[Ord. 2011-12, 10/6/2011]
This Part shall be known as the "Lower Macungie Township Municipal Solid Waste Ordinance."
[Ord. 2011-12, 10/6/2011; Ord. No. 2024-03, 9/19/2024]
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:
A wheeled receptacle, usually constructed of plastic and having a hinged lid which can be closed preventing entrance of rain and vectors into the container. The mouth of the cart shall have a diameter greater than or equal to that of the base. The container shall have the provisions to be both handled manually and mechanically. \
Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, offices, buildings, restaurants, shopping centers, and theaters.
See definition of CART, above.
The incineration, deposition, 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.
Any site, facility, location, area, or premises to be used for the disposal of municipal waste.
All animal and vegetable wastes attending or resulting from the handling, dealing, storing, preparation, cooking, and consumption of foods.
Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, and refineries.
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 storage, collection, transportation, processing, treatment, and disposal of municipal wastes by any person engaging in such process.
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 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
Any individual, property owner, tenant, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity whatsoever which is recognized by law as being subject to such rights and duties.
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.
Municipal waste which is specifically designated for separation and independent collection as reusable material.
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.
Any waste including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
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.
Lower Macungie Township, Lehigh County, Pennsylvania.
The off-site removal of any municipal waste generated or present at any time from the Township.
[Ord. 2011-12, 10/6/2011; Ord. No. 2024-03, 9/19/2024]
1.
General.
A.
Storage. It shall be the duty of every owner of property and every person occupying a commercial establishment, industrial establishment, institutional establishment or dwelling unit where municipal waste is produced and accumulated within the Township, to provide and keep at all times at his own expense and cost a sufficient number of carts or containers approved by the Township to hold all municipal wastes which may accumulate during the intervals between collection of such municipal waste, safely and securely.
B.
Preparation of Municipal Waste. All municipal waste shall be drained of liquid before placement in any refuse container. Containers shall be of a durable, watertight, rust resistant material and have a close-fitting lid and handles to facilitate collection. Plastic bags may be used as municipal waste receptacles providing they are sealed to prevent the scattering about of their contents and do not contain any rips, tears or punctures. All containers shall be kept in a sanitary condition and shall be kept in good repair. All containers shall be adequate to fully contain the volume of municipal waste to be disposed of. Overflowing containers are strictly prohibited.
2.
Storage on and Collection from Residential Properties.
A.
Storage and Containers. All municipal waste generated by the owner or occupant of a residential unit or property shall be placed in a cart or carts for collection by the waste hauler selected by the Township from time to time. All carts will be provided by the Township and will be durable, watertight and designed for residential collection. The carts shall at all times be secured by closing the lid tight and should be inaccessible to insects, birds, rodents and vermin. Recyclables also shall only be stored in Township-designated containers, and only after all food stuffs and other material which draw insects, birds, rodents and vermin has been removed.
B.
Location of Containers. Each municipal waste container shall be located so as to be accessible to the waster hauler/collector at ground level and at a point on the curb line of the street, or within no less than 10 feet of the public street or alley right-of-way from which collection from a vehicle can be made.
C.
Placement of Containers. All carts for municipal waste and recyclables shall be stored in a side yard or a rear yard except during the hours of collection. Storage in a front yard is strictly prohibited unless completely shielded from view. Municipal waste and recyclables may be placed at the street for collection only on the property whose occupants generated the municipal waste or the recyclables. Municipal waste and recyclables may be placed at street for collection no earlier than 5:00 p.m. on the day preceding a scheduled collection. Municipal waste and recycling carts shall be removed from the street within 12 hours of a scheduled collection.
D.
Municipal Waste Disposal. All municipal waste generated by the owner or occupant of a residential unit or property shall without exception utilize the Township-designated waste hauler for collection and disposal.
3.
Storage on Commercial, Institutional and Industrial Properties.
A.
Containers. Storage of municipal waste on commercial, institutional, and industrial properties shall be done in the same type, quality, and condition of containers as are required for residential properties except where the accumulation for each commercial, institutional, or industrial property precludes their use, in which case such owner or occupant shall make special arrangements for the storing of such additional quantities. Such special arrangements shall include the following:
B.
Location of Containers. Containers for collection at commercial, institutional, and industrial properties shall be located on such premises at a place determined by such owner or occupant of the commercial, institutional, and industrial property and shall not be unsatisfactory to the Township. Such locations shall not interfere with public or private sidewalks, driveways, roads, streets, highways, or entrances and exits of public or private buildings.
[Ord. 2011-12, 10/6/2011]
Any person transporting solid waste within the Township shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.
[Ord. 2011-12, 10/6/2011]
1.
All municipal waste produced, collected, and transported from within the jurisdictional limits of the Township shall be, to the extent permitted by law, disposed of at disposal facilities designated by the Township and in accordance with any currently effective solid waste management plan of the Township. In the absence of such designated facilities and/or such currently effective solid waste management plan of the Township, the Township reserves the right to designate a state-permitted facility of its choice or require that disposal be at a state-permitted facility.
2.
If the Township designates the disposal facilities as provided for above, all transporters, haulers, and collectors of solid waste shall be informed by the Township 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 of from within the Township.
[Ord. 2011-12, 10/6/2011]
The Board of Commissioners is hereby authorized to make and promulgate any additional rules and regulations for the collection, removal and disposal of municipal waste not in conflict with this Part, and violations of the same shall be subject to the same penalties as provided in this Part.
[Ord. 2011-12, 10/6/2011]
No person shall obstruct, delay or interfere with a municipal waste collector, hauler, or transporter while in the performance of their duties, or enter into any controversies with such persons, nor shall any person violate any of the provisions of this Part with regard to the storage, placement, disposal, collection, or removal of municipal waste or recyclables, or the containers for the same.
[Ord. 2011-12, 10/6/2011]
1.
The Township shall enforce the maintenance of proper receptacles placed at suitable places on the premises and shall institute the prosecution of all persons or entities violating any of the provisions of this Part. Prior to the initiation of an enforcement action, the Township shall send a notice of violation by first class mail advising such person/persons or entity that this Part has been violated. Separate notices shall not be required for each incident or violation. If the violation is not corrected within 10 days, then a civil action may be commenced against the violator.
2.
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and attorneys' fees. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
3.
In addition to the foregoing, the Township 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 Township 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.