[Ord. 2007-8, 9/4/2007, § 1]
This part shall be known and referred to as the "Municipal Waste
Collection and Transportation Ordinance of Solebury Township."
[Ord. 2007-8, 9/4/2007, § 2]
The following words and phrases as used in this part shall have
the meaning ascribed to them herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Waste Transportation Safety Act of 2002,
P.L. 596, No. 90, June 29, 2002, 27 Pa.C.S.A. § 6201 et
seq.
The Pennsylvania Solid Waste Management Act of 1980, P.L.
380, No. 97, July 7, 1980, 35 P.S. § 6018.101 et seq.
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988, Act 1988-101, July 28, 1988, 53 P.S.
§ 4000.101 et seq.
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste and/or source-separated recyclable materials.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
The County of Bucks, Pennsylvania.
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 to the waters of this commonwealth.
Disposal facilities include, but are not limited to, municipal waste
landfills and construction/demolition waste landfills as defined by
Act 101, Act 97, and/or PADEP rules and regulations (25 Pa. Code,
Chapters 260a and 271).
Any establishment engaged in manufacturing or production
activities, including, but not limited to, factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
Any establishment or facility engaged in services, including,
but not limited to, hospitals, nursing homes, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
A person who has written authorization from the PADEP under
Act 90, 27 Pa.C.S.A. § 6201 et seq., to collect, haul, transport
and dispose of 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 under Act 97, 35 P.S. § 6018.101 et seq., from a municipal,
commercial or institutional water supply treatment plant, wastewater
treatment plant, or air pollution control facility. The term does
not include any source-separated recyclable materials.
Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
The Pennsylvania Department of Environmental Protection.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency, or any other legal
entity 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.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, recycling facilities,
composting facilities, and resource recovery facilities.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed 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 generation of energy.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
Materials, including leaf waste, that are separated from
municipal waste at the point of origin or generation for the purpose
of recycling.
The off-site removal of any municipal waste at any time after
generation.
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For the purpose of this part, the singular shall include the
plural and the masculine shall include the feminine and neuter.
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[Ord. 2007-8, 9/4/2007, § 3]
1.
It shall be unlawful for any person to collect and/or transport municipal
waste from any residential, public, commercial, industrial or institutional
establishment within the Township without first securing written authorization
from the PADEP in accordance with the provisions of Act 90, 27 Pa.C.S.A.
§ 6201 et seq.
2.
It shall be unlawful for any person to store, collect and/or transport
municipal waste or source-separated recyclable materials from any
sources within the Township in a manner not in accordance with the
provisions of this part, any applicable municipal ordinance, the revised
County plan, Act 90, 27 Pa.C.S.A. § 6201 et seq., Act 101,
53 P.S. § 4000.101 et seq., the minimum standards and requirements
established in 25 Pa. Code, Chapter 285, of the PADEP Municipal Waste
Management Regulations, any applicable Bucks County Department of
Health regulations, and/or any other federal, state, or local regulations.
3.
It shall be unlawful for any person to scavenge any material from
any municipal waste or source-separated recyclable materials that
are stored or placed for subsequent collection within the Township
without prior approval from the Township.
[Ord. 2007-8, 9/4/2007, § 4]
1.
All collectors or waste haulers operating within the 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 applicable requirements of Act 90, 27 Pa.C.S.A. § 6201
et seq., Act 97, 35 P.S. § 6018.101 et seq., Act 101, 53
P.S. § 4000.101 et seq., and PADEP 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.
B.
All collection vehicles conveying municipal 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
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 and/or 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 collection vehicles and equipment used by collectors or waste
haulers shall be subject to inspection by the Township or its authorized
agents at any reasonable hour without prior notification.
[Ord. 2007-8, 9/4/2007, § 5]
1.
No person shall collect, or remove any municipal waste from within
the Township without first obtaining written authorization from PADEP
in accordance with the provisions of Act 90, 27 Pa.C.S.A. § 6201
et seq., and providing a copy of such written authorization to the
Township. This section shall not apply to private individuals (e.g.,
homeowners) who wish to transport their own household waste to PADEP
approved facilities or recyclables to appropriate 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.
