This chapter shall provide a mandatory recycling program and
govern all aspects of the collection, storage, transportation, processing
and disposal of municipal solid waste in Pocono Township. It contains
regulations applicable to haulers of municipal waste, collectors of
recyclables, individuals, commercial, municipal and institutional
establishments and community activities.
The purpose of this chapter is to establish a program for the
mandatory source separation and separate collection of designated
recyclable materials from residences and properties receiving municipal
waste collection services from or on behalf of the Township of Pocono
for recycling purposes; to prohibit the disposal of designated recyclable
materials into the conventional municipal waste disposal system; and
to empower the Township to promulgate and adopt reasonable rules and
regulations therefor and to fix penalties for violation of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
One who performs an act for his immediate family or for another
person gratuitously (without any form of monetary or material compensation
therefor).
Empty, all-aluminum beverage and food containers.
A person desirous of being licensed as a hauler or of being
issued a recyclable collection permit, as the case may be.
A licensed hauler (as defined herein); a recyclable collection
permittee (as defined herein); or a person who, being so authorized
by the terms of this chapter, removes municipal waste or recyclables
from his own premises, as owner of the building or commercial, municipal
or institutional establishment or community activity conducted therein
or as an agent (as defined herein) of another person.
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.
Any person who collects municipal waste or recyclables.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation or financial or professional service or office enterprise,
business or establishment.
Recyclables mingled or blended together, placed in the same
container.
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 100 or more individuals per
day.
The process of the biological decomposition of organic solid
waste which is biologically decomposed under controlled anaerobic
or aerobic conditions to yield a humus-like product.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, of the type normally used to make packaging
cartons and boxes, excluding wax coating.
A method of collection of residentially generated recyclables
by which the owners or occupants of certain residential properties
may dispose of their recyclables by placing them at curbside at times
designated by the licensed haulers, for collection and removal by
an authorized collector thereof for delivery to a recycling center.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of municipal waste into or on the land or water
in a manner such that the municipal waste or a constituent thereof
enters the environment, is emitted into the air or is discharged to
the waters of the Commonwealth of Pennsylvania.
Any site, location, area, building, structure, transfer station
or premises to be used for municipal waste disposal.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
All empty food and beverage jars or bottles, the product
being transparent or translucent (either clear, green or brown). Expressly
excluded are non-container glass, window or plate glass, light bulbs,
blue glass and porcelain and ceramic products.
Bond, copier, letterhead or mimeograph paper typically sold
as white ledger paper and computer paper.
Of or pertaining to any establishment engaged in service
to persons, including but not limited to hospitals, nursing homes,
schools, universities, churches and social or fraternal societies
and organizations.
The owner of residential property or such owner's authorized
agent.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
A person licensed by the Township to collect, haul and transport
municipal waste and recyclables for the purpose of disposal.
Printed matter, also known as "periodicals," containing miscellaneous
written pieces published at fixed or varying intervals, printed on
glossy or chemically coated paper; expressly excluded are newspapers
and all other paper products of any nature whatsoever.
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains four or more dwelling units.
Of or pertaining to any office or other property under the
control of any branch or arm of the federal government of the United
States of America, the Commonwealth of Pennsylvania or any political
subdivision of the Commonwealth of Pennsylvania, including but not
limited to Pocono Township, and/or any counties, cities, boroughs,
townships and municipal authorities.
Any garbage, refuse, industrial, lunchroom or office waste
and other material, including solid, liquid semi-solid or contained
gaseous material, resulting from operation of residential, municipal,
commercial or institutional establishments or from community activities
and which are not classified as residual or hazardous waste. The term
does not include source-separated recyclable materials.
Any facility that is designed, operated or maintained for
the disposal of municipal waste in the Monroe County Municipal Waste
Management Plan, whether or not such facility possesses a permit from
the Department of Environmental Protection under the Solid Waste Management
Act.[1] The term shall not include any facility that is used exclusively
for disposal of construction/demolition waste or sludge from sewage
treatment plants or water supply treatment plants.
[Amended 9-30-2014 by Ord. No. 2014-11]
Paper of the type commonly referred to as "newsprint" and
distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing advertisements
and other matters of public interest. The term "newspaper" expressly
excludes glossy advertising inserts, magazines, glossy or other chemically
coated paper, office paper and any other paper products of any nature.
