[Ord. 08-2014-589, 8/28/2014, § 101]
This Part shall be known as the "Salisbury Township Municipal Solid Waste Ordinance."
[Ord. 08-2014-589, 8/28/2014, § 102]
The following words and phrases when used in this Part shall have, unless the context clearly indicates otherwise, the meanings given to them in this section, unless the context clearly indicates otherwise:
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq.
Enactment Act of Nov. 23, 2010, P.L. 1083, No. 108 C1.27.
Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.103 et seq.
A person desirous of being authorized as a "collector."
Furniture and other waste materials with weights or volumes greater than those limits allowed for bins or containers, as the case may be. Bulk waste may include construction refuse and demolition refuse (as defined herein); tires (without or dismounted from wheels or rims); and automobile parts with any fluids removed (e.g., engines, transmission, radiator, etc.) and "white goods" (e.g., stoves, washing machines, dryers, etc.), and metal bulk items (e.g., water tanks). Bulk wastes shall not include "Freon appliances" as defined in this section which are to be handled as specified by Township from time to time.
Any person authorized and licensed by the PADEP and registering with the County of Lehigh to collect, transport, and dispose of municipal solid waste.
Any establishment engaged in a non-manufacturing or non-processing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, apartment buildings, theaters, churches, and mobile home parks.
Any person or business licensed to collect, haul, or transport, by any mode of transportation, for any consideration or as a business in trade or commerce, any waste and/or recyclable material which same collects, pickup or receives from any location within Salisbury Township.
Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, socials, picnics, and organized sporting events attended by 200 or more individuals per day.
A receptacle with a capacity of greater than 20 gallons but less than or equal to 35 gallons durable, watertight, metal or plastic cans or drums or securely tied plastic bags. The size of each such container shall not exceed a thirty-gallon capacity and when filled shall weigh no more than 50 pounds. However, larger containers designed for use with special hoisting equipment may be used if the collector serving the residential dwelling uses collection vehicles with such special hoisting equipment. If the Township decides to utilize an automated collection with special equipped trucks, the size of the container shall be determined by the Township.
A written agreement entered between the Township and a contractor pertaining to the collection, transportation, and disposal of municipal solid waste within the Township.
The person, firm or corporation that has been authorized by the Township by contract to collect, transport and dispose of municipal solid waste within the Township of Salisbury.
The County of Lehigh Board of County Commissioners or any agency designated as the County's representative for purpose of this chapter.
A program instituted by the Township to collect municipal solid waste and garbage from residential units within the Township.
The Pennsylvania Department of Environmental Protection.
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 in compliance with the regulations imposed by the County of Lehigh under their Solid Waste Management Plan.
A very large metal trash receptacle designed to be hoisted and emptied into a truck for the collection and storage of municipal waste by commercial, industrial, municipal, institutional and multi-family dwellings and apartments, and other places designated by the Township.
Refrigerators, freezers, dehumidifiers, air conditioners and any other appliances which contain Freon.
All animal and vegetable wastes attending or resulting from the handling, dealing, storing, preparation, cooking, and consumption of foods.
Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations and from community activities, or any combination of the above, which because of its quantity, quality, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality in either an individual or the total population, or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or future threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
Any establishment engaged in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants, refineries and the like.
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 waste by any person engaging in such process.
A parcel of land under single ownership for the placement of mobile homes to be used for nontransient dwelling purposes.
Any four or more condominiums, apartments, or other residential dwellings, regardless of the form of ownership, tenancy, or the physical arrangement of the structure which are owned under a single deed.
As defined by Act 97 and Act 101, each as amended to date including, but not limited to, any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semi-solid or contained gaseous material resulting from the operation of residential, municipal, commercial, industrial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste from a municipal, commercial, industrial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. For purposes of this chapter, the term "municipal waste" shall not include infectious and chemotherapeutic waste since all haulers of infectious and chemotherapeutic waste are licensed and regulated by the PADEP under special regulations.
The County of Lehigh Waste Management Plan prepared and approved by the Lehigh County Board of Commissioners in accordance with the requirements of PA Act 101 of 1988, Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act, titled the County of Lehigh Waste Management Plan, 1996, as amended.
Any individual, company, corporation, association, partnership, trust, firm, joint stock company, organization, institution, cooperative enterprise, society, commission, municipal authority, governmental body or agency or any other group or legal entity or their assigns whatsoever recognized by law as the subject of rights and duties. In a provision of this chapter prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include officers and directors of a corporation or other legal entity having officers and directors.
Any technology, methods or means used for the purpose of reducing the volume or bulk of solid waste or any technology used to convert part of or all of such waste materials for off-site or on-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, incinerators, recycling facilities, and resource recovery facilities.
A single-family dwelling.
Each structure containing three or less residential dwellings.
Each residential dwelling within any structure containing three or less residential dwelling.
These definitions shall apply regardless of either the form of ownership or tenancy, or the physical arrangement of the structure. If any commercial activity occurs in a residential establishment, the entire establishment shall be deemed to be a commercial activity. |
Any waste including, but not limited to, municipal, residual, and hazardous wastes, including solid, liquid, or contained gaseous materials, as defined by the Pennsylvania Solid Waste Management Act.