2.
For a collector or waste hauler to collect and transport municipal
waste within the Township a collector or waste hauler shall submit
a registration form to the 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-PMBWM0015) along with any of the following information that may
be deemed appropriate by the Township:
A.
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.
B.
The type of municipal waste to be collected and transported.
C.
Certificate(s) of insurance evidencing that the waste hauler or collector
has valid liability, automobile and worker's compensation insurance
in the minimum amounts established and required by separate resolution
of the Board of Supervisors of the Township.
D.
If they are hauling or collecting source-separated recyclable materials
in the Township, 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.
3.
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 the Township.
4.
All licensed collectors and licensed waste haulers shall meet the
requirements of Act 90, 27 Pa.C.S.A. § 6201, Act 97, 35
P.S. § 6018.101 et seq., Act 101, 53 P.S. § 4000.101
et seq., the Bucks County Municipal Waste Management Plan, and all
PADEP rules and regulations, 25 Pa. Code, Chapter 285.
[Ord. 2007-8, 9/4/2007, § 6]
1.
All licensed collectors and licensed waste haulers and collectors
and haulers of source-separated recyclable materials operating within
the Township shall participate in the Bucks County Municipal Recycling
Documentation Program. The program will provide a system for documenting
the origin of municipal waste and source-separated recyclable material
by Township and the ultimate disposal point of said waste and recyclables.
Each licensed collector and licensed waste hauler and collectors and
haulers of source-separated recyclable materials operating in the
Township shall prepare and submit an annual report to the Township
on the official collectors and haulers recyclables documentation reporting
form. The report shall be submitted by the PADEP licensed collector
or licensed waste hauler and collectors and haulers of source-separated
recyclable materials to the Township by January 31 of each year and
include all of the required information pertaining to the preceding
calendar year.
2.
All annual reports submitted to the Township from licensed collectors
and licensed waste haulers and collectors and haulers of source-separated
recyclable materials shall be combined into a single report and submitted
by the Township on the official municipal recyclables documentation
reporting form to the County by February 28 of the year following
the reporting period.
[Ord. 2007-8, 9/4/2007, § 7; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. 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. For purposes of this section,
the doing of any act or thing prohibited by any provision of this
part, or the failure to do any act or thing as to which any provision
of this part creates any affirmative duty, shall constitute a violation
of this part punishable as herein stated. Licensed collectors and
licensed waste haulers who shall violate any provision of this part
may be reported to the PADEP, by the Township and may be subject to
the revocation of the state authorization to transport municipal waste,
as described in Act 90, 27 Pa.C.S.A. § 6201 et seq.
[Ord. 2007-8, 9/4/2007, § 8]
The 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.
[Ord. 2011-3, 1/18/2011, § I]
This part shall be known and may be cited as the "Solebury Township
Recycling Ordinance."
[Ord. 2011-3, 1/18/2011, § II]
As used in this part, the following terms shall have the following
meanings:
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or gaseous
material, resulting from the operations of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residential or hazardous
waste in the Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as amended, 35 P.S. § 6018.101 et seq., 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.
Any person collecting or transporting municipal waste or
recyclable materials for owners or occupants of property in the Township
and any business or institution within the Township which generates
municipal waste or recyclable materials and uses its own employees
and equipment for the collection or transportation of municipal waste
or recyclable materials.
Any individual, partnership, association, corporation, institution,
cooperative enterprise, trust, municipal authority, federal government
or agency, commonwealth institution or agency or any other legal entity
whatsoever which is recognized by law as a subject of rights and duties.
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 any other
legal entity having officers and directors.
Those materials specified by the Township herein for collection
in accordance with this part and recycling regulations which may be
promulgated from time to time. Recyclable materials include, but shall
not be limited to, aluminum cans, clear and colored glass containers,
newspapers, inserts, junk mail, magazines, phone books, cardboard,
tin and steel cans, all plastic containers labeled 1 through 7 and
leaf waste. The list of recyclable materials may be changed from time
to time by resolution of the Board of Supervisors of the Township.
