[Adopted 9-18-2007 by Ord. No. 387]
The title of this article shall be the "Upper Southampton Township Municipal Waste Management Ordinance," and the same may be cited in that manner.
The following words and phrases as used in this article shall have the meaning ascribed to them herein, unless the context clearly indicates a different meaning.
- ACT 90
- The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596, No 90, June 29, 2002).
- ACT 101
- The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers and theaters.
- COMMUNITY ACTIVITY
- Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaar's, socials, picnics, carnivals, and organized sporting events attended by 200 or more individuals per day.
- The County of Bucks, Pennsylvania.
- DETACHABLE CONTAINER or MECHANICAL BIN
- Any container which may be mechanically lifted and emptied into the collection vehicle.
- The 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. Disposal facilities include, but are not limited to, municipal waste landfills and construction/demolition waste landfills as defined by Act 101, Act 97, and/or Department of Environmental Protection (DEP) rules and regulations (e.g., 25 PA Code Chapters 75 and 271).
- Animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. It does not include wastes from industrial processing or manufacturing of food products, bodies of dead animals, or human and animal excrement.
- GOVERNING BODY
- The elected officials of the Township of Upper Southampton, Bucks County, Pennsylvania.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or production activities, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment or facility engaged in services, including, but not limited to, hospitals, nursing homes, schools and universities.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
- LICENSED COLLECTOR or LICENSED WASTE HAULER
- A person who has written authorization from the PADEP under Act 90 to collect, haul, transport and dispose of municipal waste.
- MULTIFAMILY HOUSING PROPERTY
- Property containing more than three dwelling units in one
building and either (1) dwelling units within the building having
common ownership, or (2) most dwelling units within the building are
located above or below another dwelling unit regardless of ownership.[Amended 2-2-2016 by Ord. No. 435]
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include any source-separated recyclable materials.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment, or penalty or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
- Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such materials for off-site reuse. Processing facilities include, but are not limited to transfer facilities, recycling facilities, composting facilities, and resource recovery facilities.
- RECYCLABLE MATERIALS
- Those materials specified by the Township for separate collection in accordance with recycling regulations. Such materials may include, but shall not be limited to, leaf waste, yard waste, glass containers, aluminum containers, steel containers, bimetallic containers, office paper, newsprint, corrugated paper, and plastics,.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the generation of energy.
- All solid wastes, except body wastes; and shall include, but is not limited to, garbage, ashes, bulk waste and rubbish; except that refuse shall specifically exclude hazardous waste and source-separated recyclable materials.
- RESIDENTIAL PROPERTY
- All properties used for residential purposes except multifamily
housing properties. Dwelling units located within a building or on
the same property with commercial, industrial and/or institutional
uses shall not be treated or recognized as a residential property.[Amended 2-2-2016 by Ord. No. 435]
- Solid materials remaining after burning, including but not limited to ashes, metals, glass, ceramics, and unburned organic substances.
- Solid waste exclusive of garbage (e.g., nonrecyclable glass, metal, paper or plastic, and noncompostable plant material, wood or nonputrescible solid waste).
- The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a processing or disposal facility.
- SOLID WASTE
- Garbage, refuse and other discarded solid materials, including, but not limited to, solid waste materials resulting from industrial, commercial and agricultural operations, and from community activities. Liquids, semisolids, and contained gaseous materials are hereby defined as solid waste. It shall not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows, or other common water pollutants. In addition, it shall not include hazardous waste.
- SOLID WASTE MANAGEMENT
- The purposeful systematic control of the storage, collection, transportation, processing and disposal of solid waste.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials, including leaf waste, which are separated from municipal waste at the point of origin or generation for the purpose of recycling.
- The Township of Upper Southampton, Bucks County, Pennsylvania.
- TRANSFER STATION
- A fixed facility used for receiving refuse from collection trucks and placing it in large-volume, long-haul vehicles.
- The off-site removal of any municipal waste at any time after generation.
- YARD WASTE
- Leaf waste, as defined above and grass clippings.
Editor's Note: See 27 Pa.C.S.A. § 6201.
Editor's Note: See 35 P.S. § 6018.101 et seq.
Editor's Note: See 53 P.S. § 4000.101 et seq.
NOTE: Gravel Hill Station, Steamboat Station and Belmont Station are excluded from this definition and are classified as "residential property" for the purposes of this article.
For the purpose of this article, the singular shall include the plural and the masculine shall include the feminine and neuter.
