[Adopted 10-17-2012 by Ord. No. 962[1]]
[1]
Editor’s Note: This ordinance superseded former Art.
II, Recycling, adopted 10-2-1990 by Ord. No. 492, as amended.
A.
Title. This article shall be known as the "South Whitehall Township
Mandatory Recycling Ordinance."
B.
Construction.
(1)
The various headings used throughout this article are intended only
as an aid to its organization, in order to facilitate ease of reading,
and are not to be considered a substantive part of this article.
C.
Effective date. Mandatory recycling for all residential dwellings
in South Whitehall Township shall commence 30 days after the enactment
of this article.
D.
Continuation. The provisions of this article hereby adopted, insofar
as they are the same as any ordinances in force immediately prior
to the enactment of this article, are intended as a continuation of
such ordinances and not as new enactments. The provisions of this
article hereby adopted shall not be construed to affect any suit or
proceeding pending in any court, or any rights acquired or liability
incurred, or any cause or causes of action acquired or existing, under
any act or ordinance hereby repealed as cited in this article; nor
shall any just or legal right or remedy of any character be lost,
impaired or affected by this article.
The following words and phrases, when appearing in the text
of this article, shall have the meanings given to them in this section,
unless the context clearly indicates otherwise:
Empty containers used for food or beverage, consisting entirely
of aluminum.
Empty containers consisting of either steel only or steel
and aluminum, which were used to contain either food or beverage,
or both.
Includes any paper 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. The term includes
the advertising inserts which are often intermingled or distributed
with newspapers.
Includes all business, commercial, educational, industrial,
institutional, or municipal establishments, and community activities,
and all multifamily housing of four or more residential dwellings.
If any commercial activity occurs in a residential establishment,
the entire establishment shall be deemed a commercial activity.
Any person who hauls or transports, by any mode of transportation,
for any consideration or as a business in trade or commerce, any waste
material which that same person collects, picks up, or receives from
any location within South Whitehall Township.
Events sponsored in whole or in part by a municipality, or
conducted within a municipality and sponsored privately, which include
but are not limited to fairs, bazaars, socials, picnics, and organized
sporting events that will be attended by 200 or more individuals per
day.
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 location on the adjoining public street or
road, and where the solid waste is usually picked up:
On or just in back of the curb or curbline at the edge of the
cartway, for streets or roads which have curbs.
For streets or roads which do not have curbs, within reasonable
safe proximity of the paved cartway.
As otherwise established by regulation of the Township Manager
where the above locations are not clear or satisfactory.
The regularly scheduled operation which provides labor, equipment,
and services to collect recyclable materials from the curbside of
designated residential establishments within the Township.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
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. It does not include newspaper,
magazines, corrugated paper, or any coated paper.
Shall include but not be limited to automotive, truck, and
industrial batteries that contain lead.
Leaves from trees, bushes, and all other plants, garden residues,
shrubbery, tree trimmings, and similar material, but not including
grass clippings.
Printed matter on coated paper containing miscellaneous written
pieces published at fixed or varying intervals, also known as "periodicals,"
and includes telephone directories. Expressly excluded are newspaper
and all other paper products of any nature whatsoever.
Any four or more condominiums, apartments, or other residential
dwellings, regardless of the form of ownership, tenancy, or the physical
arrangement of the structure, which are owned under a single deed.
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
excluded are advertising inserts printed on coated paper which are
often distributed or intermingled with newspapers.
Any individual, partnership, proprietorship, company, firm,
corporation, trust, estate, owner, operator, occupant, tenant, agency,
or other entity, as the context may require.
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.
Plastic containers of all varieties, types, and chemical
compositions of plastic.
Materials identified by the Township to be recycled, including
but not limited to the materials listed in Section 1501 of Act 101.[1]
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. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource-recovery facilities.
The rules, regulations, standards, specifications, orders,
licenses, permits, interpretations, schedules, zones, routes, and
waivers established from time to time by the Township pursuant to
the authority of this article. Such regulations shall be deemed to
be a part of this article and included by reference as if written
herein.
A single-family dwelling.
Each structure containing three or fewer residential dwellings.
