[Ord. 964, 4/9/2003, § 201]
This Part shall be known as the Borough of Emmaus Municipal Solid Waste Ordinance.
[Ord. 964, 4/9/2003, § 202; as amended by Ord. 1057, 9/21/2009, § 202]
The following words and phrases when used in this Part shall have, unless the context clearly indicates otherwise, the meaning given to them in this section:
- A person desirous of being authorized as a "Collector."
- The Borough of Emmaus, Lehigh County, Pennsylvania.
- A person authorized to collect, transport and dispose of municipal waste from the Borough of Emmaus.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in 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, and any other home-based business activity.
- The incinerating, depositing, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner that the waste 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.
- DISPOSAL SITE
- Any site, facility, location, area or premises to be used for the disposal of municipal waste from the Borough of Emmaus, including without limitation landfills and resource recovery facilities (as that term is used in § 20-304). For the purpose of a municipal contract the disposal site shall comply with the applicable requirements of the Lehigh County Pennsylvania Municipal Waste Management Plan as amended from time to time.[Amended by Ord. No. 1188, 4/15/2019]
- All animal and vegetable wastes attending or resulting from the handling, selling, storing, preparing, cooking and consumption of foods.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants, refineries, and the like.
- INSTITUTIONAL ESTABLISHMENT
- 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 storing, collecting, transporting, processing, treating, and disposing of municipal waste by any person engaging in such process.
- MUNICIPAL WASTE
- 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 and from community activities and any sludge not meeting the definition of residual or hazardous waste from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant, or air pollution control facility. "Municipal waste" shall also include all recyclables, as defined in this chapter.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, Federal government or agency, State government or agency, or any other legal entity that 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 or bulk of municipal waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, incinerators, recycling facilities, and resource recovery facilities.
- At least three or more times per month.
- The collective term applying to all garbage, rubbish, ashes, leaves and grass trimmings from residential, municipal, commercial or institutional premises.
- SOLID WASTE
- Any waste including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semi-solid or contained gaseous materials. (Pennsylvania Solid Waste Management Act 97, § 103). Recyclable materials are not deemed to be waste.
- The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste, and 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 Borough of Emmaus.
[Ord. 964, 4/9/2003, § 203]
General. 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 of Emmaus 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 collection of such municipal waste by an authorized collector.
Storage and Container Requirements on Residential Properties.
[Amended by Ord. No. 1188, 4/15/2019]
Containers. All municipal waste accumulated by owner or occupant of each residential property or the occupant 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. However, this provision shall expire April 14, 2020. As of April 15, 2020, all residential properties utilizing curbside solid waste collection shall be required to utilize containers that shall be durable, watertight, and made of metal or plastic. Individual plastic bags and loose waste shall be prohibited from curbside collection. The size of each container shall not exceed a ninety-six-gallon capacity. However, large containers designed for use with special hoisting equipment may be used if the collector serving the property uses collection vehicles with such special hoisting equipment.
Storage on Commercial, Institutional and Industrial Properties.
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 larger than 30 gallons may be used, where needed, to accommodate larger volumes of municipal wastes. Such containers shall be kept in good working order.
Location of Containers. Containers for collection at commercial, institutional and industrial properties shall be located on such premises at a place which shall not interfere with public or private sidewalks, driveways, roads, streets, highways or entrances and exits of public or private buildings.
[Ord. 964, 4/9/2003, § 205]
Prevention of Spillage. Any person transporting solid waste within the Borough of Emmaus shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.
[Ord. 964, 4/9/2003, § 206]
Designated Facilities. All municipal waste produced, collected and transported from within the jurisdictional limits of the Borough of Emmaus shall be, to the extent permitted by law, disposed of at disposal facilities designated by the Borough of Emmaus and in accordance with any currently effective solid waste management plan of the Borough of Emmaus. In the absence of such designated facilities and/or such currently effective solid waste management plan, municipal waste from the Borough of Emmaus must be disposed of at a state-permitted facility.
Bid specifications issued by the Borough for collection services shall include the following stipulations:
[Added by Ord. No. 1188, 4/15/2019]
That materials designated by the Borough for inclusion in the municipal recycling program shall not be collected and disposed with the municipal waste; and
That solid waste materials collected will only be taken to disposal sites or facilities that have current agreements with Lehigh County.
Notice to Collectors. If the Borough of Emmaus designates the disposal facilities as provided for above, all authorized collectors and other interested persons shall be informed of the location and other information pertaining to the designated disposal facilities to be used for the disposal of municipal waste collected, transported, removed and disposed.
Special Collection Events. The Borough of Emmaus may, at its sole discretion, elect to sponsor certain events throughout the year. Those events may include but may not be limited to Dumpster Day events and household hazardous waste collection events. In any such event, the selected hauler or contractor shall possess the appropriate licenses, permits, containers, approvals, and insurances as mandated by the Commonwealth of Pennsylvania and federal government to transport and dispose of waste for these events.
[Added by Ord. No. 1188, 4/15/2019]
The Borough of Emmaus, prior to any event, shall establish the acceptable items that shall be permitted to be disposed of at the event.
Household hazardous waste events shall be registered with Pennsylvania DEP in advance.
Household hazardous waste, once collected and accumulated, shall be managed as hazardous waste. Therefore, any entity transporting and disposing of the waste shall be appropriately permitted, insured, and authorized to haul and dispose of the waste in authorized transportation vehicles and containers. The entity shall list the Borough of Emmaus as an insured entity for the transportation and disposal of the waste and shall execute a hold harmless agreement with the Borough of Emmaus, relieving the Borough of any and all liability that may be a result of the transport and disposal of the waste.
[Ord. 964, 4/9/2003, § 207]
Individuals Not Engaged in Collection. Nothing contained herein shall be deemed to prohibit any residential property occupant not regularly engaged in the business of collecting municipal waste from hauling his own municipal waste on an irregular and unscheduled basis, to a State-permitted disposal facility.
Hazardous and Residual Waste. The provisions of this Part 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.
[Ord. 964, 4/9/2003, § 208]
Penalty. Any person violating any of the provisions of this Part shall, upon conviction by a District Justice, be subject to a fine of up to but not more than $1,000 together with the costs of prosecution, and in default of the payment of such fine and costs, to undergo imprisonment for not more than 90 days. Every violator of the provisions of this Part 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.
Additional Remedies. In addition to the foregoing penalty the Borough of Emmaus 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 of Emmaus 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.
Abatement. The imposition of the penalties herein prescribed shall not preclude the Borough of Emmaus from instituting appropriate actions or proceedings to prevent the violation of this Part, to restrain, correct or abate any such violation, or to prevent any act, conduct, business or activity constituting a violation.