[HISTORY: Adopted by the Borough Council of the Borough of Pen Argyl 5-17-1976 by Ord. No. 380, approved 5-17-1976; amended in its entirety 12-21-1987 by Ord. No. 454, approved 12-21-1987. Subsequent amendments noted where applicable.]
The following words and phrases, when used in this chapter, 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.
- BILLING UNIT
- A room, group of rooms or enclosure located upon a residential property, as hereinafter defined, and used, intended to be used or available to be used as human habitation. The term shall not include a boardinghouse or hotel as those terms are defined in the Pen Argyl Zoning Ordinance (Chapter 108).[Amended 11-6-2012 by Ord. No. 669, approved 11-6-2012]
- The Borough of Pen Argyl, Northampton County, Pennsylvania.
- A person authorized to collect, transport and dispose of municipal waste from the Borough of Pen Argyl.
- COMMERCIAL PROPERTY
- Real estate upon which there is conducted a nonmanufacturing
or nonprocessing business, including but not limited to stores, markets,
office buildings, restaurants, shopping centers, theaters, boardinghouses
and hotels.[Amended 11-6-2012 by Ord. No. 669, approved 11-6-2012]
- 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 into 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.
- All animal and vegetable waste attending or resulting from the handling, dealing, storing, preparation, cooking and consumption of foods.
- INDUSTRIAL PROPERTY
- Any real estate upon which there is conducted manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries and the like.
- INSTITUTIONAL PROPERTY
- Any real estate upon which there is conducted 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.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial, lunchroom or office waste or other material, including solid, liquid, semisolid or contained gaseous material resulting from the operation of residential, municipal, commercial or institutional properties 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).
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency or any other legal entity whatsoever which is recognized by law as being subject to the rights and duties of a person.
- 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 one time per week.
- RESIDENTIAL PROPERTY
- One or more rooms with provision for cooking, living, sanitary
and sleeping facilities arranged for the use of one family and intended
for housing of that family for a period of time longer than 30 days.[Amended 11-6-2012 by Ord. No. 669, approved 11-6-2012]
- 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).
- 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 contamination of any municipal waste in excess of one year constitutes disposal.
- The off-site removal of any municipal waste from the Borough of Pen Argyl.
General. It shall be the duty of every owner of property where municipal waste is produced, at 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 following production and during the intervals between collection of such municipal waste as provided hereunder.
Storage on residential properties.
Containers. All municipal waste from residential property shall be placed in containers for collection by an authorized collector. The containers shall be durable, watertight and made of metal or plastic. Secured 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.
Location of containers. Each municipal waste container shall be located so as to be accessible to the collector at ground level and at a point on the curbline of the street or within no 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.
Storage on commercial, institutional and industrial properties.
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.
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 exists of public or private buildings.
Unauthorized collection and transportation. It shall be unlawful for any person, other than such persons as are duly authorized by the Borough of Pen Argyl, to collect and transport municipal or solid waste to, from or within the Borough of Pen Argyl. Authorization shall be given only as set forth below.
Licensing procedure. Authorization shall be given only by the Borough of Pen Argyl through the issuance of a license. All applications for a license shall be approved in accordance with the following:
Eligible persons. Municipal and solid waste collection licenses may be issued to only those persons who can provide satisfactory evidence that they are capable of providing the necessary services and can comply with the provisions and intent of this chapter. The Borough of Pen Argyl reserves the right to disapprove any application for a license.
Application procedure. Applicants for a municipal solid waste collection license must furnish the following information:
The make, model, license plate number and size of each vehicle to be used for collection and transportation.
The location, address and telephone number of the business office of the applicant.
A certificate of the applicant's workmen's compensation insurance as required by law.
A certificate of insurance coverage providing comprehensive, bodily injury and property damage liability insurance, the limits of which shall not be less than $100,000 per person and $300,000 per accident of bodily injury and $50,000 for property damage.
Any other information which the Borough of Pen Argyl may request and deem necessary prior to the issuance of a license.
Issuance. Licenses shall be issued on a calendar-year basis but may be revoked at any time by the Borough of Pen Argyl for failure to comply with the provisions of this chapter.
Fees. Fees for licenses shall be set by the Borough of Pen Argyl, and the amount thereof shall be provided to any applicant or other person upon request.
License and capacity. Each vehicle must prominently display the name and number of the licensee and the cubic-yard capacity of the vehicle's body.
Collection of refuse.
Municipal waste containers shall not remain on the curb for longer than 15 hours before a scheduled collection or longer than 15 hours after collection.
Collection of municipal waste shall be on a schedule as fixed by the Council of the Borough of Pen Argyl by resolution or by contract.
Collections shall not be made on Sunday.
Collections shall not be made prior to 5:00 a.m. nor after 5:00 p.m., except in a particular case involving emergencies or breakdowns.
