[Adopted 6-16-1986 by Ord. No. 216-A]
This ordinance shall be known as the "Palmer
Township Municipal Solid Waste Ordinance."
The following words and phrases when used in
this ordinance shall have, unless the context clearly indicates otherwise,
the meanings given to them in this section:
A person desirous of being authorized as a collector.
A person authorized to collect, transport and dispose of
municipal waste from Palmer Township.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
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.
Any site, facility, location, area or premises to be used
for the disposal of municipal waste.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparation, cooking and consumption
of foods.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries and the like.
Any establishment engaged in service to persons, including
but not limited to hospitals, nursing homes, orphanages, schools and
universities.
The entire process, or any part thereof, of storage, collection,
transportation, processing, treatment and disposal of municipal waste
by any person engaging in such process.
Any garbage, refuse, industrial, lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air pollution control facility
(Pennsylvania Solid Waste Management Act 97, Section 103).
[1]Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency, or any other legal entity whatsoever
which is recognized by law as being subject to the rights and duties
of a "person."
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.
The collective term applying to all garbage, rubbish, ashes,
leaves and grass trimmings from residential, municipal, commercial
or institutional premises.
At least three or more times per month.
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).
[2]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.
Palmer Township, Northampton County, Pennsylvania.
The off-site removal of any municipal waste generated or
present at any time from the Township of Palmer.
A.
Storage of municipal waste. It shall be the duty of
every owner of property and every person occupying any dwelling unit,
premises or place of business within the Township where municipal
waste is produced an is accumulated, by his own expense and cost,
to provide and keep at all times a sufficient number of containers
to hold all municipal waste which may accumulate during the intervals
between collection of such municipal waste by an authorized collector.
B.
Storage on residential properties.
(1)
Containers. All municipal waste accumulated by owners
of each residential property and/or the occupants of residential properties
shall be placed in containers for collection by an authorized collector.
The containers shall be durable, watertight and made of metal or plastic.
Securely tied plastic bags may be used in cases where such bags can
be used without being torn open by domestic or wild animals. The size
of each such container shall not exceed a thirty-gallon capacity.
However, large containers designed for use with special hoisting equipment
may be used if the collector serving the residence uses collection
vehicles with such special hoisting equipment.
(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 of the curbline 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.
(3)
Time of collection. All such containers shall be placed
for collection by the person no earlier than 24 hours before the regular
collection day.
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
that containers larger than 30 gallons may be used, where needed,
to accommodate larger volumes of municipal wastes. Such containers
shall be kept in good working order.
(2)
Location of containers. Containers for collection
at commercial, institutional and industrial properties shall be located
on such premises at a place which shall not interfere with public
or private sidewalks, driveways, roads, streets, highways or entrances
and exits of public or private buildings.
A.
Unauthorized collection and transportation. It shall
be unlawful for any person, other than such persons as are duly, authorized
by the Township, to collect and transport solid waste of any nature
as a regular hauling business within or from the Township. Authorization
shall be given only as set forth below.
B.
Licensing procedure. Authorization to collect, transport
and dispose of municipal waste for persons other than oneself may
be given only by the Township through the issuance of a license. Any
collector licensed by the Township for the collection of municipal
waste shall provide curbside recycling services to its residential
customers (if any) within the Township. All licensed collectors shall
report recycling information to the Township as required by the Recycling
Ordinance (Ordinance No. 236, as amended[1]). Failure to comply with the requirements of the Recycling
Ordinance (above) or its regulations may result in the revocation
or disapproval of a license or a license application. Decisions in
this regard shall be made at the sole discretion of the Palmer Township
Board of Supervisors, upon recommendation made by the Township Recycling
Coordinator. All applications for licensing shall be approved in accordance
with the existing conditions as set forth in this chapter.
[Amended 4-19-1993 by Ord. No. 251[2]]
[2]
Editor's Note: Section 4 of this ordinance
also provided as follows: "It shall be the duty, as prescribed by
this ordinance, of each commercial, professional, industrial and residential
landlord to notify each of their tenants of the provisions of this
ordinance, of the above-referenced Ordinance No. 216-A, of the above-referenced
Ordinance No. 236 and the regulations adopted pursuant thereto, as
amended, and to oversee and assure compliance by such tenants with
such provisions."
