Borough of Northampton, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Northampton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 135.
Property maintenance — See Ch. 180.
[Adopted 4-7-2011 by Ord. No. 1178]
This article shall be known as the "Borough of Northampton Municipal Solid Waste Ordinance."
The following words, when used in this article, shall have the following meanings ascribed to them except in those instances where the context clearly indicated otherwise:
ASHES
The residue from the burning of wood, coal, coke or combustible materials.
COLLECTION SITE
The location and time for each customer in the Borough at which collection services are performed, as hereinafter set forth.
GARBAGE
The fruit and vegetable waste resulting from the handling, preparation, cooking and consumption of foods and the residue from the fruit trees located on the premises.
HAZARDOUS WASTE
Any solid waste which is within the definition of "hazardous waste" set forth in Section 103 of the Solid Waste Management Act, Act of July 2,1980, P.L. 380, No. 97.[1]
LIGHT COMMERCIAL
Any small business that pays a fee to the Borough for collection. Examples include: insurance office, professional office, investment office, small banks, etc.
PERSON
A natural person, firm, co-partnership, association, school, church, institution, or corporation, or other lawful entity.
PUBLIC NOTICE
A notice to the public or persons affected to be done by newspaper of local distribution.
RECYCLABLE
Newsprint, telephone books, aluminum cans, amber, green and clear glass, PET/HDPE plastic beverage containers, large appliances (white goods), and bimetal cans.
REFUSE
Garbage, ashes, rubbish and riffraff as herein defined.
RESIDENT
Any person residing in the Borough.
RESIDENTIAL UNIT
Any single-family, double-family or apartment dwelling, churches, convents, cemeteries, and buildings owned by the municipality.
RIFFRAFF/BULK ITEM
All waste material which is too large for collection in a twenty-gallon container. Examples include: furniture, toilets, sinks, tubs. Will be limited to one item per week per resident. One bundle construction debris per week not exceeding 50 pounds or three feet in length.
RUBBISH
Paper, rags, street sweepings, dead animals, excelsior, straw, boxes, old clothes, old shoes, leather scrap, oil cloth, carpet, grass, trash and any and all other inflammable waste materials which result from the ordinary conduct of housekeeping.
SOLID WASTE
Garbage, ashes, rubbish, riffraff, hazardous waste, white goods, and recyclable materials.
WHITE GOODS
Refrigerators, freezers, air conditioners, hot water tanks, stoves, dishwashers, washers, dryers, and will be picked up on a call to the Borough Office. All Freon must be professionally removed and a sticker applied stating that all Freon has been removed.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A. 
Storage of municipal waste. It shall be the duty of every owner of property and every person occupying any dwelling unit, premises or place of business within the Borough where municipal solid 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 solid waste which may accumulate during the intervals between collection of such municipal solid waste by an authorized solid waste collector.
B. 
Storage on residential properties.
(1) 
Containers. All municipal solid waste accumulated by owners of each 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.
(2) 
Location of containers. Each municipal solid 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, unless specific alternate arrangements are made with the collector. Failure to place containers at such locations may result in discontinuance of service. Said containers shall be removed from the above collection locations immediately after collection.
C. 
Storage on commercial, institutional and industrial properties.
(1) 
Containers. Storage of municipal solid waste on commercial, institutional and industrial properties shall be placed in the same type of containers as are required for residential properties except where the accumulation for each commercial, institutional or industrial property precludes their use, in which case such owner or occupant shall make special arrangements with the authorized collector for the storing of such additional quantities. Such special arrangements shall include the following:
(a) 
The type of special bulk container to be furnished by the collector and as may be approved by the Borough.
(b) 
The number of such containers shall be agreed to between the collector and such owner or occupant of the commercial, institutional or industrial property to be used in any collection period.
(2) 
Location of containers. Containers for collection at commercial, institutional and industrial properties shall be located on such premises at a place agreed upon by such owner or occupant of the commercial, institutional and industrial property and the authorized collector and shall not be unsatisfactory to the Borough. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways or entrances and exits of public or private buildings. Said containers shall be removed from the above collection locations immediately after collection.
D. 
Collection times.
(1) 
The set collection times within the Borough shall be, as follows:
(a) 
Monday: 1st Ward.
(b) 
Tuesday: 2nd Ward.
(c) 
Wednesday: 4th Ward and part of 3rd Ward (North of 10th Street).
(d) 
Thursday: Remainder of 3rd Ward.
(2) 
Collection times may be modified by Borough Council, by resolution, from time to time, by public notice.
E. 
Transportation of solid waste. Any person transporting solid waste within the Borough shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.
F. 
Disposal of municipal solid waste.
(1) 
Designated facilities. All municipal solid waste produced, collected, and transported from within the jurisdictional limits of the Borough shall be, to the extent permitted by law, either recycled or disposed of at Pennsylvania State-permitted disposal site(s) designated by the collector.
(2) 
If the Borough designates the disposal facilities as provided for above, all authorized collectors and other interested persons shall be informed by the Borough of the location and other information pertaining to the designated disposal facilities to be used for the disposal of municipal solid waste collected, transported, removed and disposed of from within the Borough.
