[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.