All collectors or waste haulers operating within Upper Makefield
Township must comply with the following minimum standards and regulations:
A. All trucks or other vehicles used for collection and transportation
of municipal waste and/or source-separated recyclable materials must
comply with the requirements of Act 97 and Act 101 and Department
regulations adopted pursuant to Act 97 and Act 101, including the
25 Pa. Code Chapter 285, Subchapter B, regulations for the collection
and transportation of municipal waste or source-separated recyclable
materials.
B. All collection vehicles conveying municipal waste, leaf waste, and/or
source-separated recyclable materials shall be operated and maintained
in a manner that will prevent creation of a nuisance or a hazard to
public health, safety and welfare.
C. All collection vehicles conveying putrescible municipal waste shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors and the creation of odors and other nuisances.
D. All collection vehicles conveying nonputrescible municipal waste,
leaf waste, and/or source-separated recyclable materials shall be
capable of being enclosed or covered to prevent litter and other nuisances.
E. All collection vehicles conveying municipal waste, leaf waste, and
source-separated recyclable materials shall bear signs identifying
the name and business address of the person or municipality which
owns the vehicle and the specific type of material transported by
the vehicle. All such signs shall have lettering which is at least
six inches in height as required by Act 101.
F. All licensed collectors or licensed waste haulers shall offer to
their residential customers commingled recyclables collection service
as a part of the normal collection fee for residential trash collection.
This requirement shall apply regardless of whether the customer pays
on a flat-fee basis or per-bag basis. Recyclables collection shall
include, at a minimum, the following commodities: newspaper, clear
and colored glass, aluminum, steel and bimetallic cans; number 1 and
number 2 plastic. Recyclables shall be collected from each residential
customer at a minimum of biweekly. All recyclables shall be delivered
to a recycling facility as defined in Act 101 or shall be marketed
by the hauler.
G. All licensed collectors or licensed waste haulers shall make available recyclables collection service as outlined in the Subsection
F (immediately above), to commercial, municipal, institutional facilities and community events, and may charge therefor on a fee-for-service basis.
H. All licensed collectors or licensed waster haulers shall provide
to their residential customers large-item pickup on a regular or as-needed
basis.
I. Each licensed collector, waste hauler and collectors and haulers
of source-separated recyclable materials operating in the Township
shall provide for at least one collection of leaves, garden residue,
and similar vegetative materials monthly.
J. Each licensed collector, waste hauler, or collectors and haulers of source-separated recyclable materials operating in the Township shall provide for at least one collection of shrubbery, tree trimmings and similar vegetative materials monthly. This collection is not to be combined with the collections of leaf waste required by Subsection
I, above, but shall be a separate collection.
K. Each licensed collector, waste hauler, or collectors and haulers
of source-separated recyclable materials operating in the Township
shall provide for at least one collection of Christmas trees between
January 7 and January 31 of each year.
L. Collections shall be made from all properties throughout the Township,
including all streets, accepted or otherwise, and including those
streets that are temporarily closed for repairs or construction. In
the latter case, special collection points shall be designated by
the Board or its designee if the condition of the street would prevent
access thereto by the collector's truck.
M. The licensed collector, licensed waste hauler, or collectors and
haulers of source-separated recyclable materials shall collect garbage,
paper, ashes, trash, rubbish, recyclables, leaf waste, shrubbery,
Christmas trees, tree trimmings and similar vegetative materials throughout
the Township on routes and according to schedules approved by the
Board or its designee. Schedules shall be distributed to all customers
and the Township.
N. Collections shall not be made on the following holidays: New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or
Christmas Day.
O. Collections shall be made at those hours mutually agreed upon between
the authorized collector and the Board or its designee. Hours agreed
upon shall be so indicated within the collection contracts.
P. Each truck shall have at least one broom and one shovel to clean
up refuse that may be spilled or otherwise scattered during the process
of collection and transportation.
Q. The collector, at his expense, shall store and park the equipment
at a convenient and lawful place. No trucks or equipment may be parked
or stored on Township streets or roadways, except during actual collection
periods.
[Amended 4-4-2017 by Ord.
No. 316]
A. All persons residing in the Township or owning or operating institutional,
commercial, municipal and industrial uses shall contract with a DEP-licensed
collector or waste hauler for the disposal of municipal waste and
source-separated recyclable materials.
B. No person shall collect or remove and then subsequently haul or transport
any municipal waste or source-separated recyclable material through
or upon the streets of Upper Makefield Township without first obtaining
written authorization from DEP in accordance with the provisions of
Act 90. This section shall not apply to private individuals (e.g.,
homeowners) who wish to transport their own household waste or recyclables
to approved facilities or recyclables to recycling centers, nor to
farmers, landscapers or nurserymen who collect, remove, haul or otherwise
transport agricultural or other organic waste associated with their
respective business activities.
C. Each licensed waste hauler or collector shall dispose of all municipal
waste at a facility or facilities approved by DEP or facility approved
by a state other than Pennsylvania.
