[Ord. 08-2014-589, 8/28/2014, § 201]
1.
Title. This Part shall be known as the "Salisbury Township Mandatory
Recycling Ordinance."
[Ord. 08-2014-589, 8/28/2014, § 202]
The following words and phrases, when used in the text of this
Part, shall have 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 Ch. 27.
Empty nonaerosol containers, consisting entirely of aluminum.
A person licensed and authorized by the Salisbury Township
to collect and transport recyclables as part of the recycling program.
Empty nonaerosol containers consisting of either steel only
or steel and aluminum, which were used to contain either food or beverage
or both.
Includes any paper which has a shiny or glossy finish or
appearance, resulting from treatment of the surface or application
of a coating of kaolin, clay or other chemicals. The term includes
the advertising inserts which are often intermingled or distributed
with newspapers.
Includes all business, commercial, educational, industrial,
institutional, or municipal establishments, and community activities,
and all multi-family housing of four or more residential dwellings.
If any commercial activity occurs in a residential establishment,
the entire establishment shall be deemed a commercial activity.
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, picks up or receives from any location within Salisbury
Township.
Events sponsored in whole or in part by the Township or conducted
within the Township and sponsored privately, which include, but are
not limited to, fairs, bazaars, socials, picnics and organized sporting
events that will be attended by 200 or more individuals per day.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
A facility using land for processing of municipal waste by
composting. The term includes land thereby affected during the lifetime
of the operations including, but not limited to, areas where composting
actually occurs, support facilities, borrow areas, offices, equipment
sheds, air and water pollution control and treatment systems, access
roads, associated on site or contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a facility for composting residential
municipal waste that is located at the site where the waste was generated.
A written agreement entered into between the Township and
a contractor pertaining to the collection, transportation and disposal
of recyclable materials within the Township of Salisbury.
The person, firm or corporation that has been authorized
by the Township by contract to collect, transport and dispose of recyclable
materials within the Township of Salisbury.
The fabricated or manufactured structural unbleached paper
material with an inner core shaped in rigid parallel furrows and ridges,
with one or more outer liners, often consisting of a material known
as kraft paper, but shall not include linexboard or paperboard normally
used as cereal boxes and similar.
The following locations on adjoining public streets or roads
from which the Township shall collect recycling:
For those streets and roads which have curbs, within 10 feet
of the curb or curbline or at the edge of the cartway.
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.
As otherwise established by regulation of the Township Board
of Commissioners or Township Manager, where the above locations are
not clear or satisfactory.
The container issued or approved by the Township for the
purpose of collecting, storing and placing recyclable materials at
the curbside for collection by the Township.
The program established by the Township through its licensed
commercial hauler to collect recyclable materials from the curbside
of designated residential establishments within the Township.
Those recyclable materials which must be separated from all
other municipal waste and placed at curbside for collection according
to the recycling regulations established and revised from time to
time by the Township.
Those recyclables materials which persons may bring and deposit
at one or more public drop-off centers established as part of the
recycling program according to the recycling regulations established
and from time to time revised by the Township.
All bottles and jars made of clear, green, or brown glass.
Excluded are plate glass, automotive glass, blue glass and porcelain
and ceramic products.
Any white paper of the type commonly used for letter writing,
stationery, note paper, plain paper for photocopying machines, computer
printers and other general-purpose paper, whether or not any printed
or written matter is contained thereon. It does not include newspaper,
magazines, corrugated paper, or any coated paper.
Batteries shall include, but not be limited to, automotive,
truck, and industrial batteries that contain lead.
Leaves from trees bushes and all other plants, garden residues,
shrubbery and bundled tree trimmings not exceeding five inches in
diameter with a maximum length of five feet, and similar material,
but not including grass clippings.
Printed matter on coated paper containing miscellaneous written
pieces published at fixed or varying intervals, also known as periodicals,
and includes telephone directories. Expressly excluded are newspaper
and all other paper products of any nature whatsoever.
A parcel of land under single ownership for the placement
of mobile homes to be used for non-transient 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.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded
are glossy advertising inserts often included with newspapers.
Any individual, partnership, company, firm, association,
society, trust, estate, owner, operator, occupant, tenant, agency,
entity, corporation, institution, municipality or municipal authority
or any other group or entity, (including the officers and directors
of any corporation or other legal entity having officers and directors)
or their assigns.
The plastic rings or similar plastic connectors used as holding
devices in the packaging of beverages, including, but not limited
to, carbonated beverages, liquors, wines, fruit juices, mineral waters,
soda and beer.
Plastic containers of all varieties, types, and chemical
compositions of plastic.