Each residential dwelling within any structure, containing three
or fewer residential dwellings.
|
These definitions shall apply regardless of either the form
of ownership or tenancy or the physical arrangement of the structure.
If any commercial activity occurs in a residential establishment,
the entire establishment shall be deemed to be a commercial activity.
|
To separate recyclable materials from municipal solid waste
for the purpose of recycling.
South Whitehall Township, a Township of the first class,
located in Lehigh County, Pennsylvania, including the Board of Commissioners,
the Township Manager, the Township staff, and others, when duly authorized.
A material whose original purpose 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.
The term does not include source separated recyclable materials or
material approved by the Department for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.1501.
The following materials are hereby designated as "recyclable
materials" within South Whitehall Township:
A.
Recyclable materials. Every person in South Whitehall Township shall be required to separate each of the recyclable materials listed in § 288-32, Recyclable materials, of this article, in accordance with the use of the property occupied by such person, for the purpose of recycling, from all of the other municipal solid waste and other waste generated by that person. No person may dispose of such recyclable materials with any other municipal solid waste or other waste.
B.
Batteries. Lead-acid batteries shall not be recyclable materials,
Lead-acid batteries shall be disposed of only in accordance with Section
1510 of Act 101 (53 P.S. § 4000.1510), and otherwise prevailing
commonwealth law and regulations.
C.
Plastic beverage carriers. Plastic beverage carriers which are not
degradable shall not be used, as required by Section 1701(c) of Act
101.
D.
Other waste. All other municipal solid waste and other waste materials,
whether residual, hazardous, or otherwise, shall be generated, stored,
separated, placed, collected, and disposed of in accordance with all
other applicable federal, commonwealth, county, and Township laws,
ordinances, rules, regulations, specifications, standards, orders,
permits, and licenses.
All persons owning, occupying, or operating residential establishments
within South Whitehall Township shall comply with the following requirements:
A.
Separation. Separate the recyclable materials from all other municipal
solid waste and maintain the recyclable materials in the separated
condition until collection by the Township or its contractor. The
recyclable materials may be commingled together, in accordance with
regulations established by the Township. The separation shall be performed
by the time those materials are placed at curbside for collection.
B.
Preparation. Prepare for recycling all of the recyclable materials
generated by that person, in accordance with the regulations for each
respective material as established by the Township, by the time that
those recyclable materials are placed for collection, and maintain
those materials in that condition.
C.
Recycling containers. Place recyclable materials in the separate
official South Whitehall Township recycling containers or other containers
authorized by the Township, in accordance with regulations established
by the Township. Each residential establishment shall acquire and
use a set of the official South Whitehall Township recycling containers
for this purpose.
D.
Placement and time. Each recyclable material, in its proper recycling
container, shall be placed or set out at curbside, and empty recycling
containers shall be removed from curbside, on the scheduled day for
collection, in accordance with the times and schedules established
by the Township.
A.
Acquisition, purchase, identity, and purpose.
(1)
One official eighteen-gallon capacity recycling container shall be
acquired by the owner, occupant, or operator of each residential establishment,
except multifamily housing, and shall become the property of that
person.
(2)
If desired, the owners, occupants, or operators of each residential
establishment 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
establishment to which it is assigned.
(4)
Recycling containers shall not be used for any purpose other than
recycling.
B.
Purchase fee amount.
(1)
A reasonable purchase fee, in an amount established from time to
time by resolution of the Township Board of Commissioners, to provide
for the replacement of each of the Township's official recycling
containers.[1]
(2)
The amount of the purchase fee may be subsequently changed from time
to time by a resolution of the Township Board of Commissioners and
shall be adequate in amount to reimburse the Township for the cost
of purchasing a replacement for any such container.
C.
Time of purchase and payment. The purchase fee shall be paid to the
Township for all official South Whitehall Township recycling containers
which are supplied to residential establishments after the effective
date of this article.
D.
Returns.
(1)
Since the recycling containers are the property of the residents,
the purchase fee, without interest earned, if any, shall be returned
to the owner, occupant, or operator of any residential establishment
upon return of the official recycling containers in good condition
to the Township.
