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Township of Whitehall, PA
Lehigh County
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The following materials are hereby designated as "recyclable materials" within the Township:
A. 
For all residential dwellings, including multifamily housing, as defined in this chapter:
(1) 
Clear glass.
(2) 
Brown and green glass.
(3) 
Aluminum cans.
(4) 
Bimetallic cans.
(5) 
Newspapers.
(6) 
Leaf waste.
(7) 
Plastic containers of the varieties, types and chemical compositions as specified by the Mayor.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(8) 
Magazines.
(9) 
Junk mail/paper mix.
(10) 
Paper board (cereal boxes, etc.).
(11) 
Telephone books.
B. 
For all commercial activities, other than commercial multifamily housing, as defined in this chapter:
(1) 
Clear glass.
(2) 
Brown and green glass.
(3) 
Aluminum cans.
(4) 
Bimetallic cans.
(5) 
Corrugated paper.
(6) 
High grade office paper.
(7) 
Leaf waste.
A. 
The Township, or the Township collector, shall collect and dispose of all recyclable materials from residential dwellings, other than commercial multifamily housing, which are placed at curbside at least one occasion per calendar month, in accordance with zones and schedules established by the Township, and the owners, occupants or operators of every such residential dwelling within the Township shall be required to pay the fee established pursuant to this chapter therefor. The obligation for payment shall remain in force and shall be effective whether or not the residential dwelling is occupied or the owners or occupants of the residential dwelling choose to utilize any collection and disposal service provided by the Township.
B. 
The Township, or Township collector, shall collect and dispose of all recyclable materials which have been properly prepared, separated and placed at curbside in time for collection on the scheduled collection day. The Township, or the Township's collector, shall have no obligation to collect any materials which are not recyclable materials.
C. 
The Township, or the Township collector, may establish and maintain "drop-off" centers at various locations within the Township for the collection of recyclable materials. The Township shall establish the locations, operating hours, recyclable materials accepted and other details of the operation of the drop-off centers.
D. 
The Township, or the Township collector, shall collect leaf waste during the months of October, November and December of each calendar year.
E. 
Recyclable materials that are collected by the Township shall be recycled unless markets for such materials do not exist. The Township shall:
(1) 
Transport, process, sell, market and dispose of all recyclable materials collected by the Township in any manner that the Mayor deems appropriate, except that there shall be no cash transaction involving recyclable materials.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(2) 
Require the Mayor to establish and keep necessary records and to issue a report, at least annually, to the Board of Commissioners regarding the quantity price, total amount, to whom the recyclable materials are sold, processed, marketed or where the recyclable materials have been disposed.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(3) 
Accord consideration for the collection, marketing and disposition of recyclable materials to person engaged in the business of recycling on the effective date of Act 101, whether or not the persons were operating for profit, as required by § 1501(f) of Act 101, 53 P.S. § 4000.1501(f).
(4) 
Require dealers that market the Township's recyclable materials to provide written documentation that either said materials are recycled or that markets for those materials do not exist.
F. 
The Mayor shall establish an appropriate administrative organization and system for the collection transportation, separation, processing, sale, marketing and disposition of recyclable materials in accordance with this article of this chapter.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
All recyclable materials shall become the property of and shall be owned by the Township or Township collector when such materials are collected at curbside or delivered to the drop-off center. Nothing contained herein shall be deemed to impair the ownership of recyclable materials by the person who generated them prior to such pickup or delivery. Collection of recyclable materials by persons not authorized by the Township is prohibited.
A. 
Every person in the Township shall be required to separate each of the recyclable materials listed in § 20-18 for the purpose of recycling, from all of the other municipal waste and other waste generated by that person. No person may dispose of such recyclable materials with any other municipal waste or other waste.
B. 
Lead acid batteries shall not be disposed of or be included as municipal waste or recyclable materials. Lead acid batteries shall be disposed of only in accordance with § 1510 of Act 101 found at 53 P.S. § 4000.1510 and otherwise prevailing Commonwealth law and regulations.
C. 
Plastic beverage containers, which are not degradable, shall not be used as required by § 1701(c) of Act 101 found at 53 P.S. § 4000.1701(c).
A. 
Acquisition, purchase, identity, purpose.
(1) 
Recycling containers shall be purchased by the owner, occupant or operator of each residential dwelling, other than commercial multifamily housing, from the Township for $15 and shall become the property of such owner, occupant or operator.
(2) 
The owners, occupants or operators of each residential dwelling, other than commercial multifamily housing, may purchase additional recycling containers from the Township at the discretion of the Township.
(3) 
The Township shall have the power to require that each recycling container be marked to identify the address or location of the residential dwelling at which it is used.
(4) 
Recycling containers shall not be used for any purpose other than recycling.
B. 
Loss, theft or damage.
(1) 
The owner, occupant and operator of each residential dwelling, other than commercial multifamily housing, is responsible for and shall bear the risk of less, theft or damage to the owner's, occupant's or operator's recycling containers.
(2) 
If a recycling container is lost, stolen or damaged, the owner, occupant or operator shall purchase a replacement container from the Township.