No collector, except the contractor designated as hereinafter provided, shall collect municipal waste from any residential property. The prohibition contained in this section shall not apply to any person who shall transport his own municipal waste, having first provided a method of proper conveyance in accordance with this chapter, and provided that such person disposes of the municipal waste as hereinafter provided.
The contract for the exclusive right to collect municipal waste from residential properties in the Borough of Pen Argyl shall be awarded from time to time, for such a period of time as shall be determined by the Council of the Borough of Pen Argyl, to the lowest responsible bidder, following the procedures described by the Borough Code for the awarding contracts. Such exclusive contract shall fix and regulate, in a manner not inconsistent with the terms of this chapter, the collection of municipal waste from residential properties. The collector to whom such contract is awarded shall provide security to the Borough of Pen Argyl in accordance with the requirements of the Borough Code and the terms of this chapter.
Imposition of charges. There is hereby imposed upon and shall be collected from the owner of each residential property a charge for collection, whether or not municipal waste is collected from such residential property, which charge shall be payable and based on the schedules hereinafter set forth.
Amount and computation of charges. Charges are hereby imposed as follows:
[Amended 1-12-1989 by Ord. No. 462, approved 1-12-1989; 12-19-1989 by Ord. No. 471, approved 12-19-1989; 12-18-1990 by Ord. No. 483, approved 12-18-1990; 12-18-1991 by Ord. No. 492, approved 12-18-1991; 12-15-1992 by Ord. No. 498, approved 12-15-1992; 12-19-1996 by Ord. No. 525, approved 12-19-1996; 12-10-2002 by Ord. No. 585, approved 12-10-2002; 5-3-2011 by Ord. No. 659, approved 5-3-2011; 3-6-2012 by Ord. No. 667, approved 3-6-2012]
There is imposed a charge of $184.50 per annum for each billing unit located on a residential property.
The charge for collecting the municipal waste from a multi-billing-unit residential property is $184.50 per annum multiplied by the number of billing units located on the residential property.
Notwithstanding Subsection D(1) and (2) above, any household may pay a discounted rate of $150 per billing unit so long as payment is made prior to July 1 of each year. After July 1 of each year, the full charge of $184.50 per billing unit would be due and payable. After September 1 of each year, an additional per annum penalty of 10% will be calculated and charged per billing unit. As to any charges as aforementioned and calculated thereon which remain unpaid, the Borough of Pen Argyl shall have the power to collect such unpaid charges and penalties and interest (at the annual rate of 10%) in any manner provided by law, including but not limited to the filing of a municipal claim or an action at law.
There is hereby imposed upon the owner of multi-billing-unit residential property a duty to report annually to the Secretary of the Borough of Pen Argyl the number of units located on the property.
Notwithstanding the previous provisions of this Subsection D, all charges imposed by this section are hereby suspended for the calendar year 2020.
[Added 12-9-2014 by Ord. No. 684, approved 12-9-2014; amended 12-10-2015 by Ord. No. 688, approved 12-10-2015; 12-15-2016 by Ord. No. 692, approved 12-15-2016; 12-12-2017 by Ord. No. 695,approved 12-12-2017; 12-11-2018 by Ord. No. 700, approved 12-11-2018; 12-10-2019 by Ord. No. 705, approved 12-10-2019]
Editor's Note: This ordinance provided an effective date of 1-1-2020.
Any person transporting solid waste within the Borough of Pen Argyl shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.
Designated facilities. All municipal waste produced, collected and transported from within the jurisdictional limits of the Borough of Pen Argyl shall be, to the extent permitted by law, disposed of at disposal facilities designated by the Borough of Pen Argyl and in accordance with any currently effective solid waste management plan of the Borough of Pen Argyl. In the absence of such designated facilities and/or such currently effective solid waste management plan, municipal waste from the Borough of Pen Argyl must be disposed of at a state permitted disposal facility.
Notice to collectors. If the Borough of Pen Argyl 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 of.
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.
Farming activities. Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming operation, including composting and spreading of manure or other farm-produced agricultural waste.
Hazardous and residual waste. The provisions of this chapter 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.
Editor's Note: See 35 P.S. § 6018.101 et seq.
Any person violating any of the provisions of this chapter shall, upon conviction in a summary proceeding before a District Magistrate, be sentenced to pay a fine of not more than $300 and costs of prosecution, and in default of payment of such fine and costs, to imprisonment in the county jail for not more than 30 days.
In addition to the foregoing penalty, the Borough of Pen Argyl may require the owner or occupant of a property to remove any accumulation of municipal waste; and should said person fail to remove such municipal waste after 10 days following written notice, the Borough of Pen Argyl may cause the 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.
Abatement. The imposition of the penalties herein prescribed shall not preclude the Borough of Pen Argyl from instituting appropriate actions or proceedings to prevent the violation of this chapter; to restrain, correct or abate any such violation; or to prevent any act, conduct, business or activity constituting a violation.