Borough of Emmaus, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 720, 12/4/1989, § 1]
This Part shall be known and may be cited as the "Borough of Emmaus Waste Reduction and Recycling Ordinance."
[Ord. 720, 12/4/1989, § 2]
This Part is enacted pursuant to the Solid Waste Management Act, P.L. 380, No. 97, July 7, 1980 and the Municipal Waste Planning Recycling and Waste Reduction Act, No. 101, July 28, 1988.
[Ord. 720, 12/4/1989, § 3; as amended by Ord. 1057, 9/21/2009, § 303]
It is the purpose of this Part to:
1. 
Require waste reduction and recycling as a means of managing municipal waste, conserving resources and supplying energy.
2. 
Protect the public health, safety and welfare from the short and long term dangers of collection, transportation, processing and storage of municipal waste.
3. 
Establish and implement within the Borough of Emmaus a recycling program to return valuable materials to productive use, to conserve energy and to protect capacity at municipal waste processing or disposal facilities.
4. 
Each person living or working in the Borough of Emmaus shall be taught the economic, environmental and energy value of recycling and waste reduction, and shall be encouraged through a variety of means to participate in such activities.
5. 
The Borough of Emmaus shall, to the greatest extent practicable, procure and use products and materials with recycled content, and procure and use materials that are recyclable.
[Ord. 720, 12/4/1989, § 4]
The following words and phrases when used in this Part shall have the meanings given to them in this section unless the context clearly indicates otherwise:
ABATEMENT
The restoration, reclamation, recovery, etc., of a natural resource adversely affected by the activity of a person.
AVERAGE DAILY VOLUME
The mean daily volume received at a facility taking into account weather and seasonal variations, scheduled community cleanup days and other factors.
COMMONWEALTH AGENCY
The Commonwealth and its departments, boards, commissions and agencies, Commonwealth owned universities, and the State Public School Building Authority, the State Highway and Bridge Authority and any other authority now in existence or hereafter created or organized by the Commonwealth.
DEGRADABLE PLASTIC BEVERAGE CARRIER
Plastic beverage carriers that degrade by biological processes, photodegradation, chemodegradation or degradation by other natural processes. The degradation process does not produce or result in a residue or by-product considered to be hazardous waste.
DEPARTMENT
The Department of Environmental Resources of the Commonwealth and its authorized representatives.
DISPOSAL
The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged into the waters of this commonwealth.
FEASIBILITY STUDY
A study which analyzes a specific municipal waste processing or disposal system to assess the likelihood that the system can be successfully implemented, including, but not limited to, an analysis of the prospective market, the projected costs and revenues of the system, the municipal waste-stream that the system will rely upon and various options available to implement the system.
HOST MUNICIPALITY
The municipality other than the county within which a municipal waste landfill or resource recovery facility is located or is proposed to be located.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
A. 
Counties, cities, boroughs, towns, townships, school districts and any other authority now in existence or hereafter created or organized by the commonwealth.
B. 
All municipal or school or other authorities now in existence or hereafter created or organized by any county, city, borough, township or school district or any combination thereof.
C. 
Any and all other public bodies, authorities, councils of government, officers, agencies or instrumentalities of the foregoing, whether exercising a governmental or proprietary function.
MANAGEMENT
The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of solid wastes by any person engaging in such process.
MUNICIPAL RECYCLING PROGRAM
A source separation and collection program for recycling Emmaus's waste or source separated recyclable materials, or a program for designated drop-off points or collection centers for recycling Emmaus's waste or source-separated recyclable materials, that is operated by or on behalf of the Borough of Emmaus. The term includes any source separation and collection program for composting yard waste that is operated by or on behalf of the Borough of Emmaus. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid 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 in the Solid Waste Management Act from a municipal, commercial, or institutional water supply treatment plant, waste water treatment plant or air pollution or air pollution control facility. The term does not include source-separated recyclable materials.
MUNICIPAL WASTE LANDFILL
Any facility that is designated, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the Department under the Solid Waste Management Act. The term does 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.
MUNICIPALITY
The Borough of Emmaus, Lehigh County, Pennsylvania.
OPERATOR
A person engaged in solid waste processing or disposal. Where more than one person is so engaged in a single operation, all persons shall be deemed jointly and severally responsible for compliance with the provisions of this Part.
PERSON
Any individual, partnership, corporation, association, institution or cooperative enterprise. In any provision 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 BEVERAGE CARRIER
Plastic rings or similar plastic connectors used as holding devices in the packaging of beverages, including, but not limited to, all carbonated beverages, liquors, wines, fruit juices, mineral waters, soda and beer.
POLLUTION
Contamination of any air, water, land or other natural resources of the Borough of Emmaus that will create or is likely to create a public nuisance or to render the air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.
POST-CONSUMER MATERIAL
Any product generated by a business or consumer which has served its intended end use, and which has been separated or diverted from solid waste for the purposes of collection, recycling and disposition. The term includes industrial by-products that would otherwise go to disposal or processing facilities. The term does not include internally generated scrap that is commonly returned to industrial or manufacturing processes.