G. 
Exclusions.
(1) 
Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal solid waste from hauling his own municipal solid waste on an irregular and unscheduled basis, to a state-permitted disposal facility.
(2) 
The provisions of this article do not apply to anything but the storage, collection, transportation and disposal of municipal solid waste and do not apply, therefore, to hazardous or residual solid waste as defined by the Pennsylvania Solid Waste Management Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
H. 
Regulations. Borough Council may, by resolution, from time to time, authorize a collection point or container for use of residents of the Borough for depositing such items of municipal solid waste, refuse, and/or solid waste as may be designated in said resolution. It shall be a violation of this section for any person other than such other persons as may be designated in the resolution authorizing the collection point or container to deposit any item at the collection point or container and for any person to deposit at such collection point or container any item other than such item designated in the resolution authorizing the collection point or container.
I. 
Collection reports. Solid waste collector is required to provide to the Borough a monthly report for the mainstream solid waste collection and a separate monthly report for the mainstream recyclable collection.
J. 
Violations and penalties; remedies.
(1) 
Any person who shall violate any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not more than $600; and/or imprisonment for a term not to exceed 30 days. Every violator of the provisions of this section 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 section for each and every such separate offense.
(2) 
In addition to the foregoing penalty, the Borough 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 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; including, but not limited to, attorney fees, costs and all municipal expenses expended to remediate the foregoing.
K. 
Dumping and depositing of solid waste.
(1) 
Depositing on street, highways and alleys prohibited. It shall be unlawful for any property owner, real estate occupier, lessee, tenant, householder or other person or persons to deposit, store, throw, place, dump or cause to be deposited, stored, thrown, placed or dumped, any garbage, rubbish or refuse on any street, state highway, federal highway or private alley or other public property within the Borough.
(2) 
Penalty. Any person, who shall violate any provision of this subsection shall, upon conviction thereof, be sentenced to pay a fine of not more than $600; and/or to imprisonment for a term not to exceed 30 days.
A. 
Borough of Northampton, Northampton County, Recycling Program. The Borough hereby establishes and implements a source separation and collection program for recyclable materials in accordance with Act 101 (the Municipal Waste Planning, Recycling and Waste Reduction Act[1]). The source separation and collection program shall include the following regulations:
(1) 
Designated materials for residential source separation.
(a) 
Designated recyclables for this program shall consist of the following materials:
[1] 
Clear glass.
[2] 
Colored glass (green and brown).
[3] 
Plastic PET and HDPE (No. 1 and No. 2).
[4] 
Aluminum cans.
[5] 
Steel and bimetal cans.
[6] 
Newspaper.
(b) 
Designated materials for commercial industrial/institutional source separation. Designated recyclables for this program shall consist of the following materials:
[1] 
Clear glass.
[2] 
Colored glass (green and brown).
[3] 
Plastic PET and HDPE (No. 1 and No. 2).
[4] 
Aluminum cans.
[5] 
Steel and bimetal cans.
[6] 
Corrugated paper.
[7] 
Leaf waste.
[8] 
High-grade office paper.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B. 
Administration. The Borough Council shall establish and promulgate, by resolution, reasonable regulations as to the manner, days and times for the collection of recyclable materials in accordance with the terms for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this section. The Borough Council may inspect all containers, vehicles, equipment, transfer stations, disposal sites books and records pertaining to recycling, all authorized collectors, storers, processors and disposers are subject to inspection by the Borough.
C. 
Criminal penalties. Any person who violates any provision of this article shall, upon conviction thereof, be sentenced to pay a fine, plus costs of prosecution, of $600.
A. 
Imposed upon residents. The fees and payment intervals for collection and disposal of solid waste and refuse within the Borough limits shall be imposed upon the owner of each residential property, as provided in the current fee schedule, which shall be amended and adopted by resolution of Borough Council from time to time. Public notice of the fee schedule shall be made by the Borough Council.
B. 
Collection of fees. All such owners shall pay collection fees at the following rates:
(1) 
A base fee of $305 per year is due and payable on or before March 31 of the collection year.
(2) 
Early payment discount. The base fee shall be reduced $25 if paid on or before February 15 of the collection year.
(3) 
Senior discount. Seniors who are of the age of 65, prior to the commencement of the collection year, who also own and live in their home, shall receive a discount of $30 from the base fee. Said payment is due and payable on or before March 31 of the collection year. Seniors who are entitled to receive said discount are also entitled to the early payment discount, as set forth in Subsection B(2) above.
(4) 
If no payment is received on or before March 31, of the collection year, such payment shall be considered delinquent and shall be subject to collection procedures as set forth in Subsection C below.
(5) 
If a property becomes subject to delinquency of the fee imposed by this section during a calendar year, said property will be assessed an initial 10% penalty. Interest will be assessed upon delinquent municipal claims at a rate of 10% per annum, and added to the Borough's claim.
[Amended 3-3-2016 by Ord. No. 1203; 4-16-2015 by Ord. No. 1201[1]]
[1]
Editor's Note: The text of Subsection B(5) reflects the amendment found in Ord. No. 1203, which amended Ord. No. 1201.
