[Ord. 161, 8/6/2014, § 1.01]
This chapter shall provide a mandatory recycling program and
govern all aspects of the collection, storage, transportation, processing,
and disposal of municipal solid waste and recycling in the Township.
It contains regulations applicable to haulers of municipal waste and
recyclables, individuals, commercial, municipal, and institutional
establishments, and community activities.
[Ord. 161, 8/6/2014, § 1.02]
1.
An ordinance to establish a program for mandatory source separation
and separate collection of designated recyclable materials from residences
and properties receiving municipal waste collection services within
the Township, for recycling purposes; to prohibit the disposal of
designated recyclable materials into the conventional municipal waste
disposal system; to empower the Township to promulgate and adopt reasonable
rules and regulations therefore; and, to fix penalties for violation
thereof of this chapter.
2.
Otherwise promote the purposes and goals set forth in the Act.
[Ord. 161, 8/6/2014, § 1.03; as amended by A.O.]
As used in this chapter, the following terms shall have the
meanings indicated:
One who performs an act for his immediate family or for another
person gratuitously (without any form of monetary or material compensation
therefore).
Empty, all-aluminum beverage and food containers.
An individual or corporation authorized by the Commonwealth
of Pennsylvania to transport or collect municipal solid waste and/or
municipal recyclables.
Empty food or beverage containers consisting of both steel
and aluminum.
A non-corrugated paperboard used for backing sheets on padded
writing paper, partitions within boxes, shoe boxes, cereal boxes and
the like.
Any person who collects municipal waste or recyclables and
transports to an authorized disposal site.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, or financial or professional service or office enterprise,
business, or establishment.
Any establishment engaged in a non-manufacturing or non-processing
business including, but not limited to, farms, stores, markets, office
buildings, restaurants, shopping centers, apartment buildings with
four or more units, and private residential developments, theaters,
churches, mobile home parks, condominium and townhouses, or a similar
type of development.
Recyclables mingled or blended together placed in the same
container.
Events sponsored in whole or in part by a municipality, or
conducted within a municipality 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.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, of the type normally used to make packaging
cartons and boxes.
A method of collection of residentially generated municipal
waste and/or residentially generated recyclables by which the owners
or occupants of certain residential properties may dispose of their
recyclables by placing them curbside at times designated by the haulers,
for collection and removal by a collector thereof for delivery to
a recycling center.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of municipal waste into or on the land or water
in a manner such that the municipal waste or a constituent thereof,
enters the environment, is emitted into the air, or is discharged
to the waters of the Commonwealth of Pennsylvania.
Any site, location, area, building, structure, transfer station,
or premises to be used for municipal waste disposal.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking, consumption of food.
All empty food and beverage jars or bottles, the product
being transparent or translucent (either clear, green or brown).
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, refineries and the like.
An establishment engaged in service including, but not limited
to, hospitals, group homes, nursing homes, schools, universities,
churches, and social or fraternal societies and organizations.
The owner of a residential rental property, or such owner's
authorized agent.
Leaves, garden residue, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
Any owner of a waste transportation vehicle licensed under
Pennsylvania Act 90.
Printed matter, also known as periodicals, containing miscellaneous
written pieces published at fixed or varying intervals, printed on
glossy or chemically coated paper. Expressly excluded are newspapers
and all other paper products of any nature whatsoever.
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains four or more dwelling units.
Of or pertaining to any office or other property under the
control of any branch or arm of the federal government of the United
States of America, the Commonwealth of Pennsylvania, or any political
subdivision of the Commonwealth of Pennsylvania including, but not
limited to, the Township, any counties, cities, boroughs, townships,
and municipal authorities.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid, or contained
gaseous material resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities;
and, sludge not meeting definition of residual or hazardous waste
under this section from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant or air pollution
control facility.
Any facility that is designed, operated or maintained for
the disposal of municipal waste, whether or not such facility possesses
a permit from the Department under the Solid Waste Management Act,
35 P.S. § 6018.101 et seq. The term shall not include any
facility that is used exclusively for disposal of construction/demolition
waste or sludge from sewage treatment plants or water supply treatment
plants.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing advertisements
and other matters of public interest. The term newspaper expressly
excludes glossy advertising inserts, magazines, glossy or other chemically
treated coated paper, office paper, any other paper products of any
nature.
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, including, but not limit to,
the Department of General Services and the State Public School Buildings
Authority, or another legal entity which is recognized by law as the
subject of rights and duties. In the provisions of this Part pertaining
to a fine or penalty, the term includes the officers and directors
of a corporation or other legal entity having officers and directors.
