[HISTORY: Adopted by the Board of Commissioners
of the Township of Bethlehem as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-10-1986 by Ord. No. 3-86 (Ch.
20, Part 1, of the 1988 Code)]
This article shall be known as the "Township
of Bethlehem Municipal Solid Waste Ordinance."
[Amended 8-13-1990 by Ord. No. 12-90]
As used in this article, the following terms
shall have the meanings indicated:
The Pennsylvania Act 101 of 1988 known as the "Municipal
Waste Planning, Recycling and Waste Reduction Act."[1]
A person desirous of being authorized as a "collector."
A person authorized to collect, transport, and dispose of
Township waste from the Township of Bethlehem.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to, stores, markets, office buildings,
restaurants, shopping centers, and theaters.
A location readily acceptable to an authorized collector
adjacent to the curb or adjacent to the roadway if there is no curb
where each person affected by this article places recyclables for
collection.
Those recyclable materials which must be separated from other
municipal waste and placed at the curbside for collection according
to the recycling regulations established and from time to time revised
by Bethlehem Township.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of Township 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 to the waters
of the Commonwealth of Pennsylvania.
Any site, facility, location, area, or premises to be used
for the disposal of Township waste.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparation, cooking, and consumption
of foods.
The standardized containers issued or approved by Bethlehem
Township for the purpose of collecting, storing and placing recyclables
at the curbside for collection by an authorized collector.
Any establishment engaged in manufacturing or processing,
including but not limited to, factories, foundries, mills, processing
plants, refineries, and the like.
Any establishment engaged in service to persons, including
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities.
Leaves, garden residue, shrubbery and tree trimmings and
similar material, but not including grass clippings.
The entire process or any part thereof, or storage, collection,
transportation, processing treatment, and disposal of Township waste
by any person engaging in such process.
That person empowered by Bethlehem Township to issue and
from time to time revise solid waste and recycling regulations.
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 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).[2]
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
The curbside collection program and leaf collection program
established by Bethlehem Township pursuant to this article and recycling
regulations.
Those regulations issued and from time to time revised by
Bethlehem Township setting forth specific requirements for the recycling
program.
A.
General. It shall be the duty of every owner of property
and every person occupying any dwelling unit, premises or place of
business within the Township of Bethlehem where municipal waste is
produced and is accumulated, by his own expense and cost, to contract
with an authorized collector to remove all municipal waste from the
dwelling unit, premises or place of business and to provide and keep
at all times, a sufficient number of containers to hold all municipal
waste which may accumulate during the intervals between collection
of such municipal waste by the authorized collector.
[Amended 10-18-2010 by Ord. No. 05-10]
B.
Storage of residential properties.
(1)
Containers. All Township waste accumulated by owners
of each residential property and/or the occupants of residential properties
shall be placed in containers for collection by an authorized collector.
The containers shall be durable, watertight, and made of metal or
plastic. Securely 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)
Location of containers. Each Township 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.
Storage on commercial, institutional and industrial
properties.
(1)
Containers. Storage of Township 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 Township wastes. Such containers shall
be kept in good working order.
(2)
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 exits or public or private buildings.
D.
Time of collection. It shall be unlawful for a collector
to collect garbage or refuse before 6:00 a.m. or after 8:00 p.m.
[1]
Editor's Note: Former § 212-4, Authorization of collectors,
as amended, was repealed 1-2-2018 by Ord. No. 01-18.
Prevention of spillage. Any person transporting
solid waste within the Township of Bethlehem shall prevent or remedy
any spillage from vehicles or containers used in the transport of
such solid waste.
A.
Designated facilities. All Township waste produced,
collected, and transported from within the jurisdictional limits of
the Township of Bethlehem shall be, to the extent permitted by law,
disposed of at disposal facilities designed by the Township of Bethlehem
and in accordance with any currently effective Solid Waste Management
Plan of the Township of Bethlehem. In the absence of such designated
facilities and/or such currently effective Solid Waste Management
Plan, Township waste from the Township of Bethlehem must be disposed
of at a state-permitted facility.
B.
Notice to collectors. If the Township of Bethlehem
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 Township waste collected, transported,
removed, and disposed.
A.
