This chapter shall be known and cited as the
"Township of Whitehall Municipal Waste Management, Collection, Removal
and Recycling Ordinance."
The following words and phrases, when used in
this chapter shall have the meanings indicated hereinbelow, except
where the context clearly indicates or expressly requires a different
meaning.
Any cartway or roadway available to the public which provides
access between a publicly-owned roadway and the entrance to a site
or facility.
Empty container(s) used for food or beverage or both and
consisting entirely of aluminum.
A commercial solid waste hauler who desires to secure a municipal waste collection license pursuant to Article III of this chapter, a person who desires to secure a recycled waste transportation license pursuant to Article IV or a person who desires to secure a permit for a site or facility pursuant to Article II of this chapter.
All residue or cinders resulting from the burning of coal,
wood or any other combustible material.
Empty container(s) used for food or beverage or both and
consisting of either steel or steel and aluminum.
Any paper, including the advertising inserts which are intermingled
or distributed with newspapers 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.
A person to whom a license has been issued authorizing the
collection, transportation and disposal of municipal waste and/or
recyclable materials from the Township of Whitehall. For the purposes
of this chapter the word "collector" shall include the collector's
employees, agents and principals.
All commercial, educational, industrial, institutional or municipal establishments, community activities and commercial multifamily housing. The phrase "commercial activity" shall not include home occupations which are registered with the Township pursuant to the Whitehall Township Zoning Ordinance (Chapter 27).
Any establishment engaged in a nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
A structure or building which is designed or used for four
or more residential dwellings.
A person engaged in the activity of hauling or otherwise
transporting solid waste.
Events sponsored in whole or in part by the Township or conducted
within the Township and sponsored privately, which include, but are
not limited to, fairs, bazaars, socials, picnics and organized sporting
event that will be attended by 200 or more individuals per day.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
A facility using land for processing of municipal waste by
composting. The term includes land thereby affected during the lifetime
of the operations including, but not limited to, areas where composting
actually occurs, support facilities, borrow areas, offices, equipment
sheds, air and water pollution control and treatment systems, access
roads, associated on site or contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a facility for composting residential
municipal waste that is located at the site where the waste was generated.
A portable device in which waste is held for storage or transportation.
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.
The following locations on adjoining public streets or roads
from which the Township shall collect garbage:
For those streets and roads which have curbs,
within 10 feet of the curb or curbline or at the edge of the cartway.
For those streets and roads which do not have
curbs, within reasonable safe proximity of the paved cartway, but
no further than 10 feet from the public street or alley right-of-way.
The container issued or approved by the Township for the
purpose of collecting, storing and placing recyclable materials at
the curbside for collection by the Township.
The regularly scheduled Township operation which provides
labor, equipment and services to collect recyclable materials from
the curbside of residential dwellings within the Township.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid 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.
The community trash container(s) used by residents of commercial
multifamily housing and provided by the landlord, owner or manager
of the facility.
Land, structures and other appurtenances or improvements
where municipal waste disposal or processing is permitted or takes
place.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparation, cooking and consumption
of foods.
Bottles and jars made of clear, green or brown glass, excluding
plate glass, automotive glass, blue glass and porcelain and ceramic
products.
Water below the land surface in a zone of saturation.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining or agricultural
operations and from community activities, or any combination of the
above, which because of its quantity, quality, concentration or physical,
chemical or infectious characteristics may cause or significantly
contribute to an increase in mortality in either an individual or
the total population, or an increase in serious irreversible or incapacitating
reversible illness; or pose a substantial present or future threat
or potential hazard to human health or the environment when improperly
treated, stored, transported or disposed of or otherwise managed.
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, excluding newspapers, magazines,
corrugated paper or any coated paper.
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service including, but not limited
to, hospitals, nursing homes, orphanages, schools and universities.
Any police officer or auxiliary police officer, whether employed
by the Township or the Commonwealth of Pennsylvania or a Code Enforcement
Officer of the Township.
Batteries which contain lead including, but not limited to,
automotive, truck and industrial batteries.
Leaves from trees, bushes and all other plants, garden residues,
shrubbery, tree trimming and similar material, excluding grass clippings.
A license to a person issued pursuant to the terms, conditions
and provision of this chapter to collect, transport and dispose of
municipal waste or recyclable materials.
Printed matter on coated paper containing miscellaneous written
pieces published at fixed or varying intervals, and also known as
periodicals, including telephone directories, but expressly excluding
newspaper and all other paper products of any nature whatsoever.
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.
The duly elected Mayor of the Township and/or the Mayor's
duly appointed designee.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
Any structure or building which is designed or used fro more
than one, but less than four residential dwellings, regardless of
the form of ownership, tenancy or the physical arrangement of the
structure or building.
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the 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. For the purpose of Article IV, inclusive, the term "municipal waste" shall include source separated recyclable materials.