The containment of any municipal solid waste on a temporary basis in such a manner as not to constitute disposal of such waste. The containment of any municipal solid waste for a period in excess of one year shall be conclusively presumed to constitute disposal.
The Township of Salisbury, a first class township, located in Lehigh County, Pennsylvania.
Any establishment or community facility owned by Salisbury Township, Lehigh County, Pennsylvania.
The off-site removal of any municipal solid waste generated or present at any time from any property situate within the Township.
A method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, suitable for recovery, suitable for storage or reduced in volume. For purposes of this chapter, the term "treatment" shall include activity or processing designed to change the physical form or chemical composition of waste so as to render it neutral or nonhazardous.
A material, the original purpose of which has been completed and which is directed to a disposal or processing facility or is otherwise disposed of, whether municipal, residual or hazardous waste, or otherwise, excluding source separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
[Ord. 08-2014-589, 8/28/2014, § 103]
1.
General. The Township assumes the responsibility of setting up a curbside collection program for its residents for the collection of and disposal of municipal waste and garbage. The Township, at its sole option, may exercise the option to hire a contractor for the collection transportation and disposal of solid waste. The Board of Commissioners shall have sole responsibility to enter into a contract for this sole purpose.
A.
Storage. It shall be the duty of every owner of property and every person occupying any dwelling unit, premises, or place of business 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 containers to hold all municipal wastes which may accumulate during the intervals between collection of such municipal waste.
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 Residential Properties.
A.
Containers. All municipal waste accumulated by the owners and/or the occupants of residential properties shall be placed in containers for collection. The containers shall be durable, watertight, metal or plastic cans or drums or securely tied plastic bags. The size of each such container shall not exceed a thirty-gallon capacity and when filled shall weigh no more than 50 pounds. However, larger containers designed for use with special hoisting equipment may be used if the collector serving the residential dwelling uses collection vehicles with such special hoisting equipment. The purchase and maintenance of containers shall be the responsibility of the owner or occupant of the residential dwelling. The containers shall be inaccessible to insects, birds, and vermin. Recyclables shall only be stored in Township-designated containers, and only after all food stuffs and other material which draw insects, birds and vermin has been removed.
B.
Location of Containers. Each municipal waste container shall be located so as to be accessible to the waste hauler/collector at ground level and as follows:
(1)
For those streets and roads which have curbs, within 10 feet of the curb or curbline or at the edge of the cartway.
(2)
For those streets and roads which do not have curbs, within reasonable safe proximity of the paved cartway, but no further than 10 feet from the public street or alley right-of-way.
(3)
As otherwise established by regulation of the Township Board of Commissioners or Township Manager, where the above locations are not clear or satisfactory.
C.
Placement of Containers. No storage of municipal waste shall be visible from any public road or thoroughfare except during the twelve-hour period prior to scheduled pick-up. Municipal waste and recyclables may be placed at curbside for collection only on the property whose occupants generated the municipal waste. Municipal waste and recyclables may be placed at curbside for collection not earlier than 5:00 p.m. on the day preceding a scheduled pickup. Municipal waste and recycling containers shall be removed from curbside within 12 hours of a scheduled pickup.
3.
Storage on Multi-Family, Commercial, Institutional and Industrial Properties.
A.
Containers. Storage of municipal waste on the property of commercial, institutional and industrial establishments and commercial multifamily housing shall be provided in the same type of containers as are required for residential dwellings except that containers larger than 30 gallons may be used where needed to accommodate larger volumes of municipal waste. Such containers or dumpsters shall be kept in good working order.
B.
Location of Containers. Containers for collection at commercial, institutional, and industrial properties shall be located on such premises and shall be appropriately screened at a place which shall not interfere with public or private sidewalks, driveways, roads, streets, highways or entrances and exits or public or private buildings.
C.
All commercial multifamily housing, commercial, industrial and institutional establishment shall provide for the collection and disposal of all municipal waste generated by that establishment or activity from that establishment or activity at least one each week, by contract with a collector. The Township shall not provide any such collection, removal, transportation or disposal service to or from any such establishment or activity.
[Ord. 08-2014-589, 8/28/2014, § 104]
Any person transporting municipal solid waste within the Township shall prevent or remedy any spillage from vehicles or containers used in the transport of such waste.
[Ord. 08-2014-589, 8/28/2014, § 105]
1.
All municipal solid waste collected and transported from within the Township to be disposed of shall be, to the extent permitted by law, disposed of at a state permitted disposal site(s) 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 site(s) or facility(ies) at which all such Township waste must be disposed.
2.
If the Township designates the disposal site(s) as provided for above, all licensed collectors and other interested persons shall be informed by the Township of the location and other information pertaining to the designated disposal site(s) to be used for the disposal of municipal solid waste collected from within the Township.
3.
Lead acid (automotive) batteries may not be disposed of with municipal solid waste. Such batteries must be taken to a retailer or wholesaler of lead acid batteries, or to a collection or recycling facility or secondary lead smelter approved by the Environmental Protection Agency.