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 Township waste
from hauling his own Township waste from hauling his own Township
waste on an irregular and unscheduled basis, to a state-permitted
disposal facility.
B.
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.
Hazardous and residual waste. The provisions of this
article do not apply to anything but the storage, collection, transportation,
and disposal of Township waste and do not apply, therefore, to hazardous
or residual waste as defined by the Pennsylvania Solid Waste Management
Act.
[Amended 8-15-1988 by Ord. No. 8-88]
A.
Penalty. Any person violating any of the provisions of this article shall, upon conviction a Magisterial District Judge, be subject to a fine of not less than $100 nor more than $300 together with the costs of prosecution, and/or imprisonment for a period of not more than 90 days. Every violator of the provisions of this article shall be deemed guilty of a separate offense for each and every day such violation shall continue and shall be subject to the penalty imposed by this § 212-8 for each and every such separate offense.
B.
Additional remedies. In addition to the foregoing
penalty, the Township of Bethlehem may require the owner or occupant
of a property to remove any accumulation of solid waste and should
said person fail to remove such solid waste after 10 days following
written notice, the Township of Bethlehem may cause the solid 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.
C.
Abatement. The imposition of the penalties herein
prescribed shall not preclude the Township of Bethlehem from instituting
appropriate actions or proceedings to prevent the violation of this
article, to restrain, correct or abate any such violation, or to prevent
any act, conduct, business or activity constituting a violation.
[Adopted 2-16-2009 by Ord. No. 02-09]
This article shall be known as the "Bethlehem
Township Municipal Waste Collection and Recycling Ordinance."
A.
All terms not separately defined in this article but
which are defined in the Act of July 7, 1980, P.L. 380, No. 97 ("Act
97 of 1980"), the Solid Waste Management Act, as amended, 35 P.S.
§ 6018.101 et seq., as amended, and/or the Act of July 28,
1988, P.L. 556, No. 101 ("Act 101 of 1988"), the Municipal Waste Planning,
Recycling and Waste Reduction Act, as amended, 53 P.S. § 4000.101
et seq., as amended, shall have the meanings ascribed to such terms
in said Acts.
B.
ACT 90
ACT 97
ACT 101
ALUMINUM
BIMETAL CANS
BULK ITEMS
CIMS
COMMERCIAL ESTABLISHMENT
COMMUNITY ACTIVITIES
CORRUGATED PAPER
GLASS
GRASS CLIPPINGS
HIGH-GRADE OFFICE PAPER
HOSPITALITY ESTABLISHMENT
HOUSEHOLD HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LANDLORD(S)
LEAF WASTE
MAGAZINES AND PERIODICALS
MIXED PAPER
MULTIFAMILY DWELLING
MUNICIPAL ESTABLISHMENT
MUNICIPALITY OR TOWNSHIP
MUNICIPAL WASTE
MUNICIPAL WASTE COLLECTOR(S)
NEWSPAPER
NONCURBSIDE RESIDENTS
PaDEP
PERSON or ENTITY
PLAN or COUNTY PLAN
PLASTIC CONTAINERS
RECYCLABLE MATERIALS
RECYCLING COLLECTOR
RECYCLING PROCESSORS
RENTAL AGENT(S)/PROPERTY MANAGERS
RESIDENT(S)
SOURCE-SEPARATED RECYCLABLE MATERIALS
YARD WASTE
As used in this article, the following terms shall
have the following meanings:
The Waste Transportation Safety Act of 2002, as amended,
27 Pa.C.S.A. § 6201 et seq., as amended.
The Solid Waste Management Act of 1980, as amended, 35 P.S.
§ 6018.101 et seq., as amended.
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, as amended, 53 P.S. § 4000.101 et seq., as
amended.
Empty, all-aluminum beverage and food containers, commonly
known as "aluminum cans."
Empty food or beverage containers constructed of a mixture
of ferrous metal, usually steel, and nonferrous metal, usually tin.
Any large durable goods such as refrigerators, washing machines,
window air conditioners, hot-water heaters, dishwashers and any other
major home appliances in addition to other large bulk items such as
dressers, beds, mattresses, sofas, television sets and other large
household items.