(2)
Returns of the recycling containers to the Township shall occur only
when the owner, occupant, or operator moves or otherwise no longer
owns, occupies, or operates the residential establishment to which
the official recycling container was supplied. The Township may require
presentation of a South Whitehall Township moving permit, or other
satisfactory documentation of the ownership of the recycling container
or circumstances causing the return, before any return of the purchase
fee is issued.
(3)
The purchase fees, and any interest which is earned on the purchase
fees by the Township, shall become and remain the property of the
Township and shall be used for recycling, recycling incentives, household
hazardous waste collection programs, or any other general waste collection
and solid waste management purposes.
E.
Loss, theft, or damage.
(1)
The owner, occupant, and operator of each residential establishment
is responsible for and shall bear the risk of loss, theft, or damage
to the official recycling container supplied for the use of that establishment.
Returns of the purchase fee shall not be made if the container is
not returned for any of these reasons, in which event the purchase
fee may be retained and used by the Township.
(2)
If any official recycling container for a residential establishment
is either lost, stolen, or damaged, the owner, occupant, or operator
shall pay a new purchase fee to the Township for replacement in kind
of the official recycling container, as otherwise specified in this
section.
A.
Curbside recycling program. South Whitehall Township shall perform
or contract for collection of all recyclable materials which are placed
at curbside by each residential establishment, except multifamily
housing, on at least one occasion per calendar month, in accordance
with zones and schedules established by the Township.
B.
Duty to collect. The Township or its contractor shall collect and
transport any designated recyclable materials which have been properly
prepared, separated, and placed at curbside in time for collection
on the scheduled collection day. The Township or its contractor shall
have no obligation to collect any materials which do not conform to
this article or regulations.
C.
Dropoff centers. The Township or its contractor may operate dropoff centers at various locations within South Whitehall Township for the collection of recyclable materials, as designated by § 288-32 of this article. The Township shall establish the locations, operating hours, recyclable materials accepted, and other details of the operation of the dropoff centers.
D.
Leaf waste. South Whitehall Township shall collect leaf waste during
the months of October, November and December of each calendar year.
Leaf waste must be separate from all other municipal waste.
E.
Sale and marketing.
(1)
Recyclable materials that are collected shall be recycled unless
markets for them do not exist.
(2)
The Township or its contractor shall transport, process, sell, market,
and dispose of all recyclable materials collected by the Township
or its contractor in any manner that the Township Manager or the Township's
contractor sees fit, in their respective discretion, except that there
shall be no cash transactions involving recyclable materials marketed
by the Township.
(3)
The Township Manager or Treasurer shall establish and keep necessary
records and report at least quarterly to the Board of Commissioners
the quantity and to whom the recyclable materials are sold, processed,
marketed, or disposed.
(4)
The Township or its contractor shall accord consideration for the
collection, marketing, and disposition of recyclable materials to
persons 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 Section 1501(f) of Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.1501(f).
(5)
Dealers that market the recyclable materials collected within the
Township must provide written documentation that either said materials
are recycled or that markets for those materials do not exist.
F.
Township organization. The Township Manager 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, but only if the Township
has not contracted with a person or agency to collect, separate, and
market recyclable materials within the Township.
G.
Contracting out. Nothing in this article shall prohibit the Township
from entering into agreements or contracts with any person or agency
to collect, separate and market recyclable materials within the Township.
(1)
Power. The Township shall have the power to enter into contracts
with other persons for the collection, transportation, separation,
processing, sale, marketing, or disposition of materials as required
by Act 101 and this article.
(2)
Allocation of functions. Any such contract shall state in writing
which functions, rights, and duties of the Township under this article
shall be performed by the contracting person and which functions,
rights, and duties shall remain with the Township.
(3)
Substitution and interpretation. To the extent that any contracting
person takes the place of South Whitehall Township in the performance
of functions, rights, and duties under this article, "South Whitehall
Township" and "Township" shall be deemed to mean that contracting
person.
(4)
Responsibility. A person who enters into a contract under this subsection
shall be responsible with South Whitehall Township for implementation
of this article, to the extent of such contract.
All recyclable materials shall become the property of and shall
be owned by South Whitehall Township or its authorized agents or contractors
when such materials are picked up from the curbside or delivered to
the dropoff center. Nothing in this article shall be deemed to impair
the ownership of recyclable materials by the person who generated
them before such pickup or delivery.