Empty food or beverage containers consisting of both steel
and aluminum.
Any individual, partnership, corporation, association, institution,
cooperative, enterprise, municipality, municipal authority, federal
government or agency, state institution or agency or any other legal
entity whatsoever which is recognized by law as the subject of rights
and duties. In any provisions of this chapter 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.
Empty plastic food, beverage and product containers, the
specific types of which are PET (No. 1) (e.g., soft drink bottles)
and HDPE (No. 2) (e.g., milk and water jugs, detergent and shampoo
bottles) and other containers as may be designated by resolution adopted
by the Township Commissioners.
[Amended 9-30-2014 by Ord. No. 2014-11]
A person authorized by the Township, through the issuance
of a permit, to collect, transport and dispose of recyclables exclusively
(and not municipal waste) for persons other than himself, his immediate
family or persons for whom he is acting as an agent (as defined herein).
Materials designated as recyclable in this chapter or required
by the terms of this chapter (or any amendment hereto) to be kept
separate from municipal waste and recycled.
The separation, collection, processing, recovery and sale
or reuse of metals, glass, paper, plastics and other materials which
would otherwise be disposed of as municipal waste.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities. The term does
not include the following:
Any composting facility.
Methane gas extraction from a municipal waste landfill.
Any separation and collection center, dropoff point or collection
center for recycling or any source separation or collection center
for composting leaf waste.
Any facility, including all units in the facility, with a total
processing capacity of less than 50 tons per day.
Of or pertaining to any dwelling unit used as a place of
human habitation and which is not a commercial, municipal, institutional
or community activity. Home occupations incidental to the residential
use within a building are considered residential.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper or plastic) and noncompostable plant material, wood or
nonputrescible solid waste.
Empty food or beverage containers made of steel, tin-coated
steel or other ferrous metal food or beverage containers.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such municipal waste.
It shall be presumed that the containment of any municipal waste in
excess of one-year constitutes disposal. This presumption can only
be overcome by clear and convincing evidence to the contrary.
Pocono Township, Monroe County, Pennsylvania.
The off-site removal of any municipal waste at any time after
generation thereof.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. The term does not include source-separated recyclable
materials or material approved by the Commonwealth of Pennsylvania
Department of Environmental Protection for beneficial use.
Twigs, shrub trimmings, small branches and like vegetative
matter (including grass clippings).
[Added 9-30-2014 by Ord.
No. 2014-11]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.Â
It shall be unlawful for any person to store, dump, discard or deposit
or to permit the storage, dumping, discarding or depositing of any
municipal waste or recyclables upon the surface of the ground or underground
within the Township, except in proper containers for purposes of storage
or collection. Where the waste or recyclables are of such size or
shape as not to permit their being placed in an appropriate container,
said items shall be separately placed for collection and disposal
and proper arrangements shall be made for the disposal of the same.
It shall be unlawful for any person to dump or deposit any municipal
waste or recyclables in any stream or body of water or on any public
right-of-way within the Township.
B.Â
Every owner of property or occupant thereof responsible for the day-to-day
operation or maintenance of such property shall pick up and discard
in any appropriate receptacle any municipal waste, recyclables or
other debris deposited or accumulated on the owner's property.
All owners or operators of commercial, industrial, institutional and
municipal establishments in the Township shall take all reasonable
precautions to prevent the deposit and accumulation of debris in front
of their premises and, in furtherance of that end, may place appropriate
waste containers in front of or adjacent to their premises at a point
which will not create a hazard to traffic or pedestrians. Any such
receptacles so placed shall be emptied on a regular basis and maintained
in a neat and clean appearance.
C.Â
Nothing contained herein shall prohibit a farmer or resident from
carrying out the normal activities of his farming operation, including
composting and spreading of manure or other farm-produced agricultural
waste, provided that such activities are conducted in accordance with
all applicable laws, rules and regulations.
D.Â
Bulk containers shall not be permitted to overflow or to have waste
strewn or left about them on the ground. A violation of this provision
shall be deemed a violation of this chapter by the person on whose
property the bulk container is located, if it is located on private
property.