Collectively, "commercial establishments," "institutional
establishments" and "municipal establishments," as defined herein.
An establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
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.
Paper products made of a stiff, moderately thick paper board,
containing folds or alternating ridges, commonly known as "cardboard."
Products made from silica or sand, soda ash and limestone.
The product may be transparent (clear) or colored (e.g., brown or
green) and used as a container for packaging (e.g., jars) or bottling
of various matter. Expressly excluded are noncontainer glass, window
or plate glass, light bulbs, blue glass and porcelain and ceramic
products.
The material bagged or raked during or after cutting of a
lawn, field or similar grassed area.
All types of high-grade, white or colored paper, bond paper
and computer paper used in commercial, institutional, business, office
and municipal establishments.
A commercial establishment that includes restaurants, hotels,
taverns and other commercial establishment that has a PLCB liquor
license.
Small quantities of hazardous waste (as defined in the Solid
Waste Management Act) available to a person or entity on a retail
basis, such as pesticides, certain paints, paint thinners and solvents,
cleaning agents and automotive products.
An establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
An establishment engaged in service, including, but not limited
to, hospitals, nursing homes, orphanages, schools and universities.
Any individual or organizational owner who rents and/or leases
residential units, commercial space or an industrial complex(es).
Landlords own the properties in question and deal directly with their
tenants or lessees.
Leaves, garden residue, twigs, shrubbery trimmings, small
tree trimmings and like vegetative matter, but does not include grass
clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Such matter typically has a gloss or
shine added to the paper. Expressly excluded are all other paper products
of any nature whatsoever.
All types of paper combinations, such as colored paper, carbonless
forms, ledger paper, colored paper envelopes, junk mail, mixtures
of high-grade office paper and the like.
A building designed for or used as living quarters with four
or more individual dwelling units contained therein.
An establishment owned, leased, or otherwise operated by
any county, city, borough, town, township, school district, municipal
authority, and all other public bodies, authorities, councils of government,
officers, agencies or instrumentalities of the foregoing, whether
exercising a governmental or proprietary function.
Bethlehem Township, Northampton County, Pennsylvania.
Any municipal waste as defined by Section 103 of the Solid
Waste Management Act, as amended, 35 P.S. § 6018.103 et
seq., as amended, and Section 103 of the Municipal Waste Planning,
Recycling and Waste Reduction Act, as amended, 53 P.S. § 4000.103,
as amended, and any rules and regulations promulgated thereunder.
Any collector, remover, transporter and/or hauler of municipal
waste and/or recyclable materials in the Township. The Township shall
be considered a municipal waste collector if it provides manpower
and equipment for the collection of municipal waste. The Township
reserves the right to enter into contracts with one or more collectors,
removers, transporters and/or haulers for one or more components of,
and activities relating to, municipal waste and/or recyclable materials.
Paper of the type commonly referred to as "newsprint" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest.
Owners, landlords, and the governing bodies of associations
of homeowners of multifamily dwelling units where individual residential
waste collection does not occur but where suitable containers or dumpsters
for recyclable materials and nonrecyclable materials are provided
which are located at easily accessible locations (for example, parking
lots) but not necessarily at the curbside of a public street.
The Pennsylvania Department of Environmental Protection.
Any individual, firm, partnership, corporation, business,
association, institution, cooperative enterprise, trust, municipality,
municipal authority, federal institution or agency, state institution
or agency (including but not limited to the Department of General
Services and the Public School Building Authority), other governmental
agency or any other legal entity or group whatsoever which is recognized
by law as the subject of rights and duties. In any provision of this
article prescribing a fine, penalty or imprisonment or any combination
of the foregoing, the term "person" or "entity" shall mean the officers
and directors of any corporation or other legal entity having officers
and directors.
The latest revision of the county-wide municipal waste management
plan adopted by Northampton County and approved by PaDEP, as such
may hereinafter be supplemented, revised, amended or modified in compliance
with the law.
Empty plastic food and beverage containers. Due to the large
variety of plastics, the recycling regulations will stipulate the
specified types of plastics that may be recycled.
