[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-12-1970 by Ord. No. 194 (Ch. 20, Part 1, of the
1983 Code of Ordinances); amended in its entirety 5-12-2011 by Ord. No.
2011-05]
This article shall be known and cited as the "Walnutport Borough
Municipal Solid Waste Ordinance." The Borough of Walnutport shall
be solely and exclusively responsible for the collection, transportation
and disposal of solid waste within the Borough of Walnutport and shall
designate the sole collector of municipal waste within the Borough.
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.
A building arranged, designed and intended for occupancy
by two or more families living independent of each other, doing their
own cooking therein.
Plastic sacks designed to store solid waste with sufficient
wall strength to maintain physical integrity when lifted by the top.
Total weight of a bag and its contents shall be determined by Borough
Council from time to time by resolution.
[Amended 9-11-2014 by Ord. No. 2014-03]
Metal receptacle designed to be lifted and emptied mechanically
for use only at commercial, industrial and institutional establishments.
The Borough of Walnutport, Northampton County, Commonwealth
of Pennsylvania.
Tree shrub or brush trimmings or newspaper and magazines
securely tied together forming an easily handled package not exceeding
three feet in length or 50 pounds in weight.
A person authorized by the Borough of Walnutport to collect,
transport and dispose of municipal waste from the Borough of Walnutport.
Any establishment engaged in a non-manufacturing or non-processing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, apartment buildings, theaters and churches.
Any commercial establishment containing a residential dwelling shall
be considered a commercial establishment.
Scrap lumber, pipe and other construction materials from
construction or remodeling.
A receptacle with a capacity to be determined by Borough
Council from time to time by resolution construed of plastic, metal
or fiberglass; having handles of adequate strength for lifting and
having a tight-fitting lid capable of preventing entrance into the
container by vectors. The mouth of the container shall have a diameter
greater than or equal to that of the base. The weight of the container
and its contents shall not exceed an amount to be determined by Borough
Council from time to time by resolution.
[Amended 9-11-2014 by Ord. No. 2014-03]
The person, corporation or partnership performing municipal
solid waste collection and disposal or recycling with the Borough.
Lumber, pipes, bricks, masonry and other construction materials
from razed structures.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of municipal waste into or onto the land or water
in a manner that the water 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 municipal waste.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparing, cooking and consuming foods.
Any chemical, compound, mixture, substance or article which
is designated by the United States Environmental Protection Agency
or appropriate agency of the Commonwealth to be "hazardous" as that
term is defined by or pursuant to federal or commonwealth law.
Any enterprise 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.
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.
Any garbage, bulk waste, refuse, industrial lunchroom or
office waste and other material including solid, liquid, semisolid
or containing gaseous material resulting from the operation of residential,
municipal, commercial, industrial or institutional establishments
and from community activities and any sludge not meeting the definition
of residual or institutional water supply treatment plant, wastewater
treatment plant or air pollution control facility contained in Pennsylvania
Solid Waste Management Act 97, Sec. 103, and as amended.[1]
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.
Any technology used for the purpose of reducing the volume
of bulk of municipal waste or any technology used to convert part
or all such waste materials for off-site refuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities,
incinerators, recycling facilities and resource-recovery facilities.
Any occupant of a commercial, industrial, institutional or
residential establishment who generates municipal solid waste.
Refuse utilized or marketed for reuse or reprocessing rather
than disposed for in a disposal site.
The collective term which applies to all garbage, rubbish,
ashes, leaves and grass trimmings from residential, municipal, commercial
or institutional premises.
Occurring with a frequency of not less than three times within
a calendar month.
Any premises utilized primarily as a residential dwelling
unit, including but not limited to homes and mobile homes; apartments
are considered commercial establishments. A commercial establishment
containing not more than two residential dwelling units may elect
to have the residential units considered a residential establishment
by written notice to the Borough Secretary.
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
and as amended).[2]
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.
The off-site removal of any municipal waste generated or
present at any time from the corporate limits of the Borough of Walnutport.
A dwelling unit within the Borough of Walnutport which is
unfit to live in and/or which is not receiving municipal water and/or
sewer service.
Leaves, tree limbs, bushes, shrubs, grass trimmings and other
plant waste generated by residential, municipal, commercial, industrial
or institutional establishments.
It shall be the duty of every owner of property which contains
a dwelling unit 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.
A.
Containers. All municipal waste accumulated by owners of each residential
property and/or 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 be determined by Borough Council from time to
time by resolution. Containers holding solid waste for pickup by the
hauler shall be placed curbside no earlier than 24 hours prior to
pickup and be removed from the curbside within 24 hours after pickup.
[Amended 9-11-2014 by Ord. No. 2014-03; 11-12-2015 by Ord. No. 2015-03]
B.