PROCESSING
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 and resource recovery facilities.
PROJECT DEVELOPMENT
Those activities required to be conducted prior to constructing a processing or disposal facility that has been shown to be feasible, including, but not limited to, public input and participation, siting, procurement and vendor contract negotiations, and market and municipal waste supply assurance negotiations.
PUBLIC AGENCY
Any commonwealth agency or local public agency.
RECYCLED CONTENT
Goods, supplies, equipment, materials and printing containing post-consumer materials.
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 or reusable materials other than a fuel for the operation of energy.
RECYCLING FACILITY
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.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, waste water treatment facility or air pollution control facility, provided that it is not hazardous. The term shall not include coal refuse as defined in the act of September 24, 1968, (P.L. 1040, No. 318), known as the Coal Refuse Disposal Control Act. The term shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law.
RESOURCE RECOVERY FACILITY
A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off-site, including, but not limited to, a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into fuel product. The term also includes any facility for the combustion of municipal waste that is generated off-site whether or not the facility is operated to recovery energy. The term does not include:
A. 
Any composting facility.
B. 
Methane gas extraction from a municipal waste landfill.
C. 
Any separation and collection center, drop-off point or collection center for recycling, or any source separation or collection center for composting leaf waste.
D. 
Any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day.
SOLID WASTE
Any waste, including but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. The term does not include coal ash or drill cuttings.
SOLID WASTE MANAGEMENT ACT
The act of July 7, 1980 (P.L. 380, No. 97).
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
STORAGE
The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation.
TREATMENT
Any method, technique or process, including, but not limited to, neutralization, designed to change the physical, chemical or biological character or composition of any municipal waste so as to neutralize such waste or so as to render such waste safer for transport, suitable for recovery, suitable for storage or reduced in volume.
WASTE REDUCTION
Design, manufacture or use of a product to minimize weight of municipal waste that requires processing or disposal, including, but not limited to:
A. 
Design or manufacturing activities which minimize the weight or volume of materials contained in a product, or increase durability or recyclability; and
B. 
Use of products that contain as little material as possible, are capable of being reused or recycled or have an extended useful life.
[Ord. 720, 12/4/1989, § 5]
1. 
Responsibilities. The Borough of Emmaus shall have the power and its duty shall be to assure the proper and adequate transportation, collection and storage of municipal waste which is generated or present within its boundaries, to assure adequate capacity for the disposal of municipal waste generated within its boundaries by means of the procedure set forth in § 1111 of the Municipal Waste Planning Recycling and Waste Reduction Act and to adopt and implement a program for the collection and recycling of municipal waste or source-separated recyclable materials as provided in this Part.
2. 
Powers. In carrying out its duties under this section, the Borough of Emmaus may adopt resolutions establishing procedures, regulations and standards for the recycling, transportation, storage and collection of municipal waste, or source-separated recyclable materials which shall not be less stringent than, and not in violation of or inconsistent with, the provisions and purposes of the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act and the regulations promulgated pursuant thereto.
3. 
Duties. The Borough of Emmaus shall implement the provisions of this Part by collecting, transporting, processing or marketing source-separated materials or may contract, subject to competitive bidding, with any person to carry out its duties for the recycling, transportation, collection and storage of municipal waste and source-separated recyclable materials, if the recycling, transportation, collection or storage activity or facility is conducted or operated in a manner that is consistent with the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act, this Part and the regulations promulgated pursuant thereto. Any such person shall be jointly and severally responsible with the Borough of Emmaus when carrying out its duties for transportation, collection or storage activity or facility.
4. 
Curbside Collection of Residential Recycling. Residential recycling shall be collected at the curb at least one time per month. The frequency of collection shall be determined in the refuse and recycling contract that the Borough enters into with its selected hauler.
[Added by Ord. No. 1188, 4/15/2019]
5. 
Recycling at Community Events Mandated. Any entity, including but not limited to municipal, commercial, institutional, or industrial entities, shall be required to provide appropriately identified and marked recycling containers and opportunities for individuals to recycle at any "community event."
[Added by Ord. No. 1188, 4/15/2019]
6. 
Curbside Collection of Leaf Waste, Yard Waste, and Holiday Trees. The Borough of Emmaus shall provide for the curbside collection of leaf waste, yard waste, and holiday tree waste at least once per month or twice per year as required by PA Act 101,[1] as amended. Holiday tree waste shall be conducted for no less than a two-week period after December 25 each year. The frequency and dates for collection of leaf waste and yard waste shall be established by the Borough prior to January 1 of each year.
[Added by Ord. No. 1188, 4/15/2019]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
7. 
Leaf Waste Drop-Off Center. The Borough of Emmaus shall provide a site for property owners to drop off yard waste and leaf waste. The site shall be opened throughout the year, with days and times for the calendar year to be established prior to January 1.