(6) 
Fees to be added to the unpaid claims. The Borough hereby approves the following fee schedule for the collection of the unpaid claims, which fees shall be added to the unpaid claims.
[Added 4-16-2015 by Ord. No. 1201]
(a) 
Notice expense. A charge, not to exceed $50 plus postage, shall be added to the unpaid claims for providing notice of delinquency pursuant to § 7101 of the Act. The Borough may hire a private company to perform this service and add the amount of this charge to the unpaid claims.
(b) 
Legal fees.
Type
Fee
Initial review and sending first demand letter
$160
File lien and prepare satisfaction
$250
Prepare writ of scire facias
$250
Obtain reissued writ
$30
Prepare and mail letter under Pa. R.C.P. 237.1
$30
Prepare motion for alternate service
$250
Obtain vehicle identification number (VIN) for mobile home
$35
Prepare discovery in preparation for trial
$100
Prepare pretrial memorandum
$150
Prepare motion for judgment for want of sufficient affidavit of defense pursuant to 53 P.S. § 7271
$150
Prepare default judgment
$175
Prepare writ of execution
$800
Attendance at sale; review schedule of distribution and resolve distribution issues
$400
Continue sheriff sale
$50
Prepare petition to assess damages
$50
Prepare petition for free and clear sale
$400
Services not covered above
At an hourly rate between $60 and $275 per hour
(c) 
Collection fees.
Type
Fee
Bookkeeping fee for payment plan of 3 months or less
$25
Bookkeeping fee for payment plan of more than 3 months
$50
Guaranteed payoff fee
$25
Handling fee for returned check
Bank charge, if any
(7) 
Costs to be added to the unpaid claims. In addition to the fees set forth in Subsection B(6) above, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions and fees incurred in collection, including, but not limited to, postage, title searches, VIN searches, prothonotary fees and charges, and sheriff fees, shall be added to the unpaid claims.
[Added 4-16-2015 by Ord. No. 1201]
(8) 
Credit card and debit card charges. The Borough and any attorney or private collector collecting the unpaid claims on behalf of the Borough are hereby authorized to accept payment of the unpaid claims by credit card or debit card. Where payment is made by credit card or debit card, any fees charged by the credit card or debit card company and/or the credit card or debit card servicing agent shall be charged immediately to the credit card or debit card used to make payment. This applies to credit card or debit card payments made by mail, telephone, over the internet, or in person.
[Added 4-16-2015 by Ord. No. 1201]
(9) 
Collection Procedures. The following collection procedures are hereby established in accordance with the Act.
[Added 4-16-2015 by Ord. No. 1201]
(a) 
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an unpaid claim account, the Borough or its designee shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the property owner or other entity liable for the account (the "property owner").
(b) 
If the certified mail notice is undelivered, then, at least 10 days prior to assessing or imposing such attorney fees, the Borough or its designee shall mail or cause to be mailed, by first-class mail, a second notice.to the property owner.
(c) 
All notices required by this section shall be mailed to the property owner's last known post office address as recorded in the records or other information of the Borough or such other address obtained by the Borough from the county tax assessment office.
(d) 
Each notice as described above shall include the following:
[1] 
The type of municipal claim or other charge, the year that it became due and the amount owed, including penalty and interest;
[2] 
A statement of the Borough's intent to impose or assess attorney fees no earlier than 30 days after receipt of the first notice, or no earlier than 10 days after receipt of the second notice;
[3] 
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account; and
[4] 
The place of payment for accounts and the name and telephone number of the Borough's representative designated as responsible for collection matter.
(10) 
Related action. The proper officials of the Borough are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this section.
[Added 4-16-2015 by Ord. No. 1201]
(11) 
Appointment of Solicitor. The Borough appoints Michelle R. Portnoff, Esquire, as Solicitor for the limited purpose of collecting the unpaid claims and hereby authorizes her, and attorneys under her supervision, to sign any and all documents, including municipal claims and liens, on behalf of the Borough.
[Added 4-16-2015 by Ord. No. 1201]
(12) 
Inconsistent ordinances. All ordinances or parts of ordinances conflicting with any of the provisions of this section are hereby repealed insofar as same affects this section.
[Added 4-16-2015 by Ord. No. 1201]
(13) 
Effective date. This section shall become effective immediately upon adoption.
[Added 4-16-2015 by Ord. No. 1201]
C. 
Enforcement of collection.
(1) 
All bills for solid waste collection and recycling shall be due and payable as set forth in the preceding Subsection B. Any payment deemed delinquent pursuant to Subsection B shall be a municipal lien on such property charged with the payment thereof and the proper officers of the Borough are authorized and directed to do all things and to take any action provided by law to enforce collection of delinquent fees established and imposed and otherwise to carry out the provisions of this section. In addition, the Borough may recover reasonable attorney's fees, court costs, and any other expense of the costs of collection of the fees imposed hereunder.
(2) 
It is the intention of Borough Council that each separate provision of this article shall be independent of all other provisions herein and it is further the intention of said Council that if any of the provisions herein of this article be declared to be invalid all of the other provisions hereof shall remain valid and in force.