Those materials identified by the Township from time to time
to be recycled, including but not limited to the materials listed
in § 1501 of Act 101, 53 P.S. § 4000.1501.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastic and other materials which
would otherwise be disposed or processed as municipal waste, or the
mechanical separation and treatment of municipal waste (other than
combustion) and creation and recovery of reusable materials other
than a fuel for the operation of energy.
A bin or container provided or made available to residential
establishments for the sole purpose of storing recyclables prior to
collection by the contractor.
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.
The rules, regulations, standards, specifications, orders,
licenses, permits, interpretations, schedules, zones, routes, and
waivers established from time to time by the Township pursuant to
the authority of this chapter. Such regulations shall be deemed to
be a part of this chapter and included by reference as if written
herein.
Any premises utilized primarily as a residential dwelling
unit, including, but not limited to, homes, mobile homes, and buildings
arranged, designed, and intended for occupancy by up to four families
living independent of each other. 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.
The act or practice of removing, taking, scattering or disturbing
recyclable materials which have been collected and assembled in containers,
whether stored on private or public property or placed by a roadway
or curb for collection.
A process that does not require the sorting and separation
of materials sent to be recycled. Single stream sorting differs from
the multiple stream method where homeowners had to sort and separate
recyclables into different bins.
To separate recyclable materials from municipal solid waste
for the purpose of recycling.
The Township of Salisbury, a first class township, located
in Lehigh County, Pennsylvania.
The off-site removal of any recyclable materials generated
or present at any time from the Township.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed, whether municipal, residual, or hazardous waste, or otherwise.
The term does not include source-separated recyclable materials or
material approved by the department for beneficial use.
[Ord. 08-2014-589, 8/28/2014, § 203]
1.
The following materials are hereby designated as "recyclable materials"
within Salisbury Township:
A.
Residential. For all residential establishments, including multi-family
housing, as defined by this Part:
(1)
Clear glass.
(2)
Brown and green glass.
(3)
Aluminum cans.
(4)
Bimetallic and steel cans.
(5)
Newspaper.
(6)
Leaf waste.
(7)
Plastic containers, of the varieties, types, and chemical compositions
as specified by the Township Manager.
(8)
Magazines.
(9)
Junk mail/mixed paper.
(10)
Paper board (cereal boxes, etc.)
(11)
Telephone books.
(12)
Milk Carton/juice boxes.
2.
The Board of Commissioners, may, by Resolution, determine from time
to time which of the above materials are to be collected.
[Ord. 08-2014-589, 8/28/2014, § 204]
1.
Recyclable Materials. Every person in Salisbury Township shall be required to separate the recyclable materials listed in § 20-203 "Recyclable Materials," of this chapter, to the extent determined by the Board of Commissioners by resolution, for the purpose of recycling, from all of the other municipal solid waste and other waste generated by that person. No person may dispose of such recyclable materials with any other municipal solid waste or other waste.
2.
Batteries. Lead-acid batteries shall not be disposed of or included
in with any municipal solid waste or recyclable materials. Lead-acid
batteries shall be disposed only in accordance with § 1510
of Act 101, 53 P.S. § 4000.1510, and otherwise prevailing
commonwealth law and regulations.
3.
Plastic Beverage Carriers. Plastic beverage carriers which are not
degradable shall not be used, as required by § 1701(c) of
Act 101, 53 P.S. § 4000.1701(c).
4.
Other Waste. All other municipal solid waste and other waste materials,
whether residual, hazardous, or otherwise, shall be generated, stored,
separated, placed, collected, and disposed in accordance with all
other applicable federal, commonwealth, county, and Township laws,
ordinances, rules, regulations, specifications, standards, orders,
permits, and licenses.
[Ord. 08-2014-589, 8/28/2014, § 205]
1.
All persons owning, occupying, or operating residential establishments
within Salisbury Township shall comply with the following requirements:
A.
Separation. Separate the recyclable materials designated for collection
and maintain the materials in the separated condition until collection
by a commercial hauler, contracted by the Township. The separation
shall be performed by the time those materials are placed at curbside
for collection. If the Township will utilize single stream recycling,
the resident can commingle the recyclables into one bin.
B.
Preparation. Prepare for recycling all of the recyclable materials
generated by that person, in accordance with the regulations for each
respective material as established by the Township, by the time that
those recyclable materials are placed for collection, and maintain
those materials in that condition.
C.
Recycling Containers. Place recyclable materials in the separate
official Township recycling containers or other containers authorized
by the Township, in accordance with regulations established by the
Township. Each residential establishment shall acquire and use the
official Township recycling container for no purpose other than recycling.