Location of containers. Each waste container shall be located so
as to be accessible to the collector at ground level and at the curbline
of the street or within no less than 10 feet of the public street
or alley right-of-way from which the collection from a vehicle can
be made. Failure to place containers at such prescribed locations
may result in the discontinuance of collection services.
A.
Containers. Storage of municipal 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
in an amount to be determined by Borough Council from time to time
by resolution may be used where needed to accommodate larger volumes
of municipal wastes. Such containers shall be maintained in good working
order.
[Amended 9-11-2014 by Ord. No. 2014-03]
B.
Location of containers. Containers for the collection of wastes at
commercial, institutional and industrial premises shall be located
on such premises at a place which shall not interfere with public
or private sidewalks, driveways, roads, streets, alleys, highways
or entrances and exits from public or private buildings.
A.
Disposal prohibited. No person shall dispose or discard any waste
upon any of the streets, alleys and public ways and properties of
the Borough except by placing the same in the receptacles along the
public streets, alleys and public ways and properties of the Borough
for the incidental use by and the convenience of the public. It shall
be specifically prohibited for any person to bury any waste or burn
any waste upon one's property to avoid the requirements of this
article.
B.
Applicability. Northing contained elsewhere in this article shall
prohibit the disposal of waste in the receptacles placed by the Borough
along the public streets, alleys and public ways and properties of
the Borough for the convenience of the public so long as that use
is confined to incidental use.
A.
It shall be a violation of this article for any person who is not
a resident of the Borough to dispose of any waste by placing it within
the container(s) used or provided by any resident of the Borough in
compliance with the various provisions of this article.
B.
It shall be a violation of this article for any resident of the Borough
to permit, knowingly, any nonresident to utilize any container used
or provided by such resident for the disposal of waste generated from
without the corporate limits of the Borough.
A.
Residential services. The contractor shall provide residential curbside
collection of municipal waste one time per week, year round. The contractor
shall also provide residential curbside collection of recyclables
one time per week (on the same day as municipal waste collection),
year round. There shall be no limit on the number of bags of municipal
waste collected per pickup.
B.
Commercial services. Any commercial unit can elect to employ any
refuse contractor to collect and dispose of their total refuse requirements
at their sole expense provided the contractor complies with all applicable
regulations of the Commonwealth of Pennsylvania, Department of Environmental
Protection and is licensed with Northampton County.
It shall be unlawful for any person, other than such persons
as are duly authorized by the Borough of Walnutport, to collect and
transport residential solid waste of any nature within or from the
Borough of Walnutport. Authorization to engage in such a hauling business
shall be given by the Borough of Walnutport.
Any person transporting solid waste within the Borough of Walnutport
shall prevent or remedy any spillage from vehicles or containers used
in the transport of such solid waste.
All municipal waste collected for disposal by the contractor
shall be hauled to the disposal site or sites specified by the Borough
or such other disposal site as may subsequently be approved by the
County of Northampton, Pennsylvania. The charge for disposal shall
be included in the rates set forth in the proposal for each establishment
serviced by the contractor.
The contractor chosen by the Borough shall have the sole and
exclusive franchise, license and privilege to provide municipal solid
waste collection, removal and disposal services for residential waste
within the corporate limits of the Borough.
Title to municipal solid waste shall pass to the contractor
when placed in the contractor's collection vehicle, removed by
the contractor from a customer's premises, whichever occurs first.
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.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
and as amended.
The Council of the Borough of Walnutport 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 accompanied 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 containing
a residential establishment shall be responsible to pay, and shall
pay, the fees, fines and penalties as may be imposed pursuant to the
provisions of this article. A residential establishment is exempt
from this section only if it is an unoccupied dwelling unit as defined
pursuant to this article.
[Amended 2-9-2012 by Ord.
No. 2012-03]
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 than $150 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.
A.
In addition to the foregoing penalties, the Borough of Walnutport
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.
B.
Upon the failure to comply with the terms and conditions of this
article, the Borough may, after notice, collect the costs thereof
and 10% additional as interest, together with all charges and expenses
and may file a municipal claim thereof or collect the same by action
in assumpsit.
Whenever a condition constituting a violation of this article
occurs, the Borough shall cause written notice to be served upon the
owner in one of the following manner:
A.
By making personal delivery of the notice to owners;
B.
By handling a copy of the notice at the residence of the owner to
an adult member of the family with which he resides, but if no adult
member of the family is found, then to an adult person in charge of
such residence;
C.
By fixing a copy of the notice to the door at the entrance of the
premises in violation; or
D.
By mailing a copy of the notice to the last known address of the
owner by certified mail and regular mail.
The imposition of the penalties and/or remedies herein prescribed
shall not preclude the Borough of Walnutport 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 12-16-1985 by Ord. No. 85-5 (Ch. 20, Part 2, of the
1983 Code of Ordinances)]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
All containers made from silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packaging
or bottling of various matter and all other material commonly known
as glass.