All persons owning, occupying or operating residential dwellings, other than commercial multifamily housing, within the Township shall:
A. 
Prior to collection, cause the recyclable materials to be separated and maintained in the separated condition until collection by the Township which separation shall occur prior to the time the materials are placed at curbside for collection.
B. 
Prior to collection, cause the recyclable materials to be prepared for recycling in accordance with the regulations for each respective material as established by the Township.
C. 
Cause recyclable materials to be placed in the separate official Township recycling containers or other containers authorized by the Township, in accordance with regulations promulgated pursuant thereto.
D. 
Acquire and use an official Township recycling container for the purposes set forth herein.
E. 
Place recyclable materials at curbside, and remove empty recycling containers from curbside, on the scheduled day of collection, in accordance with the regulations established by the Township.
A. 
The owner, occupant or operator of any commercial multifamily housing shall provide for the recycling of all recyclable materials which are generated by such commercial multifamily housing, by:
(1) 
Securing a contract with a collector.
(2) 
Establishing a collection system for recyclable materials at each property, which collection system shall provide:
(a) 
Suitable containers for the collection and sorting of recyclable materials.
(b) 
Easily accessible locations for the recyclable materials containers.
(c) 
Written instructions to the occupants concerning the use and availability of the recyclable materials collection system.
B. 
The Township may establish regulations defining compliance with the collection system requirements provided in Subsection A.
C. 
Owners and operators of commercial multifamily housing who comply with Subsection D shall not be liable for the noncompliance by the occupants of their buildings.
D. 
Owners and operators of commercial multifamily housing shall provide education to occupants at least every six months in the form of meetings, posters in the trash area or on bulletin boards, or written notices provided to occupants, instructing them in the use of the recycling containers and designating the locations where specified recyclable materials shall be placed for collection. In addition, the owner or operator shall provide confirmation of oral instruction or a copy of any written material given to tenants to document compliance with these requirements.
A. 
Every person owning, occupying or operating a commercial activity, other than commercial multifamily housing, within the Township shall comply with this article of this chapter by separating and storing in an enclosed building or closed container, or as otherwise approved by the Township, until collection for recycling, by contract with a collector, all recyclable materials which are generated by that commercial activity.
B. 
Persons owning, occupying or generating commercial institutional and municipal establishments shall be exempt from this article of this chapter provided such persons have otherwise provided for the recycling of the recyclable materials; and, provided, further that an annually provide written document is provided to the Township of the total number of tons recycled materials and the total amount of municipal waste, in tons, to determine the percentage reduction in the municipal waste stream. Community activities shall not be exempt from this article of this chapter.
C. 
Compliance with regulations.
(1) 
If a person is contracted, engaged or hired for recycling in a commercial activity, the commercial activity shall comply with all regulations regarding:
(a) 
Separation.
(b) 
Preparation.
(c) 
Storage and place in containers.
(d) 
Placement for pickup.
(e) 
Timing of place and pickup.
(2) 
Provided however that to avoid contamination, in no event shall any solid waste be mixed with any recyclable material, and further provided that all cans and glass containers, paper and cardboard shall be kept separated from each other, unless prior written approval is obtained from the Township.
Any collector contracted, engaged or hired for recycling in the Township shall:
A. 
Be licensed by the Township as provided by this chapter.
B. 
Comply with this chapter, Act 101 and all other applicable laws and regulations.
C. 
To avoid contamination, keep each of the several types of recyclable materials which are designed for collection and collected separate from each other, unless the collector can demonstrate to the satisfaction of the Mayor, in writing, that a market exists for the commingled recyclable materials and prior written approval is obtained from the Mayor to engage in such activity. In no event shall any solid waste be mixed with any recyclable material.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
D. 
Ensure that one of the following occurs:
(1) 
Process and recycle all of the recyclable materials.
(2) 
Transport, process, market, sell or deliver all of the recyclable materials to dealers in those materials and document such delivery in writing.
(3) 
Provide written proof that markets for those materials do not exist.
E. 
Submit an annual report to the Township Recycling Coordinator or such other person as may be designated by the Mayor to receive such reports no later than January 31 of each year reporting for the previous calendar year. Each report shall state for that year:
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(1) 
The quantity in tons of each recyclable material collected by that collector from properties situate within the Township.
(2) 
The total quantity in tons of all garbage, trash, and refuse collected by that collector from properties within the Township.
(3) 
From whom and to whom, where and how each recyclable material was sold or delivered for processing or recycling.
F. 
Report all instances of apparent noncompliance with either this article or its own regulations of the Mayor within 72 hours of becoming aware of that noncompliance.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
A. 
The Township shall notify the occupants of residential dwellings and commercial, institutional and municipal establishments within its boundaries of the requirements of this article.
B. 
This notification shall occur at least once every six months.
C. 
Education programs shall be furnished periodically or upon request through the schools and other organizations.
D. 
The Mayor shall have the power to use other methods of publication to comply with the public information and education requirements of Act 101 found at 53 P.S. § 4000.1501(d), as may be satisfactory and adequate in the circumstances.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]