Materials generated by a person or entity which can be separated
from other municipal waste and returned to commerce to be reused as
a resource in the development of useful products. Materials which
may be recycled include but are not limited to: glass (clear, brown
or green), aluminum, steel and bimetal cans, high-grade office paper,
mixed paper, newspaper (including newspaper inserts), telephone books,
corrugated paper, magazines and other periodicals, plastic containers
and other materials as may be designated by the Township from time
to time as recyclable materials.
A municipal waste collector engaged in the collection, removal,
transportation or hauling of recyclable materials.
Entities which receive
recyclable materials, separate recyclable materials from nonrecyclable
residue and market the separated recyclable materials for reuse or
remanufacture.
Any individual or organization who or which assumes the owner's
responsibility in renting and/or leasing residential units, commercial
space or industrial complexes. Agents do not own the properties in
question, but deal directly with tenants or lessees on behalf of the
owner(s).
The legal owner, occupant or lessee of a single-family residential
unit in the Township or the owner, occupant or lessee of any type
of multifamily residential unit, including but not limited to townhomes,
duplexes, condominiums and apartments, whose multifamily unit has
curbside collection of municipal waste and/or recyclables. Also classified
as a resident is any business professional who operates a profession
from his/her personal residence.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling. The term is limited
to clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, plastics and
other marketable grades of paper.
Twigs, shrub trimmings, small branches and like vegetative
matter (including grass clippings).
A.
The reduction of the amount of municipal waste and
conservation of recyclable materials is an important public concern
by reason of the growing problem of municipal waste disposal and its
detrimental impact on the environment. It is the intent of this article
to require, promote and regulate recycling activities in the Township
and to protect the health, safety and welfare of its residents.
B.
This article has been developed to meet and implement
municipal responsibilities established under Act 101 of 1988.
C.
It is the intent of this article to promote intergovernmental
cooperation in recycling activities to more efficiently conduct recycling
programs and to reduce costs.
D.
The Township may establish, by resolution, rules and
regulations related to the administration of the recycling program
and may administer and enforce against violations of all such rules
and regulations. The Township shall determine the recyclable materials
to be separated from other municipal waste by residents (including
noncurbside residents), and commercial, institutional, industrial,
municipal, hospitality establishments, and the sponsors of community
activities, and collected by municipal waste collectors; however,
these designations may be changed by the Township from time to time.
All residents, commercial, institutional, industrial, municipal, hospitality
establishments, and the sponsors of community activities shall be
required to separate from other municipal waste the recyclable materials
designated by the Township for collection.
E.
In accordance with Section 1501(c)(l)(iii) of Act
101, 53 P.S. § 4000.1501(c)(1)(iii), the Township shall
be authorized to exempt persons occupying institutional, commercial,
business, industrial and hospitality establishments from one or more
of the requirements of this article if they have otherwise provided
for the recycling of materials designated by this article and any
subsequent resolutions. To be eligible for this exemption, these establishments
must provide, on an annual basis, written documentation to the Township
of the total quantity of each material recycled, in such form as shall
be provided for in the Township's rules and regulations. Exemptions
shall be handled administratively by the Township.
F.
The Township shall submit an annual report to Northampton
County as the host county describing the weight or volume of materials
(including materials from CIMs, whether exempted or not) that were
recycled by the Township's recycling program in the preceding
calendar year.
A.
Each person or entity who or which generates municipal
waste in the Township shall be responsible for complying with the
requirements of this article for the separation of recyclable materials
from other municipal waste as required by Act 101 as implemented by
the Township. This shall include tenants and lessees occupying leased
properties.
B.
Owners, landlords or rental agents of any leased property,
other than a single-family occupied property, shall be responsible
for publicly posting educational information provided by the Township
and/or municipal waste collectors; provide appropriate recyclable
material collection containers and provide for pickup of such containers
in accordance with this article. Owners, landlords or rental agents
of a single-family-occupied property may assign such responsibility
to the tenant or lessee occupying the property through a lease or
rental agreement or other written assignment.
C.
Every person or entity must separate household hazardous
waste and leaf waste from the recyclable materials and other municipal
waste. It is the responsibility of a person or entity to dispose of
household hazardous waste in accordance with applicable law.
D.