Shall be deemed to include 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. Magazines and
periodicals as well as all other paper products of any nature are
not considered newspaper.
Commercial, industrial, institutional and municipal establishment.
Nonresidential facilities shall also include events which are sponsored
either by a private entity or in whole or in part by a municipality
that will be attended by 200 or more individuals per day.
[Added 1-10-2013 by Ord. No. 2012-16]
Includes office and mixed paper, office paper, cardboard
and flat board newspapers, including colored inserts, empty aerosol
cans, junk mail, manila and brown folders, glossy paper and magazines,
telephone books, bimetal, tin, steel containers and aluminum cans,
clear, green and brown glass bottles and jars, and plastic (Numbers
1, 2, 3, 4, 5, 6 and 7). Excluded are hazardous waste, medical waste,
syringes, food waste, toner cartridges, glass panes, Pyrex, food containers,
and all styrofoam products.
[Amended 1-10-2013 by Ord. No. 2012-16]
Materials that are separated from municipal waste at a point
of origin for the purpose of recycling. The term is limited to those
items as set forth in the definition of "recyclables."
[Added 1-10-2013 by Ord. No. 2012-16]
There is hereby established a resource recovery program for
the mandatory separating of recyclables from garbage and rubbish in
the Borough of Walnutport. Exception to above to exclude all business
places which lease, rent or own a solid waste container that has to
be dumped by mechanical means or a very large container that has to
be hauled away by truck or a body specially constructed for that purpose.
[Amended 1-10-2013 by Ord. No. 2012-16]
Recyclable material. Every residential property and nonresidential facility in the Borough of Walnutport shall be required to separate the recycling materials listed in § 377-22, Definitions, and as amended by the Borough from time to time by resolution. All recyclable material must be kept separate and apart from all of the other municipal solid waste generated by any person or nonresidential business. No person or nonresidential business may dispose of such recyclable materials with any other municipal solid waste. All residential establishments shall dispose of their recycling materials utilizing the Borough's designated recycling hauler. All nonresidential establishments shall be required to take appropriate steps to dispose of their recycling materials with an appropriate hauler which shall transport said recyclable materials to an appropriate licensed recycling center.
[Added 1-10-2013 by Ord. No. 2012-16[1]]
A.
Every
authorized collector of recyclable materials shall submit an annual
recycling report, as prepared by the Commonwealth of Pennsylvania
Department of Environmental Protection Bureau of Waste Management,
to the Borough of Walnutport. Reports shall be submitted by February
1 of each year. The residential recyclable report shall be provided
by the Borough-designated recycling center. For all nonresidential
facilities, the recycling collector for each nonresidential facility
shall file said report. Each report shall state for the reporting
period the quantity, in tons, of each recyclable material collected
within the Borough of Walnutport.
B.
At a minimum,
all residential and nonresidential establishments are required to
recycle the following recycling materials:
(1)
(2)
Additional
recyclables may be added to the list from time to time, by resolution
at the discretion of the Borough of Walnutport.
[Added 1-10-2013 by Ord. No. 2012-16; amended 11-12-2015 by Ord. No. 2015-03]
Title to residential recyclable materials shall remain the property
of the Borough of Walnutport from the point of collection by the Borough-designated
recycling collection hauler and until transported to the designated
recycling facility. Title to the recyclables shall pass from the Borough
to the Borough-designated recycling center when deposited by the Borough's
recycling hauler at the recycling facility. Containers holding recyclables
for pickup by the hauler shall be placed curbside no earlier than
24 hours prior to pickup and be removed from the curbside within 24
hours after pickup.
[Amended 1-10-2013 by Ord. No. 2012-16]
A.
From the time of placement of recyclables at the curb or in recycling
shelters for collection in accordance with the terms hereof, items
shall be and become the property of the Borough of Walnutport. It
shall be a violation of this article for any person unauthorized by
the Borough to collect or pick up, or cause to be collected or picked
up, any such items. Any and each such collection in violation hereof
from one or more locations shall constitute a separate and distinct
offense punishable as hereinafter provided.
B.
It shall be unlawful for a person to collect, remove or dispose of recyclables as defined in § 377-22. The Borough Council, or its agent, is empowered to designate the day(s) of the month on which recyclables shall be collected, removed and disposed of from a particular area.
C.
It shall be unlawful for a person to collect, remove or dispose of
any recyclables which were placed in a recycling container for collection
by the Borough-designated waste hauler which were not owned by the
person prior to placement of the recyclables curbside.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$300 and costs of prosecution, or, in default of payment of such fine
and costs, to undergo imprisonment for not more than 30 days. Provided:
each violation of any provision of this article and each day the same
is continued shall be deemed a separate offense.
