Borough of Emmaus, PA Part 1 GENERAL REGULATIONS

§ 20-101 Definitions.

[Ord. 964, 4/9/2003, § 101; as amended by Ord. 1057, 9/21/2009, § 101]

The following words and phrases when used in this Part shall have, unless the context clearly indicates otherwise, the meanings ascribed to them in this section:

ANNUAL ASSESSMENT

An annual charge paid to the Borough for each dwelling unit or entity, regardless of whether the dwelling unit or entity is occupied, for the collection of garbage and refuse by the Borough of Emmaus or its contractor.

CONTRACTOR

The person, firm or corporation that has been authorized by the Borough by contract to collect, transport and dispose of municipal solid waste within the Borough of Emmaus.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in a nonmanufacturing or non-processing business, including, but not limited to, stores, markets, offices, restaurants, theaters, and any other business activity, including home offices and home occupations.

DWELLING UNIT

A group of rooms located within a structure and forming a single habitable unit for the exclusive use of the occupants thereof, with facilities which are used for and intended to be used for living, sleeping, cooking and eating.

ENTITY

Any single-family dwelling, multi-family dwelling, rooming units, commercial establishments, institution, or any other legally recognized person, corporation, partnership, or such other arrangement obtaining legal recognition.

GARBAGE

All animal and vegetable wastes attending or resulting from the handling, dealing, storage, preparation, cooking and consumption of foods.

GROUP HOME

Residential clients and attendant staff, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship designed to provide organization and stability.

INDEPENDENT HAULER

A person, firm, or corporation, other than the Borough's contractor, that a commercial establishment, an industrial establishment, institution, school, nursing home, rest home, funeral parlor, doctor or dental office, or multi-family dwelling has contracted with to collect, transport and dispose of its solid waste.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants, fish farms, refineries and the like.

MULTI-FAMILY DWELLING

Any building under one roof which contains two or more complete dwelling units.

REFUSE

The collective term applying to rubbish, ashes, paper products, rags, street sweepings, excelsior, straw, boxes, old clothes, shoes, leather scraps, pieces of carpet, cloth, glass, china, wood, sand, brick, tile, etc., and all waste material and riffraff too large for collection in containers, such as furniture, tanks and appliances.

YARD WASTE

Any leaves, garden residues, grass clippings, shrubbery, tree trimmings and Christmas trees.

§ 20-102 Administration.

[Ord. 964, 4/9/2003, § 102; as amended by Ord. 1057, 9/21/2009, § 102]

1. The Borough is authorized to award a contract for the collection, removal, transportation and disposal of municipal waste generated from single-family dwellings, dwelling units, group homes, multi-family dwellings and commercial establishments as well as any other type of entity the Borough deems necessary or acceptable. Such contract shall contain provisions to be performed and carried out by contractors in compliance with all Borough ordinances.

2. The Borough Council shall, prior to the commencement of a calendar year, enact a resolution determining the "annual assessment" for solid waste collection in the Borough of Emmaus. The assessment shall be for the purpose of determining the amount to be paid to the Borough for the collection, removal, transportation, and disposal of municipal solid waste, including all refuse and recyclables, electronic waste, household hazardous waste, "Dumpster Day" services, as well as leaf waste, compost services, yard waste, holiday tree waste, as required by this chapter.

[Amended by Ord. No. 1188, 4/15/2019]

3. The following entities shall pay one Annual assessment for each calendar year, subject to the payment criteria set forth in § 20-104 of this chapter.

A. Single-family dwelling.

B. Each unit in a multi-family dwelling, with the owner of the property being primarily liable for payment of the assessment.

C. Commercial establishment that is not a home occupation or a home office, or any other type of home-based business.

D. Churches and non-profit organizations that are not classified as a home occupation or a home office, or any other type of home-based activity.

E. Hotels, rooming homes, bed and breakfasts, and group homes.

All such establishments shall comply with all recycling ordinances, laws, rules, and regulations.

4. Any building or structure containing multiple businesses or commercial establishments shall be assessed one annual assessment for each separate business or commercial establishment in or on the building or structure.

5. Any building or structure containing a dwelling unit or units and a commercial unit or units shall be assessed one annual assessment for each dwelling unit or commercial unit in or on the building or structure.

6. The owner or possessor of a dwelling unit that is used as a home office or a home occupation, or any other type of home-based business or activity, shall be assessed 1 1/4 of an annual assessment for refuse services at the owned or possessed property.

7. The Borough of Emmaus shall not collect garbage or refuse for any industrial establishment, any schools, nursing homes, rest homes, funeral parlors, doctor or dental offices, or any establishment creating medical, dental or animal waste.