All occupants of single-family homes, including townhomes
and row-homes where individual municipal waste collection occurs,
shall maintain a separate container of the type specified or provided
by the Township or municipal waste collector to collect all designated
recyclable materials in a co-mingled or modified co-mingled (e.g.,
different materials separated into paper bags and placed in the container)
fashion, as established by the municipal waste collector, subject
to the rules and regulations of the Township. No municipal waste or
recyclable material container shall be placed at the curb or in the
front yard of any resident's property except during the period
beginning at 6:00 p.m. on the evening prior to the day of scheduled
collection, and the empty container shall be removed by 11:59 p.m.
on the day of scheduled collection. Enforcement of container rules
for placement at curbside shall be the responsibility of the Township.
Newspapers may also be placed in paper bags (no plastic bags) or bundled
and tied, both across and lengthwise, with rope or cord; kept dry
prior to collection; and placed at curbside with the recycling container.
No municipal waste containers or recyclable material containers, including
bundles of newspapers (other than containers supplied by municipal
waste collectors), shall be filled with municipal waste or recyclable
materials weighing more than 50 pounds. No person shall cause municipal
waste containers or recyclable material containers to be filled beyond
the capacity of such containers. Each container used for recyclable
materials shall be clearly marked as containing recyclable materials.
E.
Owners, landlords, the governing bodies of associations
or other agents of homeowners of multifamily residential units where
individual residential waste collection does not occur shall be responsible
for providing suitable containers or dumpsters for recyclable materials.
Such containers or dumpsters shall be provided through arrangements
with a municipal waste collector, and source-separated or co-mingled
recyclable material containers or dumpsters may be utilized. The containers
or dumpsters must be provided at easily accessible locations, and
written instructions must be provided by the owners, landlords, and
the governing bodies of associations or other agents of homeowners
to the occupants concerning the use and availability of such containers
or dumpsters. All owners and tenants or lessees of individual multifamily
residential units shall be responsible for separating recyclable materials
and placing them in the containers or dumpsters provided for such
purposes. Owners, landlords, and governing bodies of associations
or other agents of homeowners of multifamily residential units shall
be responsible for compliance by the occupants of such units with
the requirements for separation of recyclable materials from other
municipal waste. No person shall cause municipal waste or recyclable
material containers or dumpsters to be filled beyond the capacity
of such containers or dumpsters.
F.
Owners or landlords of any institutional, commercial, business, industrial and hospitality establishment, and the sponsors of community activities shall be required to meet the same requirements outlined in Subsection E, unless exempted under § 212-12E of this article or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property.
A.
All homes, apartments and other residential establishments
shall be required to separate and recycle the following: clear glass,
colored glass, newspaper (including newspaper inserts), corrugated
paper, high-grade office paper, telephone books, aluminum cans, steel
cans, bimetallic cans, No. 1 PET plastics, No. 2 HDPE plastics, and
leaf waste and yard waste.
[Amended 11-5-2012 by Ord. No. 09-12]
B.
Commercial, institutional, industrial, and municipal
establishments shall be required to separate and recycle the following:
corrugated paper, high-grade office paper, mixed paper, aluminum cans,
and leaf waste and yard waste.
C.
Hospitality establishments which include restaurants,
hotels and taverns and other businesses that have PLCB licenses, shall
be required to separate and recycle the following: cardboard, office
paper, aluminum cans, clear glass, colored glass, steel cans, bimetallic
cans, No. 1 PET plastics, No. 2 HDPE plastics, newspaper (including
newspaper inserts), telephone books, and leaf waste and yard waste.
D.
The sponsors of community activities shall be required
to separate and recycle the following: aluminum cans, clear glass,
colored glass, steel cans, bimetallic cans, No. 1 PET plastics, and
No. 2 HDPE plastics.
A.
Township registration.