D.
Placement and Time. The approved recycling container shall be placed
or set out at curbside and the empty recycling container shall be
removed from curbside on the scheduled day for collection, in accordance
with the times and schedules established by the Township and hauler
providing waste collection service to such resident.
[Ord. 08-2014-589, 8/28/2014, § 206]
1.
One initial recycling container shall be provided to each residential
establishment, except multifamily housing. The Township shall have
the power to require that each recycling container be identified with
the residential establishment to which it is assigned. All recycling
containers issued by Salisbury Township as part of the recycling program
are the property of Salisbury Township.
A.
Replacement Fee for Additional Containers. A reasonable replacement
fee for each recycling container shall be established, to provide
for the replacement of each of the Township's official recycling containers.
The amount of the purchase fee may be established or changed from
time to time by a resolution of the Township Board of Commissioners,
and shall be adequate in amount to reimburse the Township for the
cost of purchasing a replacement for any such container.
B.
Time of Purchase and Payment. The replacement fee shall be paid to
the Township for all official Township recycling containers which
are supplied to residential establishments after its initial distribution.
C.
Loss, Theft, or Damage.
(1)
The owner, occupant, and operator of each residential establishment
is responsible for and shall bear the risk of loss, theft, or damage
to the official recycling container supplied for the use of that establishment.
Returns of the purchase fee may not be made if the container is not
returned for any of these reasons, in which event the purchase fee
may be retained and used by the Township.
(2)
If any official recycling container for a residential establishment
is either lost, stolen, or damaged, the owner, occupant, or operator
shall pay a new purchase fee to the Township for replacement in kind
of the official recycling container, as otherwise specified in this
section.
(3)
No person shall damage, take, remove, deface, destroy or use
a recycling container issued or approved by the Township for any purpose
other than for approved storage and collection of recyclable materials.
D.
Records by Secretary. The Township Secretary or his/her designee
shall establish and maintain records of the persons who have paid
purchase fees for the official Township recycling containers; the
address or location of the residential establishment to which the
containers were supplied; the amounts and dates that the purchase
fees were paid; the date and amount of any subsequent return, loss,
theft, damage, or payment of a purchase fee; and such other information
that the Treasurer shall determine.
[Ord. 08-2014-589, 8/28/2014, § 207]
1.
Curbside Recycling Program. Salisbury Township shall perform or contract
for collection of all recyclable materials which are placed at curbside
by each residential establishment, except multi-family housing, on
at least one occasion per calendar week.
2.
Duty to Collect. Each contracted commercial hauler shall collect
and transport any designated recyclable materials which have been
properly prepared, separated, and placed at curbside in time for collection
on the scheduled collection day. Commercial haulers shall have no
obligation to collect any materials which do not conform to this chapter
or the supplemental regulations to be adopted.
3.
Drop-Off Centers. The Township may operate or designate "drop-off
centers at various locations within the Township for the collection
of recyclable materials. The Township shall advise residents of the
locations, operating hours, recyclable materials accepted, and other
details of the operation of the drop-off centers.
4.
Leaf Waste. The Township shall collect leaf waste during the spring
and fall of each calendar year.
A.
During those times of the year specified for collection in the supplemental
recycling regulations, all persons who gather leaf waste shall source
separate such waste and place it for collection at the times and in
the manner specified in the regulations.
5.
Sale and Marketing.
A.
Recyclable materials that are collected by the Township or its contractor
shall be recycled, unless markets for them do not exist.
B.
The Township or its contractor shall transport, process, sell, market,
and dispose of all recyclable materials collected by it in any manner
that the Township or the Township's contractor sees fit, in their
respective discretion, except that there shall be no cash transactions
involving recyclable materials marketed by the Township, provided
that such activities comport with federal and state law and with the
provisions of this chapter.
C.
The Township's contractor shall establish and keep records and report
at least monthly to the Township Manager the quantity, price and total
amount of recyclable materials collected, processed, marketed and
sold.
D.
Each hauler must provide written documentation that either all recyclable
materials are recycled or that markets for those materials do not
exist.
6.
Township Organization. The Township Manager shall establish an appropriate
administrative organization and system for the collection, transportation,
separation, processing, sale, marketing, and disposition of recyclable
materials in accordance with this chapter, but only if the Township
has not contracted with a person or agency to collect, separate, and
market recyclable materials within the Township.
7.
Contracting Out. Nothing in this chapter shall prohibit the Township
from entering into agreements or contracts with any person or agency
to collect, separate and market recyclable materials within the Township.
A.