Any person transporting solid waste within the
Township shall prevent or remedy any spillage from vehicles or containers
used in the transport of such solid waste.
A.
Designated facilities. All municipal waste produced,
collected and transported from within the jurisdictional limits of
the Township shall be, to the extent permitted by law, disposed of
at disposal facilities designated by the Township and in accordance
with any currently effective solid waste management plan of the Township.
In the absence of such designated facilities and/or such currently
effective solid waste management plan, municipal waste from the Township
must be disposed of at a state-permitted facility.
B.
Notice to collectors. If the Township designates the
disposal facilities as provided for above, all authorized collectors
and other interested persons shall be informed of the location and
other information pertaining to the designated disposal facilities
to be used for the disposal of municipal waste collected, transported,
removed and disposed.
A.
Individuals not engaged in collection. Nothing contained
herein shall be deemed to prohibit any residential property occupant
not regularly engaged in the business of collecting municipal waste
from hauling his own municipal waste, on an irregular and unscheduled
basis, to a state-permitted disposal facility.
B.
Farming activities. Nothing contained herein shall
prohibit a farmer from carrying out the normal activities of his farming
operation, including composting and the spreading of manure or other
farm-produced agricultural waste, subject to the existing rules and
regulations of the Township.
C.
Hazardous and residual waste. The provisions of this
ordinance do not apply to anything but the storage, collection, transportation
and disposal of municipal waste and do not apply, therefore, to hazardous
or residual waste as defined by the Pennsylvania Solid Waste Management
Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
A.
Penalties. Any person violating any of the provisions
of this ordinance shall be prosecuted in the manner provided by law
before a District Magistrate and, upon conviction of such violation,
shall be subject to a fine not in excess of the sum of $300, together
with the cost of prosecution. Each day on which such a violation or
violations occurs and each day on which such violation or violations
continue to occur shall be considered as a separate offense for each
and every day of such violation. Upon failure of the person so convicted
to pay the fines so imposed, confinement shall be ordered in the Northampton
County Prison for a period of not less than three days nor not in
excess of 30 days. All portions of the fines to the Township for violation
of the Palmer Township Solid Waste Management Ordinance or the Palmer
Township Recycling Ordinance[1] and/or regulations applicable shall be paid to the Township
of Palmer and shall be earmarked to be spent on the administrative
costs of the Palmer Township Solid Waste Management Program and the
Palmer Township Recycling Program.
[Amended 4-19-1993 by Ord. No. 251[2]]
[2]
Editor's Note: Section 4 of this ordinance
also provided as follows: "It shall be the duty, as prescribed by
this ordinance, of each commercial, professional, industrial and residential
landlord to notify each of their tenants of the provisions of this
ordinance, of the above-referenced Ordinance No. 216-A, of the above-referenced
Ordinance No. 236 and the regulations adopted pursuant thereto, as
amended, and to oversee and assure compliance by such tenants with
such provisions."
B.
Additional remedies. In addition to the foregoing
penalty, the Township may require the owner or occupant of a property
to remove any accumulation of solid waste, and, should said person
fail to remove such solid waste after 10 days following written notice,
the Township may cause the solid waste to be collected and disposed
of, with the costs for such actions to be charged to the owner or
occupant of the property in a manner provided by law.
C.
Abatement. The imposition of the penalties herein
prescribed shall not preclude the Township from instituting appropriate
actions or proceedings to prevent the violation of this ordinance,
to restrain, correct or abate any such violation or to prevent any
act, conduct, business or activity constituting a violation.
A.
Severability. Should any section, paragraph, sentence,
clause or phrase of this ordinance be declared unconstitutional or
invalid for any reason, the remainder of this ordinance shall not
be affected thereby.
B.
Effect of additional regulations. This ordinance 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 Resources, Commonwealth of
Pennsylvania.
C.
Effective date. This ordinance shall become effective
on the 16th day of June 1986.