D. For a collector or waste hauler to collect and transport municipal
waste within Upper Makefield Township, a collector or waste hauler
shall submit a registration form to Upper Makefield Township, which
shall include a copy of their state-issued written authorization,
and a copy of their Municipal and Residual Waste Transporter Authorization
Application (DEP form 2500-PM-BWM0015), along with any of the following
information that may be deemed appropriate by Upper Makefield Township:
(1) A list of collection vehicles covered under the written authorization
including, as a minimum, the following information for each vehicle:
identification information for each vehicle (such as vehicle license
number, vehicle registration number, or company identification number);
date and location of most recent vehicle inspection; and hauling capacity
of the vehicle.
(2) The type of municipal waste or recyclable to be collected and transported.
(3) If they are hauling or collecting source-separated recyclable materials
in the municipality, identify the materials being hauled or collected
and provide the following information for each vehicle: identification
information for each vehicle (such as vehicle license number, vehicle
registration number, or company identification number); date and location
of most recent vehicle inspection; and hauling capacity of the vehicle.
E. Any person who fails to satisfy the minimum standards and requirements
of this Part or is in violation of the provisions of this Part may
not lawfully collect municipal waste or source-separated material
in Upper Makefield Township.
F. All licensed collectors and licensed waste haulers shall meet the
requirements of Act 90, Act 97, Act 101, the Bucks County Municipal
Waste Management Plan, and all PADEP rules and regulations (25 Pa.
Code Chapter 285).
Any person who violates any provision of this Part shall, upon
conviction at a summary proceeding, be sentenced to pay a fine to
the use of Upper Makefield Township of up to but not more than $1,000,
together with costs of prosecution or be imprisoned for a period of
not more than 90 days, or both. Each day of violation shall be considered
as a separate offense.
Upper Makefield Township may petition the Bucks County Court
of Common Pleas for an injunction, either mandatory or prohibitive,
in order to enforce any of the provisions of this Part.
As used in this Part, the following terms shall have the meanings
indicated:
BIMETAL CONTAINER
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
COMMERCIAL ESTABLISHMENT
An establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
COMMUNITY ACTIVITIES
Events that are sponsored in whole or in part by a mandated
municipality or conducted within a mandated municipality and sponsored
privately, which include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events that will be attended by 200
or more individuals per day.
COMPOSTING
A controlled microbial degradation of organic waste to produce
a relatively nuisance-free product of potential value as a soil conditioner.
CORRUGATED PAPER
Any structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
HIGH-GRADE OFFICE PAPER
Any bond, copier, letterhead or mimeograph paper typically
sold as "white ledger" paper and computer paper.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
INSTITUTION ESTABLISHMENT
Any establishment or facility engaged in services, including
but not limited to hospitals, nursing homes, orphanages, schools and
universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all
other paper products of any nature whatsoever.
MULTIFAMILY RESIDENCE
Any occupied residential structure having in excess of four
dwelling units per structure, including, without limitation apartments,
townhouses, condominiums and cooperatives.
MUNICIPAL ESTABLISHMENT
Any facility or building owned or operated by a local government
or county government, local government or county government authority,
state government or agency or federal government or agency.
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 in the Solid Waste Management Act from a municipal,
commercial or institutional water supply treatment plant, wastewater
treatment plant or air pollution control facility. The term does not
include source-separated recyclable materials.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements and other matters of public interest.
Expressly excluded, however, are newspapers that have been soiled.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this Part 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.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic that may be recycled.
RECYCLABLE MATERIALS
Those materials specified by the municipality to be recycled. This list of materials is specified in the recycling regulations resulting from this Part, are designated in §
20-203 hereof, and may be revised from time to time as deemed necessary by the municipality.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of 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 operation of energy.
RESIDENCE
Any occupied single- or multifamily dwelling having up to
four dwelling units per structure from which a municipal or private
hauler collects solid waste.
SOLID WASTE
All refuse, garbage and rubbish and other discarded solid
material normally collected by municipal or private haulers.
There is hereby established a program requiring the separation
from municipal waste of recyclable materials and leaf waste generated
at residences, multifamily residences, commercial, municipal and institutional
establishments and community activities.
The Board of Supervisors is authorized and directed to enforce
this Part. The same is hereby authorized and directed to establish
and promulgate reasonable regulations as to the manner, days and times
for the collection of recyclable materials in accordance with the
terms hereof and any other matters required to implement this Part.
The Board of Supervisors may change, modify, repeal or amend any portion
of said rules and regulations at any time.
The Board of Supervisors may enter into agreements with public
or private agencies or firms to authorize them to collect all or part
of the recyclable materials from curbside.
Any person may donate or sell recyclable materials to individuals
or organizations that are licensed or authorized by the municipality
in its recycling regulations. These materials must either be delivered
to the individual's or organization's site or they may be
placed at the curb for collection by said individual or organization
on days not indicated as recyclable material collection days by the
municipality. Said individuals or organizations may not collect recyclable
materials on or immediately preceding (within 24 hours) a regularly
scheduled curbside collection day.