The Upper Southampton Township Board of Supervisors shall be responsible for all aspects of municipal waste management within Upper Southampton Township.
All persons shall store, collect, haul, transport, process and dispose of any municipal waste in accordance with the provisions of this article, any applicable municipal ordinance, the Revised County Plan, Act 90, Act 101, the minimum standards and requirements established in Chapter 285 of the PADEP Municipal Waste Management Regulations, any applicable Bucks County Department of Health regulations, and/or any other federal, state, or local regulations.
No person owning or occupying any property within the Township shall permit any municipal waste to accumulate for a period of longer than seven days.
It shall be unlawful to keep or allow in or about any dwelling or upon any land or other premises within the municipality solid waste of any kind which is obnoxious or offensive by reason of dust or odor, or which attracts insects and vermin, except in covered receptacles. The cover shall be tight and flyproof; and it shall be unlawful to retain accumulation of any said solid waste so as to constitute a menace to the health and safety, it being a presumption that such a menace exists when more than seven days have elapsed after such solid waste is originally retained, accumulated or permitted to accumulate; and nothing herein contained shall be construed to permit the retention of any solid waste which is or becomes obnoxious or offensive by reason of dust or odor, or which attracts insects or vermin.
No volatile liquids, explosives, radioactive material or containers which would explode upon contact with heat or fire shall be placed for collection, except small (retail-sold) spray cans.
No hazardous waste shall be stored or placed for collection on residential properties except for small quantities of such waste normally found in the household and available on a retail basis to the homeowner.
Upper Southampton Township, or an authorized person or persons under contract by the Township, shall collect, transport, process and dispose all municipal waste generated at residential properties within the Township. In the event that the Township, or an authorized person or persons under contact by the Township, does not collect, transport, process or dispose municipal waste, then all persons owning or occupying residential properties shall contract directly with a licensed collector or licensed waste hauler for such services.
All persons owning and occupying residential properties shall make municipal waste available for collection at such times and dates as may be established by regulation.
All persons shall provide a sufficient number of containers for the collection and storage of municipal waste.
Preparation for collection. Municipal waste must be placed in a suitable container which has a tight-fitting cover and handles, is watertight and animal proof and easily carried by the collector. Containers shall not be less than 20 gallons or more than 35 gallons in capacity. The municipal waste and container combined shall weigh less than 50 pounds.
Placement of municipal waste and containers. Municipal waste and containers shall be placed at the curb or street line or at an area designated by the Township; separate from recyclable materials for collection at such times and dates as may be hereinafter established by regulation. Municipal waste and containers shall not be placed in a location which obstructs a public sidewalk or which impedes clear vision for motorists.
Times for placement and removal of containers. Municipal waste and containers shall be stored on the owner's property and shall not be placed at the curb or street line or at an area designated by the Township, for collection before 6:00 p.m. on the evening preceding a scheduled collection day. Empty containers shall be removed from the curb by 10:00 p.m. on the day of collection. Containers shall not be kept at the curb or street line or at an area designated by the Township, between scheduled collections, and they shall be stored on the owner's property in such location to be unseen from public streets or roads or from the front yards of immediate neighboring property.
When detachable containers or mechanical bins are in use, they shall be easily accessible to the collection vehicle.
All persons owning or managing multifamily housing properties, and commercial, industrial, institutional, or municipal establishments and all organizers of community activities shall establish, implement, and manage a program for the storage, collection, transportation, processing and disposal of municipal waste generated at their properties or community activities in compliance with § 149-24A above.
Frequency of collection. Municipal waste for all commercial, industrial, institutional, and municipal establishments shall be collected as often as required by generated volumes and environmental conditions, but not less than once a week.
No person shall burn or cause to be burned outdoors for purposes of disposal any municipal waste, yard waste, or recyclable materials.
The Township Manager, the Township Manager's designee, and sworn Upper Southampton Township Police Officers are hereby authorized and directed to enforce the Upper Southampton Township Municipal Waste Management Ordinance.
The Upper Southampton Township Board of Supervisors may, by resolution, establish and promulgate regulations to administer and implement this article. These regulations may be amended, by resolution, from time to time by the Upper Southampton Township Board of Supervisors.
[Amended 6-19-2012 by Ord. No. 414]
Any violation of this article shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or to imprisonment for a term not to exceed 10 days. Each day that a violation of this article continues, or each section of this article which shall be found to have been violated, shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this article, or the failure to do any act or thing as to which any provision of this article creates an affirmative duty, shall constitute a violation of this article punishable as herein stated.