Power. The Township shall have the power to enter into contracts
with other persons for the collection, transportation, separation,
processing, sale, marketing, or disposition of materials as required
by Act 101 and this chapter.
B.
Allocation of Functions. Any such contract shall state in writing
which functions, rights, and duties of the Township under this chapter
shall be performed by the contracting person, and which functions,
rights, and duties shall remain with the Township.
C.
Substitution and Interpretation. To the extent that any contracting
person takes the place of Salisbury Township in the performance-of
functions, rights, and duties under this chapter, "Salisbury Township"
and "Township" shall be deemed to mean that contracting person.
D.
Responsibility. A person who enters into a contract under this subsection
shall be responsible with Salisbury Township for implementation of
this chapter, to the extent of such contract.
[Ord. 08-2014-589, 8/28/2014, § 208]
1.
Except as set forth in this section, collection of recyclable materials
by persons not licensed by Salisbury Township or County of Lehigh
is strictly prohibited.
2.
Nothing in this chapter shall prohibit any resident from donating
or selling any such resident's own recyclables to any other person,
whether operating for a profit or not for profit. Nothing in this
chapter shall require any person to gather leaf waste nor prevent
any person from utilizing leaf waste for composting mulch, or other
agricultural, horticultural, silvicultural, gardening or landscaping
purpose.
3.
No person, other than an authorized collector, shall scavenge, remove,
take, scatter or disturb recyclable materials which have (A) been
collected or assembled in recycling containers, whether stored on
public or private property; or (B) been placed at the curbside for
collection pursuant to the curbside collection program; or (C) been
deposited at a drop-off center established pursuant, to this chapter
or subsequent regulations issued hereunder.
4.
Unlawful "scavenging" shall not include the collection or assemblage
of scattered trash and debris, whether or not recyclable, from roadsides
or public property with the intent of properly disposing of or recycling
such trash and debris.
[Ord. 08-2014-589, 8/28/2014, § 209]
1.
All multi-family housing, as defined in this chapter, shall recycle
all recyclable materials generated by either of the two following
methods:
A.
Contract. Contracting with a commercial hauler or otherwise providing
for the recycling, as defined by Act 101, of all of the recyclable
materials generated within that multifamily housing, in accordance
with this Part.
B.
On-Site System. Multi-family rental housing properties may establish
a collection system for recyclable materials at each property, as
required by § 1501(c)(1)(ii) of Act 101, which collection
system shall consist of the following components as a minimum:
(1)
Suitable containers for collecting and sorting materials.
(2)
Easily accessible locations for the containers.
(3)
Written instructions to the occupants concerning the use and
availability of the collection system.
(4)
The Township may establish regulations defining compliance with
these requirements.
(5)
Owners, landlords, and agents of owners and landlords, who comply
with this subsection shall not be liable for the noncompliance of
the occupants of their buildings.
[Ord. 08-2014-589, 8/28/2014, § 210]
1.
Recycling. Every person owning, occupying, or operating a commercial activity, as defined by this chapter, within the Township shall comply with this chapter by separating and storing in an enclosed building or closed container, or as otherwise approved by Township, until collection for recycling by contract with a commercial hauler or otherwise, all of the recyclable materials designated in § 20-203 of this chapter which are generated by that commercial activity.
2.
Compliance with Hauler Regulations. If a commercial solid waste hauler
is contracted, engaged, or hired for recycling, then the commercial
activity shall comply with all regulations of the commercial hauler
for recyclable materials with regard to the following:
[Ord. 08-2014-589, 8/28/2014, § 211]
1.
Any commercial hauler contracted, engaged, or hired for the collection
of municipal solid waste in the Township shall comply with the following
requirements:
A.
Licensing. Every commercial hauler shall be licensed by Salisbury
Township or Lehigh County and shall not collect municipal solid waste
in the Township unless and until a hauler's license is secured. Such
license shall be summarily revocable by the Township for failure by
the commercial hauler to comply with the terms of this chapter.
B.
Compliance with Laws. Every commercial hauler shall comply with this
chapter, Act 101, and all other applicable laws and regulations.
C.
Separation. Every commercial hauler shall keep the several types
of recyclable materials which are designated for collection and collected
separate from each other, unless the hauler can demonstrate in writing
that a market exists for the commingled recyclable materials.
D.
Recycling. Every commercial hauler shall either:
E.
Recycling Program. Each commercial hauler collecting municipal solid
waste in the Township shall commence the collection of recyclable
materials in strict accordance with the provisions of this chapter
and any accompanying regulations. Collection shall be pursuant to
such rules and regulations as the commercial hauler shall reasonably
prescribe. Each commercial hauler shall provide copies of any such
rules and regulations, together with its pickup schedules, to the
Township for approval by the Township Manager prior to implementation.
