[Adopted 3-3-1986 by Ord. No. 540]
This article shall be known and cited as the "Hellertown Borough
Municipal Solid Waste Ordinance."
The following words and phrases, when used in this article,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise. Words used in the present tense include
the future, the singular includes the plural, masculine shall include
the feminine gender. Use of the term "shall" indicates a mandate and
is not directory; "may" implies permissiveness.
APPLICANT
A person desirous of being authorized as a collector.
BOROUGH
The Borough of Hellertown, Northampton County, Commonwealth
of Pennsylvania.
COLLECTOR
A person authorized to collect, transport and dispose of
municipal waste from the Borough of Hellertown.
COMMERCIAL ESTABLISHMENT
Any enterprise engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, retail stores, markets, office
buildings, restaurants, shopping centers and theaters.
DISPOSAL
The incineration, deposition, injection, dumping, spilling,
leaking or placing of municipal waste into or onto 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.
DISPOSAL SITE
Any site, facility, location, area or premises to be used
for the disposal of municipal waste.
GARBAGE
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparing, cooking and consuming of
foods.
INDUSTRIAL ESTABLISHMENT
Any enterprise engaged in manufacturing or processing, including,
but not limited to, factories, foundries, mills, processing plants,
refineries and the like.
INSTITUTIONAL ESTABLISHMENT
Any enterprise engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
MANAGEMENT
The entire process, or any part thereof, of storage, collection,
transportation, processing, treatment and disposal of municipal waste
by any person engaging in such processes.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from the operation of residential, municipal,
commercial or institutional establishments, and from community activities,
and any sludge not meeting the definition of residual or hazardous
waste from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air-pollution-control facility.
(Pennsylvania Solid Waste Management Act, Act 97, § 103.)
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency, or any other legal entity whatsoever
which is recognized by law as being subject to the rights and duties
of a person.
PROCESSING
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all such waste materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities,
incinerators, recycling facilities and resource-recovery facilities.
REFUSE
The collective term which applies to all garbage, rubbish,
ashes, leaves and grass trimmings from residential, municipal, commercial
or institutional premises.
REGULAR
Occurring with a frequency of not less than three times within
a calendar month.
SOLID WASTE
Any waste, including but not limited to municipal, residual
or hazardous wastes including solid, liquid, semisolid or contained
gaseous materials. (Pennsylvania Solid Waste Management Act 97, § 103.)
STORAGE
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute "disposal" of such waste; it
shall be presumed that the containment of any municipal waste in excess
of one-year constitutes disposal.
TRANSPORTATION
The off-site removal of any municipal waste generated or
present at any time from the corporate limits of the Borough of Hellertown.
It shall be the duty of every owner of property and of every
person occupying any dwelling unit, premises or place of business
within the corporate limits of the Borough where municipal waste is
produced and is accumulated by his own expense and cost to provide
and keep, at all times, a sufficient number of containers to hold
all municipal waste which may accumulate during the intervals between
the collection of such municipal waste by an authorized collector.
[Added 4-18-1988 by Ord. No. 555]
It shall be a violation of this article for any person who is
not a resident of the Borough of Hellertown to dispose of any garbage,
refuse and/or solid waste at any of the various facilities owned by
said Borough and maintained for the use and convenience of the residents
of the Borough, unless such garbage, refuse and/or solid waste originated
from within the corporate limits of the Borough and was generated
by residents of the Borough.
It shall be unlawful for any person, other than such persons
as are duly authorized by the Borough of Hellertown, to collect and
transport solid waste of any nature as a regular hauling business
within or from the Borough of Hellertown. Authorization to engage
in such a hauling business shall be given by the Borough of Hellertown.
Authorization to collect, transport and dispose of municipal
waste for persons other than oneself may be given only by the Borough
of Hellertown through the issuance of a license. All applications
for licensing shall be approved in accordance with the following:
A. Eligible persons. Municipal solid waste collection licenses may be
issued only to those persons who can provide evidence, satisfactory
to the Borough, that they are capable of providing the necessary services
and can comply with the provisions and intent of this chapter. The
Borough of Hellertown reserves the right to disapprove any application
for such a license and to revoke any license issued upon the failure
of any licensee to maintain full compliance with the provisions of
this article.