4.
Pursuant to Act 108 a covered computer device and covered television device shall not be disposed with municipal waste. These devices shall be collected, transported and recycled in accordance with Act 108.
[Ord. 08-2014-589, 8/28/2014, § 106]
1.
It shall be unlawful for any person, other than such persons as are duly licensed in accordance with the Lehigh County Solid Waste Management Plan and/or as required by applicable federal and state laws, to collect or transport commercial, industrial, Township, or institutional municipal solid waste of any nature as a regular hauling business within or from the Township. Should the Township require licenses to be issued, licensing shall be given only as set forth below. This does not apply to individuals or community groups who may regularly or periodically collect recyclables.
2.
Licensing to collect, transport, and either dispose of or recycle commercial, industrial, Township, or institutional municipal solid waste, for a person other than oneself, may be given by the Township through the issuance of a license. All applicants for licensing shall be reviewed by the Township and shall be approved or rejected in accordance with the following criteria:
A.
Municipal solid waste collection licenses may be issued to only those persons who can provide satisfactory evidence that they are capable of providing the necessary service(s) and can comply with the provisions and intent of this chapter. The Township reserves the right to disapprove any application for license where the application does not satisfactorily meet the criteria set forth herein.
B.
Applicants for a municipal solid waste collection license must furnish the following information:
(1)
The make, model, license plate number and size of each vehicle to be used for the collection and/or transportation of municipal solid waste within or from the Township.
(2)
The location, address, and telephone number of the business office of the applicant.
(3)
A certificate of the applicant's worker's compensation insurance as required by law.
(4)
A certificate of insurance coverage providing complete third part comprehensive bodily injury and property damage liability insurance, the limits of which shall not be less than $100,000 to $300,000 for bodily injury and/or death and $50,000 for property damage.
(5)
If an applicant proposes to dispose of the municipal solid waste collected within the Township, a certificate as to the disposal site(s) to be utilized by the applicant. If disposal site(s) are changed during the year, an application for an amended license shall be filled.
(6)
If the applicant proposes to collect recyclable municipal solid waste within the Township, a list of the materials to be collected for recycling and the current destination(s) or market(s) for each.
(7)
Any other information which the Township may deem relevant prior to the issuance of a license.
D.
All licensed collectors must, by January 30 of each year, provide the Township written documentation of the total number of tons of municipal solid waste collected within the Township during the previous calendar year, broken down with subtotals for the tonnage disposed of and tonnage of each material recycled as requested in Part 2 of this chapter. Failure to provide this documentation shall constitute sufficient grounds for the denial of a new or the revocation of an existing license.
E.
Licenses shall be issued on a calendar year basis, but may be revoked at any time by the Township for just cause.
F.
Fees for licenses shall be set as established by a resolution of the Board of Commissioners.
[Ord. 08-2014-589, 8/28/2014, § 107]
1.
Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal solid waste from hauling his/her own such waste, on an irregular and unscheduled basis, to a state permitted disposal site.
2.
Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his/her farming operation, including composting and the spreading of manure or other farm produced agricultural wastes.
3.
The provisions of this chapter do not apply to anything but the storage, collection, transportation, disposal and recycling of municipal solid waste; they do not apply, therefore, to hazardous or residual wastes as defined by the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq.
[Ord. 08-2014-589, 8/28/2014, § 108]
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 chapter with regard to the storage, placement, disposal, collection, or removal of municipal waste or recyclables, or the containers for the same.
[Ord. 08-2014-589, 8/28/2014, § 109]
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 chapter. 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 chapter 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.
Penalties. Any person violating any of the provisions of this chapter, including, but not limited to, (A) failure to use adequate containers or recycling bins, (B) the placement of containers or recycling bins in inappropriate locations for collection (C) mixing leaves in with municipal waste, (D) failure to separate all recyclables from other wastes for collection, (E) scavenging recyclables placed out for collection, (F) failure of a commercial, industrial, Township, or institutional establishment to recycle the specified materials, (G) collecting or transporting commercial, industrial, Township, or institutional municipal solid waste without a license, and (H) failure of commercial, industrial, Township, or institutional establishments and authorized collectors to provide annual documentation of the tonnage of materials disposed of and recycled, shall be subject to a fine of not less than $100 nor more than $1,000 plus court costs and attorneys' fees. Each day such a violation occurs, and each establishment for or on which it occurs, shall constitute a separate and distinct violation of this chapter.
3.
Remedies. In addition the foregoing penalty, the Township may require the owner or occupant of an establishment to remove any accumulation of municipal waste from that establishment, and should said person fail to remove and adequately dispose of or recycle such solid waste within five days following receipt of written notice to do so, said failure shall constitute a violation of this chapter. Further, the Township may at the end of said five-day period cause the municipal solid waste to be collected and disposed of or recycled, in which event the owner or occupant of the subject establishment shall reimburse the Township for all costs and expenses incurred by it in said removal and disposition.
[Ord. 08-2014-589, 8/28/2014, § 110]
This Township reserves the right to adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with the collection of municipal solid waste, which rules and regulations shall be and shall become a part of this chapter.