Any person who owns, leases or occupies a property located
in the Township used as a residence.
[Ord. 2011-3, 1/18/2011, § III]
There is hereby established a program for the mandatory source-separation
and collection of recyclable materials and leaf waste within the Township,
Bucks County, Pennsylvania. No person shall dispose of municipal waste,
recyclable materials or leaf waste within the Township except in accordance
with this part. The use of a municipal waste collector will not relieve
any person from compliance with this part.
[Ord. 2011-3, 1/18/2011, § IV]
1.
Recyclable Materials. All residents of the Township shall separate
recyclable materials from all municipal waste generated at their properties.
When placed at the curb for collection in accordance with the provisions
of this part, recyclable materials shall be placed in reusable containers
which clearly identify the contents as recyclables. Such containers
shall be provided by the municipal waste collector. The preparation
for collection of municipal waste and recyclable materials shall be
made in accordance with the instructions provided by the municipal
waste collector.
2.
Leaf Waste. All residents of the Township shall separate leaf waste
from all municipal waste generated at their property. If composting
or other on-site disposal system is not desirable, residents may contract
with a municipal waste collector to arrange for pickup of leaf waste
in paper biodegradable bags, reusable containers or in bulk. Any resident
who otherwise provides for the proper disposal of leaf waste by composting
shall not be required to comply with the provisions of this subsection.
3.
Collection. Collection of recyclable materials shall be made only
by a municipal waste collector at a minimum of one time every other
week. Leaf waste shall be collected by a municipal waste collector
in accordance with the schedules established annually by the municipal
waste collector.
4.
Multifamily Residences. An owner, landlord or agent of an owner or
landlord of multifamily residential housing properties with four or
more units or the residents of multifamily residential properties
acting by and through a duly constituted homeowners' association
shall comply with their responsibilities under this part by establishing
a collection system for recyclable materials at each property and
pickup by a municipal waste collector. A collection system must include
suitable containers for collecting and sorting materials, easily accessible
locations for the containers and written instructions to the occupants
or residents concerning the use and availability of the collection
system. In addition, such owners, landlords, agents and homeowners'
associations shall annually provide written documentation and certification
to the Township of the total number of tons of materials and the types
of materials, recycled. Such owners, landlords, agents and homeowners
associations may comply with the reporting requirements hereunder
by requiring their municipal waste collector to provide said documentation
and certification directly to the Township. Owners, landlords and
agents of owners or landlords who comply with this part under this
subsection shall not be liable for the noncompliance of occupants
of their building.
[Ord. 2011-3, 1/18/2011, § V]
1.
All persons occupying commercial, institutional and municipal establishments
within the Township shall separate recyclable materials, high-grade
office paper, aluminum, corrugated paper, leaf waste and such other
materials, as may be changed from time to time by resolution of the
Board of Supervisors of the Township, generated at such establishments
and from community activities, store the materials until collection
by a municipal waste collector and annually provide written documentation
and certification to the Township of the total number of tons of materials
and the type of materials recycled.
2.
Such persons may comply with the reporting requirements hereunder
by requiring their municipal waste collector to provide said documentation
and certification directly to the Township.
[Ord. 2011-3, 1/18/2011, § VI]
1.
No person shall place municipal waste in containers used for the
separation and collection of recyclable materials.
2.
No person shall place designated recyclable materials in containers
used for the separation and collection of municipal waste.
3.
No person shall store municipal waste outside of an enclosed building
in other than closed watertight containers.
4.
No person shall place containers for municipal waste or recyclable
materials at the curb or in the front yard of any lot, except during
the period beginning at 3:00 p.m., prevailing time, on the day prior
to a scheduled collection and ending at midnight on the day of a scheduled
collection. "Front yard" shall mean the area between the street line
and the first building on the lot.