F.
Annual Reports. Every commercial hauler shall submit annual reports
to the Township. Reports shall be submitted within one month of the
end of each year. Each report shall state for that reporting period:
(1)
The quantity in tons of each recyclable material collected by
that hauler in the Township.
(2)
The total quantity in tons of all garbage, trash, and refuse
collected by that hauler in the Township.
(3)
To whom or where and how each recyclable material was sold or
delivered for processing or recycling.
G.
Reporting Noncompliance. Every commercial hauler shall report to
the Township Manager all instances of apparent noncompliance with
either this chapter or Township regulations, within 72 hours of becoming
aware of such noncompliance.
[Ord. 08-2014-589, 8/28/2014, § 212]
Any person seeking to establish a recycling facility within the boundaries of the Township must first obtain all necessary approvals in accordance with the terms and conditions of the Salisbury Township Zoning Ordinance [Chapter 27], as subsequently amended from time to time.
[Ord. 08-2014-589, 8/28/2014, § 213]
1.
Regulations. The Township Manager, may, with approval of the Board
of Commissioners, promulgate, and thereafter revise as appropriate,
rules and regulations for the following parts of the Township's recycling
program (or otherwise), as the Board shall deem appropriate, which
regulations shall become effective 30 days after public advertisement:
A.
Plastic Containers. Varieties, types, and chemical compositions to
be collected for recycling, both in the Township's curbside recycling
program and at any drop-off centers, or otherwise disposed in municipal
solid waste.
B.
Preparation of recyclable materials for recycling.
C.
Separating, placing or combining recyclable materials in the official
Township recycling bins.
D.
Exact locations for curbside pickup, where those locations are not
established or are otherwise unsatisfactory.
E.
Zones, routes, and schedules for collection days.
F.
Times to set out and bring in the official Township recycling bins.
G.
Drop-off center locations, operating hours, materials accepted, and
other details.
[Ord. 08-2014-589, 8/28/2014, § 214]
1.
The Township Manager or his designee shall be responsible for monitoring
and enforcing compliance with this chapter and regulations.
A.
Administrative Action and Enforcement. For violations of this chapter
by either the owners, occupants, or operators of residential establishments,
the Township shall comply with the following administrative actions
and enforcement procedure before commencing any action before the
district justice:
(1)
Tagging. For the first two violations by the same person within
the last year, each violation shall be separate violations on different
dates, and any municipal solid waste or recyclable material which
does not comply with the provisions of this chapter shall be left
at curbside and shall be tagged with instructions on proper handling.
The address of the violation will be recorded by Salisbury Township.
(2)
Letter. For the third separate violation on a different date
within the last year, the owner, occupant, or operator shall be notified
by registered letter of the penalties for continued non-compliance
with this chapter.
B.
Civil Liability Before District Judge. Any commercial activity, as
defined by this chapter; or commercial solid waste hauler; or any
owner, occupant, or operator of a residential establishment who has
been previously subjected to all of the administrative action and
enforcement procedure of this section within the last year; which
violates any provision of this chapter, shall be subject to the following
civil penalties, payable to Salisbury Township, upon a finding of
liability therefore by the district justice:
(1)
First Action. For the first action before the district justice
within the last year, a civil penalty of not more than $300 and costs,
including reasonable attorney's fees.
(2)
Subsequent Actions. For any action before the district justice
within one year subsequent to a previous finding by the district justice
of civil liability by the same person for any violation of this chapter,
a civil penalty of not more than $1,000 and costs, including reasonable
attorney's fees. Provided, however, that no owner, occupant, or operator
of a residential establishment shall be liable for a civil penalty
greater than $300 and costs, including reasonable attorney's fees,
for a violation of solely the administrative regulations established
pursuant to the authority of this chapter.
(3)
Each day that a violation of this chapter continues shall be
deemed to be a separate violation. Each violation shall be deemed
to be a separate violation.
C.
Incentives.
(1)
The Township Manager shall have the power to establish incentives
to promote compliance with this chapter, as may be appropriate from
time to time. The Township Manager shall report at least quarterly
to the Board of Commissioners on the incentives which have been established,
and when and to whom those incentives have been granted.
(2)
Procurement Options. The Township may utilize the provisions
of Act 101's, §§ 1507, "Procurement Procedures for
Local Public Agencies," and 1508, "Procurement Options for Local Public
Agencies and Certain Commonwealth Agencies," if the Township elects
to do so.
[Ord. 08-2014-589, 8/28/2014, § 215]
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
Part.