8. Any commercial establishment, business, or multifamily dwelling owner may be excluded from paying the full annual assessment for the collection of garbage, refuse, and recyclables under this Part if the entity furnishes, on an annual basis, to the Borough Manager or his or her designee, a notarized certification in a form prescribed by the Borough, confirming that the property is obtaining dumpster service being provided by the contractor or by an independent hauler, which certification shall state:

[Amended by Ord. No. 1188, 4/15/2019]

A. The name, address, contact person, phone number, and e-mail address of the independent hauler.

B. A description of the manner in which recyclables will be collected, transported, removed and disposed from the property, including, but not limited to, the containers that will be used, a description of the collection method, and the frequency of the collection.

C. That if there is any material change in the collection of refuse or recyclables, the entity completing the form will immediately notify the Borough of the change.

D. That the collection of refuse and recyclables will not have an interrupted period of collection during the calendar year for which the form is submitted.

E. That the collection, transportation, removal, and disposal of all solid waste from the premises will conform to and be in compliance with all local health regulations, the Borough's Solid Waste Ordinance and any other relevant ordinances, and any and all state and federal laws, rules and regulations.

F. That the entity obtaining dumpster service releases the Borough from the collection, transportation, removal and disposal of any solid waste, including recyclables, from the property serviced by the contractor or independent hauler.

G. That the entity obtaining dumpster service authorizes the Borough, its employees, or its designees to enter upon the property of the entity or such location where the dumpster service is located to inspect the refuse and recyclable collection facilities in place to ascertain their conformity to this Part and all applicable laws, rules, and regulations.

H. That the entity and its contractor or hauler shall submit yearly tonnage reports for both refuse and recycling separately to the Borough of Emmaus no later than January 30 each year for the previous year's collection. The tonnage reports shall be submitted on official weight slips or letterhead by the contractor or hauler.

8.1. Any establishment electing to obtain dumpster service pursuant to this section shall pay to the Borough an annual administrative fee in an amount set by resolution of Borough Council for each building, occupied structure or commercial unit served so as to offset the Borough's cost for administering, managing, and monitoring compliance with federal, state, and local refuse disposal and recycling requirements. The Borough may elect to assess an additional fee for each building, occupied structure, or commercial unit utilizing this service, while also utilizing the Borough's electronic waste, household hazardous waste, "Dumpster Day" services, or leaf waste, yard waste, and/or holiday tree waste services.

[Added by Ord. No. 1188, 4/15/2019]

9. All industrial establishments, schools, nursing or rest homes, funeral parlors, and medical and dental offices shall provide the Borough Manager with written proof of arrangements those entities have made with an independent hauler for the removal of refuse and garbage. Such establishments agree that they will comply with State and local health regulations, and release the Borough from the collection of any garbage or refuse from its establishment.

10. All refuse and garbage collected by the contractor of the Borough of Emmaus shall be collected, conveyed and disposed of by the Borough of Emmaus through its contractor, provided that the Borough may require any entity owning or occupying any premises that has accumulated garbage and refuse at the time of collection in excess of six thirty-gallon containers, or their equivalent by weight and volume, to personally collect, convey and dispose of such garbage and refuse in accordance with all regulations for collection, conveyance and disposal prescribed in this Part or hereinafter directed by the Borough Council. In addition, said entity may be required to pay such additional fees for the removal thereof as determined by the Borough Manager.

11. All assessments, charges or other payments due under this Part shall be borne and paid by the owner of the premises from which the garbage or refuse is collected or upon which said refuse is accumulated and disposed of, or the entity producing the refuse, or the entity responsible for the existence or disposal thereof. If the entity from which the garbage or refuse is collected is not the owner, then the owner shall be jointly and severally liable with such entity for the payment of the assessment fee to the Borough.

12. Responsibility of Manager; Refuse and Recycling Cordinator.

[Amended by Ord. No. 1188, 4/15/2019]

A. The collection, disposal, and transportation of garbage and refuse in the Borough of Emmaus shall be under the supervision of the Borough Manager. Unless determined by contract, the Borough Manager shall have the authority to determine the days of collection, type and location of waste containers, and to change and modify the same after notice as may be required by law.

B. Borough Council may appoint an individual as the Refuse and Recycling Coordinator for the Borough, and his or her duties shall include, but not be limited to, the following:

(1) Provide municipal refuse/recycling program technical assistance.

(2) Provide commercial, institutional, and community event refuse/recycling program technical assistance.

(3) Complete the annual report process as required.

(4) Review and report Borough recycling program analytics to elected officials.

(5) Collaborate and communicate with haulers.

(6) Gather and maintain statistical information on the Borough's recycling, solid waste and yard waste programs.

(7) Collect and interpret data from commercial, industrial, and institutional establishments.

(8) Assist in managing the Emmaus Lower Macungie (ELM) joint composting equipment program.

(9) Monitor, maintain, and ensure compliance through enforcement and education that all haulers and contractors meet the requirements of PA Act 101.[1]

[1] Editor's Note: See 53 P.S. § 4000.101 et seq.

(10) Assist with the development, writing, preparation, and evaluation of bids, RFPs and contracts.