B. Application procedure. Applicants for a municipal solid waste collection
license must furnish the following information:
(1) The make, model, vehicle registration number and the size of each
vehicle to be used for the collection and transportation of wastes.
(2) The location, address and telephone number of the business office
of the applicant.
(3) The business name of the applicant, together with the name(s) and
address(es) of the principals, owners and/or officers of the business/applicant.
(4) A certificate of insurance documenting the applicant's workers'
compensation insurance coverage as required by law.
(5) A certificate of insurance documenting that the applicant carries
complete third-party comprehensive, bodily injury and property damage
liability insurance, the limits of which shall not be less than $100,000/$300,000
for bodily injury and $50,000 for property damage.
(6) Any and all other information and documentation which the Borough
of Hellertown may request and deem necessary prior to the issuance
of a license.
C. Issuance. Licenses shall be issued on a calendar-year basis, but
may be revoked at any time by the Borough of Hellertown for the failure
of the licensee to maintain full compliance at all times with the
provisions of this article.
D. Fees. The fee for a hauler's license shall be set by the Council
of the Borough of Hellertown, and the amount thereof shall be disclosed
to any applicant or other person upon request. Said fee may be amended,
from time to time, at the discretion of the Council of the Borough
of Hellertown through the adoption of a resolution for that purpose.
E. License and capacity. Each vehicle so licensed pursuant to the terms
of this article at all times shall display the name, address and telephone
number of the licensee and the cubic yard capacity of the vehicle's
body. The licensee shall ensure that the license, or a copy thereof,
is maintained within each vehicle so licensed and to which said license
applies.
Any person transporting solid waste within the Borough of Hellertown
shall prevent or remedy any spillage from vehicles or containers used
in the transport of such solid waste.
All municipal waste produced, collected and transported from
within the jurisdictional limits of the Borough of Hellertown shall
be, to the extent permitted by law, disposed of at disposal facilities
designated by the Borough and in accordance with any currently effective
solid waste management plan of the Borough of Hellertown. In the absence
of such designated facilities and/or such currently effective solid
waste management plan, municipal waste from the Borough must be disposed
of at a state-permitted facility.
Should the Borough of Hellertown designate the disposal facilities as provided for in §
367-12 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 municipal waste collected, transported, removed and disposed.
Nothing contained herein shall be deemed to prohibit any residential
property occupant not regularly engaged in the business of collecting
municipal waste from hauling his own municipal waste, on an irregular
and unscheduled basis, to a state-permitted disposal facility.
Nothing contained herein shall prohibit a farmer from carrying
out the normal activities of his farming, including composting and
spreading of manure or other farm-produced agricultural waste.
The provisions of this article do not apply to anything but
the storage, collection, transportation and disposal of municipal
waste and do not apply, therefore, to hazardous or residual waste,
as defined by the Pennsylvania Solid Waste Management Act.
The Council of the Borough of Hellertown shall have the power
to establish a schedule of service fees and penalties for the provision
of waste collection, removal and transportation services and to establish
a system for the collection of those fees and penalties from service
subscribers. Said Council also shall have the power to amend the schedule
of fees and penalties and/or the fee collection system from time to
time as may be deemed necessary. Said schedules and amendments shall
be accomplished by the adoption of a resolution which shall be attached
hereto as an appendix and made a part hereof by this reference.
The legal and/or equitable owner(s) of the real estate from
which the municipal waste is collected, removed and transported shall
be responsible to pay, and shall pay, the fees, fines and penalties
as may be imposed properly pursuant to the various provisions of this
article.
[Amended 4-18-1988 by Ord. No. 555]
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 less then $25 or more than $1,000 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 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.
In addition to the foregoing penalties, the Borough of Hellertown
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 his receipt of a written notice to do so,
the Borough 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.
The imposition of the penalties and/or remedies herein prescribed
shall not preclude the Borough of Hellertown 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 of the provisions
hereof.
This article shall be subject to all applicable federal, state
and local laws, ordinances, rules and regulations, including the rules
and regulations as set forth by the Department of Environmental Protection,
Commonwealth of Pennsylvania.
[Adopted 5-20-1991 by Ord. No. 574]
This article shall be known and cited as the "Hellertown Borough
Recycling Ordinance of 1991."
The Borough may enter into agreements with public or private
agencies or firms, granting authorization to them to collect all or
part of the specified recyclable materials from curbside or elsewhere,
as designated by the Borough.