[Added by Ord. No. 1188, 4/15/2019]
[Ord. 720, 12/4/1989, § 6; as amended by Ord. 1057, 9/21/2009, § 306]
All municipal waste, including recyclables, shall be disposed of at a facility, and in a manner that complies with all laws, rules, and regulations, of any local governing body, state, or federal government, or any agency or department of the same.
[Ord. 720, 12/4/1989, § 7; as amended by Ord. 1057, 9/21/2009, § 307]
The Borough of Emmaus hereby establishes and implements a source separation and collection program for recyclable materials in accordance with § 1501 of the Municipal Waste Planning, Recycling and Waste Reduction Act. The source separation and collection program shall include the following regulations:
1. 
All persons, commercial establishments, institutions, governments, and any other entity in the Borough of Emmaus shall separate the following classes of materials into an approved container for the storing of recyclable materials, and shall dispose of them so as to ensure that they are processed and transported to a facility that recycles the materials:
A. 
Aluminum food and beverage containers.
B. 
Glass food and beverage containers - brown, clear, or green.
C. 
Ferrous (Iron) cans.
D. 
PET plastic containers with the symbol #1 - with screw tops only, without caps.
E. 
HDPE natural plastic containers with the symbol #2 - narrow neck containers only (milk and water bottles).
F. 
HDPE pigmented plastic containers with the symbol #2 - narrow neck containers only, without caps (detergent, shampoo bottles, etc.).
G. 
Plastics with symbols #3, #4, #5, #6, #7 - narrow and screw top containers.
H. 
Newsprint.
I. 
Corrugated Cardboard. All cardboard shall be broken down flat and neatly stacked at the curb in a manner that it will not be blown away by wind or fall into a public right-of-way, street, or sidewalk.
[Amended by Ord. No. 1188, 4/15/2019]
J. 
Magazines.
K. 
Catalogues.
L. 
Cereal boxes.
M. 
Telephone books.
N. 
Printer paper.
O. 
Copier paper.
P. 
Mail.
Q. 
All other office paper without wax liners.
Upon placement of recyclable items at the curbside for collection by any party contracted by the Borough to perform refuse collection, transportation, and disposal, such recyclable items shall become the property of the Borough's contractor.
2. 
Persons are required to separate leaf waste from other municipal waste generated at their homes, apartments, and other residential establishments, as well as commercial, institutional, and municipal establishments, until collection, unless those persons or entities have otherwise provided for the composting of leaf waste.
[Amended by Ord. No. 1188, 4/15/2019]
3. 
A commercial establishment, owner of a multi-family dwelling, municipal building or office, or an institutional establishment, shall establish a collection system for recyclable materials at each building or occupied structure on the premises. The collection system must include suitable locations for the containers, and written instructions to the occupants of each dwelling unit or commercial unit concerning the mandatory use of the collection system. The collection system shall provide that recyclables will be removed from the premises at least once every four weeks. Owners and landlords are required to monitor compliance by all occupants on their premises, and shall be responsible to correct any noncompliance and institute such procedures as are reasonable and necessary to minimize the likelihood or possibility of noncompliance with this Part. Any entity obtaining services of an independent hauler shall pay an administrative fee, as set annually by the Borough Council, as referenced in § 20-104 of Part 1 of this chapter.
4. 
Electronic Recycling. The Covered Device Recycling Act (PA Act 108 of 2010)[1] mandates that all manufacturers of certain electronics shall provide recycling programs for those electronics no longer in use. The Borough of Emmaus, at its discretion, may also establish an electronics recycling program for the property owners and citizens within the Borough of Emmaus. The Borough shall bid out this service when bidding out all refuse and recycling contracts. Borough Council shall have the sole discretion to elect to provide this service to its citizens; however, in such cases that the Borough provides this service, at a minimum, the items allowed for recycling shall be no less than those outlined in PA Act 108 of 2010.
[Added by Ord. No. 1188, 4/15/2019]
[1]
Editor's Note: See 35 P.S. § 6031.101 et seq.
5. 
Recycling at Community Events Mandated. Any entity, including but not limited to municipal, commercial, institutional, or industrial entities, shall be required to provide appropriately identified and marked recycling containers and opportunities for individuals to recycle at any "community event."
[Added by Ord. No. 1188, 4/15/2019]
[Ord. 720, 12/4/1989, § 10]
On or before February 15 of each year, the Borough Manager shall submit a report to Lehigh County which shall describe the weight or volume of materials that were recycled by the municipal recycling program in the preceding calendar year.
[Ord. 720, 12/4/1989, § 11]
Any person, other than a municipal official exercising his official duties, who violates any provision of this Part, any resolution enacted hereunder, any order issued hereunder, or the terms or conditions of any contract awarded in the implementation of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $1,000 and costs and, in default of the payment of such fine and costs, to undergo imprisonment for not more than 30 days.