[Ord. 2011-3, 1/18/2011, § VII]
Leaf waste shall be kept separate from all other forms of municipal
waste and separate from recyclables. Nothing herein shall require
any person to gather leaf waste or prevent any person from using leaf
waste for compost, mulch or other agricultural purposes.
[Ord. 2011-3, 1/18/2011, § VIII]
Notwithstanding the terms of this part, compost piles kept by
occupants or tenants of a structure shall not violate the terms and
conditions of this part; provided, that the materials in the compost
piles do not generate any offensive odors; and, provided further,
that said compost piles are secure so that animals do not spread the
materials from the compost piles around the premises or to adjacent
premises.
[Ord. 2011-3, 1/18/2011, § IX]
Nothing in this part or any regulation promulgated pursuant
hereto shall be deemed to impair the ownership of separated materials
by the persons who generated them unless and until separated materials
are placed at curbside or similar location for collection by a municipal
waste collector.
[Ord. 2011-3, 1/18/2011, § X]
From the time of placement of the recyclable materials at the
curb or other designated place for collection by a municipal waste
collector pursuant to the provisions of this part and any rules and
regulations adopted hereunder, the recyclable materials shall become
and be the property of the municipal waste collector. It shall be
a violation of this part for any person not duly authorized by the
Township to collect or pick up or cause to be collected or picked
up any recyclable materials placed at the curb or other designated
place for collection by a municipal waste collector pursuant to the
provisions of this part. Any and each such unauthorized collection
in violation hereof from one or more residences shall constitute a
separate and distinct offense punishable as hereinafter provided in
this part.
[Ord. 2011-3, 1/18/2011, § XI]
The collection of municipal waste and recyclable materials by
municipal waste collectors and the preparation and collection of municipal
waste and recyclable materials by property owners and residents of
the Township shall be made in compliance with this part and any regulations
to be adopted by the Board of Supervisors of the Township to carry
out the intent and purpose of this part. Such rules and regulations
shall be approved by resolution of the Board of Supervisors and, when
so approved, shall have the same force and effect as the provisions
of this part. Said rules and regulations may be amended, modified
or repealed by resolution of the Board of Supervisors.
[Ord. 2011-3, 1/18/2011, § XII; as amended by A.O.]
1.
Unlawful Activities; Public Nuisance. It shall be unlawful and a
public nuisance for any person to violate, cause or assist in a violation
of any provision of this part or violate, cause or assist in the violation
of any rule, regulation or resolution promulgated by the Board of
Supervisors pursuant to this part.
2.
Penalties. Any person who violates any provision of this part or
of the regulations adopted hereunder or any person who engages in
unlawful conduct as defined in this part, upon conviction thereof
in an action brought before a magisterial district judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
less than $50 nor more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. 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. Each section of this part that is violated shall
also constitute a separate offense.
3.
Injunction. In addition to any other remedy provided in this part,
the Township may institute a suit in equity where unlawful conduct
or a public nuisance exists as defined in this part for an injunction
to restrain a violation of this part or any rules, regulations or
resolution promulgated or issued by the Board of Supervisors pursuant
to this part.
4.
Concurrent Remedies. The penalties and remedies prescribed by this
part shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the Township from exercising any other remedy
provided by this part or otherwise provided at law or equity.
[Ord. 2011-3, 1/18/2011, § XIII]
This part shall be read consistent with all applicable state
and federal laws, including any laws exempting or limiting agricultural
uses from the requirements of this part. The terms and provisions
of this part are to be liberally construed so as to best achieve and
effectuate the goals and purposes hereof. This part shall be construed
in pari materia with the Solid Waste Management Act, Act of July 7,
1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et
seq., the Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq., and the rules and regulations adopted thereunder. If any
provision, sentence, clause or part of this part is for any reason
found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality, or invalidity shall not affect or impair any of the remaining
provisions of this part. It is hereby declared as the intent of the
Township that this part would have been adopted had such stricken
provisions not been included herein. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