(1)
Each collector of municipal waste generated within
the Township shall register with the Township on an annual basis on
or before January 1 for the succeeding calendar year. The registration
information shall include, without limitation, the following information:
the name, principal place of business address, and telephone number
of the collector; all fictitious names, if any, under which the collector
operates; the name, address, and telephone number of the chief executive
officer of the collector and, if none, the name, address, and telephone
number of the owner(s) of the collector and; the name, address, and
telephone number of the contact person responsible for compliance
with this article; the number of trucks, including make, model and
license plate number operating within the Township; and a copy of
the current written authorization for all of its waste transportation
vehicles operating within the Township issued by PaDEP pursuant to
Act 90. In the event that any of this information changes at any time
during the calendar year, the collector shall update its registration
with the Township by providing current information within 30 days
of such change. The Township shall have the right to require additional
information through the adoption of implementing rules and regulations
adopted by resolution of the Board of Commissioners, provided that
such rules and regulations are not inconsistent with the requirements
of Act 90, Act 97, Act 101, and all relevant PaDEP regulations. In
the event a municipal waste collector ceases collection of municipal
waste generated within the Township, the collector shall promptly
notify the Township in writing. All collectors must maintain a current
written authorization for all of its waste transportation vehicles
operating within the Township issued by PaDEP pursuant to Act 90.
B.
Reporting and recordkeeping requirements.
(1)
Unless specifically provided otherwise in the Township's rules and regulations, the Township shall deliver to all municipal waste collectors, in conjunction with the registration process outlined in Subsection A(1), an information sheet that lists the materials which are to be recycled pursuant to current PaDEP regulations. Upon receipt of the information sheet, the municipal waste collectors shall indicate all of the recyclable materials collected by the municipal waste collector.
(2)
Municipal waste collectors shall be responsible for
obtaining weight and volume data on all municipal waste and recyclable
materials collected by them in the Township. Said data shall be supplied
to the Township on an annual basis by January 31 for the preceding
year. Such report shall include the name, address, and telephone number
of the market or processor where recyclable materials are delivered
and shall be signed by an officer of the municipal waste collector.
(3)
Municipal waste collectors shall maintain records
of their collection, removal, transportation and hauling activities
within the Township and make them available for inspection by the
Township, in accordance with the rules and regulations of the Township,
provided that such rules and regulations are not inconsistent with
the requirements of Act 90, Act 97, Act 101, and all relevant PaDEP
regulations.
C.
Collection, processing, marketing and reporting requirements.
(1)
Each municipal waste collector operating in the Township
shall be responsible for complying with the requirements of this article
and the Township's rules and regulations for the collection,
processing and marketing of recyclable materials. The Township reserves
the right to enter into contracts with one or more collectors, removers,
transporters and/or haulers for one or more components of municipal
waste and/or recyclable materials.
(2)
The municipal waste collector shall, in providing
municipal waste collection and disposal services, also provide for
the collection of recyclable materials. Unless specifically provided
otherwise in this article or in the Township's rules and regulations,
the municipal waste collector must provide recyclable material collection
with the same frequency at which it provides refuse collection and
disposal services. For example, where once a week municipal waste
collection is provided, the municipal waste collector must provide
at least once-a-week recyclable material collection. Customers using
once-a-month municipal waste collection must have recyclable materials
collected at least once a month. The municipal waste collector must
provide for collection of recyclable materials at a frequency of not
less than once a month, irrespective of its normal frequency of providing
other municipal waste collection services. Each municipal waste collector
shall notify the Township in writing the specific week or weeks during
each month during which it will collect recyclable materials in the
Township.
(3)
In shall be unlawful, and a violation of this article,
for municipal waste collectors to co-mingle recyclable materials with
other municipal waste in the same truck or other collection vehicle.
(4)
In the event that a generator's containers or
dumpsters for municipal waste or recyclables are regularly filled
beyond capacity and the generator refuses to schedule more frequent
collections, the municipal waste collector for such generator shall
notify the Township's Recycling Coordinator. The municipal waste
collector shall utilize its best commercial efforts to schedule frequency
of collection to ensure that containers or dumpsters are not filled
beyond capacity by generators.
(5)
The municipal waste collector shall be responsible
for the processing and marketing of the recyclable materials or the
delivery of recyclable materials to a recycling processor. Such activities
may be conducted by the municipal waste collector or any agent thereof
or a private entity conducting such business, a nonprofit entity able
to undertake such effort or any governmentally owned or operated facility
capable of such functions.