Empty plastic food and beverage containers, the specific
types of which are PET (e.g., soft drink bottles) and HDPE (e.g.,
milk and water jugs, detergent and shampoo bottles) will be designated
by resolution of the Township Supervisors.
Materials designated as recyclable in this chapter, or required
by the terms of this chapter (or any amendment hereto) will be designated
by resolution of the Township Supervisors.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, plastics and other materials which would otherwise
be disposed or processed as municipal waste.
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 term does
not include transfer facilities, municipal waste landfills, composting
facilities or resource recovery facilities.
Of or pertaining to any dwelling unit used as a place of
human habitation and which is not commercial, municipal, institutional,
or a community activity. Home occupations incidental to a residential
use within a building are considered residential.
Any person generating municipal waste from a Residential
Establishment located within the Township.
Any premises in the Township utilized primarily as a residential
dwelling unit, but excluding apartment buildings containing four or
more units, condominiums and townhouses or a similar type of development.
A processing facility that provides for the extraction and utilization
of materials or energy from municipal waste.
The term includes a facility that mechanically extracts materials
from municipal waste, a combustion facility that converts the organic
fraction of municipal waste to usable energy and a chemical and biological
process that converts municipal waste into a fuel product.
The term also includes any facility for the combustion of municipal
waste that is generated off-site, whether or not the facility is operated
to recover energy.
The term includes land affected during the lifetime of operations,
including, but not limited to, areas where processing activities actually
occur, 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:
Any composting facility.
Methane gas extraction from a municipal waste landfill.
Any separation and collection center, drop-off point or collection
center for recycling, or any source separation or collection center
for composting leaf waste.
Any facility, including all units in the facility with a total
processing capacity of less than 50 tons per day.
Solid waste (e.g., non-recyclable glass, metal, paper or
plastic) exclusive of garbage and noncompostable plant material, wood,
or nonputrescible solid waste.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling. The term is limited
to clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, plastics and
other marketable grades of paper.
Empty food or beverage containers made of steel, tin-coated
steel, or other ferrous metal food or beverage containers.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such municipal waste
in excess of one month constitutes disposal. The presumption can only
be overcome by clear convincing evidence to the contrary.
Upper Nazareth Township, Northampton County, Pennsylvania.
The off-site removal of any municipal waste at any time after
generation thereof.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of, processed or beneficially used. The term does not include
source-separated recyclable materials, material approved by the Commonwealth
of Pennsylvania, Department of Environmental Protection, for beneficial
use under a beneficial use order issued by the Department prior to
May 27, 1997, or material which is used beneficially in accordance
with a general permit issued under Subchapter 1 or Subchapter (relating
to beneficial use; and beneficial use of sewage sludge by land application)
if a term or condition of the general permit excludes the material
from being regulated as a waste.
Leaves, garden residue, tree trimmings, chipped shrubbery
and other vegetative material.
A facility that is used to compost leaf waste, or leaf waste
and grass clippings, garden residue, tree trimmings, chipped shrubbery
and other vegetative material. The term includes land affected during
the lifetime of the operation, 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
and transportation activities, and other activities in which the natural
surface has been disturbed as a result of or incidental to operation
of the facility.
[Ord. 161, 8/6/2014, § 1.04]
1.
It shall be unlawful for any person to store, dump, discard, or deposit,
or to permit the storage, dumping, discarding, or depositing of, any
municipal waste or recyclables upon the surface of the ground or underground
within the Township, except in proper containers for purposes of storage
or collection, and exempt where the waste or recyclables are of such
size or shape as not to permit their being placed in such containers.
It shall be unlawful for any person to dump or deposit any municipal
waste or recyclables in any stream, body of water or on any public
right-of-way within the Township.
2.
Every owner of property or occupant thereof responsible for such
property's day-to-day operation or maintenance shall pick up
and discard in any appropriate receptacle any municipal waste, recyclables
or other debris deposited or accumulated on the sidewalk or gutter
in front of or adjacent to such property. All owners or operators
of commercial, industrial, institutional and municipal establishments
in the Township shall take all reasonable precautions to prevent the
deposit and accumulation of debris in front of their premises, and
in furtherance of that end, may place appropriate waste containers
on the sidewalks in front of or adjacent to their premises at a point
which will not create a hazard to traffic or pedestrians. Any such
receptacles so placed shall be emptied on a regular basis and maintained
in a neat and clean appearance.
3.
Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of his farming operation, including composting
and spreading manure or other farm-produced agricultural waste, provided
such activities are conducted in accordance with all applicable law,
rules and regulations.
4.
Bulk containers shall not be permitted to overflow or to have waste
strewn or left about them on the ground. A violation of this provision
shall be deemed a violation of the chapter by the person on whose
property the bulk container is located, if it is located on private
property.
