Township of Upper Southampton, PA
Bucks County
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Table of Contents
Table of Contents
[Adopted 9-18-2007 by Ord. No. 386[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Recycling, adopted 10-4-1988 by Ord. No. 259, as amended.
The title of this article shall be the "Upper Southampton Township Recycling Ordinance," and the same may be cited in that manner.
A. 
The following words and phrases as used in this article shall have the meaning ascribed to them herein, unless the context clearly indicates a different meaning.
ACT 90
The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596, No. 90, June 29, 2002).[1]
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[2]
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[3]
ALUMINUM CONTAINERS
Empty all-aluminum beverage and food containers.
BIMETALLIC CONTAINERS
Empty food or beverage containers consisting of ferrous sides and bottoms and aluminum tops.
BULK WASTE
Large items of refuse, including, but not limited to, furniture, carpet, tires, and appliances, which require collection in other than conventional compactor refuse collection vehicles.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers and theaters.
COMMUNITY ACTIVITY
Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics, carnivals, and organized sporting events attended by 200 or more individuals per day.
CORRUGATED PAPER
Structural paper material with an inner core shaped in ridged parallel furrows and ridges.
CURBSIDE RECYCLING COLLECTION
The scheduled collection and transportation of recyclable materials placed at the curb or street line by persons residing at a residential property.
GLASS CONTAINERS
Bottles and jars made of clear, green, or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass, and porcelain and ceramic products.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or production activities, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in services, including, but not limited to, hospitals, nursing homes, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
LICENSED COLLECTOR or LICENSED WASTE HAULER
A person who has written authorization from the PADEP under Act 90 to collect, haul, transport and dispose of municipal waste.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products.
MULTIFAMILY HOUSING PROPERTY[4]
Property containing more than three dwelling units in one building and either (1) dwelling units within the building having common ownership, or (2) most dwelling units within the building are located above or below another dwelling unit regardless of ownership.
[Amended 2-2-2016 by Ord. No. 435]
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include any source-separated recyclable materials.
NEWSPRINT
Paper of the type commonly referred to as newspaper and distributed at fixed or varying intervals, having printed thereon news and/or opinions, containing advertisements and other matters of public interest; expressly excluded, however, are newsprint which has been soiled.
OFFICE PAPER
All white paper, bond paper, and computer paper used in commercial, industrial, institutional and municipal establishments.
PAPERBOARD
A thick paper-based material made of pressed paper pulp or pasted sheets of paper; may also be made from reclaimed paper stock. Commonly used for packaging (i.e., food boxes, gift boxes, pizza boxes) and posters. Also known as "chip board" or "pressed cardboard."
[Added 2-2-2016 by Ord. No. 435]
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment, or penalty or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PLASTIC
Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials specified by the Township for separate collection in accordance with recycling regulations. Such materials may include, but shall not be limited to glass containers, aluminum containers, steel containers, bimetallic containers, office paper, newsprint, corrugated paper, paperboard and plastics.
[Amended 2-2-2016 by Ord. No. 435]
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the generation of energy.
RESIDENTIAL PROPERTY
All properties used for residential purposes except multifamily housing properties. Dwelling units located within a building or on the same property with commercial, industrial and/or institutional uses shall not be treated or recognized as a residential property.
[Amended 2-2-2016 by Ord. No. 435]
SINGLE-STREAM RECYCLABLE MATERIALS
All newsprint, magazines, catalogs, junk mail, corrugated cardboard, paperboard, office paper, glass containers, aluminum containers, steel containers, bimetallic containers, and plastic mixed together in a recycling container.
[Added 9-6-2016 by Ord. No. 439]
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials, including leaf waste, that are separated from municipal waste at the point of origin or generation for the purpose of recycling.
STEEL CONTAINERS
Empty ferrous or "tin" food or beverage containers.
TOWNSHIP
The Township of Upper Southampton, Bucks County, Pennsylvania.
TOWNSHIP MANAGER
The duly appointed Township Manager of the Township of Upper Southampton, Bucks County, Pennsylvania.
YARD WASTE
Leaf waste as defined above and grass clippings.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[4]
NOTE: Gravel Hill Station, Steamboat Station and Belmont Station are excluded from this definition and are classified as "residential property" for the purposes of this article.
B. 
For the purpose of this article, the singular shall include the plural and the masculine shall include the feminine and neuter.
A. 
Upper Southampton Township, or an authorized person or persons under contract by the Township, shall collect, transport, process and dispose all source-separated recyclable materials generated at residential properties within the Township. In the event that the Township; or an authorized person or persons under contract by the Township, does not collect, transport, process or dispose all source-separated recyclable materials, then all persons owning or occupying residential properties shall contract directly with a licensed collector or licensed waste hauler for such services.
B. 
Separation of materials. All persons residing in a residential property shall separate recyclable materials from municipal waste. Recyclable materials shall mean those materials specified by the Township in accordance with recycling regulations. Such materials may include but shall not be limited to yard waste, glass containers, aluminum containers, bimetallic containers, steel containers, newsprint, corrugated paper, paperboard and plastic.