(6)
The municipal waste collector shall, prior to initiating
processing and marketing activities for recyclables, provide the Township
with a summary of its proposed efforts, including the location of
the facility(ies) to which the recyclable materials will be delivered,
to the maximum extent possible. All such facility(ies) shall be appropriately
licensed and permitted. Updates shall be provided to the Township
as changes are made. Municipal waste collectors are hereby notified
that pursuant to 25 Pa. Code, Chapter 271, Subchapter A, § 271.101(a)(2),
an exemption is granted to processing centers for source-separated
recyclable materials from obtaining a municipal waste permit from
PaDEP. A facility that processes materials outside of the definition
of source-separated recyclable materials may require a permit from
PaDEP to operate.
(7)
All municipal waste collectors shall keep records
of the quantities and types of recyclable materials collected in the
Township. The records shall include the weight of the total quantities
of recyclable materials and total quantities of municipal waste and
an estimate of the corresponding volume of material for both recyclable
materials and municipal waste. Estimates of the individual components
comprising the co-mingled recyclable materials shall also be provided
to the extent the municipal waste collector is reasonably able to
produce such estimates. Written reports shall be provided to the Township
on reporting forms provided by the Township and shall include the
name and location of the processing center and/or recyclable materials
dealer and shall be submitted in accordance with the time schedules
established in this article.
(8)
Leaf waste quantities shall be recorded by the municipal
waste collector (including the Township where it designates itself
as the collector of leaf waste) collecting such materials. Such quantities
may be in the form of estimates on either a cubic yard or tonnage
basis collected, and written documentation must be provided to the
Township by January 31 of each year for materials collected in the
preceding calendar year of the total quantity of leaf waste collected.
The collector has the option of reporting tonnage either in compacted
or uncompacted cubic yards.
(9)
Municipal waste collectors shall not collect refuse, recyclable materials
or any other wastes between the hours of 8:00 p.m. and 6:00 a.m.,
Eastern standard time nor, when applicable, between 8:00 p.m. and
6:00 a.m., Eastern daylight saving time. Failure to comply with this
provision shall subject a municipal waste collector to enforcement
action by the Township.
[Amended 1-2-2018 by Ord. No.
01-18]
A.
All recyclable materials and municipal waste placed at curbside for collection or in any container or dumpster designated for recyclable materials shall become the property of the municipal waste collector providing the service, except as outlined in § 212-17 of this article.
B.
It shall be a violation of this article for any person or entity, other than the municipal waste collector providing the service, to collect or remove any of the recyclable materials from their designated collection location, except as outlined in § 212-17 of this article. Each unauthorized collection from one or more designated locations on one calendar day, in violation hereof, shall constitute a separate and distinct offense punishable as hereinafter provided.
A.
Each municipal waste collector shall provide yard
waste and leaf waste collection service at least once during the spring
and at least once during the fall of each year, except with respect
to leaf waste collection for which the Township has designated itself
as the collector. The spring collection shall take place during the
first full week of May, and the fall collection shall take place during
the first full week of November. Each collector shall notify its customers
of the date on which the collection of yard waste and leaf waste shall
take place. No customer shall place yard waste and leaf waste at curbside
for collection more than 24 hours prior to collection. Unless municipal
waste collectors are notified to the contrary by the Township, the
Township shall be responsible for the spring and fall collection of
leaves only (i.e., not including shrubbery and tree trimmings and
branches, and similar material) on such dates as it may designate
from time to time.
B.
Each municipal waste collector shall have the right
to require that tree branches be tied and bundled, and cut to a length
not longer than three feet and not larger than eight inches in diameter.
C.
Leaf waste collection shall be conducted in accordance
with regulations of PaDEP and leaf waste disposal shall be in a PaDEP-permitted
composting facility in accordance with all applicable state guidelines.
D.
All municipal waste collectors shall provide the Township
with the name and address of the facility(ies) where the leaf waste
will be disposed and report the quantity in tons or cubic yards. Leaf
waste shall not be co-mingled with any other municipal solid waste.
The disposal of noncomposted leaf waste at a sanitary landfill or
waste-to-energy facility is strictly prohibited. Until such time as
the Township redesignates a different the facility by resolution,
the facility at which leaf waste shall be disposed of by municipal
waste collectors shall be the Bethlehem Township Recycling Center
located at Falmer Drive, Bethlehem Township. No grass clippings shall
be disposed of by any municipal waste collector at the Bethlehem Township
Recycling Center. Unless notified to the contrary by the Township,
municipal waste collectors shall not deliver tree branches to the
Center which are cut to a length longer than three feet or larger
than eight inches in diameter.