(11) Prepare and write grants and other funding opportunities.

(12) Conduct meetings, education events, community events, programs, and activities throughout the community, including but not limited to Borough-sponsored events, educational facilities, apartment complexes, and the business community.

(13) Oversee and coordinate recycling program facilities at Borough parks and facilities.

(14) Coordinate refuse and recycling efforts for community events.

(15) Assist and prepare documentation for grants, audits, reviews, and other meetings as needed.

(16) Oversee special programs such as Dumpster Day events, household hazardous waste events, and electronics recycling efforts.

(17) Work jointly with the Environmental Advisory Committee for recycling and education efforts.

(18) Attend regional and statewide PA DEP meetings, classes, and events as needed.

13. The Borough Council is authorized to make regulations concerning the hauling of refuse and garbage collected inside or outside the Borough of Emmaus over the streets of the Borough. No refuse or garbage shall be hauled over the streets of the Borough except in water-tight vehicles with a tight cover so as to prevent offensive odors from escaping therefrom and refuse being blown, dropped or spilled therefrom. No garbage or refuse shall be dumped or disposed of within Borough limits.

14. Ownership of garbage and refuse set out for collection shall be vested in the Borough of Emmaus.

15. Garbage and refuse must originate at the property where it is set out for collection.

§ 20-103 Prohibited Acts.

[Ord. 964, 4/9/2003, § 103; as amended by Ord. 1057, 9/21/2009, § 103]

1. It shall be unlawful for any person to collect, convey over any of the streets of the Borough of Emmaus or dispose of any refuse or garbage accumulated in the Borough in any manner not approved by this Part or its subsequent regulations.

2. It shall be unlawful for any person to place any garbage or refuse in any street or other public place or upon private property, whether owned by such person or not, within the Borough of Emmaus, except in proper receptacles for collection. No person shall throw or deposit any refuse or garbage in any stream or any other body of water.

3. It shall be unlawful for any person to allow the accumulation of refuse or garbage on any premises in the Borough of Emmaus other than for the purpose of collection in the manner provided by this Part or by regulation of the Borough Council. Any unauthorized or unreasonable accumulation of refuse or garbage on any premises is hereby declared to be a nuisance and prohibited. Failure to remove unauthorized or unreasonable accumulation of refuse within 15 days of written notice to either the occupant or owner shall be deemed to be a violation of this Part.

4. It shall be unlawful to place in any containers provided for the regular collection of garbage and refuse any wearing material, bedding or refuse from premises where highly infectious or contagious diseases have prevailed or where there is highly flammable or explosive refuse or garbage.

5. It shall be unlawful to place yard waste for collection, except as provided for by the Borough.

6. It shall be unlawful for any person other than the occupants of the premises on which the refuse or garbage receptacles are stored, or the contractor, to remove the covers of any of the refuse or garbage receptacles or to remove the refuse or garbage stored in such containers.

7. Except as otherwise provided in this Part regarding the placement of containers for collection, no trash container, refuse or garbage container or recycling container shall be placed or stored at any property so as to be visible from the front of the property.

8. Refuse may not be set out for collection more than 12 hours prior to the time of collection. Empty containers must be removed from the curbside collection location within 12 hours of collection.

§ 20-104 Fees, Penalties, Discounts and Delinquencies.

[Ord. 964, 4/9/2003, § 104]

1. The assessment fees or charges for the collection and disposal of garbage and refuse shall be established by the Emmaus Borough Council on an annual basis by the passage of a resolution for refuse and garbage collection assessment fees or charges.

2. Each entity from which the Borough of Emmaus will collect garbage and refuse shall receive an annual assessment fee or charge prepared by the Office of the Borough Manager and/or his or her designee and sent to each such entity in January of each year, or as soon thereafter as practical.

A. The due date for the payment of that assessment fee or charge by each entity shall be 90 days from billing date.

B. Should the assessment fee or charge be paid within 60 days of the billing date, each entity shall receive a $10 discount deducted from the assessment.

C. Any payment received after 30 days past the due date, as hereinabove stated, shall be subject to a 10% additional assessment fee or charge.

D. In addition to the 10% penalty, any assessment fee or charge paid more than 60 days after the due date shall be subject to an additional 1% fee for each 30 days the assessment fee or charge is delinquent.

3. Any person or any entity which fails to pay the annual assessment fee or charge as set forth above or who in any way violates any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or imprisonment for a term not to exceed 30 days. Every day that a violation of this Part continues shall constitute a separate offense and shall be subject to the penalty imposed by this section for each and every such separate offense.

4. Any violation of § 20-102(15) concerning the hauling of waste over the streets of the Borough shall be subject to a fine of not more than $1,000 and/or imprisonment for a term not to exceed 30 days.

5. The Borough's Code Enforcement Officer, Police Department, Health Officer or such other person or persons designated by the Borough Council shall be authorized to enforce the provisions of this Part.