[Amended 2-2-2016 by Ord. No. 435]
C. 
Placement of containers. All containers used for recycling must be clearly identified as such. Recyclable materials shall be placed at the curb or street line, or at an area designated by the Township, separate from municipal waste for collection at such times and dates as may be hereinafter established by regulation. Recyclable materials must be placed in waterproof containers. Recyclable materials must be placed at least three feet from the municipal waste at the curb or street line, or at an area designated by the Township. Recyclable materials shall not exceed 50 pounds in weight.
[Amended 2-2-2016 by Ord. No. 435]
D. 
Times for placement and removal of containers. Recycling containers shall be stored on the owner's property and shall not be placed at the curb or street line, or at an area designated by the Township, for collection before 6:00 p.m. on the evening preceding a scheduled collection day. Empty containers shall be removed from the curb by 10:00 p.m. on the day of collection. Recycling containers shall not be kept at the curb or street line, or at an area designated by the Township, between scheduled collections, and they shall be stored on the owner's property in such location to be unseen from public streets or roads or from the front yards of immediate neighboring property.
A. 
All commercial, industrial, institutional, and municipal establishments and community activities shall separate recyclable materials from municipal waste.
B. 
All commercial, industrial, institutional, and municipal establishments shall recycle corrugated paper, office paper, and aluminum containers.
C. 
All community activities shall recycle aluminum containers, glass containers, bimetallic containers, steel containers, and plastic.
D. 
All persons owning commercial, industrial, institutional, or municipal establishments and all organizers of community activities shall establish, implement, and manage a program for the recycling of recyclable materials generated at their properties or community activities in accordance with the provisions of this article, any applicable municipal ordinance, the Revised County Plan, Act 90, Act 101, the minimum standards and requirements established in Chapter 285 of the PADEP Municipal Waste Management Regulations, any applicable Bucks County Department of Health regulations, and/or any other federal, state, or local regulations.
E. 
Frequency of collection. The recyclable materials for all commercial, industrial, institutional, and municipal establishments shall be collected as often as required by generated volumes and environmental conditions, but not less than once a month.
F. 
Reporting. All commercial, industrial, institutional, or municipal establishments are required to submit a recycling report at such time as the Township may deem appropriate, to the Township Manager on forms provided by the Township.
A. 
All persons residing at multifamily housing properties shall separate recyclable materials from municipal waste.
B. 
All persons residing in multifamily housing properties shall recycle those materials specified by the Township for separate collection in accordance with recycling regulations. Such recyclable materials may include but shall not be limited to yard waste, glass containers, aluminum containers, bimetallic containers, steel containers, newsprint, corrugated paper, paperboard and plastic.
[Amended 2-2-2016 by Ord. No. 435]
C. 
All persons owning or managing multifamily housing properties shall establish, implement, and manage a program for the recycling of recyclable materials generated at their properties in accordance with the provisions of this article, any applicable municipal ordinance, the Revised County Plan, Act 90, Act 101, the minimum standards and requirements established in Chapter 285 of the PADEP Municipal Waste Management Regulations, any applicable Bucks County Department of Health regulations, and/or any other federal, state, or local regulations.
D. 
The owner or manager shall inform all persons residing at the multifamily housing property of the program, including the dates, times, and location of collection, the items to be recycled, and the method of collection. Such information shall be provided by the owner to all persons not less than once per year and to all new persons at the time of occupancy.
E. 
Frequency of collection. The recyclable materials for all multifamily housing properties shall be collected as often as required by generated volumes and environmental conditions, but not less than once a month.
F. 
Reporting. All multifamily housing properties are required to submit a recycling report at such time as the Township may deem appropriate, to the Township Manager on forms provided by the Township.
All persons residing in a residential property shall separate yard waste from municipal waste for on-site mulching or on-site composting, or for disposal or processing at a composting facility in accordance with recycling regulations. All persons owning or managing multifamily residential properties, commercial, institutional, industrial and municipal establishments shall separate leaf waste from municipal waste for processing at a composting facility,
It shall be a violation of this article for any persons, unauthorized by the Township, to collect or pick up or cause to be collected or picked up any such recyclable materials at any property within the Township. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
Any person may donate or sell recyclable materials to individuals or organizations. These materials must be delivered to the site of such individual or organization.
The Township Manager, the Township Manager's designee, and sworn Upper Southampton Township police officers are hereby authorized and directed to enforce the Upper Southampton Township Recycling Ordinance.
The Upper Southampton Township Board of Supervisors may, by resolution, establish and promulgate regulations to administer and manage this article. These regulations may be amended, by resolution, from time to time by the Upper Southampton Township Board of Supervisors.
[Amended 6-19-2012 by Ord. No. 414]
Any violation of this article shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or to imprisonment for a term not to exceed 10 days. Each day that a violation of this article continues, or each section of this article which shall be found to have been violated, shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this article, or the failure to do any act or thing as to which any provision of this article creates an affirmative duty, shall constitute a violation of this article punishable as herein stated.
Upper Southampton Township may petition the Bucks County Court of Common Pleas for an injunction, either mandatory or prohibitive, in order to enforce any of the provisions of this article.