[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.
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.
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.
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.
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.
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.
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).[1]
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.
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]
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 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.
A.Â
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.
B.Â
Storage on residential properties.
(1)Â
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.
(2)Â
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.
C.Â
Storage on commercial, institutional and industrial
properties.
(1)Â
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)Â
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.
A.Â
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.
B.Â
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:
(1)Â
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.
(2)Â
Application procedure. Applicants for a municipal
solid waste collection license must furnish the following information:
(a)Â
The make, model, license plate number and size
of each vehicle to be used for collection and transportation.
(b)Â
The location, address and telephone number of
the business office of the applicant.
(c)Â
A certificate of the applicant's workmen's compensation
insurance as required by law.
(d)Â
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.
(e)Â
Any other information which the Borough of Pen
Argyl may request and deem necessary prior to the issuance of a license.
(3)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
Collection of refuse.
(a)Â
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.
(b)Â
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.
(c)Â
Collections shall not be made on Sunday.
(d)Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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]
(1)Â
There is imposed a charge of $184.50 per annum for
each billing unit located on a residential property.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
Notwithstanding the previous provisions of this Subsection D, all charges imposed by this section are hereby suspended for the calendar year 2022.
[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; 12-10-2020 by Ord. No. 712, approved 12-10-2020; 12-15-2021 by Ord. No. 717, approved 12-15-2021[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2022.
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.
A.Â
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.
B.Â
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.
A.Â
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.Â
Farming activities. Nothing contained herein shall
prohibit a farmer from carrying out the normal activities of his farming
operation, including composting and spreading of manure or other farm-produced
agricultural waste.
C.Â
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.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
A.Â
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.
B.Â
Additional remedies.
(1)Â
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.
(2)Â
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.