A facility using land for disposing of municipal waste. The
facility includes land affected during the lifetime of operations
including, but not limited to, areas where disposal or processing
activities actually occur, support facilities, borrow areas, offices,
equipment sheds, air and water pollution control and treatment systems,
access roads, associated onsite and contiguous collection, transportation
and storage facilities, closure and postclosure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a construction/demolition waste
landfill or a facility for the land application of sewage sludge.
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 excluding
however, advertising inserts printed on coated paper which are often
distributed or intermingled with newspapers.
A permit issued to a person pursuant to terms, conditions
and provisions of this chapter to construct, establish, operate or
maintain a municipal waste storage, treatment processing or disposal
site or facility or a recycling facility.
Any individual, corporation, association, partnership, trust,
firm, joint stock company, organization, institution, cooperative
enterprise, commission, municipal authority, governmental body or
agency or any other legal entity whatsoever which is recognized by
law as the subject of rights and duties. In a provision of this chapter
prescribing a fine, imprisonment or penalty, or any combination of
the foregoing, the term "person" shall include officers and directors
of a corporation or other legal entity having officers and directors.
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.
Container(s) of any variety, type and chemical composition
of plastic.
Any technology, methods or means used for the purpose of
reducing the volume or bulk of solid waste or any technology used
to convert part of or all of such waste materials for offsite or onsite
reuse.
Property owned or leased by the Township, the County of Lehigh,
the Commonwealth of Pennsylvania or the federal government.
Material identified by the Township to be recycled including,
but not limited to, those materials listed in § 1501 of
Act 101 found at 53 P.S. § 4000.1501.
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. For purpose of this chapter,
the term "recycling facility" shall not include transfer stations,
landfills for solid waste, composting facilities or resource recovery
facilities.
All scrap or waste materials of cloth, paper, fabrics, glass,
china, wood or metal, prunings from vines and trees, leaves, lawn
trimmings, grass, as well as rubbish composted of stone, sand, clay,
concrete, brick or tile from any residential, municipal, commercial
or institutional establishment.
At least three or more times per month.
Any rule(s), standard(s), specification(s), order(s), license(s),
permit(s), interpretation(s), schedule(s), zone(s), route(s) and waiver(s)
established from time to time by the Township pursuant to the authority
of this chapter. For purposes of this chapter, any regulations adopted
pursuant to the provisions of this chapter shall be deemed to be a
part of this chapter and are included by reference as if set forth
herein in full.
A structure or building, or part thereof, constructed, developed,
proposed and available for or used as an independent living facility
for one or more persons, regardless of the relationship between such
persons. For purposes of this chapter, a residential dwelling shall
be intended or designed to be occupied as a residence and shall have
at a minimum: permanent provisions for living, sleeping, eating, cooking
and sanitation and no connecting doorways with another residential
dwelling or common doors except for entrances and exists to the exterior
of the building, structure or part thereof.
Any garbage, refuse, other discarded material or other waste
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
water supply treatment facility, wastewater treatment facility or
air pollution control facility, provided that it is not hazardous.
The act or practice of removing, taking, scattering or disturbing
recyclable materials which have been collected and assembled in containers,
whether stored on private or public property or placed at the curbside
for collection.
A line across the front, side or rear of any private or public
property the establishment of which prohibits the subsequent erection
of any building, fence or other obstruction in the area between such
lines and the property line, except as otherwise provided in this
chapter.
The area where municipal waste processing or disposal facilities
are operated. If the operator has a permit to conduct the activities,
and is operating within the boundaries of the permit, the site is
equivalent to the permit area.
Any waste including, but not limited to, municipal, residual
or hazardous waste, including solid, liquid, semisolid or contained
gaseous materials.
Material that is separated from municipal waste at the point
or origin for the purpose of recycling.
The containment of waste on a temporary basis in such a manner
as not to constitute disposal of such waste. It shall be presumed
that the containment of waste in excess of one year constitutes disposal
rather than storage. This presumption can be overcome by clear and
convincing evidence to the contrary.
Whitehall Township, a Home Rule Charter Township of the First
Class, located in Lehigh County, Pennsylvania, including the Board
of Commissioners, the Mayor, the Township staff and others when duly
authorized.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
The offsite removal of any municipal waste generated or present
at any time from any property situate within the Township.
A method, technique or process, including neutralization,
designed to change the physical, chemical or biological character
or composition of any waste so as to neutralize such waste or so as
to render such waste nonhazardous, suitable for recovery, suitable
for storage or reduced in volume. For purposes of this chapter, the
term "treatment" shall include activity or processing designed to
change the physical form or chemical composition of waste so as to
render it neutral or nonhazardous.
A material, the original purpose of which has been completed
and which is directed to a disposal or processing facility or is otherwise
disposed of, whether municipal, residual or hazardous waste, or otherwise,
excluding source separated recyclable materials or material approved
by the Pennsylvania Department of Environmental Protection for beneficial
use.
[Amended 8-8-2005 by Ord. No. 2578]
