borough of Catasauqua must first obtain all necessary approvals in accordance with the terms and conditions the Borough of Catasauqua Zoning Ordinance,[1] as subsequently amended from time to time, and must obtain all necessary approval and permits from any federal, state, county or local agency having jurisdiction.
[1]
Editor's Note: See Ch. 280, Zoning.
The Borough Manager shall be responsible for monitoring and enforcing compliance with this article and regulations.
A. 
Incentives.
(1) 
The Borough Manager shall have the power to establish incentives to promote compliance with this article, as may be appropriate from time to time. The Borough Manager shall report at least annually on the incentives which have been established and when and to whom those incentives have been granted.
(2) 
Procurement options. The Borough may utilize the provisions of Act 101, § 1507, "Procurement Procedures for Local Public Agencies," and § 1508, "Procurement Options for Local Public Agencies and Commonwealth Agencies," if the Borough elects to do so.
B. 
Administrative action and enforcement. For violations of this article by either the owners, occupants or operators of residential establishments, the Borough shall comply with the following administrative actions and enforcement procedures before commencing any action before the District Judges:
(1) 
Tagging. For the first two violations by the same person (owner, occupant and/or operator) within any consecutive twelve-month period, commencing on the date of the first violation and which shall be separate violations on different dates, any municipal solid waste or recyclable material which does not comply with the provisions of this article shall be left at curbside and shall be tagged with instructions on proper recycling. The address at which the violation occurs shall be recorded by the Borough.
(2) 
Letter. For the third separate violation on a different date within any consecutive twelve-month period, the owner, occupant or operator shall be notified by registered letter of the penalties for continued noncompliance with this article.
C. 
Enforcement before District Justice.
(1) 
Any commercial activity, as defined by this article; or commercial solid waste hauler; or any owner, occupant or operator of a residential establishment who has been previously subjected to all of the administrative action and enforcement procedures of this section within the twelve-month period as set forth above.
(2) 
Each day that a violation of this article continues shall be deemed to be a separate violation. Each violation shall be deemed to be a separate violation.
(3) 
Shall, upon conviction by a District Justice, be subject to a fine of not less than $100 and not more than $300, together with the costs of prosecution and imprisonment in the Lehigh Jail for a period of not more than 30 days. Every violator of the provisions of this article shall be deemed guilty of a separate offense for each and every day such violation shall continue and shall be subject to the penalty imposed by this section for each and every such separate offense.
(4) 
Any person found guilty of violating an ordinance shall be assessed court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings.
[Added 4-1-2013 by Ord. No. 1288]