E.
Except with respect to leaf waste collection for which
the Township has designated itself as the collector, the methodology
for separating and collecting leaf waste shall be established by the
municipal waste collectors and submitted to the Township for prior
review and approval. All municipal waste collectors shall provide
the Township with a leaf waste collection/disposal plan providing
information regarding their expected leaf waste collection and disposal
service to their customers on or before June 30 of each year prior
to distribution to customers.
F.
The Township shall have 60 days to provide comment
or the leaf waste collection/disposal plan shall be deemed approved
for distribution to customers.
G.
Leaf waste shall not be left by generators in such
manner that it obstructs the flow of traffic or affects the performance
of drainage facilities or catch basins.
The Township encourages the delivery of Christmas
and other holiday trees to the Bethlehem Township Recycling Center
by Township residents. In the event such trees are left at curbside,
the municipal waste collectors shall collect the same and deliver
the same to the Center. Municipal waste collectors may impose a reasonable
additional charge for such service reflecting any additional costs
incurred by the collectors for such collection.
The Township shall establish a comprehensive
and sustained public information and education program concerning
recycling program features and requirements. As part of this program,
the Township shall, at least 30 days prior to the initiation of the
recycling program and at least once every six months thereafter, notify
persons occupying residential, commercial, institutional, and municipal
premises within its boundaries of the requirements of this article.
This notice shall include an explanation of how the system will operate,
the dates of collection, and responsibilities of persons within the
Township and incentives and penalties. The Board of Commissioners
may place an advertisement in a newspaper circulating in the Township
post a notice in a public place where public notices are customarily
posted, including a notice with other official notifications periodically
mailed to residential taxpayers, or utilize a combination of the foregoing.
A.
Any person or entity violating the provisions of this
article pertaining to the separation of recyclable materials, including
co-mingling or recyclable materials with municipal waste by haulers
and their employees, shall receive an official written warning sent
certified mail, return receipt requested. Thereafter, within two years
from the date of the written warning for the first offense, any person
or entity violating any of the provisions of this article pertaining
to the separation of recyclable materials within the boundaries of
the Township, shall be subject to a criminal fine not to exceed $2,500
per violation, plus damages, court costs and reasonable attorney's
fees and imprisonment in the Northampton County Correctional Facility
to the extent allowed by law for the punishment of summary offenses.
Enforcement of any such violations shall be by action before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
B.
Any person or entity who shall violate any provision of this article not covered in Subsection A above shall, upon conviction, be subject to a criminal fine not to exceed $1,000 per violation, plus damages, court costs and reasonable attorney's fees and imprisonment in the Northampton County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day on which a violation of this article continues shall constitute a separate offense punishable by a like fine or penalty.
C.
No municipal waste collector shall collect municipal
waste which contains unsegregated recyclable materials or leaf waste.
The municipal waste collector shall provide a person or entity violating
the provisions contained herein regarding the separation of recyclable
materials with written notice for the first offense and also provide
the Township with the same written notice. Any municipal waste collector
who shall violate the provisions of this subsection and collect municipal
waste containing recyclable materials or leaf waste from a person
or entity who or which has previously been notified by the Township,
and/or a municipal waste collector of noncompliance shall receive
an official warning for the first offense. The municipal waste collector,
for subsequent offenses within a two-year period of the warning, upon
conviction, shall be sentenced to pay a fine of not less than $1,000
and not more than $5,000, plus damages and costs of prosecution of
each and every offense, or, in default of the payment of such fine
and costs, to undergo imprisonment for not more than 30 days.
D.
The Township is authorized to establish, through its
rules and regulations, procedures through which violations of this
article and of the Township's rules and regulations themselves
may be determined and administrative sanctions therefor, including
but not limited to imposition of monetary penalties.
E.
Nothing in this section shall be construed to limit
the Township's remedies which shall include but not be limited
to including the filing of actions at law or in equity seeking damages
and/or injunctive relief.