A.
All multifamily housing, as defined in this article, shall recycle
all recyclable materials generated by either of the two following
methods:
(1)
Contract. Contracting with a commercial solid waste hauler or otherwise
providing for the recycling, as defined by Act 101, of all of the
recyclable materials generated within that multifamily housing, in
accordance with this article.
(2)
On-site system. Multifamily rental housing properties may establish
a collection system for recyclable materials at each property, as
required by Section 1501(c)(1)(ii) of Act 101,[1] which collection system shall consist of the following
components as a minimum:
(a)
Suitable containers for collecting and sorting materials.
(b)
Easily accessible locations for the containers.
(c)
Written instructions to the occupants concerning the use and
availability of the collection system.
[1]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(ii).
B.
The Township may establish regulations defining compliance with these
requirements.
C.
Owners, landlords, and agents of owners and landlords, who comply
with this subsection shall not be liable for the noncompliance of
the occupants of their buildings.
A.
Recycling. Every person owning, occupying, or operating a commercial activity, as defined by this article, within South Whitehall Township shall comply with this article 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 commercial solid waste hauler or otherwise, all of the recyclable materials designated in § 288-32B of this article which are generated by that commercial activity.
B.
Exemption; report.
(1)
Persons occupying business, commercial, educational, industrial,
institutional, and municipal establishments shall be exempt from this
article if those persons have, by contract with a commercial solid
waste hauler or otherwise, provided for the recycling of the designated
recyclable materials. Community activities may not be exempted.
(2)
To be eligible for this exemption, a business, commercial, educational,
industrial, and institutional establishment must annually provide
written documentation to the Township of the total number of tons
recycled and the total amount of solid waste, in tons, to determine
the percentage reduction in the municipal solid waste stream.
C.
Compliance with hauler regulations.
(1)
If a commercial solid waste hauler is contracted, engaged, or hired
for recycling, then the commercial activity shall comply with all
regulations of the commercial solid waste hauler for recyclable materials
with regard to the following; 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:
(2)
Violations of these regulations shall be reported to the Township;
and the persons owning, occupying, or operating the commercial activity
which commits a violation shall be subject to the penalties provided
by this article.
Any commercial solid waste hauler contracted, engaged, or hired
for recycling in South Whitehall Township shall comply with the following
requirements:
A.
Licensing. Every commercial solid waste hauler shall be licensed
by South Whitehall Township, as required by the Township's Codified
Ordinances.
B.
Comply with laws. Every commercial solid waste hauler shall comply
with this article, Act 101, and all other applicable laws and regulations.
C.
Separation. To avoid contamination, every commercial solid waste
hauler shall keep each of the several types of recyclable materials
which are designated for collection and collected separate from each
other, unless the hauler can demonstrate, in writing, that a market
exists for the commingled recyclable materials and prior written approval
is obtained from the Township. In no event shall any solid waste be
mixed with any recyclable material.
D.
Recycling. Every commercial solid waste hauler shall either:
E.
Quarterly reports. Every commercial solid waste hauler shall submit
quarterly reports to the Township. Reports shall be submitted within
two months of the end of each quarter. Each report shall state for
that quarter:
(1)
The quantity, in tons, of each recyclable material collected by that
hauler in South Whitehall Township;
(2)
The total quantity, in tons, of all garbage, trash, and refuse collected
by that hauler in South Whitehall Township; and
(3)
To whom or where and how each recyclable material was sold or delivered
for processing or recycling.
F.
Reporting noncompliance. Every commercial solid waste hauler shall
report all instances of apparent noncompliance, with either this article
or its own regulations, to the Township within 72 hours of becoming
aware of that noncompliance.
A.
Regulations. The Township Manager shall have the power to establish
regulations for the following parts of the Township's recycling
program, including any subsequent changes and amendments, which shall
become effective 30 days after public advertisement, provided that
the Board of Commissioners concurs with the proposed regulations by
resolution:
(1)
Plastic containers - varieties, types, and chemical compositions
to be collected for recycling, both in the Township's curbside
recycling program and at any dropoff centers, or otherwise disposed
of in municipal solid waste.
(2)
Preparation of recyclable materials for recycling.
(3)
Separating, placing, and combining recyclable materials in the official
South Whitehall recycling bins.
(4)
Exact locations for curbside pickup, where those locations are not
established or are otherwise unsatisfactory.
(5)
Zones, routes, and schedules for collection days.
(6)
Times to set out and bring in the official Township recycling bins.
(7)
Dropoff center locations, operating hours, materials accepted, and
other details.
B.
Suspension.
(1)
Less than 30 days. The Township Manager shall have the power to alter
or suspend any such regulation in the event of good cause shown or
emergency, including but not limited to snowstorms and floods, without
prior notice, for a period not longer than 30 days.
(2)
Longer than 30 days. Any alteration or suspension extending longer
than 30 days shall require the express concurrence of the Board of
Commissioners.
C.
Recycling regulations. The "South Whitehall Township Recycling Regulations"
from the Township's recycling contractor are hereby approved,
adopted, and enacted.
A.
Notice. South Whitehall Township shall notify the occupants of residential
establishments and commercial, institutional and municipal establishments
within its boundaries of the requirements of this article.
B.
Timing. This notification shall occur at least 30 days prior to the
initiation of the recycling program and at least once every six months
thereafter.
C.
Education programs. Education programs shall be furnished periodically
or upon request through the schools and other organizations.
D.
Other methods. The Township Manager shall have the power to use other
methods of publication to comply with the public information and education
requirements of Act 101 as may be satisfactory and adequate in the
circumstances.
Any person seeking to establish a recycling facility within
the boundaries of South Whitehall Township must first obtain all necessary
approvals in accordance with the terms and conditions of the South
Whitehall Township Zoning Ordinance[1] and the Township's Codified Ordinances, as subsequently
amended from time to time.
The Township Manager shall be responsible for monitoring and
enforcing compliance with this article and regulations.
A.
Administrative action and enforcement. For violations of this article
by either the owners, occupants, or operators of residential establishments,
the Township shall comply with the following administrative actions
and enforcement procedure before commencing any action before the
District Justice:
(1)
Tagging. For the first two violations by the same person within the
last year, which violations shall be separate violations on different
dates, any municipal solid waste or recyclable material which does
not comply with the provisions of this article shall be left at curbside
and shall be tagged with instructions on proper recycling. The address
of the violation will be recorded by South Whitehall Township.
(2)
Letter. For the third separate violation on a different date within
the last year, the owner, occupant, or operator shall be notified
by registered letter of the penalties for continued noncompliance
with this article.
B.
Civil liability before District Justice. Any commercial activity,
as defined by this article; or commercial solid waste hauler; or any
owner, occupant, or operator of a residential establishment who has
been previously subjected to all of the administrative action and
enforcement procedure of this section within the last year, who or
which violates any provision of this article, shall be subject to
the following civil penalties, payable to South Whitehall Township,
upon a finding of liability therefor by the District Justice:
(1)
First action. For the first action before the District Justice within
the last year, a civil penalty of not more than $300 and costs, including
reasonable attorneys' fees.
(2)
Subsequent actions. For any action before the District Justice within
one year subsequent to a previous finding by the District Justice
of civil liability by the same person for any violation of this article,
a civil penalty of not more than $1,000 and costs, including reasonable
attorneys' fees; provided, however, that no owner, occupant,
or operator of a residential establishment shall be liable for a civil
penalty greater than $300 and costs, including reasonable attorneys'
fees, for a violation of solely the administrative regulations established
pursuant to the authority of this article.
(3)
Each day that a violation of this article continues shall be deemed
to be a separate violation. Each violation shall be deemed to be a
separate violation.
C.
Incentives.
(1)
The Township Manager shall have the power to establish incentives
to promote compliance with this article, as may be appropriate from
time to time. The Township Manager shall report at least quarterly
to the Board of Commissioners on the incentives which have been established
and when and to whom those incentives have been granted.
(2)
Procurement options. The Township may utilize the provisions of Act
101, Section 1507, Procurement Procedures for Local Public Agencies,
and Section 1508, Procurement Options for Local Public Agencies and
Certain Commonwealth Agencies, if the Township elects to do so.[1]
[1]
Editor's Note: See 53 P.S. §§ 4000.1507
and 4000.1508.
